Chapter 18.130
CONDITIONAL USES

Sections:

18.130.010    Purpose.

18.130.020    Application.

18.130.030    Decision process.

18.130.040    Criteria.

18.130.050    Termination of approval.

18.130.060    Concurrent hearings.

18.130.070    Modification.

18.130.080    Special conditions.

18.130.010 Purpose.

Certain types of uses require special consideration prior to being permitted in a particular district. The reasons for requiring special consideration involves the effect such uses have on any adjoining land uses and the community as a whole, the nature of potential traffic problems and other impacts of the conditional use. (Ord. 974 § 4 (Exh. A.2 § 6.4), 1998)

18.130.020 Application.

An application for a conditional use permit shall be made by the owner of the affected property, or authorized agent, on a form prescribed by the city. The application shall be accompanied by the appropriate fee and information required by the application form. (Ord. 974 § 4 (Exh. A.2 § 6.4), 1998)

18.130.030 Decision process.

Conditional use permits are Type III decisions. The planning commission shall review the application at a public hearing and may approve, approve with conditions, or deny the application for a conditional use permit. In permitting a conditional use, the planning commission may impose conditions found necessary to protect the best interests of the surrounding property or neighborhood, or the city as a whole. These conditions may include, but are not limited to, requiring larger lot size or yard dimensions, increasing street widths, providing for the construction of public improvements, controlling the location and number of vehicular access points to the property, and requiring screening and landscaping. (Ord. 974 § 4 (Exh. A.2 § 6.4), 1998)

18.130.040 Criteria.

In order to grant a conditional use permit, the planning commission shall make findings of fact to support the following conclusions:

A. The use is listed as a conditional use in the zone which is currently applied to the site;

B. The characteristics of the site are suitable for the proposed conditional use considering the size, shape, location, topography, existence of improvements, and natural features;

C. The proposed conditional use is adequately served by public facilities;

D. The proposed conditional use will comply with applicable policies of the Rainier comprehensive plan; and

E. The proposed conditional use will not create any hazardous or adverse conditions. (Ord. 974 § 4 (Exh. A.2 § 6.4), 1998)

18.130.050 Termination of approval.

A conditional use permit shall become void two years after the date of final approval unless prior to that time a building permit has been issued for the project and substantial construction has taken place. (Ord. 974 § 4 (Exh. A.2 § 6.4), 1998)

18.130.060 Concurrent hearings.

An application for a conditional use permit may be made at the same time as an application for a rezone. In such a case the planning commission may hold one public hearing and consider the applications concurrently. (Ord. 974 § 4 (Exh. A.2 § 6.4), 1998)

18.130.070 Modification.

A request to modify an existing conditional use permit shall be processed in the same manner as a request for a conditional use permit. (Ord. 974 § 4 (Exh. A.2 § 6.4), 1998)

18.130.080 Special conditions.

The permit granted pursuant to the provisions of this chapter shall run with the land and shall continue to be valid upon a change of ownership of the site or structure unless otherwise specified in conditions attached to the permit. (Ord. 974 § 4 (Exh. A.2 § 6.4), 1998)