Chapter 17A.310
CONDITIONAL USE PERMITS
Sections:
17A.310.040 Environmental review.
17A.310.060 Setting for hearing.
17A.310.070 Standards and criteria.
17A.310.090 Potential conditions.
17A.310.100 Permit, operation.
17A.310.120 Administrative conditional use permits.
17A.310.010 Purpose.
The purpose of this chapter is to authorize the use of conditional use permits in accordance with Chapter 36.70 RCW, and implement a review process by which Okanogan County may determine whether a proposed use may be integrated into a community, which may be suitable only upon adoption of certain conditions. The following standards and criteria and procedures apply to conditional use permits authorized by this chapter, and those conditional use permits previously authorized by similar conditional use permit regulations adopted by Okanogan County but which may no longer be in effect. (Ord. 2016-4 § 1 (Att. A), 2016).
17A.310.020 Authority.
Okanogan County’s office of planning and development administers the provisions of this chapter, processes applications for conditional use permits including applications to amend or terminate such permits, and periodically monitors and inspects existing project sites permitted under the provisions of this chapter. The office of planning and development shall prepare, and require the use of, such forms as are essential to the administration of this chapter, and may issue such orders, requirements, decisions, or determinations concerning the application of this chapter.
A. The hearing examiner or board of adjustment shall hear and decide all applications processed in accordance with this chapter, as a quasi-judicial process in accordance with OCC Title 20, Development Permit Procedures and Administration, except for those applications which do not require a hearing or do not require involvement by the hearing examiner or board of adjustment.
B. The zoning administrator is the authorized zoning adjustor pursuant to RCW 36.70.200, and in this capacity shall decide on administrative orders in accordance with this chapter and OCC Title 20, Development Permit Procedures and Administration, which includes but is not limited to:
1. Administrative amendments authorized by this chapter (see OCC 17A.310.130(B)).
2. Administrative terminations authorized by this chapter (see OCC 17A.310.140(B)).
3. Administrative conditional use permits authorized by this chapter (see OCC 17A.310.060). (Ord. 2016-4 § 1 (Att. A), 2016).
17A.310.030 Applications.
Applications shall be submitted to the office of planning and development. A complete application includes:
A. Application fee as adopted by resolution and available at Okanogan County planning which may include collection of application fees for other department and/or agencies.
B. Land use permit application.
C. Project Description. A thorough narrative explaining the purpose and scope of the proposed activity. The project description should include a clear and thorough explanation of proposed uses which should include integration with existing uses. The description should explain type, if any, of construction and/or services needed to support the project including, but not limited to, structures, roads, parking lots, utilities and water systems, excavation, staging areas, etc. Identify phasing if phasing is proposed. The planning department may require additional information which further explains the scope of the proposal in order to adequately assess impacts to surrounding areas and/or communities. The scope of the project description will depend greatly on the nature of the proposal.
D. Site Plan. The site plan is a map, drawn to scale, which clearly represents existing conditions and depicts the proposed development activity and associated structures and other improvements. The site plan should be consistent with the project description and include but not be limited to structures, areas intended for a specific purpose, property lines, roads, easements, parking areas, access points and circulation patterns, wells, utilities and utility easements. Include location of critical areas such as lakes, rivers, and streams, wetlands, floodplains, steep slopes, etc. The scope of the site plan will depend greatly on the nature of the proposal.
E. SEPA Environmental Checklist. The SEPA environmental checklist is required only if the proposal is not categorically exempt in accordance with Chapter 14.04 OCC, Environmental Policy, and/or Chapter 197-11 WAC Part Nine, Categorical Exemptions (see OCC 17A.310.040). (Ord. 2016-4 § 1 (Att. A), 2016).
17A.310.040 Environmental review.
SEPA review and submission of a completed SEPA environmental checklist is required for those applications which are not exempt from review in accordance with Chapter 14.04 OCC, Environmental Policy, and/or Chapter 197-11 WAC Part Nine, Categorical Exemptions. When SEPA review is required, application review procedures and SEPA procedures shall run concurrently where possible. Concurrent processing includes consolidated publications, public and agency notifications and comment periods, and appeal procedures.
A. Previous SEPA Review. If the SEPA responsible official determines that a previously adopted SEPA determination is adequate for the current proposal (WAC 197-11-600) then additional review shall not be required.
B. Terminations. Termination of a conditional use permit pursuant to OCC 17A.310.140 shall not require SEPA review. (Ord. 2016-4 § 1 (Att. A), 2016).
17A.310.050 Review process.
