Chapter 17.42 SPECIAL USES

Chapter 17.42
SPECIAL USES

Sections:

17.42.010 Purpose.

17.42.020 Application requirements.

17.42.030 Special use permit decision and appeal process.

17.42.040 Special use review and approval criteria.

17.42.050 Additional review criteria pertaining to parking lots.

17.42.060 Class II special use – Use-specific standards.

17.42.070 Special use notification of hearing.

17.42.080 Status of special uses.

17.42.090 Special use time limits and revocation.

17.42.010 Purpose.

The purpose of this section is to allow certain specified uses through a special use permit. Special uses are those which are deemed necessary to the public convenience but are found to possess characteristics relating to their size, numbers of people involved, traffic generated, and their potential impact on the area which makes impractical their being identified exclusively with any particular zone classification as herein defined. Because of their special impact or unique characteristics, the following uses may have a substantial adverse impact upon or be incompatible with other uses of land. This impact often cannot be determined in advance of the use being proposed for a particular location.

It is the intent of this chapter to ensure that the location of these uses will not be unreasonably incompatible with uses permitted in the surrounding areas, the uses will not have a substantial adverse impact, and to permit the hearing examiner to impose stipulations and conditions as may reasonably assure that the basic intent of this chapter will be served regarding the approval, denial, or approval with conditions for the issuance of a special use permit.

Uses requiring the approval of a special use permit have been divided into Class I and Class II special uses. Review criteria for Class I special uses are found in MMC 17.42.040 and 17.42.050. Review of proposals for Class II special uses shall include the review criteria for Class I special uses and the appropriate criteria found in MMC 17.42.060 for Class II special uses.

A. Class I Special Uses.

1. Places of public assembly and recreation such as:

a. Ballfields;

b. Fairgrounds;

c. Golf and athletic facilities;

d. Open-air theaters;

e. Recreational areas, commercial, including tennis clubs and similar activities;

f. Recreational centers privately operated;

g. Rodeos;

h. Sports arenas;

2. Public and private transportation facilities:

a. Transit facilities, bus barns, park-and-ride lots, transit stations;

b. Parking lots.

B. Class II Special Uses.

1. Yard waste composting facilities;

2. Recycling processing centers;

3. Surface mines;

4. Amusement parks;

5. Stadiums;

6. Heliports. (Ord. 1912 § 1, 2017; Ord. 1741 § 21, 2009; Ord. 1553 § 1, 2002; Ord. 1405 § 2, 1999).

17.42.020 Application requirements.

An application for a special use permit shall include all of the information required in Chapter 17.70 MMC, Application Requirements. The application shall also include a list and description of all proposed activities planned or anticipated to occur on the property including the proposed hours of operation.

Copies of all reports, permits, or records required by or submitted to federal, state, regional, or county agencies pursuant to any laws or regulations shall be made available to the city upon request as relevant to the application and consistent with applicable law. Information required shall be limited to that pertaining to operations within the city of Milton. The public disclosure of such information shall be governed by applicable law. (Ord. 1912 § 1, 2017; Ord. 1741 § 21, 2009; Ord. 1405 § 2, 1999. Formerly 17.42.040).

17.42.030 Special use permit decision and appeal process.

When an application for a special use is filed with the city, the hearing examiner may authorize establishment of those uses that are expressly listed as special uses. No special use permit shall be issued unless the use complies with all of the applicable standards of this chapter. The city will follow Process Type V (Chapter 17.71 MMC, Permit Decision and Appeal Processes) in the consideration of special uses applications. (Ord. 1912 § 1, 2017; Ord. 1741 § 21, 2009; Ord. 1405 § 2, 1999. Formerly 17.42.020).

17.42.040 Special use review and approval criteria.

In the review of a special use permit application, the hearing examiner shall consider each of the following in his/her findings:

A. The city’s comprehensive plan.

B. The policies set forth in the state’s Growth Management Act.

C. There shall be a demonstrated need for the special use within the community at large which shall not be contrary to the public interest.

D. The special use shall be located, planned, and developed in such a manner that the special use shall not be detrimental to the health, safety, convenience, or general welfare of persons residing or working in the community.

