Chapter 20.66
CONDITIONAL USE PERMIT PROCEDURE
Sections:
20.66.020 Conditional use-Applicable criteria.
20.66.030 Conditional use permit procedure-Application.
20.66.040 Conditional use permit procedure-Processing of application.
20.66.050 Conditional use permit procedure-City council action.
20.66.010 General provisions.
(a) The city council shall have the authority to grant a conditional use permit for uses classified as conditional uses by this title when the council finds that the conditional use permit request satisfies the criteria set forth in Section 20.66.020.
(b) The city council shall also have the authority to grant a conditional use permit to change one nonconforming use to another, as authorized by Section 20.54.030(3), when the council finds, that in addition to the criteria set forth in Section 20.54.030(3), the conditional use permit request satisfies all the criteria set forth in Section 20.66.020 with the exception of subdivision (1) relating to conformance with the comprehensive plan.
(c) In granting a conditional use permit, the council shall not waive or reduce the minimum requirements of this ordinance or any other ordinance of the city, unless upon proper variance petition.
(d) Any conditional use permit that is issued, shall certify the location, nature, and extent of the use, together with all conditions that are imposed and any other information deemed necessary for the issuance of the permit. A copy of this permit shall be kept on file and if at any time after implementation of the permit it is found that the property no longer complies with conditions therein specified, then the owner shall be declared in violation of this title and shall be subject to its penalties.
(e) Conditional use permits shall expire twelve months after the issuance of such permit unless construction or establishment of the use has commenced. The council may extend the expiration date by twelve months if the applicant can clearly demonstrate that the permit will be activated in that time.
(f) An application for a conditional use permit at a particular location and site which has been denied in whole or part shall not be resubmitted for a period of two years from the date of such denial. Provided, a conditional use application may be resubmitted if it is “sufficiently different” from the original application.
A resubmitted application is “sufficiently different” when one of the following occurs:
(1) The application is for a different use on the same site or for the same use on a different site provided that the site is not in the immediate vicinity of the previous site unless one of the other criteria apply;
(2) The site area on a square foot basis has enlarged or decreased by at least fifty percent;
(3) If the use has remained the same; when the floor area on a square foot basis of all structures on the site has decreased by at least fifty percent;
(4) The application satisfactorily addresses concerns identified by the city council at the public hearing(s) preceding the denial of the permit in whole or in part. (Ord. 1176 § 22,1996; Ord. 1002 (Attachment A) (part), 1989)
20.66.020 Conditional use-applicable criteria.
Before approving a conditional use permit, the city council shall find that the applicable standards of the use district are met by the proposal and shall also find that the proposed conditional use at the location specified in the application will:
(1) Be harmonious and in accordance with the general policies and specific objectives of the city comprehensive plan; .
(2) Be designed to be compatible with the essential character of the neighborhood and not be hazardous or disturbing to persons, property or existing neighboring uses;
(3) Be adequately served by public facilities and utilities including drainage facilities;
(4) Not create excessive vehicular congestion on neighborhood collector or residential access streets;
(5) Not create conditions substantially detrimental to persons, property or neighboring uses by reason of the production of excessive amounts of traffic, noise, smoke, fumes, glare, electrical interference, mechanical vibration or odor;
(6) Not result in the destruction, loss, or damage to any natural, scenic, or historic feature of major consequence. (Ord. 1002 (Attachment A) (part), 1989)
20.66.030 Conditional use permit procedure application.
(a) The city council shall prescribe the form to be used for conditional use applications. The council may prepare or cause to be prepared application forms for such purpose and prescribe the type of information and plans to be provided. Thereafter all applications shall be made using the prescribed application form.
(b) An application fee as established in Chapter 20.108 is to be paid to the city clerk-treasurer at the time of application. The fee is nonrefundable.
(c) A completed SEPA checklist must accompany all conditional use applications.
(d) A complete application submittal consists of the following:
(1) Application form with required information and plans;
(2) SEPA checklist;
(3) Fee payment.
No application shall be accepted unless it is complete and complies with all submittal requirements. (Ord. 1176 § 62, 1996; Ord. 1002 (Attachment A) (part), 1989)
20.66.040 Conditional use permit procedure- Processing of application.
An application for a conditional use permit shall be processed as a Class III action pursuant to the provisions of Chapter 20.08 of this code. (Ord. 1176 § 23, 1996: Ord. 1002 (Attachment A) (part), 1989)
20.66.050 Conditional use permit procedure-city council action.
After receiving all testimony concerning the proposed conditional use, the city council shall render a decision based on the criteria set forth in Section 20.66.020 and such other criteria as may apply. As a condition of approval, the council may impose such conditions as it deems appropriate and necessary for the protection of the surrounding properties of the neighborhood or general welfare of the public. (Ord. 1002 (Attachment A) (part), 1989)
20.66.060 Appeals.
Any person aggrieved by an action of the city council in granting, denying, or rescinding a conditional use permit may seek review by a court of record of such decision in the manner proved by the laws of the state of Washington. (Ord. 1002 (Attachment A) (part), 1989)