Sequim City Zoning Code
CHAPTER 18
60 CONDITIONAL USE PERMITS
§ 18.60.010 Purpose.
A conditional use permit is a mechanism by which the city may require special conditions on development or on the use of land in order to ensure that designated uses or activities are compatible with other uses in the same land use district and in the vicinity of the subject property.
(Ord. 2022-024 § 1 (Exh. A))
§ 18.60.020 Types of conditional use permit applications.
There are two types of conditional use permits. An administrative conditional use permit (ACUP) application will be processed as a Type A-2 permit application; a conditional use permit (CUP) will be processed as a Type C-2 (quasi-judicial) permit application. Both Type A-2 and Type C-2 permits will be processed according to the provisions of SMC Title 20. Land uses and development actions requiring an ACUP or CUP are identified in use tables in each respective zoning district.
(Ord. 2022-024 § 1 (Exh. A))
§ 18.60.030 Review authority.
The review authority for an ACUP is the director of community development, and the review authority for a CUP is the hearing examiner, according to the provisions of Chapter 20.01 SMC.
If an administrative conditional use permit application is submitted concurrently with any Type C-2 permit application, the applications will be subject to one combined Type C-2 review and approval process.
(Ord. 2022-024 § 1 (Exh. A))
§ 18.60.040 Application requirements.
A.
Applications for ACUP and CUP use permits must be submitted upon forms provided by the community development department and must contain all of the following:
1.
A verified statement by the applicant that the property affected by the application is in the exclusive ownership of the applicant or that the applicant has submitted the application with the written consent of all owners of the affected property.
2.
A completed application form including a SEPA checklist submitted pursuant to Chapter 16.04 SMC, as amended when required.
3.
Method of providing the development with stormwater management, water, power, sanitary and solid waste disposal and site circulation and access.
4.
A site plan of the proposed use showing existing and proposed streets, easements, structures, open spaces, uses of each structure, surrounding land uses, parking areas, fencing, pedestrian paths and trails, buffers, and landscaping.
5.
Architectural elevations, if applicable.
6.
The applicable fee.
7.
For CUPs, assessor's maps and a list of tax parcels and their owners for all properties within 300 feet of the property and properties to which public notice must be sent as provided in SMC § 20.01.190.
8.
The application for an ACUP or a CUP must demonstrate how the requested use conforms with the approval criteria listed in SMC § 18.60.070. This should include a detailed narrative statement along with detailed dimensions, descriptions of materials, and other relevant information pertaining to the requested use. Applicants for a CUP may be requested to provide additional submittal requirements as discussed in the required preapplication meeting.
9.
Such additional information as deemed materially necessary by the department of community development to enable the hearing examiner or director of the department of community development to take action pursuant to the requirements of this section.
B.
Upon receipt of an application for an ACUP or CUP, the department reviews it for completeness in accordance with applicable provisions in Chapter 20.01 SMC. Upon determination that the application is complete, the department will forward the application to the director of the department of community development or hearing examiner for review.
(Ord. 2022-024 § 1 (Exh. A))
§ 18.60.050 Conditions authorized.
In permitting ACUPs and CUPs, the review authority may impose, in addition to regulations and standards expressly specified in this chapter, other conditions found necessary to protect the health, safety and welfare of the surrounding property(s), neighborhood, and the city as a whole. These conditions may include, but are not limited to:
A.
Requirements increasing the required lot size or yard dimensions;
B.
Increasing street widths, controlling the location and number of vehicular access points to the property;
C.
Increasing the number of off-street parking or loading spaces required;
D.
Limiting the number of signs;
E.
Limiting the coverage or height of buildings or structures because of reduction of light and air to adjacent property;
F.
Limiting or prohibiting openings in sides of buildings or structures or requiring screening and landscaping where necessary to reduce noise and glare and maintain the property in a character in keeping with the surrounding area; and
G.
Requirements under which any future enlargement or alteration of the use will be reviewed by the city and new conditions imposed.
(Ord. 2022-024 § 1 (Exh. A))
§ 18.60.060 Neighborhood presentation.
When the subject site is within or adjacent to a residential zoning district, a neighborhood presentation must be conducted by the applicant for a conditional use permit (CUP). Procedures for the neighborhood presentation are identified in Chapter 20.01 SMC.