The office of planning and development shall process complete applications for conditional use permits in accordance with OCC Title 20, Development Permit Procedures and Administration, as a quasi-judicial process. Following the submission of a complete application, the review process shall proceed including a comment period, notifications, publication, and preparation for the public hearing. (Ord. 2016-4 § 1 (Att. A), 2016).
17A.310.060 Setting for hearing.
The hearing examiner or board of adjustment shall hear and decide all applications for conditional use permits, except for those applications which are processed administratively if such a process is authorized by this chapter. (Ord. 2016-4 § 1 (Att. A), 2016).
17A.310.070 Standards and criteria.
The hearing examiner or board of adjustment shall consider the following standards and criteria in evaluating the conditional use permit:
A. That the conditions imposed are reasonably calculated to insure the proposed conditional use is and will remain compatible with the comprehensive plan, zoning for the subject area, other land use actions including but not limited to plats, planned developments, and other conditional use permits; and
B. That the proposed activity is and will remain compatible with current and future uses on the subject property; and
C. That such conditions are not unnecessarily onerous; and
D. That the proposed conditions will protect the public health, morals and general welfare. (Ord. 2016-4 § 1 (Att. A), 2016).
17A.310.080 Compatibility.
Those uses, activities, and structures shall be compatible and shall remain compatible with current and future permitted uses on the same property. For example, if future applications proposed a use other than what was permitted by the conditional use permit, then the proposed application may be approved only if it can be determined that the proposal is compatible or accessory to the conditional use permit. (Ord. 2016-4 § 1 (Att. A), 2016).
17A.310.090 Potential conditions.
The types of conditions which the hearing examiner or board of adjustment may impose on a conditional use permit include, but are not limited to, and are shown herein only as examples and do not represent a comprehensive list:
A. Requiring a performance bond or acceptable surety in an amount and with conditions satisfactory to the hearing examiner or board of adjustment, to assure the performance of conditions imposed or the construction of improvements;
B. Specifying a time limit within which the action shall be begun or completed or both;
C. Requiring an annual review of the issued permit to assure compliance with any imposed conditions;
D. Increasing the required lot size or lot dimensions;
E. Limiting the height or total lot coverage of buildings and impervious surfaces;
F. Specifying the number and location of vehicular access points to the property;
G. Specifying the street width;
H. Specifying the number of off-street parking or loading spaces;
I. Requiring suitable landscaping;
J. Specifying signing;
K. Specifying the exact locations of activities or structures as a means of minimizing hazards to life, limb, property damage, erosion, landslide or traffic;
L. Mitigating nuisance-generating features such as noise, colors, air pollution, wastes, vibration, traffic, physical hazards, off-site light glare, etc.;
M. Requiring structural features or equipment essential to accomplish the purpose set forth in subsection L of this section;
N. Specifying the hours of operation;
O. Insuring against imposing excessive demands upon public facilities and services;
P. Kennels, business or commercial, shall be appropriately conditioned as follows:
1. The structure(s) housing the animals shall be adequately soundproofed to meet Chapter 173-60 WAC as determined by the noise levels during a period of normal operation for the number of animals to be kept;
2. That compliance with noise standards for a commercial noise source as identified by WAC 173-60-040 shall be demonstrated by the applicant;
3. The structure(s) and outside runs or areas housing the animals shall be not less than 200 feet from any dwelling other than the dwelling of the owner, and shall be no less than 50 feet to any property line of the subject site;
4. Any permitted outside runs or areas shall be completely screened from view by sight-obscuring fencing or landscaping, or both, as determined by the hearing examiner or board of adjustment, to serve as a visual and noise abatement buffer;
5. All animals are to be housed within a structure and no outside boarding of animals is permitted between the hours of 10:00 p.m. and 6:00 a.m.;
6. One off-street parking space shall be provided for each 10 animals kept on the premises;
7. The permit shall be granted for a period not to exceed one year. At the end of such period an inspection shall be made of the premises to determine:
a. Compliance with all the conditions of approval; and
b. The advisability of renewing such permit;
8. The applicant shall submit adequate information to aid the hearing examiner or board of adjustment in determining that the preceding standards are satisfied prior to the public hearing;
9. Additional conditions or safeguards as deemed necessary may be imposed by the hearing examiner or board of adjustment for the protection of the health, safety and welfare of the nearby residences.
Q. Septic lagoons include the following conditions of approval, or similar versions thereof, in addition to any conditions which are required through the review process:
1. Construction, design, and management of the septic lagoon shall comply with Chapter 173-308 WAC, Biosolids Management, and WAC 173-350-330, Surface impoundments and tanks.
2. The septic lagoon shall be designed and constructed with an adequate leak detection system. Periodic reporting of leak detection activity shall be submitted to Okanogan County office of planning and development and Washington State Department of Ecology.
