Certain uses are subject to the conditional use standards because they may have significant adverse effects on the environment, overburden public services, change the desired character of an area or create major nuisances. A review of these uses is necessary due to the potential individual or cumulative impacts they may have on the surrounding area or neighborhood. The conditional use review provides an opportunity to allow the use when there are minimal impacts, to allow the use but impose mitigation measures to address identified impacts or to deny the use if the impacts cannot be resolved.

Date Passed: Tuesday, May 31, 2005

Effective Date: Wednesday, July 6, 2005

ORD C33636 Section 9

Uses that require a conditional use review and are subject to the standards of this chapter are identified in the use tables of the base zones or in the standards of overlay zones or plan districts which apply to the site. The review procedures for various conditional use situations are located in chapter 17G.061 SMC, Land Use Application Procedures. The applicable decision criteria for conditional use permits are located in chapter 17G.061 SMC.

Date Passed: Tuesday, May 31, 2005

Effective Date: Wednesday, July 6, 2005

ORD C33636 Section 9

Over time, the zoning standards applicable to a specific site may change. This may result from changes to the zoning standards or the zoning map, including annexation rezonings. Following an amendment to the zoning standards or zoning map that changes a use that was previously allowed outright or was a conforming use to a conditional use under the amended regulation or map, the use is considered an approved conditional use and may continue to operate. Any changes to the use are subject to the procedures of chapter 17G.061 SMC, Land Use Application Procedures, and the appropriate decision criteria of this chapter.

Date Passed: Tuesday, May 31, 2005

Effective Date: Wednesday, July 6, 2005

ORD C33636 Section 9

The development standards for conditional uses are those of the base zone, any applicable overlay zones or plan districts, and any relevant standards in Part 3 of this division, Special Use Standards.

Date Passed: Tuesday, May 31, 2005

Effective Date: Wednesday, July 6, 2005

ORD C33636 Section 9

When a proposed use is located on a parcel which has more than one zone, and the use is a conditional use in one zone and an allowed or limited use in the other, any proposals on the allowed site are subject to conditional use review.

Date Passed: Tuesday, May 31, 2005

Effective Date: Wednesday, July 6, 2005

ORD C33636 Section 9

When the need for an existing public or semi-public building in any zone no longer exists, the building may be converted to those uses listed in the zone in which it is located. When the building is located in any R zone, it may be converted to any use allowed in the O zone if a conditional use permit is approved from the hearing examiner after public hearing. The hearing examiner must find the existing building suitable for the proposed use and that the proposed use is not unduly detrimental to the surrounding properties. To qualify for the conditional use permit hearing, the public or semi-public facility may not have more than twelve thousand square feet of total floor area in the building and must have been constructed to house the public or semi-public use and operated as such use for a minimum of five years.

Date Passed: Tuesday, May 31, 2005

Effective Date: Wednesday, July 6, 2005

ORD C33636 Section 9

A request for a new conditional use is a Type III application unless another type of application is indicated in the primary use table of the base zone.

Date Passed: Tuesday, May 31, 2005

Effective Date: Wednesday, July 6, 2005

ORD C33636 Section 9

Decision criteria for conditional uses are stated in SMC 17G.061.310. Those conditional uses with decision criteria in addition to that provided in SMC 17G.061.310 are listed below. Requests for conditional uses will be approved if the hearing examiner finds that the applicant has shown that all of the decision criteria have been met.

1. [Deleted]

2. Essential Public Facility.
   For conditional use permits to site an essential public facility, the following additional criteria apply:

   1. Before issuance of a conditional use permit, the applicant shall have complied with all applicable requirements for the siting of an essential public facility in accordance with state, regional and local mandates including the:

      1. Spokane County Regional Siting Process for Essential Public Facilities, and

      2. administrative procedures adopted as part of the interlocal agreement regarding siting of essential public facilities within Spokane County.

