Chapter 18A.10DISCRETIONARY PERMITS

Sections:

18A.10.050
Purpose - Discretionary Permits.
18A.10.100
Conditional Use Permit.
18A.10.110
Purpose - Conditional Use Permit.
18A.10.120
Existing Uses - Conditional Use Permit.
18A.10.130
Application for a Conditional Use Permit.
18A.10.140
Public Hearing - Conditional Use Permit.
18A.10.150
Required Findings - Conditional Use Permit.
18A.10.160
Action of Hearing Examiner - Conditional Use Permit.
18A.10.170
Repealed.
18A.10.180
Period of Validity - Conditional Use Permit.
18A.10.200
Administrative Use Permit.
18A.10.210
Purpose - Administrative Use Permit.
18A.10.215
Existing Uses - Administrative Use Permit.
18A.10.220
Application for an Administrative Use Permit.
18A.10.225
Public Notice - Administrative Use Permit.
18A.10.230
Required Findings - Administrative Use Permit.
18A.10.240
Decision - Administrative Use Permit.
18A.10.250
Appeal - Administrative Use Permit.
18A.10.260
Period of Validity - Administrative Use Permit.
18A.10.300
Variances.
18A.10.305
Purpose - Variances.
18A.10.310
Limitations - Variances.
18A.10.311
Required Findings - Variances.
18A.10.315
Administrative Variances.
18A.10.320
Scope - Administrative Variances.
18A.10.325
Application for an Administrative Variance.
18A.10.330
Public Notice - Administrative Variances.
18A.10.335
Decision - Administrative Variances.
18A.10.340
Repealed.
18A.10.345
Repealed.
18A.10.350
Period of Validity - Administrative Variances.
18A.10.360
Major Variances.
18A.10.365
Scope - Major Variances.
18A.10.370
Application for a Major Variance.
18A.10.375
Public Notice - Major Variances.
18A.10.380
Public Hearing - Major Variances.
18A.10.385
Repealed.
18A.10.390
Hearing Examiner Action - Major Variances.
18A.10.395
Period of Validity - Major Variances.
18A.10.400
Design Review.
18A.10.410
Purpose - Design Review.
18A.10.420
Authority - Design Review.
18A.10.430
Application and Review Process - Design Review.
18A.10.440
Repealed.
18A.10.500
Temporary Use Permits.
18A.10.510
Purpose - Temporary Use Permits.
18A.10.520
Permitted Uses - Temporary Use Permits.
18A.10.525
Exemptions - Temporary Use Permits.
18A.10.530
Application and Authorization - Temporary Use Permits.
18A.10.540
Standards for Temporary Use.
18A.10.550
Criteria for Granting Approval - Temporary Use Permits.
18A.10.555
Decision - Temporary Use Permits.
18A.10.560
Repealed.
18A.10.600
Development Agreement.
18A.10.610
Purpose - Development Agreement.
18A.10.620
Applicability - Development Agreement.
18A.10.630
Approval - Development Agreement.
18A.10.700
Planned Action.
18A.10.710
Purpose and Scope - Planned Action.
18A.10.720
Applicability - Planned Action.
18A.10.730
Project Review - Planned Action.
18A.10.050Purpose - Discretionary Permits.

The purpose of this section is to establish the procedures and decision criteria for a variety of permits that involve discretion or require a subjective recommendation or decision made by the Community Development Director, Hearing Examiner, or other hearing body as appropriate. (Ord. 264 § 1 (part), 2001.)

18A.10.100Conditional Use Permit.
18A.10.110Purpose - Conditional Use Permit.

The purpose of this section is to establish procedures and decision criteria for uses that possess unique characteristics and are of such a nature that they may not be appropriate for every location within a given zoning district. Conditional uses are those uses deemed unique due to factors such as size, technological processes, equipment, the associated impacts of the use, or the location with respect to surroundings, streets, existing improvements, or demands upon public facilities. Such uses require a special degree of review and control to assure compatibility with the comprehensive plan and adjacent uses. (Ord. 264 § 1 (part), 2001.)

18A.10.120Existing Uses - Conditional Use Permit.

A. Any use existing at the time of adoption of this title which is within the scope of uses requiring a conditional use permit (CUP) in the zoning district in which the property is situated shall be deemed a conforming use without necessity of obtaining a CUP.

B. Any expansion of an existing conditional use shall be required to apply for a new CUP if the Community Development Director finds that there is a change in the nature of the use or a significant change in the intensity of the use created by such an expansion.

C. Any use operating under the provisions of an existing conditional use permit at the time of adoption of this title which is within the scope of uses requiring a CUP in the zoning district in which the property is situated shall be deemed a conforming use without necessity of a new CUP, unless a proposed expansion would result in a change in the nature of the use or a significant change in the intensity of the use created by such an expansion.

