Chapter 17.100
CONDITIONAL USES
Sections:
17.100.010 Authorization to grant or deny conditional uses.
17.100.020 Standards governing conditional uses.
17.100.060 Required elements of finding of facts and conclusions.
17.100.005 Intent.
Conditional use permits (CUPs) are intended to provide a detailed review of proposed uses and/or developments that have the potential to result in greater or less predictable impacts in a particular district than those uses that are allowed outright. Conditions may be required to mitigate any impacts identified in the review process. Since a public hearing and completion of State Environmental Policy Act (SEPA) review are both required for CUPs, a greater opportunity is provided for public involvement. (Ord. 778 § 2 (Exh. A), 2017).
17.100.010 Authorization to grant or deny conditional uses.
A. Uses designated in this title as conditional uses shall be permitted, enlarged, or altered only upon approval of the planning commission in accordance with the standards and procedures specified in this chapter. Conditional uses are those which may be appropriate, desirable, convenient, or necessary in the district in which they are allowed, or which by reason of their height or bulk or the creation of traffic hazards or parking problems or other adverse conditions may be injurious to the public health, safety, welfare, comfort, and convenience unless appropriate conditions are imposed.
B. In permitting a conditional use the planning commission may impose, in addition to the regulations and standards expressly specified by this title, other conditions found necessary to protect the best interests of the surrounding property, the neighborhood, or the city as a whole. The planning commission shall base its determination to impose conditions upon provisions of the comprehensive plan which are applicable to the geographic area or proposed use in question and upon pertinent purposes of the zoning ordinance.
1. The following conditions shall apply to all CUPs:
a. Mitigation measures proposed and accepted by the SEPA administrator shall automatically become conditions of the CUP.
b. If construction pursuant to a CUP is not initiated within one year of issuance of the permit it shall be invalid and the applicant must reapply. If an applicant is able to show delays have occurred beyond the applicant’s control, an extension for up to one year may be allowed by the board of adjustment, provided the applicant files for the extension within one year of the issuance of the CUP.
c. If a use is not initiated within one year of issuance of a CUP according to the applicable conditions or within one year of completion of construction, whichever is applicable, the permit shall be invalid and an application must be resubmitted. Initiation of a use shall mean that the proposed use has commenced consistent with the entire scope of the application and all applied conditions. If an applicant is able to show delays have occurred beyond the applicant’s control, an extension for up to one year may be allowed by the board of adjustment provided the applicant files for the extension within one year of the issuance of the CUP.
d. Unless otherwise approved (i.e., if project phasing is allowed), all construction activities shall be completed and approved by the administrator prior to initiation of the conditional use. If phasing of a project is approved, a development agreement specifically identifying the components and timing of each phase shall be executed between the city and the applicant. If a construction activity is required by an applied condition, the use shall not be allowed to be initiated until the required work is completed and approved by the administrator.
2. The planning commission may impose any additional conditions upon granting the conditional use permit subject to the following limitations:
a. That the conditions imposed are reasonably calculated to achieve the intent identified in Chapter 17.05 TMC, as now exists or may hereafter be amended;
b. That such conditions are not unnecessarily burdensome;
c. That a conditional use permit is required and appropriate to the circumstances;
d. That the proposed conditions imposed will be in harmony with the purposes of the comprehensive plan as it relates to the circumstances;
e. That the proposed conditions will protect the public health, safety, morals and general welfare; and
f. That the use with conditions imposed will be in compliance with the purposes and requirements set out in this title for the zoning district where the use is located.
3. The following are examples of the types of conditions which the planning commission may impose:
a. Require a performance bond or acceptable surety in an amount and with conditions satisfactory to the city council, providing for and securing to the city the performance of conditions imposed on the construction of improvements;
b. Specify a time limit within which action for which the conditional use permit is required shall be begun or completed, or both;
c. Require an annual review of the issued permit to assure compliance with any implied conditions;
d. Increase the required lot size or yard dimension;
e. Impose conditions on all matters relating to automobile and pedestrian traffic control and design;
f. Require suitable landscaping including screening;
g. Stipulate the exact location of activities or structures as means of minimizing hazards to life, limb, property, erosion, landslide, traffic, etc.;
h. Require structural features or equipment essential to serve the same purpose set forth in subsection (B)(1) of this section;
i. Control nuisance-generating features in matters of noise, color, air pollution, wastes, vibration, traffic, physical hazards, etc.;
j. Control hours of operation; and
k. Insure against imposing excessive demands upon public services and facilities.
l. Increasing the required lot size or yard dimensions;
m. Limiting the coverage or height of buildings because of obstruction to view and reduction of light and air to adjacent property;
n. Increasing the street width, such as but not limited to require dedication of additional right-of-way and/or street and sidewalk improvements;
o. Requiring off-street parking spaces;
p. Limiting the number, location, and size of signs;
q. Requiring suitable landscaping where necessary to reduce noise and glare and to maintain the property in a character in keeping with the surrounding area;
r. Specifying a specific time limit for construction, alteration, or enlargement to begin for a structure to house a conditional use.
