Chapter 18.80
CONDITIONAL USE PERMITS
Sections:
18.80.010 Application and hearing.
18.80.020 Compliance required.
18.80.030 Notification of decision.
18.80.050 Siting of essential public facilities of state/region/countywide significance.
18.80.080 Bed and breakfast inns.
18.80.090 Public and private schools.
18.80.100 Commercial day care facilities.
18.80.010 Application and hearing.
A conditional use permit application shall be processed as a Type III (quasi-judicial) application in accordance with the provisions of this title and of DPMC Title 19. The hearing examiner shall have the power to hear and decide only upon such conditional uses as the hearing examiner is specifically authorized to consider by the provisions of this title; to decide such questions as are necessarily involved in determining whether conditional use permits should be granted; and to grant such permits with such conditions and safeguards as are appropriate under this title, or to deny such permits when not in keeping with the purpose and intent of this title. A conditional use permit shall not be granted by the hearing examiner unless and until:
A. A written application for a conditional use permit is submitted, and determined to be complete, indicating the section of this title under which a conditional use permit is sought and stating the grounds upon which it is requested;
B. Notice of public hearing in accordance with the requirements of Chapter 18.88 DPMC and DPMC Title 19 shall be given;
C. A public hearing shall be held before the hearing examiner. Any party may appear in person or by agent or by attorney or by correspondence duly filed with the hearing examiner prior to commencement of the public hearing;
D. Before approving an application and granting the permit, the hearing examiner shall make a finding that it is empowered under that section of this title described in the application to grant the conditional use permit, and that the granting of such a permit will not adversely affect the public interest. (Ord. 974 § 1, 2018: Ord. 722 § 156, 1998; Ord. 394 § 2.44.02, 1981)
18.80.020 Compliance required.
In granting any conditional use permit, the hearing examiner may prescribe appropriate conditions and safeguards in conformity with this title. Any conditional use development or activity which does not comply with such conditions and safeguards, as are made a part of the terms under which the conditional use permit is granted, shall be deemed a violation of this title subject to revocation proceedings as set forth herein. The hearing examiner shall prescribe a time limit within which any conditional use shall commence or be completed, or both. Failure to comply with the time limit shall void the conditional use permit.
A. The hearing examiner shall have continuing jurisdiction over any conditional use permit. To consider the revocation of a conditional use permit, the hearing examiner shall hold a public hearing after giving notice by the same procedure as for consideration of a conditional use permit request. The hearing examiner may revoke and terminate the conditional use permit, in whole or in part, reaffirm the conditional use permit, modify the conditions, or impose new conditions. The action of the hearing examiner is appealable by the same procedure as for the conditional use permit.
B. A conditional use permit may only be revoked, or conditions modified or added, on any one or more of the following grounds:
1. That the conditional use permit was obtained by fraud or misrepresentation; or
2. That the conditional use permit has been exercised contrary to any of the terms or conditions of approval; or
3. That the use is in violation of any statute, ordinance, law, or regulation; or
4. That the use permitted by the conditional use permit is being, or has been, so exercised as to be detrimental to the public health, safety, or welfare, or as to constitute a nuisance. (Ord. 974 § 1, 2018: Ord. 722 § 157, 1998; Ord. 394 § 2.44.04, 1981)
18.80.030 Notification of decision.
A. Upon approval, approval with conditions, or denial of an application for a conditional use permit by the hearing examiner, the planning director shall cause to be sent a written notice of decision of the permit determination to the building official, the applicant, other parties of record, and interested agencies. All conditions to be met by the applicant, when applicable, including, but not limited to, a required project timetable for completion/implementation, shall be stated in the notice of decision.
B. Upon application for the necessary building permits, the applicant shall present a project completion/implementation timetable if required by the hearing examiner. The building official shall then notify the planning director of the verified timetable for compliance with the conditions attached to the permit.
