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Mountlake Terrace City Zoning Code

CHAPTER 19

110 ZONING PERMITS

§ 19.110.010 Purpose.

The purpose of this chapter is to set forth standards for review of land use applications regulated by this title. It may also describe notice requirements and the nature of hearings affecting other ordinances. In case of conflict, Chapter 18.05 MTMC, implementing the Regulatory Reform Act, known as Administration and Procedures shall prevail. The following are goals of this chapter:
A. 
To guide future growth and development in accordance with the Comprehensive Plan and to provide for consistency between new development and the Comprehensive Plan and related City ordinances; and
B. 
To provide for an efficient process to review development applications; and
C. 
To provide an open, understandable, and accessible process whereby applicants may compare progress of an application to procedures described herein.
(Ord. 2811 § 3 (Exh. 2), 2022)

§ 19.110.030 Complete application.

A complete application for any land use development project which includes, but is not limited to, conditional use permit, or variance shall include the following information:
A. 
Completed application form.
B. 
Fees.
C. 
Existing features map (Note: Existing features and proposal maps folded to a size generally, but no larger than, nine inches by 12 inches).
1. 
Bar scale of 10, 20 or 30 feet to the inch, or such that details can be shown with all layouts at same scale.
2. 
North arrow.
3. 
Name of project, drawing title, and site address.
4. 
Name of property owner and applicant, and professional with primary contact name, address and phone number.
5. 
Vicinity/area map locating the project area within a one-mile radius, including collector arterials.
6. 
All property lines, fully dimensioned and including bearings.
7. 
Right-of-way, within 100 feet of site, labeled to show street names and dimensions.
8. 
Curb cuts (driveways) for the site and both sides of any right-of-way within 100 feet of the boundaries of the site.
9. 
All existing easements on, or adjacent to, the proposed subject site with the following information: width, type, and auditor recording file number.
10. 
All existing power, street lights and communication poles or boxes on site or within 20 feet of the site, labeled.
11. 
All existing fire hydrants on site and within 100 feet of the site; identify type.
12. 
Existing contours shown at two-foot intervals (unless otherwise required or approved).
13. 
All existing significant trees six-inch or greater dbh (diameter at breast height).
14. 
Existing structures and/or improvements on and within 20 feet of the site; all fully dimensioned and their setbacks to all property lines labeled.
15. 
Environmentally sensitive features, if any.
16. 
Benchmark utilized for elevations based on the City's 1991 vertical control.
17. 
Existing underground storage tanks. Indicate if they are to be removed from site.
18. 
Existing structures to be removed from the site, and those that are to be demolished.
19. 
Traffic control devices (including stop signs, no parking signs, yield signs, crosswalks, traffic signals) within 75 feet of the site.
20. 
Existing public improvements including curbs, gutters, sidewalks, roadways, dropped curbs.
21. 
Existing drainage across site (including streams, ditches, swales, etc.), and within 100 feet of site.
22. 
Existing utilities on or within 75 feet of the site (including septic tanks, wells, gas, power, cable, telephone, sanitary sewer and storm facilities, water mains service and meters); identified as to type and size as appropriate.
23. 
Existing fire protection system facilities (including Fire Department connection, P.I. (post indicator) valves, DDCV vaults) on the site.
D. 
Proposal.
1. 
Bar scale of 10, 20 to 30 feet to the inch, or such that details can be shown. Scale to match existing features map, and with all layouts at same scale.
2. 
North arrow.
3. 
Name of project, drawing title, and site address.
4. 
All property lines, fully dimensioned including bearings.
