22.38.060 Preclusion of siting of essential public facilities.
A. Local Essential Public Facilities. According to WAC 365-196-550, a city shall not use its comprehensive plan or development regulations to preclude the siting of essential public facilities. This title shall not be administered or interpreted in a manner inconsistent with state law.
1. Siting Impracticability. Development regulations preclude the siting of an essential public facility if their combined effects would make the siting of an essential public facility impossible or impracticable. The siting of an essential public facility is deemed impracticable if it is incapable of being performed or accomplished by the means employed or at command.
2. Applicant Resources. An essential public facility shall not be determined to have been precluded because the applicant determines that compliance with applicable development regulations would be too costly or time consuming.
3. Permitting Requirements. Reasonable permitting requirements may be imposed and mitigation of the essential public facility’s adverse effects is allowed, provided:
a. When the city is siting its own essential public facility, public or private, the siting process shall be nonpreclusive with reasonable criteria.
b. The city may not include criteria in its land use approval process which would allow the essential public facility to be denied.
B. State and Regional Essential Public Facilities. If the essential public facility and its location have been evaluated through a state or regional siting process, the city shall not require the facility to go through the city’s siting process. (Ord. 005/2019 § 10 (Exh. B))