Chapter 17.64


17.64.010    Permitted conditional uses.

17.64.020    Performance regulations.

17.64.030    Compliance.

17.64.040    Variances.

17.64.050    Applications for permit.

17.64.060    Granting effective when.

17.64.010 Permitted conditional uses.

Conditional use permits shall be granted or denied by the city after due consideration has been given to the performance standards set forth in this title and after the applicant has shown that the conditional use would not impinge on the health, safety, welfare, and rights of the residents of the city. (Ord. 1088 § 15 (part), 2003: Ord. 908 § 13 (part), 1997: Ord. 888 § 1, 1996: Ord. 699 § 3, 1991; Ord. 597 § 1, 1987; Ord. 559 § 1, 1986; Ord. 552 § 3, 1986; Ord. 519 § 1 (part), 1985: Ord. 458 § 1 (part), 1984; Ord. 442 § 1 (part), 1984; Ord. 387 (part), 1982)

17.64.020 Performance regulations.

The uses set out in the Permitted Use Matrix contained in Section 17.16.040 shall comply with the following standards and regulations in order to qualify for a conditional use permit:

A.    All conditional uses must be in accordance with the goals and objectives of the comprehensive plan and they must not violate the purpose of the district in which they will locate.

B.    It must be demonstrated that all conditional uses if located as proposed would not be injurious or detrimental to the character of the zone or to its abutting or adjoining neighbors.

C.    The conditional use must employ reasonable measures of fencing, buffering, traffic restraints, sign and light controls, and any other appropriate measures to protect the surrounding properties and adjoining districts.

D.    All conditional uses must have adequate site area to accommodate the use. The minimum site area for a conditional use is no less than that permitted in the underlying district.

E.    All conditional uses must conform to the dimensional regulations in the individual districts, except that additional restrictions may be imposed to ensure the uses are compatible within the district.

F.    All conditional uses having a site area in excess of one acre must provide a buffer of trees and shrubs around the perimeter of lots abutting a residential zone.

G.    All applications for conditional uses must be accompanied by layout and development plans drawn to an appropriate scale which show at least the following:

1.    Site plans showing landscaping, paving, parking, access, relationship of building to site, outdoor lighting, proposed fencing and topography;

2.    Sections and elevations of proposed structure;

3.    Vicinity map showing property, zoning and access;

4.    Provision for sewage disposal, storm drainage and surface runoff.

H.    All conditional uses must comply with the parking regulations in Chapter 17.56.

I.    In the course of reviewing the conditional use permit application, the city staff may request a recommendation by the planning commission on matters under its permit authority related to the conditional use permit. The matters may include but are not limited to the comprehensive plan or the nature and intent of the zone in which the conditional use permit is requested. (Ord. 1088 § 15 (part), 2003: Ord. 908 § 13 (part), 1997; Ord. 559 § 2, 1986; Ord. 552 § 4, 1986; Ord. 519 § 1 (part), 1985; Ord. 387 (part), 1982)

17.64.030 Compliance.

A.    A conditional use permit shall be declared void if there is a failure to comply with the approved plans or any special condition imposed on a conditional use permit.

B.    Modification of plans submitted and approved as part of the original application may be approved by the planning director or his/her designee provided the modification does not violate the original intent of the plan, the conditions of approval, or the public health, safety or general welfare. (Ord. 1088 § 15 (part), 2003: Ord. 387 (part), 1982)

17.64.040 Variances.

A.    A variance may be granted only if all of the following criteria are met:

1.    The variance shall not constitute a grant of special privilege inconsistent with the rules and regulations governing the uses of other properties in the vicinity or zoning district in which the property for which the variance is requested is located; and

2.    The variance must be necessary, because of special circumstances relating to the size, shape, topography, location, or surroundings of the subject property, to provide it with use rights and privileges permitted to other properties in the vicinity that are located in the same zoning district in which the subject property is located; and

3.    The granting of the variance will not be materially detrimental to the public welfare or injurious to the property or improvements in the vicinity or zone in which the subject property is situated;

4.    Hardships of a financial nature, hardships which are self-created, and hardships which are personal to the owner and not to the property, shall not be grounds for a variance;

5.    Variances shall not be granted if the granting of the variance would allow a use not permitted outright or by conditional use permit, or any use prohibited outright or by implications in the zoning district involved.

B.    Upon meeting the variance criteria listed in subsection A of this section, administrative variances may be granted from the following development standards. Persons aggrieved by the decision on the variance may appeal such decision in accordance with Chapter 17.13, Project Permit Review Procedures.

1.    A decrease of not more than thirty percent of the required width of front, side, or rear setback.

2.    A decrease of not more than twenty percent in the number of required parking spaces if the reduction would allow the preservation of trees or unique topographical features.

3.    A twenty percent increase in the amount of compact parking stalls allowed on a site.

4.    A decrease of not more than thirty percent of the minimum lot dimensions requirements. No administrative variance may be granted from the minimum lot size requirements.

C.    All applications for variances shall be accompanied by layout and development plans drawn to an appropriate scale as specified elsewhere in this title and other supportive documentation necessary to describe the proposal. Maps, plans, descriptions of property, estimates of cost, and other information may be requested as necessary to make a decision on the application.

D.    In making a decision on any variance application, the permit authority may approve the variance as presented, deny the variance, or approve the variance with such conditions, regulations, or safeguards as necessary to ensure that the variance meets the above criteria and that the purpose and intent of the regulations adopted in this title are not violated. The permit authority shall also have the power to reconsider any such decision at a public meeting.

E.    The city shall have the power and authority to revoke or declare void any variance which was procured by any material misrepresentation, or where there is a failure to comply with any condition of approval. Such power shall be exercised only after a notice of intent to revoke or declare void has been given to the owner of record as of the date of the notice and after holding a public hearing on the revocation or declaration. (Ord. 1088 § 15 (part), 2003: Ord. 910 § 1, 1997: Ord. 387 (part), 1982)

17.64.050 Applications for permit.

Applications for conditional use permits or variances shall be submitted and processed in accordance with Chapter 17.13, Project Permit Review Procedures. (Ord. 1088 § 15 (part), 2003: Ord. 387 (part), 1982)

17.64.060 Granting effective when.

A.    If a building permit and/or occupancy permit as permitted by the granting of a conditional use or variance is not obtained within two years from the effective date of the notice of decision, the conditional use or variance shall automatically be null and void.

B.    The recipient of a conditional use permit or variance shall file a land use permit binder with the city planner on a form provided by the planning department. The conditional use permit or variance shall not be effective until such binder has been filed with the Snohomish County auditor. The applicant shall pay applicable recording fees at the time of filing the binder with the city planner, who shall be responsible for filing the binder with the auditor promptly after the passage of applicable appeal periods if no appeals are filed. The binder shall serve both as an acknowledgment of, and agreement to abide by the terms and conditions of the conditional use or variance, and as a notice to prospective purchasers of the existence of the permit or variance.

C.    A permit or variance may be vacated by the current property owner upon approval of the city of Mukilteo. No permit or variance shall be vacated if the use authorized by such approval exists or is actively being pursued, or in which a violation of the terms and conditions exists. Vacation of a conditional use permit or variance shall be effective upon the filing of a notice of land use permit vacation with the Snohomish County auditor. (Ord. 1088 § 15 (part), 2003: Ord. 545 § 1, 1986; Ord. 519 § 1 (part), 1985; Ord. 387 (part), 1982)