5. 
Right-of-way within 100 feet of site, labeled to show street names and dimensions.
6. 
Existing and proposed contours (grading) at two-foot contour intervals; specify estimated amount of material to be cut and the amount to be filled as separate amounts, i.e., not the net cut and fill.
7. 
Proposed landscaped areas, by location, width and type and area calculations; indicate existing plants to be retained.
8. 
On every plan sheet provide dimensions and setbacks from all property lines, for all proposed structures, easements.
9. 
Existing structure(s) to remain to be demolished or to be moved from the site.
10. 
Proposed transportation facilities and public improvements including: bus stops, right-of-way dedications, driveways, sidewalks, traffic control, roadway improvements within 75 feet of the site boundaries.
11. 
Location of other utilities proposed, e.g., power within 30 feet of the site boundaries.
12. 
Finish floor elevation of structures and spot elevation of improvements such as parking lot, retaining walls, handicap parking.
13. 
Location dimensions and setbacks of all new structures and improvements (drive aisles, roadways, utilities) proposed.
14. 
Architectural elevations of proposed buildings, at a scale of one-quarter inch equals one foot or one-eighth inch equals one foot.
15. 
Conceptual utility layout showing method of water service, fire protection, sewage disposal and storm drainage, detention and biofiltration including locations of meters, manholes, catch basins, fire hydrants, fire department connections, post indicator valves, and DDCV vaults.
16. 
Proposed disposition of existing utilities including water, sewer, storm, septic tanks, wells, and underground storage tanks. Indicate if they will be reconnected to new structures, abandoned, removed, demolished or remain.
17. 
All proposed easements including width and type. Show layouts on plan.
18. 
Benchmark utilized for elevations based on City's 1991 vertical control.
19. 
Proposed storage tanks.
E. 
Requirements.
1. 
Title report.
2. 
Indicate the legal owner of the property. If the applicant is other than the legal owner, a letter from the owner indicating knowledge of and concurrence with the application, signed, dated, and notarized, must accompany the submittal.
3. 
Legal description.
F. 
Additional requirements may include:
1. 
Proposed lots (for short plats and subdivisions) showing all dimensions and areas (lots, rights-of-way, tracts, etc.).
2. 
Covenants proposed.
3. 
Calculations for area of impervious surface(s).
4. 
Mail boxes, type and location.
5. 
Proposed street lighting.
6. 
Proposed parking plan, fully dimensioned, identifying standard, compact and handicap stalls; and grades and elevation for accessible route of travel.
7. 
Drainage studies and calculations.
8. 
Conceptual site lighting plan, with calculations.
9. 
Geotechnical studies and reports.
10. 
Locations of solid waste and recycling storage areas with dimensions.
11. 
Traffic impact studies.
12. 
Environmental checklist with supplementary documents and studies.
13. 
Engineering design reports for proposed transportation and utility facilities.
14. 
Compliance with Americans With Disabilities Act (ADA) and Chapter 51-30 WAC.
15. 
Copies of submittals, approvals, and permits involving other agencies within jurisdiction.
16. 
Answers to a supplemental questionnaire to indicate how the proposal fits criteria relevant to the request.
17. 
An accurate list of addresses of property owners within 300 feet of the boundaries of the proposal. In addition, stamped, addressed legal-sized envelopes for the same list (these will be used for legal notices). If inaccurate addresses are used, an unreasonable number of mailings are returned, or property owners that should have been notified have not been notified due to improperly addressed envelopes, hearing(s) will be continued until sufficient addresses have been provided for notice. The applicant shall reimburse the City, per fee schedule, for each mailing prior to the hearing date.
(Ord. 2811 § 3 (Exh. 2), 2022)

