Kittitas County Unincorporated
City Zoning Code
City Zoning Code
CHAPTER 17
60A CONDITIONAL USES 1
§ 17.60A.010 Review authority.
KCC § 17.15.030 explains how to interpret the Zoning Use Tables. Uses identified with an "AC" (Administrative Conditional Use) on the use tabled in KCC Chapter 17.15 shall be reviewed administratively by the Director while uses identified with a "CU" (Conditional Use) shall require a public hearing and review by the Board.
(Ord. 2013-012, 2013)
§ 17.60A.015 Review criteria.
The Director or Board, upon receiving a properly filed application or petition, may permit and authorize a conditional use when the following requirements have been met:
1.
The proposed use is essential or desirable to the public convenience and not detrimental or injurious to the public health, peace, or safety or to the character of the surrounding neighborhood.
2.
The proposed use at the proposed location will not be unreasonably detrimental to the economic welfare of the county and that it will not create excessive public cost for facilities and services by finding that
a.
The proposed use will be adequately serviced by existing facilities such as highways, roads, police and fire protection, irrigation and drainage structures, refuse disposal, water and sewers, and schools; or
b.
The applicant shall provide such facilities; or
c.
The proposed use will be of sufficient economic benefit to offset additional public costs or economic detriment.
3.
The proposed use complies with relevant development standards and criteria for approval set forth in this title or other applicable provisions of Kittitas County Code.
4.
The proposed use will mitigate material impacts of the development, whether environmental or otherwise.
5.
The proposed use will ensure compatibility with existing neighboring land uses.
6.
The proposed use is consistent with the intent and character of the zoning district in which it is located.
7.
For conditional uses outside of Urban Growth Areas, the proposed use:
a.
Is consistent with the intent, goals, policies, and objectives of the Kittitas County Comprehensive Plan, including the policies of Chapter 8, Rural and Resource Lands;
b.
Preserves "rural character" as defined in the Growth Management Act (RCW 36.70A.030(20));
c.
Requires only rural government services; and
d.
Does not compromise the long term viability of designated resource lands.
(Res. 83-10, 1983; Ord. 88-4 § 11 (part), 1988; Ord. 2007-22, 2007; Ord. 2012-009, 2012; Ord. 2013-001, 2013; Ord. 2013-012, 2013; Ord. 2019-013, 2019)
§ 17.60A.020 Conditions.
In permitting such uses the Director or Board may impose in addition to the regulations specified herein, such conditions as it deems necessary to protect the best interests of the surrounding property or neighborhood or the county as a whole. These conditions may include, but are not limited to, the following:
1.
Increasing the required lot size, setback or yard dimensions;
2.
Limiting the height of buildings or structures;
3.
Controlling the number and location of vehicular access points (subject to approval by the reviewing authority with jurisdiction to issue approach or access permits);
4.
Requiring the dedication of additional rights-of-way for future public street improvements;
5.
Requiring the designation of public use easements;
6.
Increasing or decreasing the number of required off-street parking and/or loading spaces as well as designating the location, screening, drainage, surfacing or other improvement of a parking area;
7.
Limiting the number, size, height, shape, location and lighting of signs;
8.
Requiring or limiting view-obscuring fencing, landscaping or other facilities to protect adjacent or nearby properties;
9.
Designating sites for and/or the size of open space or recreational areas;
10.
Requiring site reclamation upon discontinuance of use and/or expiration or revocation of the project permit;
11.
Limiting hours and size of operation;
12.
Controlling the siting of the use and/or structures on the property;
13.
Requiring mitigation measures to effectively reduce the potential for land use conflicts with agricultural and resource lands, such as: landscape buffers, special setbacks, screening, and/or site design using physical features such as rock outcrops, ravines, and roads.
(Ord. 88-4 § 11 (part), 1988; Ord. 2007-22, 2007; Ord. 2012-009, 2012; Ord. 2013-012, 2013; Ord. 2014-005, 2014)
§ 17.60A.030 Application and accompanying data.
Written application for the approval of the uses referred to in this chapter shall be filed in the Community Development Services department upon forms prescribed for that purpose. The application shall be accompanied by a site plan showing the dimensions and arrangement of the proposed development or changes in an existing conditional use. The administrator, Hearing Examiner and/or Board may require other drawings, topographic surveys, photographs, or other material essential to an understanding of the proposed use and its relationship to the surrounding properties.
(Res. 83-10, 1983; Ord. 96-19 (part), 1996; Ord. 2007-22, 2007; Ord. 2012-009, 2012; Ord. 2013-001, 2013)
§ 17.60A.040 Fees.
(Res. 83-10, 1983; Ord. 88-4 § 11 (part), 1988; Ord. 2007-22, 2007; Ord. 2013-001, 2013; Ord. 2017-001, 2017; repealed by Ord. 2017-001)
§ 17.60A.050 Affected area of use.
(Res. 83-10, 1983; Ord. 88-4 § 11 (part), 1988; Ord. 2007-22, 2007; repealed by Ord. 96-19)
§ 17.60A.060 Hearings - Appeal.
Any such hearings shall be held pursuant to Title 15A of this code, Project permit application process.
(Ord. 2007-22, 2007)
§ 17.60A.070 Appeal.
(Res. 83-10, 1983; Ord. 88-4 § 11 (part), 1988; Ord. 2007-22, 2007; repealed by Ord. 96-19)
§ 17.60A.080 Transfer of ownership.
The granting of a conditional use permit and the conditions set forth run with the land; compliance with the conditions of the conditional use permit is the responsibility of the current owner of the property, the applicant and successors.
(Ord. 2007-22, 2007; Ord. 2013-001, 2013)
§ 17.60A.090 Expiration.
A conditional use permit shall become void five (5) years after approval or such other time period as established if the use is not completely developed. Said extension shall not exceed a total of ten (10) years and said phases and timelines shall be clearly spelled out in the application.
(Ord. 2007-22, 2007; Ord. 2012-009, 2012; Ord. 2013-001, 2013)
§ 17.60A.095 Modification.
Any change. enlargement or alteration in such use shall require a new review and new conditions may be imposed where finding requires.
(Ord. 2013-001, 2013; Ord. 2013-012, 2013)
§ 17.60A.100 Revocation or limitation.
The Board may hold a hearing to revoke or additionally limit a conditional use permit granted pursuant to the provisions of this Chapter. Ten (10) days prior to the hearing, notice shall be delivered in writing to the applicant and/or owner of the property for which such conditional use permit was granted. Notice shall be deemed delivered three (3) days after being mailed, first class postage paid, to the owner as shown on the current tax rolls of the County. A conditional use permit may be revoked or limited by the Board if any one (1) of the following findings can be made:
1.
That circumstances have changed so that 1 or more of the Conditions of 17.60A.020 are no longer met;
2.
That the conditional use permit was obtained by misrepresentation or fraud;
3.
That one or more of the conditions of the conditional use permit have not been met;
4.
That the use for which the conditional use permit was granted had ceased or was suspended for twelve or more consecutive calendar months;
5.
That the actual or permitted use is in violation of any statute, ordinance, law, or regulation; or
6.
That the use permitted by the conditional use permit is detrimental to the public health, safety or welfare or constitutes a nuisance.
The Board's decision shall be subject to judicial appeal under the provisions of KCC Chapter 15A.08. |
The Board's decision shall not be effective for twenty-one (21) days after being entered. The Superior Court in reviewing the Board's decision to revoke a CUP may grant a stay during the pendency of any appeal upon a finding that such a stay is necessary to avoid manifest injustice or upon stipulation by the County. |
(Ord. 2009-22, 2009; Ord. 2013-001, 2013)