Chapter 14.48
CONDITIONAL USE PERMITS
Sections:
14.48.020 Requirements for complete application.
14.48.030 Procedure for conditional uses.
14.48.090 Transfer of permits--Recording.
14.48.100 Expiration of permits.
14.48.120 Resubmittal of permit applications.
14.48.010 Purpose.
A. The purpose of this chapter is to establish a procedure to allow certain uses in the Town, which, because of their potential impacts, unusual size, infrequent occurrence, possible safety hazards, or detrimental effects on surrounding properties, may be suitable only under specified conditions, in specific locations, or in certain zoning districts. The intent of this chapter is to establish procedures and review criteria by which decisions granting or denying conditional uses may be made.
B. This chapter shall apply to all uses in this title designated as conditional uses. (Ord. 10-520 § 1 (Exh. B (part)), 2010)
14.48.020 Requirements for complete application.
A. Applications for a conditional use permit shall be filed with the Town Clerk on forms prescribed by the Town. The owner of the land for which the permit is sought, or the owner’s authorized agent, shall sign the application attesting to the accuracy of the material set forth therein. All applications shall be accompanied by a filing fee and other applicable fees as required by Chapter 3.32 of this code. Each application shall contain the following:
1. The signature of the applicant or agent;
2. The signature of each landowner if other than applicant or agent;
3. A statement identifying the nature and operation of the conditional use and the section of the code under which the conditional use is sought;
4. A vicinity sketch showing the relationship of the proposed use to existing streets, structures, and surrounding land uses, and the location of any nearby bodies of water, wetlands, critical areas, or other significant natural or manmade features;
5. A plan of the proposed use showing proposed streets, structures, land uses, open spaces, parking areas, fencing, pedestrian paths and trails, buffers, and landscaping, along with text identifying the proposed use(s) of each structure or area included on the plan; and
6. Such additional information as deemed necessary by the Town Planner for proper review of the application, and which is sufficient to enable the director to make a fully informed decision pursuant to the requirements of this chapter.
B. If a conditional use permit application is submitted in conjunction with another development permit, the most specific submittal requirements shall apply; provided, that all of the requirements in this section shall be minimum requirements. (Ord. 10-520 § 1 (Exh. B (part)), 2010)
14.48.030 Procedure for conditional uses.
The following standards shall apply to applications for conditional uses:
A. Application. Upon receipt of a complete application for a conditional use permit, the application shall be processed pursuant to Chapter 14A.04 of this code.
B. Review. The Town Administrator or designee shall review the application for conformance with Section 14.48.060;
C. Decision. A permit may be granted with any conditions deemed necessary by the Planning Commission to meet the terms of this chapter and this code, or denied. Each decision granting or denying a conditional use permit shall be supported by written findings of fact specifically addressing the applicable criteria.
D. Conditions. Conditions imposed under this chapter shall constitute permanent regulations on the exercise of the approved use.
E. Timing of Actions. A final decision regarding a conditional use application shall be made by the Planning Commission as provided in Chapter 14A.04 of this code. (Ord. 10-520 § 1 (Exh. B (part)), 2010)
14.48.060 Review criteria.
A. No application for a conditional use may be approved unless all of the following criteria are satisfied:
1. The proposed use is harmonious and appropriate in design, character, and appearance with the existing or intended character or quality of development in the immediate vicinity of the subject property and with the physical characteristics of the subject property.
2. The proposed use will be served by adequate public facilities including roads, water, fire protection, sewage disposal facilities, and storm drainage facilities.
3. The proposed use will not be materially detrimental to uses or property in the immediate vicinity of the subject property, and will not materially disturb persons in the use and enjoyment of their property.
4. The proposed use will not be materially detrimental to the public health, safety, and welfare.
5. The proposed use is in accordance with the comprehensive plan.
6. The proposed use complies with this chapter and all other provisions of this code.
B. Approval of the conditional use permit shall be by the Planning Commission consistent with the provisions of Chapter 14A.04 of this code. (Ord. 10-520 § 1 (Exh. B (part)), 2010)
14.48.090 Transfer of permits--Recording.
A conditional use permit shall apply only to the specific property on which the use is located and may not be transferred to any other property, unless an application for such use on such property is first made and approved in accordance with this chapter. Every permit approved for transfer together with conditions issued under this chapter shall be recorded in the office of the Snohomish County Auditor by the applicant and at the applicant’s expense and a conformed copy thereof delivered to the Town within thirty days of final approval. (Ord. 10-520 § 1 (Exh. B (part)), 2010)
14.48.100 Expiration of permits.
A conditional use permit issued under this chapter must be substantially implemented within one year from the date of final approval, unless specific conditions provide for a longer expiration date, or the permit shall expire. The holder of the permit may request one and only one extension of time before the expiration date of a permit. Such request shall be in writing, shall be filed with the Town Clerk not less than thirty days before the expiration date of the permit, and shall contain a concise explanation of the reason for and requested duration of the extension. The Town Administrator may grant one extension of time of up to one year past the original expiration date upon good cause shown by the permit holder. (Ord. 10-520 § 1 (Exh. B (part)), 2010)
14.48.110 Recording.
Any conditional use permit approved by the Town shall be recorded with the Snohomish County Auditor within thirty calendar days of final approval. A copy of the final site plan and documents stamped with a recording number shall be sent to the Town within fourteen days of recording. The city shall not process any related permits until the city receives copies of the recorded documents. (Ord. 10-520 § 1 (Exh. B (part)), 2010)
14.48.120 Resubmittal of permit applications.
An application for a conditional use permit that has been denied may not be resubmitted within one year of the date of the final denial, unless there has been a substantial change in circumstances from the time the original application was submitted. (Ord. 10-520 § 1 (Exh. B (part)), 2010)
14.48.130 Appeals.
Appeals of the administrative decision shall be to the Town Council as provided in Section l4A.04.120. (Ord. 10-520 § 1 (Exh. B (part)), 2010)
14.48.140 Enforcement.
Every permit approved under the requirements of this chapter shall be enforced as provided in Chapter 1.14 of this code. (Ord. 10-520 § 1 (Exh. B (part)), 2010)