The purpose of this chapter is to provide a mechanism whereby the hearing examiner may issue a variance or conditional use permit to provide relief from certain provisions of this title or to conditionally permit a broader range of uses than those normally outright permitted as outlined within the applicable zone and defined further in this chapter. Additionally, this chapter shall provide a means for appeal of interpretations of the city planning direction of this title as provided herein.

(Ord. 876 §141, 1999: Ord. 650 §32, 1985: Ord. 285 §29, 1960).

Any person desiring to appeal an interpretation of this Title by the planning official shall follow the direction of MLMC 19.135, Interpretation.

(Ord. 876 §142, 1999: Ord. 650 §33, 1985: Ord. 285 §30, 1960).

(Ord. No. 1130, § 61, 11-19-2024)

The hearing examiner shall have the authority to review, affirm, overrule, modify or amend any interpretation of the provisions of this title made by the planning official thereof, and shall have the authority to grant variances and permits for conditional property uses, subject to the limitations contained herein.

(Ord. 876 §143, 1999: Ord. 650 §34, 1985: Ord. 285 §31, 1960).

(Ord. No. 1130, § 62, 11-19-2024)

For an application for a conditional use permit or a variance to be deemed complete, the following information must be submitted:

(1)

An appropriate city application form;

(2)

A written description of the proposal;

(3)

A site plan;

(4)

Any studies, reports, or documentation to support the request;

(5)

A written response to the approval criteria. The approval criteria for conditional use permits is found in MLMC Section 17.48.080, Conditional Use Permits and Section 17.48.090, Conditional Use Permits—Conditions and Requirements. The approval criteria for Variances are found in MLMC Section 17.48.070, Variances;

(6)

A SEPA checklist unless the proposal is exempt from SEPA; and

(7)

The applicable fee.

(Ord. 876 §144, 1999: Ord. 650 §35, 1985: Ord. 285 §32, 1960).

(Ord. No. 1130, § 63, 11-19-2024)

Conditional use permits and variances are processed through a Type III review process with the hearing examiner holding the public hearing and making the final decision. The Type III review process is found in MLMC Section 19.270.040, Type III reviews.

(Ord. 876 §145, 1999: Ord. 650 §36, 1985: Ord. 285 §33, 1960).

(Ord. No. 1130, § 64, 11-19-2024)

Editor's note— Sec. 65 of Ord. No. 1130, adopted November 19, 2024, deleted § 17.48.060, which pertained to public hearing notification, and derived from Ord. 285, 1960; Ord. 650, 1985; Ord. 876, 1999.

In any case involving unnecessary hardships and practical difficulties rendering compliance with this title extremely difficult, the hearing examiner upon conducting an open record public hearing shall have the power to grant a variance from any rules, regulations, or provisions of this title relating to the use of land and/or structures keeping in mind the spirit of this ordinance, public safety, and substantial justice. However, no variance shall be granted unless the hearing examiner finds that all of the following conditions have been met:

(1)

That any variance granted shall be subject to such conditions as will assure that the adjustment thereby authorized shall not constitute a grant of special privilege inconsistent with the limitations upon other properties in the vicinity;

(2)

That because of special circumstances applicable to the subject property including size, shape, topography, location or surroundings, the strict application of the zoning code is found to deprive the property of rights and privileges enjoyed by other properties in the vicinity and under identical zone classification;

(3)

That the granting of the variance will not be detrimental to the public welfare or injurious to property or improvements in the vicinity and zone in which the property is located.

(Ord. 876 §147, 1999: Ord. 650 §38, 1985: Ord. 285 §35, 1960).

The hearing examiner upon conducting an open record public hearing may approve a conditional use permit subject to conditions that shall assure the compatibility of the use with other uses in the zone. A request for a conditional use permit may be denied where it cannot be shown that the requested use will be compatible with other permitted uses in the zone involved. Before issuing a conditional use permit, the hearing examiner shall find that the following facts and conditions exist:

(1)

Adequate conditions and restrictions are attached to the development of the property to ensure that the proposed use will be compatible with the uses permitted outright in this location; and

(2)

All performance standards and development standards outlined in the zoning code for the underlying zone shall be met or otherwise specifically conditioned.

(Ord. 876 §148, 1999: Ord. 650 §39, 1985: Ord. 285 §36, 1960).

The following conditions and requirements pertain to a conditional use:

(1)

In approving a conditional use permit, the hearing examiner may stipulate restrictions and conditions, including but not limited to the following:

(A)

Control of use;

(B)

Provision for front, side, corner side, or rear yard setbacks greater or less than the minimum standards of the zone within which the property is located;

(C)

Special landscaping, screening, fencing, off-street parking, public transit and/or high occupancy vehicle facilities or any other general development standards;

(D)

Requiring street dedications and/or roadway and drainage improvements necessary as a result of the proposed use;

(E)

Control of points of vehicular ingress and egress;

(F)

Control of noise, vibration, odor, glare, and other environmental contaminants;

(G)

Control of operating hours;

(H)

Duration or time limitation for certain activities; and/or

(I)

Any other reasonable restrictions, conditions, or safeguards that will uphold the spirit and intent of this code and the comprehensive plan and mitigate any adverse impact upon the adjacent properties by reason of use, extension, construction, or alteration allowed.

(2)

A conditional use permit may be suspended or revoked if, after a public hearing with notice as provided in above Section 17.48.050, the hearing examiner finds that a grantee or their successors in interest fail to comply with the conditions or restrictions included in the permit.

(Ord. 876 §149, 1999).

Editor's note— Sec. 66 of Ord. No. 1130, adopted November 19, 2024, deleted § 17.48.100, which pertained to report by hearing examiner, and derived from Ord. 876, 1999.

Editor's note— Sec. 67 of Ord. No. 1130, adopted November 19, 2024, deleted § 17.48.110, which pertained to records, and derived from Ord. 876, 1999.

Editor's note— Sec. 68 of Ord. No. 1130, adopted November 19, 2024, deleted § 17.48.120, which pertained to appeals to council, and derived from Ord. 876, 1999.