Chapter 17.80CONDITIONAL USE PERMITS

Sections:

17.80.010
Purpose.
17.80.020
Applicability.
17.80.030
Procedure.
17.80.040
Submittal requirements.
17.80.050
Criteria for granting conditional use permits.
17.80.060
Special conditions.
17.80.070
Suspension, denial, or revocation of a conditional use permit.
17.80.080
Change, enlargement or alterations.
17.80.090
Permit approvals – Validity.
17.80.010Purpose.

The purpose of this chapter is to provide procedures and criteria for conditional uses which, because of their unusual size, special requirements, potential safety hazards, and/or other potential detrimental effects on surrounding properties, are allowed in a specific zone at a specific location only after review by the city to determine if the use is compatible with other uses in the same vicinity and zone. The granting of a conditional use permit may include the imposition of specific development and performance standards beyond that required in the underlying zoning to assure compatibility. The conditional use process is not intended to allow for uses that are not specifically listed in the zoning ordinance to be permitted.

(Ord. 1163 § 1 (part), 2001)

17.80.020Applicability.

The provisions of this chapter shall apply to all uses that are listed as conditional in this title.

(Ord. 1163 § 1 (part), 2001)

17.80.030Procedure.

Conditional use permits shall be considered a Type III process pursuant to CEMC 17.100.

(Ord. 1163 § 1 (part), 2001)

17.80.040Submittal requirements.

All applications for conditional use permits shall contain the following information:

1. A completed application form signed by the owner(s) of the property subject to the application. If the applicant is not the property owner, a signed instrument authorizing the application is required.

2. A legal description of the subject property supplied by the Kittitas County, a title company or surveyor licensed in the state of Washington, and a current county assessors map(s) showing the property(ies) subject to the application.

3. A current assessors map quarter section map identifying the properties within three hundred feet of the subject site and the names and mailing addresses of all property owners of record.

4. The application fees specified by CEMC 16.48.

5. A site plan prepared according to CEMC I 7. 76 (site plan review section) that includes the proposal and its relationship to uses within three hundred feet of the subject property.

6. A written statement including:

a. A detailed description of the proposed use.

b. A description of how the proposal meets the approval criteria in 17.80.050.

c. An analysis of how the proposal is consistent with the City of Cle Elum comprehensive plan.

d. A detailed description of any mitigation measures proposed by the applicant to meet the approval criteria.

7. Other information that the city planner deems reasonably necessary to review to the application.

(Ord. 1163 § 1 (part), 2001)

17.80.050Criteria for granting conditional use permits.

A conditional use permit shall be granted only after the city has reviewed the proposed use and determined that it complies with the standards and criteria set forth in this subsection. A conditional use permit shall be granted only if the applicant demonstrates that:

1. The proposed use will be designed and operated in a manner which is compatible with the character, appearance, and operation of existing or proposed development in the vicinity of the subject property; and

2. The hours and manner of operation of the proposed use are not inconsistent with adjacent or nearby uses; and

3. The proposed use is compatible with the physical characteristics of the subject property and neighboring properties; and

4. The location, nature and intensity of outdoor lighting is such that it is consistent with the surrounding neighborhood and does not cast light or glare on adjoining properties; and

5. The proposed use is such i/wit pedestrian and vehicular traffic associated with the use will not be hazardous or conflict with existing and anticipated traffic in the neighborhood; and

6. The proposed use is capable of being served by public facilities and services, and will not adversely the level of service to surrounding areas; and

7. The proposed use is not detrimental to the public health, safety, or welfare; and

8. The proposed use is consistent with the goals and policies of the comprehensive plan; and

9. The subject site can accommodate the proposed use considering the size, shape, topography and drainage.

(Ord. 1163 § 1 (part), 2001)

17.80.060Special conditions.

Special conditions may be imposed on the proposed conditional use to ensure that the proposed use will meet the above standards and criteria. Guarantees and evidence regarding compliance with such conditions may be required.

(Ord. 1163 § 1 (part), 2001)

17.80.070Suspension, denial, or revocation of a conditional use permit.

A. Whenever the mayor determines that good cause exists for suspending, denying or revoking any issued or applied for conditional use permit, the mayor shall notify the person holding the license, by registered mail or hand delivery, of such determination. Good cause includes but is not limited to the mayor’s determination that a conditional use is not being operated as specified in a conditional use permit, or that a conditional use is violating conditions set forth in a conditional use permit. Notice mailed to the address on the license shall be deemed received three business days after mailing. The notice shall specify the grounds for suspension, denial or revocation.

B. The licensee or applicant may appeal the decision of the mayor suspending, denying, or revoking a conditional use permit by filing a written appeal with the city clerk within ten calendar days of receipt of the decision of the mayor. The written appeal must state the specific grounds for appeal and explain the manner in which the mayor’s decision was incorrect. The written appeal must be accompanied by an appeal fee of two hundred fifty dollars.

C. Only upon timely receipt of a written appeal and the appeal fee, the city clerk shall schedule a date for hearing the appeal before the city’s hearing examiner. Notice of the hearing will be mailed or otherwise delivered to the licensee or applicant.

D. The hearing shall be de novo. The burden of proof shall be on the city by a preponderance of the evidence. The hearing examiner may affirm, reverse or modify the mayor’s decision.

E. The decision of the hearing examiner shall be final. Any appeal of the decision of the hearing examiner shall be to Kittitas County Superior Court.

F. In addition to proceedings to suspend, deny, or revoke a conditional use permit under this chapter, the city may also pursue an action for public nuisance abatement or any other remedy available at law or inequity.

(Ord. 1387 § 1, 2013; Ord. 1163 § 1 (part), 2001)

17.80.080Change, enlargement or alterations.

Any change, enlargement, or alteration to an approved conditional use shall require the submittal and review of a new conditional use application. A one-time enlargement of a conditional use not to exceed a ten percent increase in size, number of visitors or increase in traffic may be permitted through the design review process. The transfer or change in owner or operator of the CUP shall require the submittal of a Type I application.

(Ord. 1163 § 1 (part), 2001)

17.80.090Permit approvals – Validity.

Permit approvals shall generally be valid for the time specified in CEMC 17.100. Certain uses may de approved for specific lengths of time where the use requires review to determine its appropriateness or conditions of approval.