Lacey City Zoning Code
16.66 Conditional
Uses and Permits
16.66.010 Intent.
It is the intent of this chapter to:
A. Provide for the location of certain types of uses, services and facilities which, because of their unique characteristics, cannot (or should not) be limited to or automatically included in specific land use classification districts;
B. Permit essential services and facilities which are needed or may be needed by or in the community, but the exact nature, scale, or location of which cannot be foreseen or predicted;
C. Provide a classification system for essential public facilities as defined in RCW 36.70A.200 to determine those essential public facilities requiring regional review;
D. Provide a review opportunity to surrounding jurisdictions that may be impacted by the siting of essential public facilities as defined in RCW 36.70A.200;
E. Establish development standards for such uses and facilities in order that properties adjacent to such uses, especially properties which are of clearly different character from the use or uses identified in this chapter, are reasonably protected from adverse effects or impact of these conditional uses;
F. Authorize the city to impose reasonable conditions, restrictions and development requirements on conditional uses as may be deemed appropriate for a conditional use in any given land use district;
G. Provide for a review process which will enable city officials, the general public and proponents of conditional uses to evaluate the need, location, scale and development characteristics of said uses and their impact on adjacent properties and the community as a whole, to the end that such uses may be approved, modified, or disapproved fairly and objectively;
H. It relieves the ordinance codified in this title and its enforcement officials from the burden of trying to identify every district in which a specific and unique use should be included as a conditional use;
I. Just as other chapters of this title try to achieve flexibility by describing rather than listing permitted uses in each district, this chapter should contribute to the desired flexibility by recognizing the limits of predictability;
J. It further enhances flexibility since the development standards for a particular use may vary depending upon the specific location for which it is proposed. (Ord. 1236 §1, 2005; Ord. 1192 §169, 2002; Ord. 691 §38, 1984; Ord. 583 §2.27(A), 1980).
16.66.020 Permitted uses.
Specific types permitted in accordance with the intent of this chapter, and subject to reasonable conditions imposed by the city, are categorized and identified as follows:
A. Personal or community service facilities such as:
1. Nursery schools and preschools,
2. Child day care centers when proposed in those districts specified in Chapter 16.65 LMC,
3. Funeral parlors, mortuaries and crematoria, provided these are permitted uses in the cemetery zone,
4. Senior citizen centers,
5. Nursing homes, convalescent care facilities, and
6. Cemeteries; provided once a cemetery is approved the property shall be designated as cemetery on the city’s zoning map.
B. Places of public assembly, including:
1. Churches (or other places of worship),
2. Sports arenas or stadia,
3. Fraternal organizations and lodges, and
4. Private clubs;
C. Public utilities and their appurtenances, such as:
1. Electrical substations,
2. Pumping, lift stations or similar regulatory appurtenances for the transmission or distribution of electricity, natural gas, water and sewage, oil or steam, and storage tanks for any of the above, including water towers,
3. Solid waste disposal facilities, including transfer stations, incinerators and sanitary landfills, and
4. Radio, television or telephone stations; commercial wireless communication facilities are subject to the requirements as specified in Chapter 16.68 LMC.
D. Public safety and emergency response facilities, including:
1. Police stations,
2. Fire stations,
3. Emergency medical centers, and
4. Hospitals;
E. Public and private transport/ maintenance facilities, including:
1. Airports, landing strips, heliports or helipads, including waterborne craft,
2. Marinas, docks, piers, or breakwater devices, regardless of size or purpose,
3. Railroad terminals, switching facilities, maintenance or repair shops, and spurs,
4. Bus terminals, storage or maintenance facilities,
5. Automobile parking facilities or structures other than those specifically required in Chapter 16.72 LMC in connection with permitted uses,
6. Corporation yards;
F. Sexual offender secure community transition facilities as defined in RCW 71.09.020, which facilities are mandated by the state of Washington pursuant to Chapter 71.09 RCW. The siting of such facilities shall be subject to the conditions identified in Chapter 16.66 LMC.
