Chapter 20.81
ADMINISTRATIVE CONDITIONAL
USE PERMITS
Sections:
20.81.005 Administrative conditional use permits and authority to grant.
20.81.010 Required findings to grant.
20.81.015 Conditions on administrative conditional use permit approvals.
20.81.020 Notification and objections.
20.81.031 Minor additions or modifications to sites and structures.
20.81.035 Cancellation of a conditional use permit.
20.81.040 Revocation of a conditional use permit.
20.81.045 Posting of performance bonds.
20.81.000 Scope and purpose.
The intent of this chapter is to detail the procedures and responsibilities of the community development director, and hearing examiner upon appeal, in the processing, consideration, and issuance of administrative conditional use permits whenever such permits are applied for pursuant to provisions of this title. (Ord. 2454 § 1, 1995).
20.81.005 Administrative conditional use permits and authority to grant.
Certain uses require a special degree of control due to unusual effects or characteristics peculiar to them, or because of size, location, type of equipment used, or demands upon public facilities resulting from such use. Chapter 20.80 PMC establishes standards for conditionally permitting such uses within zones. There are certain such uses which are of a lesser impact or intensity so as to allow for a more streamlined administrative conditional use process. Therefore, the community development director shall have the authority subject to provisions of this chapter, to grant, upon such conditions as he/she may determine, an administrative conditional use permit as may be in harmony with the scope and purpose of this title and zone district in which the use is to be located, and the goals, objectives and policies of the Puyallup Comprehensive Plan. Nothing in this chapter shall be construed to give any property owner a right to use any property in any manner which requires an administrative conditional use permit, unless an administrative conditional use permit for such use has first been granted and is in full force and effect pursuant to all conditions attached thereto. (Ord. 2454 § 1, 1995).
20.81.010 Required findings to grant.
Each determination granting an administrative conditional use permit shall be supported by written findings of fact showing specifically wherein all of the following conditions exist:
(1) That the use for which the administrative conditional use permit is applied for is specified by this title as being conditionally permitted within, and is consistent with the description and purpose of the zone district in which the property is located;
(2) That the granting of such administrative conditional use permit will not be detrimental to the public health, safety, comfort, convenience and general welfare, will not adversely affect the established character of the surrounding neighborhood, and will not be injurious to the property or improvements in such vicinity and/or zone in which the property is located;
(3) That the proposed use is properly located in relation to the other land uses and to transportation and service facilities in the vicinity; and, further, that the use can be adequately served by such public facilities and street capacities without placing an undue burden on such facilities and streets;
(4) That the site is of sufficient size to accommodate the proposed use and all yards, open spaces, walls and fences, parking, loading, landscaping and other such features as are required by this title or as are needed in the opinion of the community development director are properly provided to be compatible and harmonious with adjacent and nearby uses;
(5) That the granting of such administrative conditional use permit will not be contrary to the adopted comprehensive plan, or to the objectives of any code, ordinance, regulation, specifications or plan in effect to implement said comprehensive plan. (Ord. 2454 § 1, 1995).
20.81.015 Conditions on administrative conditional use permit approvals.
The community development director shall have the authority to impose conditions and safeguards as he/she deems necessary to protect and enhance the health, safety and welfare of the surrounding area, and to assure that the proposed use or activity fully meets the findings set forth in PMC 20.81.010. No administrative conditional use permit shall require, as a condition, the dedication of land for any purpose not reasonably related to the use of property for which the administrative conditional use permit is requested, nor posting of a bond to guarantee installation of public improvements not reasonably related to the use of property for which the administrative conditional use permit is requested. (Ord. 2454 § 1, 1995).
20.81.020 Notification and objections.
(1) Upon receiving an application for such permit and making the initial determination that the application complies with the required findings as contained in PMC 20.81.010 and any other applicable sections of this title, the community development director shall notify by mail the applicant and all owners of property lying within 150 feet of the property for which the permit is requested informing them of the requested permit and the city’s initial determination to issue the permit (including any permit conditions, if applicable). If a written objection to issuance of the permit is filed within 10 business days of said notification, the community development director shall reconsider the initial determination in light of the objection(s) as raised and render a final decision on the permit. This final decision shall result in either the director’s concurrence with original determination of permit approval, the approval of the permit with additional conditions, or the denial of the permit.
(2) Upon completion of the director’s reconsideration, all parties notified of the initial determination shall receive notification of the director’s final decision. Any such party aggrieved by the director’s final decision may file an appeal of that decision to the hearing examiner. Such appeals for hearing examiner review must be filed within 10 working days from the date the written decision was made and shall include the following:
(a) The appeal shall be filed on forms provided by the community development director.
(b) The appeal shall clearly state the decision being appealed, setting forth the specific reason, rationale, and/or basis for the appeal.
(c) Fees associated with such appeals shall be paid to the city upon filing of the appeal in accordance with a fee schedule established by resolution.
(3) Upon filing of a timely and complete appeal, the hearing examiner shall conduct a public hearing into the merits of the appeal. This hearing shall be subject to the noticing and public hearing requirements set forth in Chapter 20.12 PMC, and shall include a notification of all parties notified of the director’s final decision. The hearing examiner may affirm, modify or deny the director’s decision or may remand the matter to the director for further review in accord with the examiner’s decision.