3. Nuisance odors for wastes or liquids shall be controlled by the use of aeration and lime added to the liquids. It is the owner or operator’s responsibility to control nuisance odors in accordance with WAC 173-350-330(4)(iii), operating standards.
4. Security fencing shall be installed around the perimeter of the septic lagoon and associated facilities.
5. Security lighting, if any, shall be shielded or downcast so that no direct light from such lighting may enter nearby residential properties.
R. Nightly Rentals. Applications for nightly rentals shall comply with the provisions of Chapter 17A.270 OCC, Nightly Rentals. Additional conditions may be required in order to mitigate impacts identified during the review and hearing process.
S. Cannabis Operations. Applications for cannabis operations shall comply with the provisions of Chapter 17A.290 OCC, Cannabis Operations. Additional conditions may be required in order to mitigate impacts identified during the review and hearing process. (Ord. 2016-4 § 1 (Att. A), 2016).
17A.310.100 Permit, operation.
The final order of the hearing examiner or board of adjustment is conclusive and authorizes immediate operation of the proposed activity, unless otherwise specified. All conditions of approval must be met prior to operation and throughout the duration of the project. (Ord. 2016-4 § 1 (Att. A), 2016).
17A.310.110 Records.
The conditional use permit application, evidence of notice, the record of proceedings and other material accepted as evidence and the written decision along with findings of facts and conclusions shall become a part of the official records of the hearing examiner or board of adjustment and shall be retained in the office of planning and development. (Ord. 2016-4 § 1 (Att. A), 2016).
17A.310.120 Administrative conditional use permits.
The authorized zoning adjuster shall review and subsequently approve, approve with conditions, or deny applications for administrative conditional use permits.
A. Applications for administrative conditional use permits shall be processed in accordance with administrative application procedures in accordance with OCC Title 20, Development Permit Procedures and Administration.
B. The types of administrative conditional use permits which are authorized by this chapter include:
1. Emergency Family Hardship. The administrator shall consider applications for an emergency family hardship in the event that an additional residential unit would not comply with the density requirements of the zone district in which the proposal is located. It shall be the applicant’s burden to adequately demonstrate a legitimate emergency family hardship exists. Such information provided shall be reviewed by the administrator in order to determine whether to approve such applications on the basis of the facts presented. Any residential units approved in accordance with this section shall be strictly limited in duration to the period of the hardship. The administrator may require such periodic reporting and/or documentation as deemed necessary to validate the existence and continuation of the hardship. Upon the expiration of any permit, it shall be the applicant’s duty to abate and remove such residential unit within 90 days. If at any time during the duration of a permit the administrator determines that the emergency hardship no longer exists, the permit shall be summarily revoked and the permitted residential unit shall be abated and removed, at the permittee’s expense, within 90 days of the administrator’s revocation order. (Ord. 2016-4 § 1 (Att. A), 2016).
17A.310.130 Amendments.
Amendments to existing conditional use permits shall be processed in accordance with this section.
A. Amendments. All applications for amendments which are beyond the scope of an administrative amendment, as defined herein, shall be processed the same as a new application in accordance with this chapter. Amendments may be narrowly focused in order to amend only specific elements of the original permit without jeopardizing the integrity of the existing permitted operation.
B. Administrative Amendments. The administrator may approve minor amendments to conditional use permits. Minor amendments shall be categorized as changes which only clarify the scope of the existing permit (i.e., clarification of accessory uses, definitions of uses, etc.) but does not expand the scope of the permit (i.e., expansion of project areas, inclusion of additional uses, changes to hours of operation, etc.). Applications for administrative amendments shall be processed by the office of planning and development as an administrative process in accordance with OCC Title 20, Development Permit Procedures and Administration. The administrator shall issue the final order which shall explain the scope of the amendment. Such order shall become part of the record and shall be filed accordingly. Notice of the amendment shall be transmitted immediately to the landowner. (Ord. 2016-4 § 1 (Att. A), 2016).
17A.310.140 Termination.
A. Termination. The permit may be terminated in whole or in part as a result of noncompliance with the terms or conditions of the permit and/or this title. Such termination shall be approved only by order of the hearing examiner or board of adjustment. The order shall include findings supporting the reason(s) for terminating the permit. Termination by noncompliance does not require an application or application fee.
B. Administrative Termination. The termination of a permit may be approved by the administrator/zoning adjuster if all outstanding obligations have been resolved and/or completed and the termination has been requested by the landowner. Applications for termination by request shall be processed by the office of planning and development and require an application fee in accordance with Okanogan County’s fee schedule. (Ord. 2016-4 § 1 (Att. A), 2016).