Chapter 21.24
CONDITIONAL USE PERMITS

Sections:

21.24.050    Procedure.

21.24.100    Authority for issuance.

21.24.150    General criteria for issuance of conditional use permit.

21.24.200    Application, hearing and notice.

21.24.300    Expiration of conditional use permits.

21.24.310    Extension.

21.24.400    Compliance with conditions of permit required.

21.24.410    Secure community transition facility (SCTF).

21.24.420    Expired.

21.24.050 Procedure.

The issuance of any conditional use permit must be in accordance with procedures set forth in Process I, LMC 1.35.100 et seq. (Ord. 2020 § 12, 1994; Ord. 1789 § 4, 1990; Ord. 1530 § 2, 1986; Ord. 1425 § 1, 1984; Ord. 1358 § 5, 1983; Ord. 1151 § 7, 1980; Ord. 631 § 1, 1971; Ord. 522 § 2, 1969; Ord. 494 § 2, 1969)

21.24.100 Authority for issuance.

The hearing examiner may issue conditional use permits for any of the uses for which this title requires the obtaining of such permits, but not for any other use or purpose. In considering any conditional use permit, the hearing examiner shall prescribe any conditions that he/she deems to be necessary to or desirable for the public interest, and where appropriate may stipulate that the permit is temporary and establish an expiration date. However, no conditional use permit shall be granted unless it is found that:

A. The use for which such a permit is sought will not be injurious to the neighborhood or otherwise detrimental to the public welfare; and

B. It will be in harmony with the general purpose of this title.

The hearing examiner may allow relaxation of the development standards of this title if he/she finds that alternative amenities, improvements, proposed location of uses or structures, or other features incorporated into the proposal are in harmony with the general purpose of this title and would provide equal or better protection to the public interest than would the standards proposed to be relaxed. (Ord. 2441 § 8, 2003; Ord. 2020 § 12, 1994)

21.24.150 General criteria for issuance of conditional use permit.

In determining findings, the hearing examiner shall take into account the character and use of adjoining buildings and those in the vicinity, the number of persons residing or working in such buildings or upon such land, traffic conditions in the vicinity, compliance with any special conditional use criteria for that specific use set forth in this chapter and all factors relevant to the public interest.

In case of rejection by the hearing examiner on any application processed, a six-month waiting period shall be necessary before reapplication. (Ord. 2441 § 8, 2003; Ord. 2020 § 12, 1994)

21.24.200 Application, hearing and notice.

Application for a conditional use permit shall be made on forms prescribed by the city, and shall be accompanied by the following information; provided, that the development and business services director may waive any of these items, pursuant to LMC 1.35.015(A), upon request by the applicant and finding that the item is not necessary to analyze the application:

A. A site plan of the property, drawn to scale, showing existing natural features, existing and proposed grades, existing and proposed utility improvements, existing and proposed rights-of-way and improvements, and existing and proposed structures and other improvements, and particularly identifying the location of parking for the proposed use; this site plan shall also show structures, other improvements and natural features that are located within 50 feet of the project site; this information may be shown on several sheets if needed for readability;

B. A landscape plan, showing existing and proposed landscaping and fencing;

C. A vicinity map, showing the location of the site in relation to nearby streets and properties;

D. A written summary of the proposal, including the goals of the proposal, the section(s) of this municipal code which require approval of the application, and the relationship of the arrangement of buildings and other structures, parking, and landscaping to those goals and to development and use of adjoining properties;

E. A summary table of project statistics, including site area, building coverage, coverage by impervious surface, required and proposed parking, and similar data, as required, to evaluate conformance of the proposed project with city regulations;

F. A list of uses for which the conditional use permit is sought and the gross floor area or gross lot area that each use would occupy;

G. A written description of the proposed operation of the use, including hours of operation, number of employees, and any proposed storage or use of hazardous materials;

H. A written statement addressing the decision criteria;

I. A legal description of the property, including parcel number;

J. A statement to the effect that the applicant or applicants are the sole owners of the property;

K. Photographs of the site;

L. A completed SEPA checklist (for environmental review), unless the project is categorically exempt from SEPA review;

M. A list of other permits that are or may be required for development of the property (issued by the city of by other government agencies), insofar as they are known to the applicant;

N. A list of other city permits that are to be processed concurrently with this permit, pursuant to LMC 1.35.080;

O. Deposit funds or post bond for required fees and costs as set forth in Chapter 3.104 LMC;

P. Exterior elevation of all existing and proposed structures;

Q. A colors and materials board showing all proposed colors and materials;

R. If the project is to be developed or occupied in phases, a schedule for each phase;

S. A list of all development standards for which the applicant is requesting relaxation, pursuant to this section, and an explanation of the reason or justification for relaxation of each standard.

A conditional use permit application shall be processed in accordance with the procedures set forth in Process I, LMC 1.35.100 et seq. (Ord. 3399 § 2 (Exh. A), 2021; Ord. 2656 §§ 1, 2, 2006; Ord. 2441 § 8, 2003; Ord. 2242 § 9, 1999; Ord. 2075 § 3, 1996; Ord. 2020 § 12, 1994; Ord. 1630 § 5, 1988; Ord. 1135 § 5, 1980; Ord. 522 § 2, 1969; Ord. 494 § 2, 1969)

