Chapter 18.20
DISCRETIONARY PERMITS AND ADMINISTRATIVE DECISIONS REVIEW CRITERIA
Sections:
18.20.020 Administrative interpretations.
18.20.030 Administrative use permit.
18.20.050 Design standards review.
18.20.060 Public facilities permit.
18.20.010 Purpose.
The purpose of this section is to establish the procedures and decision criteria for a variety of permits that involve discretion or a recommendation or decision made by the designee, planning commission, or other hearing body as appropriate. An interpretation of the provisions of this chapter clarifies conflicting or ambiguous wording, or the scope or intent of the provisions of this chapter. An interpretation of the provisions of this chapter may not be used to amend this chapter. (Ord. 548 § 2 (Exh. A) (part), 2007)
18.20.020 Administrative interpretations.
A. The purpose of an administrative interpretation is to provide a degree of flexibility in the administration of this division while following the intent of the city council. Administrative interpretations are subject to applicable requirements of Process I applications pursuant to Section 18.16.080, Process I—Administrative approval. A decision by the designee as to the meaning, application or intent of any development regulation in this chapter is known as an interpretation. An interpretation may be requested in writing by any person or may be initiated by the designee. This section establishes the procedure and criteria that the city will use in deciding, upon a written request, to interpret the provisions of this chapter and in issuing any other written interpretation of this chapter. The interpretation of the provisions of a concomitant agreement will be treated as an interpretation of this chapter. Any appeals of an interpretation by the designee under this section may be appealed to the city council as provided for in this division.
B. The designee shall make all interpretations of this division. Official interpretations shall be written and maintained in an orderly, retrievable record. Such administrative interpretations shall include determinations of uses permitted in the various districts, and approval or disapproval of development plans and zoning decisions. Other interpretations may be made as specific circumstances arise which require such interpretations.
C. Interpretations of Text.
1. The more restrictive provision shall govern where the conditions imposed by one provision of this division are less restrictive than comparable conditions imposed by any other provisions of this division.
2. The most restrictive shall apply whenever the requirements of this division differ from the requirements of any other laws, ordinances, regulations, covenants or codes.
3. Except where specifically noted, examples of uses listed in this division are intended to typify but not be an inclusive list or limit allowable uses and shall be used to identify appropriate zones and regulatory levels for a given use based on substantial similarity, in terms of activities, intensity, size, and performance, to a listed use.
D. Land uses that are listed as primary uses in each zoning district shall be permitted subject to the review processes, standards, and regulations specified in Division 2 of this title. If a use is not listed as a use in a zoning district, it shall be considered to be a prohibited use. However, it is inevitable that certain valid, justifiable uses of land will be missing from the listings of uses permitted in various zoning districts; therefore, the city designee is authorized to make an administrative interpretation pursuant to subsection (D)(1) of this section.
1. If a proposed use is not specifically listed, an applicant may request an interpretation from the designee as to whether or not such use is a permitted use. In determining whether a proposed use closely resembles a use expressly authorized in the applicable zoning district(s), the designee shall examine the characteristics of the development and use and shall make a determination as to what zone(s) the development and use may be allowed as a primary permitted use, permitted with an administrative use permit, or a conditional use permit based on the following criteria:
a. The requested use is substantially similar to the listed uses permitted in the district in which the request is being sought, as opposed to its similarity to the listed uses permitted in other districts based on the following criteria:
i. The activities involved in or equipment or materials employed in the use;
ii. The effects of the use on the surrounding area, such as traffic impacts, noise, dust, odors, vibrations, lighting and glare, impacts on public services and facilities, and aesthetic appearance; and
iii. The use has a high degree of potential to be consistent, compatible, and homogenous with listed uses.
b. The use is consistent with the stated purpose of the applicable district or districts.
c. The use is compatible with the applicable goals and policies of the comprehensive plan.
2. Unlisted developments and uses for which the designee has made an administrative interpretation as to appropriate zone and type similarity shall be considered to constitute an official interpretation and shall subsequently be applied and used for future administration in reviewing other proposals. The designee shall report such decisions to the planning commission when it appears necessary to amend this code.
3. The designee’s determination is classified as a Process I application and shall be processed and subject to the applicable requirements of Section 18.16.080, Process I—Administrative approval, and may be appealed as provided in Section 18.16.090, Process II—Administrative action.
