Chapter 18.48
CONDITIONAL USES
Sections:
18.48.020 Administrative and conditional uses designated.
18.48.030 Permit – Application.
18.48.040 Permit – Public hearing.
18.48.050 Permit – Criteria to grant.
18.48.060 Performance security.
18.48.070 Reapplication after permit denial.
18.48.010 Purpose.
It is the purpose of this chapter to establish review and permit approval procedures for unusual or unique types of land uses which, due to their nature, require special consideration of their impact on the neighborhood and land uses in the vicinity. Administrative uses may be located by special permission of the director, while conditional uses may be located by special permission of the hearing examiner, each under such conditions as the director or hearing examiner may impose. Administrative uses still require a special degree of consideration and control, but due to size, use or location they do not warrant the same process as a conditional use permit. (Ord. 2715 § 2, 2019: Ord. 1694 § 1, 1995)
18.48.020 Administrative and conditional uses designated.
A. The administrative and conditional uses listed in each district shall require an administrative or conditional use permit in order to locate and operate in an appropriate zone district within the city; or
B. An administrative use permit may be used where a CUP is listed in that zone if the below criteria are met:
1. It involves an accumulative expansion no greater than 10 percent of an existing, conforming conditional use in the industrial zone;
2. It involves relocating an existing conditionally approved business located in an industrial zone to another property within the same zone, provided subsection (B)(1) of this section is not exceeded and the new location is not within 1,000 feet of residential zoned land;
3. The expansion or relocation does not involve a school or church. (Ord. 2715 § 3, 2019: Ord. 1694 § 1, 1995)
18.48.030 Permit – Application.
A. Administrative Use Permit. Applications for administrative use permits shall be reviewed in accordance with chapter 18.56 SMC as a Type III.d decision and subject to the provisions of this chapter. The director shall make the final decision unless the application is forwarded to the hearing examiner pursuant to subsection (A)(1)(b) of this section.
1. Following the public comment period described in chapter 18.56 SMC the director shall:
a. Render a decision following the review of submitted information and public comments received; or
b. The proposal may be forwarded to the hearing examiner for a public hearing if any of the following are present:
i. Public comments express a substantial amount of concern, controversy, or opposition to the project; or
ii. The project involves a sensitive or controversial public policy issue; or
iii. A public hearing would allow for issues to be clarified or resolved.
B. Conditional Use Permit. Applications for conditional use permits shall be reviewed in accordance with chapter 18.56 SMC as a Type V decision and subject to the provisions of this chapter. The hearing examiner shall make the final decision.
Application for conditional use permit shall be made in accordance with chapter 18.56 SMC. (Ord. 2715 § 4, 2019: Ord. 1694 § 1, 1995)
18.48.040 Permit – Public hearing.
Public hearing(s) and public notice shall be made in accordance with chapter 18.56 SMC. (Ord. 1694 § 1, 1995)
18.48.050 Permit – Criteria to grant.
The director or hearing examiner shall be guided by the following criteria in granting an administrative or conditional use permit:
A. The proposed use will not be materially detrimental to the public welfare or injurious to the property or improvements in the vicinity of the proposed use or in the district in which the subject property is situated;
B. The proposed use shall meet or exceed the performance standards that are required in the district it will occupy;
C. The proposed development shall be compatible generally with the surrounding land uses in terms of traffic and pedestrian circulation, building and site design;
D. The proposed use shall be in keeping with the goals and policies of the Sumner comprehensive plan;
E. All measures have been taken to minimize the possible adverse impacts which the proposed use may have on the area in which it is located. (Ord. 2715 § 5, 2019: Ord. 1694 § 1, 1995)
18.48.060 Performance security.
A performance bond or other adequate and appropriate security may be required by the director or hearing examiner for any elements of the proposed project which the hearing examiner determines are crucial to the protection of the public welfare. Such bond shall be in an amount equal to 100 percent of the cost of the installation or construction of the applicable improvements. (Ord. 2715 § 6, 2019: Ord. 1694 § 1, 1995)
18.48.070 Reapplication after permit denial.
An application for a conditional use permit which has been denied may not be resubmitted within six months from the date of hearing examiner disapproval. (Ord. 1694 § 1, 1995)