(4) If no written objection is filed to the initial determination of impending permit issuance, the director shall render a final decision on the permit in accord with the initial determination. (Ord. 2454 § 1, 1995).
20.81.025 Expiration.
Any administrative conditional use permit granted by the development services director or hearing examiner (on appeal) shall become null and void if not exercised within the time specified in such permit or, if no time is specified, within one year of the date of approval of such permit. No administrative conditional use permit approval shall exceed a maximum of two years. An administrative conditional use permit shall be deemed exercised and remain in full force and effect when a complete building permit application has been submitted, or a complete civil engineering permit is submitted if no building permit is required for the approved project. If such permit is abandoned or is discontinued for a continuous period of one year, it may not thereafter be reestablished unless authorized in accordance with the procedure prescribed herein for the establishment of a conditionally permitted use. (Ord. 3113 § 4, 2016; Ord. 2454 § 1, 1995).
20.81.030 Extension of time.
Upon written request by a property owner or his/her authorized representative prior to the date of administrative conditional use permit expiration, the development services director may grant an extension of time up to but not exceeding one year. Such extension of time shall be based upon the following findings:
(1) That the proposed project is in substantial conformance, as to use, size, and site layout, to the project approved by the director; and
(2) There have been no substantial changes in the laws governing the development, with which lack of compliance would be contrary to public health, safety or welfare, environmental protections, storm water treatment and control standards, or be substantially inconsistent with the goals, objectives or policies of the comprehensive plan. If the development was permitted under a previously adopted version of the state-mandated Department of Ecology storm water manual, or other city-mandated storm water controls/standards, no time extension will be granted; and
(3) That the requested time extension would not result in greater than three total years since the original approval date; and
(4) That there has been no material change of circumstances applicable to the property since the granting of said permit which would be injurious to the neighborhood or otherwise detrimental to the public health, safety and general welfare. (Ord. 3119 § 64, 2016; Ord. 2454 § 1, 1995).
20.81.031 Minor additions or modifications to sites and structures.
Minor additions or modifications to sites and structures permitted under existing valid conditional use permits may be administratively approved by the community development director, subject to the following findings:
(1) The proposed addition or modification is determined to be in substantial conformity with any and all previous valid conditional use permits for existing uses on the site.
(2) The proposed addition or modification directly relates to a use or structure established under a previous valid conditional use permit.
(3) No more than one administrative approval for any such minor addition or modification shall be granted on a single property within any two-year period.
(4) The proposed addition or modification shall still be subject to all other applicable city codes and development standards, including setback, screening, or buffering requirements.
(5) The proposed addition or modification will be served by existing streets, driveways and utilities, and will not require relocation of any existing structures or other site modifications.
Upon approving such minor addition or modification, notice shall be provided to all parties of record with the opportunity to comment on the director’s decision within 10 business days. If a written objection is filed within 10 business days, the director shall reconsider the determination in light of the objection(s) raised and render a final decision. Any party aggrieved by the director’s final decision may file an appeal of that decision to the hearing examiner pursuant to Chapter 20.87 PMC. (Ord. 2704 § 1, 2001; Ord. 2454 § 1, 1995).
20.81.035 Cancellation of a conditional use permit.
A valid conditional use permit granted by the community development director, or hearing examiner, may be canceled at any time. Cancellation must be initiated by the owner of the property covered by a conditional use permit by means of a written request to the community development director. Said permit shall then become null and void within 30 days thereafter. (Ord. 2704 § 1, 2001; Ord. 2454 § 1, 1995).
20.81.040 Revocation of a conditional use permit.
The community development director may revoke or add additional conditions to any administrative conditional use permit issued, and the hearing examiner on any other conditional use permit issued, on any one or more of the following grounds:
(1) That the approval was obtained by fraud or that erroneous information was presented by the applicant and considered in the granting of said permit;
(2) That the use for which such approval is granted is not being exercised;
(3) That the use for which such approval is granted has ceased to exist or has been suspended for one year or more;
(4) That the conditional use permit granted is being, or recently has been, exercised contrary to the terms or conditions of such approval, or in violation of any statute, ordinance, law or regulation;
(5) That the use for which the approval was granted is being so exercised as to be detrimental to the public health, safety or general welfare, or so as to constitute a nuisance. (Ord. 2704 § 1, 2001; Ord. 2454 § 1, 1995).
20.81.045 Posting of performance bonds.
Notwithstanding the provisions of PMC 20.81.015, whenever an administrative conditional use permit is granted upon any condition or limitation, the person seeking the administrative conditional use permit may be required to furnish security in the form of money or a surety bond in an amount fixed by the community development director, or hearing examiner on appeal, to ensure compliance with the conditions and limitations upon which permit is granted. Every such bond shall be a performance bond and shall be in a form approved by the city attorney, shall be payable to the city and shall be conditioned upon compliance with the conditions and limitations upon which such permit is granted. (Ord. 2454 § 1, 1995).