E. Where uncertainty exists as to any of the zone boundaries as shown on the zoning map, the following rules shall apply:
1. A boundary shown on the zoning map as approximately following a lot line or parcel boundary shall be construed as following the lot line or parcel boundary as it actually existed at the time the zoning boundary was established. If, subsequent to the establishment of the zoning boundary, a lot line should be moved as a result of a legally performed boundary line adjustment, the zoning boundary shall be construed as moving with the lot line only if the lot line is moved no more than ten (10) feet and remains generally parallel to the original line.
2. A boundary shown on the zoning map as approximately following a creek, lake, or other watercourse shall be construed as following the actual centerline of the watercourse. If, subsequent to establishment of the boundary, the centerline of the watercourse should move as a result of natural processes, the boundary shall be construed as moving with the centerline of the watercourse.
3. A boundary shown on the zoning map as approximately following a ridgeline or topographic contour line shall be construed as following the actual ridge or contour line. If, subsequent to the establishment of the boundary, the ridge or contour line should move as a result of natural processes, the boundary shall be construed as moving with the ridge or contour line.
4. A boundary shown on the zoning map as approximately following a street or railroad line shall be construed as following the centerline of the street or railroad right-of-way. If, subsequent to the establishment of the boundary, the centerline of the street or railroad right-of-way should be moved as a result of its widening or minor realignment (such as at an intersection), the boundary shall be construed as moving with the centerline only if the centerline is moved no more than twenty (20) feet.
5. Whenever any street or other public right-of-way is vacated in the manner prescribed by law, the zoning district adjoining each side of said street or other public right-of-way shall be automatically extended to the centerline of the former street or other public right-of-way, and all of the area included in the vacation shall then and henceforth be subject to all regulations of the extended districts.
6. Whenever a single lot one acre or less in size is located within two or more different zoning districts, the district regulations applicable to the district within which the larger portion of the lot lies shall apply to the entire lot.
7. Whenever a single lot greater than one acre in size is located within two or more different zoning districts, each portion of that lot shall be subject to all the regulations applicable to the district in which it is located.
8. If the specific location of a zoning boundary line cannot be determined from application of the above rules to the zoning map, it shall be determined by the use of the scale designated on the zoning map.
9. Where questions still arise concerning the exact location of a district boundary, the designee shall interpret the zone boundaries.
F. The definition of any word or phrase not listed in this division which is in question when administering this division shall be defined from one of the following sources that are incorporated herein and adopted by reference. Said sources shall be utilized to find the desired definition in the order listed as follows: the city of Rainier development regulations, the city of Rainier comprehensive plan, any other portion of the Rainier Municipal Code or other city resolutions, ordinances, or regulations; any statute or regulation of the state of Washington (i.e., the most applicable); legal definitions from applicable case law; legal definitions from the most recent edition of Black’s Law Dictionary, Moskowitz and Lindbloom, 1993, The New Illustrated Book of Development Definitions, Webster’s, or other common dictionary.
G. Applications.
1. Any person, personally or through an agent, may make application for an interpretation.
2. The applicant shall file a completed master land use application along with a written description, which at a minimum clearly states:
a. The interpretation requested;
b. The applicable Rainier Municipal Code section(s) which the applicant requests the designee to interpret; and
c. Relevant information and arguments that support the requested interpretation.
3. With the application, the applicant shall submit the fee established by the city. The application shall not be accepted unless the required fee accompanies it.
4. The designee may modify the submittal requirements as deemed appropriate.
5. An application for an interpretation shall be routed to the community development department. The designee may route an application for interpretation to other staff members or departments for review and comment.
H. The designee may act on initiative, or in response to a written inquiry in the format outlined in subsection (G) of this section, to issue interpretations of any of the provisions of this chapter.
1. A code interpretation requested by a person other than the project proponent or property owner must be requested prior to the date of expiration of any applicable administrative appeal period for a land use decision on the application to which the request relates. Any code interpretation requested after the applicable administrative appeal period shall not affect any issued permit or prior decision.
2. The designee shall base an interpretation on:
a. The defined or the common meaning, as applicable, of the words in the provision;
b. The general purpose of the provision as expressed in the provision; and
c. The logical or likely meaning of the provision viewed in relation to the comprehensive plan, this chapter, the Rainier Municipal Code as a whole, or other plans and studies prepared or adopted by the city.
