21.73.020 Approval of local essential public facilities.
A. A conditional use permit shall be required as provided in this section before any local essential public facility is to be located or expanded in Lynnwood.
B. The hearing examiner may approve, or approve with modifications, and impose reasonable conditions upon the local essential public facility in order to ensure that:
1. Necessary infrastructure is or will be made available to ensure safe transportation access and transportation concurrency;
2. Adequate service capacity is or will be made available to ensure that public agencies have the capacity to handle changes in the demand for public services that may occur as the result of the facility, including but not limited to insurance costs, public awareness and public education costs and that the facility will not adversely affect public safety;
3. Any and all probable significant adverse environmental impacts including, but not limited to, noise, air quality, habitat, soil quality and soil stability of neighboring properties and light pollution are adequately mitigated.
C. The decision criteria set forth herein shall not be applied in such a manner as to preclude the siting or expansion of any local essential public facility in the city of Lynnwood. In the event that a local essential public facility cannot, by the imposition of the provisions of this chapter or reasonable conditions of approval, be made to meet the decision criteria in this section on the preferred site described in the proposal, the hearing examiner shall consider:
1. Authorize the essential public facility to deviate from the provisions of this code to the minimum extent necessary to avoid preclusion;
2. Require the local essential public facility to be located on one of the investigated alternative sites, if the proposal can be reasonably conditioned to meet the decision criteria at the alternative site; or
3. Approve the siting or expansion of the local essential public facility at the proposed site with such reasonable conditions of approval as may be imposed to mitigate the impacts of the proposal to the maximum extent practicable, if there is no available alternative site on which the decision criteria can be met. (Ord. 3447 § 4(C), 2023; Ord. 3126 § 3, 2015)