Chapter 18.22
CONDITIONAL USE PERMITS

Sections:

18.22.010    Purpose – Conditional use permit required.

18.22.020    Application required – Fees.

18.22.030    Criteria.

18.22.035    Additional requirements for enhanced services facilities.

18.22.040    Expiration – Extension.

18.22.050    Revocation of permit.

18.22.010 Purpose – Conditional use permit required.

It is the purpose of this chapter to establish permit review and approval procedures for those uses that are only allowed as conditional uses in the city’s zoning districts. The conditional uses listed in the specific zoning districts require a conditional use permit in order to locate and operate in that district. (Ord. 939 § 5, 2016; Ord. 783 § 10, 2006).

18.22.020 Application required – Fees.

Application for a conditional use permit shall be made on forms prescribed by the city manager. All applications shall be accompanied by a nonrefundable filing fee as provided in the fee resolution adopted by the city council. Conditional use permits are Type III decisions to be made by the hearing examiner as provided in Chapter 18.150 NPMC. (Ord. 939 § 5, 2016).

18.22.030 Criteria.

A conditional use permit shall be granted by the hearing examiner only if all of the following criteria are met:

(1) The proposed use will not be materially detrimental to the public health, safety, or welfare or injurious to the property or improvements in the vicinity of the proposed use or in the district in which the subject property is located;

(2) The proposed use will meet or exceed the standards that are required in the district in which it is proposed to be located;

(3) The proposed use will be compatible with the surrounding land uses and developments in terms of traffic and pedestrian circulation, building and site design;

(4) The proposed use will be in keeping with the goals and policies of the Normandy Park comprehensive plan; and

(5) All reasonable measures have been taken to mitigate the possible adverse impacts of the proposed use on the property or improvements in the vicinity. (Ord. 939 § 5, 2016).

18.22.035 Additional requirements for enhanced services facilities.

Applications for conditional use permits for enhanced services facilities shall be processed in accordance with the standard procedures and requirements for conditional use permits, as outlined in this chapter, with the following additional requirements:

(1) Required Submittals. Applications for a conditional use permit for an enhanced services facility shall include all requirements outlined in NPMC 18.22.020 as well as the following:

(a) Written confirmation from the applicant that a preapplication public meeting has been held, as required under NPMC 18.33.030(1).

(b) Demonstration of inspection by the appropriate fire marshal and building inspector, as required under NPMC 18.33.030(2).

(c) The management plan, as required under NPMC 18.33.030(4).

(2) Enhanced Service Facility Specific Conditional Use Permit Review Criteria. In addition to the requirements outlined in NPMC 18.22.030, a conditional use permit for an enhanced service facility shall only be approved upon a finding that such facility is consistent with all of the following criteria:

(a) There is a demonstrated need for the use due to changing demographics, local demand for services which exceeds existing facility capacity, gaps in the continuum of service, or an increasing generation of need from within the city.

(b) The proposed location is or will be sufficiently served by public services which may be necessary or desirable for the support and operation of the use. These may include, but shall not be limited to, availability of utilities, access, transportation systems, education, police and fire facilities, and social and health services.

(c) The use shall be located, planned, and developed such that it is not inconsistent with the health, safety, or general welfare of persons residing in the facility or residing or working in the surrounding neighborhood. The following shall be considered in making a decision:

(i) The provision of adequate off-street parking, on-site circulation, and site access.

(ii) The adequacy of landscaping, screening, yard setbacks, open spaces, or other development characteristics necessary to mitigate the impact of the use upon neighboring properties, to include the following development criteria:

(A) All program activities must take place within the facility or in an appropriately designed private yard space.

(B) Adequate outdoor/recreation space must be provided for resident use.

(iii) Compatibility of the proposed structure and improvements with surrounding properties, including the size, height, location, setback, and arrangements of all proposed buildings, facilities, and signage, especially as they relate to less intensive residential land uses.

(iv) The generation of noise, noxious or offensive emissions, light, glare, traffic, or other nuisances which may be injurious or to the detriment of a significant portion of the city.

(d) The written management plan submitted by the applicant conforms to all the requirements outlined in NPMC 18.33.030(4). (Ord. 1016 § 5, 2021).

18.22.040 Expiration – Extension.

A conditional use permit shall automatically expire one year after a notice of decision is issued unless a building permit or other construction permit necessary for the use has been issued and substantial construction activity has commenced and is continuing or completed. The city manager may grant a single extension of the one-year period for up to one additional year if the permit holder can demonstrate that it is unable, due to circumstances beyond its control, to meet the one-year deadline. A request to extend the one-year period must be filed at least 30 days prior to expiration. A decision to extend the one-year deadline is a Type I decision and shall be processed as provided in Chapter 18.150 NPMC. (Ord. 939 § 5, 2016).

18.22.050 Revocation of permit.

A conditional use permit may be revoked by the hearing examiner on any one or more of the following grounds:

(1) That the approval was obtained by deception, fraud, or other intentional and misleading representations;

(2) That the use for which such approval was granted has been abandoned;

(3) That the use for which such approval was granted has at any time ceased for a period of one year or more;

(4) That the use is being exercised contrary to the terms or conditions or the approved conditional use permit or in violation of any applicable statute, code, law, or regulation; or

(5) That the use is being exercised in such a manner as to endanger the public health or safety.

Revocation of a conditional use permit may be initiated by the city manager. Any such revocation shall be processed as a Type III decision under the provisions of Chapter 18.150 NPMC. (Ord. 939 § 5, 2016).