Chapter 30.42C
CONDITIONAL USE PERMITS

Sections:

30.42C.010    Purpose and applicability.

30.42C.020    Conditional use permit procedure.

30.42C.030    Previous use - occupancy.

30.42C.040    Time limitation of application.

30.42C.100    Decision criteria - conditional use permit.

30.42C.105    Permit expiration.

30.42C.110    Revision of conditional use permits.

30.42C.200    Land use permit binder required.

30.42C.208    Vacation of conditional use permit.

30.42C.210    Continuing jurisdiction - review and revocation.

30.42C.220    Transfer of ownership.

30.42C.010 Purpose and applicability.

The purpose of this chapter is to set forth the procedure and decision criteria for conditional use permit applications. A conditional use permit is the mechanism by which the county may gather input through an open record hearing and place special conditions on the use or development of land. The provisions of this chapter apply to all conditional use permit applications except where chapter 30.44 or 30.67 SCC applies.

(Added Amended Ord. 02-064, December 9, 2002, Eff date February 1, 2003)

30.42C.020 Conditional use permit procedure.

The hearing examiner may grant conditional use permits under the circumstances set forth in this chapter. The approval process is a Type 2 process described in chapter 30.72 SCC. Applications shall be made according to the submittal requirements checklist provided by the department pursuant to SCC 30.70.030.

(Added Amended Ord. 02-064, December 9, 2002, Eff date February 1, 2003)

30.42C.030 Previous use - occupancy.

Where prior to July 1, 1962, special authority was granted for establishing or conducting a particular use on a particular site and for a special period of time or as set forth in an action then titled "Use and Occupancy," such previous permits are by this section declared to be continued as a conditional use permit without specific time limit. If the particular use is such as is not otherwise permitted in the zone in which it is located, such established use and improvements incidental thereto shall be considered under the terms of this title as a nonconforming use.

(Added Amended Ord. 02-064, December 9, 2002, Eff date February 1, 2003)

30.42C.040 Time limitation of application.

An application for a conditional use permit shall expire pursuant to SCC 30.70.140.

(Added by Amended Ord. 16-004, Mar. 16, 2016, Eff date Apr. 1, 2016)

30.42C.100 Decision criteria - conditional use permit.

(1) The hearing examiner may deny, approve, or approve with conditions an application for a conditional use permit. If an application for a conditional use permit satisfies all of the criteria set forth below, the application may be approved or approved with conditions. If any of the criteria set forth below are not met, the application must be denied.

(a) The proposal is consistent with the comprehensive plan;

(b) The proposal complies with applicable requirements of this title;

(c) The proposal will not be materially detrimental to uses or property in the immediate vicinity; and

(d) The proposal is compatible with and incorporates specific features, conditions, or revisions that ensure it responds appropriately to the existing or intended character, appearance, quality of development, and physical characteristics of the site and surrounding property.

(2) As a condition of approval, the hearing examiner may impose or require any one or more of the following:

(a) Increase requirements in the standards, criteria, or policies established by this title;

(b) Stipulate the exact location as a means of minimizing hazards to life, limb, property damage, erosion, landslides, or traffic;

(c) Require structural features or equipment essential to serve the same purpose set forth in SCC 30.42C.100(2)(b);

(d) Impose conditions similar to those set forth in items SCC 30.42C.100(2)(b) and SCC 30.42C.100(2)(c) as may be deemed necessary to establish parity with uses permitted in the same zone in their freedom from nuisance generating features in matters of noise, odors, air pollution, wastes, vibration, traffic, physical hazards, and similar matters. The hearing examiner may not in connection with action on a conditional use permit, reduce the requirements specified by this title as pertaining to any use nor otherwise reduce the requirements of this title in matters for which a variance is the remedy provided;

(e) Assure that the degree of compatibility with the purpose of this title shall be maintained with respect to the particular use on the particular site and in consideration of other existing and potential uses, within the general area in which the use is proposed to be located;

(f) Recognize and compensate for variations and degree of technological processes and equipment as related to the factors of noise, smoke, dust, fumes, vibration, odors, and hazard or public need;

(g) Require the posting of performance and maintenance securities sufficient to secure to the county the estimated cost of construction and/or installation and maintenance of required improvements; and/or

(h) Impose any requirement that will protect the public health, safety, and welfare.

(Added Amended Ord. 02-064, December 9, 2002, Eff date February 1, 2003; Amended by Amended Ord. 10-086, Oct. 20, 2010, Eff date Nov. 4, 2010; Amended by Amended Ord. 12-018, May 2, 2012, Eff date May 21, 2012)

30.42C.105 Permit expiration.

Conditional use permits shall expire pursuant to SCC 30.70.140.

(Added by Amended Ord. 16-004, Mar. 16, 2016, Eff date Apr. 1, 2016)

30.42C.110 Revision of conditional use permits.

Revisions to an approved conditional use permit or conditions of permit approval shall be processed pursuant to SCC 30.70.210 or 30.70.220.

(Added Amended Ord. 02-064, December 9, 2002, Eff date February 1, 2003; Amended by Amended Ord. 13-050, Aug. 28, 2013, Eff date Sept. 19, 2013)

30.42C.200 Land use permit binder required.

The recipient of any conditional use permit shall file a land use permit binder on a form provided by the department with the county auditor prior to any of the following: initiation of any further site work, issuance of any development/construction permits by the county, or occupancy/use of the subject property or buildings thereon for the use or activity authorized. The binder shall serve both as an acknowledgment of and agreement to abide by the terms and conditions of the conditional use permit and as a notice to prospective purchasers of the existence of the permit.

(Added Amended Ord. 02-064, December 9, 2002, Eff date February 1, 2003)

30.42C.208 Vacation of conditional use permit.

(1) Any conditional use permit issued pursuant to this chapter may be vacated by the current landowner upon county approval provided that:

(a) the use authorized by the permit does not exist and is not actively being pursued; or

(b) the use has been terminated and no violation of the terms and the conditions of the permit exists.

(2) Landowner request for vacation of a conditional use permit shall be conducted in accordance with SCC 30.72.140.

(Added Amended Ord. 05-022, May 11, 2005, Eff date May 28, 2005)

30.42C.210 Continuing jurisdiction - review and revocation.

Any review or revocation proceedings shall be conducted in accordance with SCC 30.72.140.

(Added Amended Ord. 02-064, December 9, 2002, Eff date February 1, 2003; Amended Ord. 05-022, May 11, 2005, Eff date May 28, 2005)

30.42C.220 Transfer of ownership.

A conditional use permit runs with the land and compliance with the conditions of any such permit is the responsibility of the current owner of the property, whether that is the original applicant or a successor.

(Added Amended Ord. 02-064, December 9, 2002, Eff date February 1, 2003)