3. The designee shall mail a written response to any person filing a written request to interpret the provisions of this chapter within twenty-eight (28) days of having received that request.
4. An interpretation of this chapter will be enforced as if it is part of this chapter.
5. The designee shall maintain an interpretation file that contains all interpretations of this chapter that are in effect. The interpretation file shall be available for public inspection to copy at the city during regular business hours.
6. An interpretation of the provisions of this chapter remains in effect until rescinded in writing by the designee or until the subject text of this chapter has been amended consistent with this section.
7. Interpretations issued by the designee that are related to a land use or subdivision application shall be incorporated into the decision and be subject to applicable notice provisions for the decision. Interpretations issued by the designee that are not related to a land use or subdivision application shall be subject to the notice provisions under this section.
a. The designee shall prepare a notice of each interpretation that is not related to a land use or subdivision application, containing the following information:
i. The citation, if any, of the provision(s) of the Rainier City Code that is the subject of the interpretation along with a brief description of the subject provision(s).
ii. A summary statement of the interpretation of the affected provision.
iii. The date of the interpretation.
iv. A statement of the availability of the official file.
v. A summary of the rights, as established in this article, of any person to submit an appeal of the interpretation.
vi. The deadline for filing appeals of the interpretation.
b. Upon issuance of the interpretation, the designee shall distribute this notice of the interpretation as follows:
i. Published in the official newspaper of the city.
ii. Posted on each of the official notification board of the city and public library located in the city.
8. Any person who is aggrieved by an interpretation issued by the designee may appeal that interpretation within fourteen (14) days of the date of interpretation.
a. The appellant must file a letter of appeal indicating how the interpretation affects his or her property and presenting any relevant arguments or information on the correctness of the interpretation. The applicant shall include appeals fees as established by the city. The appeal will be considered incomplete unless it is accompanied by the required fee.
b. An appeal of an interpretation of this chapter will be reviewed and decided upon using the process for appeals outlined in Section 18.16.100, Process III—Planning commission decisions.
c. If the interpretation of the designee is modified, the designee shall:
i. Place the modifying decision in the interpretation file; and
ii. Change or remove, as appropriate, the interpretation that was modified. (Ord. 575 § 8, 2009; Ord. 548 § 2 (Exh. A) (part), 2007)
18.20.030 Administrative use permit.
A. The purpose of this section is to establish an administrative review process and decision criteria to evaluate proposed land uses that, due to unique qualities or circumstances, may require some additional regulation or control. The administrative use permit (AUP) process is intended to ensure that the proposed activity, if established, will be in full compliance with applicable regulations, that the unique qualities of the use are addressed and mitigated, and that such use is compatible with the comprehensive plan and adjacent uses.
B. Existing Uses.
1. Any use existing at the time of adoption of the ordinance codified in this division that is within the scope of uses requiring an administrative use permit in the zoning district in which the property is situated shall be deemed a conforming use without necessity of obtaining an AUP.
2. Any expansion of an existing administrative use shall be required to apply for a new AUP if the designee finds that there is a change in the nature of the use or a significant change in the intensity of the use created by such an expansion.
3. Any use operating under the provisions of an existing AUP at the time of adoption of the ordinance codified in this division that is within the scope of uses requiring an AUP in the zoning district in which the property is situated shall be deemed a conforming use without necessity of a new AUP, unless a proposed expansion would result in a change in the nature of the use or a significant change in the intensity of the use created by such an expansion.
4. Any use operating under the provisions of an existing AUP at the time of adoption of the ordinance codified in this division which is within the scope of primary permitted uses in the applicable zoning district shall be deemed a conforming use.
C. An AUP is a Process II application type and subject to all the procedural requirements applicable to this application type.
1. An applicant proposing to develop an administrative use shall provide facts and evidence to enable the designee to make a determination. The application shall be on the form prescribed by the community development department and shall include all of the information and materials required by the application form. The established fee shall be submitted at time of application.
2. Administrative use permit applications shall be filed with the city, and circulated for review and comment by city staff.
