This chapter describes the land use applications for development subject to review under this title. The intent is to describe the framework of the various types of development applications, the criteria and timeframe for approvals. The procedures for the land use applications are described in CMC 18.20.

(Ord. No. 900, § 7, 8-3-2016)

1. Purpose and Intent. Certain uses, because of their unique characteristics, cannot be properly classified in any one zone. Such uses should be considered individually and the impact on surrounding properties taken into account. Therefore, the intent of this section is to allow for the review of such uses as conditional uses with requirements prescribed to protect the health, welfare, and safety of the public.
2. Review Process. A conditional use permit shall be subject to a Type I or Type II review, in accordance with CMC 18.20.030, as follows:
   1. The Type I procedure shall be used to process a temporary conditional use permit request.
   2. The Type II procedure shall be used to process all other conditional use permit requests.
3. Action of Review Authority.
   1. The administrator may approve a temporary conditional use permit, in whole or in part, with or without conditions, if all of the following findings of fact can be made in an affirmative manner:
      1. The operation of the requested use at the location proposed and within the time period specified will not jeopardize, endanger, or otherwise constitute a menace to the public health, safety, or general welfare.
      2. The proposed site is adequate in size and shape to accommodate the temporary use without detriment to the use and enjoyment of other properties in the project vicinity.
      3. The project makes adequate provision for access and circulation, water supply, storm drainage, sanitary sewage disposal, emergency services, and environmental protection.
      4. Adequate temporary parking to accommodate vehicular traffic to be generated by the use will be available either on-site or at alternate locations acceptable to the review authority.
   2. The hearing examiner may approve a conditional use permit, in whole or in part, with or without conditions, if all of the following findings of fact can be made in an affirmative manner:
      1. The project is consistent with the city comprehensive plan and meets the requirements and intent of the Chewelah Zoning and Land Division Ordinances, including the type of land use; the density/intensity of development; and the protection of critical areas, if applicable.
      2. The project will not be unduly detrimental to properties within three hundred feet of its boundaries.
      3. The project makes adequate provision for access and circulation, water supply, storm drainage, sanitary sewage disposal, emergency services, and environmental protection.
      4. The project adequately mitigates impacts identified through the SEPA review process, if applicable.
      5. The project is beneficial to the public health, safety, and welfare, and is in the public interest.
4. Time Limit on Approval of Conditional Use Permit.
   1. Authorization of a temporary conditional use permit shall be valid for the time specified in the approval, but not to exceed six months.
   2. Authorization of a conditional use permit shall be void one year after the effective date, unless a building permit has been issued and substantial construction has taken place or the use has commenced. However, a written request for up to a one-year extension submitted prior to the expiration date may be approved by the administrator for the conditional use permit if the administrator finds that the facts on which the conditional use permit is approved have not changed substantially. If during this period the use substantially changes the conditional use permit shall become void and a new application will be considered on its own merit.
   3. If the use authorized under a conditional use permit ceases or is interrupted for six consecutive months or more, then a new conditional use permit will be required.

(Ord. No. 900, § 7, 8-3-2016)

