Chapter 21.72
INTERIM USES*
Sections:
21.72.100 Scope.
21.72.200 Purpose.
21.72.300 Who may apply.
21.72.350 Submittal requirements.
21.72.400 Allowable uses.
21.72.450 Other regulations.
21.72.500 Applicable procedure.
21.72.600 Action and decision criteria.
21.72.625 Amendment.
21.72.650 Expiration of approval.
21.72.700 Limitations.
21.72.800 Application fees.
21.72.900 Expiration of chapter.
* Code reviser’s note: Ord. 2318 expires July 26, 2003.
21.72.100 Scope.
This chapter allows interim uses of property in the southern portion of the subregional center (interim use area) as a first step toward redevelopment of those properties. As part of establishing an interim use under this chapter, a property owner agrees to redevelop the property in accord with plans and regulations the city will adopt and will not make improvements to the property prior to redevelopment. (Ord. 2441 § 20, 2003; Ord. 2318 § 2, 2000)
21.72.200 Purpose.
This chapter provides the opportunity for property owners to establish interim land uses or businesses that are not otherwise permitted in the applicable zoning district at properties that they have acquired or are holding for future redevelopment. Acquiring and holding properties for redevelopment requires a substantial investment of capital, and receiving income from renting the acquired property will substantially improve the feasibility of acquiring and holding properties. (Ord. 2318 § 3, 2000)
21.72.300 Who may apply.
The owner of any property within the interim use area shown on Map 21.72.1 may apply for an interim use of that property. (Ord. 2318 § 4, 2000)
21.72.350 Submittal requirements.
An application for approval of an interim use shall be accompanied by the following plans and information:
A. A site plan of the property, drawn to scale, showing natural features, grades, utility improvements, rights-of-way and improvements, other site improvements, and buildings and structures. This site plan shall also show structures, other improvements and natural features that are located within 50 feet of the project site. This information may be shown on several sheets if needed for readability;
B. A landscape plan, showing existing landscaping and fencing;
C. A vicinity map, showing the location of the site in relation to nearby streets and properties;
D. A summary table of project statistics, including site area, building coverage, coverage by impervious surface, required and proposed parking, and similar data, as required, to evaluate conformance of the proposed project with city regulations;
E. A written description of the proposed operation of the interim use, including hours of operation, number of employees, and any proposed storage or use of hazardous materials;
F. A written statement addressing the decision criteria;
G. A legal description of the property, including parcel number;
H. A statement to the effect that the applicant or applicants are the sole owners of the property;
I. Photographs of the site;
J. A completed SEPA checklist (for environmental review), unless the project is categorically exempt from SEPA review;
K. A list of other permits that are or may be required for development of the property (issued by the city or by other government agencies), insofar as they are known to the applicant;
L. A list of other city permits that may be processed concurrently with this permit (if any), pursuant to LMC 1.35.080. (Ord. 2441 § 20, 2003; Ord. 2318 § 5, 2000)
21.72.400 Allowable uses.
Those land uses allowable (either as-of-right or as a conditional use) in the General Commercial (CG) zone are allowable under this chapter, except that the following uses are prohibited:
A. Those light industrial uses listed in Table 21.46.12.
B. Adult establishments and adult retail uses.
C. Auto wrecking yards. (Ord. 2441 § 20, 2003; Ord. 2318 § 6, 2000)
21.72.450 Other regulations.
All the regulations applicable in the General Commercial (CG) zone shall apply to interim uses approved under this chapter, except as modified by this chapter. (Ord. 2441 § 20, 2003; Ord. 2318 § 7, 2000)
21.72.500 Applicable procedure.
The city will process applications for an interim use, pursuant to this chapter, through Process III, LMC 1.35.300 et seq. The community development director is the applicable department head. (Ord. 2441 § 20, 2003; Ord. 2318 § 8, 2000)
21.72.600 Action and decision criteria.
The community development director may approve an application for a downtown interim use if the director finds that:
