The purpose of this chapter is to establish standard procedures, decision criteria, public notification, and timing for development decisions made by the City of Mountlake Terrace. These procedures are intended to:
A. 
Promote timely and informed public participation;
B. 
Eliminate redundancy in the application, permit review, and appeals processes;
C. 
Process permits equitably and expediently;
D. 
Ensure that decisions are made consistently and predictably; and
E. 
Result in development that furthers City goals as set forth in the Comprehensive Plan;
F. 
Ensure that the City's development regulations remain in compliance with the provisions of Chapter 36.70B RCW.
These procedures provide for an integrated and consolidated land use permit process. The procedures integrate the environmental review process with land use procedures, decisions, and consolidated appeal processes.
(Ord. 2811 § 2 (Exh. 1), 2022)
The provisions of this chapter supersede all other procedural requirements that may exist in other sections of the City Code.
When interpreting and applying the standards of this Code, its provisions shall be the minimum requirements.
(Ord. 2811 § 2 (Exh. 1), 2022)
"Applicant"
means person(s) seeking development approval from the City.
"Binding site plan"
means a type of property division as set forth in Chapter 17.05 MTMC.
"Boundary line adjustment"
means the adjustment of a boundary line between existing lots which results in no more lots than existed before the adjustment.
"Building"
means a structure having a roof for the shelter of persons or property.
"City"
means the City of Mountlake Terrace.
"City Council"
means the City Council of the City of Mountlake Terrace.
"Closed record appeal"
means an appeal to the appropriate authority, based on the existing record.
"Comprehensive Plan"
means the adopted Mountlake Terrace Comprehensive Plan as amended and updated in conformance with the Growth Management Act.
"Comprehensive Plan amendment"
means an amendment or change to the text or maps of the Comprehensive Plan.
"Conditional use permit"
means a permit as defined in the Zoning Code that allows specific uses following a review to ensure that such use is appropriately designed and located to be compatible with adjacent uses.
"Consolidated project permit application"
combines all the development approvals and environmental review for concurrent review and approval.
"Critical areas"
means areas of environmental sensitivity, which include the following areas and ecosystems:
A. 
Wetlands;
B. 
Areas with a critical recharging effect on aquifers used for potable water;
C. 
Fish and wildlife habitat conservation areas;
D. 
Frequently flooded areas; and
E. 
Geologically hazardous areas.
"Date of decision, effective date"
means the date on which final action occurs and from which the appeal period is calculated. Specific ordinances may define effective dates of orders. If the effective date of a decision is in question, the pertinent ordinance shall prevail.
"Director"
means the Director of Community and Economic Development or his/her designee.
"Docket"
means a list of items to be considered for Comprehensive Plan and Map and Zoning Ordinance and Map updates.
"Effective date"
means the date a final decision becomes effective.
"Essential public facilities"
means essential public facilities, as defined in RCW 36.70A.200, as now or hereinafter may be amended. Such facilities may be owned or operated by a unit of local, state, or federal government, by a public utility or transportation company, or by any other entity providing a public service as its primary mission; provided, that the facility is either a necessary facility or a component of a necessary system to meet a public need.
"Final decision"
means the final action by the City on a permit application.
"Hearing Examiner"
means the individual(s) appointed pursuant to MTMC § 2.120.030 and empowered to conduct open record hearings or review appeals from orders, recommendations, permits, decisions or determinations made by a City official, applications for variances, and applications for conditional use permits or any other class of applications for or pertaining to development of land or land use.
"Intensity of land use"
includes but is not limited to the following: lot coverage by structures or impervious area, trip generation, and need for performance standards to control noise, glare, traffic, air, and water quality.
"Lot consolidation"
means the process by which two or more lots are combined into one or more lots. Lot lines are eliminated but none are relocated or moved.
"Open record public hearing"
means a hearing, conducted by a single hearing body or officer authorized by the local government to conduct such hearings, that creates the local government's record through testimony and submission of evidence and information.
"Party of record"
means any person who has testified at a hearing or has submitted a written statement related to a development action and who provides the City with a complete address. Persons or entities who signed "form letters" and/or petitions do not become a party of record.
"Person"
means any person, firm, business, corporation, partnership of other associations or organizations, marital community, municipal corporation or governmental agency.
"Planned action"
means a significant development proposal as defined in RCW 43.21C.031 as amended.
"Planning Commission"
means the body appointed pursuant to Chapter 2.55 MTMC.
"Planning Division"
means the Planning Division of the Community Development Department.
"Plat"
means a map or representation showing thereon the division of a tract or parcel of land into lots, blocks, streets and alleys or other divisions and dedications.
"Plat, final"
is the final drawing of the subdivision and dedication prepared for filing of record with the County Auditor, and containing all elements and requirements set forth in Chapter 58.17 RCW and MTMC Title 17.
"Plat, preliminary"
is a neat and approximate drawing of a proposed subdivision showing the general layout of streets, private streets, alleys, lots, blocks and other elements of a subdivision consistent with the requirements of MTMC Title 17. The preliminary plat shall be the basis for the approval or disapproval of the general layout of a subdivision of five or more lots.
"Plat, short"
is the map or representation of a short subdivision.
"Project"
means a proposal for development or redevelopment with buildings, structures, or other site improvements.
"Public hearing"
means an open record hearing at which evidence is presented and testimony is taken.
"Rezone"
means a change in classification from one zoning district to another.
"Secure facilities use permit"
means a land use permit for a secure community transition facility, pursuant to Chapter 18.20 MTMC.
"Special use permit – wireless"
means a process similar to conditional use permit providing for administrative and Hearing Examiner review for selected wireless communication facilities.
"Structure"
means a combination of materials constructed and erected permanently in or on the ground or attached to something having a permanent location on the ground, not including utility poles and related ground- or pad-mounted equipment, residential fences less than six feet high, retaining walls, rockeries and other similar improvements of a minor character less than three feet high.
"Subdivision"
means the division or redivision of land into five or more lots, tracts, parcels, sites or divisions for the purpose of sale or lease, or transfer of ownership, except as provided in MTMC § 17.01.030(D), and includes all resubdivision of land.
"Use"
of property means the purpose or activity for which the land, or building thereon, is occupied, maintained, designed, arranged or intended.
"Variance"
means an adjustment in the application of the specific provisions of an ordinance applied to a particular piece of property. A variance may apply to a particular piece of property which, because of its unique physical character, is deprived of privileges commonly enjoyed by other properties in similar circumstances.
(Ord. 2811 § 2 (Exh. 1), 2022)
There are four types of actions (or permits) that are reviewed under the provisions of this chapter. The types of actions are based on who makes the decision, the amount of discretion exercised by the decision-making body, the level of impact associated with the decision, the amount and type of public input sought, and the type of appeal opportunity.
(Ord. 2811 § 2 (Exh. 1), 2022)