1. Purpose and Intent. The purpose of a variance is to provide relief in cases where the strict application of the development standards in this title would result in undue hardship by virtue of physical peculiarity of a parcel of land or in the case of property in the flood management overlay zone would result in the denial of economic use of the property. The purpose is to ensure that because of physical characteristics of a property, the property is not deprived of privileges commonly enjoyed by other properties in the same zone. A variance shall not allow a use in a zone where otherwise prohibited.
2. Review Process. A variance shall be subject to a Type I or Type II review, in accordance with CMC 18.20.030, as follows:
   1. The Type I procedure shall be used to process a minor variance request involving a ten percent reduction or ten percent increase from a quantitative provision of the Zoning or Land Division Ordinance.
   2. The Type II procedure shall be used to process a variance in the flood management overlay zone and any variance not covered by a minor variance.
3. Action of the Review Authority.
   1. A variance request may be approved in whole or in part, with or without conditions, if all of the applicable findings of fact can be made in an affirmative manner. Criteria for variances to development standards and criteria for variances in the FM overlay zone are contained in Parts C,2 and C,3 below.
   2. A variance request for modification to development standards may be approved in whole or in part, with or without conditions, if all of the following findings of fact can be made in an affirmative manner:
      1. The strict application of this title to a property would result in extreme difficulty, unnecessary hardship, or the inability of an owner to use land for the purposes allowed in the zone in which it is located for reasons of physical peculiarity.
      2. The granting of such variance would not be detrimental or injurious to the property or improvements within three hundred feet of the improvements or property boundaries.
      3. The granting of the variance would not grant special privileges to a landowner that are in conflict with the purposes of this title.
   3. A variance request for development within the FM overlay zone may be approved in whole or in part, with our without conditions, if all of the following findings of fact can be made in an affirmative manner:
      1. Denial of the variance would result in exceptional hardship and would deny all economic use of the property;
      2. The variance would result in the minimum relief necessary, considering the flood hazard;
      3. If the site is located in a designated floodway, no increase in flood levels during the base flood discharge would result;
      4. Granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, or conflict with existing local laws or ordinances;
      5. In the case of the reconstruction of a structure listed on the National Register of Historic Places or the State Inventory of Historic Places, the structure is being rebuilt as it previously existed.
4. Time Limit on Approval of Variance. Authorization of a variance shall be void one year after the effective date of the variance, unless a building permit has been issued and substantial construction has taken place. However, a written request for up to a four-year extension submitted prior to the expiration date may be approved by the city planner for the variance if the city planner finds that the facts on which the variance is approved have not changed substantially.

(Ord. No. 900, § 7, 8-3-2016)

1. Purpose and Intent. The purpose of a site plan review is to ensure that development on sites containing unique or critical resources protects these resources to the extent possible, and that the public health, safety and welfare of residents of the city are maintained.
2. Review Process.
   1. A site plan review shall be required in the following situations and as required in other sections of the Chewelah Municipal Code:
      1. Development in the critical resource areas overlay (CRA) zone;
      2. Development in the flood management overlay (FM) zone;
      3. Development in the shoreline enhancement overlay (SE) zone.
   2. Site plan review shall be subject to a Type II review, in accordance with CMC 18.20.030.
   3. Any person, firm, or corporation may make application for site plan review. The completed application shall be submitted to the building official with applicable fees in accordance with the fee resolution adopted by the city council.
   4. A site plan review application shall include the following:
      1. Plans (drawn to scale) showing the nature, location, dimensions of the critical resource area or floodplain area, if any, on or adjacent to the site;
      2. Existing topography and natural features;
      3. Existing and proposed structures and the proposed uses;
      4. Proposed grading, drainage facilities, and location of storage, if applicable;
      5. All required technical reports prepared by experts with demonstrated qualifications in the area(s) of concern;
      6. Any additional information deemed necessary by the administrator or city planner.
   5. In the case of proposed development within the FM overlay zone, the following shall also be provided:
      1. Estimated flood elevation for a one-hundred-year flood or the flood event having a one percent chance of occurring in any given year, as determined by flood insurance agency or a qualified professional engineer.
      2. Elevation in relation to mean sea level, of the lowest floor, including the basement, of all structures.
      3. Elevation in relation to mean sea level of which any structure has been floodproofed. Where available flood data relates to depth of flood waters rather than height above mean sea level, then the depth of the one-hundred-year flood should be substituted for elevation data.
      4. Certification by a registered professional engineer or architect that the floodproofing methods for any nonresidential structure meet the floodproofing criteria in CMC 18.08.150 Parts F and G.
      5. Description of the extent to which any watercourse will be altered or relocated as a result of proposed development.
3. Action by Review Authority. The hearing examiner at a public hearing may approve a site plan review in whole or in part, with or without conditions, if all of the following findings of fact can be made in an affirmative manner:
   1. The project is consistent with the Chewelah comprehensive plan and meets the requirements and intent of the Chewelah Zoning and Land Division Ordinances, including land use and intensity of development.
   2. The physical location, size, and placement of proposed structures on the site and the location of proposed uses within the project minimize impacts to any critical resource or floodplain area to the greatest extent possible.
   3. The project is compatible with and relates harmoniously to the surrounding area.
   4. The project will not be detrimental to the public interest, health, safety, or general welfare.
   5. The project adequately mitigates any identified impacts.
   6. Adequate setbacks and buffering have been provided. Any reduction to setbacks or buffer widths is the minimum necessary to allow for reasonable economic use of the lot and does not impact the functional value of the critical resource area.
4. Time Limit on Approval of Site Plan Review. Authorization of a site plan review shall be void one year after the effective date, unless a building permit has been issued and substantial construction has taken place. However, the administrator may extend the site plan review four years longer if the administrator finds that the facts on which the site plan review was approved have not substantially changed.

