CHAPTER 20.52
CONDITIONAL USES
Sections:
20.52.020 General requirements.
20.52.040 Essential public facilities.
20.52.070 Public or private schools.
20.52.010 General provisions.
A. Application by a property owner for a conditional use shall be a Development Application by a Developer, according to the processes established in the Development Code. Conditional Uses shall be permitted only upon the approval of the Hearing Examiner, after expressly finding that the conditional uses will not be unduly detrimental to the purposes of the Comprehensive Plan or to adjacent and surrounding properties.
B. Permits for Conditional Uses shall set forth in writing any restrictions or conditions which may include but not be limited to, provisions for setbacks greater than the minimum requirements of the applicable Use District, suitable landscaping, off-street parking, and any other reasonable restrictions, conditions, or safeguards that would uphold the spirit and intent of the Zoning Code and mitigate any undue adverse effect upon the neighborhood properties or City as a whole.
C. Any authorized conditional use shall pertain only to the specific use and specific property considered by the Hearing Examiner. In the event of any change in Use not described fully in the Conditional Use Permit, an appropriate amendment to the original Conditional Use Permit must be made by the Hearing Examiner pursuant to the provisions of this chapter prior to being authorized.
D. In granting a permit for a conditional use, the Hearing Examiner may make such conditions regarding the conditional use as it may deem necessary to carry out the spirit and purpose of the Land Use Code, the Comprehensive Plan and the public interest, including without limitation a time period during which the conditional use shall be permitted, all of which shall be contained in a Development Agreement.
E. The conditional use shall apply only to the property and the applicant to which it was granted and may not be transferred to any other person or property.
F. Upon cessation of the conditional use, the Conditional Use Permit shall terminate. (Ord 07-201 §4 (Ex D); Ord 06-186 (Ex A))
20.52.020 General requirements.
Any Conditional Use shall meet the dimensional requirements of the Use District in which it is located, the applicable requirements for such Conditional Use established in the Zoning Code, and with the following evaluation criteria and general standards:
A. The proposed Use will be harmonious and in accordance with the general and specific objectives of the Comprehensive Plan and all sub-area plans.
B. The proposed Use will be designed, constructed, operated and maintained so as to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity.
C. The traffic generated by the proposed Use shall be mitigated so as not to burden the traffic circulation system in the vicinity.
D. The proposed Use will be adequately served by facilities and services such as highways, streets, law enforcement, fire protection, storm water drainage, refuse disposal, domestic water and sanitary sewers and schools; or that persons or agencies responsible for the establishment of the proposed Use shall provide adequate services.
E. The proposed Use will not create excessive additional requirements at public cost for public facilities and services.
F. The proposed Use will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or general welfare by reasons of excessive production of traffic, noise, smoke, fumes, vibration, glare or odors.
G. Proposed ingress and egress, driveway widths, parking and street improvements shall satisfy the Code.
H. Adequate buffering devices such as fencing, landscaping, or topographic characteristics shall be in place in order to mitigate and protect adjacent properties from potential adverse impacts of the proposed Use, including visual and/or auditory effects.
I. Conditional Use Permits shall comply with this Title and all applicable local, state and/or federal regulations.
J. The Hearing Examiner may, in addition to the standards and regulations specified in the Land Use Code, establish other conditions found necessary to protect the health, welfare, safety and interest of surrounding properties, the neighborhood and the City as a whole, including without limitation:
1. Increasing the required lot size or yard dimensions;
2. Limiting the coverage or height of buildings;
3. Mitigating traffic impacts through on-site and off-site improvements;
4. Increasing the number of off-street parking and loading requirements;
5. Limiting the number, location, design and size of signs and illumination devices;
6. Increasing required landscaping components to reduce noise and visual impacts, including glare;
7. Specifying time limits for construction and operation;
8. Requiring performance assurances acceptable to the City Attorney;
9. Specifying time frames for compliance review;
10. Imposing conditions to increase the liklihood a site may be reused in the event of a vacancy; and
11. Other conditions deemed appropriate to address the requirements and intent of the Land Use Code, other City regulations and the Comprehensive Plan. (Ord 08-234 §6 (Ex C); Ord 07-201, §4 (Ex D); Ord 06-186 (Ex A))
20.52.030 Churches.
In addition to the general requirements for Conditional Uses, the allowance of a Church as a Conditional Use shall satisfy the following:
A. Minimum lot area: ten thousand (10,000) square feet;
B. Minimum lot frontage on a public street: eighty (80) feet;
C. Maximum lot coverage: same as required in the zoning district in which the church is proposed to be located;
D. Minimum setback distances:
1. Front yard: same as required in the district in which the church is proposed to be located except, in residential districts the front yard setback shall be that required in the district plus one-half (1/2) foot for each foot that the building height exceeds twenty (20) feet; and
2. Rear yard: same as required in the district in which the church is proposed to be located; and
3. Side yard: same as required in the district in which the church is proposed to be located except in residential districts the side yard setback shall be fifteen (15) feet plus one-half (1/2) foot for each foot that the building height exceeds twenty (20) feet. (Ord 06-186 (Ex A))