   2. Housing for persons with handicaps as defined under the Federal Fair Housing Act and children in the custody of the state, which housing includes “community facilities” as defined in RCW 72.05.020 and facilities licensed under chapter 74.15 RCW, are exempt from the Spokane County Regional Siting Process for Essential Public Facilities. Housing for juveniles held in county detention facilities or state juvenile institutions as defined in chapter 13.40 RCW is subject to the Spokane County Regional Siting Process for Essential Public Facilities.

   3. Facilities of a similar nature must be equitably dispersed throughout the City.

3. Secure Community Transition Facility.
   For a conditional use permit to site a secure community transition facility the following additional criteria must be met:

   1. Before issuance of a conditional use permit, the applicant shall have complied with all applicable requirements for the siting of an essential public facility in accordance with state, regional and local mandates, including the:

      1. Spokane County Regional Siting Process for Essential Public Facilities, and

      2. administrative procedures adopted as part of the interlocal agreement regarding siting of essential public facilities within Spokane County.

   2. The siting of a secure community transition facility must comply with all provisions of state law, including requirements for public safety, staffing, security and training, and those standards must be maintained for the duration of the use.

   3. A secure community transition facility should be located on property of sufficient size and frontage to allow the residents an opportunity for secure on-site recreational activities typically associated with daily needs and residential routines.

   4. If state funds are available, the department of social and health services should enter into a mitigation agreement with the City of Spokane for training and the costs of that training with local law enforcement and administrative staff and local government staff, including training in coordination, emergency procedures, program and facility information, legal requirements and resident profiles.

   5. The applicant must show that the property meets all of the above requirements and, further, if more than one site is being considered, preference must be given to the site furthest removed from risk potential activities or facilities.

4. Mining.
   For a conditional use permit for a mining use, the following additional criteria apply:

   1. The minimum site size shall be three acres.

   2. The minimum setback shall be fifty feet from any property line; provided further, that such mining does not impair lateral or subjacent support or cause earth movements or erosions to extend beyond the exterior boundary lines of the mining site.

   3. Mining operations and associated buildings shall be located at least four hundred feet from a residential zone.

   4. An eight-foot site-obscuring fence shall be provided and maintained in good condition at all times on the exterior boundary of any portion of any site on which active operations exist and on the exterior boundary of any portion of the site which has been mined and not yet reclaimed.

   5. Sound levels, as measured on properties adjacent to a mining site, shall conform to the provisions of WAC 173-60-040, Maximum Permissible Environmental Noise Levels, for noise originating in a Class C RDNA (industrial zone).

   6. All mining and site reclamation activity shall be consistent with the Spokane Regional Clean Air Agency (SRCAA) air quality maintenance requirements.

   7. A reclamation plan approved by the Washington state department of natural resources (DNR) shall be submitted with the conditional use application. The plan shall be prepared consistent with the standards set forth in chapter 78.44 RCW. DNR shall have the sole authority to approve reclamation plans. Upon the exhaustion of minerals or upon the permanent abandonment of mining operations, the mined excavation must be rehabilitated or reclaimed consistent with the approved reclamation plan.

   8. Upon the exhaustion of minerals or materials in the mining use or upon the permanent abandonment of the mining use, all buildings, structures, apparatus or appurtenances accessory to the mining operation shall be removed or otherwise dismantled. Abandonment shall be deemed to have occurred after one year of cessation of all extraction operations.

   9. Reclamation shall be complete within one year after the mining operations have ceased or after abandonment of the mining use. The reclamation of the site shall be consistent with the department of natural resources approved site reclamation plan.

   10. To provide for protection of groundwater and surface water, during and after operation, mining shall not be allowed to penetrate below an elevation ten feet above the highest known elevation of an aquifer within the Spokane Valley-Rathdrum Prairie Aquifer area.

   11. The primary reduction and processing of minerals or materials are high impact uses. These uses include, but are not limited to, concrete batching, asphalt mixing, rock crushing, brick, tile and concrete products manufacturing plants, and the use of accessory minerals and materials from other sources necessary to convert the minerals or materials to marketable products. These uses shall be located a minimum of six hundred feet from the boundary of a residential or commercial zone.

