20.17.030 Determination of applicability.
A. If the proposed facility is not a permitted or conditional use in the district in which it is proposed, but has been determined to be eligible as an EPF as per subsection (B) or (C) of this section, then the proposed facility shall be reviewed following the procedures of BMC 20.17.040. If the facility would require a conditional use permit, variance, or other development permit, those approvals shall be decided through the processes appropriate for those actions.
B. All correctional facilities, except those under BMC 20.08.020, “Service care,” and secure community transition facilities shall use the procedure described in BMC 20.17.040.
C. An agency or organization may request in writing that a proposed facility be reviewed through the essential public facilities siting process contained in this chapter if it is not a permitted or conditional use under Bellingham land use development ordinance (BMC Title 20). This request shall be in the form of a letter to the director of planning and community development, addressing the criteria in subsection (C)(1) of this section.
1. The director of planning and community development shall review this request and grant it if the criteria in subsections (C)(1)(a) and (b) of this section are met.
a. The facility meets one of the following:
i. Facilities, conveyances, or sites used to provide services to the public that are on the list of essential public facilities adopted by the Bellingham city council;
ii. Facilities and services that are delivered by government agencies, private or nonprofit organizations under contract to or with substantial funding from government agencies, or private firms or organizations subject to public service obligations; and
iii. Facilities, conveyances or sites that are necessary to adequately provide a public service.
b. The facility is a type difficult to site because of one or more of the following:
i. The facility needs a type of site of which there are few sites;
ii. The facility can locate only near another public facility;
iii. The facility has or is generally perceived by the public to have significant adverse impacts that make it difficult to site; or
iv. There is need for the facility and Bellingham is in the facility service area. [Ord. 2006-07-068].