(Ord. No. 900, § 7, 8-3-2016)

1. Purpose and Intent. The text of this title and/or applicable maps may be amended to better implement the city comprehensive plan or protect the health, safety, and welfare of city residents.
2. Initiation of Amendment by Petition.
   1. An amendment or supplement to this title may be initiated by any owner of affected property (in the case of a zone change), or any citizen of Chewelah in the case of other amendments. Any proposed amendment shall be presented on forms and in the format prescribed by the city planner.
   2. Attached to any proposed amendment or supplement shall be an explanation and justification for the proposed change. Additionally, a request for a zone boundary change or zone change shall be accompanied by an accurate map at a scale not larger than one inch equals two hundred feet showing the affected property and three hundred feet in all directions from the property lines. A complete list of all owners of property on the map shall also be submitted. The list shall be certified by a licensed title company within thirty days of the date of application.
   3. Review Process. Those amendments proposed by an owner of an affected property or citizen that are site-specific and quasi-judicial in nature shall be subject to a Type II review consistent with CMC 18.20.030. The hearing examiner shall make a recommendation to the City Council.
3. Initiation of Amendment by the City. The city planner or city council may initiate an amendment to this title at any time. Before such an amendment can be passed, the merits of the proposed change and shall be evaluated and conclude the change, if adopted, will be in conformance with the comprehensive plan and promote the health, welfare, and safety of the people or constitutes good zoning practices and conforms to the laws of the state.
4. Review Process. An amendment initiated by the city shall be subject to a Type III review consistent with CMC 18.20.030.
5. Action of Review Authority.
   1. Whenever there is a proposed rezoning being reviewed where public hearing is advertised and held, if after hearing testimony and considering the facts involved, the council finds that a more restrictive zone classification than that requested and advertised or that a rezoning of less land than that advertised would be in the public interest and constitute good zoning practice, the council may approve a more restrictive zone or smaller land area without readvertising and rehearing. For the purpose of this provision, the Single-family residential (R-1) shall be interpreted as being the most restrictive.
   2. The city council shall review the proposal and shall not approve of an amendment to any implementing ordinance or regulation unless it first makes the following findings and conclusions:
      1. The proposed amendment is consistent with the intent and goals of the Chewelah comprehensive plan and meets the requirements and intent of the Chewelah Municipal Code.
      2. The proposed amendment is consistent with applicable federal and state laws and regulations.
      3. The city and other responsible agencies and special districts will be able to supply development resulting from the zone change or development regulation amendment with adequate roads and streets for access and circulation, water supply, storm drainage, sanitary sewage disposal, emergency services, and environmental protection.
      4. The amendment adequately mitigates impacts identified through the SEPA review process, if applicable.
      5. The amendment is beneficial to the public health, safety, and welfare, and is in the public interest.

(Ord. No. 900, § 7, 8-3-2016)

