Shelton City Zoning Code

The uses described in this chapter, and all matters directly related thereto, are declared to be uses possessing characteristics of such unique and special form as to make impractical their being included automatically in any classes of use as set forth in the various zones previously defined, and the authority for the location and operation thereof shall be subject to favorable recommendation of the hearings examiner. The city council, upon receipt of the hearings examiner’s recommendations, shall also consider the application.

The purpose of the review before the hearings examiner and city council shall be to determine that the characteristics of any such use shall not be incompatible with the type of uses permitted in surrounding areas and for the further purpose of stipulating such conditions upon an operation as may ensure that this basic purpose shall be served.

Airports, landing fields and heliports, subject to the following regulations: Land in the vicinity of aircraft landing fields shall be divided into “approach areas,” “turning areas,” and “transition areas” and shall be designated with the prefix “LF” (landing field) on the zoning maps which are a part of this title.

Transfer stations (refuse and garbage) when operated by a public agency.

Sanitary landfills, public or private, and commercial incinerators.

Hydroelectric generating plants.

Correctional institutions.

All land surface modification not otherwise subject to regulation, or specific exemption under the provisions of Chapter 70, Uniform Building Code Appendix (building and land surface modification regulations), or by development permits required by this title.

Public utility power generating plants.

Refuse disposal sites, provided sanitary-fill method is used.

Housing designed for the elderly, with the exception of projects which can in all respects comply with the provisions of the R-3 zone.

Storage of operable or inoperable automobiles, exclusive of off-street parking facilities incidental to a primary use.

Recreational area, commercial.

Special function land uses as defined in Section 20.70.040(F).

The requirements for front, rear and side yards and open spaces applicable to the particular zone in which any such use is proposed to be located shall prevail, unless, in the findings and conditions recited in the action dealing with each such matter, specific additions are made with respect thereto.

The provisions applying the height, floor area and lot area coverage applicable to the particular zone in which any such use is proposed to be located shall prevail, unless, in the findings and conditions recited in the action dealing with each such matter, specific additional limitations are made with respect thereto.

The requirements for provision of off-street parking and loading areas applicable to the particular use shall prevail, unless, in the findings and conditions recited in the action dealing with each such matter, specific additional requirements are made with respect thereto.

Special use permits may be granted upon filing of an application therefor by a property owner or a lessee, in conformity with this chapter. The procedure to be followed in processing such permits shall be the same as set forth in Chapter 20.52 for amendments.

Environmental information shall be submitted in accordance with the State Environmental Policy Act of 1971, as amended, and Title 21. Information shall be submitted in a form approved by the city engineer. The evaluation and declaration of environmental significance shall be in accordance with Title 21.

A standard survey of the property by a land surveyor licensed by the state of Washington shall be submitted in conjunction with the submission of the special use permit application for new construction, and corner stakes shall be physically installed.

Site plans shall be required to be filed with the applications as per Section 20.32.140(B).

Public hearings on applications for a special use permit shall be held by the hearings examiner and recommendations shall be made to the city council. The recommendations of the hearings examiner shall set forth all findings in each specific grant of a special use permit, and each denial thereof.

The city council shall then consider these recommendations at a regular council meeting, notifying the applicant of the day it will consider such recommendations. The city council may request the applicant to appear before it when considering an application for a special use permit. If approved by the city council, it shall be so done in resolution form delineating specifically what is approved and any conditions thereof.

The use requested by the special use permit shall be within the intent of this title, the comprehensive plan, and the public interest.

The use requested by the special use permit shall demonstrate that it is consistent with any performance standards applicable to the district in which it is to be placed.

The use requested by the special use permit shall be made on the basis of site plans submitted pursuant to Section 20.46.040(D). If the improvements are to be made over a period greater than two years, the time of improvements shall be indicated.

Whenever a special use permit has been granted, it shall be revoked unless a building permit conforming to plans upon which the permit was granted is obtained within six months of the date of the issuance of the permit. Substantial construction shall be completed within one year from the date the permit becomes effective unless a renewal is granted or unless the grant of the special use permit specifically provides for a period greater than one year.

An approved application for a special use permit may be renewed by the hearings examiner for one year. No more than one renewal may be issued for any special use permit.

The city council, after a recommendation from the hearings examiner, may revoke or modify any special use permit. Such revocation or modifications shall be made on any one or more of the following grounds:

Individuals who are aggrieved may petition the city council to initiate revocation proceedings.

Before a special use permit may be revoked or modified, a public hearing shall be held. Procedures concerning notice, reporting and appeals shall be the same as required by this title for the initial consideration of a special use permit application.