   12. The monitoring and clean-up of contaminants shall be ongoing. The mine operator shall comply with all existing water quality monitoring regulations of the Washington state department of ecology and the Spokane county regional health district.

5. Retail Sales and Service Uses within Industrial Zone.
   For a conditional use permit for a retail sales and service use in an industrial zone, the following additional criteria apply:

   1. The use shall serve primarily other businesses and the use will contribute to the enhancement of the industrial character of the area and further the purpose of the industrial zone.

6. Institutional and Other Uses in Residential Zones.
   These approval criteria apply to all conditional uses in RA through RHD zones. The approval criteria allows institutional uses (including expansions of existing facilities), allows increases to the maximum occupancy of group living, and permits other non-residential household living uses in a residential zone. These types of uses must maintain or do not significantly conflict with the appearance and function of residential areas. The approval criteria are:

   1. Proportion of Residential Household Living Uses.
      The overall residential appearance and function of the area will not be significantly lessened due to the increased proportion of uses not in the residential household living category in the residential area. Consideration includes the proposal by itself and in combination with other uses in the area not in the residential household living category and is specifically based on the:

      1. number, size and location of other uses not in the residential household living category in the residential; and

      2. intensity and scale of the proposed use and of existing residential household living uses and other uses.

   2. Physical Compatibility.

      1. The proposal will be compatible with adjacent residential developments based on characteristics such as the site size, building scale and style, setbacks and landscaping; or

      2. The proposal will mitigate differences in appearance or scale through such means as setbacks, screening, landscaping and other design features.

   3. Livability.
      The proposal will not have significant adverse impacts on the livability of nearby residential zoned lands due to:

      1. noise, glare from lights, late-night operations, odors and litter; and

      2. privacy and safety issues.

   4. Public Services.

      1. The proposed use is in conformance with the street designations of the transportation element of the comprehensive plan.

      2. The transportation system is capable of supporting the proposed use in addition to the existing uses in the area. Evaluation factors include:

         1. street capacity, level of service and other performance measures;

         2. access to arterials;

         3. connectivity;

         4. transit availability;

         5. on-street parking impacts;

         6. access restrictions;

         7. neighborhood impacts;

         8. impacts on pedestrian, bicycle and transit circulation;

         9. safety for all modes; and

         10. adequate transportation demand management strategies.

      3. Public services for water supply, police and fire protection are capable of serving the proposed use, and proposed sanitary waste disposal and stormwater disposal systems are acceptable to the engineering services department.

7. Alternative or Post Incarceration Facilities – Group Living.
   These criteria apply to group living uses that consist of alternative or post incarceration facilities in the RA through the RHD zones.

   1. Physical Compatibility.

      1. The proposal will preserve any City-designated scenic resources; and

      2. The appearance of the facility is consistent with the intent of the zone in which it will be located and with the character of the surrounding uses and development.

   2. Livability.
      The proposal will not have significant adverse impacts on the livability of nearby residential-zoned lands due to:

      1. noise, glare from lights, late-night operations, odors and litter; and

      2. privacy and safety issues.

   3. Public Services.

      1. The proposed use is in conformance with the street designations in the transportation element of the comprehensive plan.

      2. The transportation system is capable of supporting the proposed use in addition to the existing uses in the area. Evaluation factors include:

         1. street capacity, level of service or other performance measures;

         2. access to arterials;

         3. connectivity;

         4. transit availability;

         5. on-street parking impacts;

         6. access restrictions;

         7. neighborhood impacts;

         8. impacts on pedestrian, bicycle and transit circulation; and

         9. safety for all modes; and

      3. Public services for water supply, police and fire protection are capable of serving the proposed use, and proposed sanitary waste disposal and stormwater disposal systems are acceptable to the engineering services department.

   4. Safety.
      The facility and its operations will not pose an unreasonable safety threat to nearby uses and residents.

8. Detention Facilities.
   These approval criteria ensure that the facility is physically compatible with the area in which it is to be located and that the safety concerns of people on neighboring properties are addressed. The approval criteria are:

   1. Appearance.
      The appearance of the facility is consistent with the intent of the zone in which it will be located and with the character of the surrounding uses and development.