(Ord. 2022-024 § 1 (Exh. A))
§ 18.60.070 Decision format and approval criteria.
All decisions must be in writing and supported by findings of fact and conclusions of law. Such conclusions must address all specific issues raised by staff, the applicant, or any party of record. Findings and conclusions may also set forth the manner by which the decision would carry out and conform to the city's comprehensive plan, land use or other enforcement regulations, and other official policies, objectives, and ordinances. In lieu of original findings and conclusions regarding uncontested matters, the review authority may adopt findings and conclusions recommended by the staff, the applicant, or any party of record. The decision must also contain a statement that the decision is final, as applicable, and set forth the time frames for reconsideration and appeal.
The review authority may approve, or approve with conditions, the application for an ACUP and CUP if it meets the following criteria. Applications that do not meet all decision criteria will be denied.
A.
The use will not be materially detrimental to uses or property in the immediate vicinity of the subject property; and
B.
The design is compatible with the existing or intended character, appearance, quality of development and physical characteristics of the subject property and immediate vicinity; and
C.
The use will be served by adequate public facilities including streets, fire protection and utilities; and
D.
Satisfactory provisions and conditions have been made concerning the following matters, where applicable:
1.
Ingress and egress to the property and proposed structures thereon with particular reference to automotive, bicycle, and pedestrian safety and convenience, traffic flow;
2.
Off-street parking and loading areas where required, with particular attention to subsection (D)(1) of this section;
3.
The noise, glare, or odor effects of the special use permit on surrounding properties;
4.
Refuse and service areas, with particular reference to location and screening;
5.
Screening and buffering with reference to type, dimensions and character;
6.
Signs, if any, and proposed exterior lighting with reference to glare, traffic safety and compatibility with surrounding properties;
7.
Required yards and other common space;
8.
Any special requirements set forth in this SMC for the particular use involved.
(Ord. 2022-024 § 1 (Exh. A))
§ 18.60.080 Limitations of permit.
A.
An ACUP permit or a CUP permit is valid for two years after approval, if within that time the required building construction, alteration or enlargement has been commenced and diligently pursued. In cases where there is no such construction, alteration or enlargement required, then the permitted use must be regularly conducted on the premises. The community development director may allow a one-year extension if the applicant can demonstrate that they were diligently pursuing development of the project and that the delay can be attributed to unforeseen circumstances outside of the applicant's control.
B.
In a case where an application is denied by the review authority and specifically stated to be without prejudice, it may not be resubmitted for a one-year period from the date of said denial, unless, in the opinion of the review authority, new evidence is submitted or conditions have changed to an extent that further consideration is warranted.
C.
If, within the original approval period or subsequent extensions granted in accordance with this chapter, the applicable infrastructure is constructed and completed and the use is regularly operated consistent with applicable permit conditions, the use may continue indefinitely regardless of ownership; provided, that the use or operation is consistent with the permit and any conditions.
(Ord. 2022-024 § 1 (Exh. A))
§ 18.60.090 Appeal.
The applicant or other party of record for an ACUP or CUP, as applicable, who may be aggrieved by the decision may appeal the decision as set forth in SMC § 20.01.240.
(Ord. 2022-024 § 1 (Exh. A))
§ 18.60.100 Modification/revocation by review authority.
The city or applicant may initiate a modification or revocation of an approved ACUP and CUP.
A.
Modification. Modification to an approved ACUP will be through a Type A-2 process and for an approved CUP through a Type C-2 process as set forth in SMC Title 20. The review authority of the original permit may delete, modify or impose additional conditions upon finding that the use for which such approval was granted has been intensified, changed or modified by the property owner or by person(s) who control the property without approval so as to significantly impact surrounding land uses.
B.
Revocation. The city may initiate revoking an approved ACUP through an A-2 process or CUP in accordance with SMC § 20.01A.060 and after consultation with the city attorney.
C.
Voluntary Revocation. If the ACUP or CUP is no longer necessary due to a change in zoning regulations or if the use is discontinued, the applicant may request an administrative revocation of the ACUP or CUP.
(Ord. 2022-024 § 1 (Exh. A))