Waterville, WA Zoning Ordinance

An administrative permit (AP) is a means of allowing certain uses that require some review in order to ensure that the uses are consistent and compatible with other existing and permitted uses within the zone and do not create undue demands on public facilities, and to prevent and abate public nuisances.

Intent. It is the intent of this section to detail the procedures required and the responsibilities of the administrator, and the town council upon appeal, in the processing, consideration, and issuance of administrative permits whenever such permits are applied for pursuant to provisions of this title. Only those uses listed as requiring an administrative permit, within a particular zone, qualify for this process, except as otherwise provided in Chapter 17.40 WMC. The administrator may determine that other similar uses, which are not listed, may qualify for this process. This process is not to replace the variance procedure or to permit uses that are prohibited within the zone.

Authority. The administrator shall have the authority, subject to provisions of this section (and specifically subsection D of this section), to grant, upon such conditions as may be determined necessary in order to realize the intent of this title, an administrative permit for a use found to be in harmony with the scope and purpose of this title, the intent of the zoning district in which the use is to be located, and the goals, objectives, and policies of the town of Waterville comprehensive plan and in accordance with subsection D of this section.

Process.

Applications for administrative permits shall be filed with the administrator on forms provided by the administrator with all information as required in said form, including a completed impact assessment checklist or a completed SEPA environmental checklist, where required, and with payment of all applicable fees. The administrator shall determine if the application is complete, and if not complete shall return the same to the applicant with additional required information noted.

The administrator shall review all administrative permit requests. Upon receipt of a complete application the administrator shall within 15 business days complete an impact assessment (see Chapter 17.62 WMC) and issue an initial determination to grant or deny the permit. Each determination to grant or deny an administrative permit shall be supported by written findings of fact showing specifically wherein all of the following conditions exist:

That the use for which the administrative permit is requested is specified by this title as being administratively permitted within the zoning district in which the property is located, or that said use is not listed in the district use chart in Chapter 17.40 WMC and is similar to a use that is specified by this title as being administratively permitted within the zoning district in which the property is located;

That the use for which the administrative permit is requested is consistent with the description and purpose of the zoning district in which the property is located;

That said use complies with all requirements of this title, including the specific performance standards in Chapter 19.02 WMC;

That the site for which the use is proposed is of sufficient size to accommodate the proposed use and that all yards, open spaces, walls and fences, parking, loading, landscaping and other such features as are required by this title, or as are needed in the opinion of the administrator to ensure that the proposed use will be compatible and harmonious with adjacent and nearby uses, will be properly provided.

The administrator's initial determination, along with any permit conditions, shall be forwarded to the applicant and to all adjacent property owners and any relevant resource agencies and posted upon the subject property.

Any affected party may appeal the administrator's initial determination to the town council pursuant to Chapter 14.10 WMC. If no appeal of the initial determination of impending administrative permit issuance is filed within five regular town business days from issuance of the administrator's initial determination, the administrator shall render a final decision on the permit in accord with the initial determination within five regular town business days.

Conditions of Approval. In order to mitigate anticipated impacts of a proposed use or support a finding of fact or prevent and abate public nuisances associated with any project for which an administrative permit is requested, the administrator shall have the authority to require compliance with conditions and safeguards deemed necessary to mitigate the anticipated impacts of a proposed use, based on the findings of fact (per subsection (C)(2) of this section). Such conditions may be imposed that could increase requirements in the standards, criteria, or regulations of this title or other town legislation or adopted policies. Project proponents may submit plans for proposed alternative means of mitigation impacts for review by the town. No administrative permit shall require, as a condition, the dedication of land for any purpose not reasonably related to the use of property for which the administrative permit is requested, nor posting of a bond to guarantee installation of public improvements not reasonably related to the use of property for which the administrative permit is requested.

Overnight Accommodations and Overnight Rentals. The following conditions must be met prior to approval of an administrative permit for overnight accommodations and overnight rentals. Compliance with said conditions is required on an annual basis. Noncompliance may result in revocation of permit.

Town business license.

Transient accommodation permit.

County health district permits as appropriate for food service, if any.

Parking will be as required in underlying zone.

Inspection by building official for public health and safety compliance.

Twenty-four-hour contact information for owner/manager.