D. Any use operating under the provisions of an existing CUP at the time of adoption of this title which is within the scope of primary permitted uses within the applicable zoning district shall be deemed a conforming use, provided that all conditions of approval and development standards are being met. (Ord. 264 § 1 (part), 2001.)

18A.10.130Application for a Conditional Use Permit.

A. A CUP is a Process III application type and subject to all the procedural requirements applicable to this application type.

B. Conditional use permit applications shall be on the form prescribed by the Community Development Department and shall include all of the information and materials required by the application form. An applicant shall provide sufficient facts and evidence to enable the hearing examiner to make a decision. The established fee shall be submitted at time of application.

C. Applications for a CUP shall be filed with the Community Development Department. The CUP application shall be reviewed and circulated for comment by City staff.

D. Notice of application shall be provided pursuant to LMC 18A.02.670. (Ord. 264 § 1 (part), 2001.)

18A.10.140Public Hearing - Conditional Use Permit.

A. The Hearing Examiner shall hold an open record public hearing on any proposed conditional use and shall give notice thereof in accordance with the procedures established pursuant to LMC 18A.02.700.

B. The hearing shall be conducted in accordance to the requirements of LMC 18A.02.720. (Ord. 264 § 1 (part), 2001.)

18A.10.150Required Findings - Conditional Use Permit.

A CUP shall only be granted after the Hearing Examiner has reviewed the proposed use and has made written findings that all of the standards and criteria set forth below have been met or can be met subject to conditions of approval:

A. The size and physical characteristics of the site are appropriate for the proposed use including all facilities and amenities that are required by this title or desired by the applicant.

B. The proposed use will not be detrimental to the public health, safety, and general welfare of the community and will not introduce hazardous conditions at the site that cannot be mitigated to protect adjacent properties and the vicinity.

C. The proposed use will not be injurious to, or adversely affect the uses, property, or improvements adjacent to, or in the vicinity of, the site upon which the proposed use is to be located. The proposed use will be compatible with adjacent land uses and consistent with the character of the surrounding area.

D. The proposed use will be supported by adequate water, sewer, storm drainage, schools, electrical, police, and fire protection facilities and services. The use will not overburden or adversely affect said public facilities and services.

E. The traffic generated by the proposed use will not unduly burden the traffic circulation system in the vicinity.

F. An adequate site layout is proposed for on-site circulation and transportation activities, considering the potential impacts of the proposed use on traffic flow and control, emergency vehicle movements and safety associated with the suitability of access points, on-site drives, parking, loading and unloading areas, refuse collection and disposal points, sidewalks, bike paths, or other transportation facilities required by this title or desired by the applicant. All conditions necessary to lessen any impacts of the proposed use have been included in the project design or will be required as conditions of approval pursuant to LMC 18A.10.160, Action of Hearing Examiner. Buffering devices such as fencing, landscaping or topographic characteristics may be required to adequately protect adjacent properties from adverse effects of the proposed use, including adverse visual or auditory effects.

G. The proposed use will cause no unreasonably adverse effects to wetlands, shorelands, wildlife habitat, and other sensitive areas.

H. That the granting of the proposed conditional use is consistent and compatible with the intent of the goals, objectives and policies of the comprehensive plan. For essential public facilities, the Hearing Examiner shall balance the goals and policies of the comprehensive plan, the intent of this code, and the public need for the proposed facility.

I. The proposed use complies with the appropriate development and performance standards and all other applicable provisions of the City of Lakewood Land Use and Development Code. (Ord. 307 § 6, 2003; Ord. 264 § 1 (part), 2001.)

18A.10.160Action of Hearing Examiner - Conditional Use Permit.

A. In addition to demonstrating compliance with the criteria as determined by the Hearing Examiner, the applicant shall accept those conditions that the Hearing Examiner finds are appropriate to obtain compliance with the criteria.

B. In permitting a conditional use, the Hearing Examiner may impose any or all of the following conditions:

1. Limit the manner in which the use is conducted, including restricting the time an activity may take place and restraints to minimize such environmental effects as noise, vibration, air pollution, glare and odor.

2. Establish a special yard or other open space or lot area or dimension.

3. Limit the height, size or location of a building or other structure.

4. Designate the size, number, location or nature of vehicle access points.

5. Increase the amount of street dedication, roadway width or improvements within the street right-of-way.

6. Designate the size, location, screening, drainage, surfacing or other improvement of a parking or truck loading areas.