1. Purpose and Intent. The zoning map establishes zone boundaries and the text of this title establishes the permitted use of land in the various zones and the standards applicable to each use. While the provisions, conditions, and requirements in this title are in general, designed to apply to individual lots and minimum area parcels, the purpose of a planned development is to:
   1. Produce a development which is as good or better than what is allowed using the traditional lot by lot development, by applying to large areas, whether consisting of consolidated lots or unsubdivided property, the same principles and purposes inherent in the required provisions applying to individual lots or minimum area parcels;
   2. Correlate comprehensively the provisions of this title and other ordinances and codes of the city, to permit developments which will provide a desirable and stable environment in harmony with that of the surrounding area;
   3. Permit flexibility that will encourage a more creative approach in the development of land, and will result in a more efficient, aesthetic and desirable use of open area, while at the same time, maintaining substantially the same, or marginal increase in, population density and area coverage permitted in the zone in which the project is located;
   4. Permit flexibility in design, placement of buildings, use of open spaces, off-street parking areas, and to best utilize the potential of sites characterized by special features of critical resource areas, geography, topography, size, or shape, but maintaining a grid or modified grid system of streets;
   5. Permit an increase in development intensity to encourage provision of special needs housing for the elderly or disadvantaged.
   6. Change areas indicated on the zoning map to reflect the planned development (PD).
2. Initiation of PD. A planned development project may be initiated by:
   1. The owner of all the property involved, if under one ownership; or
   2. An application filed jointly by all the owners having title of all of the property in the areas proposed for the planned development project, if there is more than one owner; or
   3. A governmental agency.
3. Permitted Location of Planned Unit Development Projects.
   1. Residential planned development projects may locate only in any residential zone when processed and authorized as provided in this section.
   2. Planned developments for other than residential uses may locate only in zones permitting the heaviest use proposed on the site.
4. Required Minimum Site Area. A planned development project shall contain a minimum site area of not less than one acre.
5. Uses Permitted.
   1. In a planned development only the following uses are permitted:
      1. In a residential planned development:
         1. Residential units, either detached or in multiple dwellings;
         2. Accessory incidental retail and other non-residential uses may be specifically and selectively authorized as to the exact type and size to be integrated into the project by design, provided the project contains a minimum of one hundred dwellings and the accessory retail uses serve only as a convenience to the inhabitants of the project;
         3. Recreational facilities including but not limited to tennis courts, swimming pools, and playgrounds;
         4. Schools, libraries, and community halls.
   2. Planned developments for nonresidential uses shall be limited to zones in which the uses proposed are permitted by the zone in which the land is located.
6. Use Control in Planned Developments.
   1. In residential planned developments accessory incidental limited retail uses will only be permitted in those developments which are planned for one hundred families or more. Building permits or occupancy permits for such uses shall not be issued until one-half of the total number of units or one-half of the estimated value of the project, whichever is greater, is completed.
   2. In residential planned developments there shall be a minimum of ten percent of the total area of the planned development dedicated or reserved as usable common open space land.
   3. Adequate guaranty must be provided to insure permanent retention of common open space land area resulting from the application of these regulations, whether by private reservation for the use of residents within the development or by dedication to the public or combination thereof. A plan for continued maintenance of the area must be established.
7. Permissive Variations in Requirements. In considering a proposed planned development project the approval may involve modifications in the regulations, requirements and standards of the zone in which the project is located so as to appropriately apply such regulations, requirements and standards to the site. In modifying such regulations, requirements and standards as they may apply to a planned development project, the following limitations shall apply:
   1. Placement of Buildings. The site constraints, required yards and open spaces, and the height of the buildings shall dictate the location of buildings and structures on the site.
   2. Yards. The distance for front yards for the zone in which the planned development is located shall apply to all exterior boundary lines of the site.
   3. Open Spaces. The distance between buildings shall be not less than the minimum distance required in the Uniform Building Code.
   4. Height of Buildings. In a planned development, no building or structure shall exceed the height which is allowed by this title in the use zone for the particular type of building or structure.
   5. Number of Dwelling Units. The number of dwelling units permitted in any R zone shall be determined by dividing the net development area by the minimum lot area per dwelling unit required by the zone in which the area is located. Net development area shall be determined by subtracting the area set aside for churches, schools, or commercial use from the total development area. Planned development may be granted additional density as follows:
      1. A density bonus of five percent may be granted for projects devoted to senior housing.
      2. A density bonus of five percent may be granted for projects devoting between thirty percent and seventy percent of its housing units for low to moderate-income households.
   6. Permitted Site Coverage. The permitted percentage of coverage by buildings and structures for the net development area as determined in Part 5 of this section shall not exceed the percentage of coverage permitted in the zone in which the project is located. In cases, where density bonuses are applied, except in R-1B, site coverage shall not exceed forty percent.
   7. Permitted Floor Area. The maximum permitted floor area for all buildings shall not exceed the floor area permitted in the zone first permitting the use authorized.
   8. Off-Street Parking. The total required off-street parking facilities shall be adequate for all proposed uses. Shared parking may be approved through the PD process, provided the applicant justifies the use and adequacy of shared parking.
8. Application Submittal Requirements.
   1. The city shall prescribe the form on which applications are made for planned development projects. The city may prepare and provide blanks for such purpose and prescribe the type of information to be provided in the application by the applicant. No application shall be accepted unless it complies with schedule requirements and is verified as to the correctness of information by the signature of the applicant.