§ 19.110.050 Limitations on refiling of applications.

The Planning Department shall not accept any application for a rezone/zoning text amendment, Comprehensive Plan amendment, conditional use permit, variance, or planned unit development permit within one year following the final denial of a similar application on the same parcel of land. In determining whether an application is similar to the permit denied, the Planning Department shall determine if the proposed change will permit uses, building locations, or relaxation of bulk requirements which are the same or substantially the same as those considered and disallowed by the earlier final action.
In every instance, the burden of proving dissimilarity shall be upon the applicant.
(Ord. 2811 § 3 (Exh. 2), 2022)

§ 19.110.150 Building permits.

All building permits issued by the City shall conform to the provisions of this title. Building permit application forms shall be prepared and administered by the Building Department in addition to other applicable codes and regulations.
(Ord. 2811 § 3 (Exh. 2), 2022)

§ 19.110.160 Certificates of occupancy.

No change of use within an occupied structure or portion thereof, or establishment of a new use in an unoccupied structure or portion thereof, with the exception of single-household residences, shall occur without there first being issued a certificate of occupancy pursuant to the Uniform Building Code as adopted by the City. City staff from Planning, Engineering, Fire and Building Departments shall review all occupancy requests for compliance with the requirements of this title and all applicable City codes and standards.
A. 
New Construction. A certificate of occupancy shall not be issued for new construction until the following aspects of site development are provided in conformance with the regulations of this title, or the necessary performance guarantees provided: landscaping, parking and loading, recreational requirements for multiple-household projects, signs, and outdoor storage.
B. 
Existing Development. The Director shall have the authority to allow a lesser degree of conformance with the required site improvements listed above, prior to the issuance of a certificate of occupancy, for reuse of an existing building in cases where conformance to the standards and specifications listed above renders unreasonable hardship to the property owner or is deemed advisable due to seasonal or economic considerations.
(Ord. 2811 § 3 (Exh. 2), 2022)

§ 19.110.170 Temporary uses.

A. 
Intent and Purpose. The intent and purpose of this section is to provide for uses of land and structures on a temporary basis. A temporary use is not exempt from the construction and fire code requirements adopted in MTMC Title 15. Temporary structures or buildings that have mobility gear equipment shall not have said gear removed from the structure and shall not be permanently affixed to the site.
B. 
Temporary Accessory Uses – No Temporary Use Permit Required. The following uses may be allowed without a temporary use permit accessory to a permitted use in accordance with the regulations of the zone classification in which it is located.
1. 
Construction Buildings. Temporary structure for the housing of tools and equipment or containing supervisory offices in connection with major construction projects may be established and maintained during the progress of such construction on such projects in accordance with all applicable codes and regulations and shall be removed within 30 days following issuance of the certificate of occupancy.
2. 
Temporary Real Estate Office. One temporary structure used for a real estate sales office may be located on any new project in accordance with all applicable codes and regulations, provided the activities of such office shall pertain only to the project where the office is located. For any single-household subdivision project, the temporary real estate office shall be removed at the end of a 12-month period measured from the date of the recording of the final plat of the subdivision. For all other projects, the temporary real estate office shall be removed within 30 days after the issuance date of an occupancy permit.
3. 
Temporary Housing Unit. With approval from the Director, a temporary housing unit for construction may be placed on a lot for occupancy during the period of time necessary to repair damage of a principal residence on the same lot, provided:
a. 
The temporary housing unit is removed from the site within six months;
b. 
The unit meets minimum setback regulations for a principal structure as required by the applicable zoning district and all applicable codes and regulations; and
c. 
A valid building permit is issued by the Building Department for a permanent structure on the lot.
4. 
Fund Raising Activities for Nonprofit Organizations. Fund raising activities promoted or sponsored by nonprofit organizations, including but not limited to special events such as musical entertainment, vehicle shows, rodeos, carnivals and circuses, shall be allowed on a temporary basis in accordance with Chapter 10.20 MTMC and all other applicable City codes and regulations.
C. 
Temporary Accessory Uses – Permit Required – Peddlers, Solicitors, and Temporary Sales Yards. Any person, firm, organization, or corporation who displays goods for sale, peddles food items, or solicits the sale of goods or wares, including, but not limited to, Christmas trees, flowers, or any food item, and who remains in one location for a period of greater than one hour, shall first obtain a temporary use permit from the Community and Economic Development Director and a City business license if required. These businesses shall be conducted only on private commercial or light industrial zoned properties.
