It is the purpose of this chapter to establish procedures for the regulation of uses possessing characteristics of such unusual, large-scale, unique and special form as to make impractical their being included automatically in any class of use as set forth in the various zones previously defined. The authority for the location and operation thereof shall be subject to the recommendation of the planning commission and approval by the city council.
(Ord. 744 § 2, 1995)
The following uses may locate subject to the issuance of an unclassified use permit processed as provided in this chapter:
A. 
Airports, landing fields and heliports;
B. 
Animal slaughtering, incidental rendering and processing of byproducts;
C. 
Automotive wrecking yards;
D. 
Cement manufacturing;
E. 
Colleges and universities;
F. 
Correctional institutions;
G. 
Gun clubs, skeet shoots, and target ranges;
H. 
Hydroelectric and private utility power generating plants, except when located within the UP utility/park district;
I. 
Kennels;
J. 
Landfill, transfer stations and public or private incinerators;
K. 
Military centers;
L. 
Regional transit stations;
M. 
All facilities constituting "essential public facilities" as defined in RCW 36.70A.200.
(Ord. 744 § 2, 1995)
A. 
The requirements for front, rear, and side yards and open spaces and landscaping applicable to the underlying zone classification in which any such use is proposed to be located shall prevail, unless, in the findings and conditions recited in the action by the city, specific additions are made with respect thereto.
B. 
The provisions applying to height and minimum lot area and width applicable to the underlying zone classification in which any such use is proposed to be located shall prevail, unless, in the findings and conditions recited in the action by the city, specific additions are made with respect thereto.
(Ord. 744 § 2, 1995)
Application for unclassified use permit shall be made to the planning department on forms prescribed by that office. In order for the application to be considered complete the following documents and affidavits must be submitted:
A. 
Completed application form with environmental data;
B. 
Affidavit of ownership or interest in property;
C. 
Scaled site and building elevation plans;
D. 
Vicinity map;
E. 
Complete list of all property owners within 500 feet of the subject site;
F. 
Any other graphic materials required to adequately describe the proposal;
G. 
Filing fee.
(Ord. 744 § 2, 1995; Ord. 1131 § 5, 2014)
Upon completion of environmental review of the proposed project, the planning department shall schedule a public hearing before the planning commission to consider the unclassified use permit. Public notice for such hearing shall be made in accordance with Chapter 17.85 SMC. The recommendation of the planning commission shall be forwarded to the city council for its consideration. The city council shall consider the planning commission's recommendation at a regular council meeting. If approved, the unclassified use permit shall be made in resolution form and shall specifically delineate what is approved and any conditions thereof.
(Ord. 744 § 2, 1995; Ord. 1234 § 5, 2020)
The planning commission and city council shall be guided by the following criteria in granting an unclassified use permit:
A. 
The proposed use will not be materially detrimental to the public welfare or injurious to the property or improvements in the vicinity.
B. 
The proposed use shall meet or exceed the same standards for parking, landscaping, yards, and other development regulations that are required in the district it will occupy.
C. 
The proposed development shall be compatible generally with the surrounding land uses.
D. 
The proposed use shall be in keeping with the goals, objectives, and policies of the comprehensive plan.
E. 
All measures shall be taken to minimize the possible adverse impacts which the proposed use may have on the area in which it is located.
(Ord. 744 § 2, 1995)
Whenever an unclassified use permit has been granted, it shall be considered expired unless a building permit conforming to plans upon which the permit was granted is obtained within one year of the date of the issuance of the UUP. Substantial construction shall be completed within two years from the date the permit becomes effective unless a renewal is granted or unless the UUP specifically provides for a period greater than two years. The city council, upon recommendation of the planning commission, may renew a UUP for a maximum period of one additional year. No more than one renewal shall be issued for any UUP. A renewal may be granted only if there have been no pertinent changes in conditions surrounding the property since the term of original approval. The fee for a renewal shall be the same as for the original permit. No hearing is required for renewal of the unclassified use permit.
(Ord. 744 § 2, 1995)
A. 
The city council after a recommendation from the planning commission may revoke or modify any unclassified use permit. Such revocation or modification shall contain an effective date and be made on any one or more of the following grounds:
1. 
That the approval was obtained by fraud;
2. 
That the use for which such approval was granted has at any time ceased for one year or more;
3. 
That the use for which such approval was granted has been abandoned;
4. 
That the permit granted is exercised contrary to the terms or conditions of such approval or in violation of any statute, resolution, code, law, or regulation;
5. 
That the use for which the approval was granted is so exercised as to be detrimental to the public health or safety.
B. 
Individuals who are aggrieved may petition the city council to initiate revocation proceedings
C. 
Before an unclassified use permit may be revoked or modified, a public hearing shall be held. Procedures concerning notice, reporting, and appeals shall be the same as required by this title for the initial consideration of an unclassified use permit application.
(Ord. 744 § 2, 1995)
A performance bond shall be required by the city council for any elements of the proposed project which the council determines are crucial to the protection of the public welfare. Such bond shall be in an amount equal to 100 percent of the cost of the installation or construction of the applicable improvements.
(Ord. 744 § 2, 1995)
The action of the city council to either approve or disapprove an application for unclassified use permit is final, subject to review by a court of competent jurisdiction.
(Ord. 744 § 2, 1995)
An application which has been disapproved by the council cannot be resubmitted to the planning commission within six months of the date of council disapproval.
(Ord. 744 § 2, 1995)