Group B Home Occupations. Group B home occupations may be allowed as provided for in Chapter 17.40 WMC, District Use Chart, with the following minimum provisions:

The use of the property for a home occupation shall be clearly incidental and subordinate to its use for residential purposes; and

Any member of the household and only one nonresident person may be employed in the business; and

One nonilluminated sign bearing the name and home occupation of the resident is permitted; provided, that the sign is not more than four square feet in area and is attached flush against the wall of the dwelling; and

Parking facilities for customers and/or the nonresident employee shall be addressed as appropriate during the permit review process; and

No window display and no sample commodities are displayed outside the building; and

Home occupations shall occupy not more than 25 percent of the total floor area of the primary residence, or not more than 500 square feet of an accessory storage building; and

Stock-in-trade stored or for sale shall not exceed 25 percent of the total home occupation area; and

No materials or mechanical equipment shall be used which will be detrimental to the residential use of the residence or adjoining residences because of vibration, noise, dust, smoke, odor, interference with radio or television reception or other factors.

Bed and Breakfast Facilities. Bed and breakfast facilities may be allowed as provided for in Chapter 17.40 WMC, District Use Chart, with the following minimum provisions:

The bed and breakfast facility shall be the principal residence of the owner;

A bed and breakfast facility shall be compatible with the residential character of the neighborhood and the owners shall provide screening with shrubs, fencing and other suitable materials to minimize the impact upon the residential character of the neighborhood;

The applicant for a conditional use permit for a bed and breakfast guest house shall at the time of filing the application provide evidence to the hearing examiner of compliance with all health, building and fire regulations;

Off-street parking as required in Chapter 17.44 WMC shall be behind the front yard setback line and shall be screened so as to minimize the visual and audio impact upon the residential character of the neighborhood;

One nonilluminated sign bearing the name of the bed and breakfast facility is permitted; provided, that the sign is not more than four square feet in area and is attached flush against the wall of the dwelling;

Guests shall limit their length of stay to not more than 14 consecutive days;

All applications for bed and breakfast guest house conditional use permits shall be accompanied with a floor plan and lot plan setting forth bathrooms and bedrooms to be used for bed and breakfast guest house facilities, their size, location and the lot plan showing the location of off-street parking, its size and any additions to premises and screening;

Meals shall only be served to paying guests, not the general public.

Pet Grooming. Pet grooming occupations may be allowed as provided for in Chapter 17.40 WMC, District Use Chart, by conditional use permit with the following minimum provisions:

Domesticated animals are animals that are kept by humans as pets.

Only domesticated dogs and cats will be groomed in the facility.

All grooming shall take place within the residential structure or accessory structure.

No more than four animals shall be on site at any one time.

All business-related materials shall be stored within the primary or accessory structure at the place of business.

All pets must be secured in kennels, cages, leashes or in a manner that will protect and maintain a safe residential atmosphere.

Day Care Centers. Day care centers may be allowed as provided for in Chapter 17.40 WMC, District Use Chart, with the following minimum provisions:

Strict compliance with all regulations and restrictions of the licensing requirements for day care centers administered by the state of Washington;

Sixty-foot frontage on a public street;

Nine hundred sixty square feet of outdoor play space plus an additional 80 square feet of outdoor play space per child over 12 children, exclusive of garage;

All play areas shall be fenced and screened in a manner approved by the hearing examiner so as to minimize noise and visual interference with the adjoining neighborhood;

Thirty-five square feet per student of room space for use by students;

Prior to final approval of the administrative permit the applicant must submit a certificate of compliance with all applicable code requirements from the building inspector of the city and the fire chief of the city;

An on-site vehicle turnaround or separate entrance and exit points and passenger loading area must be provided. The city shall specifically consider the location and appearance of the proposed turnaround or access in determining the compatibility with the surrounding uses. The hearing examiner shall consider the traffic safety of the location for pickup and delivery of children.

Accessory Dwellings. Accessory dwellings may be allowed as provided for in Chapter 17.40 WMC, District Use Chart, with the following minimum provisions:

Accessory dwelling is considered a separate residence and requires separate utility connections unless approved in writing by the public works director;

Accessory dwellings in the C-B zone are limited to 50 percent of the noncommercial frontage on the first floor and unlimited on the second floor or above;

Accessory dwellings in all other zones are limited to 25 percent of the area of the primary dwelling or 1,200 square feet, whichever is greater.

Prior to final approval of the administrative permit the applicant must submit a certificate of compliance with all applicable residential and fire code requirements from the building inspector of the city and the fire chief of the city.