7. Limit or otherwise designate the number, size, location, and height of lighting of signs.

8. Limit the location and intensity of outdoor lighting or require its shielding.

9. Require screening, landscaping or another facility to protect adjacent or nearby property and designate standards for installation or maintenance of the facility.

10. Design the size, height, location or materials for a fence.

11. Protect existing trees, vegetation, water resources, wildlife habitat or other significant natural resources.

12. Require provisions for public access, physical and visual, to natural, scenic and recreational resources.

13. Require provisions for stormwater drainage including designating the size, location, screening, or other improvements of detention ponds and other facilities

14. Impose special conditions on the proposed development to ensure that development is in conformance with the surrounding neighborhood and the intent and purpose of the zoning district classification.

15. Require such financial guarantees and evidence that any applied conditions will be complied with.

C. The decision of the Hearing Examiner is considered final and conclusive by the City. (Ord. 408 § 3, 2006; Ord. 264 § 1 (part), 2001.)

18A.10.170Appeals - Conditional Use Permit. (Repealed)

(Repealed Ord. 408 § 4, 2006; Ord. 264 § 1 (part), 2001.)

18A.10.180Period of Validity - Conditional Use Permit.

Authorization of a conditional use shall be void after a period of one (1) year unless the use is begun within that time or substantial construction or action pursuant thereto has taken place. However, the City may, at the discretion of the Community Development Director, extend authorization for one (1) additional year upon request, provided such request is submitted in writing at least thirty (30) days and not more than sixty (60) days prior to expiration of the permit. (Ord. 264 § 1 (part), 2001.)

18A.10.200Administrative Use Permit.
18A.10.210Purpose - Administrative Use Permit.

The purpose of this section is to establish an administrative review process and decision criteria to evaluate proposed land uses that, due to unique qualities or circumstances, may require some additional regulation or control. The administrative use permit (AUP) process is intended to ensure that the proposed activity, if established, will be in full compliance with applicable regulations, that the unique qualities of the use are addressed and mitigated, and that such use is compatible with the comprehensive plan and adjacent uses. (Ord. 264 § 1 (part), 2001.)

18A.10.215Existing Uses - Administrative Use Permit.

A. Any use existing at the time of adoption of this title which is within the scope of uses requiring an administrative use permit in the zoning district in which the property is situated shall be deemed a conforming use without necessity of obtaining an AUP.

B. Any expansion of an existing administrative use shall be required to apply for a new AUP if the Community Development Director finds that there is a change in the nature of the use or a significant change in the intensity of the use created by such an expansion.

C. Any use operating under the provisions of an existing AUP at the time of adoption of this title which is within the scope of uses requiring an AUP in the zoning district in which the property is situated shall be deemed conforming use without necessity of a new AUP, unless a proposed expansion would result in a change in the nature of the use or a significant change in the intensity of the use created by such an expansion.

D. Any use operating under the provisions of an existing AUP at the time of adoption of this title which is within the scope of primary permitted uses in the applicable zoning district shall be deemed a conforming use, provided that all conditions of approval and development standards are being met. (Ord. 264 § 1 (part), 2001.)

18A.10.220Application for an Administrative Use Permit.

A. An AUP is a Process II application type and subject to all the procedural requirements applicable to this application type.

B. An applicant proposing to develop an administrative use shall provide sufficient facts and evidence to enable the Community Development Director to make a determination. The application shall be on the form prescribed by the Community Development Department and shall include all of the information and materials required by the application form. The established fee shall be submitted at time of application.

C. Administrative use permit applications shall be filed with the Community Development Department. The AUP application shall be reviewed and circulated for comment by City staff. (Ord. 264 § 1 (part), 2001.)

18A.10.225Public Notice - Administrative Use Permit.

A. Public notice is required for an AUP pursuant to LMC 18A.02.545.

B. Other actions taken in conjunction with the permit, such as SEPA or other activities, may require additional public notice for the AUP, pursuant to LMC 18A.02.600. (Ord. 264 § 1 (part), 2001.)

18A.10.230Required Findings - Administrative Use Permit.

The Community Development Director shall approve an AUP only if he has reviewed the proposed use and has made written findings that all of the standards and criteria set forth below have been met or can be met subject to conditions of approval:

A. That the approval of the proposed AUP will not be detrimental to the public health, safety, and general welfare; nor will it be injurious to, or adversely affect, the uses, property, or improvements adjacent to and in the vicinity of the site upon which the proposed use is proposed to be located.

B. That the approval of the proposed AUP is consistent and compatible with the intent of goals, objectives and policies of the comprehensive plan and any other City ordinances.

C. The proposed use and the project design comply with the zoning district and all applicable development regulations.

D. That all conditions necessary to mitigate the impacts of the proposed use have been included in the project design or will be required as conditions of approval, and are capable of being monitored and enforced.