D. The designee shall approve an AUP only if all of the following findings can be made regarding the proposal and are supported by the record:
1. The approval of the proposed AUP will not be detrimental to the public health, safety, and general welfare; nor will it be injurious to, or adversely affect, the uses, property, or improvements adjacent to and in the vicinity of the site upon which the proposed use is proposed to be located;
2. The approval of the proposed AUP is consistent and compatible with the intent of goals, objectives and policies of the comprehensive plan and any other city ordinances;
3. The proposed use and the project design comply with the zoning district and all applicable development regulations;
4. All conditions necessary to mitigate the impacts of the proposed use have been included in the project design or approval, and are capable of being monitored and enforced;
5. All requirements for a specific use have been addressed by the applicant.
E. When granting an administrative use permit, the designee may attach specific conditions to the permit that will serve to accomplish the standards, and/or meet the criteria, and policies established in the comprehensive plan and this division. The designee may deny an application for an AUP if the establishment of the use would be incompatible with the surrounding area or incapable of complying with specific standards set forth in this code, or if any of the above-required findings are not supported by evidence in the record as determined by the designee.
1. In addition to demonstrating compliance with the criteria as determined by subsection (D) of this section, the applicant shall accept those conditions that the city designee finds are appropriate to obtain compliance with the criteria as listed below;
2. In permitting an administrative use, the designee may impose any of the following conditions:
a. Limit the manner in which the use is conducted, including restricting the time an activity may take place and restraints to minimize such environmental effects as noise, vibration, air pollution, glare and odor.
b. Establish a special yard or other open space, lot area or dimension.
c. Limit the height, size or location of a building or other structure.
d. Designate the size, number, location or nature of vehicle access points.
e. Increase the amount of street dedication, roadway width or improvements within the street right-of-way.
f. Designate the size, location, screening, drainage, surfacing or other improvement of a parking or truck loading area.
g. Limit or otherwise designate the number, size, location, and height of lighting of signs.
h. Limit the location and intensity of outdoor lighting or require its shielding.
i. Require screening, landscaping or another facility to protect adjacent or nearby property and designate standards for installation or maintenance of the facility.
j. Design the size, height, location or materials for a fence.
k. Protect existing trees, vegetation, water resources, wildlife habitats or other significant natural resources.
l. Require provisions for public access, physical and visual, to natural, scenic and recreational resources.
m. Require provisions for stormwater drainage including designating the size, location, screening, or other improvements of detention ponds and other facilities.
n. Impose special conditions on the proposed development to ensure that development is in conformance with the surrounding neighborhood and the intent and purpose of the zoning district classification.
o. Require such financial guarantees and evidence that any applied conditions will be complied with.
F. Authorization of an AUP shall be void after a period of one year unless the use has begun within that time or substantial construction or action pursuant thereto has taken place. However, the city may, at the discretion of the designee, extend authorization for six additional months upon request, provided such request is submitted in writing at least thirty (30) days, but not more than sixty (60) days, prior to the expiration of the permit, with payment of appropriate fees as listed in the current fee schedule. (Ord. 548 § 2 (Exh. A) (part), 2007)
18.20.040 Conditional use.
A. This section is to establish procedures and decision criteria for uses that possess unique characteristics and are of such a nature that they may not be appropriate for every location within a given zoning district. Conditional uses are those uses deemed unique due to factors such as size, technological processes, equipment, or location with respect to surroundings, streets, existing improvements, or demands upon public facilities. Such uses require a special degree of review and control to ensure compatibility with the comprehensive plan and adjacent uses.
B. Any use existing at the time of adoption of the ordinance codified in this division that is within the scope of uses requiring a conditional use permit (CUP) in the zoning district in which the property is situated shall be deemed a conforming use without necessity of obtaining a CUP.
1. Any expansion of an existing conditional use shall be required to apply for a new CUP if the designee finds that there is a change in the nature of the use or a significant change in the intensity of the use created by such an expansion.
2. Any use operating under the provisions of an existing conditional use permit/public facilities permit at the time of adoption of this division that is within the scope of uses requiring a CUP in the zoning district in which the property is situated shall be deemed a conforming use without necessity of a new CUP, unless a proposed expansion would result in a change in the nature of the use or a significant change in the intensity of the use created by such an expansion.
3. Any use operating under the provisions of an existing CUP at the time of adoption of this division that is within the scope of primary permitted uses within the applicable zoning district shall be deemed a conforming use.
C. Application for a Conditional Use Permit.
1. A CUP is a Process III application type and subject to all the procedural requirements applicable to this application type.