A. The proposal meets the requirements of this chapter;
B. The proposal will promote city policies regarding redevelopment of the subregional center; and
C. The use will not have an adverse impact on surrounding properties.
As part of an approval of an interim use and the agreement required by LMC 21.72.700, the director may require installation of landscaping in order to provide a visual buffer or screen between the interim use and adjoining streets, properties, structures or private roads and also may impose such other conditions as the director finds are necessary to insure that the interim use complies with the requirements and purpose of this chapter. (Ord. 2441 § 20, 2003; Ord. 2318 § 9, 2000)
21.72.625 Amendment.
The owner of a property where an approved interim use is located may apply for an amendment to that approval. Such request for an amendment shall be processed in the same manner as the original application. Approval or denial of a request for an amendment shall not extend or otherwise change the date of expiration of the original approval. (Ord. 2318 § 10, 2000)
21.72.650 Expiration of approval.
Approval of an interim use under this chapter shall expire three years from the effective date of the approval, except that the director may grant no more than two one-year extensions of the approval. A request for an extension shall be submitted to the community development department in writing. The director may approve such a request if the director finds that the property owner(s) have made a good faith effort towards redeveloping the property. A decision by the director to extend an approved interim use may be appealed according to Process II. The interim use shall cease operations and vacate a property no later than the expiration of the original approval or any extension(s) granted by the director, whichever is later. (Ord. 2441 § 20, 2003; Ord. 2318 § 11, 2000)
21.72.700 Limitations.
An interim use approved under this chapter shall be subject to the following regulations:
A. Prior to approval of an interim use, the owner of the property where an interim use is to be established shall enter into an agreement with the city regarding the interim use. This agreement shall include, at a minimum, the following provisions:
1. Only the interim use described in the application shall be permitted at the property. The director may approve a request to amend the approved interim use; provided, that the characteristics of the revised use shall be similar to those of the original use.
2. The property owner shall demonstrate commitment to redevelopment of the property within a specified period of time, pursuant to any city-adopted sub-area plan for the subregional center and any implementing development regulations adopted by the city. The agreement shall contain provisions acceptable to the city demonstrating the applicant’s commitment to redevelopment.
3. The agreement is binding on all successors in interest.
4. If legal action is needed to enforce the agreement or this chapter, the prevailing party shall be entitled to reasonable attorneys’ fees.
5. Landscaping and other provisions pursuant to LMC 21.72.600.
B. The property owner shall post a $25,000 cash deposit to guarantee that the interim use will be vacated from the property when the approval granted under this chapter expires.
The city may use this deposit to cover the cost of any legal action needed to enforce an agreement as provided in subsection (A) of this section or any other financial obligations related to the approval. In the event the property is not redeveloped as provided for in the agreement, the deposit may, at the election of the city, be forfeited to the city as liquidated damages. The city shall retain this deposit until the director of community development confirms that the interim use has vacated the property and that all financial obligations have been resolved. Interest accruing on this deposit shall be retained with the deposit and shall be used by the city in the same manner as the deposit or refunded along with the deposit.
C. The property owner shall agree that any improvements or repairs (other than as needed to comply with conditions imposed under LMC 21.72.600) shall be allowed only as allowed for a nonconforming use (see Chapter 21.12 LMC) and subject to director determination (appealable under Process II) that:
1. The improvement or repairs are not inconsistent with the city’s City Center Subarea Plan and development regulations (adopted or pending); and
2. The improvements or repairs would not substantially interfere with future redevelopment of property that is consistent with pending City Center Subarea Plan and development regulations. (Ord. 2441 § 20, 2003; Ord. 2318 § 12, 2000)
21.72.800 Application fees.
The application fee for an interim City Center use is as set forth in Resolution 2005-20 adopted by the city council. (Ord. 2441 § 20, 2003; Ord. 2318 § 13, 2000)
21.72.900 Expiration of chapter.
This chapter shall expire, and shall be repealed, on July 1, 2005. Following that date, the community development director shall not issue any new approvals for interim uses under this chapter. Approvals that have been granted prior to the expiration of this chapter shall continue in effect until they expire, as provided above; provided, that the director may approve requests for a single one-year extension of such approvals. (Ord. 2459 § 1, 2003; Ord. 2441 § 20, 2003; Ord. 2318 § 16, 2000)
Map 21.72.1
Interim Use Area