E. Certain special uses may have characteristics that necessitate buildings or other structures associated with such uses to exceed the height limits of the zoning districts in which the special uses may be located. Therefore, the hearing examiner and city council may authorize the height of buildings or other structures associated with the following special uses to exceed the height limit set forth in the zoning district in which such uses are located, or as allowed in Chapter 17.15B MMC; provided, such height is consistent with the criteria contained in this section:

1. Ballfield;

2. Fairgrounds;

3. Open-air theaters;

4. Recreational areas, commercial, including tennis clubs and similar activities;

5. Rodeos;

6. Sports arenas; and

7. Transit facilities, bus barns, park-and-ride facilities.

F. The site is of adequate size to accommodate the proposed use, including, but not limited to, parking, traffic circulation, and buffers from adjacent properties.

G. Adequate landscaping, screening, yard setbacks, open spaces, or other design elements necessary to mitigate the impact of the special use upon neighboring properties shall be provided.

H. All external illumination is designed to face inward, so that impact to adjacent properties is minimized to the greatest extent practicable.

I. Parking areas are designed to assure that headlight glare from internal traffic does not affect motorists on adjoining streets.

J. On-site drainage is designed to assure that post-construction drainage has no greater impact on downstream properties than preconstruction drainage.

K. The proposed access to the site must be adequate considering traffic safety and existing street conditions.

L. There is adequate sight distance at each proposed point of access to the site to assure traffic safety.

M. The applicant must demonstrate and the hearing examiner must find that the noise generated by the proposed use shall not exceed the maximum permissible noise levels set forth in Chapter 173-60 WAC and shall not be an increase of more than five dBA above the ambient noise level. The ambient noise level shall be measured using the 15-hour period from 7:00 a.m. to 10:00 p.m. instead of using a 24-hour period.

N. The generation of noise, noxious or offensive emissions or odors, or other nuisances which may be injurious or detrimental to the community must be mitigated to the greatest extent practicable.

O. Availability of public infrastructure which may be necessary or desirable for the support of the special use. These may include, but shall not be limited to, availability of utilities, transportation systems (including vehicular, pedestrian and public transportation systems), and police and fire facilities.

P. Additional use-specific standards shall apply to the Class II special uses identified under MMC 17.42.060. (Ord. 1912 § 1, 2017; Ord. 1741 § 21, 2009; Ord. 1405 § 2, 1999. Formerly 17.42.060).

17.42.050 Additional review criteria pertaining to parking lots.

In addition to the criteria imposed by MMC 17.42.040, parking lots that are not required to satisfy the parking requirements for a special use shall be subject to the following special use review standards:

A. To the extent necessary to preserve public safety and prevent crime, parking lots shall be fenced to limit access and lighted to improve visibility.

B. Parking lot owners shall provide a plan to ensure adequate maintenance to mitigate impacts on surrounding properties, including impacts created by dust and litter. The parking lot owner shall also post a bond to cover the cost of implementing the plan.

C. Parking lots shall serve as a temporary use subject to a three-year limitation with a right of a two-year extension upon approval by the planning and community development director. A two-year extension shall be granted if the parking continues to comply with the requirements applicable to special uses, as identified in MMC 17.42.060 and this section. (Ord. 1912 § 1, 2017; Ord. 1741 § 21, 2009; Ord. 1663 § 18, 2006; Ord. 1570 § 1, 2003. Formerly 17.42.065).

17.42.060 Class II special use – Use-specific standards.

The following standards apply to the specific Class II special uses identified below:

A. Yard Waste Composting Facilities.

1. Purpose. To appropriately site facilities which import, process, package and distribute products derived from composting yard waste.

2. Standards.

a. Minimum lot size: two acres.

b. Maximum building site coverage: 25 percent.

c. Minimum structural setback: 50 feet.

d. The entire composting operation, including the stockpiling of materials prior to and following composting activities, must be conducted under a roof.

e. The operation shall be effectively screened from view by using a solid screen six feet high. Screening may include fences, walls, vegetation, berms with vegetation, combinations of these, or other methods, all of which must provide a permanent solid screen barrier to visibility from rights-of-way and adjacent and nearby properties. Vegetation used for screening must be of sizes, types, numbers, and siting adequate to achieve 100 percent opacity within three years. All vegetation used for screening shall be maintained in a healthy condition. Vegetation used for screening that dies shall be replaced within six months. Native vegetation shall be emphasized for replanting in screening areas. Vegetation for screening may include preserved native vegetation that meets the aforementioned requirements. Vegetation planted within low impact development facilities may count towards site screening requirements. Fences and walls over six feet high, which may be required to screen the use from adjacent properties, shall require a building permit and shall maintain the setback required in subsection (A)(2)(c) of this section.

f. The operation must employ current technology and comply with all federal, state, and local best management practices and regulations.

g. The operation shall obtain and maintain any required solid waste permit from applicable authorities.

