Nonconforming Code Amendment 

In zoning, a nonconformity is an existing lot, structure, or use that fails to comply with existing standards. Staff have fielded numerous nonconforming questions/situations over the last several years which has identified the need to provide more clarity to both staff and property owners regarding nonconformities within the city. The purpose of this code amendment is to update and streamline the city’s nonconforming regulations which address existing lots, structures, or uses that fail to comply with existing zoning standards. The draft code is essentially a complete re-write and reformatting of Chapter 14.32 with revisions to other associated sections of code (LSMC 14.08 and 14.38.017).

Amendments to School and Traffic Impact Mitigation (Adopted September 14, 2021)

Impacts fees are one-time charges that cities, counties, and special service districts may collect to help fund public facility or capital improvements needed to help mitigate the impacts from development. Impact fees may only be used to fund “system improvements” identified in the city’s (or district’s) capital facilities plan. They must be reasonably related and proportional to the impacts of the proposed development and may not be used to correct existing deficiencies. The Lake Stevens Municipal Code (LSMC) regulates impact fees related to School Impact Mitigation (LSMC 14.100), Traffic Impact Mitigation (LSMC 14.112), and Park Impact Mitigation (LSMC 14.120). City and school district impact fees are identified on pages 4/5 of the city’s fee resolution, which is updated annually. 

City staff identified a number of changes to LSMC 14.100 and 14.112 that are needed to account for recent and future annexations. These include expansion of the city's traffic impact zones and recognition of multiple school districts within city boundaries, and are shown as track changes (underline/strikethrough) in the draft regulations below. Land use code amendments are a Type VI land use application, and require public hearings before both the Planning Commission and City Council. T

he Planning Commission held their public hearing on August 18, 2021 and made a unanimous recommendation for the City Council to approve the amendments. The City Council held their public hearing to consider the Planning Commission's recommendation on September 14, 2021, and unanimously approved the adoption of Ordinance 1123. 

For more information, please contact Planning Manager David Levitan at dlevitan@lakestevenswa.gov or 425-622-9425. 

SEPA Thresholds Update (Adopted May 11, 2021)

The State Environmental Policy Act (SEPA) evaluates potential environmental impacts associated with governmental decisions such as building permits, land use applications, and code amendments. WAC 197-11-800 includes a list of categorical exemptions for minor new construction (projects exempt from SEPA environmental review) and provides a process for cities to adopt higher flexible thresholds if it can demonstrate that adequate local, state and federal regulations are in place to mitigate any potential environmental impacts for newly exempt projects. 

On April 21, 2021, the Planning Commission held a public hearing (video link) on the proposed adoption of SEPA flexible thresholds (LUA2021-0033). The Planning Commission made a unanimous recommendation to City Council, which held their own public hearing on May 11, 2021 (video link); a copy of the staff report and draft ordinance can be found in the May 11, 2021 City Council Agenda. Following public comment and deliberation, the Council adopted Ordinance 1118, with amendments to the single-family and multi-family residential thresholds that had been recommended by the Planning Commission. The updated SEPA thresholds can be found in LSMC 16.04.050.

For more information, please contact David Levitan at dlevitan@lakestevenswa.gov..