Chapter 18.72


18.72.010    Purpose.

18.72.020    Applicability.

18.72.025    Minor conditional use.

18.72.030    Application submittal requirements.

18.72.040    Procedures.

18.72.060    Criteria to consider for conditional uses.

18.72.070    Action by the hearing examiner.

18.72.075    Validity.

18.72.080    Repealed.

18.72.090    Effect.

18.72.100    Revocation.

*Prior history: Ords. 1167 and 1193.

18.72.010 Purpose.

In certain districts, conditional uses may be permitted, subject to the granting of a conditional use permit. Because of their unusual characteristics, or the special characteristics of the area in which they are to be located, conditional uses require special consideration so that they may be properly located with respect to the objectives of this title and their effect on surrounding properties. The conditional use permit process is not intended to be used to allow uses in areas where uses are otherwise excluded; the intended purpose is to allow in certain districts expressly specified uses, which might otherwise be excluded if not for the possibility, created by the conditional use process, of close scrutiny and regulation by the hearing examiner. To ensure this limitation on the operation of the conditional use permit process, conditional uses specified elsewhere in this title are to be interpreted narrowly. (Ord. 1496 § 1, 2004; Ord. 1465 § 1, 2003; Ord. 1454 § 1, 2003; Ord. 1233 § 1 (Exh. A), 1997)

18.72.020 Applicability.

The provisions of this chapter shall apply to any use listed as conditional in any zoning district. (Ord. 1496 § 1, 2004; Ord. 1465 § 1, 2003; Ord. 1454 § 1, 2003; Ord. 1233 § 1 (Exh. A), 1997)

18.72.025 Minor conditional use.

A minor conditional use includes such items as day care centers, bed and breakfast establishments and similar uses as determined by the community development director or designee or expansion or alteration of existing conditional uses by less than 10 percent of the square feet beyond the existing building and structure.

A minor conditional use permit shall be processed the same as a major conditional use permit (Type III). (Ord. 1740 § 1 (Exh. A), 2013; Ord. 1613 § 1 (Exh. A), 2008; Ord. 1496 § 1, 2004; Ord. 1465 § 1, 2003)

18.72.030 Application submittal requirements.

The applicant shall submit all information required for a Type III submittal as set forth in WMC 18.94.050, as well as the following:

(1) A site plan, prepared pursuant to WMC 18.88.030(2)(f), which depicts the proposal in relation to surrounding uses;

(2) A written statement addressing the following:

(a) How the proposal meets all of the criteria in WMC 18.72.060,

(b) How the proposed use is consistent with the comprehensive plan,

(c) Any specific proposed mitigation measures that will assure compatibility with surrounding uses and the general neighborhood;

(3) A traffic study pursuant to Chapter 18.90 WMC;

(4) Other such information as may be required by the director;

(5) Fees as identified in WMC 3.90.010. (Ord. 1496 § 1, 2004; Ord. 1465 § 1, 2003; Ord. 1454 § 1, 2003; Ord. 1245 § 1, 1997; Ord. 1233 § 1 (Exh. A), 1997)

18.72.040 Procedures.

Conditional use permit request shall be processed as a Type III application, pursuant to WMC 18.94.060. (Ord. 1496 § 1, 2004; Ord. 1465 § 1, 2003; Ord. 1454 § 1, 2003; Ord. 1233 § 1 (Exh. A), 1997)

18.72.060 Criteria to consider for conditional uses.

In order to grant any conditional use, the hearing examiner must find that the establishment, maintenance or operation of the use applied for will not, under the circumstances of the particular case, be significantly detrimental to the health, safety or general welfare of persons residing or working in the neighborhood of such proposed use or be detrimental or injurious to the property and improvements in the neighborhood or to the general welfare of the city.

