Chapter 17.100
CONDITIONAL USE
Sections:
17.100.020 Administration and approval process.
17.100.030 Expiration of approval – Standards for extension of time.
17.100.035 Phased development or existing development.
17.100.040 Approval standards and conditions.
17.100.050 Major modification to approved plans or existing development.
17.100.060 Minor modification to approved plans or existing development.
17.100.070 Application submission requirements.
17.100.110 Architectural drawings.
17.100.140 Additional information required and waiver of requirements.
17.100.150 Additional requirements for conditional use types.
17.100.010 Purpose.
The purpose of this chapter is to provide standards and procedures under which conditional use may be permitted, enlarged or altered if the site is appropriate and if other conditions can be met. (Ord. 2875 § 1.140.010, 2003)
17.100.020 Administration and approval process.
(1) The applicant of a conditional use proposal shall be the recorded owner of the property or an agent authorized in writing by the owner.
(2) A preapplication conference with city staff is required. (See SHMC 17.24.040.)
(3) Due to possible changes in state statutes, or regional or local policy, information given by staff to the applicant during the preapplication conference is valid for no more than six months:
(a) Another preapplication conference is required if any development application for this site is submitted six months or later after the preapplication conference; and
(b) Failure of the director to provide any of the information required by this section shall not constitute a waiver of the standards, criteria or requirements of the applications.
(4) The director shall mail notice of any conditional use proposal to the persons who are entitled to notice in accordance with SHMC 17.24.130.
(5) Action on the application shall be in accordance with SHMC 17.24.090(3). (Ord. 2875 § 1.140.020, 2003)
17.100.030 Expiration of approval – Standards for extension of time.
(1) Approval of a conditional use by the planning commission shall be void if:
(a) Substantial construction of the approved plan has not begun within a one-and-one-half-year period; or
(b) Construction on the site is a departure from the approved plan.
(c) If project is not completed (certificate of occupancy/compliance) within three years, then reapplication is required.
(2) The director shall, upon written request by the applicant and payment of the required fee, grant an extension of the approval period not to exceed one year; provided, that:
(a) No changes are made on the original conditional use plan as approved by the planning commission;
(b) The applicant can show intent of initiating construction on the site within the one-year extension period; and
(c) There have been no changes to the applicable comprehensive plan policies and ordinance provisions on which the approval was based.
(3) Notice of the decision shall be provided to the applicant. The director’s decision may be appealed by the applicant as provided by SHMC 17.24.310. (Ord. 2875 § 1.140.030, 2003)
17.100.035 Phased development or existing development.
(1) The planning commission shall approve a time schedule for developing a site in phases over a period of time of one year, but in no case shall the total time period for all phases be greater than three years without reapplying for conditional use review.
(2) The criteria for approving a phased conditional use review proposal is that all of the following are satisfied:
(a) The public facilities shall be constructed in conjunction with or prior to each phase;
(b) The development and occupancy of any phase shall not be dependent on the use of temporary public facilities:
(i) A “temporary public facility” is any facility not constructed to the applicable city or district standard;
(c) The phased development shall not result in requiring the city or other property owners to construct public facilities that were required by approved development proposal; and
(d) The planning commission’s decision may be appealed as provided by SHMC 17.24.310(2). No notice need be given of the planning commission’s decision. (Ord. 2875 § 1.140.035, 2003)
17.100.040 Approval standards and conditions.
(1) The planning commission shall approve, approve with conditions, or deny an application for a conditional use or to enlarge or alter a conditional use based on findings of fact with respect to each of the following criteria:
(a) The site size and dimensions provide adequate area for the needs of the proposed use;
(b) The characteristics of the site are suitable for the proposed use considering size, shape, location, topography, and natural features;
(c) All required public facilities have adequate capacity to serve the proposal;
(d) The applicable requirements of the zoning district are met except as modified by this chapter;
(e) The supplementary requirements set forth in Chapter 17.88 SHMC, Signs; and Chapter 17.96 SHMC, Site Development Review, if applicable, are met; and
(f) The use will comply with the applicable policies of the comprehensive plan.
(2) An enlargement or alteration of an existing conditional use shall be subject to the development review provisions set forth in Chapter 17.96 SHMC.
