Division 6. Development Requirements

Chapter 17.92
CONDITIONAL USE PERMITS

Sections:

17.92.010    Purpose.

17.92.020    Applicability.

17.92.030    Applications for a conditional use permit.

17.92.040    Application submittal requirements.

17.92.050    Standards and criteria for granting conditional use permits.

17.92.060    Content – Violations.

17.92.070    One-year validity.

17.92.080    Modification of, or addition to, existing conditional uses.

17.92.090    Appeals.

17.92.010 Purpose.

The purpose of this chapter is to establish the process for the review of conditional use permit applications and the criteria that must be met in order to grant approval. (Ord. 2554 § 3, 2003)

17.92.020 Applicability.

A. The provisions of this chapter shall apply to all uses classified in the city land use code as conditional uses including all accessory use to uses so classified.

B. The director may determine that a use not otherwise listed in the district may be approved as a conditional use if it is clearly similar in character and impact to other uses permitted or conditionally permitted in the district. (Ord. 2554 § 3, 2003)

17.92.030 Applications for a conditional use permit.

Applications for a conditional use permit shall be submitted to the community development services department using forms provided by the department. A determination of complete application will be based on the information provided on the form as well as the information required in BMC 17.92.040. Conditional use permits require an open record hearing. They are processed as Type II-PC decisions as provided in Chapter 17.06 BMC unless the provisions of BMC 17.02.050(D)(2) apply, in which case they are processed as Type II-CC decisions. (Ord. 2728 § 2 (Exh. A), 2009; Ord. 2554 § 3, 2003)

17.92.040 Application submittal requirements.

Persons making application for a conditional use permit shall submit the following:

A. Completed conditional use permit application form(s) signed by the owner(s) of the subject property or by a representative authorized to do so by written instrument executed by the owner(s) and filed with the application.

B. A vicinity map showing the location of the site in relationship to surrounding areas, including existing streets, major physiographic and cultural features such as railroads, lakes, streams, shorelines, schools, parks or other prominent features.

C. A site plan drawn to a suitable scale with the approval of the director, showing the following:

1. The property boundary, area and dimensions of the lot(s) on which the use will be established.

2. Land use on adjoining properties.

3. The location of existing and proposed structures, their size, current use, if applicable, and their proposed use.

4. The location and dimensions of all easements and rights-of-way abutting or crossing the site, and the location of existing and proposed vehicular access.

5. Topography lines at an interval of five feet, unless the director determines that some other contour interval is more appropriate based on the characteristics of the site; provided the director may waive this requirement if topographic information is determined to not be necessary based on the specific application.

6. Other site information that may be listed as required on the conditional use application form.

C. SEPA checklist, if required, shall be typewritten or in ink and signed.

D. The required applications fees as specified in the unified fee schedule shall be paid to the city upon submission of a conditional use permit application. (Ord. 2554 § 3, 2003)

17.92.050 Standards and criteria for granting conditional use permits.

A conditional use permit shall be granted only upon a finding that the proposed use complies with the standards and criteria listed below. The approving authority may impose such conditions as it deems necessary to assure compliance with the standards and criteria listed below as well as any applicable standards and requirements of the district in which the use will be located.

A. Will be harmonious and in accordance with the general and specific objectives of the city of Blaine comprehensive plan and zoning regulations.

B. 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, and that such use will not change the essential character of the same area.

C. Will not be hazardous or disturbing to existing or future neighboring uses.

D. Will be serviced adequately by essential public facilities such as highways, streets, police and fire protection, drainage structures, refuse disposal, water and sewers, and schools; or that the persons or agencies responsible for the establishment of the proposed use shall be able to provide adequately any such services.

E. Will not create excessive additional requirements at public cost for public facilities and services, and will not be detrimental to the economic welfare of the community.

F. 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, glare or odors.

G. Will have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public streets.

H. Will not result in the destruction, loss or damage of any natural, scenic or historic feature of major importance. (Ord. 2673 § 2, 2007; Ord. 2554 § 3, 2003)

17.92.060 Content – Violations.

Any conditional use permit that is issued, as approved by the review authority, shall certify the location, nature and extent of the use, together with all conditions that are imposed and other information deemed necessary for the issuance of the permit. A copy of the permit shall be kept on file and reviewed annually by the director. If at any time it is found that the use no longer complies with the conditions specified therein, the city shall institute permit revocation procedures as set forth in Chapter 2.54 BMC. (Ord. 2673 § 2, 2007; Ord. 2554 § 3, 2003)

17.92.070 One-year validity.

A. Conditional use permits shall expire 12 months after issuance unless construction or the establishment of the use has commenced. The director may extend the expiration date by six months upon written request and evidence that the applicant intends to activate the permit within that time limit.

B. An application for a conditional use permit which has not been approved or has been denied in whole or in part shall not be resubmitted for a period of six months from the date of such denial. (Ord. 2554 § 3, 2003)

17.92.080 Modification of, or addition to, existing conditional uses.

A. Modifications of existing conditional uses, or additions to such uses, shall require application for an additional conditional use permit, except for the following circumstances. The director may administratively consider, approve or disapprove a one-time addition or modification to an approved conditional use when such addition or modification meets the following criteria:

1. The addition or modification to the building(s) shall constitute less than 10 percent of the total floor area originally approved;

2. The addition or modification is determined by the director not to have a significant impact beyond the site.

B. Such additions or modifications approved administratively shall be recorded on the permanent permit record described in BMC 17.92.030. (Ord. 2554 § 3, 2003)

17.92.090 Appeals.

Appeals of a final decision shall be submitted pursuant to BMC 17.06.180, Appeals. (Ord. 2673 § 2, 2007)