   2. The following shall be included as a part of the application:
      1. An accurate map drawn to scale of not less than one hundred feet to the one inch showing the boundaries of the site, with names and dimensions of all streets bounding or touching the site;
      2. The proposed location and horizontal and vertical dimensions of all buildings and structures proposed to be located on the site;
      3. Proposed locations and dimensions of "common open space," if any, within the site;
      4. Proposed public dedications, if any, within the site,
      5. Location, dimensions and design of off-street parking facilities showing points of ingress into and egress from the site;
      6. Location, direction and bearing or any major physiographic features such as railroads, streams or creeks, and shoreline and topographic contours at intervals of not more than five feet together with proposed grading, drainage, and landscaping;
      7. Any additional information as deemed necessary by the administrator;
      8. The explanatory text shall contain a written statement of the general purposes of the project and an explanation of all features pertaining to uses and other pertinent matters not readily identifiable in map form. The adoption of the text specifying the particular nonresidential uses permitted to locate on the site, if any, shall constitute a limitation to those specific uses.
   3. If the planned development contains any area that may require acquisition for public purposes such as opening and widening of streets or alleys, such features in addition to being indicated on the planned development map, shall be also shown in exact detail on a separate map to be processed and adopted in the manner prescribed for adoption of official controls. Such official control shall be identified in the official control related to such elements of the comprehensive plan as involve the identification and preservation of future rights-of-way for public thoroughfare or areas for other public uses; provided, however, in lieu thereof or in combination with such official controls a plat may be filed and processed as required by the land division regulations.
   4. All necessary applications for a planned development shall be processed concurrently with separate action on each application in accordance with Chapter 18.20 of this title.
9. Procedure for Approval of a Preliminary Planned Development.
   1. The approval of a planned development shall be a two step process consisting of a preliminary review and a final review as provided for in this section and Part K of this section.
   2. A preliminary development plan shall be submitted to the building official for approval. A Type II review will be scheduled in accordance with CMC 18.20.030.
      1. The hearing examiner shall review and may recommend to the council approval of a PD in whole or in part, with or without conditions, if all of the following findings of fact can be made in an affirmative manner:
         1. The planned development is consistent with the intent and goals of the Chewelah comprehensive plan and meets the requirements and intent of the Chewelah Municipal Code;
         2. The project is consistent with applicable federal and state laws and regulations;
         3. The project is compatible with the existing or known proposed development on properties in the project vicinity;
         4. The project can be adequately served by city water supply, storm drainage, sanitary sewage disposal, and emergency services;
         5. The project makes adequate provisions for access and circulation;
         6. The project protects sensitive natural resources and adequately mitigates impacts identified through the SEPA review process, if applicable;
         7. The project is beneficial to the public health, safety, welfare, and is in the public interest.
      2. The council shall hold an open record hearing and shall approve in whole or in part, with or without conditions, the application based on the findings of fact. Such preliminary approval or subsequent revisions shall be binding as to the general intent and apportionment of land for buildings, stipulated use, and circulation pattern, but shall not be construed to render inflexible the ultimate design, specific uses, or final plan of the project.
      3. The planned development resulting from the application of the provisions of this section shall be identified on the zoning map by appropriate reference to the detailed planned development map and explanatory text (if any) either by number or by symbol and constitute a limitation on the use and design of the site.
      4. If the development requires a division of land, the land division application shall be processed concurrently with the preliminary PD application. If the land division is submitted after PD approval, the proposed subdivision shall be processed in accordance with the Land Division Ordinance.
10. Time Limit on Approval of Preliminary PD. Authorization of a preliminary PD shall be valid for one year. However, the council may extend the preliminary PD approval one year longer provided the extension is requested prior to expiration of the original preliminary PD approval and the council finds that the facts on which the preliminary PD was approved have not changed substantially.
11. Procedure for Approval of a Final PD.
    1. Prior to the expiration of a preliminary PD approval, an application for final PD approval shall be submitted to the city.
    2. The final PD application shall be subject to a Type I review in accordance with CMC 18.20.030.
    3. In reviewing the application the administrator shall approve the final planned development, without a public hearing, if all of the following findings of fact can be made in an affirmative manner:
       1. The final planned development is consistent with the intent and goals of the Chewelah comprehensive plan and meets the requirements and intent of the Chewelah Zoning and Land Division Ordinances, including the type and intensity of development and protection of critical resource areas, if applicable.
       2. The project is consistent with applicable federal and state laws and regulations.
       3. The final planned development complies with all the conditions and conforms to all terms of the preliminary approval.
12. Time Limit on Approval of Final PD. A final PD approval shall expire one year after the effective date, unless a building permit has been issued and substantial construction has taken place or the use has commenced. However, a written request for a one-year extension submitted prior to the expiration date may be approved by the administrator if the administrator finds that the facts on which the PD was approved have not changed substantially.
13. Minor Adjustments in Planned Development. In issuing building permits for the construction of a planned development project, the building department may make minor adjustments involving the location or dimensions of buildings; provided, such adjustments shall not increase the total amount of floor space or number of units authorized in the planned development, nor decrease the amount of parking or loading facilities, nor permit buildings to locate closer to any boundary line, nor change any points of ingress or egress to the site.

