Web page revised 1.1.26

What is the purpose of a conditional use permit?

Conditional uses are those that have unique characteristics or different impacts than those uses commonly allowed outright within a particular zone, or uses that would be located in neighborhoods with special characteristics. As an example, schools have traditionally been located in residential zones, yet because of their traffic demands, noise and other unique impacts, the school's location and design require special review. The conditional use permit (CUP) process has been established to provide this type of special review.

What is the conditional use review process?

Proposed conditional uses are subject to a Type III review process, which requires the applicant to hold a neighborhood meeting prior to submitting the CUP application. The Type III process requires a public hearing before the county Hearing Examiner.

In making the decision, the Hearing Examiner must determine whether the conditional use proposal meets the requirements of the applicable sections of the Clark County Code. This decision is made after reviewing the proposal and considering testimony from the public. The Hearing Examiner will approve, approve with conditions, or deny the application.

The Hearing Examiner will issue the decision in a written Final Order after considering staff’s recommendation, the applicant’s testimony, and testimony from the public. The Hearing Examiner’s decision may be appealed to Superior Court of Clark County.

Is a pre-application conference required?

A pre-application conference is required before submitting a Type III application. The requirement for a conference may be waived if the Planning Director determines that the proposal is relatively simple. A waiver requires the applicant to submit a completed Pre-Application Review Waiver Request Form and fee.

Is a meeting with the neighborhood required before an application may be submitted?

Yes, the applicant must hold a neighborhood meeting no more than 90 days prior to the submittal of a Type III CUP application for a new support tower. See our Neighborhood Review Meeting handout for meeting requirements.

The sole purpose of the neighborhood meeting is to exchange information on the siting and design of the new support tower, and should be scheduled to allow maximum flexibility for review of issues and alternatives prior to the application. The neighborhood meeting must be held at a location within a reasonable distance of the proposed development site on a weekday evening at a reasonable time. A pre-application conference is not a substitute for the required neighborhood meeting.

What is required for the neighborhood meeting?

• The applicant must send a notice of the meeting at least 15 days prior to the scheduled meeting.
• The meeting must follow all requirements as listed in our Neighborhood Review Meeting handout.
• A copy of the notice, mailing list and the proposed development plan as presented at the meeting, as well as minutes and the sign-in sheet from the meeting must be submitted with the application.

What is the application process?

See Type III Review Process (CCC 40.510.030) 

When can I reapply if my application is denied?

If the conditional use permit application is denied, reapplication cannot be accepted until one year after the date of denial.

How long do I have before I must complete the project?

Preliminary conditional uses shall be valid for a period of seven years after approval, during which time a fully complete application for a building permit must be submitted. This time limit may be extended where there is an approved phased development or separate development agreements have been approved. See Clark County Code, Section 40.500.010(B) for more details.

Submittal Requirements

All land use reviews are completed online.

Refer to the Type II, II-A and III Submittal Requirements handout.

Follow the Land Use Application Submittal Process and these instructions on how to apply online.

Contact planningapps@clark.wa.gov with questions on how to apply.

The following list identifies information to be included with the application. The Pre-Application Conference Report will indicate any additional/exempted submittal requirements.

