Chapter 20.46
SPECIAL USE PERMIT
Sections:
20.46.010 Special uses defined.
20.46.020 Uses requiring special use permit.
20.46.030 Area and dimensional regulations.
20.46.040 Application for permits.
20.46.070 Standards for granting special use permits.
20.46.080 Expiration and renewal.
20.46.090 Revocation of permits.
20.46.120 Resubmittal of application.
20.46.010 Special uses defined.
A. The uses described in this chapter, and all matters directly related thereto, are declared to be uses possessing characteristics of such unique and special form as to make impractical their being included automatically in any classes of use as set forth in the various zones previously defined, and the authority for the location and operation thereof shall be subject to favorable recommendation of the hearings examiner. The city council, upon receipt of the hearings examiner’s recommendations, shall also consider the application.
B. The purpose of the review before the hearings examiner and city council shall be to determine that the characteristics of any such use shall not be incompatible with the type of uses permitted in surrounding areas and for the further purpose of stipulating such conditions upon an operation as may ensure that this basic purpose shall be served. (Ord. 1921-0518 (part), 2018; Ord. 1697-0407 § 1 (part), 2007: Ord. 1310-191 § 2 (part), 1991; Ord. 987 § 7.01, 1979)
20.46.020 Uses requiring special use permit.
The following uses may locate subject to the issuance of a special use permit processed as provided in this section:
A. Airports, landing fields and heliports, subject to the following regulations: Land in the vicinity of aircraft landing fields shall be divided into “approach areas,” “turning areas,” and “transition areas” and shall be designated with the prefix “LF” (landing field) on the zoning maps which are a part of this title.
1. No structure shall be erected, altered or maintained, nor shall any tree be allowed to grow, in any area created by this subsection, to a height in excess of the height limit herein established for such landing field areas. The datum plane for the measurement of the maximum permitted heights in landing field approach areas shall be the elevation of the nearest point on the centerline of the nearest runway. The datum plane for the transition area and the turning area shall be the established elevation of the landing field;
2. The maximum height permitted, unless otherwise regulated by other sections of this title, is established for the following areas:
a. In approach areas: to the height of the inclined plane of the approach area as indicated on the zoning map,
b. In transition areas: to the height of the inclined plane of the transition area as indicated on the zoning map,
c. In turning areas: the height shall be limited to one hundred fifty feet above the datum plane,
d. In any area as defined above, no meeting place for public or private purposes which is designed to accommodate more than twenty-five persons at one time shall be permitted.
B. Transfer stations (refuse and garbage) when operated by a public agency.
C. Sanitary landfills, public or private, and commercial incinerators.
D. Hydroelectric generating plants.
E. Correctional institutions.
F. All land surface modification not otherwise subject to regulation, or specific exemption under the provisions of Chapter 70, Uniform Building Code Appendix (building and land surface modification regulations), or by development permits required by this title.
1. Time limits may be imposed at which time such operations shall terminate;
2. A bond shall be filed guaranteeing to the city compliance with the provisions of this title in an amount determined by the staff, but in no case less than five thousand dollars. The bond shall be continuously maintained until the requirements of the permit have been satisfied.
G. Public utility power generating plants.
H. Refuse disposal sites, provided sanitary-fill method is used.
I. Housing designed for the elderly, with the exception of projects which can in all respects comply with the provisions of the R-3 zone.
J. Storage of operable or inoperable automobiles, exclusive of off-street parking facilities incidental to a primary use.
K. Recreational area, commercial.
L. Special function land uses as defined in Section 20.70.040(F). (Ord. 1698-0407 § 2, 2007; Ord. 1697-0407 § 1 (part), 2007: Ord. 987 § 7.02, 1979)
20.46.030 Area and dimensional regulations.
A. The requirements for front, rear and side yards and open spaces applicable to the particular zone in which any such use is proposed to be located shall prevail, unless, in the findings and conditions recited in the action dealing with each such matter, specific additions are made with respect thereto.
B. The provisions applying the height, floor area and lot area coverage applicable to the particular zone in which any such use is proposed to be located shall prevail, unless, in the findings and conditions recited in the action dealing with each such matter, specific additional limitations are made with respect thereto.
C. The requirements for provision of off-street parking and loading areas applicable to the particular use shall prevail, unless, in the findings and conditions recited in the action dealing with each such matter, specific additional requirements are made with respect thereto. (Ord. 1697-0407 § 1 (part), 2007: Ord. 987 § 7.03, 1979)
20.46.040 Application for permits.
A. Special use permits may be granted upon filing of an application therefor by a property owner or a lessee, in conformity with this chapter. The procedure to be followed in processing such permits shall be the same as set forth in Chapter 20.52 for amendments.
B. Environmental information shall be submitted in accordance with the State Environmental Policy Act of 1971, as amended, and Title 21. Information shall be submitted in a form approved by the city engineer. The evaluation and declaration of environmental significance shall be in accordance with Title 21.
