Chapter 18.56
ESSENTIAL PUBLIC FACILITIES AND SPECIAL PROPERTY USES
Sections:
18.56.050 Application required.
18.56.070 Permit – Modification.
18.56.080 Permit – Binding site plan may be required.
18.56.090 Public facilities (PF) zone designation required for properties in public ownership.
18.56.010 Intent.
It is the intent of the special use permit section of the zoning code to allow the following uses in districts from which they are now prohibited by Chapter 18.20 SMC, or in certain districts as herein provided, where it can be determined that such uses are in the interest of the public health, safety and general welfare and where such uses meet all of the applicable standards set forth herein. (Ord. 97-019 § 4, Exh. B)
18.56.020 Purpose.
The purpose of this section is to allow certain specified uses which are deemed necessary to the public convenience and/or have been identified by the comprehensive plan as being essential public facilities, but are found to possess characteristics which make impractical their being identified exclusively with any particular zone classification as herein defined. Since certain special property uses have intrinsic characteristics relating to their function or operation which may necessitate buildings or structures associated with the special property uses to exceed the height, bulk, dimensional, or development standards of the zoning districts in which the special property uses may be located, the council may authorize that the height, bulk, dimensional, or development standards associated with the following special property uses be permitted to exceed those limitations set forth in the subject zoning district; provided, that such revised height, bulk, dimensional, or development standards are consistent with the criteria contained in Chapter 18.44 SMC. (Ord. 97-019 § 4, Exh. B)
18.56.030 Permitted uses.
The hearing examiner may permit the following uses in districts from which they are now prohibited by this title:
A. Airport and airfields.
B. Government buildings.
C. Educational institutions.
D. Hospitals and sanitariums (except animal clinics and hospitals).
E. Nursing homes and boarding homes for the aged.
F. Correctional institutions.
G. Towers and antennas over 100 feet in height, subject to the requirements of Chapter 18.61 SMC.
H. Essential public facilities and utilities.
I. Parks, playgrounds, recreation or community centers.
J. Group homes, alcoholism or drug treatment centers, detoxification centers, work release facilities for convicts or ex-convicts, or other housing serving as an alternative to incarceration with 12 or more residents.
K. Energy facilities.
L. Hazardous waste treatment and storage facilities.
M. Shelters for the transient or for the homeless.
N. Master planned resorts.
O. Solid waste facilities
P. Sewage treatment facilities.
Q. Bus stations and transit facilities. (Ord. 2022-010 § 1 (Exh. B); Ord. 2016-015 § 2 (Exh. A); Ord. 97-019 § 4, Exh. B)
18.56.040 Permit required.
Essential public facilities and special property uses will be allowed within certain use zones after obtaining an essential public facilities and special property use permit granted by the hearing examiner. (Ord. 2022-010 § 1 (Exh. B); Ord. 97-019 § 4, Exh. B)
18.56.050 Application required.
Forms for application for essential public facilities and special property use permits will be supplied by the department of community development. Such forms will require the following minimum information:
A. Signature of applicant.
B. Signature of landowners if other than applicant.
C. The location of adjacent utilities intended to serve the development and a layout of existing and proposed utilities and utility easements within the development.
D. A scaled vicinity map showing the relationship of the proposed development to existing streets and surrounding land uses, and indicating the location of any nearby bodies of water, wetlands, or other significant natural features. The vicinity map should indicate all structures located within 300 feet of the subject property.
E. A scaled site plan of the proposed use showing existing and proposed streets, structures, open spaces, uses of each structure, parking areas, fencing, pedestrian paths and trails, buffers, and landscaping. The site plan shall include the following:
1. The proposed name of the development, north arrow, scale, vertical elevations, datum, date, legal description, and names and addresses of the applicant, project architect, project engineer, surveyor, and project land planner.
2. The basic layout of the site, lot lines, street layout and roadway width.
3. The proposed phases of development, if any.
4. Finish contours at two-foot intervals.
5. Any areas proposed or required to be dedicated for public access and use.
F. A circulation plan indicating the proposed movement of vehicles, goods, and pedestrians within the development and to and from adjacent public arterial, collectors or roadways. Any special engineering features and traffic regulation devices needed to insure the safety of this circulation plan shall be shown.
G. Such additional information as deemed materially necessary by the department of community development to enable the hearing examiner to take action pursuant to the requirements of this section. (Ord. 2022-010 § 1 (Exh. B); Ord. 2011-017 § 1; Ord. 97-019 § 4, Exh. B)
18.56.060 Permit – Criteria.
An essential public facilities and/or special property use permit granted by the hearing examiner is subject to the following criteria:
A. There shall be a demonstrated need for the essential public facilities and/or special use within the community at large which shall not be contrary to the public interest.
B. The essential public facility and/or special use shall be consistent with the goals and policies of the comprehensive plan, and applicable ordinances of the city.
C. The hearing examiner must find that the essential public facility and/or special use will be located, planned, and developed in such a manner that the essential public facility and/or special use is not inconsistent with the health, safety, convenience, or general welfare of persons residing or working in the city. The hearing examiner’s findings must address, but not be limited to, the following:
1. The generation of noise, noxious or offensive emissions, or other nuisances which may be injurious or detrimental to a significant portion of the city.
2. The availability of public services 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 transit systems, and education, police and fire facilities, and social and health services.
3. The adequacy of landscaping, screening, yard setbacks, open spaces or other development characteristics necessary to mitigate the impact of the special use upon neighboring properties.
4. Proposed uses which exceed the bulk, dimensional, height, density and/or use standards of the zoning district within which they propose to locate, must demonstrate that the proposed variance is essential to the establishment of the public facility and/or special use; i.e., a variance in height may be granted for a water tower, but not to provide an architectural element. (Ord. 2022-010 § 1 (Exh. B); Ord. 97-019 § 4, Exh. B)
18.56.070 Permit – Modification.
Modifications to essential public facilities and special properties use permits shall be reviewed by the administrator consistent with the requirements of SMC Title 20. The administrator shall determine whether the proposed modification is minor or major. Major modifications will require reapplication and consideration consistent with the requirements of this section and SMC Title 20. (Ord. 97-019 § 4, Exh. B)
18.56.080 Permit – Binding site plan may be required.
The hearing examiner may find that an essential public facilities and/or special use permit may require a binding site plan. The binding site plan, if required, will be prepared consistent with the requirements of SMC Title 17. (Ord. 2022-010 § 1 (Exh. B); Ord. 97-019 § 4, Exh. B)
18.56.090 Public facilities (PF) zone designation required for properties in public ownership.
Those special uses and essential public facilities which are located on lands in public ownership shall be designated on the optimum land use map and the official zoning map as PF (public facilities). Redesignation of approved essential public facilities and/or special uses in public ownership shall be considered a Type I Rezone, Chapter 18.88 SMC and shall amend the comprehensive plan optimum land use map and the official zoning map concurrently. (Ord. 97-019 § 4, Exh. B)