1. 
A temporary use permit for peddlers, solicitors, and temporary sales yards shall require an application signed by the owner of the property on which the activity will occur. The review shall include location of all structures, objects, or things of any nature whatsoever appurtenant to the activity for the purpose of assuring compliance with all provisions of this title, and any other pertinent requirement of state and local law or regulation.
2. 
A time limit for the use shall be determined by the Community and Economic Development Director. The requested time limit shall be stated on the application and may be reduced for any cause related to safety, health, and general welfare of the public. Time extensions may be allowed subject to the approval of the Community and Economic Development Director.
D. 
Food Vendors – Mobile. To provide for food vendors to operate at a specific location, on a temporary basis, and for a limited period of time.
1. 
Definition. "Mobile food truck/vendor" means a licensed and operable motor vehicle or trailer, or a push cart, used to serve, vend, or provide food (hot or cold meals, snacks, or nonalcoholic beverages) for human consumption.
2. 
Private Property. Temporary use permit approval is required when located on private property, is valid for a 12-month period, and is subject to meeting all of the following general standards:
a. 
Meets the definition of "mobile food truck/vendor";
b. 
Is located in a commercial or light industrial zoning district. (In residential zones, a special event permit is required in conformance with Chapter 10.20 MTMC);
c. 
No more than one mobile food truck/vendor can be located on a site at any given time. The allowance of more than one food truck/vendor on a property is only permitted with the approval of a special events permit as provided for in Chapter 10.20 MTMC;
d. 
No alcoholic beverages. No cannabis related products;
e. 
Does not block fire lanes, or drive aisles, or pedestrian access to businesses or the public sidewalk;
f. 
Parked a maximum of once a day, up to six hours, on a site/property;
g. 
Hours of operation can occur no earlier than 6:00 a.m. and no later than 9:00 p.m., including clean-up time;
h. 
Trucks can be parked no more than four days a week;
i. 
No overnight parking or storage of the food truck is allowed, including no portion of the vendor's inventory, sales equipment, or any other objects associated with the vendor;
j. 
No excessive smoke associated with food preparation can occur;
k. 
No mechanical audio or noise making devices and no hawking is allowed. Hawking is the loud, repeated oral solicitation of business by the vendor or assistant;
l. 
Possess a current City business license;
m. 
Has obtained necessary permits from the Snohomish Health District;
n. 
Meets South County Fire District requirements;
o. 
Provides waste collection receptacles, and keeps area clean and free of litter, food and beverage wastes, or other trash. Waste collection receptacles should be placed near the curbside space the food truck occupies and not limit the pedestrian walkway to less than five feet wide. Compost and recycling receptacles are encouraged. Trash must be removed with truck on a daily basis and emptied regularly during the day should they become full during the period the food truck is in operation;
p. 
Folding menu boards, if used, should be placed near the curbside space the food truck occupies and walkways shall be kept clear to a width determined by staff and not limit the pedestrian walkway to less than five feet wide;
q. 
The City reserves the right to limit the number of food truck/vendor permit sites in any given area of the City.
3. 
In Right-of-Way. A right-of-way use permit is required when located in City right-of-way as defined in this section, subject to meeting all of the following:
a. 
Right-of-way includes any public street, or sidewalk or parking lane, improved or unimproved;
b. 
Obtain a right-of-way use permit for each location;
c. 
Meets all of the requirements in subsection (D)(2) of this section;
d. 
Provides any required insurance and/or indemnification; and
e. 
Any other filing requirements requested by the Director and/or conditions of approval.
4. 
To locate in a City park or other City-owned land (not right-of-way):
a. 
Contact the Recreation and Parks Department Director for approval of concessions permit;
b. 
Obtain a temporary use permit per MTMC § 10.20.180(C);
c. 
Meets all of the requirements in subsection (D)(2) of this section;
d. 
Provides any required insurance and/or indemnification. Vendors selling product on public land are subject to the leasehold excise tax, Chapter 82.92 RCW;
e. 
Provides any required insurance and/or indemnification; and
f. 
Any other filing requirements requested by the Director and/or conditions of approval.
5. 
Special Events. Any food vendor activity that is defined per Chapter 10.20 MTMC may need to obtain a special event permit in lieu of, or in addition to, the requirements set forth in this section.
6. 
Violations and Enforcement. Violators and violations of this section are subject to any applicable code enforcement actions and penalties per City Code, including but not limited to Chapters 8.30, 13.10, and 19.140 MTMC.
(Ord. 2811 § 3 (Exh. 2), 2022)