1. Cover sheet and table of contents - Each submittal packet shall contain a cover sheet that contains the project name and applicant’s name, address, email address, and phone number. A table of contents to provide assistance in locating the various requirements the PDF files shall be named/labeled to follow the cover sheet.
2. Application form - The application form shall be completed and original signed in ink by the applicant.
3. Application fee - The required fee shall accompany the application.
4. Pre-Application Conference Report - A copy of the Pre-Application Conference Report must be submitted.
5. GIS Developer’s packet - A copy of the GIS Developer’s Packet shall be submitted with the application. Applicants can order a GIS Developer's Packet with a credit card online. For more information, contact GIS at 564.397.4082 or themapstore@clark.wa.gov.
6. Narrative - A written narrative shall be submitted that addresses the following:
   • How the application meets or exceeds each of the applicable approval criteria and standards
   • How the proposed plan meets the minimum area and dimensions of the base zone
   • How the issues identified in the pre-application conference have been addressed, and generally, how services will be provided to the site
   • A comprehensive description of the existing or proposed facility including the technical reasons for the design and configuration of the facility, design and dimensional information, and anticipated coverage of the facility and the ability to accommodate future co-location opportunities
   • If camouflage technology is proposed, the applicant shall provide a complete description of the suggested camouflage, including style and materials to be used, a photographic depiction of the proposed facility, and a maintenance plan detailing provisions for the continued effectiveness of the suggested camouflage for the life of the facility
   • An analysis of the proposal area and discussion of factors influencing the decision to target the proposed location. Such analysis shall include the good faith efforts and measures taken to secure a higher priority location, how and why such efforts were unsuccessful, and how and why the proposed site is essential to meet service demands for the geographic service area
   • An analysis of existing WCFs within the intended service area, describing the status of collocation opportunities at these sites
   • The proposed frequency of trips the proposal could be expected to generate
7. Authorization to use site and support structure - Documentation that establishes the applicant’s right to use the site shall be provided at the time of application by a copy of the proposed lease agreement, easement agreement, license agreement or letter of authorization to use the facility from the owner of the support structure.
8. Legal lot determination information - If the lot is part of a plat, binding site plan, or subdivision, no lot information is required beyond that supplied in the GIS packet. If the application is not part of a plat, binding site plan, or subdivision, the applicant is required to either:
   • Complete a legal lot determination
   • Submit a sales or transfer deed history dating back to 1969, to include copies of recorded deeds and/or contracts verifying the date of creation of the parcel in chronological order with each deed identified with the Assessor’s lot number
9. Approved preliminary plats abutting the site - A map shall be submitted that shows all approved preliminary land divisions that are yet to be recorded as listed within the pre-application conference summary, that abut the site including across public and private streets from the site. Also include preliminary approved and unrecorded divisions that are between the site and nearest public or private streets providing vehicular access to the site.
10. Proposed site plan - The proposed plan shall be drawn to a minimum engineer’s scale of 1” = 200’. The following information shall be clearly depicted on the proposed site plan:
    • General information
      • Applicant’s name, mailing address and phone number
      • Owner’s name and mailing address
      • Contact person’s name, mailing address, and phone number
      • North arrow oriented to the top, left or right of page, scale, and date
      • Proposed name of project
      • Vicinity map covering ¼ mile radius from the development site (not required for rural area plans)
      • Area of the site in acres or square feet
    • Existing conditions - Environmental conditions on and within 100 feet of the site must be shown. For purposes of being determined fully complete, only those existing conditions that are shown on the GIS map, known by the applicant or are discussed in the pre-application summary must be included on the proposed plan.
      • Topography at 2 foot contour intervals, or other intervals if not available from a public source, see GIS Packet
      • Watercourses, streams, rivers, etc., see GIS Packet
      • Center of stream surveyed for all on-site water- courses with Professional Land Surveyor Stamp and signature
      • Areas prone to flooding
      • FEMA designated floodplains, flood fringe, or floodway, see GIS Packet
      • Designated shoreline areas, see GIS Packet
      • Water bodies and known wetlands, see GIS Packet
      • Wetland delineation, see Pre-application Report
      • Unstable slopes and landslide hazard areas, see GIS Packet
      • Significant wildlife habitat or vegetation, see GIS Packet
      • Significant historic sites, see GIS Packet and Pre-Application Report
    • Land use and transportation
      • Layout, square footage and dimensions of all parcels
      • Location(s) of any existing building(s) on the site and use
      • Location and width of existing easements for access, drainage, utilities, etc.
      • Name, location and width of existing rights-of-way
      • Name, location, width and surfacing materials, such as gravel, asphalt or concrete, of roadways and easements,  private and public
      • Location of existing driveways and those driveway across the street to include distance between driveways and roadways edge to edge
      • Location and width of existing pedestrian and bicycle facilities on and within 100 feet of the site
      • Transit routes and stops within 600 feet of the development site, see GIS Packet
    • Water and Sewer
      • Location and direction to nearest fire hydrant, see GIS Packet
      • Location of existing sewage disposal systems and wells on the site
      • Location of existing sewage disposal systems and wells within 100 feet of the site as available from Public Health
    • Proposed improvements
      • Environmental
        • Wetland, stream, steep bank buffer areas/protected areas
        • Planned enhancement areas
      • Land use and transportation
        • The configuration and dimensions of the project boundaries, proposed lots and tracts, including proposed park, open space, and or drainage tracts or easements
