Chapter 18.38 CONDITIONAL USES

Chapter 18.38
CONDITIONAL USES

Sections:

18.38.010 Uses subject to conditional use permit in any district.

Reference Chapter 18.05 EMC, Land Use Matrix, for uses that require a conditional use permit issued at a public hearing before the location and operation thereof are permitted. (Ord. 2533 § 2 (Exh. B), 2013; Ord. 2149 § 3, 2002; Ord. 1960 § 3, 1998).

18.38.020 Description and purpose.

A. It is recognized that certain types of uses require special consideration prior to their being permitted in a particular district. The reasons for requiring such special consideration involve, among other things, the size of the area required for the full development of such uses, the nature of the traffic problems incidental to operation of the use, the effect such uses have on any adjoining land uses, and the growth and development of the community as a whole.

B. All uses permitted conditionally are declared to be possessing such unique and special characteristics as to make impractical their being included as outright uses in any of the various districts defined herein. The authority for the location and operation thereof is subject to review and the issuance of a conditional use permit. The purpose of review is to determine that the characteristics of any such use are not unreasonably incompatible with the type of uses permitted in surrounding areas and for the further purpose of stipulating such conditions as may be reasonable so that the basic purposes of this chapter are served. Nothing construed herein shall be deemed to require the planning commission to grant a conditional use permit. (Ord. 1960 § 3, 1998).

18.38.030 Procedure.

EMC Title 15 establishes the procedure for conditional use (Type IV) permits. (Ord. 1960 § 3, 1998).

18.38.040 Permit – Conditions.

A. Purpose. The purpose of the conditional use permit is to allow certain uses in zoning districts that would normally be prohibited, when the requested uses are not inconsistent with the goals, policies and procedures of the comprehensive plan or zoning code and are deemed consistent with the existing and potential uses within the zoning district.

B. Conditions. The Enumclaw planning commission may grant, with or without conditions (including a specified period of time), or deny a requested conditional use permit. The planning commission may limit the term and duration of the conditional use permit. Conditions imposed by the planning commission shall be reasonable and assure that a nuisance or hazard to life or property shall not develop.

C. Criteria. The planning commission must find that the requested conditional use meets all of the following criteria or findings in order to grant a conditional use permit:

1. Comprehensive Plan. The proposed use shall be compatible with the comprehensive plan and all these development regulations (EMC Titles 15 through 19).

2. Community Need. There shall be a community or public need for the proposed use in the proposed location. In determining the community need the planning commission shall consider the following factors (and find they all apply):

a. The proposed location shall not result in the detrimental over-concentration of the particular use within the city, within the particular zoning district or neighborhood;

b. The proposed location is suited for the proposed use.

3. Effect on Adjacent Properties. The proposed use at the proposed location shall not result in substantial or undue adverse economic, aesthetic, or environmental effects on adjacent property.

4. Bulk and Lot Coverage. The bulk and lot coverage of the proposed use shall be compatible with the surrounding property, or shall be conditioned so as to not impose an adverse impact upon the surrounding property.

5. Height. Building and structure heights shall conform to the requirements of the surrounding zoning district. Bell towers, public utility antennas or similar structures may exceed the height requirements for the zoning district upon approval of a variance.

6. Parking. Required parking stalls and vehicle types shall not be incompatible with the normal uses allowed in the zoning district. The number of stalls may be greater if the planning commission finds that the increase is not incompatible with the proposed use or the neighborhood standards. A greater number of stalls may be required to be shielded with greater landscaping.

7. Traffic. Traffic and circulation patterns of vehicles and pedestrians relating to the proposed use shall not be detrimental to the existing and proposed allowable uses in the zoning district. The traffic and circulation patterns shall assure safe movement in the surrounding area.

8. Schools. The proposed use shall not create an adverse impact on the Enumclaw School District or the schools serving the neighborhood. The proposed use may be required to mitigate adverse impacts upon the school district.

9. Noise and Glare. Potential noise, light and glare impacts relating to the proposed use shall not unduly impact nor detract from the surrounding properties in the zoning district. The commission shall find that the potential noise, light and glare shall not deter from the surrounding properties in the zoning district.

10. Hours of Operation. The hours of operation shall not create intrusive impacts into the neighborhood.

11. Landscaping. Landscaping shall be provided in all areas not occupied by buildings or paving. The commission may require exceptional landscaping as a condition.

12. Accessory Uses. Accessory uses required in the underlying zone, such as garages or carports in single-family zones, shall be required with any requested conditional use. Discretionary accessory uses shall be considered separate uses and shall be subject to the provisions of the use district in which they are located.

13. Public Improvements. The proposed use and location shall be adequately served by and not impose an undue burden on any public improvements, facilities, utilities and services. Examples of public improvements include, but shall not be limited to, parks and other recreation facilities, streets, utilities, police services, fire services, and schools. Approval of a conditional use permit may be conditioned upon the provision and/or guarantee by the applicant of necessary public improvements, facilities, utilities and/or services. (Ord. 1960 § 3, 1998).