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Pullman City Zoning Code

17.125 Conditional

Use Permits

A conditional use permit may be approved when all of the following findings required by this section can be made:

(1) that the proposed use is consistent with the Comprehensive Plan;

17.125.010 Purpose.

This Chapter is to describe criteria, procedures, and limitations for the issuance of conditional use permits. It is recognized that there are special uses which, because of their unique characteristics, cannot be properly classified in any zoning district without consideration in each case of the impact of those uses upon neighboring land and of the public need for the use at the particular location. These uses are called conditional uses. It is the intent and policy of the City of Pullman that such uses be dealt with in a manner that is equitable to the owner or applicant in terms of the interest of the City in securing public health, safety, and general welfare. When considering uses that are protected by the First Amendment to the United States Constitution, the Hearing Examiner should consider the need to balance governmental regulations with free exercise claims. (Ord. 25-08 §1 (Att. A), 2025; Ord. 22-2 §8, 2022; Ord. 87-9 §1, 1987).

17.125.020 Criteria and Findings.

A conditional use permit may be approved when all of the following findings required by this section can be made:

(1) that the proposed use is consistent with the Comprehensive Plan;

(2) that the proposed use, and its location, are consistent with the zoning district in which the use is to be located;

(3) that the proposed use will meet all required yard, parking, and other material development standards of the Zoning Code unless otherwise varied in the approved conditional use permit;

(4) that the use, as approved or conditionally approved, will:

(a) be located on a site that is adequate in size and shape;

(b) be located on a site that has sufficient access to streets and highways adequate in width and type of surface to carry the quantity and quality of traffic generated by the proposed use;

(c) not have a significant adverse environmental impact on the adjacent area or the community in general;

(d) be compatible with surrounding land uses;

(e) be provided with adequate parking; and

(f) be served by adequate public utilities and facilities. (Ord. 25-08 §1 (Att. A), 2025; Ord. 03-33 §48, 2003; Ord. 87-9 §1, 1987).

17.125.025 Transferability.

The Hearing Examiner at the time of the issuance of the conditional use permit will determine whether the conditional use permit may or may not be used by a subsequent user of the same property or if the permit will be personal. When the Hearing Examiner finds it appropriate, the Hearing Examiner may require that the permit be recorded in the form of a covenant with the Whitman County Auditor. (Ord. 25-08 §1 (Att. A), 2025; Ord. 22-2 §8, 2022; Ord. 87-9 §1, 1987).

17.125.030 General Requirements.

The following general requirements will be applicable to all conditional use permits:

(1) The Hearing Examiner will review applications for conditional use permits as provided in PCC 17.180.030, except conditional use permit applications in conjunction with an application for a PRD, PUD, MHP, or RVP which will be reviewed by the Commission as provided in PCC 17.180.030.

(2) Any person may appeal a Hearing Examiner decision to the Superior Court of Whitman County as provided in Chapter 17.185 PCC.

(3) An approved conditional use permit must be acted on by the permittee within one (1) year from its date of approval. Otherwise, the conditional use permit will expire and be invalid, unless the permittee files an application for an extension of the time 30 days before the expiration of the one (1) year period and the Director of Community Development approves the application.

(4) An application for any extension of time must be reviewed by the Director of Community Development as provided in PCC 17.175.050.

(5) A conditional use permit applies only to the property for which it has been approved, and may not be transferred to any other property.

(6) A conditional use permit application will be denied if the proposal cannot be conditioned so that the findings required by PCC 17.125.020 can be made. (Ord. 25-08 §1 (Att. A), 2025; Ord. 22-2 §8, 2022; Ord. 03-33 §49, 2003; Ord. 87-9 §1, 1987).

17.125.040 Permit Conditions.

Approval of a conditional use permit application may be conditioned so that the required findings can be made. Permit conditions may include requirements which:

(1) increase the required lot size or yard dimensions;

(2) increase street widths;

(3) control the location and number of access points to the property;

(4) increase the number of off-street parking or loading spaces required;

(5) limit the number of signs;

(6) limit the coverage or height of buildings or structures because of obstructions to view, reduction of light and air to adjacent property, or incompatibility with surrounding uses;

(7) limit or prohibit openings of buildings or structures or expand requirements for screening or landscaping where necessary to reduce noise and glare and maintain the property in a character in keeping with the surrounding area;

(8) establish requirements under which any future enlargement or alteration of the use will be reviewed by the City and new conditions imposed; and

(9) establish regulations for the use of the property as necessary to protect nearby property or improvements from detrimental effects of the proposed use, such as limiting the hours of operation or number of employees. (Ord. 25-08 §1 (Att. A), 2025; Ord. 96-19 §4, 1996; Ord. 87-9 §1, 1987).

17.125.050 Expansion of Approved Conditional Uses.

By means of the procedure described in PCC 17.175.050, the Director of Community Development may authorize up to a 10% expansion, in any five (5) year period, of an approved conditional use in relation to its gross floor area, height, parking, and occupancy, including number of seats, classrooms, and students; provided, however, that no expansion of a structure by means of this procedure will exceed 5,000 square feet in gross floor area. All such modifications will be consistent with the original conditions of approval and applicable regulations. (Ord. 25-08 §1 (Att. A), 2025; Ord. 03-33 §70, 2003).