(3) The planning commission may impose conditions on its approval of a conditional use, which it finds are necessary to ensure the use is compatible with other use in the vicinity. These conditions may include, but are not limited to, the following:
(a) Limiting the hours, days, place, and manner of operation;
(b) Requiring design features which minimize environmental impacts such as noise, vibration, air pollution, glare, odor, and dust;
(c) Requiring additional setback areas, lot area, or lot depth or width;
(d) Limiting the building height, size or lot coverage, or location on the site;
(e) Designating the size, number, location, and design of vehicle access points;
(f) Requiring street right-of-way to be dedicated and the street to be improved;
(g) Requiring landscaping, screening, drainage and surfacing of parking and loading areas;
(h) Limiting the number, size, location, height, and lighting of signs;
(i) Limiting or setting standards for the location and intensity of outdoor lighting;
(j) Requiring berming, screening or landscaping and the establishment of standards for their installation and maintenance;
(k) Requiring and designating the size, height, location, and materials for fences; and
(l) Requiring the protection and preservation of existing trees, soils, vegetation, watercourses, habitat areas, and drainage areas. (Ord. 2875 § 1.140.040, 2003)
17.100.050 Major modification to approved plans or existing development.
(1) An applicant may request approval of modification to an approved plan by:
(a) Providing the director with five copies of the proposed modified conditional use plan; and
(b) A narrative addressing the proposed changes as listed in subsection (2) of this section.
(2) The director shall determine that a major modification(s) will result if one or more of the changes listed below have been proposed:
(a) A change in land use;
(b) An increase in dwelling unit density;
(c) A 10 percent change in the ratio of the different types of dwelling units to the number of units;
(d) A change in the type of commercial or industrial structures;
(e) A change in the type and location of accessways and parking areas where off-site traffic would be affected;
(f) An increase in the floor area proposed for nonresidential use by more than 10 percent where previously specified;
(g) A reduction of more than 10 percent of the area reserved for common open space and/or usable open space;
(h) A reduction of specified setback requirements by more than 20 percent;
(i) An elimination of project amenities by more than 10 percent where previously specified provided such as:
(i) Recreational facilities;
(ii) Screening; or
(iii) Landscaping provisions; and
(j) A 10 percent increase in the approved density.
(3) Upon the director determining that the proposed modification to the conditional use plan is a major modification, the applicant shall submit a new application in accordance with SHMC 17.100.070 for conditional use approval.
(4) Notice of the decision shall be provided to the applicant. The director’s decision may be appealed by the applicant as provided by SHMC 17.24.310(1). (Ord. 2875 § 1.140.050, 2003)
17.100.060 Minor modification to approved plans or existing development.
(1) Any modification which is not within the description of a major modification as provided in SHMC 17.100.050 shall be considered a minor modification.
(2) An applicant may request approval of a minor modification:
(a) Providing the director with three copies of the proposed modified conditional use plan; and
(b) A narrative which indicates the rationale for the proposed modification addressing the changes listed in SHMC 17.100.050(2).
(3) A minor modification shall be approved, approved with conditions or denied following the director’s review based on the findings that:
(a) No code provisions will be violated; and
(b) The modification is not a major modification.
(4) Notice of the director’s decision shall be given as provided by SHMC 17.24.120. The decision may be appealed as provided by SHMC 17.24.310(1). (Ord. 2875 § 1.140.060, 2003)
17.100.070 Application submission requirements.
(1) All applications shall be made on forms provided by the director and shall be accompanied by:
(a) Copies (number to be determined at the preapplication conference) of the site development plan(s) and necessary data or narrative which explains how the development conforms to the standards:
(i) Conditional use site plan(s) shall be drawn on sheets preferably not exceeding 18 inches by 24 inches;
(ii) The scale for a site plan shall be an engineering scale; and
(iii) All drawings of structure elevations shall be a standard architectural scale, being one-fourth-inch or one-eighth-inch; and
(b) The required fee.
(2) The required information may be combined and does not have to be placed on separate maps.