G. Uses which are similar or related to those uses described in subsections A through E of this section. (Ord. 1186 §1, 2002; Ord. 1080 §14, 1998; Ord. 931 §11, 1992; Ord. 927 §17, 1992; Ord. 691 §39, 1984; Ord. 583 §2.27(B)(1,2), 1980).
16.66.030 Control of uses.
Conditional uses shall be subject to the review process as provided for in the quasi-judicial process outlined in Section 1C.050 of the City of Lacey Development Guidelines and Public Works Standards or as otherwise noted in this chapter. (Ord. 1192 §170, 2002; Ord. 691 §40, 1984; Ord. 583 §2.27(B)(3), 1980).
16.66.040 Environmental performance standards.
A. Conditional uses shall comply with the environmental performance standards as described in Chapter 16.57 LMC, and may be required to comply with stricter standards upon a finding by the city that stricter standards are necessary and reasonable to protect adjacent properties or the health or general welfare of the community.
B. Specific requirements are established in this chapter for certain conditional uses. In the event that the specific requirements are found to be in conflict with the requirements of the use district in which the conditional use is to be located, the requirements of Chapter 16.66 LMC shall govern. (Ord. 1192 §171, 2002; Ord. 583 §2.27(C)(1), 1980).
16.66.050 Design standards.
A. The design standards for permitted uses in a given district shall be the initial base of reference in determining the design standards for conditional uses in the same district.
B. The enforcing officer is authorized to alter or vary the design of the district for a conditional use when such alteration or variation is found to be reasonable to protect adjacent properties or the health or general welfare of the community.
C. Design standards which may be altered or varied for conditional uses include but are not necessarily limited to the following:
1. Size and shape of lots (i.e., minimum area, width, depth, setbacks and building heights);
2. Maximum building coverage;
3. Maximum development coverage;
4. Off-street parking and loading;
5. Landscaping, buffering and screening.
D. All development requirements established for a conditional use in a given district shall be documented in appropriate written and/or graphic form so as to provide a permanent public record to assure compliance prior to, during and after construction of the conditional use. (Ord. 1192 §172, 2002; Ord. 583 §2.27(C)(2), 1980).
16.66.055 Standards for Sexual Offender Secure Community Transition Facilities.
A. In addition to standards identified in LMC 16.66.040 and 16.66.050 sexual offender secure community transition facility system shall meet such additional standards as are designed to mitigate the unique concerns of this use and are consistent with the requirements of state law.
B. No sexual offender secure community transition facility shall have more than three beds to be utilized by sexual offenders. No such facility shall, at any time, have a population of sexual offenders exceeding three.
C. This use can be considered for location only in the Light Industrial Zone, provided a site meets all other location requirements of Chapter 16.66 LMC.
D. No sexual offender secure community transition facility shall be located within one quarter of a mile of another such secure community transition facility and a proposal for siting shall be in compliance with the requirements of state law regarding equitable distribution of such facilities.
E. The location of a sexual offender secure community transition facility shall not be adjacent to, immediately across a street or parking lot from, or within the line of sight of any risk potential activity or facility. “Risk Potential Activity” or “Risk Potential Facility” means an activity or facility that provides a higher incidence of risk to the public from persons conditionally released from the special commitment center for sexual offenders. Risk potential activities and facilities shall include but not be limited to:
1. Existing public and private schools and existing sites designated as Open Space Institutional by the city specifically for school sites, and designated by the North Thurston Public School District as a school site by the District’s Comprehensive Plan;
2. School bus stops;
3. Licensed day care and licensed preschool activities;
4. Public parks, publicly dedicated trails, sports fields and playgrounds;
5. Recreation and community centers;
6. Churches, synagogues, temples, and mosques;
7. Public libraries;
8. Any other risk potential activity or risk potential facility identified by subsequent amendment to state statute, by the Washington State Department of Social and Health Services pursuant to its hearing process mandated by RCW 71.09.315 or in the decision of the hearings examiner or city council granting or denying a special use permit for the siting of a sexual offenders secure community transition facility.
