Chapter 15.48
CONDITIONAL USES
Sections:
15.48.020 Pre-application conference.
15.48.030 Submitting application, related materials and application fee.
15.48.040 Determination of completeness.
15.48.050 Notice of application.
15.48.060 Public hearing notice.
15.48.070 City planner review and recommendation.
15.48.090 Hearing examiner review and decision.
15.48.130 Bed and breakfast establishments.
15.48.140 Siting essential public facilities.
15.48.150 Essential public facilities must be allowed in city.
15.48.010 Purpose.
A. Conditional uses may be appropriate in the district in which they are allowed, but because of their size, creation of traffic hazards, parking problems, or other adverse characteristics may be injurious to the safety, welfare, comfort and convenience of the public unless conditions are imposed. Conditional uses may be appropriate if conditions can be applied to make them fit a particular location.
B. Conditional uses are uses other than allowed uses designated in Chapter 15.44. (Ord. 678 § 4, 2003; Ord. 627 (part), 1999)
15.48.020 Pre-application conference.
A. An applicant may request a pre-application conference with the city planner before submitting a conditional use permit application to discuss requirements and the review process, in accordance with Section 15.08.040.
B. If an applicant requests consolidated permit processing, a pre-application conference is required. (Ord. 627 (part), 1999)
15.48.030 Submitting application, related materials and application fee.
A. Persons requesting a conditional use permit must submit the following to the clerk-treasurer, in accordance with Section 15.08.060.
1. A conditional use permit application form, provided by the city;
2. A site plan showing dimensions of the proposed development and relationship to surrounding roadways and properties;
3. SEPA Environmental Checklist, if applicable; and
4. Application fee (see current fee schedule).
B. The clerk-treasurer will forward items in subsections A1—3 above to the city planner. (Ord. 627 (part), 1999)
15.48.040 Determination of completeness.
The city planner must notify the applicant that the conditional use permit application has been received and that it is complete or incomplete, in accordance with Section 15.08.070. (Ord. 627 (part), 1999)
15.48.050 Notice of application.
The city planner must send out a notice of application in accordance with Section 15.08.090. (Ord. 627 (part), 1999)
15.48.060 Public hearing notice.
Upon notification from the city planner that the application is complete, the clerk-treasurer will provide notice of a hearing examiner public hearing in accordance with Section 15.08.110. (Ord. 889 § 1 (App. B) (part), 2019; Ord. 627 (part), 1999)
15.48.070 City planner review and recommendation.
After a conditional use permit application is complete according to Section 15.08.070, the city planner will prepare a report summarizing his or her findings, conclusions and recommendations regarding the conditional use permit application, then forward the report to the hearing examiner. (Ord. 904 § 1 (part), 2020: Ord. 627 (part), 1999)
15.48.090 Hearing examiner review and decision.
A. After receiving the report from the city planner on the conditional use permit, and after due notice, the hearing examiner will conduct a public hearing on the conditional use permit application, at which it will consider the application, related materials, the city planner’s report, any SEPA determinations, any comments made at the hearing by the applicant(s), adjoining property owners, and other interested parties.
B. Following the public hearing, the hearing examiner may approve, approve with conditions or deny the conditional use permit request.
C. A conditional use permit will be granted by the hearing examiner based upon a statement of findings that all of the following criteria are satisfied:
1. The proposed use in the proposed location will not be detrimental to other uses legally existing or permitted outright in the zoning district.
2. The size of the site is adequate for the proposed use.
3. The traffic generated by the proposed use will not unduly burden the traffic circulation system in the vicinity.
4. The other performance characteristics of the proposed use are compatible with those of other uses in the neighborhood or vicinity.
5. Adequate buffering devices such as fencing, landscaping or topographic characteristics protect adjacent properties from adverse effects of the proposed use, including adverse visual or auditory effects.
6. The other uses in the vicinity of the proposed site are such as to permit the proposed use to function effectively.
7. The proposed use complies with the performance standards, parking requirements and other applicable provisions of this title.
D. Every decision made by the hearing examiner must include findings of fact and conclusions to support the decision.
E. The hearing examiner has full discretion in applying conditions or denying a requested conditional use. (Ord. 904 § 1 (part), 2020: Ord. 889 § 1 (App. B) (part), 2019; Ord. 678 §§ 5, 6, 2003; Ord. 627 (part), 1999)
15.48.100 Report of decision.
A. The hearing examiner must issue a single report stating the decision on the permit, in accordance with Sections 15.08.120 and 15.08.130. The report will serve as the permit, and shall immediately be provided to the city council.
B. The city planner will forward a copy of the report of decision to the building inspector on the day after the decision is made.
C. A conditional use permit, if not exercised, will expire one (1) year after the decision of the hearing examiner.
D. If a conditional use ceases for one year or more, any subsequent use must conform to current land use requirements. (Ord. 889 § 1 (App. B) (part), 2019; Ord. 627 (part), 1999)
15.48.110 Appeals.
Decisions of the hearing examiner may be appealed to the Pacific County Superior Court in accordance with Section 15.08.160. (Ord. 889 § 1 (App. B) (part), 2019; Ord. 627 (part), 1999)
15.48.120 Home occupations.
In order to receive a conditional use permit for a home occupation in any of the residential districts, home occupations must continuously meet the following criteria:
A. One person outside the immediate family may be employed on the site of the home occupation.
B. The uses of the dwelling unit for the home occupation must be clearly incidental and subordinate to its use for residential purposes by its occupants.
