Chapter 17.66
CONDITIONAL USE PERMITS
Sections:
17.66.020 Plan – Applications.
17.66.030 Criteria for review of applications.
17.66.040 Notification and processing.
17.66.050 Existing violation – No permit issued.
17.66.060 Expiration – Transferability.
17.66.070 Revocation – Review procedures.
17.66.010 Purpose.
A conditional use permit is a permit issued for those uses authorized in a given zone, but permitted to locate only after review as provided herein upon finding that the granting of a conditional use permit imposing such performance standards, specified in this title, will make the use compatible with other uses permitted in the same or neighboring districts. [Ord. 21-20 § 24, 2020; Ord. 15-17 § 1 (Exh. A), 2017; Ord. 17-15 § 1, 2015; Ord. 40-07 § 1, 2007].
17.66.015 Authority.
A. The city shall have the authority to grant approval, conditional approval, or denial of conditional use permits. In granting a conditional use permit, certain safeguards may be required, and certain conditions may be established to accomplish the following:
1. To protect the health, safety, convenience, and general welfare of the public;
2. To assure that the purposes of the zoning code shall be maintained with respect to the particular conditional use on the particular requested site;
3. To consider the location, use, building, traffic characteristics, and environmental impact(s) of the proposed use;
4. To consider existing and potential uses within the general area in which the requested conditional use is proposed.
B. Conditions of Approval. The conditions of approval required by the review authority in granting a conditional use permit may include, but are not limited to, provisions concerning access, aesthetics, appearance, driveways, environmental mitigation, general character, height, hours of operation, lighting, loading, neighborhood compatibility, noise attenuation, on- and off-site improvements, open spaces, parking, prevention of vandalism or graffiti, revocation dates, security of persons and property, setbacks, signs, site plan, size, street right-of-way dedication, time limits for commencing construction or use authorization, use, walls, yards, and any other conditions the review authority may deem appropriate and necessary to carry out the purpose of the zoning code. [Ord. 21-20 § 24, 2020; Ord. 15-17 § 1 (Exh. A), 2017; Ord. 17-15 § 1, 2015].
17.66.020 Plan – Applications.
The application shall:
A. Be submitted on forms supplied by the community development department. The owner or owner’s representative must sign the application;
B. Be accompanied by the following:
1. A site plan;
2. A variance report, prepared by a title company, showing the names and addresses of the owners of the property and the names and addresses of surrounding land owners within 600 feet of the property subject to the application(s). The variance report shall be submitted to the city in both paper format and electronic format with names and addresses acceptable to the city;
3. An application fee in accordance with the master fee schedule;
4. A State Environmental Policy Act (SEPA) checklist;
a. However, a SEPA checklist is not required for conditional use permit applications for accessory buildings;
5. Such additional information, if required by the community development director, such as parking areas, traffic access, circulation analysis, open spaces, landscaping, and other pertinent information that may be necessary to determine if the proposed conditional use meets the requirements of this title and adequately mitigates any significant adverse environmental impacts that could occur; and
6. A written narrative, if required by the community development director, outlining mitigation measures and methods proposed to reduce or control impacts caused by the proposed use, including, but not limited to, light, heat, glare, traffic, noise, access, etc. [Ord. 21-20 § 24, 2020; Ord. 15-17 § 1 (Exh. A), 2017; Ord. 17-15 § 1, 2015; Ord. 40-07 § 1, 2007. Formerly 17.66.040].
17.66.030 Criteria for review of applications.
The burden of proof is on the applicant. The project permit application must be supported by convincing proof that it conforms to the applicable elements of the city’s development regulations and comprehensive plan. The applicant must also prove that any significant adverse environmental impacts have been adequately mitigated. A conditional use permit shall be denied unless the applicant demonstrates with clear and convincing evidence that the proposed conditional use meets all of the criteria set forth below:
A. The conditional use is designed in a manner which is compatible and in harmony with the existing development in the vicinity of the subject property; and the use will not allow conditions which will tend to generate nuisance conditions to adjoining properties;
B. The location, size and height of buildings, structures, walls and fences, and screening vegetation for the conditional use shall not hinder or discourage the permitted development or use of properties in the immediate vicinity of the conditional use;
C. The conditional use is designed in a manner that is compatible with the physical characteristics of the subject property;
D. The conditional use is such that pedestrian and vehicular traffic associated with the use will not be hazardous or conflict with existing and anticipated traffic in the adjacent area;
E. The conditional use will be supported by adequate public facilities or services and will not adversely affect public services to the surrounding area or conditions can be established to mitigate adverse impacts on such facilities; and
F. The conditional use is not in conflict with the health and safety of the community, nor detrimental to the public interest. [Ord. 21-20 § 24, 2020; Ord. 15-17 § 1 (Exh. A), 2017; Ord. 17-15 § 1, 2015].
17.66.040 Notification and processing.
The notification and processing of the conditional use permit application shall proceed in accordance with the requirements for Type III permits, as outlined in WRMC Title 14. [Ord. 21-20 § 24, 2020; Ord. 15-17 § 1 (Exh. A), 2017; Ord. 17-15 § 1, 2015].
17.66.050 Existing violation – No permit issued.
No permit shall be issued for a conditional use where there is an existing violation of this title. [Ord. 21-20 § 24, 2020; Ord. 15-17 § 1 (Exh. A), 2017; Ord. 17-15 § 1, 2015; Ord. 40-07 § 1, 2007. Formerly 17.66.080].
17.66.060 Expiration – Transferability.
The permit shall be deemed to authorize only one particular use and may be conditioned to expire at such a time as is specified by the review authority as being reasonable and necessary. Conditional use permits shall expire when the permittee has ceased the use for 12 consecutive months or more, or when a conditional use permit has been granted but no building permit has been applied for and/or use has commenced.
Conditional use permits issued for uses where a majority of the property value is directed to that use shall be transferable as a property right and do not expire except where terms of the permit are not being honored, or as otherwise provided by the permit. [Ord. 21-20 § 24, 2020; Ord. 15-17 § 1 (Exh. A), 2017; Ord. 17-15 § 1, 2015; Ord. 40-07 § 1, 2007. Formerly 17.66.090].
17.66.070 Revocation – Review procedures.
A. The review authority may initiate proceedings to revoke a conditional use permit. Individuals who are aggrieved may petition the entity having jurisdiction to initiate revocation or modification proceedings.
B. Procedures for revoking or modifying a conditional use permit are governed by the notification and processing requirements for Type III permits, as outlined in WRMC Title 14.
C. The review authority, after a public hearing, may revoke or modify a conditional use permit. Such revocation or modification shall be made on any one or more of the following grounds:
1. General noncompliance of permit conditions;
2. That the approval was obtained by deception, fraud, or other intentional and misleading representation;
3. That the use for which such approval was granted has at any time ceased for a period of 12 consecutive months or more;
4. That the use for which such approval was granted has been abandoned;
5. That the permit granted is exercised contrary to the terms or conditions of such approval or in violation of any statute, resolution, code, law or regulation;
6. That the use for which the approval was granted is so exercised as to be detrimental to the public health or safety. [Ord. 21-20 § 24, 2020; Ord. 15-17 § 1 (Exh. A), 2017; Ord. 17-15 § 1, 2015; Ord. 40-07 § 1, 2007. Formerly 17.66.100].