Time Limitations. Any administrative permit granted by the administrator, or by the town council on appeal, shall be null and void if not exercised within the time specified in such permit or, if no time is specified, within two years of the date of approval of such permit. An administrative permit shall be deemed exercised and remain in full force and effect when a building permit has been issued and substantial construction accomplished, or when substantial investment has been made to establish the use for which the administrative permit has been granted in reliance upon said administrative permit, with the exception of renewable administrative permits granted to mobile vendors and temporary markets. If such permit is abandoned or is discontinued for a continuous period of two years, it may not thereafter be reestablished unless authorized in accordance with the procedure prescribed herein for the establishment of an administratively permitted use.

Renewable Administrative Permits. Renewable administrative permits granted to mobile vendors and temporary markets shall be valid for a period of one year from the date of approval, and shall be renewable annually as long as the permit holder is in compliance with all conditions of the permit.

Extension of Time. Upon written request by a property owner or his/her authorized representative prior to the date of administrative permit expiration, the administrator may grant an extension of time up to but not exceeding one year. Such extension of time shall be based upon a finding that there has been no material change of circumstances applicable to the property since the granting of said permit that would be injurious to the neighborhood or otherwise detrimental to the public health, safety and general welfare.

Additions and Modifications to Sites and Structures.

Minor Additions or Modifications.

Minor adjustments are those that may affect the precise dimensions or siting of buildings, but that do not affect the basic character or arrangement of buildings approved, nor the development coverage of the development or the open space requirements. Such dimensional adjustments shall not vary more than 10 percent from the original. Minor adjustments to sites and structures permitted under existing valid administrative permits may be administratively approved by the administrator, subject to the following findings:

The proposed addition or modification is determined to be in substantial conformity with any and all previous valid administrative permits for existing uses on the site.

ii.

The proposed addition or modification directly relates to a use or structure established under a previous valid administrative permit.

iii.

No more than one administrative approval for any such minor addition or modification shall be granted on a single property within any two-year period.

iv.

The proposed addition or modification shall still be subject to all other applicable town ordinances and development standards, including setback, screening, or buffering requirements.

The proposed addition or modification will be served by existing streets, driveways and utilities, and will not require relocation of any existing structures or other site modifications.

Upon approval of any such minor addition or modification, notice shall be provided to all parties of record with the opportunity to comment on the administrator's decision within 10 business days. If a written objection is filed within 10 business days, the administrator shall reconsider the determination in light of the objection(s) raised and render a final decision. Any party aggrieved by the administrator's final decision may file an appeal of that decision to the town council pursuant to Chapter 14.10 WMC.

Major Adjustments. Major adjustments are those that, when determined by the administrator, substantially change the basic design, coverage, open space or other requirements of the permit. When the administrator determines that a change constitutes a major adjustment, no building or other permit shall be issued without prior review and approval by the town council of such adjustment.

Cancellation of an Administrative Permit. A valid administrative permit granted by the administrator, or the town council upon appeal, may be canceled at any time. Cancellation must be initiated by the owner of the property covered by an administrative permit by means of a written request to the administrator. Said permit shall then become null and void within 30 days thereafter.

Revocation of Permit. The administrator may revoke, suspend, or add additional conditions to any administrative permit granted under the provisions of this section on any one or more of the following grounds:

That the approval was obtained by fraud;

That any material fact was concealed or misrepresented on the administrative permit application or on any subsequent applications or reports;

That the use for which such approval is granted is not being exercised;

That the use for which such approval is granted has ceased to exist or has been suspended for one year or more;

That the administrative permit granted is being, or recently has been, exercised contrary to the terms or conditions of such approval, or in violation of any statute, ordinance, law or regulation;

That the use for which the approval was granted is being so exercised as to be detrimental to the public health, safety or general welfare, or so as to constitute a nuisance.

Posting of Performance Bonds. Notwithstanding the provisions of subsection D of this section, whenever an administrative permit is granted upon any condition or limitation requiring development of a right-of-way, installation of utilities, or other public improvements, the person seeking the administrative permit may be required to furnish security in the form of money or a surety bond in an amount fixed by the administrator, or the town council on appeal, to ensure compliance with the conditions and limitations related to public improvements upon which said permit is granted. Every such bond shall be a performance bond and shall be in a form approved by the town attorney, shall be payable to the town, and shall be conditioned upon compliance with the conditions and limitations upon which said permit is granted.

(Ord. 779 § 1(E) (Att. C), 2017; Ord. 815 § 3 (Exh. A), 2020; Ord. 848 § 3 (Exh. A), 2023)

Waterville City Zoning Code

CHAPTER 17

§ 17.50.010 Administrative permits.