(3) The conditional use plan, data, and narrative shall include the following:
(a) Existing site conditions, SHMC 17.100.080;
(b) A site plan, SHMC 17.100.090;
(c) A grading plan, SHMC 17.100.100;
(d) A landscape plan, SHMC 17.100.120;
(e) Architectural elevations of all structures, SHMC 17.100.110;
(f) A sign plan, SHMC 17.100.130; and
(g) A copy of all existing and proposed restrictions or covenants. (Ord. 2875 § 1.140.070, 2003)
17.100.080 Site conditions.
The site analysis drawings shall include:
(1) A vicinity map showing streets and access points, pedestrian and bicycle pathways, transit stops, and utility locations;
(2) The site size and its dimensions;
(3) Contour lines at two-foot intervals for grades zero to 10 percent and less and five-foot intervals for grades over 10 percent;
(4) The general location of drainage patterns;
(5) The general location of natural hazard areas including:
(a) Floodplain areas (100-year floodplain and flooding);
(b) Slopes in excess of 25 percent;
(c) Unstable ground (areas subject to slumping, earth slides or movement);
(d) Areas having a high seasonal water table within zero to 24 inches of the surface for three or more weeks of the year;
(e) Areas having a severe soil erosion potential; and
(f) Areas having severe weak foundation soils;
(6) The general location of natural resource areas as shown on the comprehensive plan map inventory data;
(7) The general location of site features including:
(a) Rock outcroppings; and
(b) Trees with six-inch caliper or greater measuring four feet from ground level;
(8) The location of existing structures on the site and proposed use of those structures; and
(9) The location and type of noise sources on the site or on adjoining property such as traffic ways, mechanical equipment, or noise-producing land uses. (Ord. 2875 § 1.140.080, 2003)
17.100.090 The site plan.
The proposed conditional use plan shall be at the same scale as the site conditions and shall include the following information:
(1) The proposed site and surrounding properties;
(2) Contour intervals (see SHMC 17.100.080(3));
(3) The location, dimensions and names of all:
(a) Existing streets; and
(b) Proposed streets;
(4) The location and dimensions of:
(a) Entrances and exits on the site;
(b) Parking and circulation areas;
(c) Loading and services areas, if applicable;
(d) Pedestrian and bicycle circulation, if applicable;
(e) Outdoor common areas, if applicable; and
(f) Above ground utilities;
(5) The location, dimensions, and setback distances of all:
(a) Existing structures, improvements, and utilities which are:
(i) Located within 25 feet of the site and are on adjoining property; and
(ii) To remain on site;
(b) Proposed structures, improvements, and utilities on the site;
(6) The location of areas to be landscaped;
(7) The location of proposed utility lines;
(8) The location of mailboxes;
(9) The location of all structures and their orientation; and
(10) The location and type of outdoor lighting considering crime prevention techniques. (Ord. 2875 § 1.140.090, 2003)
17.100.100 Grading plan.
The site development plan shall include a grading plan at the same scale as the site analysis drawings and shall contain the following information:
(1) Requirements in SHMC 17.100.080 and 17.100.090;
(2) The location and extent to which grading will take place, indicating general contour lines, slope ratios, and slope stabilization proposals; and
(3) A statement from a registered engineer supported by factual data substantiating:
(a) The validity of the slope stabilization proposals; and
(b) That all problems will be mitigated and how they will be mitigated. (Ord. 2875 § 1.140.100, 2003)
17.100.110 Architectural drawings.
The conditional use plan proposal shall include:
(1) The square footage of all structures proposed for use on site; and
(2) Preliminary elevation drawings of each structure. (Ord. 2875 § 1.140.110, 2003)
17.100.120 Landscape plan.
(1) The conditional use plan proposal shall include:
(a) The general location of fences, buffers, and screenings;
(b) The general location of play areas and common open spaces;
(c) The general location of existing and proposed plant materials; and
(d) Location of underground sprinkler heads where applicable.
(2) The landscape plan shall include a narrative which addresses:
(a) Soil conditions; and
(b) Erosion control measures that will be used. (Ord. 2875 § 1.140.120, 2003)
17.100.130 Sign drawings.
Drawings indicating sign location shall be submitted in accordance with Chapter 17.88 SHMC. (Ord. 2875 § 1.140.130, 2003)
17.100.140 Additional information required and waiver of requirements.
(1) The director may require information in addition to that required by this chapter in accordance with SHMC 17.24.080(1).