2. CUP applications shall be on the form prescribed by the city and shall include all of the information and materials required by the application form. An applicant shall provide sufficient facts and evidence to enable the planning commission to make a decision. The established fee shall be submitted at time of application.
3. Applications for CUP shall be filed with the city and be circulated and reviewed for comment by city staff.
4. Notice of application shall be provided pursuant to Section 18.16.180, notice of application.
5. Public notices shall be pursuant to Section 18.16.180, notice of application.
6. Public hearings shall be pursuant to Section 18.16.190, Notice of public hearing.
7. A CUP shall only be granted after the planning commission has reviewed the proposed use and has made written findings that all of the standards and criteria set forth below have been met or can be met, subject to conditions of approval:
a. The size of the site is adequate for the proposed use, including all facilities and amenities that are required by this division or desired by the applicant;
b. The proposed use will not be detrimental to the public health, safety, and general welfare of the community and will not introduce hazardous conditions at the site that cannot be mitigated to protect adjacent properties;
c. The topography, soils, and other physical characteristics of the site are appropriate for the use and potential problems due to weak foundation soils can be eliminated or reduced to the extent necessary to avoid hazardous situations;
d. The proposed use will not be injurious to, or adversely affect, the uses, property, or improvements adjacent to, or in the vicinity of, the site upon which the proposed use is to be located;
e. The proposed use will be compatible with adjacent land uses and consistent with the character of the surrounding area;
f. Adequate water, sewer/septic, storm drainage, schools, electrical, police, and fire protection facilities and services will support the proposed use. The use will not overburden or adversely affect said public facilities and services;
g. The traffic generated by the proposed use will not unduly burden the traffic circulation system in the vicinity;
h. An adequate site layout is proposed for on-site circulation and transportation activities, considering the potential impacts of the proposed use on traffic flow and control, emergency vehicle movements and safety associated with the suitability of access points, on-site drives, parking, loading and unloading areas, refuse collection and disposal points, sidewalks, bike paths, or other transportation facilities required by this division or desired by the applicant;
i. The proposed use will cause no unreasonably adverse effects to wetlands, shorelands, wildlife habitat, and other critical areas;
j. The public interest will suffer no substantial detrimental effect;
k. Buffering devices such as fencing, landscaping or topographic characteristics adequately protect adjacent properties from adverse effects of the proposed use, including adverse visual or auditory effects;
l. The granting of the proposed conditional use is consistent and compatible with the intent of the goals, objectives and policies of the comprehensive plan. For essential public facilities, the planning commission shall balance the goals and policies of the comprehensive plan, the intent of this code, and the public need for the proposed facility;
m. The proposed use complies with the appropriate development and performance standards and all other applicable provisions of the city of Rainier development standards;
n. All conditions necessary to lessen any impacts of the proposed use have been included in the project design or will be required as conditions of approval pursuant to Section 18.16.100, Process III—Planning commission decisions;
o. In addition to demonstrating compliance with the criteria as determined by the planning commission, the applicant shall accept those conditions that the commission finds appropriate to obtain compliance with the criteria.
i. In permitting a conditional use, the commission may impose any of the following conditions:
(A) Limit the manner in which the use is conducted, including restricting the time an activity may take place and restraints to minimize such environmental effects such as noise, vibration, air pollution, glare and odor.
(B) Establish a special yard or other open space, lot area or dimension.
(C) Limit the height, size or location of a building or other structure.
(D) Designate the size, number, location or nature of vehicle access points.
(E) Increase the amount of street dedication, roadway width or improvements within the street right-of-way.
(F) Designate the size, location, screening, drainage, surfacing or other improvement of a parking or truck loading area.
(G) Limit or otherwise designate the number, size, location, and height of lighting of signs.
(H) Limit the location and intensity of outdoor lighting or require its shielding.
(I) Require screening, landscaping or another facility to protect adjacent or nearby property and designate standards for installation or maintenance of the facility.
(J) Design the size, height, location or materials for a fence.
(K) Protect existing trees, vegetation, water resources, wildlife habitats or other significant natural resources.
(L) Require provisions for public access, physical and visual, to natural, scenic and recreational resources.
(M) Require provisions for stormwater drainage including designating the size, location, screening, or other improvements of detention ponds and other facilities.
(N) Impose special conditions on the proposed development to ensure that development is in conformance with the surrounding neighborhood and the intent and purpose of the zoning district classification.
