Chapter 18.115
VARIANCE, CONDITIONAL USE, SPECIAL USE, AND ZONE RECLASSIFICATION PERMITS AND MODIFICATIONS
Sections:
18.115.040 Conditional use permit.
18.115.050 Special use permit.
18.115.060 Zone reclassification.
18.115.065 Permit expirations.
18.115.010 Purpose.
The purposes of this chapter are to allow for consistent evaluation of land use applications and to protect nearby properties from the possible effects of such requests by:
A. Providing clear criteria on which to base a decision;
B. Recognizing the effects of unique circumstances upon the development potential of a property;
C. Avoiding the granting of special privileges;
D. Avoiding development which may be unnecessarily detrimental to neighboring properties;
E. Requiring that the design, scope and intensity of development are in keeping with the physical aspects of a site and adopted land use policies for the area; and
F. Providing criteria which emphasize protection of the general character of neighborhoods. [Ord. 11-0329 § 3 (Exh. 1).]
18.115.030 Variance.
A variance shall be granted by the City only if the applicant demonstrates all of the following:
A. The strict enforcement of the provisions of this title creates an unnecessary hardship to the property owner;
B. The variance is necessary because of the unique size, shape, topography, or location of the subject property;
C. The subject property is deprived, by provisions of this title, of rights and privileges enjoyed by other properties in the vicinity and under an identical zone;
D. The variance does not create health and safety hazards, is not materially detrimental to the public welfare or is not unduly injurious to property or improvements in the vicinity;
E. The variance does not relieve an applicant from any of the procedural provisions of this title;
F. The variance does not relieve an applicant from any standard or provision that specifically states that no variance from such standard or provision is permitted;
G. The variance does not relieve an applicant from conditions established during prior permit review or from provisions enacted pursuant to Chapter 18.47 KMC, Property-Specific Development Standards/Special District Overlays;
H. The variance does not allow establishment of a use that is not otherwise permitted in the zone in which the proposal is located;
I. The variance does not allow the creation of lots or densities that exceed the base residential density for the zone by more than 10 percent;
J. The variance is the minimum necessary to grant relief to the applicant;
K. The variance from setback or height requirements does not infringe upon or interfere with easement or covenant rights or responsibilities; and
L. The variance does not relieve an applicant from any provisions of Chapter 18.55 KMC, Critical Areas, except for required buffer widths and building setbacks. Variances to the buffer width and building setback provisions of Chapter 18.55 KMC also are addressed in KMC 18.55.170. [Ord. 11-0329 § 3 (Exh. 1).]
18.115.040 Conditional use permit.
A conditional use permit shall be granted by the City only if the applicant demonstrates that:
A. The conditional use is designed in a manner which is compatible with the character and appearance of an existing or proposed development in the vicinity of the subject property;
B. The location, size and height of buildings, structures, walls and fences, and screening vegetation for the conditional use shall not hinder neighborhood circulation or discourage the permitted development or use of neighboring properties;
C. The conditional use is designed in a manner that is compatible with the physical characteristics of the subject property;
D. Requested modifications to standards are limited to those which will mitigate impacts in a manner equal to or greater than the standards of this title;
E. The conditional use is not in conflict with the health and safety of the community;
F. 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 neighborhood; and
G. 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. [Ord. 11-0329 § 3 (Exh. 1).]
18.115.050 Special use permit.
A special use permit shall be granted by the City only if the applicant demonstrates that:
A. The characteristics of the special use will not be unreasonably incompatible with the types of uses permitted in surrounding areas;
B. The special use will not materially endanger the health, safety and welfare of the community;
C. The special 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 neighborhood;
D. The special 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;
E. The location, size and height of buildings, structures, walls and fences, and screening vegetation for the special use shall not hinder or discourage the appropriate development or use of neighboring properties; and
F. The special use is not in conflict with the policies of the comprehensive plan or the basic purposes of this title. [Ord. 11-0329 § 3 (Exh. 1).]
18.115.060 Zone reclassification.
A zone reclassification shall be granted only if the applicant demonstrates that the proposal complies with the criteria for approval specified in KMC 19.30.210 and 19.30.220 and is consistent with the comprehensive plan and applicable functional plans. [Ord. 11-0329 § 3 (Exh. 1).]
18.115.065 Permit expirations.
A. Establishment of any use or development activity authorized pursuant to a conditional use permit or variance shall occur within four years of the effective date of the decision for such permit or variance. This period may be extended for one additional year by the city manager if the applicant has submitted the applications necessary to establish the use or authorize the development activity and has provided written justification for the extension.
B. For the purpose of this section, “establishment” shall occur upon the issuance of all local permit(s) for on-site improvements needed to begin the authorized use or development activity; provided, that the improvements or development activity authorized by such permits are completed within the timeframes of said permits.
C. Once a use, activity or improvement allowed by a conditional use permit or variance has been established, it may continue as long as all conditions of permit issuance are met.
D. Expiration dates for special use permits shall be determined through the land use decision process and shall be specified in the conditions of approval. [Ord. 11-0329 § 3 (Exh. 1).]
18.115.080 Modifications or expansions of uses or developments authorized by existing conditional use or special use permits – When use now permitted outright.
Proposed modifications or expansions to a use or development authorized by an existing conditional use or special use permit shall not require an amendment to the existing permit if the use is now permitted outright in the zone district in which it is located. [Ord. 11-0329 § 3 (Exh. 1).]
18.115.090 Modifications or expansions of uses authorized by existing conditional use or special use permits – Required findings.
Modifications or expansions approved by the department shall be based on written findings that the proposed modifications or expansions provide the same level of protection for and compatibility with adjacent land uses as the original land use permit. [Ord. 11-0329 § 3 (Exh. 1).]
18.115.100 Modifications and expansions – Uses or development authorized by existing conditional use or special use permits.
A. The department may review and approve an expansion of a use or development authorized by an existing conditional use or special use permit; provided, that:
1. The expansion shall conform to all provisions of this title and the original land use permit, except that the project-wide amount of each of the following may be increased up to 10 percent:
a. Building square footage;
b. Impervious surface;
c. Parking; or
d. Building height.
2. No subsequent expansions shall be approved under this subsection if the cumulative amount of such expansion exceeds the percentage prescribed in subsection (A)(1) of this section.
B. A conditional use permit shall be required for expansions within a use or development authorized by an existing conditional use permit if the expansions are not consistent with the provisions of subsection A of this section.
C. A special use permit shall be required for expansions within a use or development authorized by an existing special use permit, if the expansions are not consistent with the provisions of subsection A of this section.
D. This section shall not apply to modifications or expansions of telecommunication facilities, the provisions for which are set forth in Chapter 18.60 KMC, or to modifications or expansions of nonconformances, the provisions for which are set forth in KMC 18.100.070. [Ord. 11-0329 § 3 (Exh. 1).]