E. That all requirements for a specific use have been addressed by the applicant. (Ord. 264 § 1 (part), 2001.)

18A.10.240Decision - Administrative Use Permit.

A. When granting an administrative use permit, the Community Development Director may attach specific conditions to the permit that will serve to accomplish the standards, and/or meet the criteria, and policies established in the comprehensive plan and this title. The Community Development Director may deny an application for an AUP if the establishment of the use would be incompatible with the surrounding area or incapable of complying with specific standards set forth in this code, or if any of the above required findings are not supported by evidence in the record as determined by the Community Development Director.

B. In addition to demonstrating compliance with the criteria as determined by the Community Development Director, the applicant shall accept those conditions that the Community Development Director finds are appropriate to obtain compliance with the criteria.

C. In permitting an administrative use, the Community Development Director may impose any or all of the following conditions:

1. Limit the manner in which the use is conducted, including restricting the time an activity may take place and restraints to minimize such environmental effects as noise, vibration, air pollution, glare and odor.

2. Establish a special yard or other open space or lot area or dimension.

3. Limit the height, size or location of a building or other structure.

4. Designate the size, number, location or nature of vehicle access points.

5. Increase the amount of street dedication, roadway width or improvements within the street right-of-way.

6. Designate the size, location, screening, drainage, surfacing or other improvement of a parking or truck loading areas.

7. Limit or otherwise designate the number, size, location, and height of lighting of signs.

8. Limit the location and intensity of outdoor lighting or require its shielding.

9. Require screening, landscaping or another facility to protect adjacent or nearby property and designate standards for installation or maintenance of the facility.

10. Design the size, height, location or materials for a fence.

11. Protect existing trees, vegetation, water resources, wildlife habitat or other significant natural resources.

12. Require provisions for public access, physical and visual, to natural, scenic and recreational resources.

13. Require provisions for stormwater drainage including designating the size, location, screening, or other improvements of detention ponds and other facilities

14. Impose special conditions on the proposed development to ensure that development is in conformance with the surrounding neighborhood and the intent and purpose of the zoning district classification.

15. Require such financial guarantees and evidence that any applied conditions will be complied with. (Ord. 264 § 1 (part), 2001.)

18A.10.260Period of Validity - Administrative Use Permit.

Authorization of an AUP shall be void after a period of one (1) year unless the use is begun within that time or substantial construction or action pursuant thereto has taken place. However, the City may, at the discretion of the Community Development Director, extend authorization for six (6) additional months upon request, provided such request is submitted in writing at least thirty (30) days and not more than sixty (60) days, prior to expiration of the permit. (Ord. 264 § 1 (part), 2001.)

18A.10.300Variances.
18A.10.305Purpose - Variances.

The intent of this section is to provide an avenue of relief where, by reason of exceptional configuration, or by reason of other unique and extraordinary situations or conditions existing on a piece of property, the strict application of development regulations enacted under this title would result in peculiar, exceptional and undue hardship upon the owner of such property, which was not the result of actions of the applicant, property owner or a previous property owner or agent. (Ord. 264 § 1 (part), 2001.)

18A.10.310Limitations - Variances.

A variance shall not relieve an applicant from any of the procedural provisions of this title, conditions of approval established during prior permit review, any of the provisions of the critical areas code, except for the required buffer widths. The variance process shall not allow the establishment of a use that is not otherwise permitted in the zoning district in which the proposal is located or allow development that would result in an increase in density or a reduction in the minimum lot size. (Ord. 264 § 1 (part), 2001.)

18A.10.311Required Findings - Variances.

A variance shall only be granted after the Community Development Director or Hearing Examiner, as appropriate, has reviewed the proposed variance and has made written findings that the standards and criteria set forth below have been met or can be met subject to conditions of approval:

A. That unique circumstances or conditions exist that are applicable to the land or buildings for which a variance is sought. Said circumstances or conditions are peculiar to such land or buildings and do not apply generally to the land or buildings in the area. The Hearing Examiner or Director may consider legal, nonconforming aspects of existing structures for the purpose of this finding.

B. That proof exists of undue hardship if the variance is not granted. It is not sufficient proof of hardship to show that a greater profit would result if a variance were granted; nor shall loss of value be a valid reason to grant a variance. Furthermore, the hardship cannot be self-created, nor can it be created by actions of a property owner or a previous property owner who purchases property with or without the knowledge of restrictions present. The hardship must result from the strict application of this title; and be suffered directly by the property in question. Evidence of a variance granted under similar circumstances shall not be considered as a solely sufficient cause to grant hardship relief.