(O) Require such financial guarantees and evidence that any applied conditions will be complied with.
(P) Require appeals to be pursuant to Section 18.16.090(L), Process II—Administrative action.
ii. Authorization of a conditional use shall be void after a period of one year unless the use is begun within that time or substantial construction or action pursuant thereto has taken place. However, the city may extend authorization for one additional year upon request, provided such request is submitted in writing at least thirty (30) days but not more than sixty (60) days prior to expiration of the permit with payment of appropriate fees as listed in the current fee schedule at the discretion of the designee. (Ord. 548 § 2 (Exh. A) (part), 2007)
18.20.050 Design standards review.
A. Design standards review is an administrative process to implement and give effect to the comprehensive plan, its policies, or parts thereof, through the adoption of design criteria for development relative to site layout, landscape, architecture, and exterior structure design. It is the intent of the city that this process will serve to aid applicants in understanding the principal expectations of the city concerning design, and to encourage a diversity of imaginative solutions to development through the review and application of the design standards.
B. The adoption of the design guidelines is an element of the city’s regulation of land use, which is statutorily authorized. The design standards review process adopted herein is established as a Process I administrative function delegated to the designee pursuant to Chapter 35A.11 RCW. Therefore, in implementing the administrative design standards review process, the city council may adopt such rules and procedures as are necessary to provide for expeditious review of proposed projects. In the administration of this process, the designee may develop supplementary handbooks for the public, which shall pictorially illustrate and provide additional guidance on the interpretation of the design standards established, as well as provide a detailed explanation of the design standards review process.
C. Design standards review is a Process I application type and subject to all the procedural requirements applicable to this application type.
1. Design standards review applications shall be on a form prescribed by the city and shall include all of the information and materials required by the application form. An applicant shall provide sufficient facts and evidence to enable the designee to make a decision. The established fee shall be submitted at time of application.
2. Applications for design standards review shall be filed with the community development department.
3. The designee shall provide the applicant with a written decision approving, denying, or approving the application with modifications and/or conditions of approval.
D. The decision of the designee under the administrative design standards review process is final unless an appeal is made in accordance with the requirements of Section 18.16.090(L), Process II—Administrative action. (Ord. 548 § 2 (Exh. A) (part), 2007)
18.20.060 Public facilities permit.
A. This process is intended to ensure that public facilities (PF) as needed to support orderly growth and delivery of public services are sited in a timely and efficient manner. It is also intended to provide the city with additional regulatory authority to require mitigation of impacts that may occur as a result of essential PF siting. Finally, it is intended to promote enhanced public participation that will produce siting decisions consistent with community goals. Public facilities are public or privately owned or operated facilities serving a public purpose that are typically difficult to site. They include but are not limited to: airports, state educational facilities, state or regional transportation facilities, prisons, jails and other correctional facilities, and solid waste handling facilities pursuant to WAC 365-195-340(a), Siting Essential Public Facilities. In addition, other public facilities that are regulated and permitted pursuant to this section are identified in Section 18.40.080, Utilities use category.
B. Any use existing at the time of adoption of the ordinance codified in this division, which is within the scope of uses requiring a public facilities permit (PFP) in the zoning district in which the property is situated, shall be deemed a conforming use without the necessity of obtaining a PFP.
1. Any expansion of an existing public facility use shall be required to apply for a new PFP if the designee finds that there is a change in the nature of the use or a significant change in the intensity of the use created by such an expansion.
2. Any use operating under the provisions of an existing conditional use permit at the time of adoption of the ordinance codified in this division, which is within the scope of uses requiring a PFP in the zoning district in which the property is situated, shall be deemed a conforming use without the necessity of a new PFP, unless a proposed expansion would result in a change in the nature of the use or a significant change in the intensity of the use created by such an expansion.
3. Any use operating under the provisions of an existing PFP at the time of adoption of the ordinance codified in this division, which is within the scope of primary permitted uses within the applicable zoning district, shall be deemed a conforming use.
C. A PFP is a Process III application type and is subject to all the procedural requirements applicable to this application type.
1. The PFP use types and permitted zones are identified in Chapter 18.40, Land Use Zones.
2. PFP applications shall be on the form prescribed by the community development department and shall include all of the information and materials required by the application form in order to be accepted as complete by the city. An applicant shall provide sufficient facts and evidence to enable the planning commission to make a decision. The established fee shall be submitted at time of application.