F. Unless otherwise ordered by a court of competent jurisdiction, all residents of a sexual offender secure community transition facility shall wear electronic monitoring devices at all times. To the extent that electronic monitoring devices that employ global positioning system technology are technically available, such devices shall be used. Such devices shall be part of a secure GPS system approved by the Department of Social and Health Services that cannot be removed by resident. The GPS system shall be capable of locating the resident wherever the resident goes. Such system shall be the best technology available and equipment to monitor the GPS devices shall be provided to the Lacey Police Department or its designee for monitoring purposes.
G. If such a facility is sited within the city of Lacey, the Department of Social and Health Services shall provide for training, information, coordination and capital costs of the Lacey Police Department and shall further fund the need for increased police protection, monitoring and incident response to the facility, all as provided or allowed by state law.
H. Landscaping of the facility shall provide an aesthetically attractive presentation for the zone in which it is located. The landscaping plan shall pay particular attention to mitigation of lighting impacts to adjacent properties as a result of requirements of LMC 16.66.050(K). Landscaping shall comply with the crime prevention through environmental design technique requirements. Additionally, the requirements of Chapter 16.80 LMC shall apply to any facility in the same manner as applied to other developments located within the Light Industrial Zone.
I. Design of the structure and site shall create an aesthetically attractive building and site which is compatible with and enhances the character of the zone in which it is located. Such design shall be subject to the design review process and principles set forth in Chapter 14.23 LMC.
J. An on-premises exterior lighting plan shall be presented to and approved by the department of public works and the police department of the city as part of the design review process and prior to the operation of the facility. The plan shall utilize the principles of the crime prevention through environmental design technique requirements to provide easy visibility of the site from the street and shall avoid spillage of light onto adjacent properties. All parking areas and premise entries shall be illuminated from dusk till dawn with a lighting system which provides an average maintained horizontal illumination of one foot candle of light, or such lessor amount as shall be approved by such reviewing departments. (Ord. 1186 §2, 2002).
16.66.060 Essential public facilities.
A. Essential public facilities identified. Essential public facilities, for purposes of this chapter are public or privately owned or operated facilities while, although serving a public purpose, are typically difficult to site. They include but are not limited to, airports, state educational facilities, state or regional transportation facilities, prisons, jails and other correctional facilities, secure community transition facilities, solid waste handling facilities, inpatient facilities such as group homes and mental health facilities, sewage treatment facilities, and communication towers and antennas.
B. Special regional review process and minimum standards for essential public facilities. Essential public facilities shall be processed as a conditional use pursuant to the requirements of this chapter. Essential public facilities shall be subject, at a minimum, to the policies provided in adopted county wide planning policies and the City Comprehensive Land Use Plan, and all applicable standards and requirements of the zoning code and other applicable codes and regulations.
C. Essential public facilities classified. Essential public facilities are classified, for purposes of this section as follows:
1. Type One: Multi-county facilities. Major facilities serving or potentially affecting more than one county. These facilities include, but are not limited to, regional transportation facilities, such as: regional airports, state correction facilities, and state educational facilities.
2. Type Two: Local or Interlocal facilities serving or potentially affecting residents or property in more than one jurisdiction. They could include, but are not limited to, county jails, county landfills, community colleges, sewage treatment facilities, communication towers, and inpatient facilities, such as: substance abuse facilities, mental health facilities, and group homes.
3. Type Three: Facilities serving or potentially affecting only the city of Lacey and its residents.
D. Essential public facilities determination of classification. The city of Lacey shall determine the type of classification of a proposed essential public facility. In order to enable the city to determine the project’s classification, the applicant shall identify the approximate area within which the proposed project could potentially have adverse impacts, such as: increased traffic, public safety risks, noise, glare, emissions, or other environmental impacts.
