Although each zone is primarily intended for a predominant type of use (e.g., dwelling in residential districts), there are a number of uses which may or may not be appropriate in a particular zone depending upon all of the circumstances of the individual case. Also there are uses which because of their temporary nature cannot be properly classified in any particular zone without individual consideration of impact of those uses upon the neighboring land and of the public need for the particular uses. Such special circumstances are addressed through the conditional use, variance and temporary use permit processes described in the following sections.

(Ord. 163 § 11.1, 1989)

Any person desiring a conditional use, variance or temporary use permit shall file an application with the city clerk-treasurer's office or its authorized representative on a form provided by the city. Accuracy and completeness of the application shall be the responsibility of the applicant. Such filing shall be accompanied by the filing fee specified in this section. The inspector shall review the application and make his report thereon, transmit the application and report to the board, and set the date for a public hearing by the board on the application. Such public hearing must be held, with notice as provided in this section, within forty days following the filing of application. The board shall approve or deny the application within thirty days after conclusion of the public hearing, and shall state its findings of fact, conclusions and decisions in writing. In the case of conditional uses and variances, these findings and conclusions shall refer specifically to the conditions listed in Sections 17.80.030 and 17.80.040. Board approval of the application shall constitute authorization and direction to the inspector to issue a permit for the conditional use, variance, or temporary use.

(Ord. 163 § 11.2, 1989)

A.

Basis for Approval. A permit to allow a conditional use may be approved by the board after consideration of all or as many of the following conditions as may apply.

1.

The use proposed in the application is listed on the chart as a permitted conditional use in the zone in which the proposed use would be located; and

2.

The procedures set forth in the preceding section have been followed; and

3.

The board has found that the proposed use is consistent with the objectives and purposes of this title as declared in Chapter 17.04 and with the comprehensive plan and reports related thereto; and

4.

The board has found that the proposed use is compatible with surrounding land uses and with general character of the district in which it would be located; and

5.

The board has set forth such conditions and modifications to the application as it deems necessary to meet these conditions.

6.

In the case of a conditional use permit allowing the rebuilding of a damaged nonconforming use, the board shall deny the conditional use permit unless the board finds that:

a.

The damaged nonconforming use possessed substantial value and potential remaining life at the time of damage; and

b.

The owner can prove substantial hardship if the conditional use is denied; and

c.

The overall community will not be materially damaged by grant of the permit.

B.

Imposition of Conditions. In considering an application for a conditional use, the board may consider and may impose modifications or conditions on the application necessary to include consideration of the criteria of the basis for approval, as set forth in the preceding subsection A. Such modifications or conditions may relate to the following or other pertinent factors:

1.

Size and location of site;

2.

Street and road capacities in the area;

3.

Ingress and egress to adjoining public streets;

4.

Location and amount of off-street parking;

5.

Internal traffic circulation system;

6.

Fencing, screening and landscaped buffer areas;

7.

Building bulk and location;

8.

Usable open space;

9.

Signs and lighting;

10.

Drainage of storm water; and

11.

Noise, vibration, air pollution and other environmental influences.

C.

Official Recording. All approved site plans for conditional uses including modifications and conditions, shall be reviewed by the board and made a permanent part of the application.

D.

Modification of Approved Conditional Use. No approved conditional use may be modified, structurally enlarged, or expanded in ground area unless the site plan is amended and approved in accordance with the procedures applicable to initial approval of a conditional use.

(Ord. 163 § 11.3, 1989)

Where unnecessary hardships and practical difficulties, resulting from peculiarities of a specific property, render it difficult or inequitable to carry out all provisions of this title, the board shall have the power to grant a variance if it finds that the following conditions are met:

A.

The variance will not constitute a grant of special privilege inconsistent with the limitation upon uses of other properties in the vicinity and zone in which subject property is located; and

B.

Such variance is necessary, because of special circumstances relating to the size, shape, topography, location, or surroundings of the subject property, to provide it with use rights and privileges permitted to other properties in the vicinity and in the zone in which the subject property is located; and provided that such unusual circumstances or conditions do not exist throughout the neighborhood or zone in which the property is located, and provided further that such unusual circumstances or conditions have not been created by action of the applicant; and

C.

The granting of such variance will not be materially detrimental to the public welfare or injurious to the property or improvements in the vicinity and zone in which the subject property is situated; and

D.

The granting of such a variance will not adversely affect the comprehensive plan; and

E.

The variance, if granted, will not alter the essential character of the neighborhood or district in which the property is located, nor substantially or permanently impair the appropriate use or development of the adjacent property; and

F.

The variance so authorized shall become void after the expiration of six months if no substantial construction has taken place in accordance with the plans for which the variance was authorized.

(Ord. 163 § 11.4, 1989)

Notwithstanding the limitations of use as established by this title in each of the several zones, the board may authorize temporary uses, which because of their unique character and temporary nature, are deemed to be suitable and proper temporary uses of land or structures. As a condition of issuance, the board may attach any conditions it deems necessary for the protection and preservation of the property rights and values of adjacent properties. Such authorization shall be issued for a specific period of time not to exceed one year. Authorization may be renewable after re-application on review by the board at least sixty days prior to expiration, provided that such renewals shall not be granted to establish a de facto permanent use in lieu of a rezoning process. Such authorization shall be granted for structures or uses which are of a temporary nature such as:

A.

Storage of equipment during the building of roads, developments, or logging operations;

B.

Real estate office used for the sale of lots or housing in subdivisions, i.e., tract offices;

C.

Contractors job sheds used in conjunction with the building of a structure, road, etc.;

D.

Temporary housing, including mobile homes and travel trailers;

E.

Other uses of a similar temporary nature when approved by the board.

(Ord. 163 § 11.5, 1989)

Essential public facilities meeting the requirements of RCW 36.70A.200 shall be permitted in the same manner and with condition similar to other conditional uses provided that the addition of conditions may not preclude the use.

(Ord. 264 § 6 (part), 1998)