21.24.300 Expiration of conditional use permits.

Any conditional use permit which is issued and not utilized within two years from the effective date of the permit, or within such shorter period of time as may be stipulated by the hearing examiner, shall expire. In order for a conditional use permit to be considered as being utilized, there shall be submitted to the city, by the applicant for the permit, a valid building permit application including a complete set of plans in the case of a conditional use permit for a use which would require new construction; an application for a certificate of occupancy and business license in the case of a conditional use permit which does not involve new construction; or, in the case of an outdoor use, evidence that the site has been and is being utilized in accordance with the terms of the conditional use permit. After a use has been established in accordance with the terms of the conditional use permit, a lapse of one year during which the premises are not used for the purposes provided for in the permit shall cause the permit to expire and be of no further consequence. Any conditional use permit approved prior to the enactment of this chapter shall expire two years from the date of approval by the hearing examiner unless the permit has been utilized as provided in LMC 21.24.100 through this section. (Ord. 2824 § 3, 2010; Ord. 2441 § 8, 2003; Ord. 2020 § 12, 1994; Ord. 522 § 2, 1969; Ord. 494 § 2, 1969)

21.24.310 Extension.

Upon application of the applicant or agent of record, the development and business services director may extend a conditional use permit, not to exceed one year, if:

A. Unforeseen circumstances or conditions necessitate the extension of the conditional use permit; and

B. Termination of the conditional use permit would result in unreasonable hardship to the applicant, and the applicant is not responsible for the delay; and

C. The extension of the conditional use permit will not cause substantial detriment to existing uses in the immediate vicinity of the subject property.

D. Exception. Effective until June 1, 2010, the applicant or agent of record for any unexpired conditional use permit approval granted on or before the effective date of the ordinance codified in this section, or expired conditional use permit valid as of January 1, 2009, may submit a written application in the form of a letter with supporting documentation to the development and business services department requesting an additional one-time, one-year time extension. The extension for a currently unexpired conditional use permit shall be one year from the expiration date. The extension for an expired conditional use permit shall be valid for one year from the date of the retroactive extension approval. The director shall make a decision using the criteria set forth for extensions in this section. (Ord. 3399 § 2 (Exh. A), 2021; Ord. 2824 § 4, 2010)

21.24.400 Compliance with conditions of permit required.

The conditions of the permit shall be fully complied with, and upon failure to comply, the development and business services director may investigate and enforce the conditions of the conditional use permit in the same manner as an ordinance violation. The development and business services director may also initiate a hearing by the hearing examiner to determine the degree of noncompliance. Upon finding a substantial degree of noncompliance the hearing examiner may recommend to the city council that the permit be revoked. Should the hearing examiner recommend that the permit be revoked the city council shall consider the matter as though it were an appeal of the examiner’s decision in accordance with LMC 1.35.150 through 1.35.160. Continuation of the use after a permit has been revoked by the city council shall be considered an illegal occupancy and subject to each and every legal remedy available to the city. (Ord. 3399 § 2 (Exh. A), 2021; Ord. 2441 § 8, 2003; Ord. 2020 § 12, 1994; Ord. 494 § 2, 1969)

21.24.410 Secure community transition facility (SCTF).

A. The siting of an SCTF in the city of Lynnwood requires the issuance of a conditional use permit in accordance with the provisions of this chapter and section. The siting process and criteria for essential public facilities eligible for common site review described in the Capital Facilities and Utilities element of the Lynnwood Comprehensive Plan is hereby adopted as an optional process that may be elected by the sponsor of an SCTF in addition to the conditional use permit process required by this section. In considering the concentration of essential public facilities in the site evaluation criteria described in the Capital Facilities and Utilities element of the Lynnwood Comprehensive Plan, the essential public facilities to be considered are those listed in RCW 71.09.250(8). Any mitigation required under the common siting process will not exceed those provided for by RCW Title 71.

B. In addition to the requirements required of all conditional uses in this chapter, an SCTF shall also be subject to the following standards:

1. Siting shall be limited to locations zoned general commercial (CG), business/technical park (BTP), and light industrial (LI) and only in such zoned areas that are south of 208th Street SW, and west of 60th Avenue W.

2. Siting Criteria.

a. Policy guidelines adopted by the Secretary of Social and Health Services for the State of Washington for the siting of an SCTF shall be considered when providing for the siting of secure community transition facilities.

b. The siting requirements set forth in RCW 71.09.285 through 71.09.340 shall be considered as minimum requirements and nothing therein shall prevent the imposition of any condition or cause for denial of a conditional use permit for an SCTF so long as the condition or cause for denial does not impose a requirement more restrictive than those specifically addressed in RCW 71.09.285 through 71.09.340.

3. Conditional Use Permit Application Process. A conditional use permit application for an SCTF shall comply with all the permitting and procedural requirements pertaining to a conditional use permit under this chapter and the application thereof shall be accompanied by the following:

a. The siting process used for the SCTF, including alternative locations considered.

b. An analysis showing that consideration was given to potential sites such that siting of the facility will have no undue impact on any one racial, cultural, or socio-economic group, and that there will not be a resulting concentration of similar facilities in a particular neighborhood, community, jurisdiction, or region.

c. Proposed mitigation measures including the use of effective site buffering from adjacent uses.

d. A general description of the security plan for the facility and the residents.

e. Proposed operating rules for the facility.

f. A schedule and analysis of all public input solicited or to be solicited during the siting process.

4. The city of Lynnwood will require expert assistance in reviewing the state’s SCTF application. The fee charged for the SCTF application shall be sufficient to pay for such expert assistance. (Ord. 2460 §§ 3, 4, 2003)

21.24.420 Opiate substitution treatment service provider (OSTSP).

Expired May 11, 2004. (Ord. 2465* § 1, 2003; Ord. 2450 § 1, 2003; Ord. 2429 §§ 3, 4, 2002)

*Sunset clause: Ordinance 2465 extends Ordinance 2429’s effective date to no later than May 11, 2004.