C. That the granting of the variance shall be consistent with the comprehensive plan and in agreement with the general purpose and intent of the regulations imposed by this title.

D. That the granting of the variance shall neither be injurious to the neighborhood or community, nor otherwise detrimental to the public welfare.

E. That the granting of the variance will not confer upon the applicant any special privilege that is denied by this title to other lands, structures, or buildings in the area.

F. That the granting of the variance will not permit the establishment of any development or use which is not permitted by the title. (Ord. 307 § 7, 2003.)

18A.10.315Administrative Variances.
18A.10.325Application for an Administrative Variance.

A. An administrative variance is a Process II application type and subject to all the procedural requirements applicable to this application type.

B. Applications for administrative variances shall be on the form prescribed by the Community Development Department and shall include all of the information and materials required by the application form. An applicant shall provide sufficient facts and evidence to enable the Community Development Director to make a decision.

C. Applications for administrative variances shall be filed with the Community Development Department. (Ord. 264 § 1 (part), 2001.)

18A.10.330Public Notice - Administrative Variances.

A. Public notice is required for an administrative variance pursuant to LMC 18A.02.545.

B. Other actions taken in conjunction with the permit, such as SEPA or other activities, may require additional public notice for the administrative variance, pursuant to LMC 18A.02.600. (Ord. 264 § 1 (part), 2001.)

18A.10.335Decision - Administrative Variances.

The Community Development Director shall approve, approve with conditions, or deny the application in accordance with the criteria set forth in LMC 18A.10.311 Required Findings - Variances. (Ord. 307 § 8, 2003; Ord. 264 § 1 (part), 2001.)

18A.10.340Required Findings - Administrative Variances. (Repealed)

(Repealed Ord. 307 § 9, 2003; Ord. 264 § 1 (part), 2001.)

18A.10.345Appeals - Administrative Variances. (Repealed)

(Repealed Ord. 585 § 31, 2014; Ord. 264 § 1 (part), 2001.)

18A.10.350Period of Validity - Administrative Variances.

Authorization of an administrative variance shall be void after a period of one (1) year unless the use is begun within that time or substantial construction or action pursuant thereto has taken place. However, the City may, at the discretion of the Community Development Director, extend authorization for six (6) additional months upon request, provided such request is submitted in writing at least thirty (30) days and not more than sixty (60) days prior to expiration of the permit. (Ord. 264 § 1 (part), 2001.)

18A.10.360Major Variances.
18A.10.365Scope - Major Variances.

The Hearing Examiner shall have the authority to grant a major variance where some exceptional physical condition related to a parcel of land results in unnecessary hardship from the strict application of certain development provisions and preventing the owner from using the property as intended by this title. Any major variance granted shall be the minimum adjustment necessary for the reasonable use of the land. (Ord. 264 §1 (part), 2001.)

18A.10.370Application for a Major Variance.

A. A major variance is a Process III application type and subject to all the procedural requirements applicable to this application type.

B. Applications for major variances shall be on the form prescribed by the Community Development Department and shall include all of the information and materials required by the application form. An applicant shall provide sufficient facts and evidence to enable the hearing examiner to make a decision. The established fee shall be submitted at time of application.

C. Major variance applications shall be filed with the Community Development Department. The major variance application shall be reviewed and circulated for comment by City staff. (Ord. 264 § 1 (part), 2001.)

18A.10.375Public Notice - Major Variances.

Notice of application shall be provided pursuant to LMC 18A.02.670. (Ord. 264 § 1 (part), 2001.)

18A.10.380Public Hearing - Major Variances.

A. The Hearing Examiner shall hold an open record public hearing on any proposed major variance, and shall give notice thereof in accordance with the procedures established pursuant to LMC 18A.02.700.

B. The hearing shall be conducted in accordance to the requirements of LMC 18A.02.720. (Ord. 264 § 1 (part), 2001.)

18A.10.385Required Findings - Major Variances. (Repealed)

(Repealed Ord. 307 § 10, 2003; Ord. 264 § 1 (part), 2001.)

18A.10.390Hearing Examiner Action - Major Variances.

The Hearing Examiner shall approve, approve with conditions, or deny the application in accordance with the criteria set forth in LMC 18A.10.311, Required Findings - Variances. The decision of the Hearing Examiner shall be final. (Ord. 307 § 11, 2003; Ord. 264 § 1 (part), 2001.)

18A.10.395Period of Validity - Major Variances.

Authorization of a major variance shall be void after a period of one (1) year unless substantial construction or action pursuant thereto has taken place. However, the City may, at the discretion of the Community Development Director, extend authorization for an additional six (6) months upon request, provided such request is submitted in writing at least thirty (30) days and not more than sixty (60) days prior to expiration of the permit. (Ord. 264 § 1 (part), 2001.)

