Selah City Zoning Code
10.06 Applications
Uses covered by this title are grouped into three categories, each with a corresponding review process as set forth in Title 21 and as follows:
(1) Class 1 permitted uses are allowed subject to review by the administrative official for compliance with Chapter 10.08. Specific Class 1 permitted uses are listed in Chapter 10.28, Table 10.28A.
10.06.010 Purpose.
This chapter establishes procedures for acting upon permits authorized by this title; application submittal contents; categories of application types; authority for conducting review; criteria for rendering decisions to approve, conditionally approve or deny applications; and a process for revocation of approvals where appropriate. (Ord. 1634, § 19, 2004.)
10.06.020 Use categories.
Uses covered by this title are grouped into three categories, each with a corresponding review process as set forth in Title 21 and as follows:
(1) Class 1 permitted uses are allowed subject to review by the administrative official for compliance with Chapter 10.08. Specific Class 1 permitted uses are listed in Chapter 10.28, Table 10.28A.
(2) Class 2 administrative uses are generally allowed in the zoning district. However, the compatibility between a Class 2 use and the surrounding environment cannot be determined in advance. Therefore, a Class 2 application shall be reviewed by the administrative official and may be conditioned in order to ensure compatibility and compliance with the provisions of the zoning district and the goals, objectives and policies of the comprehensive plan. Occasionally, even with conditions, a Class 2 use may be incompatible at a particular location. If a Class 2 application cannot be adequately conditioned, it shall be denied. Specific Class 2 administrative uses are listed in Chapter 10.28, Table 10.28A.
(3) Class 3 conditional uses are not appropriate generally throughout the zoning district but may be permitted at a particular location where it can be conditioned in such a way to ensure compatibility and compliance with the provisions of the zoning district and the goals, objectives and policies of the comprehensive plan. If a Class 3 application cannot be adequately conditioned, it shall be denied. Class 3 conditional use permit applications are reviewed by the hearing examiner at a public hearing review and a recommendation is forwarded to the legislative body recommending disposition of the application. A conditional use permit may not be granted for a use in a district from which it is specifically prohibited. Specific Class 3 conditional uses are listed in Chapter 10.28, Table 10.28A.
(4) Master applications are those involving two or more uses or procedures within a particular project. In such cases the entire project shall be subject to the level of review required by the highest categorized use or procedure (e.g., Class 3 being higher than Class 2, and Class 2 being higher than Class 1).
(5) Accessory uses are customarily incidental and subordinate to the principal use of a structure or site. Therefore, accessory uses may only be permitted when a principal use has been established. The accessory use must be clearly secondary to, supportive of, and compatible with the principal use(s); consistent with the purpose of the zoning district; and comply with the provisions of this title. The land use category of an accessory use shall be the same as that of the principal use(s) as listed in Chapter 10.28, Table 10.28A, unless otherwise specified. (Ord. 2172, § 6, 2022; Ord. 1634, § 20, 2004.)
10.06.030 Existing uses.
Within the zoning districts established by this title, or zoning district amendments that may later be adopted, there may exist uses that were legally established prior to the effective date of this title, or applicable amendment, that are classified as a Class 1, II or III use in a particular zoning district. Such uses shall be considered Existing Class 1, II or III uses, and subject to the review standards pertaining thereto. (Ord. 1634, § 21, 2004.)
10.06.040 Application review procedures.
Applications shall be submitted and considered in the manner established in Title 21 as follows:
(1) Applications. Applications shall include a completed application form, required fees and other attachments necessary to review the proposal for conformance with this title.
(2) Completeness Review. The administrative official will review Class 1, 2, and 3 applications for completeness as provided in Title 21.
The administrative official may refuse to process any application that is incomplete or found to be inaccurate and may return it with the filing fee. Processing times established by this title or by statute shall not apply to an application until the date of official acceptance, as provided in Title 21. A preapplication conference with the applicant and/or agent may be scheduled where appropriate to discuss the deficiencies prior to resubmittal of the application.
(3) Violations. An application may be rejected by the administrative official where a violation of this title or other city ordinances or state law is found to exist on the property until such time as the violation is remedied or the application itself is intended to remedy the violation. Such violations may also be considered sufficient grounds for denial of an application if the proposed application cannot and does not remedy the violation.