§ 19.110.200 Conditional use permits.

A. 
Purpose and Intent. The City of Mountlake Terrace recognizes that certain land uses possess unique and special characteristics with respect to their location, design, size, method of operation, circulation, and public facilities. To help ensure that such uses fit appropriately within the neighborhood context, a conditional use permit is required for conditional uses and accessory conditional uses identified in this title. The conditional use permit shall not be used in lieu of a variance to reduce the requirements of this title.
B. 
Public Hearing. Notice of a public hearing shall be prepared and issued by the Department pursuant to MTMC § 18.05.150 for conditional use permit applications heard by the Hearing Examiner. Conditional use permits require one public hearing before the Hearing Examiner.
C. 
Authority to Impose Conditions. In approving a conditional use permit, the Hearing Examiner may impose any conditions they feel necessary to ensure that designated uses or activities are compatible with other uses in the same land (or zoning) district and in the vicinity of the subject property.
D. 
Criteria for Review and Conclusions of Law. The Hearing Examiner may approve a conditional use permit only if the request either conforms to all the criteria in this subsection or the request will so conform under applicable codes and any specified conditions. The Hearing Examiner shall make written findings and conclusions for the record which support their decision. The criteria are as follows:
1. 
The proposal is in accordance with the goals, policies and relevant land use designations of the Comprehensive Plan.
2. 
The proposal will not adversely impact the established character of the surrounding vicinity. For purposes of this section, "character" shall mean:
a. 
The distinctive features or attributes of buildings and site design, including, but not limited to, building facade, scale, building modulation, tree cover, landscaping, size and location of signs, amount and location of parking, fencing, and walkability;
b. 
The level of noise, vibrations, or odors; and
c. 
The type of vehicular traffic and traffic patterns associated with the permitted uses in the zoning district.
3. 
The proposed use will not endanger the public health, safety, and general welfare of the community or create obstacles to neighborhood circulation.
4. 
The proposal complies with the purpose and all requirements of the zoning district classification in which it is located and with the general provisions of the municipal code.
5. 
The proposal will be served by existing public facilities as may be necessary. This standard may be met if the applicant pays the cost of or installs any additional facilities needed.
E. 
Final Decision. The Hearing Examiner may approve, conditionally approve, or deny the conditional use permit. The decision shall be final and conclusive unless an appeal is filed according to the procedure described in Chapter 18.05 MTMC. The decision of the Hearing Examiner shall be deemed issuance of the conditional use permit, if approved. All conditional use permit applications shall be deemed to run with the land, unless the Hearing Examiner states otherwise. The decision of the Hearing Examiner shall become effective immediately upon entry of such order in the official records, unless the Hearing Examiner finds that making the decision effective immediately would create a condition of practical impossibility or unnecessary hardship in which case they shall set a different effective date in the record, which in no event shall be more than 30 days from the date of entry of such order.
F. 
Recording. The Hearing Examiner may stipulate that the conditions of approval shall be recorded with the Snohomish County Assessor's Office. For any approval of a minor modification to an approved conditional use, the Director may stipulate that the conditions of approval shall be recorded with the Snohomish County Assessor's Office.
G. 
Changes or Modifications.
1. 
Minor. Minor changes to the operational aspects of the approved conditional use or the approved site plan shall be reviewed and may be approved by the Director in cases where the proposed modifications:
a. 
Do not significantly alter the originally approved conditional use;
b. 
Do not add more than 10 percent in area to the gross square footage of the approved conditional use; and
c. 
Do not conflict with current requirements of this title or other applicable codes and restrictions.
All such requests shall be made in writing and supported by documentation as required by the Director and be accompanied by the appropriate fee, based on the City's fee schedule. The Director shall make a written determination as to whether the proposed modification is minor, based on the criteria in this section. If the proposal is determined to be a minor modification to the conditional use, the Director shall treat the proposal as a minor amendment to the original approved conditional use and make a written decision to approve, deny, or approve with conditions.
2. 
Major. If the Director makes a written determination that the proposed changes or modifications do not represent only a minor change, the proposal shall be considered a major modification and processed only under a new conditional use permit application.
H. 
Time Limits. Any permits necessary to establish or construct an approved conditional use shall be applied for within one year of the effective date of the Hearing Examiner's decision, unless a shorter time limit is imposed. Conditional use permits shall be deemed automatically null and void if applications for any necessary permits or licenses to establish the use are not received by the Department within the required time period or, in such case that no permits or licenses are required, if the approved conditional use has not substantially commenced within that time period.
I. 
Revocation. The Hearing Examiner may revoke an approved conditional use permit following a public hearing if they find that:
1. 
The use for which the approval was granted has been abandoned for a period of one year or more; or
2. 
Approval of the permit was obtained by misrepresentation of material fact; or
3. 
The permit is being exercised contrary to the terms of approval.
The process to revoke a conditional use permit may be initiated by the Department. Any public hearing conducted by the Hearing Examiner to consider revocation is subject to the notice requirements under MTMC § 18.05.150. The Hearing Examiner shall make written findings and conclusions for the record that support the revocation decision.
(Ord. 2811 § 3 (Exh. 2), 2022; Ord. 2936, 7/16/2026)

§ 19.110.210 Variances.