(2) The director may waive a specific requirement for information in accordance with SHMC 17.24.080(2). (Ord. 2875 § 1.140.140, 2003)
17.100.150 Additional requirements for conditional use types.
(1) A conditional use proposal shall comply with the standards of the zoning district in which it is located and the applicable provisions of this code, or as otherwise provided in standards that follow.
(2) A conditional use permit shall not grant variances to the regulations otherwise prescribed by this code. A variance application may be filed in conjunction with the conditional use application and both applications may be heard at the same hearing.
(3) The additional dimensional requirements and approval standards for conditional use are as follows:
(a) Adult Entertainment. An establishment used primarily for the presentation of motion pictures, live persons, or videotapes having as a dominant theme material distinguished or characterized by an emphasis on matter depicting specified sexual activities or specified anatomical areas.
(i) No adult entertainment establishment shall be permitted to locate within 1,000 feet of any:
(A) Residential district;
(B) Public or private nursery, preschool, elementary, junior, middle, or high school;
(C) Day care center, nursery school, convalescent home, home for the aged, resident care facility, or hospital;
(D) Public library;
(E) Public park; or
(F) Religious institution;
(ii) Distance shall be measured in a straight line, without regard to intervening structures, objects or roads, from the closest point of the structure or portion of structure containing the use, to the closest portion of the residential district or property line upon which a use specified in subsection (3)(a)(i) of this section is listed and currently exists;
(iii) Any sign shall comply with the sign requirements, Chapter 17.88 SHMC;
(iv) Hours of operation shall be limited to 10:00 a.m. to 1:00 a.m.;
(v) All windows less than seven feet from the ground shall be covered or screened in such a manner that the sales area and inventory are not visible from the sidewalk adjacent to the use;
(vi) Doors and windows shall at all times be closed except for normal ingress and egress; except for emergency exits, the doors shall be doubled, chambered or air lock concept;
(vii) No amplified or mechanically reproduced sounds shall emanate from the confines of the structure or portion of the structure in which the adult business is operated; and
(viii) All adult entertainment establishments shall comply with all applicable state laws;
(b) Automobile and Equipment: Sales/Rental (Farms, Heavy and Light Equipment).
(i) Setbacks. A minimum of five feet of the perimeter setback shall be used for landscaping and screening purposes (see Chapter 17.72 SHMC);
(c) Automotive and Equipment: Body Repairs, Light Equipment.
(i) Setbacks.
(A) A minimum of five feet of the perimeter setback shall surround all outdoor parking and storage areas (see Chapter 17.72 SHMC);
(B) Buffer screening shall be provided along the perimeter of all outdoor parking and storage areas as required in SHMC 17.72.080; and
(C) All repair work shall be performed indoors;
(d) Bed and Breakfast, Homestay, Boarding House. Extra parking per Chapter 17.80 SHMC;
(e) Caretaker Residence.
(i) Must have at least 20 feet of yard around the residence;
(ii) The residence can only be occupied by the caretaker and the caretaker’s family;
(iii) The caretaker must be an employee and/or under a contract to perform “caretaker” duties (e.g., security);
(iv) The yard must be at least 50 percent landscaped;
(v) The maximum height of the caretaker residence shall be 35 feet; and
(vi) Only one dwelling unit is allowed. More than one dwelling unit is prohibited;
(f) Community Recreation and Parks.
(i) Setbacks. All building setbacks shall be a minimum of 30 feet from any property line;
(ii) Off-street parking requirements, as necessary (see Chapter 17.80 SHMC);
(g) Drive-Up Service (See SHMC 17.80.060 for Additional Requirements).