(Ord. No. 900, § 7, 8-3-2016)

1. The Growth Management Act (GMA) requires that comprehensive plans be subject to continued review and evaluation and that any amendments or revisions to the Comprehensive Plan conform to the requirements of Chapter 36.70A RCW.
2. Initiation. Comprehensive Plan Amendments may be initiated by any of the following:
   1. Property owner(s) or their representatives within the urban growth area.
   2. Any citizen, agency, neighborhood association or other party within the urban growth area.
   3. City Council or City Staff.
3. Application Submittal.
   1. Required Materials.
      1. Name, address and telephone number of the person, business, agency or other organization suggesting the amendment
      2. Citation of the specific text, map, or other illustration suggested to be amended.
      3. The suggested amendment, including amendatory language.
      4. If a suggested amendment is to a plan or to both a plan and a development regulation, a statement of how the amendment
         1. promotes public health, safety, and welfare,
         2. is consistent with or in conflict with other portions of the comprehensive plan or subarea plan, and
         3. complies with Chapter 36.70A RCW, also known as the Growth Management Act, and the Stevens County county-wide planning policies;
      5. If a suggested amendment is only in the development regulations, a statement as to how the amendment complies with the comprehensive plan
      6. SEPA Checklist
      7. Applicable fees.
   2. Applicant Initiated. Comprehensive Plan amendments shall be subject to a Completeness Review pursuant to this chapter.
   3. The city administrator or his/her designee shall compile and maintain for public review a docket of suggested amendments to the comprehensive plan by appropriate classification and in the order which such suggested amendments were received.
4. Annual Review of Docket.
   1. All complete applications shall be docketed and reviewed concurrently on an annual basis and in a manner consistent with RCW 36.70A.130. The deadline for submission of a complete application for the 2024 annual update cycle shall be November 19, 2023. Every year thereafter, the deadline for submission of a complete application shall be June 30 of each calendar year.
   2. City Council Review of Docketed Requests. After the submission deadline, City staff will present the docketed requests to the City Council for review. The Council shall determine which specific docketed requests are processed based on the following criteria:
      1. Timing of the requested amendment is appropriate, and Council will have sufficient information to make an informed decision;
      2. The City will be able to conduct sufficient analysis, develop policy and any related development regulations;
      3. The amendment will further implement the intent of the City’s adopted Comprehensive Plan or the Growth Management Act;
      4. The amendment is not better addressed through another planning process.
   3. Approval Criteria. The City may approve Comprehensive Plan amendments if it finds that:
      1. The proposed amendment bears a substantial relationship to the public health, safety, welfare, and protection of the environment;
      2. The proposed amendment is consistent with the requirements of Chapter 36.70A RCW and with the portion of the City’s adopted Comprehensive Plan not affected by the amendment; or
      3. The proposed amendment corrects an obvious mapping error; or
      4. The proposed amendment addresses an identified deficiency in the Comprehensive Plan.
   4. Amendments may be considered more often than annually subject to circumstances specified in WAC 365-196-640(3)(b).