Monroe City Zoning Code

22.72 Amendments

to Unified Development Regulations

22.72.010 Purpose.

This chapter establishes the procedures and requirements for amending this title. Applications to amend the unified development regulations may include revisions to text, charts, and figures in the code, as well as amendments to the city’s official zoning map, also known as rezones. (Ord. 005/2019 § 10 (Exh. B))

22.72.020 Applicability.

A. This chapter establishes the city’s criteria to be used in making a decision upon an application for amendments to the development regulations for:

1. Amendments to the text of this title; and

2. Amendments to the City of Monroe Official Zoning Map, which is also referred to as a rezone.

B. Exemptions. Changes in the organization, format, appearance, profiles, narrative, illustrations, examples, or other nonmaterial changes to the unified development regulations may be made by the zoning administrator and are exempt from this section. (Ord. 005/2019 § 10 (Exh. B))

22.72.030 General provisions.

1. If approval of a project is contingent upon amending the development regulations or zoning map, no development or building permits may be issued prior to the approval of the required amendment(s) to the development regulations.

2. When a comprehensive plan amendment is required to satisfy the approval criteria in MMC 22.72.040(E), approval of the comprehensive plan amendment is required prior to or concurrently with the granting of an amendment to the development regulations. In such cases, an application for an amendment to the unified development regulations shall be submitted together with, or subsequent to, an application for a comprehensive plan amendment.

1. Amendments to the development regulations in this title may be initiated by the following parties:

a. City council;

b. Planning commission; or

c. City staff.

2. Amendments to the City of Monroe Official Zoning Map, also referred to as rezones, may be initiated by the following parties:

a. City council;

b. Planning commission;

c. City staff; or

d. The owner(s) of the subject site(s).

C. Application and Contents. An application for an amendment to the unified development regulations shall be made according to the submittal requirements in Chapter 22.84 MMC, Permit Processing, on forms prescribed by the city, and shall include the fee established by the current fee resolution. All applications for amendments to the unified development regulations submitted in accordance with this title shall include the information set forth in MMC 22.84.040(D), Project Permit Applications, and in subsections (C)(1) through (C)(6) of this section. No application shall be deemed complete, nor accepted by the city, until all information set forth below has been submitted:

1. Completed application form;

2. A description of the proposed amendment and its purpose;

3. A completed and signed State Environmental Policy Act (SEPA) checklist;

4. A written statement demonstrating how the proposed amendments comply with all of the applicable decision criteria in MMC 22.72.040(E);

5. Applications for amendments to the official zoning map shall also include a vicinity map that provides the following information:

a. Existing zoning district(s) of the subject site;

b. Proposed zoning district(s) of the subject site; and

c. Existing zoning district(s) within three hundred feet of the site.

6. Other information and materials as may be required by the city to review the application. (Ord. 005/2019 § 10 (Exh. B))

22.72.040 Review process.

1. Applications for amendments to the unified development regulations shall follow the procedures for a Type VI project review, pursuant to MMC 22.84.030, Types of project permits.

2. Applications for amendments to the official zoning map by a property owner for a specific property (“site-specific rezone”), which are consistent with the Monroe comprehensive plan, shall follow the procedures for a Type IV land use action, as set out in Chapter 22.84 MMC, Permit Processing. Such site-specific rezones are a quasi-judicial land use proceeding, for which the hearing examiner will hold the open record public hearing and forward a recommendation to the city council. The city council is the final decision-making body.

3. Applications for an area-wide amendment to the official zoning map (“area-wide rezone”), which is consistent with the Monroe comprehensive plan, shall follow the procedures for a Type VI land use action, as set out in Chapter 22.84 MMC, Permit Processing.

4. An application for any amendment to the official zoning map that requires an amendment to the Monroe comprehensive plan shall be in accordance with Type VI actions, as set out in Chapter 22.84 MMC, Permit Processing. In such cases, an application for an amendment to the official zoning map shall be submitted together with, or subsequent to, an application for a comprehensive plan amendment.

B. Public Notice. Amendments to the unified development regulations shall be subject to all applicable noticing requirements in MMC 22.84.050, Public notice requirements.

C. Public Hearing. Pursuant to Table 22.84.060(B)(2): Decision-Making and Appeal Authorities, a public hearing is required for all amendments to the unified development regulations.

D. Decision. The final decision authority, as determined by Table 22.84.060(B)(2): Decision-Making and Appeal Authorities, shall approve, approve with conditions, remand to the recommending authority for further proceedings, or deny the amendment.

E. Decision Criteria. An amendment to the unified development regulations shall not be granted by the decision authority unless the applicant demonstrates that the proposal meets all of the following criteria:

1. The proposed amendment to the development regulations is consistent with the policies and provisions of the Monroe comprehensive plan;

2. The amendment complies with all other applicable criteria and standards of the Monroe Municipal Code and is consistent with the purpose of this title;

3. The subject property is suitable for development in conformance with the development regulations applicable under the proposed zoning district;

4. The proposed amendment advances the public interest of the community;

5. The amendment does not adversely affect public health, safety, or welfare; and

6. The amendment is warranted because of changed circumstances, error, or a demonstrated need for additional property in the proposed zoning district, when applicable.

7. In addition to those criteria in subsections (E)(1) through (E)(6) of this section, amendments to the official zoning map (rezones) shall also meet all of the following criteria:

a. The amendment is consistent with the future land use map set out in the Monroe comprehensive plan;

b. The amendment is compatible with the uses and zoning of the adjacent properties;

c. The proposed reclassification does not constitute a “spot” zone;

d. Adequate public facilities and services are likely to be available to serve the development allowed by the proposed zone;

e. The potential adverse environmental impacts of the types of development allowed by the proposed zone have been identified and can be mitigated taking into account all applicable regulations, or the unmitigated impacts are acceptable; and

f. The proposed reclassification is an extension of an existing zone, or a logical transition between zones.

F. Conditions of Approval. In approving a variance, the decision authority may attach thereto such conditions that they deem to be necessary or desirable in order to carry out the intent and purposes of this title. Additionally, the following conditions shall apply specifically to amendments to the official zoning map:

1. The city may require the applicant to submit a conceptual site plan before final approval being granted on an amendment to the zoning map.

2. The city may require the applicant to enter into a concomitant agreement with the city as a condition of the zoning map amendment and may, through that agreement, impose more restrictive development conditions than set out in this title that would be designed to mitigate potential impacts of the amendment and development pursuant thereto.

G. Ordinance Required. Action under this chapter, which amends the city’s development regulations and/or official zoning map, shall require the adoption of an ordinance by the city council, pursuant to the Monroe Municipal Code and state law.

H. Revisions to the Official Zoning Map. Following approval of an amendment to the City of Monroe Official Zoning Map, the city shall modify the official zoning map to reflect the change in zoning districts.