A. 
General Provisions. The Hearing Examiner may grant in specific cases a variance from the terms of this title when it will not be contrary to the public interest and, owing to unique physical conditions such as lot configuration, steepness of slope, or other conditions applying to a lot or building, the strict application of the zoning regulations could deprive the property of privileges enjoyed by other properties in the same vicinity and under the same zoning classification.
1. 
A variance shall not be considered a right or special privilege, but may be granted only upon a showing of undue hardship.
2. 
When considering an application for a variance, the Hearing Examiner and/or Commission shall consider the applicable standards, criteria, and policies established by this title and the Comprehensive Plan as they pertain to the proposal and may impose specific conditions in order to ensure the proposal conforms to the criteria for review identified in MTMC § 19.110.200D.
3. 
The Hearing Examiner and/or Commission shall assure, through such conditions, that the proposal shall conform to the criteria for review identified in MTMC § 19.110.200D.
4. 
In no case shall the variance procedure allow a use which is not permitted in the applicable zone, nor shall the variance procedure be substituted for any other expressed procedure established by this title.
5. 
The fact that a piece of property may be utilized more profitably with an approved variance shall not be considered as a criteria for review.
B. 
Public Hearing. Notice of a public hearing shall be prepared and issued by the Department pursuant to MTMC § 18.05.150. An open record public hearing before the Hearing Examiner is required for approval. When the variance request is submitted concurrently with a site development plan, planned unit development, or conditional use permit for a primary use, the Planning Commission shall review the application at a regular meeting and file a report with recommendation with the Hearing Examiner.
C. 
Criteria for Review and Conclusions of Law. The Hearing Examiner may approve a variance only if the request conforms to all of the following criteria. The Hearing Examiner must adopt findings and conclusions from the record which support their decision.
1. 
The variance shall not constitute a grant of special privilege inconsistent with the limitation upon uses of other properties in the vicinity and zone in which the property on behalf of which the application was filed is located; and
2. 
Such variance is necessary because of special circumstances relating to the size, shape, topography, location or surroundings of the subject property, to provide it with use rights and privileges permitted to other properties in the vicinity and in the zone in which the subject property is located; and
3. 
The granting of such variance will not be materially detrimental to the public welfare or injurious to the property or improvements in the vicinity and zone in which the subject property is situated.
D. 
Final Decision. The Hearing Examiner may approve, conditionally approve, or deny the variance request. The decision shall be final and conclusive unless an appeal is filed according to the procedure outlined in MTMC § 18.05.190. The decision of the Hearing Examiner to approve or conditionally approve a request shall be deemed issuance of the variance. The decision of the Hearing Examiner shall become effective immediately upon the entry of such order in the official records of the Hearing Examiner, unless the Hearing Examiner finds that making the decision effective immediately would create a condition of practical impossibility or unnecessary hardship, in which case the Hearing Examiner shall set a new and different effective date which in no event shall be more than 30 days from the date of entry of such order, and this exception is noted in the record.
E. 
Time Limits. Permits necessary to establish or construct the proposal shall be applied for within one year of the effective date of the Hearing Examiner's decision, unless a shorter time limit is imposed by the Hearing Examiner. Variances shall be deemed automatically null and void if applications for any necessary permits to establish the use are not received by the Department within that period of time. When constructed pursuant to a permit, the variance shall be deemed permanent and shall run with the land, unless otherwise stated as a condition of permit approval.
(Ord. 2811 § 3 (Exh. 2), 2022; Ord. 2936, 7/16/2026)

§ 19.110.220 Site development plans.