In reviewing and acting upon conditional uses, the hearing examiner shall consider whether any specific requirements for the conditional use have been made as specified elsewhere in this title, and in addition shall consider the following as appropriate:

(1) Access to the site is appropriate considering the anticipated volume of traffic resulting from the use;

(2) Off-street parking and loading facilities are adequate in terms of location, amount and design to serve the use;

(3) The number, size and type of signs proposed are compatible with the surrounding area;

(4) The amount and location of open space and the provision of screening is such that buffering of incompatible uses is achieved;

(5) The location and intensity of outdoor lighting is such that it does not cast light on adjacent, adjoining or neighboring properties;

(6) Hours and manner of operation of the proposed use will not conflict with the adjacent or nearby uses;

(7) Public facilities and utilities are capable of adequately serving the proposed use;

(8) The proposed use will not have a significant adverse effect on the health, safety and general welfare and character of adjacent land uses or the general area;

(9) The physical conditions of the site, including size, shape, topography and drainage, are suitable for the proposed development;

(10) The proposed use is consistent with the goals and objectives of the comprehensive plan;

(11) Whether all pertinent and applicable laws have been met as contained in the RCW, the WAC and this code, together with all applicable federal laws;

(12) Any other factors deemed relevant to the community development director or the hearing examiner. (Ord. 1613 § 1 (Exh. A), 2008; Ord. 1496 § 1, 2004; Ord. 1465 § 1, 2003; Ord. 1454 § 1, 2003; Ord. 1233 § 1 (Exh. A), 1997)

18.72.070 Action by the hearing examiner.

In permitting a conditional use the hearing examiner may impose, in addition to regulations and standards expressly specified in this title, other conditions found necessary to protect the best interests of the surrounding property or neighborhood, or the city as a whole, if supported by findings of fact. These conditions may include requirements increasing the required lot size or yard dimensions, increasing street widths, controlling the location and number of vehicular access points to the property, increasing the number of off-street parking or loading spaces required, limiting the number of signs, limiting the coverage or height of buildings because of obstructions to view and reduction of light and air to adjacent property, limiting or prohibiting openings in sides of buildings or structures or requiting screening and landscaping where necessary to reduce noise and glare and maintain the property in a character in keeping with the surrounding area, and requirements under which any future enlargement or alteration of the use shall be reviewed by the city and new conditions imposed.

Approval of a conditional use, with the accompanying site plan and any conditions of approval thereof, shall constitute site plan review and approval as required by Chapter 18.88 WMC. (Ord. 1496 § 1, 2004; Ord. 1465 § 1, 2003; Ord. 1454 § 1, 2003; Ord. 1233 § 1 (Exh. A), 1997)

18.72.075 Validity.

A conditional use permit shall become void one year after approval, or after such greater or lesser time as may be specified as a condition of approval, unless within that time the required building construction, alteration or enlargement has been commenced and diligently pursued, or if no such construction, alteration, or enlargement is required, unless the permitted activity is being regularly conducted on the premises. (Ord. 1496 § 1, 2004; Ord. 1465 § 1, 2003; Ord. 1454 § 1, 2003; Ord. 1233 § 1 (Exh. A), 1997)

18.72.080 Appeal.

Repealed by Ord. 1496. (Ord. 1465 § 1, 2003; Ord. 1454 § 1, 2003; Ord. 1233 § 1 (Exh. A), 1997)

18.72.090 Effect.

No building or other permit shall be issued in any case where a conditional use permit is required by the terms of this title until the appeal period of the hearing examiner’s decision has elapsed. An appeal from an action of the hearing examiner shall automatically stay the issuance of a building or other permit until such appeal has been completed. (Ord. 1496 § 1, 2004; Ord. 1465 § 1, 2003; Ord. 1454 § 1, 2003; Ord. 1233 § 1 (Exh. A), 1997)

18.72.100 Revocation.

The hearing examiner may revoke any conditional use permit for noncompliance with conditions set forth in the granting of a permit after first holding a public hearing and giving notice of such hearing as provided in Chapter 18.94 WMC. The foregoing shall not be the exclusive remedy, and it is unlawful and punishable hereunder for any person to violate any condition imposed by a conditional use permit. Violations shall be enforced as provided in Chapter 18.96 WMC, Enforcement. (Ord. 1496 § 1, 2004; Ord. 1465 § 1, 2003; Ord. 1454 § 1, 2003; Ord. 1233 § 1 (Exh. A), 1997)