E. Essential public facilities early notification. Early notification and involvement of affected citizens and jurisdictions for Type One and Type Two facilities is required as follows:
1. At least ninety days before submitting an application for a Type One or Type Two essential public facility, the prospective applicant shall notify the affected public and jurisdictions of the general type and nature of the proposal, identify sites under consideration for accommodating the proposed facility, and identify opportunities to comment on the proposal. Applications for specific projects shall not be considered complete in the absence of proof of a published notice regarding the proposed project in a newspaper of general circulation in the affected area. This notice shall include the information described above and shall be published at least ninety days prior to the submission of the application.
2. Affected citizens, jurisdictions and the Thurston Regional Planning Council may provide this project sponsor and the city of Lacey with their comments or recommendations regarding alternative project locations during this ninety day period. The purpose of this provision is to enable potentially affected jurisdictions and the public to collectively review and comment on alternative sites for major facilities before the project sponsor has made its siting decision.
F. Essential public facilities consideration of impact on sensitive areas. Essential public facilities shall not have any probably significant adverse impact on critical areas or resource lands, except for lineal facilities, such as highways, where no feasible alternative exists.
G. Essential public facilities analysis. Applicants for Type One and Type Two essential public facilities shall provide an analysis of the alternative sites considered for the proposed facility. This analysis shall include the following:
1. An evaluation of the site’s capability to meet basic siting criteria for the proposed facility, such as: size, physical characteristics, access, and availability of necessary utilities and support services;
2. An explanation of the need for the proposed facility in the proposed location;
3. The site’s relationship to the service area and the distribution of other similar public facilities within the service area or jurisdiction, whichever is larger; and
4. A general description of the relative environmental, traffic, and social impacts associated with locating the proposed facility at the alternative sites which meet the applicant’s basic siting criteria. The applicant shall also identify proposed mitigation measurers to alleviate or minimize significant potential impacts.
5. A brief description of the process used to identify and evaluate the alternative sites. (Ord. 1236 §2, 2005).
16.66.070 When granted.
A conditional use permit may be granted by the hearings examiner, after public hearing and review, for those uses requiring such permits as provided for in this title. (Ord. 1650 §27, 2023; Ord. 1192 §174, 2002).
16.66.080 Application form.
A written application for a conditional use permit shall be submitted to the community and economic development department on forms as prescribed by the community and economic development department, and shall include such information as requested thereon. No application shall be accepted unless it complies with such requirements. (Ord. 1539 §112, 2019; Ord. 1192 §175, 2002).
16.66.090 Public hearing.
One public hearing on any proposed conditional use permit shall be held by the hearings examiner according to the quasi-judicial process and timelines according to the standards in Section 1C.050 of the City of Lacey Development Guidelines and Public Works Standards. (Ord. 1192 §176, 2002).
16.66.100 Action by hearings examiner.
In reviewing a conditional use permit, the hearings examiner shall impose all requirements for such use, as prescribed in this title and other conditions and safeguards as are necessary to secure adequate protection for the locality in which the use is to be permitted. The hearings examiner shall establish a time limit, within which action for which the conditional use is required shall be begun, completed, or both. (Ord. 1650 §28, 2023; Ord. 1192 §177, 2002).
16.66.110 Noncompliance-Penalty.
If the enforcing officer determines that there has been continuing noncompliance with the conditions of a conditional use permit previously granted by the city council, such officer shall schedule a public hearing before the city’s land use hearings examiner for purpose of hearing and making recommendation to the city council regarding the revocation, suspension or modification of such conditional use permit. Refusal by the enforcing officer to so schedule a hearing shall be deemed to be an administrative decision, subject to appeal by an aggrieved party pursuant to the provisions of this code. The procedures to be followed in providing for the public hearing, notice thereof recommendation by the hearings examiner to the city council and action by the city council shall be the same as that action directed to be taken upon application for such a conditional use permit pursuant to the terms of this chapter.
The city council, after receipt of recommendation from the hearings examiner as provided in this chapter, may revoke, suspend or modify a conditional use permit previously granted for those uses listed herein when it determines there has been continuing noncompliance with the conditions of such permit or other regulations governing such use. The options for decision before the city council and the final nature of such decision shall be the same as action on an original application. (Ord. 1192 §178, 2002).