Part 20.30E Administrative Conditional Use Permit

20.30E.110 Scope.

This Part 20.30E establishes the procedure and criteria that the City will use in making a decision upon an application for an Administrative Conditional Use Permit.

20.30E.115 Applicability.

This part applies to each application for an Administrative Conditional Use Permit.

20.30E.120 Purpose.

An Administrative Conditional Use Permit is a mechanism by which the City may require special conditions on development or on the use of land in order to ensure that designated uses or activities are compatible with other uses in the same land use district and in the vicinity of the subject property.

20.30E.140 Decision criteria.

The Director of Planning and Community Development may approve or approve with modifications an application for an Administrative Conditional Use Permit if:

A.    The administrative conditional use is consistent with the Comprehensive Plan; and

B.    The design is compatible with and responds to the existing or intended character, appearance, quality of development and physical characteristics of the subject property and immediate vicinity; and

C.    The administrative conditional use will be served by adequate public facilities including streets, fire protection, and utilities; and

D.    The administrative conditional use will not be materially detrimental to uses or property in the immediate vicinity of the subject property; and

E.    The administrative conditional use complies with the applicable requirements of this Code. (Ord. 4972, 3-3-97, § 88; Ord. 4816, 12-4-95, § 187)

20.30E.160 Merger with Binding Site Plan.

A.    General.

The applicant may request that the site plan approved with the Administrative Conditional Use Permit constitute a Binding Site Plan pursuant to Chapter 58.17 RCW.

B.    Survey and Recording Required.

If a site plan is approved as a Binding Site Plan, the applicant shall provide a recorded survey depicting all lot lines and shall record the approved site plan and survey with the King County Department of Records and Elections. No document shall be presented for recording without the signature of each owner of the subject property.

C.    Effect of Binding Site Plan.

Upon the approval and recording of a Binding Site Plan the applicant may develop the subject property in conformance with the approved and recorded Binding Site Plan and without regard to lot lines internal to the subject property. Any sale or lease of lots or parcels within the subject property shall be subject to the approved and recorded Binding Site Plan and the requirements of state law. (Ord. 3848, 11-16-87, § 4)

20.30E.165 Periodic review.

The City may impose periodic review requirements as a condition of permit approval. (Ord. 4066, 10-23-89, § 5)

20.30E.170 Modification/revocation.

A.    Modification.

The City may initiate a modification to an approved Administrative Conditional Use Permit. A modification will be processed through Process II, LUC 20.35.200 et seq. Through the modification procedure, the Director of Planning and Community Development may delete, modify or impose additional conditions upon finding that the use for which such approval was granted has been intensified, changed or modified by the property owner or by person(s) who control the property without approval so as to significantly impact surrounding land uses.

B.    Revocation.

The Hearing Examiner may revoke an approved permit through Process I, LUC 20.35.100 et seq., only upon finding that:

1.    The use for which the approval was granted has been abandoned for a period of at least one year; or

2.    Approval of the permit was obtained by misrepresentation of material fact; or

3.    The permit is being exercised contrary to the terms of such approval. (Ord. 4972, 3-3-97, § 92; Ord. 4816, 12-4-95, § 191; Ord. 4654, 6-6-94, § 56; Ord. 4066, 10-23-89, § 6)

20.30E.175 Modification or addition to an approved project or decision.

A.    There are two ways in which to modify or add to an approved administrative conditional use. They include process as a new decision using Process II, or process as a Land Use Exemption.

B.    General.

Except as provided in subsection C of this section, an amendment of a previously approved project or decision is treated as a new application.

C.    Land Use Exemption from Administrative Conditional Use Permits.

The Director of Planning and Community Development may determine that an addition or modification to a previously approved project or decision is exempt from an Administrative Conditional Use Permit, provided the following criteria can be met:

1.    The proposal does not result in any significant adverse impact beyond the site; and

2.    The proposal is within the general scope of the purpose and intent of the original approval; and

3.    The proposal complies with all applicable Land Use Code requirements and all applicable development standards, and is compatible with all applicable design criteria; and

4.    The proposal does not add square footage that is more than 20 percent of existing gross square footage; and

5.    If an addition or expansion has been approved within the preceding 24-month period, the combined additions will not add square footage that exceeds 20 percent of existing gross square footage. (Ord. 5481, 10-20-03, § 8; Ord. 4972, 3-3-97, § 93; Ord. 4816, 12-4-95, § 192)