B. Recycling Processing Centers.

1. Purpose. To appropriately site facilities which collect, process, store, and distribute the following recyclable materials: paper, cardboard, metal cans, and plastics.

2. Standards.

a. Minimum lot size: minimum acreage requirement for zone where use is permitted.

b. Maximum building site coverage: 60 percent.

c. Minimum structural setback: 20 feet from all property lines.

d. Direct access to the operation shall be from a collector or arterial road.

e. The collection, processing, and storage must be conducted within a building.

f. The operation shall be effectively screened from view by using a solid screen six feet high. Screening may include fences, walls, vegetation, berms with vegetation, combinations of these, or other methods, all of which must provide a permanent solid screen barrier to visibility from rights-of-way and adjacent and nearby properties. Vegetation used for screening must be of sizes, types, numbers, and siting adequate to achieve 100 percent opacity within three years. All vegetation used for screening shall be maintained in a healthy condition. Vegetation used for screening that dies shall be replaced within six months. Native vegetation shall be emphasized for replanting in screening areas. Vegetation for screening may include preserved native vegetation that meets the aforementioned requirements. Vegetation planted within low impact development facilities may count towards site screening requirements. Fences and walls over six feet high, which may be required to screen the use from adjacent properties, shall require a building permit and shall maintain the setback required in subsection (B)(2)(c) of this section.

g. The operation shall meet all federal, state, and local regulations and standards.

h. The operation shall obtain and maintain any required solid waste permit from the applicable county permitting authorities.

C. Surface Mining.

1. Purpose. To appropriately site surface mining and accessory uses.

2. Standards. The surface mining operation shall adhere to all conditions found in a Department of Natural Resources approved site reclamation permit, as required by Chapter 78.44 RCW.

3. Application Procedures. In addition to the information required in this chapter, the application to the city for a special use permit for surface mining shall include:

a. A contour map, drawn to the scale of 100 feet to the inch and contour intervals of 10 feet, or at a scale and topographic interval determined to be adequate by the land use administrator or his designee, showing current field topography, including the location of watercourses of the tract intended for the proposed operation and estimated thickness of overburdened and mineral-bearing strata in the tract intended for the proposed operation.

b. A copy of the applicant’s Department of Natural Resources reclamation permit application, as required by Chapter 78.44 RCW.

c. A list of all proposed activities anticipated or planned to occur on the site, including but not limited to the method of surface mining, washing, sorting, crushing, asphalt or concrete batching, equipment maintenance, or any activity that could result in a potential, significant, adverse environmental impact.

d. The application shall include a report demonstrating that the noise generated by the proposed use, as mitigated, shall not exceed the maximum permissible noise levels as set forth in Chapter 173-60 WAC.

4. Accessory Uses.

a. The following accessory uses are allowed only when expressly permitted in a special use permit issued by the hearing examiner: washing, sorting or crushing of rock or gravel, asphalt production (batching or drum mixing), concrete batching, storage or use of fuel, oil or other hazardous materials, and equipment maintenance.

b. Accessory uses are permitted only in conjunction with an existing surface mining operation. Recycling of asphalt or concrete is permitted as an accessory use only in conjunction with a permitted crusher and in accordance with any applicable city and county requirements.

5. Reports. Copies of any reports or records, except financial reports, required to be submitted to federal, state, regional or county officials or agencies pursuant to any laws or regulations shall be made available to the city upon request as relevant to the application and consistent with applicable law. The public disclosure of such information shall be governed by applicable law. The operator shall keep a record of the source of any asphalt, concrete or soils imported from off-site and stored on-site.