3. Applications for PFPs shall be filed with the community development department. The PFP application shall be reviewed and circulated for comment by city staff.
4. Notice of application shall be provided pursuant to Section 18.16.180, notice of application.
D. A PFP shall be pursuant to Section 18.16.190, Notice of public hearing.
E. A PFP shall only be granted after the planning commission has reviewed the proposed use and has made written findings that all the standards and criteria set forth below have been met or can be met subject to conditions of approval:
1. The project applicant has demonstrated a need for the project, as supported by an analysis of the projected service population, an inventory of existing and planned comparable facilities, and the projected demand for the type of facility proposed.
2. If applicable, the project would serve a significant share of the city’s population, and the proposed site will reasonably serve the project’s overall service population.
3. The applicant has reasonably investigated alternative sites, as evidenced by a detailed explanation of site selection methodology.
4. The project is consistent with the applicant’s own long-range plans for facilities and operations.
5. The applicant’s public participation plan has provided an opportunity for public participation in the siting decision and mitigation measures that is appropriate in light of the project’s scope.
6. The project will not result in a disproportionate burden on a particular geographic area.
7. The proposed project shall comply with all applicable provisions of the comprehensive plan, development standards, SEPA, and other federal, state and local statute, codes and ordinances.
8. The project site meets the facility’s minimum physical site requirements, including projected expansion needs. Site requirements may be determined by the minimum size of the facility, access, support facilities, topography, geology, and on-site mitigation needs.
9. The project site, as developed with the proposed facility and under the proposed mitigation plan, is compatible with surrounding land uses.
10. The applicant has proposed mitigation measures that substantially reduce or compensate for adverse impacts on the environment.
F. Action of Planning Commission. In addition to demonstrating compliance with the criteria as determined by the commission, the applicant shall accept those conditions that the commission finds appropriate to obtain compliance with the criteria. The planning commission may impose any of the following conditions:
1. Limit the manner in which the use is conducted, including restricting the time an activity may take place and restraints to minimize such environmental effects as noise, vibration, air pollution, glare and odor.
2. Establish a special yard or other open space or lot area or dimension.
3. Limit the height, size or location of a building or other structure.
4. Designate the size, number, location or nature of vehicle access points.
5. Increase the amount of street dedication, roadway width or improvements within the street right-of-way.
6. Designate the size, location, screening, drainage, surfacing or other improvement of a parking or truck loading area.
7. Limit or otherwise designate the number, size, location, and height of lighting of signs.
8. Limit the location and intensity of outdoor lighting or require shielding.
9. Require screening, landscaping or another facility to protect adjacent or nearby property and designate standards for installation or maintenance of the facility.
10. Design the size, height, location or materials for a fence.
11. Protect existing trees, vegetation, water resources, wildlife habitats or other significant natural resources.
12. Require provisions for public access, physical and visual, natural, scenic and recreational resources.
13. Require provisions for stormwater drainage, including designating the size, location, screening, or other improvements of detention ponds and other facilities.
14. Impose special conditions on the proposed development to ensure that development is in conformance with the surrounding neighborhood and the intent and purpose of the zoning district classification.
15. Require such financial guarantees and evidence that any applied conditions will be adhered to.
G. Appeals shall be pursuant to Section 18.16.090(L), Process II—Administrative action.
H. Authorization of a public facility use shall be void after a period of one year unless the use began within that time or substantial construction or action pursuant thereto has taken place. However, the city may extend authorization for one additional year upon request, provided such request is submitted in writing at least thirty (30) days and not more than sixty (60) days prior to expiration of the permit at the discretion of the designee. (Ord. 616 § 4 (part), 2012; Ord. 548 § 2 (Exh. A) (part), 2007)
18.20.080 Variances.
A. The intent of this section is to provide an avenue of relief where, by reason of exceptional configuration, or by reason of other unique and extraordinary situations or conditions existing on a piece of property, the strict application of this division would result in peculiar, exceptional and undue hardship upon the owner of such property, which was not the result of actions of the applicant, property owner or a previous property owner or agent.
B. Administrative variances shall not relieve an applicant from any of the procedural provisions of this division, conditions of approval established during prior permit review, or any of the provisions of the critical areas code, except for the required buffer widths. The variance process shall not allow the establishment of a use that is not otherwise permitted in the zoning district in which the proposal is located, nor allow an increase in density or reduction in the standard lot size.
