Chapter 17.33
Conditional Use Permits

17.33.010 Generally

17.33.030 Filing of Applications

17.33.050 Setting for Hearing

17.33.060 Notice of Hearing

17.33.080 Standards and Criteria

17.33.085 Relation of CUP to Other Discretionary Approvals

17.33.090 Potential Conditions

17.33.100 Action of Board of Adjustment

17.33.110 Notice of Permit Decision

17.33.120 Appeal of Decision

      1. Records

17.33.135 Accessory Use/Conditional Use Permit - Hardship

17.33.140 Kennels

17.33.010 Generally - The Board of Adjustment shall hear and decide all applications for Conditional Use Permits. The purpose of the conditional use permit is to allow the proper integration into the community of uses which may be suitable only on certain conditions in specific locations in a zoning district, or if the site is regulated in a particular manner. The following standards, criteria and procedures apply to any Conditional Use Permit authorized by this code.

17.33.030 Filing of Applications - Applications for Conditional Use permits together with the specified fee from the current fee schedule shall be filed with the Administrator for the Board of Adjustment on forms available from the Office of Planning & Development. The Administrator shall circulate copies of the application to the Board of Adjustment members and appropriate referral agencies. County departments shall respond to the referral within thirty (30) days. Should any agency outside the County fail to respond to the referral within the 30 day period, it shall be assumed that such agency has no comment.

17.33.050 Setting for Hearing - The Administrator shall schedule a public hearing with the Board of Adjustment to be held within sixty (60) days of the receipt of a complete application.

17.33.060 Notice of Hearing - When a fully completed conditional use permit application has been accepted by the Administrator, the Administrator or designee shall establish the date and time for a public hearing on the permit before the Board of Adjustment, which shall not be more than sixty (60) days from the date of a complete or vested application, except when additional time is required for compliance with the State Environmental Policy Act (Chapter 43.12C RCW).

Notice of the public hearing, stating the time, place and purpose for which the hearing is to be held, shall be published not less than ten (10) days prior to the hearing, in the official gazette and in a newspaper of general circulation in the area where the real property which is proposed to be developed.

Notice of the hearing shall be mailed by the Okanogan County Office of Planning & Development, at least fourteen (14) days prior to the date of the hearing, to the owners of all properties within three hundred (300) feet of the exterior boundaries of the proposed conditional use permit, as such owners appear on the records of the County Assessor. If the owners of the real property which is proposed to be developed owns another parcel or parcels of real property which lie adjacent to the real property proposed to be developed, notice shall be given to owners of real property located within three hundred (300) feet of any portion of the boundaries of such adjacently located parcels of real property proposed to be developed in accordance with Section 58.17.090 RCW.

The applicant is responsible for posting conspicuous notice of the hearing readily visible from nearby roads at least three (3) locations on and in the vicinity of the proposed conditional use permit and at the nearest Post Office at least ten (10) days prior to the public hearing. The applicant shall submit an affidavit of the posting to Okanogan County Office of Planning & Development prior to the public hearing. Affidavit forms are available from the Okanogan County Office of Planning & Development and the completed affidavit shall become part of the record.

In accordance with Section 58.17.080 RCW, as it now exists or is hereafter amended, notice of the filing of a conditional use permit of a development adjacent to or within one mile of the municipal boundaries of a city or town, or which contemplates the use of any city or town utilities shall be given to the appropriate city or town authorities.

The Office may require such alternative notification procedures as necessary to accomplish reasonable public notification in unusual circumstances.

Notice shall also be given to interested state agencies such as Washington State Department of Fisheries, Wildlife and Ecology. All hearing notices shall include a description of the property to be developed, including the location of the proposed conditional use permit. The description may be in the form of either a vicinity location sketch, a written description, an address or other reasonable means, other than a legal description, but shall include reference to the Section, Township, and Range.

17.33.080 Standards and Criteria - The Board of Adjustment shall consider the following standards and criteria in evaluating the Conditional Use Permit:

A. That the conditions imposed are reasonably calculated to insure the proposed Conditional Use is and will remain compatible with the Comprehensive Plan and Zoning for the subject area; and

B. That such conditions are not unnecessarily onerous; and

C. That the proposed conditions will protect the public health, safety, morals and general welfare; and

D. For Business/Commercial Kennels, see Section 17.33.140.

17.33.085 Relation of CUP to Other Discretionary Approval - In the event that the Board of Adjustment approves a conditional use permit with conditions that are in conflict or inconsistent with the conditions of approval of other discretionary actions by the Planning Commission and/or the Board of County Commissioners, (i.e. including, but not limited to, plats, planned developments, binding site plans), those discretionary approvals shall be remanded and reviewed to determine whether to modify or revoke said discretionary approval.