(4) Additional Information. The administrative official may request additional or more detailed information as provided in Title 21.
(5) Public Notice.
(A) Notice shall be given for Class 2 and 3 applications as provided for in Title 21 with a notice of application being mailed to property owners within a three-hundred-foot radius of the subject site and providing for a fourteen-day public comment period prior to issuance of the reviewing body's decision or recommendation.
(B) The administrative official may also solicit comments from any other person or public agency he feels may be affected by the proposal.
(6) Administrative Official's Decision. After considering any comments in response to notice the administrative official shall take one or more of the following actions:
(A) Approve the application;
(B) Establish conditions for approval or require changes in the proposed site plan; provided, that conditioning authority for Class 1 uses is limited to those specified in Chapter 10.08;
(C) Request additional or more detailed information per Title 21. The hearing examiner may continue an open record public hearing to allow requested additional information to be provided;
(D) Request a recommendation from the hearing examiner prior to taking any of the above actions on a Class 2 application. The recommendation shall in no way be binding on the administrative official;
(E) Refer a Class 2 application to the hearing examiner for the purpose of conducting a public hearing and rendering a decision on the proposal;
(F) Deny the application;
(G) The legislative authority may also remand a Class 3 application to the hearing examiner before making a decision on the record if the legislative authority finds that the hearing examiner's recommendation needs clarification or further findings on specific points, consistency with this title or the comprehensive plan.
(7) Authority Limited. In order to conform to the intent of this title and provide public notice and due process for proposals under consideration, the administrative official shall not be authorized to adjust or vary standards of this title without first having a complete application for such action.
(8) Findings and Conclusions.
(A) For all Class 2 reviews the administrative official shall prepare written findings and conclusions stating the specific reasons upon which the decision to approve, approve with conditions or deny the application is based. In granting approval for any of the Class 2 uses listed in Chapter 10.28, Table 10.28A, the administrative official shall ascertain that the present and future needs of the community will be adequately served by the proposed development and that the community as a whole will be benefited rather than injured.
(B) For all Class 3 reviews the hearing examiner shall prepare written findings and conclusions stating the specific reasons upon which the recommendation to approve, approve with conditions or deny the application is based. In recommending approval of any of the Class 3 uses listed in Chapter 10.28, Table 10.28A, the hearing examiner shall ascertain that the present and future needs of the community will be adequately served by the proposed development and that the community as a whole will be benefited rather than injured.
(9) Decision. The administrative official's final decision shall be issued in accordance with the requirements of Title 21. Substantial weight shall be given to the administrative official's decision or recommendation in any subsequent review. (Ord. 2172, § 7, 2022; Ord. 2046, § 2 (Exh. A), 2018; Ord. 1634, § 22, 2004.)
10.06.050 Class 1 permits.
(a) In granting a Class 1 permit, the administrative official shall review the application, site plan, and all other necessary information to determine that:
(1) The proposed development complies with the standards and provisions of the zoning district in which it is located, the development standards of Chapter 10.08, and all other applicable sections of this title, except when adjusted or otherwise modified according to the provisions of this title.
(2) Adequate water, sewer, roads, and other infrastructure improvements exist, or will be provided, to serve the project consistent with the purpose of the zoning district. When necessary to meet current development standards, or to serve the proposed use, conditions may be required relating to: the number and location of vehicular access points; the dedication of additional right-of-way; public use easements; increased building setbacks to provide for future road improvements identified in an adopted transportation plan; storm drainage facilities; other infrastructure improvements; or other mitigation measures required under the State Environmental Policy Act (SEPA).
(b) When the proposed Class 1 use does not meet one or more of the requirements of subsection (a) of this section, it shall either be subject to conditions to correct the deficiency, or if it cannot be adequately conditioned to comply with this title, it shall be denied.
(c) When a Class 1 application is denied the administrative official shall prepare written findings stating the specific reasons upon which the decision was made.