(i) Minimum Setbacks. Where access to the drive-up service is not separated from abutting properties or public right-of-way by parking, structures, or landscaping, visual screening shall be provided to screen headlights from abutting property and right-of-way;
(ii) Drive-In Service Reservoir Requirement. All uses providing drive-in service as defined by this code shall provide on the same site a reservoir for inbound vehicles as follows:
|
Use |
Reservoir Requirement |
|---|---|
|
Drive-in banks |
5 spaces/service terminal |
|
Drive-in restaurants |
10 spaces/service window |
|
Drive-in theaters |
10% of the theater capacity |
|
Gasoline service |
3 spaces/pump station |
|
Mechanical car washes |
3 spaces/washing unit |
(iii) Reservoir Parking. Restaurants providing drive-up window service shall provide at least two designated parking spaces immediately beyond the service window, or provide other satisfactory methods, to allow customers requiring excessive waiting time to receive their food while parked;
(iv) Hours of Operation. Hours of operation shall be limited for the drive-in window when the property with the drive-in window facility abuts a residential use. In this case, hours of the drive-in window shall be limited to 6:00 a.m. to 10:00 p.m.;
(v) Walk-Up Service. Financial and other commercial establishments providing drive-up window facilities which do not provide for walk-in customer service (i.e., not allowing transactions within the structure) shall provide for safe, convenient, and readily accessible exterior walk-up window service, such as an automatic teller machine, at any time during regular business hours. Additionally, at a minimum, two parking spaces shall be provided allowing convenient access to the walk-up service window;
(vi) Emergency Exit. The design of the vehicle stacking area serving the drive-up window shall allow customers to leave the stacking line in their vehicle in the event of an emergency;
(vii) Pedestrian Access. On-site parking for walk-in customers shall be designed so that pedestrians do not have to cross drive-up window stacking lines to any public entrances into the building;
(viii) Obstruction of Rights-of-Way. Establishments having drive-up window facilities shall have sufficient stacking area to ensure that public rights-of-way are not obstructed; and
(ix) Sound Systems. Communications sound systems shall not exceed a measurement of 50 decibels at the adjoining property line(s) at any time;
(h) Hospitals, Nursing Homes, Etc. The yard must be at least 25 percent landscaped;
(i) Industrial Park.
(i) The minimum lot size is 40,000 square feet;
(ii) Minimum of provisions for three or more businesses; and
(iii) At least 30 percent of the businesses must be in the list of light industrial permitted uses;
(j) Neighborhood Store/Plaza.
(i) The maximum gross floor area is 2,500 square feet;
(ii) The types of uses are limited to food sales, coffee or deli shops, and personal services (barber/beauty shop);
(iii) The exterior must be generally the same as immediate neighbors;
(iv) No buffer or extra setback is required but screening and landscaping are required per Chapter 17.72 SHMC. The minimum landscaping shall be 25 percent of the lot area;
(v) On-site parking is required;
(vi) Signs are limited to those allowed in residential zones; and
(vii) The location must abut a minor arterial;
(k) Religious Assembly.
(i) Setbacks.
(A) The front yard setback shall be a minimum of 20 feet;
(B) On corner lots and through lots, the setback shall be a minimum of 20 feet, plus meet visual clearance areas, Chapter 17.76 SHMC;
(C) The side yard setback shall be a minimum of 20 feet; and
(D) The rear yard setback shall be a minimum of 20 feet;
(l) Schools.
(i) Lot Size. There shall be no minimum lot size requirements for schools other than what is required for the applicable zoning district;
(ii) Setbacks.
(A) The front yard setback shall be a minimum of 30 feet;
(B) On corner lots and through lots, the setback shall be a minimum of 20 feet on any side facing a street, plus meet visual clearance areas, Chapter 17.76 SHMC;
(C) The side yard setback shall be a minimum of 20 feet; and
(D) The rear yard setback shall be a minimum of 30 feet;
(m) Travel Trailer Parks. In addition to the standards of the zone in which they are located and other references in this code, travel trailer parks shall comply to the standards of this subsection. If there is a conflict between the two standards, the standards of this subsection shall govern.
