Chapter 20.05
CONDITIONAL USE PERMITS
Sections:
20.05.000 Scope.
20.05.010 Criteria and findings.
20.05.020 General requirements.
20.05.000 Scope.
A conditional use permit may be approved in cases where it is authorized by state law and/or city ordinances including the zoning ordinance (ECDC Titles 16 and 17) and when the findings required by this chapter can be made.
20.05.010 Criteria and findings.
No conditional use permit may be approved unless all of the findings in this section can be made.
A. That the proposed use is consistent with the comprehensive plan.
B. Zoning Ordinance. That the proposed use, and its location, is consistent with the purposes of the zoning ordinance and the purposes of the zone district in which the use is to be located, and that the proposed use will meet all applicable requirements of the zoning ordinance.
C. Not Detrimental. That the use, as approved or conditionally approved, will not be significantly detrimental to the public health, safety and welfare, and to nearby private property or improvements unless the use is a public necessity.
D. Transferability. The hearing examiner shall determine whether the conditional use permit shall run with the land or shall be personal. If it runs with the land and the hearing examiner finds it in the public interest, the hearing examiner may require that it be recorded in the form of a covenant with the Snohomish County auditor. The hearing examiner may also determine whether the conditional use permit may or may not be used by a subsequent user of the same property.
20.05.020 General requirements.
A. Review. The hearing examiner shall review conditional use permits as provided in ECDC 20.100.010.
B. Appeals. Any person may appeal a hearing examiner decision to the city council as provided in ECDC 20.105.040.
C. Time Limit. Unless the owner obtains a building permit, or if no building permit is required, substantially commences the use allowed within one year from the date of approval, the conditional use permit shall expire and be null and void, unless the owner files an application for an extension of the time before the expiration date.
D. Review of Extension Application. An application for any extension of time shall be reviewed by the community development director as provided in ECDC 20.95.050 (Staff Decision – Optional Hearing).
E. Location. A conditional use permit applies only to the property for which it has been approved and may not be transferred to any other property.
F. Denial. A conditional use permit application may be denied if the proposal cannot be conditioned so that the required findings can be made. [Ord. 2270 § 1, 1982].