Conditional use - Land use permit process

What is a conditional use permit?

A conditional use permit (CUP) allows the county to consider a use of a property that is not routinely allowed, but can potentially be made compatible through the application of project and site-specific conditions. The CUP process also requires public notification and an opportunity for the public to comment on whether the proposal meets the criteria for approval. The conditional use permit process allows for consistent evaluation of land use applications and provides clear criteria on which to base a decision. The burden is on the applicant to provide adequate justification to support the CUP request.

When is a conditional use permit required and how does the County review them?

The CUP is granted only if the applicant demonstrates compliance with the following decision criteria in King County Code (KCC) 21A.44.040:

• The conditional use is designed in a manner which is compatible with the character and appearance of an existing, or proposed development in the vicinity of the subject property.
• The location, size and height of the buildings, structures, walls and fences, and screening vegetation for the conditional use shall not hinder neighborhood circulation or discourage the permitted development or use of neighboring properties.
• The conditional use is designed in a manner that is compatible with the physical characteristics of the subject property.
• Requested modifications to standards are limited to those that will mitigate impacts in a manner equal to or greater than the standards of this title.
• The conditional use is not in conflict with the health and safety of the community.
• The conditional use is such that pedestrian and vehicular traffic associated with the use will not be hazardous or conflict with existing and anticipated traffic in the neighborhood.
• The conditional use will be supported by adequate public facilities or services and will not adversely affect public services to the surrounding area or conditions can be established to mitigate adverse impacts on such facilities.
• The conditional use is not in conflict with the policies of the Comprehensive Plan or the basic purposes of KCC 21A.

Many conditionally allowed uses have additional use-specific standards that must be met in order to be approved. See the permitted uses listed in KCC 21A.08. Refer to the permitted uses chapter of the King County Code (KCC) 21A.08 to determine whether a proposal requires a CUP. For minor communication facilities (including cell towers), refer to KCC 21A.27.

Appeals

An aggrieved party has 24 days following the Department's notice of decision to file an appeal. The appeal must be submitted to the Department of Local Services, Permitting Division along with an appeal filing fee. The King County Hearing Examiner then hears the appeal and makes a final decision.