Division VIII. Discretionary Permits

Chapter 20.216


20.216.010    Description and purpose.

20.216.020    Conditional use procedure.

20.216.030    Expiration approval.

20.216.040    General review criteria, decision process.

20.216.050    Conditions of approval.

20.216.060    Revocation.

20.216.070    Performance bond.

20.216.080    Application for rehearing.

20.216.090    Appeal.

20.216.010 Description and purpose.

It is recognized that certain uses, while generally appropriate to an area or zone, require special consideration prior to their being permitted at any particular location. Development of any use listed as a Conditional Use, or the expansion or alteration of an existing Conditional Use, is subject to issuance of a Conditional Use Permit. Conditional uses are identified as Level III uses in the Table of Permitted Land Uses, see Chapter 20.100. The purpose of this review shall be to insure that, if approved, the use will be reasonably compatible with surrounding uses permitted in the area. To this end, the Hearing Examiner may stipulate conditions of development as specified in this Chapter.

There may be situations in which the conditions necessary to proper placement of a Conditional Use cannot be developed at a particular site. For this reason, nothing contained herein shall be construed to require the Hearing Examiner to authorize a Conditional Use Permit. (Ord. 2001-17 § 15, 2001: Ord. 2000-6 § 2(part), 2000: Ord. 97-14 § 77, 1997).

20.216.020 Conditional use procedure.

A. A Conditional Use procedure shall be initiated by a property owner or his representative on forms provided by and filed with the Department, and accompanied by the appropriate administrative fee.

B. All Conditional Use applications shall be heard by the Hearing Examiner according to Level III procedures. (Ord. 2000-6 § 2(part), 2000: Ord. 97-14 § 78, 1997).

20.216.030 Expiration approval.

A Conditional Use Permit shall be void after one (1) year unless terms of the permit have begun or have been substantially completed within that time required by the Hearing Examiner. The Director may extend authorization for an additional period of six (6) months for reasons such as health, financial, or administrative problems incurred by the applicant during the permit period. The Director must make a finding that the delay is justified by circumstances beyond the applicant’s control, and that the six (6) month extension can reasonably be expected to remedy the circumstances. (Ord. 2000-6 § 2(part), 2000: Ord. 97-14 § 79, 1997).

20.216.040 General review criteria, decision process.

A. The Hearing Examiner shall make findings of fact and state reasons for granting the Conditional Use Permit. The findings of fact to include:

1. That the use will not endanger the public health or safety if located and developed where proposed, and that the use will not allow conditions which will tend to generate nuisance conditions to adjoining properties;

2. That the location and character of the use, if developed according to the plan as submitted and approved or conditionally approved, will be compatible and in harmony with the area in which it is to be located;

3. That Conditional Use Permit approval would be in general conformity with the Walla Walla Urban Area Comprehensive Plan as amended;

4. That the use meets all required conditions and specifications set forth in the zone where it proposes to locate.

B. To ensure the establishment of the above conditions, the Hearing Examiner shall have the authority to require and approve specific plans, to increase the requirements set forth above, and the requirements specified elsewhere in this code. But in no case shall the Hearing Examiner have the authority to decrease the requirements of this code through the Conditional Use Permit process. Any such decrease in the requirements of this code shall only be granted upon the approval of a Variance request.

C. If the potential adverse impact of permit approval cannot be mitigated through imposition of conditions to a degree which assures that adjacent properties will not be unreasonably impacted, this shall constitute grounds for denial of the Conditional Use Permit. (Ord. 2000-6 § 2(part), 2000: Ord. 97-14 §§ 80, 81, 1997).

20.216.050 Conditions of approval.

To ensure that a Conditional Use proposal meets the general criteria, the Hearing Examiner may impose any of the following conditions as part of a Conditional Use Permit. Each condition imposed shall be accompanied by a finding which supports such a condition.

A. The manner in which the use is conducted may be limited, including restricting hours of operation and imposing restraints to minimize such environmental effects as noise, vibration, air pollution, glare, or odor.

B. A special yard, other open space or lot area or dimension in excess of any specified minimum may be established.

C. The height, size, or location of a building or other structure may be limited.

D. The size, number, location, and nature of vehicle access points may be designated.

E. Required street dedication, roadway width, or improvements within the street right-of-way on adjacent streets may be increased.

F. The size, location, screening, drainage, surfacing, or other improvement of a parking or loading area may be designated.

G. An overall drainage plan of the property and construction of drainage ways, sumps, and other drainage structures may be required.

H. The number, size, location, height, and lighting of signs may be specified.

I. The location and intensity of outdoor lighting may be limited, and shielding may be required.

J. Diking, screening, landscaping, or other methods to protect adjacent or nearby property from noise, light, traffic, or litter may be required. The hearing examiner may set standards for installation and maintenance.

K. The size, height, location, and materials for a fence may be specified.

L. Protection and preservation of existing trees, vegetation, or water resources shall be encouraged. (Ord. 2000-6 § 2(part), 2000: Ord. 97-14 §§ 82, 83, 1997).

20.216.060 Revocation.

A. The hearing examiner may revoke or modify a conditional use permit under certain circumstances. Such revocation or modification shall be made on any one or more of the following grounds:

1. That the approval was obtained by fraud;

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 one year or more;

4. That the permit granted is being exercised contrary to the terms of the conditions of such approval, or in violation of any statute, resolution, code, law, or regulation.

B. Before a conditional use permit may be revoked or modified, a public hearing shall be held. Procedures concerning public notice shall be the same as those required by this code for the initial consideration of the conditional use permit application. (Ord. 2000-6 § 2(part), 2000: Ord. 97-14 § 84, 1997).

20.216.070 Performance bond.

A performance bond or suitable guarantee may be required by the hearing examiner for any elements of the proposed project which the hearing examiner determines are crucial to the protection of the public welfare and are necessary to insure completion of required improvements. (Ord. 2000-6 § 2(part), 2000: Ord. 97-14 § 85, 1997).

20.216.080 Application for rehearing.

No application for a conditional use shall be considered by the hearing examiner within one year of a denial of the same or similar request unless, in the opinion of the hearing examiner, new evidence or circumstances warrant reconsideration within that time. (Ord. 2000-6 § 2(part), 2000: Ord. 97-14 § 86, 1997).

20.216.090 Appeal.

Decisions by the hearing examiner for conditional uses may be appealed in accordance with Chapter 20.38, Closed Record Decisions and Appeals.