Chapter 17.86
SPECIAL PERMITS
Sections:
17.86.060 Application requirements.
17.86.070 Public hearing required.
17.86.080 Findings of fact by the hearing examiner.
17.86.090 Decision of hearing examiner.
17.86.100 Appeal – Filing requirements.
17.86.140 Revocation of permit.
17.86.010 General provisions.
Unclassified uses enumerated in GMC 17.86.020, and any other uses not specifically referred to in this title, shall be subject to the regulations contained in this chapter, in addition to all applicable requirements of this title. All such uses, due to their nature, are deemed to require special review to consider, on a case-by-case basis, their consistency with the intent of, and permitted uses allowed within, the particular zone. Conditional uses and other uses specifically referred to in this title may be permitted only within their respective districts, subject to the provisions of this chapter. Unclassified uses enumerated in GMC 17.86.020 may be permitted within any district where not otherwise prohibited. (Ord. 2011-29 § 5 (Att. B)).
17.86.020 Unclassified uses.
The following uses shall be considered unclassified:
A. Cemeteries, crematories, mausoleums, and other places of burial or interment of remains;
B. Airports, heliports, or any other landing or maneuvering space for aircraft, together with terminals and other customary facilities accessory to the unclassified use;
C. Golf courses, pitch and putt courses and similar facilities for public, private or membership use;
D. Monasteries, convents or other functionally similar facilities;
E. Off-site parking lots, except those required for a residential use, provided such parking area is not more than 500 feet from the building;
F. Electrical substations and load transfer stations, natural gas booster stations, and other similar utility facilities;
G. Park and ride lots, off-street transfer stations or other similar facility involving the storage, start-up, idling and movement of public or private operated carrier, charter or transit buses, vans, and similar vehicles; and
H. Agricultural use (commercial) except in areas greater than 1,000 feet from a residential zoning district, subdivision or dwelling unit. (Ord. 2011-29 § 5 (Att. B)).
17.86.030 Historic places.
A special permit for the preservation by adaptive re-use of an historic place, accepted on the National Register of Historic Places, may be requested for uses not otherwise permitted within the applicable district:
A. A special permit granted under this section is personal to the applicant and shall permit only the applicant to exercise the adaptive re-use authority, and shall not be assigned, transferred, conveyed or passed to heirs or beneficiaries of the applicant’s estate; and
B. Each applicant granted a special permit shall be required to substantially preserve the intrinsic qualities of the historic place which led to its acceptance on the National Register of Historic Places. Prior to issuance of any building permits the city may consult with the Washington State Office of Archaeology and Historic Preservation to ensure compliance with this requirement. (Ord. 2011-29 § 5 (Att. B)).
17.86.040 Temporary uses.
A temporary special permit for any use not otherwise permitted within the applicable district may be approved by the public works director; provided, that such use is clearly of a temporary nature and does not involve the erection of a permanent structure. Requests for temporary special permits shall be applied for and processed in the same manner as herein established for uses requiring a special permit, including such conditions as will safeguard the public health, safety and general welfare for the duration of the permit. This section shall not apply to temporary structures permitted under GMC 17.70.170. (Ord. 2011-29 § 5 (Att. B)).
17.86.050 Agricultural uses.
Commercial agricultural uses listed as conditional or unclassified uses in this title shall conform to the following prior to the issuance of a special permit:
A. Special permits for agricultural uses (commercial) may be granted for tracts of land over 10 acres in size within 1,000 feet of a residential zoning district, subdivision or a dwelling unit excluding dwellings associated with agriculture uses.
B. The applicant for a special permit shall be required to submit a conservation plan approved by the Farm Service Agency. (Ord. 2011-29 § 5 (Att. B)).