20.52.040 Essential public facilities.
In addition to the general requirements for Conditional Uses, the allowance of Essential Public Facilities as a Conditional Use shall satisfy the following: specific siting criteria and performance standards will be generated on a case-by-case basis by the County-wide Advisory Project Analysis Committee and Site Evaluation Committee. Due to the extraordinary diversity of those types of facilities, this process has been designed to comply with the requirements of RCW 36.70A.200 and follow the process found in the Grant County-wide Planning Policies. (Ord 06-186 (Ex A))
20.52.070 Public or private schools.
In addition to the general requirements for Conditional Uses, the allowance of Public or Private Schools as a Conditional Use shall satisfy the following:
A. That a fifty (50) foot setback be observed on front, side, and rear yards.
B. That a bus loading area be provided outside of the public street rights-of-way.
C. That all playgrounds and playfields be enclosed by a fence or equivalent containment structure built to the maximum height allowed in the district for residential fences. (Ord 06-186 (Ex A))
20.52.080 Public service facilities.
In addition to the general requirements for Conditional Uses, the allowance of Public Service Facilities as a Conditional Use shall satisfy the following:
A. In residential districts, any proposed buildings shall be designed to harmonize with the residential structures of the neighborhood.
B. All setback requirements of the district shall be observed.
C. If the facility is of an outdoor nature, it shall be completely enclosed by a view obscuring fence or hedge at least six (6) feet in height and shall observe the restrictions that apply to fences in the District.
D. Proposed enclosures that exceed a height of six (6) feet shall observe the minimum setback requirements that apply to primary structures in the District. (Ord 06-186 (Ex A))
20.52.090 Large scale retail.
A. Findings; Intent; Standards. The City finds that Large Scale Retail Development can have a substantial impact on the City and its residents, such as, but not limited to, noise, traffic, community character, environment, and the local economy. To insure that Large Scale Retail Development is of a quality that enhances the character of the City, does not overwhelm its surroundings, and protects and contributes to the health, safety and welfare of the community, and in addition to the general requirements for all development, including Conditional Uses, the Hearing Examiner shall generally find that, based upon the impacts of a proposed Large Scale Retail Development (a "Proposed Development"), as identified, among other methods, by the Community Impact Assessment, the positive impacts of the Proposed Dse outweigh the negative impacts, or that sufficient enforceable controls and or conditions can be imposed which alleviate such negative impacts; and shall specifically find, as follows:
1. That municipal revenues arising from the completion and operation of the Proposed Development will offset the cost of providing municipal services to the Proposed Development;
2. That the Proposed Development will have a positive overall effect on the income of workers within the City, in that existing jobs will not be displaced and the median and household income within the City will not decrease;
3. The Proposed Development will fulfill a demonstrated demand for goods and services within the City not provided by existing businesses;
4. The Proposed Development will not result in the displacement of existing businesses within the City;
5. the level of revenue generated by the Proposed Development that is retained within the community will be commensurate with the level of such retention by other businesses within the City;
6. The operation of the Proposed Development will positively contribute to the overall welfare of the community;
7. The Proposed Development is adequately funded and will be owned and operated by a stable ownership and management group; and
8. Adequate provisions have been made for the reuse of the site on which the Large Scale Retail Development will operate if the Development ceases operations, for whatever reason.
B. Community Impact Assessment. The Application shall include a Community Impact Assessment (also, the "Study"), prepared by a qualified consultant selected by the City, at the Developer’s Cost. The purpose of the Assessment is to provide the City with sufficient information to conduct a detailed review of the Development and the proposed use of the Development (the "Proposal") which may have the potential for significantly impacting the City and its residents, enabling the City to identify such impacts, and provide for their mitigation. At a minimum, the Assessment and shall include:
1. Assumptions and Horizons: The Study shall include a comprehensive list of assumptions made in completing the Study. The City desires all development be accomplished with a view toward the long term. Therefore, the Study shall address impacts of the Development and the Proposed Use over both the short term (3 to 5 years) and the long term (10 years).
2. Fiscal and Municipal Services: A fundamental element of the City’s goal in planning for the future is that development should pay for the cost of development. Therefore, the Study shall identify the municipal services required by the Development, and shall measure the direct and indirect tax and utility revenues resulting from the Development, and conclude whether such revenues will offset the cost of such services.