C. Administrative Variances. The designee shall have the authority to grant an administrative variance for up to twenty percent (20%) of the numerical standards for building setbacks from lot lines, lot coverage, and impervious surface coverage as provided in this division.
1. An administrative variance is a Process II application type and subject to all the procedural requirements applicable to this application type.
a. Applications for administrative variances shall be on the form prescribed by the city and shall include all of the information and materials required by the application form. An applicant shall provide sufficient facts and evidence to enable the designee to make a decision.
b. Applications for administrative variances shall be filed with the community development department.
2. The designee may grant an administrative variance if it is shown that it:
a. Does not detract from the desired character and nature of the vicinity in which it is proposed; and
b. Enhances or protects the character of the neighborhood and/or the vicinity by protecting natural features, historic sites, open space, or other resources; and
c. Does not interfere with or negatively impact the operations of existing land uses and all legally permitted uses within the zoning district it occupies; and
d. Does not constitute a threat to the public health, safety and general welfare within the city; and
e. Is the minimum adjustment necessary for the reasonable use of the land.
3. Authorization of an administrative variance shall be void after a period of one year unless the use is begun within that time or substantial construction or action pursuant thereto has taken place. However, the city may at the discretion of the designee extend authorization for six additional months upon request, provided such request is submitted in writing at least thirty (30) days but not more than sixty (60) days prior to expiration of the permit with payment of appropriate fees as listed in the current fee schedule.
D. Variances. The board of adjustment or, in its absence, the city council shall have the authority to grant a variance when some exceptional physical condition related to a parcel of land results in unnecessary hardship from the strict application of certain development provisions and is preventing the owner from using the property as intended by this division. Any variance granted shall be the minimum adjustment necessary for the reasonable use of the land.
1. A variance is a Process III application type and subject to all the procedural requirements applicable to this application type.
a. Applications for variances shall be on the form prescribed by the city and shall include all of the information and materials required by the application form. An applicant shall provide sufficient facts and evidence to enable the board to make a decision. The established fee shall be submitted at time of application.
b. Variance applications shall be filed with the community development department. The variance application shall be reviewed and circulated for comment by city staff.
2. A variance shall only be granted after the board has reviewed the proposed use and has made written findings that the standards and criteria set forth below have been met or can be met subject to conditions of approval:
a. Unique circumstances or conditions exist that are applicable to the land or buildings for which a variance is sought. Said circumstances or conditions are peculiar to such land or buildings and do not apply generally to the land or buildings in the area. The board may consider legal, nonconforming aspects of existing structures for the purpose of this finding.
b. There must be proof of undue hardship if the variance is not granted. It is not sufficient proof of hardship to show that a greater profit would result if a variance were granted; nor shall loss of value be a valid reason to grant a variance. Furthermore, the hardship cannot be self-created, nor can it be created by one who purchases property with or without the knowledge of restrictions present. The hardship must result from the strict application of this division and be suffered directly by the property in question. Evidence of a variance granted under similar circumstances shall not be considered as a solely sufficient cause to grant hardship relief.
c. The granting of the variance is necessary for the development of a parcel of land that, in conjunction with adjacent land in the same ownership, is not otherwise reasonably capable of development and use under the provisions of this division, and the variance granted is the minimum variance that will accomplish this purpose.
d. The granting of the variance shall be consistent with the comprehensive plan and in agreement with the general purpose and intent of the regulations imposed by this division.
e. The granting of the variance shall neither be injurious to the neighborhood or community, nor otherwise detrimental to the public welfare.
f. The granting of the variance will not confer upon the applicant any special privilege that is denied by this division to other lands, structures, or buildings in the area.
g. The granting of the variance will not permit the establishment of any development or use that is not permitted by this division.
3. Authorization of a variance shall be void after a period of one year unless substantial construction or action pursuant thereto has taken place. However, the city may at the discretion of the designee extend authorization for an additional six months upon request, provided such request is submitted in writing at least thirty (30) days but not more than sixty (60) days prior to expiration of the permit with payment of appropriate fees as listed in the current fee schedule. (Ord. 576 § 4 (part), 2009: Ord. 548 § 2 (Exh. A) (part), 2007)