The purpose of this chapter is to provide a process to site necessary public uses that may otherwise be difficult to site. This process involves the community and identifies and minimizes adverse impacts. Essential public facilities are defined in section 11-01.050 DMC, definitions. Essential public facilities which meet the definition but are not listed in chapters 11-03 through 11-07 DMC shall also be reviewed according to the essential public facility review process.

(Ord. No. 1841, § 2(Att. B), 11-12-2013)

A use or facility may be added to the list of essential public facilities based on one of the following criteria:

A.

The use meets the definition of an essential public facility; and

B.

The use is identified on the state list of essential public facilities maintained by the State of Washington Office of Financial Management.

(Ord. No. 1841, § 2(Att. B), 11-12-2013)

Essential public facilities uses are those uses typically difficult to site. All essential public facilities shall be subject to review in accordance with title 10 and chapter 11-14.

A.

Correctional institutions. Correctional institutions use type means a facility operated by a government agency, designed, staffed and used for the incarceration of persons for the purposes of punishment, correction and rehabilitation following arrest or conviction of an offense.

B.

Halfway houses, overnight shelters, or transitional housing which do not meet the definition of group home and do not include facilities protected by Washington's law against discrimination, the Fair Housing Act or Fair Housing Act amendments. Halfway houses, overnight shelters, or transitional housing include, but are not limited to, facilities where one or more individuals reside for the purposes of incarceration, sex offender housing including secure community transition facilities, or drug or alcohol abuse treatment for a person or persons currently using alcohol or drugs. These are essential public facility and subject to review in accordance with this chapter. Individuals may be provided with a combination of personal care, social or counseling services and transportation.

C.

Organic waste processing facilities. Organic waste processing facilities use type refers to any solid waste facility specializing in the controlled decomposition of organic solid waste and which requires a solid waste permit under RCW Chapter 70.95. Typical uses include MSW composting facilities, composting facilities, and soil treatment facilities.

D.

Recycling processor. Recycling processor use type refers to any large-scale buy-back recycling business or other industrial activity which specializes in collecting, storing and processing any waste, other than hazardous waste or municipal garbage, for reuse and which uses heavy mechanical equipment to do the processing. Examples include facilities where commingled recyclables are sorted, baled or otherwise processed for transport off site.

E.

Sewage treatment facilities. Sewage treatment facilities use type refers to facilities used to treat any liquid or waterborne waste of domestic origin or a combination of domestic, commercial or industrial origin, and which by its design requires the presence of an operator for its operation, including alternative treatment works and package treatment plants. Also included are all of the various types of associated equipment, structures, and operations as they are currently constructed and operating or will result from technology, including, but not limited to, administrative offices, storage, laboratories, headworks, sedimentation basins, clarifiers, digesters, and biosolid handling including piping, filters, pumps, together with public walkways, recreational and educational uses, and parking lots. It shall not include any facility used exclusively by a single-family residence, septic tanks with subsoil absorption, industrial pretreatment facilities, or privately owned treatment plants.

F.

Waste disposal facilities. Waste disposal facilities use type refers to permanent disposal sites for solid waste. Typical uses include wood waste, inert/demolition waste, municipal solid waste, special waste and biosolids landfills, and waste-to-energy facilities.

G.

Waste transfer facilities. Waste transfer facilities use type refers to solid waste facilities where solid waste is collected or subjected to interim processing before being transported to a permanent disposal site. Typical uses include recycling collection sites, drop box transfer stations, transfer stations, recyclables recovery facilities, waste separation recovery facilities, moderate risk waste facilities, and tire piles.

(Ord. No. 1841, § 2(Att. B), 11-12-2013)

A.

Listed essential public facilities. All listed essential public facilities shall be reviewed through the essential public facility review process.

B.

Unlisted facilities. The planning director shall make a determination that a facility be reviewed pursuant to this section based on the following criteria:

1.

The facility is a type difficult to site because of one of the following:

a.

The facility needs a type of site of which there are few sites;

b.

The facility can locate only near another public facility;

c.

The facility has or is generally perceived by the public to have significant adverse impacts that make it difficult to site;

d.

The facility is of a type that has been difficult to site in the past;

e.

It is likely that the facility will be difficult to site; or

f.

There is a need for the facility and the City of Dayton is in the facility service area.

(Ord. No. 1841, § 2(Att. B), 11-12-2013)

A.

Agencies planning on siting essential public facilities shall submit an application to the department. The application shall be on a form provided by the city and shall be accompanied by the following documents and information as are determined to be necessary by the director.

B.

Essential public facilities shall be reviewed as follows:

1.

Essential public facilities shall require a conditional use permit.

2.

If an essential public facility is not listed within the zoning district, then the use shall be limited to the industrial zone. Essential public facilities that are not expressly listed in a zoning district are subject to either:

a.

Conditional use permit process; and

b.

Comprehensive plan/rezone process.

3.

In addition to a conditional use permit, all essential public facilities shall be subject to review in accordance with the requirements of this title.

C.

An applicant may have one or more alternative sites considered during the same process.

D.

The director has the authority to require the consideration of sites outside of the City of Dayton. Alternative sites shall cover the service area of the proposed essential public facility.

E.

An amplified public involvement process shall be required. The purpose of the public involvement process is to involve affected persons of likely and foreseeable impacts if the involvement process has the potential to lead to more appropriate design/location or if that process could lead to development of incentives to address modifications to the facility which would make the siting of that facility more acceptable.

F.

The applicant shall propose an acceptable public involvement process to be reviewed and approved by the director.

G.

Public involvement activities shall be conducted and paid for by the applicant.

H.

The public involvement process shall be initiated by the applicant as early as possible.

I.

The director may require a multidisciplinary review process if the facility serves a regional, countywide, statewide, or national need.

J.

An analysis of the facility's impact on city finances shall be undertaken. Mitigation of adverse financial impacts shall be required.

K.

The following criteria shall be used to make a determination on the application:

1.

The federal, state, regional, or local agency (applicant) shall provide a justifiable need for the essential public facility and for its location within the City of Dayton.

2.

The impact of the facility on the surrounding uses and environment, the city and, if applicable, the region.

3.

Whether the design of the facility or the operation of the facility can be conditioned, or the impacts otherwise mitigated, to make the facility compatible with the affected area and the environment.

4.

Whether the factors that make the facility difficult to site can be modified to increase the range of available sites or to minimize impacts in affected areas and the environment.

5.

Whether the proposed essential public facility is consistent with the City of Dayton comprehensive plan.

6.

If a variance is requested, the proposal shall also comply with the variance criteria.

7.

Essential public facilities shall also comply with all other applicable state siting and permitting requirements.

(Ord. No. 1841, § 2(Att. B), 11-12-2013)

The applicant has the burden of proving that the proposed use meets all criteria set forth in DMC 11.40.040(K).

(Ord. No. 1841, § 2(Att. B), 11-12-2013)

The hearings examiner may approve an application for an essential public facility, approve with conditions or require modification of the proposal to comply with specified requirements or local conditions. The hearing examiner may deny an application for an essential public facility if the placement of the use would be unreasonably incompatible with the surrounding area or incapable of meeting the criteria required for approval or with specific standards set forth in this code.

(Ord. No. 1841, § 2(Att. B), 11-12-2013)