4-9-030 CONDITIONAL USE PERMITS:
A. PURPOSE:
The purpose of this Section is to set forth procedures and criteria for reviewing Conditional Use Permit applications. Conditional Use Permits allow for review of certain uses with special characteristics that may not generally be appropriate within a zoning district, but may be permitted subject to conditions and mitigation measures that protect public health, safety and welfare and ensure compatibility with other uses in the district.
B. APPLICABILITY:
Except for Shoreline Conditional Uses per RMC 4-9-190, Shoreline Permits, the provisions of this Section shall apply to all Conditional Use Permit applications. No existing building or structure shall be converted to a conditional use unless such building or structure complies, or is brought into compliance, with the provisions of this Section.
C. REVIEW AUTHORITY:
1. General: RMC 4-2-050C explains how to interpret the Zoning Use Tables. Uses identified with an “AD” (Conditional Use – Administrative) in RMC 4-2-060, Zoning Use Table, shall be reviewed administratively by the Community and Economic Development Administrator while uses identified with an “H” (Conditional Use – Hearing Examiner) shall require a public hearing and review by the Hearing Examiner.
2. Exception when Significant Concerns Remain: In cases where the Administrator and/or the Environmental Review Committee determines that there are significant unresolved concerns raised by a proposal that would otherwise be reviewed administratively, the Administrator and/or the Environmental Review Committee may issue a determination that a public hearing and Hearing Examiner review is required. Such determination may be appealed to the Hearing Examiner pursuant to RMC 4-8-110E. (Ord. 5676, 12-3-2012)
D. DECISION CRITERIA:
Except for wireless communication facilities, the Administrator or the Hearing Examiner shall consider, as applicable, the following factors for applications: (Ord. 5675, 12-3-2012)
1. Consistency with Plans and Regulations: The proposed use shall be compatible with the general goals, objectives, policies and standards of the Comprehensive Plan, the zoning regulations and any other plans, programs, maps or ordinances of the City of Renton.
2. Appropriate Location: The proposed location shall not result in the detrimental overconcentration of a particular use within the City or within the immediate area of the proposed use. The proposed location shall be suited for the proposed use.
3. Effect on Adjacent Properties: The proposed use at the proposed location shall not result in substantial or undue adverse effects on adjacent property.
4. Compatibility: The proposed use shall be compatible with the scale and character of the neighborhood.
5. Parking: Adequate parking is, or will be made, available.
6. Traffic: The use shall ensure safe movement for vehicles and pedestrians and shall mitigate potential effects on the surrounding area.
7. Noise, Light and Glare: Potential noise, light and glare impacts from the proposed use shall be evaluated and mitigated.
8. Landscaping: Landscaping shall be provided in all areas not occupied by buildings, paving, or critical areas. Additional landscaping may be required to buffer adjacent properties from potentially adverse effects of the proposed use.
9. Specific Requirements for Kennels: In addition to the criteria above, the following criteria shall also be considered for kennel applications:
a. History: Past history of animal control complaints relating to the applicant’s dogs and cats at the address for which the kennel is located or to be located. Conditional Use Permits shall not be issued for kennels to applicants who have previously had such permits revoked or renewal refused, for a period of one year after the date of revocation or refusal to renew.
b. Standards for Keeping Animals: The applicant or kennel owner must also comply with the requirements of RMC 4-4-010, Animal Keeping and Beekeeping Standards.
10. Specific Requirements for Secure Community Transition Facilities (SCTF), Crisis Diversion Facilities (CDF) and Crisis Diversion Interim Service Facilities (CDIS): In addition to the criteria in subsections D1 through D8 of this Section, the following criteria shall be considered for secure community transition facilities, crisis diversion facilities, and interim service facilities:
a. Whether alternative locations were reviewed and consideration was given to sites that are farthest removed from any risk potential activity;
b. Whether adequate buffering is provided from abutting and adjacent uses;
c. Whether adequate security is demonstrated by the applicant;
d. Whether public input was provided during the site selection process; and
e. For SCTF there is no resulting concentration of residential facility beds operated by the Department of Corrections or the Mental Health Division of the Department of Social and Health Services, the number of registered sex offenders classified as Level II or Level III, and the number of sex offenders registered as homeless in a particular neighborhood, community, jurisdiction or region.