C. The building official shall report, in writing, to the planning director on:
1. Any noncompliance with said conditions, including the project timetable; and
2. Completion of the project under the conditional use permit.
D. Upon completion of the project and full compliance by the applicant, the planning director shall make a written report regarding such completion and compliance for the city file. (Ord. 974 § 1, 2018: Ord. 722 § 158, 1998; Ord. 394 § 2.44.06, 1981)
18.80.040 Appeals.
The decision of the hearing examiner granting or denying a conditional use permit under this chapter may be appealed to the Spokane County superior court in accordance with the time requirements set forth in DPMC 2.48.150. (Ord. 974 § 1, 2018: Ord. 722 § 159, 1998)
18.80.050 Siting of essential public facilities of state/region/countywide significance.
The regional siting process contained in the essential public facilities element of the comprehensive plan, as it presently exists or as it may be amended in the future, shall be adhered to as a prerequisite for the siting of essential public facilities of statewide or region/countywide significance. In the event that, after completion of the aforementioned regional siting process, the final site selected for implementation of any such essential public facility lies within the city, the application for such facility shall adhere to the processing provisions of this chapter, regardless of the zoning classification in which the property is situated.
However, nothing herein precludes the city from initiating itself, or requiring the applicant to initiate, a comprehensive plan amendment and/or a zone change to a more appropriate classification(s), concurrently with the conditional use permit for the subject facility, if the city, in its discretion, deems such change(s) to be appropriate for the facility. (Ord. 974 § 1, 2018: Ord. 791 § 3, 2002)
18.80.060 Permit expiration.
A. If not otherwise specified by the hearing examiner, a conditional use permit shall expire at the end of a period of one year from the time it is granted if the use for which the permit is granted is not established by that time.
B. A conditional use permit shall expire one year following the date when the use for which the permit was granted is discontinued. (Ord. 974 § 1, 2018)
18.80.070 General conditions.
Conditional uses, as conditioned, shall comply with the following:
A. The proposed use will be harmonious and in accordance with the general and specific objectives of the comprehensive plan and all subarea plans;
B. The proposed use will be designed, constructed, operated, and maintained so as to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity;
C. The traffic generated by the proposed use shall be mitigated so as not to burden the traffic circulation system in the vicinity;
D. The proposed use shall be conditioned, as appropriate, so that the use will be adequately served by facilities and services such as highways, streets, law enforcement, fire protection, stormwater drainage, refuse disposal, domestic water and sanitary sewers and schools;
E. The proposed use will not create excessive additional requirements at public cost for public facilities and services;
F. The proposed use will not involve uses, activities, processes, materials, equipment, and conditions of operation that will be detrimental to any persons, property, or the general welfare by reasons of excessive production of traffic, noise, smoke, fumes, vibration, glare, or odors;
G. Proposed ingress and egress, driveway widths, parking, and street improvements shall be approved pursuant to applicable provisions of the Deer Park Municipal Code;
H. Adequate buffering devices such as fencing, landscaping, or topographic characteristics shall be in place in order to mitigate and protect adjacent properties from potential adverse impacts of the proposed use, including visual and/or auditory effects;
I. Conditional use permits shall comply with all applicable local, state, and/or federal regulations;
J. A conditional use shall ordinarily comply with the standards of the district within which the use is located and with the other applicable provisions of the Deer Park Municipal Code, except as modified by the approval of the conditional use permit;
K. The hearing examiner may, in addition to the standards and regulations specified in the Deer Park Municipal Code, establish other conditions found necessary to protect the health, welfare, safety, and interest of surrounding properties, the neighborhood, and the city as a whole. These conditions may address the following:
1. Increasing the required lot size or yard dimensions;
2. Limiting the coverage or height of buildings;
3. Mitigating traffic impacts through on-site and off-site improvements;
4. Increasing the number of off-street parking and loading requirements;
5. Limiting the number, location, design, and size of signs and illumination devices;
6. Increasing required landscaping components to reduce noise and visual impacts, including glare;
7. Specifying time limits for construction and/or operation of the use;
8. Requiring performance assurances acceptable to the city planning director;
9. Specifying time frames for compliance review; and
10. Other conditions deemed appropriate to address the requirements and intent of this chapter and the provisions of the Deer Park Municipal Code. (Ord. 974 § 1, 2018)