D. Amusement Parks.

1. Purpose. To appropriately site amusement parks.

2. Standards.

a. Minimum lot size: five acres.

b. Maximum building coverage: 60 percent.

c. Minimum structural setback: 60 feet.

d. The operation shall be effectively screened from view by using a solid screen six feet high. Screening may include fences, walls, vegetation, berms with vegetation, combinations of these, or other methods, all of which must provide a permanent solid screen barrier to visibility from rights-of-way and adjacent and nearby properties. Vegetation used for screening must be of sizes, types, numbers, and siting adequate to achieve 100 percent opacity within three years. All vegetation used for screening shall be maintained in a healthy condition. Vegetation used for screening that dies shall be replaced within six months. Native vegetation shall be emphasized for replanting in screening areas. Vegetation for screening may include preserved native vegetation that meets the aforementioned requirements. Vegetation planted within low impact development facilities may count towards site screening requirements. Fences and walls over six feet high, which may be required to screen the use from adjacent properties, shall require a building permit and shall maintain the setback required in subsection (D)(2)(c) of this section.

e. The applicant must prepare a traffic impact analysis with appropriate mitigation to mitigate all traffic impacts.

E. Stadiums.

1. Purpose. To appropriately site stadiums.

2. Standards.

a. Minimum lot size: 10 acres.

b. Maximum building coverage: 60 percent.

c. Minimum structural setback: 60 feet.

e. The applicant must prepare a traffic impact analysis with appropriate mitigation to mitigate all traffic impacts.

F. Heliports.

1. Purpose. To appropriately site heliports.

2. Standards for Stand-Alone Heliport Facilities.

a. Minimum lot size: one-half acre.

b. Maximum building coverage: 60 percent.

c. Minimum structural setback: 30 feet.

e. The operation shall not operate between the hours of 10:00 p.m. and 7:00 a.m.

f. The operation shall meet all federal, state and local regulations and standards.

g. The application shall include a report demonstrating that the noise generated by the heliport, as mitigated, shall not exceed the maximum permissible noise levels as set forth in Chapter 173-60 WAC.

3. Standards for Heliports as Accessory Uses to Hospitals.

a. Heliports included in proposals for new hospitals shall be reviewed by the hearing examiner under the conditional use permit application process (Chapter 17.71 MMC) required for the approval of hospitals.

b. Heliports proposed for existing hospital facilities shall be reviewed under applicable criteria in this subsection. (Ord. 1912 § 1, 2017; Ord. 1741 § 21, 2009; Ord. 1405 § 2, 1999. Formerly 17.42.070).

17.42.070 Special use notification of hearing.

Notification of the public hearing of the approval authority on the application for a Class I special use permit shall be mailed to all property owners as shown by the records of the applicable county assessor(s) within a 1,000-foot radius of the external boundaries of subject property.

Notification of the public hearing of the approval authority on the application for a Class II special use permit shall be mailed to all property owners as shown by the records of the applicable county assessor(s) within a 2,000-foot radius of the external boundaries of subject property.

All notices shall be mailed not less than 15 days prior to the hearing. (Ord. 1912 § 1, 2017; Ord. 1741 § 21, 2009; Ord. 1405 § 2, 1999. Formerly 17.42.050).

17.42.080 Status of special uses.

Any use for which a special use is authorized by the hearing examiner and city council and which complies with the requirements of this chapter and those of other applicable chapters shall be deemed to be a permitted use on the lot on which it is thus permitted. Once a special use has been authorized, however, the use shall not be enlarged, extended, increased in intensity, or relocated unless an application is made for a new or amended special use permit.

In order to ensure that the location and character of the following special uses will be compatible with the city of Milton comprehensive plan, a review and decision by the hearing examiner is required prior to the issuance of any special use permit. (Ord. 1912 § 1, 2017; Ord. 1741 § 21, 2009; Ord. 1405 § 2, 1999. Formerly 17.42.030)

17.42.090 Special use time limits and revocation.

A. Expiration of Approval. The authorization shall expire upon expiration of three years from the date of final approval of a special use permit which by then has not commenced operation, or upon abandonment for a period of one year of a special use that has been authorized.

B. Time Limit and Review. Any permit issued pursuant to this chapter shall be reviewed by the city council no less frequently than every two years from the date of the decision to approve the permit. At the time of such review, the city council may request a hearing for the hearing examiner to review, and, if necessary, impose additional conditions upon the operation if necessary to meet the standards of this chapter as amended.

The city of Milton’s land use administrator or her/his designee may request a hearing before the hearing examiner if it is determined after review that the special use no longer is being performed under the conditions set by the hearing examiner at the time of the initial approval. During the hearing, the hearing examiner may terminate the use or add conditions or standards that will achieve compliance with the original approval. (Ord. 1912 § 1, 2017; Ord. 1741 § 21, 2009; Ord. 1405 § 2, 1999. Formerly 17.42.080).