"Public facility"
means the capital improvements and systems of transportation, law enforcement, fire protection, and recreational facilities (i.e., parks and playgrounds). Public facilities may be sited in any zoning, classification, subject to the review and approval requirements of this chapter.
"Public facility permit"
means a written decision by the Community Development Services department authorizing a public facility use to locate at a specific location.
(Ord. 2002-03 (part), 2002; Ord. 2007-22, 2007)
The purpose of this chapter is to establish decision criteria and procedures for the permitting of public facilities and to provide coordinated review of the proposed project. Certain public facilities provide necessary services to other uses but are deemed unique due to factors such as siting criteria, size, technological processes, and requirements for comprehensive facility planning and budgeting. These uses require a certain degree of review to incorporate and document consistency with the comprehensive plan, facility plans, or capital improvement programs, and to assure compatibility with adjacent uses.
(Ord. 2002-03 (part), 2002)
Public facilities permits shall be processed in the same manner as zoning administrative conditional uses are processed pursuant to KCC Title 15A, except as otherwise provided in this chapter.
(Ord. 2002-03 (part), 2002)
The Community Development Services department shall review public facility permit applications in accordance with the provisions of this section and may approve, approve with conditions, or deny the public facility permit.
1. 
Required findings. A public facility permit may be approved by the Community Development Services department only if all of the following findings can be made regarding the proposal and are supported by the record:
a. 
That the granting of the proposed public facilities permit will not:
i. 
Be detrimental to the public health, safety, and general welfare;
ii. 
Be injurious to the property or improvements adjacent to, and in the vicinity of, the site upon which the proposed use is to be located; nor
iii. 
Adversely affect the established character of the surrounding vicinity.
b. 
That the proposed use will not introduce hazardous conditions at the site that cannot be mitigated to protect adjacent properties, the vicinity, and the public health, safety, and welfare of the community from such hazard.
c. 
That the granting of the proposed public facilities permit is consistent and compatible with the intent of the goals, objectives, and policies of the comprehensive plan and any implementing regulations.
d. 
That the facility site and environmental designs:
i. 
Meet local and state siting criteria and design; and
ii. 
Have been reviewed and/or commented upon by local and state agencies responsible for issuing permits.
e. 
That all conditions to mitigate the site specific impacts of the proposed use which were identified can be monitored and enforced.
f. 
That all yards, open spaces, landscaping, walls and fences, and other buffering features are properly provided to mitigate the impacts of the facility to make it compatible with the character of the surrounding area.
g. 
That the proposed public facility will be supported by, and not adversely affect, adequate public facilities and services; or that conditions can be imposed to lessen any adverse impacts on such facilities and services.
2. 
Approval. The Community Development Services department may approve an application for a public facilities permit or approve with additional requirements to comply with specified requirements or site conditions.
3. 
Denial. The Community Development Services department may deny a public facility permit if the proposal does not meet or cannot be conditioned to meet the required findings.
(Ord. 2002-03 (part), 2002; Ord. 2007-22, 2007)
The operation of some public facilities may necessitate unusual parcel configurations and/or parcel sizes. Such parcels:
1. 
Need not conform with the applicable minimum lot size for the specific zone the public facility is to be located; provided, they comply with the procedures provided under KCC Title 16, Subdivisions, and so long as used for a public facility;
2. 
Are not eligible for any other use or any rights allowed to nonconforming lots in the event the public facility ceases to operate;
3. 
Shall continue to be subject to all other zoning and subdivision requirements applicable to the parent parcel;
4. 
For Chapter 17.29 KCC, A-20 Agricultural Zone, and Chapter 17.31 KCC, Commercial Agriculture Zone, the splitting of property for a public facility would not be considered as a one time split for that property.
(Ord. 2002-03 (part), 2002)
Any aggrieved party with standing may appeal a decision to approve or deny a public facilities permit within 10 working days of the date of decision pursuant to KCC Title 15A.
(Ord. 2002-03 (part), 2002)