17.86.060 Application requirements.
In addition to all applicable application requirements contained in GMC Title 14, applications for special permit or conditional use permit shall include the following:
A. Present use of the land and structures, if any;
B. Detailed description of the proposed use;
C. Description of any existing zoning ordinance violation;
D. A site map or plan drawn neatly and to scale, showing the following:
1. Exterior property lines and any adjacent public street or alley rights-of-way.
2. Existing and proposed buildings and other structures.
3. Existing and proposed points of ingress and egress, drives and driveways and circulation pattern.
4. The location of existing and proposed parking areas with each parking space shown.
5. Existing and proposed open spaces and landscape areas;
E. Certificate of ownership and a list of owners, with addresses, of all property within 300 feet of the applicant’s property, as provided and certified by a licensed title company; and
F. Any other pertinent information that may be necessary to determine if the use meets the requirements of this title. (Ord. 2011-29 § 5 (Att. B)).
17.86.070 Public hearing required.
Upon the filing of a complete application for a special permit or conditional use permit, the application shall be scheduled for an open record hearing before the hearing examiner in accordance with Chapter 2.50 GMC. Notice of such open record hearing shall be given as provided for in GMC Title 14. (Ord. 2011-29 § 5 (Att. B)).
17.86.080 Findings of fact by the hearing examiner.
Upon conclusion of the open record predecision hearing, the hearing examiner shall make and enter findings from the record and conclusions thereof as to whether or not:
A. The proposal is in accordance with the goals, policies, objectives, maps and/or narrative text of the comprehensive plan;
B. The proposal will adversely affect public infrastructure;
C. The proposal will be constructed, maintained and operated to be in harmony with the existing or intended character of the general vicinity;
D. The location and height of proposed structures and the site design will discourage the development of permitted uses on property in the general vicinity or impair the value thereof;
E. The operations in connection with the proposal will be more objectionable to nearby properties by reason of noise, fumes, vibrations, dust, traffic, or flashing lights than would be the operation of any permitted uses within the district; and
F. The proposal will endanger the public health or safety if located and developed where proposed, or in any way will become a nuisance to uses permitted in the district. (Ord. 2011-29 § 5 (Att. B)).
17.86.090 Decision of hearing examiner.
After an open record public hearing on a proposed temporary, conditional or unclassified use, the hearing examiner shall render a final decision on the application in accordance with Chapter 2.50 GMC as to whether the proposal is denied, approved, or approved with modifications and/or conditions. (Ord. 2011-29 § 5 (Att. B)).
17.86.100 Appeal – Filing requirements.
A. Any decision of the hearing examiner regarding a special permit or conditional use permit application may be appealed in accordance with Chapter 2.50 GMC.
B. Appeals shall include payment of an appeal fee to the city in the amount of $300.00 at the time of filing said appeal. (Ord. 2011-29 § 5 (Att. B)).
17.86.110 Effective date.
Special permits or conditional use permits shall become effective on the day after the date of the decision by the hearing examiner. (Ord. 2011-29 § 5 (Att. B)).
17.86.120 Expiration.
Unless otherwise specified within the special permit or conditional use permit, the applicant shall commence the special use authorized or obtain a building permit for construction of authorized facilities within six months after the effective date of the special permit or conditional use permit, or the special permit or conditional use permit shall expire. In the case of temporary special permits or conditional use permits, unless otherwise specified within the permit, the permit shall expire after six months from its effective date. Within 30 days after the date of expiration, the applicant shall have removed from the premises the temporary use and any improvements of a temporary nature authorized by the permit. (Ord. 2011-29 § 5 (Att. B)).
17.86.130 Extensions.
A one-time extension of a special permit or conditional use permit may be granted provided the extension does not exceed six months and an application for extension is submitted to the public works director no later than 30 days after the expiration date of the special permit or conditional use permit. This provision does not apply to temporary special permits or conditional use permits. (Ord. 2011-29 § 5 (Att. B)).
17.86.140 Revocation of permit.
Any special permit or conditional use permit may be revoked by the hearing examiner if, after a public hearing, notice of which shall be given in accordance with GMC Title 14, it is found that the conditions upon which the special permit or conditional use permit was authorized have not been fulfilled or if the use authorized has changed in size, scope, nature or intensity so as to become a detriment to the surrounding area. The decision of the hearing examiner is final and appeals shall be made in conformity with Chapter 2.50 GMC. (Ord. 2011-29 § 5 (Att. B)).