Chapter 30.43A
ADMINISTRATIVE CONDITIONAL USE PERMIT

Sections:

30.43A.010    Purpose and applicability.

30.43A.020    Administrative conditional use permit procedure.

30.43A.030    Time limitation of application.

30.43A.035    Permit expiration.

30.43A.100    Decision criteria - administrative conditional use permits.

30.43A.105    Revision of administrative conditional use permits.

30.43A.108    Vacation of administrative conditional use permit.

30.43A.110    Review or revocation of permit.

30.43A.120    Transfer of ownership.

30.43A.130    Land use permit binder required.

30.43A.010 Purpose and applicability.

The purpose of this chapter is to set forth the procedure and decision criteria for administrative conditional use permits. An administrative conditional use permit is a mechanism by which the county may place special conditions on the use or development of property to ensure that new development is compatible with surrounding properties and achieves the intent of the comprehensive plan. This chapter applies to each application for an administrative conditional use and to uses formerly identified as special uses (expansion of a nonconforming use) or temporary uses.

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

30.43A.020 Administrative conditional use permit procedure.

(1) The department may approve, approve with conditions, or deny an administrative conditional use permit through a Type 1 process as described in chapters 30.70 and 30.71 SCC.

(2) Applications for an administrative conditional use permit shall contain the information required by the submittal requirements checklist established by the department pursuant to SCC 30.70.030.

(3) When an application is submitted together with another permit application requiring a predecision hearing by the hearing examiner, the administrative conditional use permit shall be processed concurrently with the other application and the hearing examiner shall make the decision on the administrative conditional use, using a Type 2 process.

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

30.43A.030 Time limitation of application.

An application for an administrative 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)

30.43A.035 Permit expiration.

Administrative 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)

30.43A.100 Decision criteria - administrative conditional use permits.

(1) The department may grant approval for an administrative conditional use when all the following criteria are met:

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

(b) The proposal complies with applicable requirements for the use set forth in this code;

(c) The proposal is not 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 subject property and the immediate vicinity.

(2) The department may impose conditions to ensure the approval criteria are met.

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

30.43A.105 Revision of administrative conditional use permits.

Revisions to an approved administrative conditional use permit or of 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)

30.43A.108 Vacation of administrative conditional use permit.

(1) Any administrative conditional use permit issued pursuant to this chapter, or any temporary or special use permit issued previously, 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 an administrative conditional use permit shall be conducted in accordance with SCC 30.71.026.

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

30.43A.110 Review or revocation of permit.

The hearing examiner shall have jurisdiction to review and modify or revoke all administrative conditional uses. Any review or revocation proceeding shall be conducted in accordance with SCC 30.71.027.

(Added Amended Ord. 02-064, December 9, 2002, Eff date February 1, 2003; Amended by Amended Ord. 13-043, June 19, 2013, Eff date June 30, 2013)

30.43A.120 Transfer of ownership.

An administrative 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)

30.43A.130 Land use permit binder required.

The recipient of an administrative conditional use permit shall file a land use permit binder on a form provided by the department with the county auditor prior to initiation of any further site work; issuance of any development/construction permits by the county; or occupancy/use of the subject property or the building thereon for the use/activity authorized, whichever comes first. The binder shall serve both as an acknowledgment of and agreement to abide by the terms and conditions of the 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)