Chapter 17.79
VARIANCES/SPECIAL USE PERMITS AND CONDITIONAL USE PERMITS
Sections:
17.79.010 Property use recognition.
17.79.020 Application for variance.
17.79.030 Effective date of orders.
17.79.040 Application for conditional use permit.
17.79.050 Application for special use permit.
17.79.060 Hearings examiner system.
17.79.070 Hearings examiner authority.
17.79.090 Legal effect – Appeal.
17.79.010 Property use recognition.
The city recognizes that there are certain uses of property that may or may not be detrimental to the public health, safety, morals and general welfare, depending upon the facts in each particular case.
A. The authority to approve special use permits for such uses is vested in the hearings examiner under the public hearing requirements.
B. The authority to review and approve applications for conditional use permits.
C. The authority to review and approve applications for variances.
D. The authority to grant a similar use authorization provided in CRMC 17.48.080.
The hearings examiner established in Chapter 17.20 CRMC in exercising the function of hearing and deciding variances shall utilize the following procedures and criteria. [Ord. 2018-02 § 2 (Exh. A), 2018].
17.79.020 Application for variance.
A. An application for a variance may be filed by the owner or occupant of the property affected. The application shall be verified and filed with the city clerk-treasurer’s office and shall state fully the circumstances and conditions relied upon as grounds for the variance and shall be accompanied by adequate plans and legal descriptions of the property involved and an outline of the proposed use. As a condition to processing the application, the applicant shall pay a fee as established by resolution of the city council. The city clerk-treasurer shall transmit all variance application materials to the city planner who shall in turn prepare written findings of fact on the variance application and transmit the materials relevant to the hearings examiner. The examiner shall set the matter for hearing; notice of the time, place and purpose of such hearing shall be given to the property owners of each lot, parcel or portion of the real property affected by this declaration. The hearings examiner shall establish the date, time and place for the public hearing, and ensure that all public notices and postings are made in conformance with the requirements of law. Upon the date set the examiner shall hear the application; at the termination of the hearing, the examiner will render a decision within 10 days to grant or deny the variance on the evidence submitted, or extend the hearing to secure further information. The examiner may grant the variance if he/she finds from the evidence submitted at the hearing:
1. That there are exceptional or extraordinary circumstances or conditions applying to the subject property that do not apply generally to other properties in the same vicinity or zoning district, and that the plight of the applicant is unique and not the result of his own action;
2. That the land or structure in question cannot be reasonably used and cannot yield a reasonable return if used only in accordance with the density requirements of this title for the district in which it is located, and that such variance is necessary for the preservation and enjoyment of a substantial property right of the applicant possessed by the owners of other property in the same vicinity or district;
3. That the authorization of such variance will not be materially detrimental to the public welfare, not injurious to nearby property, nor essentially different from the provisions of the district in which it is located;
4. That the granting of such variance will not adversely affect the comprehensive plan or studies thereof.
B. In granting a variance, the hearings examiner shall make written findings of fact which shall specify all facts relied upon by the examiner in rendering its decision in attaching conditions and safeguards thereto. The actual terms of the variance and any conditions thereon shall be prepared and filed with the city clerk. A copy of the findings of fact and the variance shall be provided to the applicant and any other interested person who may request the same.
C. Variances. No use variance will be granted except for lawfully created preexisting uses. [Ord. 2018-02 § 2 (Exh. A), 2018].
17.79.030 Effective date of orders.
The order of the hearings examiner granting or denying a variance shall become effective when the decision has been rendered, unless the examiner shall set a different date for such order to become effective, which date shall not be more than 30 days from the date of entry of such order and not less than 10 days. In exercising the above, the examiner may reverse or affirm wholly or partly and may modify the order, requirements, decision or determination as should be made in the hearing. [Ord. 2018-02 § 2 (Exh. A), 2018].
17.79.040 Application for conditional use permit.
In certain use districts, conditional uses are permitted subject to the granting of a conditional use permit. Because of their unusual characteristics, or the special characteristics of the area in which they are to be located, conditional uses require special consideration so that they may be properly located with respect to the objectives of this title and their effect on surrounding properties.
A. Application. Only a property owner may file an application for a conditional use permit from the hearings examiner. It shall be presented to the city clerk-treasurer along with a filing fee as established by resolution of the city council. The filing fee shall not be refundable. A site plan will be attached to the application showing the existing property and surrounding area condition(s) and the future conditions that the applicant would like to see occur. The application together with the site plan shall be forwarded to the city planner. The planner shall hold a site plan and the application conference with the applicant prior to starting any report on the application.
B. Hearings Examiner. The hearings examiner shall have the authority to approve, establish conditions and reject conditional use proposals. Any change in the use of, expansion of, or a contraction of a site area, or alteration of 50 percent or more of the gross floor area of any building or structure, or any change of use classified as conditional and existing prior to the effective date of the ordinance codified in this title shall conform to all requirements of this title.
C. Investigation and Report. The city planner shall make an investigation of the application and shall prepare a written report to the hearings examiner with a copy of the report made available to the applicant. The hearings examiner shall establish the date, time and place for the public hearing, and ensure that all public notices and postings are made in conformance with the requirements of law. A copy of the planner’s report and all necessary accompanying documents shall be forwarded to the applicant prior to the hearing date.
D. Public Hearings. The proposed conditional use permit shall be considered by the examiner at a public hearing. Notice of the hearing shall be published in the local newspaper at least 10 days prior to the public hearing.