   2. Safety.
      The facility and its operations will not pose an unreasonable safety threat to nearby uses and residents.

   3. Public Services.

      1. The proposed use is in conformance with the street designations shown in the transportation element of the comprehensive plan.

      2. The transportation system is capable of supporting the proposed use in addition to the existing uses in the area. Evaluation factors include:

         1. street capacity, level of service or other performance measures;

         2. access to arterials;

         3. connectivity;

         4. transit availability;

         5. on-street parking impacts;

         6. access restrictions;

         7. neighborhood impacts;

         8. impacts on pedestrian, bicycle and transit circulation; and

         9. safety for all modes; and

      3. Public services for water supply, police and fire protection are capable of serving the proposed use, and proposed sanitary waste disposal and stormwater disposal systems are acceptable to the engineering services department.

9. Master Campus Plan.
   These approval criteria apply to hospitals, colleges and universities, religious institutions and government complexes that develop in a campus setting. The purpose of master campus plan is to recognize the long-range development plans of those institutions and allow for a single integrated review of a campus development plan while allowing for a comprehensive review of facilities serving the site and impacts on neighboring residential areas. Through the master campus plan, these entities prepare master plans for their entire campus to facilitate orderly growth of the institution and assure its compatibility with the surrounding neighborhood.

   1. Eligibility.
      All property owned or controlled by a major institution, including all property owned or controlled by the major institution within one-half mile of the primary site. Adjoining property owners may also agree to be included in the master campus plan if the use of their property is functionally related to the institution.

   2. Submittal Requirements.
      In addition to the submittal requirements for a Type III application, a master plan of the proposed campus is required to be submitted. The master plan is a long range development plan that would show the long range intent for building locations, uses, circulation, parking, landscape detail, lighting and treatment of the perimeter of the campus area.

   3. Approval Criteria.

      1. Physical Compatibility.

         1. The proposal will be compatible with adjacent residential developments based on characteristics such as the site size, building scale and style, setbacks and landscaping; or

         2. The proposal will mitigate differences in appearance or scale through such means as setbacks, screening, landscaping and other design features.

      2. Livability.
         The proposal will not have significant adverse impacts on the livability of nearby residential zoned lands due to:

         1. noise, glare from lights, late-night operations, odors and litter; and

         2. privacy and safety issues.

   4. Development Permits.
      After a master campus plan is approved, the institution may then make such improvements as are consistent with the master plan, with only normal development permits being required.

   5. Master Plan Amendment.
      It is expected that the master campus plan will undergo modification. Such modifications may involve the expansion or relocation of the campus boundary, alteration/addition of uses or other changes. Master plan amendments shall be reviewed as a Type III permit application, subject to the same procedural requirements or as prescribed in subsection (I)(6) of this section.

   6. Master Campus Plan Minor Adjustments.
      In the issuance of building permits for construction within an approved major campus plan, minor adjustments to the plan may be made consistent with the provisions of SMC 17G.061.150.

10. Office.
    These approval criteria apply to offices allowed as a conditional use permit in the RMF and RHD zones.

    1. Uses in the Office land use category of SMC 17C.190.250 may be allowed by a Type III conditional use permit approval in the RMF and RHD zone subject to the following criteria:

       1. The property must have frontage on a principal arterial.

       2. The subject property is adjacent to or immediately across the street from an existing commercial zone.

       3. Uses permitted in the Office land use category may not be developed to a depth greater than two hundred fifty feet.

       4. Ingress and/or egress onto a local access street are not permitted unless the City traffic engineer determines that there is no alternative due to traffic volumes, site visibility and traffic safety.

       5. All structures shall have size, scale, and bulk similar to residential uses as provided in SMC 17C.111.500, Institutional Design Standards.

       6. The development standards of the underlying zone shall apply to the use.

       7. Drive-thru facilities are prohibited, except as allowed by the hearing examiner.

Date Passed: Monday, November 2, 2015

Effective Date: Monday, November 2, 2015

ORD C35312 Section 5