Prosser City Zoning Code

Permits may be made subject to any condition which the administrator, board of adjustment or city council finds necessary to protect the public health, safety and welfare or otherwise bring a proposed development into compliance with the purpose and intent of this title. Such conditions may include, but are not limited to: special setbacks, buffers, landscaping, fences and walls; lighting; surfacing of parking areas; the installation of drainage; the construction of service roads and alleys; the regulation of the time and type of various activities, points of vehicular ingress and egress; noise, vibration, odors and similar conditions; signs and obstructions to visibility; and such other conditions as will make possible the development of the city in an orderly and efficient manner.

Conditions may be imposed in accord with the State Environmental Policy Act, RCW Chapter 43.21C. These conditions may be as the result of, or in lieu of, an environmental impact statement.

No building permit will be issued nor may any use or change in use be made of land without a site review. This does not apply to open or temporary land uses which do not exceed ten days in duration or single-family residences and their accessory structures in R districts.

Action. The administrator will make appropriate findings and either approve or conditionally approve site review applications.

Any review which authorizes the division of property in lieu of a plat or short plat must be recorded with the Benton County Auditor. The plans and the record of survey filed therewith have the same legal effect as a plat.

Conditional uses, including site review, will be heard and decided by the board of adjustment.

Depending on public comment, a conditional use permit will be approved if and only if:

The administrator may approve a home occupation for any residential unit, regardless of zoning designation. A home occupation that meets all of the following requirements may be approved by the administrator without the notification process outlined in this section:

Notification will be given by the posting of the property that a home occupation application has been received, that it meets the required criteria (otherwise, the application will not be accepted), and if no objections are received, it will be approved.

The notification will state that affected persons and property owners will have seven days to express, in writing, any objections. If an objection is received, the administrator will schedule the matter for a city council open record appeal hearing in accord with Title 19.

The administrator will normally take final action within seven working days after the comment period.

The administrator will, depending on public comment, approve a home occupation if all of the following criteria are found:

Employment of not more than one person, not a member of the immediate family, will be permitted, at the discretion of the administrator, upon application in writing describing the full nature and extent of the occupation.

If the administrator finds that the applicant cannot substantially meet each and every one of the above described criteria, he will treat the application as an application for a conditional use in accord with this chapter. Additional fees and information may be required.

No home occupation permit is final until the applicant has obtained a business license.

Home occupations include, but are not limited to: art studios; dress and drapery making; music lessons limited to single students; and preparation of food for off-premises sales.

Home occupations do not include: barber and beauty shops; real estate and insurance offices; restaurants; commercial stables and kennels; and cabinet makers.

Where stated in this title, the administrator may include an unlisted use as a similar use in a zone if all of the following are found:

If the administrator finds the use to be a similar use, he will notify the planning commission and city council and publish notice thereof. Approval of a request to include a similar use will have the affect of amending the zoning ordinance to add the similar use to the permitted use section of the applicable district.

Any person aggrieved by a decision of the administrator may appeal to the city council within five days of publication.

If the administrator is not able to include the requested use, an application to amend the zoning ordinance may be submitted and will be considered in accord with Section 18.78.040.

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 the property, on behalf of which the application was filed, is located; and

That 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

That the granting of the 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 located.