        • Dimensions of all proposed easements
        • Location of any existing buildings to remain on the site to include approximate square footage and dimensions from property lines. For all structures include the number of stories, construction type, such as metal, wood, concrete block, etc., and proposed uses
        • Location and width of all road rights-of-way
        • Location, width from curb to curb and surface material of all proposed roadways, private and public, provided by drawing or note and typical cross- section from county road standards
        • Location of all road segments in excess of 15 percent grade that are either on the site or within 500 feet of the site which are being proposed for site access
        • Location, width and surface material of off-site roads which will provide access to the site within 500 feet of the site
        • Location and width of proposed driveways for corner lots and driveways where site distance standards cannot be met
        • Site distance triangles where site distance standards can not be met
        • Location and width of proposed easements for access, drainage, utilities, etc. provided by drawing or note
    • Conditional use requirements
      • Layout of proposed structures including square feet
      • Architectural drawings and sketches of buildings indicating floor plan, elevations, types of materials and colors, and type of construction per the International Building Code
      • Elevation plans showing the proposed tower and antennae, and the height of each as well as any lightning rods, as applicable
      • Location, dimensions and number of off-street parking and loading areas
      • Distance between existing and proposed structures and associated facilities, and nearest residence on adjacent properties
    • Landscaping
      • Landscape and screening plans for new support towers and structures and urban area arterial and collector roadways must be submitted, to include:
        • Location, number, species, size at planting, and spacing of proposed plant material
        • Location, number, species and size of existing landscape material to be removed and/or retained
        • Location, type (such as sod, groundcover or shrub mass) and area (in terms of square fee and percentage of site) of all soft landscaped areas and buffers
        • Location, height and materials of fences, buffers, berms, walls and other methods of screening
        • Landscaping and screening installation procedures and maintenance plans
11. Aerial photograph - An aerial photograph, which clearly indicates the location of the proposed facility in relation to:
    • Significant features within 1320 feet including, but not limited to, existing and/or proposed site structures, public rights-of way, residential developments, adjacent land uses, and properties used for public purposes
    • Governmental jurisdictional boundaries within 500 feet of the proposal boundaries
    • Cliffs, snags, talus, Oregon white oak woodlands, urban natural open space, waterfowl habitat and bald eagle foraging areas within a 1000 feet as defined by the Department of Fish and Wildlife as Priority Habitats and Species areas subject to CCC 40.440  
12. Photographic analysis - A photographic analysis of the proposed site, including a representation of existing conditions and photographic simulations depicting views of any new support structures or towers must be submitted.
13. Soil analysis report, if applicable
14. Preliminary stormwater design report, if applicable
15. Proposed stormwater plan, if applicable
16. Project engineer statement of completeness and feasibility - The project engineer shall include a statement that all information required by CCC 40.386 Stormwater and Erosion Control Ordinance is included in the preliminary stormwater plan and that the proposed stormwater facilities are feasible.
17. State environmental review - A State Environmental Policy Act Environmental Checklist must be completed, original signed in ink, and submitted.
18. Proof of submitting an archaeological pre-determination to the state, if applicable. Predetermination reports and archaeology surveys, if required, must be reviewed by the Washington State Department of Archaeology and Historic Preservation (DAHP). Proof must be provided indicating the predetermination and/or survey have been submitted to DAHP for review. Proof can be via an email confirmation or other conclusive method of proof that DAHP has received the site-specific document for review.
19. Public Health review evaluation letter - A Clark County Public Health Project Review Evaluation Letter must be submitted per the Pre-Application Conference Report.
20. Covenants or restrictions - All existing covenants or restrictions and/or easements that apply to the property must be submitted, available from a title company.
21. Associated applications - Applications associated with the preliminary plat, such as archaeological, critical aquifer recharge areas (CARA), floodplain, forestry, geo-hazard, habitat, shoreline, wetland, road modification, variances, etc., must be submitted with this application. See Pre-Application Conference Report.
22. Engineering report - For new support towers, a report stamped, dated and signed by a licensed professional engineer registered in the state of Washington demonstrating the following:
    • The facility complies with all requirements of the International Building Code
    • The structural capability of the facility will support co-located antennas, if   applicable
    • The facility complies with all applicable standards of the FAA and FCC, including RF energy standards
    • The basis for the calculation of capacities
23. FAA Compliance - For new towers, evidence of compliance with Federal Aviation Association (FAA) requirements must be submitted with the application.
24. Neighborhood meeting documentation - A copy of the notice, mailing list, proposed development plan, as presented at the meeting, minutes and the sign-in sheet from the meeting must be submitted. See Neighborhood Review Meeting for more information.

Fee schedule

The following fees are required to be paid when the application is submitted.  

Land use application submittal fee: $1,069
Wetland/habitat application submittal: $233
Issuance: $94

The following fees are required to be paid when the application has been deemed Fully Complete.

Site Plan Review - Unoccupied utility structure
Planning: $4,275
Issuance: $94
Engineering: $601
Issuance: $94

Conditional Use Permit
Planning*: $10,097
Issuance: $53
Engineering: $1,800
Issuance: $94

*If submitted concurrently with a Site Plan Review application, the planning fee is $4,951 plus the issuance fee

SEPA review: $2,174
Issuance: $53

Fire Marshal Review, if applicable: $434

Public hearing: $8,291

A Legal Lot Determination may be required if a previous legal review has not been completed.  

Reference

Clark County Code 40.520.030 Conditional Use Permits and 40.260.250 Wireless Communication Facilities