C. In permitting a conditional use, the planning commission may impose, in addition to the regulations and standards expressly specified in this title, other conditions found necessary to protect the best interest of the surrounding property, the neighborhood or the city as a whole.
D. The planning commission shall identify and state the purpose or purposes sought to be achieved by imposing conditions in connection with the permit and shall include this information in their respective findings of facts and conclusions.
E. A change in use, expansion or contraction of site area, or alteration of structures or uses which are classified as conditional, whether or not they existed prior to the effective date of the ordinance codified in this title, shall conform to all regulations pertaining to conditional uses. (Ord. 778 § 2 (Exh. A), 2017).
17.100.020 Standards governing conditional uses.
A. A conditional use shall ordinarily comply with the standards of the district where the proposed conditional use shall be located and with the standards of the other chapters of this title except as specifically modified in granting the conditional use and as follows:
1. Yard Requirements. In an R-1 or R-2 district the yard requirements of the district shall be increased by one foot for each foot by which the building height exceeds 25 feet.
2. Public Utility Use and Governmental Structure or Use of Land – Minimum Conditions.
a. All equipment and materials storage shall be within an enclosed building.
b. For a public utility the use shall be fenced and provided with landscaping.
c. The minimum lot size may be waived on finding that the waiver will not result in noise or other detrimental effect to adjacent property.
B. All conditional uses approved by the city shall be subject to an annual review by the enforcing officer to ensure compliance with all conditions imposed at the time of permit approval. Conditional uses found to be in violation of such conditions are subject to revocation and to enforcement action under Chapter 17.115 TMC.
C. Any conditional uses discontinued for a period of six consecutive months shall be deemed null and void. Any further use of the property for the same use shall require the approval of a new conditional use or other permit as required by this code. (Ord. 786 § 2 (Exh. B), 2017; Ord. 778 § 2 (Exh. A), 2017).
17.100.050 Procedure.
A. Conditional uses are processed as a Type III action in compliance with Chapter 19.05 TMC.
B. Repealed by Ord. 786.
C. Basis for Conditions. When approving a CUP application with a condition, decision body shall state the supporting intent, purpose and the basis of the condition.
D. Basis for Denial. The decision body may deny an application for conditional uses for the following reasons; provided, that the imposition of conditions cannot satisfactorily address the issue:
1. The use is not consistent with the comprehensive plan goals and objectives for the particular location but denial cannot be made solely for this reason if the use is explicitly allowed in the district by CUP;
2. Circumstances in the particular location of the proposed use will pose a potential threat to public health, safety and/or welfare which cannot be addressed by conditions; and
3. Controversy exists as to the meaning of a particular provision of this title and such provision is construed liberally in the favor of the general public interest in accordance with TMC 17.115.020, as that section now exists or may hereafter be amended regarding the interpretation of this title.
4. The decision body shall issue a finding of facts and conclusions that clearly reveal their basis for the denial of a CUP. (Ord. 786 § 2 (Exh. B), 2017; Ord. 778 § 2 (Exh. A), 2017).
17.100.060 Required elements of finding of facts and conclusions.
All CUP application decisions of the decision body shall at a minimum, but not limited to, determine the relevant facts and make a conclusion regarding the following elements of the proposal:
A. Identify the specific use(s) that require the issuance of a conditional use permit; and
B. Identify all existing and proposed activities and uses of the subject property; and
C. Identify the likely positive and negative impacts the proposed project will have on adjacent and nearby properties; and
D. Identify the most relevant proposed design and/or operational measures to reduce or control the possible negative effects the proposed project may have; and
E. Identify how, if at all, it is consistent with the purpose and intent of the subject zoning district; and
F. Identify how, if at all, the proposed project advances and is consistent with the goals, policies and programs of the city’s comprehensive plan. (Ord. 786 § 2 (Exh. B), 2017; Ord. 778 § 2 (Exh. A), 2017).