18.80.080 Bed and breakfast inns.
The minimum conditions for a bed and breakfast inn shall be as follows:
A. The bed and breakfast facility shall be the principal residence of the owner;
B. A bed and breakfast inn shall be compatible with the residential character of the neighborhood and the owners shall provide screening with shrubs, fencing, and other suitable materials to minimize the impact upon the residential character of the neighborhood;
C. The applicant for a conditional use permit for a bed and breakfast inn shall at the time of filing the application provide evidence to the hearing examiner of compliance with all health, building, and fire regulations;
D. Off-street parking as required in Chapter 18.74 DPMC shall be behind the front yard setback line and shall be screened so as to minimize the visual and audio impact upon the residential character of the neighborhood;
E. Each bed and breakfast inn may have one sign advertising the inn which shall comply with the sign regulations in Chapter 18.78 DPMC;
F. Bathrooms must be provided in accordance with state bed and breakfast inn regulations;
G. Guests shall limit their length of stay to not more than three weeks;
H. All conditional use permits for bed and breakfast inns shall be nontransferable to subsequent owners of the residence;
I. Not more than 40 percent of the square footage of floor space of any facility shall be used for bed and breakfast inn purposes;
J. All applications for bed and breakfast inn conditional use permits shall be accompanied with a floor plan and lot plan setting forth the size and location of bathrooms and bedrooms to be used for bed and breakfast guests. The lot plan shall also show the size and location of off-street parking;
K. Meals served shall be limited to paying overnight guests of the inn. (Ord. 974 § 1, 2018)
18.80.090 Public and private schools.
The minimum conditions for public and private schools shall be as follows:
A. Minimum land area standards that are established by the State of Washington Office of Superintendent of Public Instruction;
B. Signage, if any, will comply with Chapter 18.78 DPMC;
C. Fifty-foot setback on front, side, and rear yards for a proposed school located in any residential district;
D. Off-street parking area equal to at least five times the floor area of the auditorium or two stalls per classroom, whichever is greater. (Ord. 974 § 1, 2018)
18.80.100 Commercial day care facilities.
Depending upon the zone where the day care is proposed to be located, the following minimum conditions shall apply to commercial day care facilities:
A. In Residential Zoning Districts. The minimum conditions for commercial day care facilities if allowed as conditional uses in any residential zoning districts shall be as follows:
1. Meet Washington State child day care licensing requirements.
2. Comply with all building, fire safety, health code, and business license requirements.
3. Lot size, building size, setbacks and lot coverage shall conform to the standards of the underlying zoning district except if the structure is a legal nonconforming structure.
4. Parking requirements shall conform to Chapter 18.74 DPMC.
5. Shall provide certification of the facility licenser (DSHS) that there are adequate drop-off and pick-up areas.
6. No signage will be permitted other than signage permitted in the specific zoning district, if any.
7. Filing of a business registry application form with the city as required in DPMC 5.02.030.
8. No structural or decorative alteration which will alter the character of the existing structure used for a commercial day care center is permitted. Any new or remodeled structure must be designed to be compatible with the character of the surrounding neighborhood.
9. The licensee shall provide a securely fenced play area which meets the height requirements for front, side and rear yards according to Chapter 18.94 DPMC.
10. The site must be landscaped in a manner compatible with adjacent residences.
B. All Other Zoning Districts. The minimum conditions for commercial day care facilities in all other zoning districts, including commercial and industrial zoned districts, shall be as follows:
1. Meet Washington State child day care licensing requirements.
2. Comply with all building, fire safety, traffic safety, health code and business licensing requirements.
3. Lot size, building size, setbacks and lot coverage shall conform to the standards of the underlying zone.
4. Parking requirements shall conform to Chapter 18.74 DPMC.
5. Filing a business registry application form with the city as required in DPMC 5.02.030.
6. The licensee shall provide a securely fenced play area which meets the height requirements for front, side and rear yards according to Chapter 18.94 DPMC. (Ord. 974 § 1, 2018)
18.80.110 Houses of religious worship (including, but not limited to, churches, mosques, synagogues, temples, convents, and related uses).
The minimum conditions for houses of religious worship shall be as follows:
A. Minimum lot area shall be 10,000 square feet;
B. Minimum lot frontage shall be 100 feet;
C. Maximum lot coverage shall be 25 percent for all buildings;
D. Minimum setback distances shall be as follows: front yard, 30 feet; side yard, 15 feet; and rear yard, 20 feet. Buildings on corner lots shall observe the minimum setback on both streets;
E. Parking requirements shall be in accordance with the requirements of DPMC 18.74.030. (Ord. 974 § 1, 2018)