C. There may be no change in the outside appearance of the building or premises, or other evidence of the conduct of the home occupation other than one sign, not exceeding two square feet in area, nonilluminated, and mounted flat against the wall of the principal building.
D. No traffic may be generated by a home occupation in greater volumes than would normally be expected in a residential neighborhood, and any need for parking generated by a home occupation must be met off the street and other than in a required front yard.
E. There may be no use of heavy mechanical equipment or machines that emit noise, dust, noxious odors, fumes, pollutant discharges or electronic interference beyond the limits of the subject property. In the case of electrical interference, no equipment or process may be used which creates visual or audible interference in any radio or television receivers off the premises, or causes fluctuations in line voltage off premises.
F. There may be no unsightly storage of materials and/or supplies outdoors, for purposes other than those permitted in the district of which it is a part.
G. In the case of construction or related occupations, any outdoor storage and equipment yards must be separate from the home occupation.
H. No stock-in-trade may be sold or displayed on the premises out-of-doors.
I. Once a business registration and/or license has been obtained by the owner or operator of a home occupation, the conditional use permit is neither transferable to another person, nor can it apply to any address other than that stated on the permit.
J. The dwelling unit or portion of the dwelling unit to be used for a home occupation must meet the requirements of all uniform ordinances for the occupancy classification of the proposed home occupation. (Ord. 627 (part), 1999)
15.48.130 Bed and breakfast establishments.
In order to receive a conditional use permit, a bed and breakfast establishment must continuously meet the following criteria:
A. Bed and breakfast facilities must meet all applicable health, fire safety and building ordinances and must be operated so as to not give the appearance of being a business (unless it is in a commercial district, in which case it may give the appearance of being a business), and they may not infringe on the right of neighboring residents to peaceful occupancy of their homes.
B. The bed and breakfast facility must be the principal residence of the owner.
C. One nonilluminated sign not to exceed two square feet will be permitted in residential districts; in commercial districts any sign must meet the sign requirements of the district in which it is located.
D. One off-street parking space must be provided for each available room.
E. Other conditions may be imposed, including but not limited to additional parking, improved access, landscaping or screening in order to protect the interests of the surrounding properties or the neighborhood. (Ord. 627 (part), 1999)
15.48.140 Siting essential public facilities.
Essential public facilities identified as conditional uses in Chapter 15.44 are subject, at a minimum, to the following requirements:
A. Essential public facilities must be classified as follows:
1. Type One. Multi-County Facilities (on the Office of Financial Management (OFM) list of future projects). These are major facilities serving or potentially affecting more than one county. These facilities include, but are not limited to, regional transportation facilities such as regional airports, state correction facilities and state education facilities.
2. Type Two. These are local or interlocal facilities serving or potentially affecting residents or property in more than one jurisdiction. They could include, but are not limited to, county jails, county landfills, community colleges, sewage treatment facilities, communication towers and inpatient facilities (e.g., substance abuse facilities and mental health facilities). [Note: Facilities that would not have impacts beyond the jurisdiction in which they are proposed to be located would be Type Three facilities.]
3. Type Three. These are facilities serving or potentially affecting only the jurisdiction in which they are proposed to be located.
B. An applicant must identify the approximate area within which the proposed project could potentially have adverse impacts (such as increased traffic, public safety risks, noise, glare, emissions, or other environmental impacts) in order to enable the city to determine the project’s classification.
C. An applicant must provide early notification and involvement of affected citizens and jurisdictions as follows:
1. Type One and Type Two Facilities. At least ninety (90) days before submitting an application for a Type One or Type Two essential public facility, the prospective applicant must notify the affected public and jurisdictions of the general type and nature of the proposal, identify sites under consideration for accommodating the proposed facility, and identify opportunities to comment on the proposal. Applications for specific projects will not be considered complete in the absence of proof of a published notice regarding the proposed project in a newspaper of general circulation in the affected area. This notice must include the information described above and must be published at least ninety (90) days prior to the submission of the application.
2. The Pacific County planning commission may provide the project sponsor and affected jurisdiction(s) with their comments or recommendations regarding alternative project locations during this ninety (90) day period. (The purpose of this provision is to enable potentially affected jurisdictions and the public to collectively review and comment on alternative sites for major facilities before the project sponsor has made their siting decision.)
3. Type Three Facilities. Type Three essential public facilities are subject to the city’s standard notification requirements for conditional uses.
D. Essential public facilities must not have any probable significant adverse impact on critical areas or resource lands, except for lineal facilities, such as highways, where no feasible alternative exists.
E. Major public facilities which generate substantial traffic should be sited near major transportation corridors.
F. Applicants for Type One essential public facilities must provide an analysis of the alternative sites considered for the proposed facility. This analysis must include the following:
1. An evaluation of the sites’ capability to meet basic siting criteria for the proposed facility, such as size, physical characteristics, access and availability of necessary utilities and support services;
2. An explanation of the need for the proposed facility in the proposed location;
3. The sites’ relationship to the service area and the distribution of other similar public facilities within the service area or jurisdiction, whichever is larger;
4. A general description of the relative environmental, traffic and social impacts associated with locating the proposed facility at the alternative sites that meet the applicant’s basic siting criteria. The applicant must also identify proposed mitigation measures to alleviate or minimize significant potential impacts; and
5. The applicant must also briefly describe the process used to identify and evaluate the alternative sites.
G. The proposed project must comply with all applicable provisions of the city’s comprehensive plan and this title. (Ord. 627 (part), 1999)
15.48.150 Essential public facilities must be allowed in city.
Conditional use procedures may not be used to prevent essential public facilities from locating somewhere in the city. (Ord. 627 (part), 1999)