18A.10.400Design Review.
18A.10.410Purpose - Design Review.

Design review is an administrative process, the purpose of which is to implement and give effect to the comprehensive plan, its policies or parts thereof through the adoption of design criteria for development relative to site layout, landscape architecture and exterior structure design. It is the intent of the City that this process will serve to aid applicants in understanding the principal expectations of the City concerning design, and to encourage a diversity of imaginative solutions to development through the review and application of the design standards. (Ord. 264 § 1 (part), 2001.)

18A.10.420Authority - Design Review.

The adoption of the design guidelines is an element of the City’s regulation of land use, which is statutorily authorized. The design review process adopted herein is established as a Process I administrative function delegated to the Community Development Director pursuant to RCW Title 35A; therefore, in implementing the administrative design review process, the Community Development Director may adopt such rules and procedures as are necessary to provide for expeditious review of proposed projects. In the administration of this process, the Community Development Director may develop supplementary handbooks for the public, which shall pictorially illustrate and provide additional guidance on the interpretation of the design standards established, as well as provide a detailed explanation of the design review process. (Ord. 264 § 1 (part), 2001.)

18A.10.430Application and Review Process - Design Review.

A. Design review is a Process I application type and subject to all the procedural requirements applicable to this application type.

B. Design review applications shall be on a form prescribed by the Community Development Department and shall include all of the information and materials required by the application form. An applicant shall provide sufficient facts and evidence to enable the Community Development Director to make a decision. The established fee shall be submitted at time of application.

C. Applications for design review shall be filed with the Community Development Department.

D. The Community Development Director shall provide the applicant with a written decision either approving, denying or approving the application with modifications and/or conditions of approval. (Ord. 264 § 1 (part), 2001.)

18A.10.440Appeals - Design Review. (Repealed)

(Repealed Ord. 585 § 32, 2014; Ord. 264 § 1 (part), 2001.)

18A.10.500Temporary Use Permits.
18A.10.510Purpose - Temporary Use Permits.

The provisions of this section are designed to provide standards and criteria for temporary relief to situations resulting from strict application of this title. Provisions authorizing temporary uses are intended to permit occasional temporary uses, activities and structures when consistent with the purpose of this title and when compatible with the general vicinity and adjacent uses. (Ord. 264 § 1 (part), 2001.)

18A.10.520Permitted Uses - Temporary Use Permits.

The following types of temporary uses, activities and associated structures may be authorized, subject to specific limitations in this section and such additional conditions as may be established by the Community Development Director:

A. Circuses, carnivals, rodeos, fairs or similar transient amusement or recreational activities.

B. Christmas tree sales lots, flower stands, and similar seasonal sales facilities limited to location on non-residential lots in commercial or industrial zoning districts. Specific facilities that are reestablished on the same site and at the same intensity every year may be reauthorized as a minor amendment to the original permit.

C. Mobile home residences used for occupancy by supervisory and security personnel on the site of an active construction project.

D. Temporary use of mobile trailer units or similar portable structures for nonresidential purposes, located in districts where the intended use is permitted.

E. Seasonal retail sales of agricultural or horticultural products raised or produced off the premises, permitted in commercial or industrial zoning districts only.

F. Neighborhood or community garage or rummage sales, block parties, parades or holiday celebrations, and other similar neighborhood or community activities. The Community Development Director may exempt certain fund-raising or other activities by non-profit organizations from the permit requirements of this section where it is determined that the proposed activity is not likely to have adverse impacts on surrounding land uses or the community in general.

G. The Community Development Director may authorize additional temporary uses not listed in this subsection when it is found that the proposed uses are in compliance with the requirements and findings of this section. (Ord. 500 § 6, 2009; Ord. 308 § 1, 2003; Ord. 264 § 1 (part), 2001.)

18A.10.525Exemptions - Temporary Use Permits.

The following temporary uses, activities and structures may be exempted from the requirement to obtain a temporary use permit upon the determination by the Community Development Director that the use, activity or structure is expected and/or normal or customary for the facility or property where it is occurring, and that the expected impacts of the use, activity or structure have been anticipated or are regulated directly by other sections of this code:

A. Model homes or apartments and related real estate sales and display activities located within a subdivision or residential development to which they pertain, subject to all applicable provisions of LMC 17.42.040.

B. Indoor or outdoor art and craft shows and exhibits, swap meets and flea markets, limited parking lot and sidewalk sales and displays, warehouse sales and similar activities limited to locations on properties in commercial or industrial districts, where such activities have been anticipated and/or are considered customary for the facility, and which do not result in significant impacts on adjacent public and private properties and are conducted by the business licensed for the property. Parking lot sales that displace or interfere with required off-street parking shall require a temporary use permit.

