Chapter 17.40


17.40.010    Permit required.

17.40.020    Conditions imposed.

17.40.030    Required findings.

17.40.040    General requirements.

17.40.010 Permit required.

The Index council may approve a conditional use as authorized by this title when the requirements of this chapter are satisfied. (Ord. 370 § 7 (part), 2004).

17.40.020 Conditions imposed.

Some conditions may reasonably be required to allow the proposed use or activity to meet the requirements of this title, the critical areas ordinance, and/or the comprehensive plan. Conditions may include, but are not limited to:

(A) Special requirements for environmental protection, as required by the comprehensive plan or the critical areas ordinance;

(B) Special landscaping, drainage, clearing, planting, fencing and screening requirements;

(C) Special requirements for site restoration reforestation or regrading;

(D) Special yard setbacks, height and bulk requirements;

(E) Special safety requirements such as on-site fire fighting equipment, limitations on steep slopes, fencing and pond drainage;

(F) Special operating requirements such as time of operations or traffic routing. (Ord. 370 § 7 (part), 2004).

17.40.030 Required findings.

Required findings must meet the following criteria:

(A) The proposed use at the proposed location is consistent with the purposes of this code and the proposed use will meet all applicable requirements of this code; and

(B) The use as conditioned will not be detrimental to the public health, safety and welfare of the town of Index and will not diminish the value of nearby property or improvements; and

(C) Will not unreasonably disturb persons in the use of the property unless the conditional use is a public necessity. (Ord. 370 § 7 (part), 2004).

17.40.040 General requirements.

(A) The Index town council shall determine whether the conditional use permit will run with the land or the user. If the permit runs with the user, it is not transferable to other users. If the permit runs with the land, Index may require the permit to be recorded with the Snohomish County auditor as a covenant on the property.

(B) The conditional use permit must be acted upon within one (1) year of approval or the permit shall expire. The permit holder may request and Index may grant an extension of time before the expiration date of up to one (1) year beyond the original expiration date.

(C) A conditional use permit granted to a user applies only to the property on which it was issued.

(D) A conditional use permit may be denied if the proposed use cannot be conditioned to satisfy the required findings.

(E) The Index town council can recommend a limited or specific duration of time for the conditional use. (Ord. 370 § 7 (part), 2004).