Chapter 18.75
PERMITS AND VARIANCES
Sections:
18.75.020 Applications for permits.
18.75.030 Conditions of approval.
18.75.090 Temporary structure or use—Authority.
18.75.010 Purpose.
The purpose of this chapter is to establish a method for the review and approval of land use permits and variances. It is intended to promote the development of land in a manner which is not detrimental to the public health, safety or welfare, or to adjacent properties. (Ord. 1917 § 1 (part), 1997).
18.75.020 Applications for permits.
All permits and variances issued under this chapter must be in accord with Title 19 and this chapter. All applications must be made on forms supplied by the administrator and contain the information stated thereon, as well as the application requirements which accompany each application. (Ord. 1917 § 1 (part), 1997).
18.75.030 Conditions of approval.
A. Permits may be made subject to any condition which the administrator, board of adjustment or city council finds necessary to protect the public health, safety and welfare or otherwise bring a proposed development into compliance with the purpose and intent of this title. Such conditions may include, but are not limited to: special setbacks, buffers, landscaping, fences and walls; lighting; surfacing of parking areas; the installation of drainage; the construction of service roads and alleys; the regulation of the time and type of various activities, points of vehicular ingress and egress; noise, vibration, odors and similar conditions; signs and obstructions to visibility; and such other conditions as will make possible the development of the city in an orderly and efficient manner.
B. Conditions may be imposed in accord with the State Environmental Policy Act, RCW Chapter 43.21C. These conditions may be as the result of, or in lieu of, an environmental impact statement. (Ord. 1917 § 1 (part), 1997).
18.75.040 Site review.
A. No building permit will be issued nor may any use or change in use be made of land without a site review. This does not apply to open or temporary land uses which do not exceed ten days in duration or single-family residences and their accessory structures in R districts.
B. Action. The administrator will make appropriate findings and either approve or conditionally approve site review applications.
C. Any review which authorizes the division of property in lieu of a plat or short plat must be recorded with the Benton County Auditor. The plans and the record of survey filed therewith have the same legal effect as a plat. (Ord. 1917 § 1 (part), 1997).
18.75.050 Conditional uses.
A. Conditional uses, including site review, will be heard and decided by the board of adjustment.
B. Depending on public comment, a conditional use permit will be approved if and only if:
1. The use will not be materially detrimental to the public welfare or injurious to property or improvement in the vicinity;
2. Public ways serving the site are properly designed, improved and of sufficient condition to carry the type and quantity of traffic which can or will be generated by the proposed project; and
3. The site is adequate in size and shape to accommodate the use in harmony with its surroundings. (Ord. 1917 § 1 (part), 1997).
18.75.060 Home occupations.
Home occupations are reviewed in accord with this chapter.
A. The administrator may approve a home occupation for any residential unit, regardless of zoning designation. A home occupation that meets all of the following requirements may be approved by the administrator without the notification process outlined in this section:
1. The home occupation consists of a home office; and
2. The home occupation does not use more than twenty-five percent of the residence; and
3. No customers will visit the residence due to the home occupation; and
4. Approval of the home occupation will not result in any outside storage of materials except for one business-related vehicle; and
5. No signage will be erected or displayed advertising the home occupation.
Any person issued a home occupation permit without notice in accordance with this subsection shall, within thirty days from the date that the home occupation fails to meet any of the above requirements for the issuance of a home occupation permit without notice, apply for a new home occupation permit which shall not be issued without following the notification procedure in this section.
B. Notification will be given by the posting of the property that a home occupation application has been received, that it meets the required criteria (otherwise, the application will not be accepted), and if no objections are received, it will be approved.
C. The notification will state that affected persons and property owners will have seven days to express, in writing, any objections. If an objection is received, the administrator will schedule the matter for a city council open record appeal hearing in accord with Title 19.
D. The administrator will normally take final action within seven working days after the comment period.
E. The administrator will, depending on public comment, approve a home occupation if all of the following criteria are found:
1. The occupation is carried on within the principal building; and
2. The occupation is carried on by a member of the family residing in the dwelling unit; and
3. The occupation is incidental and secondary to the use of the dwelling unit for residential purposes; and
4. Exterior signs or display are in conformance with the provisions of this title; and
5. There will be no exterior storage of materials or exterior indication of the occupation or variation from the residential character of the principal building; and
6. There will be no offensive noise, vibrations, smoke, dust, odors, heat or glare produced by the occupation.
F. Employment of not more than one person, not a member of the immediate family, will be permitted, at the discretion of the administrator, upon application in writing describing the full nature and extent of the occupation.
G. If the administrator finds that the applicant cannot substantially meet each and every one of the above described criteria, he will treat the application as an application for a conditional use in accord with this chapter. Additional fees and information may be required.
H. No home occupation permit is final until the applicant has obtained a business license.
I. Home occupations include, but are not limited to: art studios; dress and drapery making; music lessons limited to single students; and preparation of food for off-premises sales.
J. Home occupations do not include: barber and beauty shops; real estate and insurance offices; restaurants; commercial stables and kennels; and cabinet makers. (Ord. 2822 § 2, 2013: Ord. 1917 § 1 (part), 1997).
18.75.070 Similar uses.
A. Where stated in this title, the administrator may include an unlisted use as a similar use in a zone if all of the following are found:
1. The use is consistent with the purpose of the applicable zoning chapter; and
2. The use is similar with other permitted uses in the chapter; and
3. The use will conform with the regulations applicable to other permitted uses within the district; and
4. The use can be permitted without additional conditions, except as may be required by other codes and ordinances of the city; and
5. The use will have no adverse affect on other permitted uses in the district.
B. If the administrator finds the use to be a similar use, he will notify the planning commission and city council and publish notice thereof. Approval of a request to include a similar use will have the affect of amending the zoning ordinance to add the similar use to the permitted use section of the applicable district.
C. Any person aggrieved by a decision of the administrator may appeal to the city council within five days of publication.
D. If the administrator is not able to include the requested use, an application to amend the zoning ordinance may be submitted and will be considered in accord with Section 18.78.040. (Ord. 1917 § 1 (part), 1997).
18.75.080 Variances.
Variances are heard and decided by the board of adjustment, in accord with Title 19. Variances will be approved only when all of the following are found:
A. The variance will not constitute a grant of special privilege inconsistent with the limitation upon uses of other properties in the vicinity and zone in which the property, on behalf of which the application was filed, is located; and
B. That such variance is necessary because of special circumstances relating to the size, shape, topography, location or surroundings of the subject property, to provide it with use rights and privileges permitted to other properties in the vicinity and in the zone in which the subject property is located; and
C. That the granting of the variance will not be materially detrimental to the public welfare or injurious to the property or improvements in the vicinity and zone in which the subject property is located. (Ord. 1917 § 1 (part), 1997).
18.75.090 Temporary structure or use—Authority.
The administrator may permit the temporary use of a structure or premises in any zone classification for a purpose or use that does not conform to the regulations prescribed elsewhere in this title for the zone classification in which it is located; provided, that such use be of a temporary nature and does not involve the erection of a substantial structure. A zoning certificate for such use may be granted in the form of a temporary and revocable permit, for not more than a twelve-month period, subject to such conditions as will safeguard the public health, safety and convenience and general welfare. (Ord. 2925 § 4, 2015).
18.75.990 Severability.
If any section, sentence, clause or phrase of this chapter or the remainder of this title should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this chapter or the remainder of this title. (Ord. 2925 § 5, 2015).