E. Action by the Hearings Examiner in Permitting a Conditional Use Permit. The examiner may impose, in addition to the regulations and standards of this title, other conditions found necessary to protect the best interests of the surrounding properties, neighborhood or the city. These conditions may include, but are not limited to, requirements increasing the required lot size or yard dimensions, increasing street widths, upgrading existing streets, controlling the location and number of vehicle access points to the property, increasing the number of off-street parking or loading spaces required, limiting the number of signs, limiting the coverage or height of buildings because of obstructions to view and reduction of light and air to adjacent properties, limiting or prohibiting openings in sides of buildings or structures, establishing screening and/or landscaping standards to reduce noise and glare, maintaining the property in a character in keeping with the surrounding area, and requirements under which any future enlargements or alterations of the use shall be reviewed by the city and new conditions imposed.
F. Criteria Governing the Hearings Examiner’s Conditional Use Permit Application.
1. In order to grant any conditional use, the examiner must find that the establishment, maintenance or operation of the use applied for will not, under the circumstances of the particular case, be significantly detrimental to the health, safety or general welfare of the persons residing or working in the neighborhood of such proposed use or be detrimental or injurious to the property and improvements in the neighborhood or to the general welfare of the city.
2. The examiner shall render a decision within 10 days after the filing of the application. The decision of the hearings examiner shall be final unless appealed to the superior court.
3. A conditional use permit shall become void one year after approval, or after such greater or lesser time as may be specified as a condition of approval unless, within that time, the required building construction, alteration or enlargement has been commenced and diligently pursued, or if no such construction, alteration or enlargement is required, the permitted activity is being regularly conducted on the premises. The hearings examiner may extend the permit for a period of one year.
G. Appeal. The applicant or any interested person may file an appeal of the decision of the hearings examiner by making an application to the superior court, for a writ of review, within 10 days after the examiner has rendered his/her decision.
H. Effect of Appeal on Application and Building Permit. Until a final determination of any appeal to the superior court is returned to the city clerk-treasurer, all activities relating to the matter under appeal shall halt. No use, building or occupancy permits shall be issued until such determination is returned. Any permits issued must be in accordance with the decision of the superior court.
I. Revocation of Conditional Use Permit. The Castle Rock city council may revoke a conditional use permit, upon receiving written findings outlining violations of a conditional use permit as issued by the examiner. The city clerk-treasurer shall notify the original applicant of their intention to hold a public hearing for the purpose of revoking the conditional use permit for violations of standards and conditions imposed. The applicant shall be given full opportunity to show just cause of any violations or show city error in violation determination.
J. Frequency of and Time Limitation on Resubmittal of Unamended, Rejected Applications. The original applicant can resubmit, one time, the unamended application within one year after rejection by the examiner for no additional fee.
K. Notification to Applicant of Hearings Examiner Action. The applicant shall be notified in writing of the examiner’s final action within 10 working days of the public hearing. [Ord. 2018-02 § 2 (Exh. A), 2018].
17.79.050 Application for special use permit.
The hearings examiner may review any interpretation of the provisions of this chapter made by the city building and planning officials, and any order, requirements, decision or determination relating thereto made by them in the application of the specific provision of this title to any parcel of land and/or structure. The examiner may affirm or reverse the interpretation of the provisions of this title by the planning and building officials, and any order, requirement, decision or determination relating thereto; the examiner’s decision shall be based upon a findings of fact, based upon the materials, public testimony presented and other evidence in each case.
A. Application and Fee. The applications for a special use permit shall follow the same procedure as used for conditional use permits, as stated in CRMC 17.79.040(A) through (K). The filing fee shall be such amount as is established by resolution of the city council.
B. Advertising. The hearings examiner shall establish the date, time and place for the public hearing, and ensure that all public notices and postings are made in conformance with the requirements of law.
C. Special Use Permit Criteria. No special use permit shall be granted by the hearings examiner unless he/she finds:
1. That the use for which such permit is sought will not be injurious to the neighborhood or otherwise be detrimental to the public or its safety from physical harm;
2. In making such a determination, the commission shall be guided by the following considerations and standards:
a. That the use will not be detrimental to the character and use of adjoining buildings and those in the vicinity;
b. That the use will not create a hazard in the immediate area either for the residences, pedestrians or vehicular traffic;
c. That adequate ingress and egress will be available for fire and other emergency equipment;
d. That adequate off-street parking will be provided to prevent congestion of public streets;
3. That other standards contained in this title and the policies of the city’s comprehensive plan are not violated, abridged or otherwise compromised. [Ord. 2018-02 § 2 (Exh. A), 2018].
17.79.060 Hearings examiner system.
Pursuant to RCW 35.63.130 and pursuant to RCW 58.17.330, there is established a hearings examiner system to be utilized. [Ord. 2018-02 § 2 (Exh. A), 2018].
17.79.070 Hearings examiner authority.
When appointed, the examiner is empowered to hear and decide applications for amending this title when the amendment applied for is not of general applicability. In addition, such examiner may be appointed to hear and decide issues on applications for conditional uses, variances and special use permits. [Ord. 2018-02 § 2 (Exh. A), 2018].
17.79.080 Procedure.
In conducting public hearings, the examiner shall utilize the procedures already established for hearings for the planning commission or the city council. [Ord. 2018-02 § 2 (Exh. A), 2018].
17.79.090 Legal effect – Appeal.
The legal effect of a decision of the examiner shall be the same as though the matter had been heard by the city council. His/her authority shall be the same as if the city council were performing the function. [Ord. 2018-02 § 2 (Exh. A), 2018].
17.79.100 Final decision.
Each final decision of a hearings examiner shall be in writing and shall include findings and conclusions, based on the record, to support the decision. Such findings and conclusions shall also set forth the manner in which the decision would carry out and conform to the city’s comprehensive plan and development regulations. Each final decision of the hearings examiner, unless a longer period is mutually agreed to in writing by the applicant and the examiner, shall be rendered within 10 working days following conclusion of all testimony and hearings. [Ord. 2018-02 § 2 (Exh. A), 2018].