(i) Trailer parks shall be located on well-drained sites, and shall be so located that their drainage shall not endanger any life or property. All such trailer parks should be located in areas free from marshes, swamps, or other potential breeding places for insects or rodents;
(ii) The area of the trailer park shall be large enough to handle: the designated number of trailer spaces, necessary streets and drives, off-street parking, service areas, recreation areas, and setbacks;
(iii) Each trailer space shall contain a minimum of 1,200 square feet, except that at the option of the owner, the minimum size may be 1,000 square feet if an area of 100 square feet for each trailer space is provided for recreation. Each trailer space shall be a minimum of 25 feet in width, and shall abut on a drive with unobstructed access to a street. Such spaces shall be clearly defined. Trailers shall be located in such spaces with a minimum of 15 feet between trailers, or between a trailer and any building;
(iv) No trailer shall be located less than five feet from a side or rear property line;
(v) No trailer shall be located less than 25 feet from any street or highway, or so that any part of such trailer will obstruct any drive or walkway;
(vi) No trailer shall remain in a trailer park unless a trailer space is available;
(vii) Access drives shall be provided to each trailer space, shall be continuous, shall connect with a street, and shall have a minimum width of 20 feet, with a minimum total width of 36 feet for exterior connections;
(viii) Improved walkways, not less than two feet in width, shall be provided from each trailer space to service buildings;
(ix) Access drives within the park shall be paved according to the city’s developmental standards;
(x) Off-street parking shall be provided with a minimum of one and one-half parking spaces for each trailer space. Minimum width access drives shall not be considered in fulfilling this requirement;
(xi) Recreation areas which may be provided according to subsection (3)(m)(iii) of this section shall be suitably equipped, maintained and restricted to such uses. Such areas shall be protected from streets, drives and parking areas. The minimum size of each such recreation area shall be 2,500 square feet;
(xii) No permanent additions of any kind shall be built onto, nor become part of, any trailer. Skirting of trailers is permissible, but such skirting shall not attach the trailer to the ground;
(xiii) Permanent structures located within any trailer space shall be used for storage purposes only, shall have a maximum area of 25 square feet, shall be located not less than six feet from any trailer, and shall be subject to all applicable city building codes;
(xiv) Wheels of trailers shall not be removed, except temporarily when in need of repairs; the wheels or jacking system must be attached to the site only by quick disconnect type utilities and security devices; and
(xv) A sight-obscuring fence of not less than eight feet in height shall be provided along any lot line which abuts or faces a more restricted residential district;
(n) All freestanding and detached towers, antennas, wind-generating devices and TV receiving dishes in residential zones shall have setbacks equal to or greater than the height of the proposed structure. Suitable protective anti-climb fencing and a landscape planting screen, in accordance with Chapter 17.72 SHMC, Landscaping and Screening, shall be provided and maintained around these structures and accessory attachments; and
(o) Vehicle Fuel Sales.
(i) Lot size: minimum of 10,000 square feet;
(ii) Setbacks.
(A) The front yard setback shall be 20 feet;
(B) On corner and through lots, the setback shall be 20 feet on any side facing a street; and
(C) No side or rear yard setback shall be required, except 40 feet, to include buffer and screening, where abutting a residential zoning district;
(iii) Fuel tank installation shall be in accordance with applicable sections of this code; and
(iv) Building height: same as applicable zone.
(p) Marijuana Retailer and/or Medical Marijuana Dispensary.
(i) No marijuana retailer and/or medical marijuana dispensary shall be permitted to locate within 1,000 feet of any public or private: child care facility; preschool; elementary school; or junior, middle, or high school that lawfully exists at the time the conditional use permit application is deemed complete.
(A) Distance shall be measured in a straight line, without regard to intervening structures, objects or roads, from the closest point of the structure or portion of structure containing the proposed marijuana retailer and/or medical marijuana dispensary to the closest property line of the property upon which the other uses specified in subsection (3)(p)(i) of this section is listed.
(ii) No marijuana retailer and/or medical marijuana dispensary shall be permitted to locate within 2,000 feet of any other marijuana retailer and/or medical marijuana dispensary that lawfully exists at the time the conditional use permit application is deemed complete.
(A) Distance shall be measured in a straight line, without regard to intervening structures, objects or roads, from the closest point of the structure or portion of structure containing the proposed marijuana retailer and/or medical marijuana dispensary to the closest point of the structure or portion of structure containing the existing marijuana retailer and/or medical marijuana dispensary.
(B) If multiple conditional use permit applications are submitted for locations within the distance specified in subsection (3)(p)(ii) of this section but are not yet legally established, the valid conditional use permit submitted first shall take precedence for the purpose of this subsection.
(iii) No marijuana retailer and/or medical marijuana dispensary shall be allowed as a temporary use and shall be located in a permanent building.
(iv) Any marijuana retailer and/or medical marijuana dispensary shall have refuse containers or refuse collection areas that are secure from entry outside the facility.
(v) Any marijuana retailer and/or medical marijuana dispensary shall comply with all applicable state and local laws. (Ord. 3264 § 2 (Att. A), 2021; Ord. 3190 § 2 (Att. A), 2015; Ord. 2875 § 1.140.150, 2003)