C. Contractor’s office, storage yard and equipment parking and servicing on or adjacent to the site of an active construction project; provided that the Director may require a temporary use permit or condition such facilities to resolve site specific issues. This exemption does not include caretaker quarters or other residential uses or dwellings, which are otherwise regulated.

The Director may authorize automatic or abbreviated renewal provisions for any temporary use permit. Such provisions shall be specified in the terms of the original permit. (Ord. 500 § 7, 2009.)

18A.10.530Application and Authorization - Temporary Use Permits.

A. A temporary use permit is a Process I application type and subject to all the procedural requirements applicable to this application type.

B. Temporary use applications shall be on a form prescribed by the Community Development Department and shall include all of the information and materials required by the application form. An applicant shall provide sufficient facts and evidence to enable the Community Development Director to make a decision. The established fee shall be submitted at time of application.

C. Applications for temporary use permits shall be filed with the Community Development Department. Application shall be made at least fifteen (15) days prior to the requested date for commencement of the temporary use.

D. A temporary use authorized pursuant to this section shall be subject to all of the applicable standards of LMC 18A.10.540, Standards for Temporary Use, and shall not be exempted or relieved from compliance with any other ordinance, law, permit or license applicable to such use, except where specifically noted. (Ord. 264 § 1 (part), 2001.)

18A.10.540Standards for Temporary Use.

A. Each site occupied by a temporary use shall be left free of debris, litter or other evidence of temporary use upon completion or removal of the use.

B. A temporary use conducted in a parking facility shall not occupy or remove from availability more than twenty (20) percent of the spaces required for the permanent use.

C. Each site occupied by a temporary use must provide or have available sufficient off-street parking and vehicular maneuvering area for customers. Such parking need not comply with the development requirements of LMC 18A.50.500, Parking, but must provide safe and efficient interior circulation and ingress and egress from the public right-of-way.

D. No temporary use shall occupy or use public rights-of-way, parks or other public lands in any manner unless specifically approved by the City Council.

E. No temporary use shall occupy a site or operate within the city for more than ninety (90) days within any calendar year, except as follows:

1. When authorized by the Community Development Director, a temporary use may operate an additional ninety (90) days if it is found that such an extension will be consistent with the requirements of LMC 18A.10.510, Purpose, LMC 18A.10.520, Permitted Uses, and LMC 18A.10.540, Standards for Temporary Use.

2. A temporary use may given an additional extension if unique circumstances exist that necessitate a longer use such as construction office or security housing for an active construction site and such an extension will be consistent with the requirements of LMC 18A.10.510, Purpose, LMC 18A.10.520, Permitted Uses, and LMC 18A.10.540, Standards for Temporary Use, or can be consistent, subject to conditions of approval.

F. All signs shall comply with the requirements of LMC 18A.50.600, Signs, except as otherwise specified in this section.

G. All temporary uses shall obtain all required City permits, licenses or other approvals, prior to occupancy of the site.

H. The Community Development Director may establish such additional conditions as may be deemed necessary to ensure land use compatibility and to minimize potential impacts on nearby uses. These include, but are not limited to, time and frequency of operation, setbacks, special yards, and spaces; control of points of vehicular ingress and egress, temporary arrangements for parking, loading and traffic circulation, requirements for screening or enclosure, site maintenance during use, and guarantees for site restoration and cleanup following temporary use.

I. Subsequent temporary use permits may be denied to an applicant, event or organization based on failure to comply with the terms of an approved temporary use permit or applicable regulations. (Ord. 483 § 8, 2008; Ord. 264 § 1 (part), 2001.)

18A.10.550Criteria for Granting Approval - Temporary Use Permits.

A temporary use permit shall only be granted when the Community Development Director, after consultation and coordination with all other applicable City departments and other agencies, has determined that:

A. The temporary use will be compatible with uses in the general vicinity and on adjacent properties.

B. The temporary use will not create a material adverse effect on the livability or appropriate development of abutting properties and the surrounding community.

C. The temporary use will not impair the normal, safe and effective operation of a permanent use on the same site.

D. The temporary use will comply with the requirements of the zone within which it is proposed.

E. The temporary use shall comply with all applicable standards of the Pierce County Health Department.

F. In applying temporary use criteria and determination of appropriate conditions, consideration shall be given, but not limited to:

1. The harmony and scale, bulk, coverage, and density.

2. The availability of public facilities and utilities.

3. The harmful effect, if any, upon a desirable neighborhood character.

4. The generation of traffic and the capacity of surrounding streets and roads.

5. The creation of noise, vibration, odors, or other similar nuisances. and

6. Any other relevant impact on the peace, quiet, comfort, and enjoyment by and of the abutting properties and the surrounding community. (Ord. 264 § 1 (part), 2001.)

