Chapter 17.84
CONDITIONAL USES

Sections:

17.84.010    Purpose.

17.84.020    Scope.

17.84.030    Application submittal and contents.

17.84.040    Permit review process.

17.84.050    Approval criteria.

17.84.060    Additional approval criteria – Conditional uses in historic commercial structures.

17.84.065    Additional approval criteria – Marijuana production or marijuana processing as a conditional use in the general commercial zone.

17.84.070    Additional conditions.

17.84.080    Use of property before final decision.

17.84.090    Conditional use permits – Effective period.

17.84.100    Extension of time.

17.84.110    Modification of conditional use permit.

17.84.120    Conditional use permit to run with the land.

17.84.130    Assurance device.

17.84.140    Permit suspension or revocation.

17.84.010 Purpose.

The purpose of the conditional use permit process is to provide flexibility in the city’s land use regulations in order to accommodate uses which may be appropriate in an established zone under certain circumstances, but inappropriate in the same zone under others. At the time of application, a review of the location, design, configuration, and potential impact of the proposed use shall be conducted by comparing the use to the goals and policies established in the Port Townsend Comprehensive Plan and to adopted development standards. This review shall determine whether the proposed use should be permitted by weighing the public need or the benefit to be derived from the use, against the impact which it may cause. (Ord. 2571 § 2, 1997).

17.84.020 Scope.

This chapter shall apply to each application for a conditional use permit. Only those uses indicated by a “C” or an “H” opposite the use in the tables contained in the sections listed below will be considered for a conditional use permit: PTMC 17.16.020, 17.18.020, 17.20.020, 17.22.020, and 17.24.020. (Ord. 2571 § 2, 1997).

17.84.030 Application submittal and contents.

A. The application for a conditional use permit shall be submitted to DSD on forms provided by the department, along with the appropriate fees established by Chapter 20.09 PTMC. The application shall include all materials required pursuant to PTMC 20.01.100.

B. The director of the development services department may waive specific submittal requirements determined to be unnecessary for review of an application. (Ord. 2892 § 1, 2005; Ord. 2571 § 2, 1997).

17.84.040 Permit review process.

A. Except as specified in subsection B of this section, applications for conditional uses shall be processed according to the procedures for Type III land use decisions established in Chapter 20.01 PTMC, Land Development Administrative Procedures.

B. Applications for minor conditional uses (i.e., a conditional use which is to be established entirely within an existing building) shall be processed according to the procedures for Type II land use decisions established in Chapter 20.01 PTMC, Land Development Administrative Procedures. (Ord. 2571 § 2, 1997).

17.84.050 Approval criteria.

The city may approve or approve with modifications an application for a conditional use permit if the following criteria are satisfied:

A. The conditional use is harmonious and appropriate in design, character and appearance with the existing or intended character and quality of development in the immediate vicinity of the subject property and with the physical characteristics of the subject property; and

B. The conditional use will be served by adequate public facilities including streets, fire protection, water, sanitary sewer, and storm water control; and

C. The conditional use will not be materially detrimental to uses or property in the immediate vicinity of the subject parcel; and

D. The conditional use has merit and value for the community as a whole; and

E. The conditional use is consistent with the goals and policies of the Port Townsend Comprehensive Plan; and

F. The conditional use complies with all other applicable criteria and standards of the Port Townsend Municipal Code; and

G. That the public interest suffers no substantial detrimental effect. Consideration shall be given to the cumulative impact of similar actions in the area. (Ord. 2571 § 2, 1997).

17.84.060 Additional approval criteria – Conditional uses in historic commercial structures.

Those uses indicated by an “H” under the column for the C-III zoning district in PTMC 17.20.020 may be permitted as conditional uses provided that in addition to the standards and criteria governing conditional use permits set forth in PTMC 17.84.050, the following criteria shall also be met:

A. The proposed use is to be established within a building which is:

1. Individually listed on the National Register of Historic Places; or

2. Identified as either a pivotal, primary or secondary building on the map which accompanied the certification of the Port Townsend Historic District on May 17, 1976, the names of which buildings are listed in PTMC 17.80.120; or

3. Has been certified by the Secretary of the Interior to be contributing structure to the Port Townsend Historic District; provided, that if the building has been significantly altered since so listed, identified or certified, the city may require that the building be recertified by the Secretary of the Interior before granting a conditional use permit pursuant to this chapter; and

B. The use shall not require significant alteration of the architecturally or historically significant features of the structure; and

C. The proposed use will not occupy street level space which is better suited for retail sales or services; and

D. The design of the structure makes uses permitted in the C-III district impractical in the structure, or the permitted uses do not provide sufficient financial return to make use of the structure feasible. (Ord. 2571 § 2, 1997).

17.84.065 Additional approval criteria – Marijuana production or marijuana processing as a conditional use in the general commercial zone.