3. Employment and Income: The City finds that a fundamental component of the health and welfare of its citizens is greatly influenced by permanent, year-round employment, with an opportunities for advancement, both financially, as well as responsibility. Therefore, the Study should assess the impact of the Proposed Development on the employment and income within the City, including without limitation:
i. The extent to which the Proposal will displace existing jobs in the City;
ii. The impact of the Proposal on the median and household income of the City;
iii. The types of jobs created by the Proposal, including their projected salaries, wages, and benefits, and how such jobs will compare to similar jobs currently existing in the City; and
iv. The source of labor for the Proposal.
4. Retail Services: The City finds that there is an unmet demand for specific retail services, and that enterprises which will provide goods and services to meet the existing demand within the City should be encouraged; but that the provision of goods and services where demand has already been met will likely cause an economic disruption to the City, will result in a deterioration of the City’s existing downtown business area and therefore should not be encouraged. Therefore, the Study shall assess whether and how the Development will affect the provision of overall retail services to the residents of the City, including without limitation:
i. Identification of the anticipated market area of the Proposal;
ii. Whether the Proposal adds a retail activity for which there is demonstrated demand by the City and the anticipated market area;
iii. The extent to which the Proposal will affect market leakage of retail activity;
iv. Whether the Proposal is likely to result in the displacement of existing businesses; and
v. The extent to which the Proposal will contribute to or draw business from existing business within the City and the anticipated market area of the Proposal.
5. Impact on the Community: The City desires that its business community be composed of enterprises interested not only in being financially successful, but in investing in the overall welfare of the community, including not only its residents and visitors, but the physical nature of the City, and its character. Therefore, the Study assess how the Proposal will impact community life, including without limitation:
i. The extent to which the Developer will contribute to community life, based upon the Developer’s history in other communities, including without limitation, active membership in community organizations, the hiring of local residents, and to what positions, and financial contributions to community activities;
ii. Estimates of how much revenue generated by the Proposed Development will be retained and redirected into the economy of the City and the anticipated market area;
iii. That the Proposed Development will be operated in a manner that preserves the City’s distinctive character, ambiance and small size and historic nature;
iv. The extent to which the Proposed Development will contribute to a healthy and vibrant downtown business community;
v. The extent to which the Proposed Development avoid the concentration of formula businesses and/or retail establishments;
vi. The extent to which the Proposed Development will promote diversity and variety to assure a balanced mix of commercial uses available to serve both resident and visitor populations;
vi. The extent to which the Proposed Development will contribute to an appropriate balance of local, regional or national-based businesses and small, medium and large sized businesses in the City;
6. Business Structure: The City finds that the potential for the success of any enterprise, and it being a successful participant in the City’s economy is substantially influenced by a stable ownership and management structure, and that it is well financed. Therefore, the Study should review the key proponents of the Proposed Development, and the structure of its organization, including:
i. The identities of the principal owners, and the ownership structure of the Proposed Development;
ii. The management structure of the Proposed Development, and whether it will be staffed by existing residents or new residents, and the structure of wages, salaries and other benefits;
iii. Ownership structure of the real property on which the Proposed Development will be located;
iv. If the real property on which the Proposed Development is not owned by the proponents of the Proposed Development, the terms of use;
v. Whether there are any restrictions on the uses of the real property on which the Proposal will be operated; and
vi. An assessment of the Developer’s financial ability to complete the Development and successfully operate the Proposed Use on a long term basis;
C. Reuse of Site. The Application shall include potential plans for the reuse of the site in the case the Projected Use ceases, for whatever reason. Such plans may include, and are not limited to:
1. Abandoned Building Surety Bond. A performance/surety bond providing for demolition of the primary building or buildings, which shall provide the funds necessary to cover the anticipated cost of complete building demolition and maintenance of the vacant building site if the primary structure is vacated or abandoned, and remains vacant or abandoned for a period of more than twelve (12) consecutive months following closure of the Primary Use;
2. Lease Standards. Any lease of a portion of the Development which is greater than ten thousand (10,000) square feet shall include a provision which authorizes the landlord to lease such premises to another person or company in the event the tenant voluntarily vacates such premises or otherwise ceases to conduct its retail business on the premises, and that the landlord agrees to market the subject premises for sale or lease at a fair value;
3. Design Elements. Buildings shall include specific elements for adapting the building for multi-tenant use, which may include, but are not limited to, compartmentalized construction, including plumbing, electrical service, heating, ventilation, and air conditioning. The building design shall also allow for the interior subdivision of the structure into separate tenancies, facades that readily adapt to multiple entrances and adapt to entrances on all but one side of the building; parking lot schemes that are shared by establishments or are linked by safe and functional pedestrian connections; landscaping schemes that compliment the multiple entrance design; and other elements of design which facilitate the multi-tenant re-use of the building and site.
4. Real Property Restrictions. Verification that there are no restrictions on the ownership of the property, or leasing of the site which inhibits marketing for sale or lease of the site. (Ord 09-234 §6 (Ex C))