18A.10.555Decision - Temporary Use Permits.

The Community Development Director shall provide the applicant with a written decision, either approving, denying or approving the application with modifications and/or conditions of approval, within fifteen (15) days after the date of submission of a complete application. (Ord. 264 § 1 (part), 2001.)

18A.10.560Appeals - Temporary Use Permits. (Repealed)

(Repealed Ord. 585 § 33, 2014; Ord. 264 § 1 (part), 2001.)

18A.10.600Development Agreement.
18A.10.610Purpose - Development Agreement.

A development agreement is a project-specific process and agreement that is intended to provide the developer and the City the opportunity to achieve an enhanced urban design of a development which could be not be achieved through the strict application of the development standards of the zoning district. The process is intended for larger, complex, and/or multi-phased projects. The development agreement is a voluntary, negotiated, project-specific agreement with final approval by the City Council as authorized by RCW 36.70B.170 through 210. The development agreement process allows the City and a person having ownership or control of real property within the city to enter into an agreement for the development of the property and sets forth specific development standards and other provisions that shall apply to, govern, and vest the development, use, environmental and other impact mitigation for the development for the duration specified in the agreement. Development agreements shall vest solely the project, standards, mitigation measures, and procedures set forth in the agreement and shall be subject to modifications in, or the adoption of, other development standards that are not inconsistent with those set forth in the agreement. The City reserves the power to unilaterally amend a development agreement to any extent required by a serious threat to public health and safety. This section is administrated in accordance with RCW 36.70B.170 through 210. (Ord. 264 § 1 (part), 2001.)

18A.10.620Applicability - Development Agreement.

A development agreement may permit the modification of dimensional and quantitative development standards to enhance the design of a development while fulfilling the intent of the development regulations of the zoning district. The City may, at its discretion, address the developments standards identified in RCW 36.70B or as identified by the City which are not expressly prohibited in this code. The scope of the development agreement may include, but is not limited to:

A. The amount and payment of impact fees imposed or agreed to in accordance with any applicable provisions of state law, any reimbursement provisions, other financial contributions by the property owner, inspections fees, or dedications.

B. Mitigation measures, development conditions, and other requirements under Chapter 43.21C RCW.

C. Design standards such as maximum heights, setbacks, lot size, drainage and water quality requirements, landscaping, and other development features.

D. Affordable housing.

E. Parks and open space requirements.

F. Phasing.

G. Review procedures and standards for implementing decisions.

H. A build-out phasing or vesting period for applicable standards.

I. Any other appropriate development requirements or procedures. (Ord. 264 § 1 (part), 2001.)

18A.10.630Approval - Development Agreement.

The City may only approve a development agreement by ordinance or resolution after a public hearing. The City Council may conduct the hearing or delegate this responsibility to the Hearing Examiner if a development agreement is combined with other land-use actions and permits for specific projects. (Ord. 264 § 1 (part), 2001.)

18A.10.700Planned Action.
18A.10.710Purpose and Scope - Planned Action.

A planned action means one (1) or more types of project action that are designated planned actions by an ordinance or resolution adopted by the City and have had the significant impacts adequately addressed in an environmental impact statement prepared in conjunction with either a comprehensive plan or sub-area plan adopted under Chapter 36.70A RCW or a fully contained community, a master planned resort, a master planned development or a phased project; which are not essential public facilities, as defined in RCW 36.70A.200; and are:

A. Subsequent or implementing projects for the plans, projects or proposals.

B. Located within an urban growth area, as defined in RCW 36.70A.030.

C. Consistent with the City’s comprehensive plan adopted under Chapter 36.70A RCW. (Ord. 264 § 1 (part), 2001.)

18A.10.720Applicability - Planned Action.

The City shall limit planned actions to certain types of development or to specific geographical areas that are less extensive than the jurisdictional boundaries of the city and may limit a planned action to a time period identified in the environmental impact statement or in the ordinance or resolution designating the planned action under RCW 36.70A.040. (Ord. 264 § 1 (part), 2001.)

18A.10.730Project Review - Planned Action.

Project review of a planned action shall be used to identify specific project design and conditions relating to the character of development, such as the details of site plans, building plans, pedestrian and vehicular access and circulation, stormwater drainage plans, the payment of impact fees, or other measures to mitigate a proposal’s probable adverse environmental impacts. (Ord. 264 § 1 (part), 2001.)