(d) When a proposed Class 1 use is conditioned or denied, the applicant and/or property owner may appeal the determination to the legislative authority, as provided for in Title 21. (Ord. 2172, § 8, 2022; Ord. 1634, § 23, 2004.)
10.06.060 Conditional approval of Class 2 and Class 3 applications.
(a) In granting any Class 2 and Class 3 application the administrative official may impose conditions to:
(1) Comply with any development standard or criteria for approval set forth in this title or other relevant provisions of the Selah Municipal Code;
(2) Mitigate material impacts of the development, whether environmental or otherwise;
(3) Ensure compatibility of the development with existing neighboring land uses; assure consistency with the intent and character of the zoning district involved;
(4) Ensure that the structures and areas proposed are surfaced, arranged and screened in such a manner that they are compatible with and not detrimental to existing or reasonable expected future development of the neighborhood, or resource uses, consistent with the comprehensive plan;
(5) Achieve and further the intent, goals, objectives, and policies of the comprehensive plan and this title.
(b) It is the intent of this title to grant broad authority to impose special conditions and safeguards to achieve and further the objectives listed above. These conditions and safeguards may include, but are not limited to, the following:
(1) Increasing the required lot size, setback or yard dimensions;
(2) Limiting the height of buildings or structures;
(3) Controlling the number and location of vehicular access points;
(4) Requiring the dedication of additional rights-of-way for future public street improvements identified in an adopted transportation plan;
(5) Requiring the designation of public use easements or drainage easements and their recording;
(6) Increasing the number of required off-street parking and/or loading spaces as well as designating the location, screening, drainage, surfacing or other improvement of a parking area;
(7) Limiting the number, size, height, shape, location and lighting of signs;
(8) Requiring view-obscuring fencing, landscaping or other facilities to protect adjacent or nearby properties;
(9) Designating sites and/or the size of sites for open space or recreational areas;
(10) Requiring site reclamation upon discontinuance of use and/or expiration or revocation of the project permit;
(11) Limiting hours and size of operation;
(12) Controlling the siting of the use and/or structures on the property;
(13) Requiring that public facilities are adequate to serve the proposed use;
(14) Requiring improvements to public or private roads, drainage ways, water systems or sewage systems;
(15) Requiring mitigation measures to effectively reduce the potential for land use conflicts between the proposed use and active agriculture, or mineral operations, such as: landscape buffers; special setbacks; screening; site design using physical features such as rock outcrops, ravines, roads, irrigation canals or critical areas.
(c) The administrative official shall prescribe a time limit within which the action authorized shall be commenced, completed, or both. Failure to meet the time limit set shall void the approval; except that the administrative official may authorize a one-time extension of either or both dates upon request, provided such extension request is filed in writing prior to the required commencement or completion date. Such extension request shall detail unique and special circumstances that prohibited the commencement or completion, or both, of the use authorized. The length of such time extension, if authorized, shall not exceed eighteen additional months from the date the extension decision becomes final.
(d) Violation of such conditions and safeguards, when made part of the terms under which the project permit is granted, shall be considered a violation of this title and subject to the remedies set forth in Title 21. (Ord. 2172, § 9, 2022; Ord. 1634, § 24, 2004.)
10.06.070 Hearing review procedures.
The procedures set forth in Title 21 will be followed. (Ord. 1634, § 25, 2004.)
10.06.080 Revocation of project permits.
The administrative official may revoke a project permit if it is ascertained that the application included any false information material to the project permit approval, or if it develops that the conditions and safeguards made a part of the terms under which the approval was granted have not been complied with or are not now being maintained.
(1) If the administrative official finds the conditions and safeguards made part of the terms under which the project permit was granted have not been complied with or are not being maintained, the administrative official shall prescribe a reasonable time for correction, and if corrections are not made within the time limit, revocation of the project permit shall become effective five days after the time previously specified.
(2) The applicant or property owner may request a public hearing on the revocation subject to payment of a fee. An open record public hearing shall be held before the legislative authority in accordance with the procedures of Title 21, in order to show cause why such permit approval should not be revoked.
An application for a project permit previously revoked under this section cannot be made within one year after revocation. (Ord. 2172, § 9, 2022; Ord. 1634, § 26, 2004.)