A site development plan shall be required for all new development and redevelopment that propose nonresidential structures of 5,000 square feet or greater, seven residential units or more without a division of land pursuant to Title 17 with the exception of courts as defined in MTMC § 19.32.060F, and/or significant alterations to existing development that alters the exterior configuration of the water, sewer, and/or stormwater system of the site. A site development plan is separate from and does not replace other required permits, but may be combined with and reviewed concurrently with other land use permits pursuant to MTMC § 18.05.080. All site development plans shall be processed as a Type B application and shall conform to the following regulations:
A. 
Criteria for Review and Conclusions of Law. The Community Development Director may approve a site development plan only if the request conforms to all of the following criteria. The Director shall enter findings of fact and conclusions for the record that support their decision.
1. 
Type of Land Use. The proposal is in accordance with the goals and policies of the Comprehensive Plan and the type of land use that is permitted in the zone;
2. 
The proposed development is consistent with the Comprehensive Plan and Zoning Code;
3. 
Development Standards. The proposal complies with all requirements of the zone classification and general provisions of this title, except in the case where a variance has been approved in accordance with the requirements of MTMC § 19.110.210; and
4. 
Infrastructure. The proposal will be served by existing public facilities as may be necessary. This standard may be met if the applicant pays the cost of or installs any additional facilities needed.
B. 
Final Decision. The Community Development Director may approve, conditionally approve, or deny the site development plan application. The decision shall be final and conclusive from the "date of action" unless an appeal is filed according to the procedure outlined in MTMC § 18.05.190.
C. 
Decision Time Limits. Permits necessary to establish or construct the proposal shall be applied for within two years of the effective date of the final site plan decision, unless an extension is granted pursuant to the provisions of MTMC § 18.05.160. Site plan approvals shall be deemed automatically null and void if applications for any necessary permits to establish the use are not received by the Department within that period of time.
D. 
An approved site development plan shall be issued and its associated appeal period concluded prior to issuance of any engineering, building, mechanical, plumbing, electrical, or other administrative permits for a proposed development.
E. 
Changes or Modifications.
1. 
Minor. Minor changes in an approved site development plan may be authorized by the Planning Department in cases where the proposed modifications do not impact the ability of the project to meet the requirements of this title or other applicable codes and restrictions or conditions of approval. All such requests shall be made in writing and supported by documentation as required by the Planning Department.
2. 
Major. If the Planning Department determines the proposed amendment to the approved site development plan represents a significant change, it shall be considered a separate and distinct development and require a new application submittal.
(Ord. 2811 § 3 (Exh. 2), 2022; Ord. 2936, 7/16/2026)

§ 19.110.230 Rezones/amendments to the Official Zoning Map.

A. 
Conditions. When considering a rezone/Zoning Map amendment request, the Hearing Examiner and Council shall consider the applicable standards, criteria, and policies established by this and other City ordinances and the Comprehensive Plan. Specific conditions of approval may be imposed in order to ensure conformance of the proposal with the criteria for review identified below. Conditions of approval associated with a rezone request may be incorporated into a binding agreement such as a concomitant agreement or approved site plan.
B. 
Criteria for Review and Conclusions of Law. The Hearing Examiner shall consider the following criteria in making their recommendation to the City Council. The Council may approve the rezone request only if the proposal conforms to all of the following criteria. The Council shall adopt findings and conclusions for the record which support their decision.
1. 
The proposal is in accordance with the Comprehensive Plan;
2. 
Any parcel of land contained in this request, whether under single or unified ownership, is not receiving special or privileged treatment;
3. 
The proposal will not be materially detrimental to properties in the vicinity or the community based on the entire range of uses allowed in the proposed zone;
4. 
Adequate public services will be available to serve the full range of proposed uses;
5. 
The reclassification is warranted because of a change in circumstances, or because of a need for additional property in the proposed zoning district classification, or because the proposed zoning classification is appropriate for reasonable development of the subject property; and
6. 
The proposed rezone would promote the general health, welfare, and safety of the community.
(Ord. 2811 § 3 (Exh. 2), 2022)

§ 19.110.260 Departures.

A. 
Overview and Purpose. This title provides for a number of specific departure opportunities to development standards. The purpose is to provide applicants with the option of proposing alternative design treatments provided such departures meet the "purpose" of the particular standard and any additional departure criteria established for the particular departure opportunity.
B. 
Requests for Departures Are Voluntary. This provision allows the flexibility for applicants to propose alternative designs on a voluntary basis, provided they meet the purpose of the standard and applicable departure criteria as noted above.
C. 
Applicability. Departure opportunities are available only where noted for specific standards.
D. 
Procedures. Permit applications that include departure requests go through the standard review procedures in this chapter depending on the application type.
E. 
Approval Criteria. Project applicants must successfully demonstrate to the decision-maker how the proposed departure meets the purpose(s) of the standard and other applicable departure criteria that applies to the specific standard.
F. 
Documentation. The decision-maker must document the reasons for approving all departures (to be maintained with project application records) for the purpose of providing consistency in decision-making by the City.
(Ord. 2811 § 3 (Exh. 2), 2022; Ord. 2936, 7/16/2026)