E. DECISION CRITERIA – WIRELESS:
In lieu of the criteria in subsection D of this Section, the following criteria shall be considered in determining whether to issue a Conditional Use Permit for a wireless facility, although the governing authority may waive or reduce the burden on the applicant of one or more of these criteria if the governing authority concludes that the goals of RMC 4-4-140, Wireless Communication Facilities, as it exists or may be amended, are better served thereby, the following factors:
1. Height and Design: The height of the proposed tower and/or antenna as well as incorporation of design characteristics that have the effect of reducing or eliminating visual obtrusiveness.
2. Proximity to Surrounding Uses: The nature of uses on adjacent and nearby properties and the proximity of the tower and/or antenna to residential structures and residential district boundaries.
3. Nature of Surrounding Uses: The nature of uses on adjacent and nearby properties. The proposed use at the proposed location shall not result in substantial or undue adverse effects on adjacent property.
4. Topography and Vegetation: The surrounding topography, tree coverage and foliage.
5. Ingress/Egress: The proposed access ingress and egress.
6. Impacts: The potential noise, light and glare impacts.
7. Collocation Feasibility: The availability of suitable existing towers and other structures to accommodate the proposal.
8. Consistency with Plans and Regulations: The compatibility with the general purpose, goals, objectives and standards of the Comprehensive Plan, the Zoning Ordinance and any other plan, program, map or ordinance of the City.
9. Landscaping: Additional landscaping may be required to buffer adjacent properties from potentially adverse effects of the proposed use. (Ord. 5675, 12-3-2012)
F. PROCEDURES:
1. General: Applications shall be reviewed in accordance with chapter 4-8 RMC, Permits – General and Appeals.
2. Pre-application Conference: Applicants are encouraged to consult early and informally with representatives of the Planning Division and other affected departments.
3. Submittal Requirements and Application Fees: Submittal requirements shall be as listed in RMC 4-8-120C, Land Use Permit Submittal Requirements, as it exists or may be amended.
4. Public Notice and Comment Period Required: Whenever a complete application is received, the Planning Division shall be responsible for providing public notice of the pending application, pursuant to RMC 4-8-090, Public Notice Requirements, as it exists or may be amended.
5. Determining Necessity for Public Hearing: Upon receipt of the final departmental comments and after the close of the public comment period, the Administrator and/or the Environmental Review Committee shall determine the necessity for a public hearing pursuant to subsection C2 of this Section. (Ord. 5676, 12-3-2012)
6. Administrative Approvals: For projects not requiring a public hearing, the Administrator shall take action on the proposed Conditional Use Permit in accordance with the procedures in RMC 4-8-100, as it exists or may be amended. (Ord. 5676, 12-3-2012)
7. Hearing Process and Examiner Authority: For projects requiring a public hearing, the Hearing Examiner shall take action in accordance with the procedures in RMC 4-8-100, Application and Decision – General, as it exists or may be amended.
8. Decision and Conditions: The Administrator may grant a Conditional Use Permit, with or without conditions, or deny the requested Conditional Use Permit. The Administrator or Hearing Examiner shall have authority to grant the Conditional Use Permit upon making a determination, in writing, that the use is consistent with the applicable decision criteria in this Section. The Administrator or Hearing Examiner may require additional setbacks, fencing, screening, soundproofing, public improvements or any other appropriate measures necessary to ensure compatibility with the surrounding neighborhood, and may limit the term and duration of the Conditional Use Permit. Conditions imposed by the Administrator or Hearing Examiner shall reasonably assure that nuisance or hazard to life or property will not develop.
9. Timeline to Apply for Associated Permits: Building permits, licenses or land use permits required for the operation of a Conditional Use Permit shall be applied for within two (2) years of the date of Conditional Use Permit approval. A single two (2) year extension may be granted for good cause by the Administrator. (Ord. 5675, 12-3-2012)
G. MAJOR AND MINOR REVISIONS:
1. Major Revisions: Major revisions to an approved Conditional Use Permit shall require a new application. For major revisions that due to extraordinary circumstances would result in a highly unreasonable and unconscionable burden on the applicant or permit holder, if the applicant or permit holder was required to go through a new application process, the Administrator may permit the major revision to be treated as a minor revision. (Ord. 5676, 12-3-2012)
2. Minor Revisions: Minor revisions may be permitted by an administrative determination if the revision does not:
a. Involve more than a ten percent (10%) increase in area or intensity of the use; or
b. Result in any significant environmental impact not adequately reviewed or mitigated by previous documents; or
c. Expand onto property not included in original proposal. (Ord. 5644, 12-12-2011)