Establishment of a marijuana production or processing facility as defined in Chapter 17.08 PTMC may be allowed as a conditional use within the general commercial (C-II) zone without a requirement to provide a retail component; provided, that in addition to the standards and criteria governing conditional use permits set forth in PTMC 17.84.050, the following additional criteria shall also be met:

A. Noise. All operations shall follow best management practices so as to minimize unnecessary conflicts with and impacts to adjacent noncommercial land or water uses to the extent practicable given the intended use and zoning. Prior to issuance of a conditional use permit, a marijuana production or processing facility seeking to locate in the C-II zone may be required by the DSD director to retain the services of a qualified acoustical engineer to demonstrate noise levels emanating from operation will comply with all applicable noise levels as adopted by the city in Chapter 9.09 PTMC.

B. Light and Glare. All exterior lighting shall not be used in such a manner that produces glare on public streets or roads and neighboring property, except where required to do so by law as a result of the marijuana production or processing. All interior lighting used in production shall be performed so as not to be seen from any point beyond the outside of the property.

C. Fire and Safety Hazards. The storage and handling of inflammable liquids, liquefied petroleum gases and explosives shall comply with rules and regulations falling under the jurisdiction of the city fire chief, the laws of the state and other local ordinances. Below-ground storage of any inflammable liquids shall be permitted, and the tank shall be located not closer to the property line than the greatest dimension (diameter, length, or height) of the tank.

D. Interferences. Provisions must be made for necessary shielding or other preventive measures against interferences occasioned by mechanical or electrical equipment, uses or processes with electrical apparatus in nearby buildings or land uses.

E. Waste Products. Liquid and solid wastes and storage of animal or vegetable waste which attract insects or rodents or otherwise create a health hazard shall be prohibited. No waste products from a conditionally permitted use shall be exposed to view from eye level from any property line in the general commercial district. (Ord. 3112 § 1 (Exh. F), 2014).

17.84.070 Additional conditions.

The city may impose additional conditions on a particular use if it is deemed necessary for the protection of the surrounding properties, the neighborhood, or the general welfare of the public. The conditions may:

A. Increase requirements in the standards, criteria or policies established by this title.

B. Stipulate an exact location as a means of minimizing hazards to life, limb, property damage, erosion, landslides or traffic.

C. Require structural features or equipment essential to serve the same purposes as set forth in subsection B of this section.

D. Impose conditions similar to those set forth in subsections B and C of this section, as deemed necessary to establish parity with uses permitted in the same zone with respect to avoiding nuisance generating features in matters of noise, odors, air pollution, wastes, vibration, traffic, physical hazards and similar matters. (Ord. 2571 § 2, 1997).

17.84.080 Use of property before final decision.

No business license or building permit shall be issued for any use involved in an application for approval for a conditional use permit until the permit application becomes effective pursuant to Chapter 20.01 PTMC. (Ord. 2571 § 2, 1997).

17.84.090 Conditional use permits – Effective period.

A. A decision granting a conditional use permit shall become effective upon the date of such decision.

B. A conditional use permit automatically expires and is void if the applicant fails to file for a building permit or other necessary development permit within three years of the effective date of the conditional use permit unless:

1. The applicant has received an extension of time for the conditional use permit subject to PTMC 17.84.100; or

2. The conditional use permit approval provides for a greater time period. (Ord. 2571 § 2, 1997).

17.84.100 Extension of time.

A. The director of the development services department may extend a conditional use permit, not to exceed one year, if:

1. Unforeseen circumstances or conditions necessitate the extension of the permit; and

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

3. An extension of the permit will not cause substantial detriment to existing uses in the immediate vicinity of the subject property.

B. The director of the development services department may grant no more than two extensions. A second extension may be granted only if:

1. The criteria listed in subsection A of this section are met; and

2. The applicant has demonstrated reasonable diligence in attempting to meet the time limit imposed; and

3. Conditions in the immediate vicinity of the subject property have not changed substantially since the conditional use permit was first approved. (Ord. 2892 § 1, 2005; Ord. 2571 § 2, 1997).

17.84.110 Modification of conditional use permit.

The city may initiate a modification to an approved conditional use permit. A modification will be processed as a Type II land use decision pursuant to Chapter 20.01 PTMC, Land Development Administrative Procedures. Through the modification procedure, the city may delete, modify or impose additional conditions upon finding that the use for which the approval was granted has been intensified, changed or modified by the property owner or by person(s) who control the property without approval so as to significantly impact surrounding land uses. (Ord. 2571 § 2, 1997).

17.84.120 Conditional use permit to run with the land.

A conditional use permit granted pursuant to the provisions of this chapter shall continue to be valid upon a change of ownership of the site, business, service, use or structure which was the subject of the permit application. No other use is allowed without approval of an additional conditional use permit. (Ord. 2571 § 2, 1997).

17.84.130 Assurance device.

In appropriate circumstances, the city may require a reasonable performance of maintenance assurance device, in a form acceptable to the city attorney, to assure compliance with the provisions of this title and the conditional use permit as approved. (Ord. 2571 § 2, 1997).

17.84.140 Permit suspension or revocation.

The city may suspend or revoke an approved conditional use permit pursuant to Chapter 1.20 PTMC only upon finding that:

A. The use for which the approval was granted has been abandoned for a period of at least one year; or

B. Approval of the permit was obtained by misrepresentation of material fact; or

C. The permit is being exercised contrary to the terms of approval. (Ord. 2952 § 1, 2008; Ord. 2571 § 2, 1997).