C. A standard survey of the property by a land surveyor licensed by the state of Washington shall be submitted in conjunction with the submission of the special use permit application for new construction, and corner stakes shall be physically installed.
D. Site plans shall be required to be filed with the applications as per Section 20.32.140(B). (Ord. 1697-0407 § 1 (part), 2007: Ord. 987 § 7.04, 1979)
20.46.050 Notice of hearing.
Notice of public hearings shall be as required in Section 20.02.120. (Ord. 1697-0407 § 1 (part), 2007: Ord. 987 § 7.05, 1979)
20.46.060 Public hearings.
A. Public hearings on applications for a special use permit shall be held by the hearings examiner and recommendations shall be made to the city council. The recommendations of the hearings examiner shall set forth all findings in each specific grant of a special use permit, and each denial thereof.
B. The city council shall then consider these recommendations at a regular council meeting, notifying the applicant of the day it will consider such recommendations. The city council may request the applicant to appear before it when considering an application for a special use permit. If approved by the city council, it shall be so done in resolution form delineating specifically what is approved and any conditions thereof. (Ord. 1921-0518 (part), 2018; Ord. 1697-0407 § 1 (part), 2007: Ord. 1310-191 § 2 (part), 1991; Ord. 987 § 7.06, 1979)
20.46.070 Standards for granting special use permits.
The hearings examiner and city council shall be guided by the following standards and provisions in granting a special use permit:
A. The use requested by the special use permit shall be within the intent of this title, the comprehensive plan, and the public interest.
B. The use requested by the special use permit shall demonstrate that it is consistent with any performance standards applicable to the district in which it is to be placed.
C. The use requested by the special use permit shall be made on the basis of site plans submitted pursuant to Section 20.46.040(D). If the improvements are to be made over a period greater than two years, the time of improvements shall be indicated. (Ord. 1921-0518 (part), 2018; Ord. 1697-0407 § 1 (part), 2007: Ord. 1310-191 § 2 (part), 1991; Ord. 987 § 7.07, 1979)
20.46.080 Expiration and renewal.
A. Whenever a special use permit has been granted, it shall be revoked unless a building permit conforming to plans upon which the permit was granted is obtained within six months of the date of the issuance of the permit. Substantial construction shall be completed within one year from the date the permit becomes effective unless a renewal is granted or unless the grant of the special use permit specifically provides for a period greater than one year.
B. An approved application for a special use permit may be renewed by the hearings examiner for one year. No more than one renewal may be issued for any special use permit. (Ord. 1697-0407 § 1 (part), 2007: Ord. 1310-191 § 2 (part), 1991; Ord. 987 § 7.08, 1979)
20.46.090 Revocation of permits.
A. The city council, after a recommendation from the hearings examiner, may revoke or modify any special use permit. Such revocation or modifications shall be made on any one or more of the following grounds:
1. That the approval was obtained by fraud;
2. That the use for which such approval was granted has been abandoned;
3. That the use for which such approval was granted has at any time ceased for one year or more;
4. That the permit granted is being exercised contrary to the terms or conditions of such approval or in violation of any statue, resolution, code, law or regulations; or
5. That the use for which the approval was granted was so exercised as to be detrimental to the public health or safety.
B. Individuals who are aggrieved may petition the city council to initiate revocation proceedings.
C. Before a special use permit may be revoked or modified, a public hearing shall be held. Procedures concerning notice, reporting and appeals shall be the same as required by this title for the initial consideration of a special use permit application. (Ord. 1921-0518 (part), 2018; Ord. 1697-0407 § 1 (part), 2007: Ord. 1310-191 § 2 (part), 1991; Ord. 987 § 7.09, 1979)
20.46.100 Performance bond.
As a condition for granting a special use permit, pursuant to the applicable provisions herein, the applicant may be required to post a performance bond in an amount sufficient to ensure completion of the project. (Ord. 1697-0407 § 1 (part), 2007: Ord. 987 § 7.10, 1979)
20.46.110 Appeals.
The appeal procedure shall follow the same procedure as detailed in Chapter 20.50. (Ord. 1697-0407 § 1 (part), 2007: Ord. 987 § 7.11, 1979)
20.46.120 Resubmittal of application.
An application which has been disapproved by the council cannot be resubmitted to the hearings examiner within six months of the date of disapproval. (Ord. 1697-0407 § 1 (part), 2007: Ord. 1310-191 § 2 (part), 1991; Ord. 987 § 7.12, 1979)
20.46.130 Fee.
The fee for a special use permit application shall be as required by the director of planning and paid upon submission of the application form to the director of planning. This fee shall not waive the cost of other applications required in conjunction with this application, and in no case shall the fee be refunded. (Ord. 1697-0407 § 1 (part), 2007: Ord. 1311-191 § 1 (part), 1991; Ord. 987 § 7.13, 1979)