17.33.090 Potential Conditions - The types of conditions which the Board of Adjustment may impose on a Conditional Use Permit include but are not limited to:

A. Requiring a performance bond or acceptable surety in an amount and with conditions satisfactory to the Board of Adjustment, to assure the performance of conditions imposed or the construction of improvements.

B. Specifying a time limit within which the action, shall be begun or completed or both.

C. Requiring an annual review of the issued permit to assure compliance with any imposed conditions.

D. Increasing the required lot size or yard dimensions.

E. Limiting the height or total lot coverage of buildings and impervious surfaces.

F. Specifying the number and location of vehicular access points to the property.

G. Specifying the street width.

H. Specifying the number of off-street parking or loading spaces.

I. Requiring suitable landscaping.

J. Specifying signing.

K. Specifying the exact locations of activities or structures as means of minimizing hazards to life, limb, property damage, erosion, landslide or traffic.

L. Mitigating nuisance generating features such as noise, colors, air pollution, wastes, vibration, traffic, physical hazards, off-site light glare, etc.

M. Requiring structural features or equipment essential to accomplished the purpose set forth in item 17.33.090 L.

N. Specifying the hours of operation.

O. Insuring against imposing excessive demands upon public facilities and services.

17.33.100 Action of Board of Adjustment - Within thirty-five (35) days following the termination of the public hearing on a Conditional Use Permit, the Board of Adjustment shall approve or deny the application based on the standards and criteria found in subsection 17.30.080 and issue its written order.

17.33.110 Notice of Permit Decision - Within five (5) days of the decision, the order of the Board of Adjustment shall be mailed to the applicant and all persons who are specifically identified as parties of record or who have indicated an interest in being notified of the decision.

17.33.120 Appeal of Decision - An order of the Board of Adjustment granting or denying a conditional use permit shall be final and conclusive unless within ten (10) days from the date of notice of the written decision, the appellant or an adverse party makes application to the Superior Court for a writ of certiorari, a writ of prohibition or a writ of mandamus.

17.33.130 Records - The conditional use permit application, evidence of notice, the electronic verbatim record of proceedings and other material accepted as evidence and the written decision along with Findings of Fact and Conclusions shall become a part of the official records of the Board of Adjustment and shall be retained in the Planning Department offices.

17.33.135 Accessory Use/Conditional Use Permit - Hardship - The Administrator/Zoning Adjuster shall consider accessory use/conditional use permit application pursuant to 17.09.040, and determine whether to approve such applications on the basis of the facts presented. Any accessory use/conditional use permit for additional residential units based on family hardship/emergency shall be strictly limited in duration to the period of hardship/emergency. The Administrator/Zoning Adjuster may require such proof of periodic reporting/documentation as deemed necessary to validate the return of and continuing existence of the hardship/emergency. Upon the expiration of any hardship/emergency conditional use permit, it shall be the applicant's duty to abate/remove such unit within 90 days. If at any time during the duration of an authorized hardship/emergency conditional use permit, the Administrator/Zoning Adjuster determines that the hardship/emergency no longer exists, the conditional use permit shall be summarily revoked and any such use abated or removed in 90 days of the revocation order at the permittee's expense.

Any decision by the Administrator/Zoning Adjuster pursuant to this section may be appealed utilizing the procedures found at 17.34.120 et seq.

17.33.140 Kennels, Business or Commercial - Business/Commercial Kennel applications shall be appropriately conditioned as follows:

A. The structure(s) housing the animals shall be adequately soundproofed to meet WAC 173-60 as determined by the noise levels during a period of normal operation for the number of animals to be kept.

B. That compliance with noise standards for a commercial noise source as identified by WAC 173-60-040 shall be demonstrated by the applicant.

C. The structure (s) and outside runs or areas housing the animals shall be not less than two hundred (200) feet from any dwelling other than the dwelling of the owner, and shall be no less than fifty (50) feet to any property line of the subject site.

D. Any permitted outside runs or areas shall be completely screened from view by sight-obscuring fencing or landscaping or both as determined by the Board of Adjustment to serve as a visual and noise abatement buffer.

E. All animals are to be housed within a structure and no outside boarding of animals is permitted between the hours of 10:00 p.m. and 6:00 a.m.

F. One off-street parking space shall be provided for each ten (10) animals kept on the premises.

G. The permit shall be granted for a period not to exceed one (1) year. At the end of such period an inspection shall be made of the premises to determine (a) compliance with all the conditions of approval; and (b) the advisability of renewing such permit.

H. The applicant shall submit adequate information to aid the Board of Adjustment in determining that the above standards are satisfied prior to the public hearing.

I. Additional conditions or safeguards as deemed necessary may be imposed by the Board of Adjustment for the protection and assurance of the health, safety and welfare of the nearby residences.