Chapter 18.72
CONDITIONAL USE PERMITS
Sections:
18.72.030 Application procedure.
18.72.040 Planning commission review.
18.72.060 Conditional use permit time limit.
18.72.010 Purpose.
The purpose of this chapter is to establish the procedures for granting conditional use permits for those uses described in AMC 18.28.030, 18.32.030, 18.36.030, 18.40.030 and 18.44.030. Conditional use permits shall not be granted for uses not specifically listed in these sections. Proposals for additional conditional uses shall be submitted as amendments to the ordinance and follow the procedures described in Chapter 18.80 AMC. If such uses are added, the applicant may then apply for a conditional use permit. (Ord. 84-335 § 16.01, 1984)
18.72.020 Conditions imposed.
A. Conditional uses are considered to be unusual uses for any specified zone; therefore, reasonable conditions may be imposed in connection with a conditional use permit as deemed necessary to protect the best interests of the surrounding property or neighborhood and to otherwise secure the purpose and requirement to this title. Guarantees and evidence may be required to ensure that such conditions will be and are complied with. In determining any conditions to be applied to the granting of a conditional use permit, the following impacts may require mitigation:
1. Erosion potential;
2. Excessive water runoff;
3. Environmental hazards;
4. Environmental pollution;
5. Fiscal impacts;
6. Traffic hazards;
7. Traffic congestion;
8. Visual and auditory impacts;
9. Obtrusive visual blight;
10. Any other unusual impact associated with the proposed use.
B. Issuance of a conditional use permit shall not imply a variation from any of the specific or general provisions of this title. (Ord. 84-335 § 16.02, 1984)
18.72.030 Application procedure.
The applicant shall present a completed application form and required information to the clerk-treasurer. The clerk-treasurer shall review the application for completeness and transmit the application to the building official. The building official shall review the application for compliance with this title and any other applicable codes and ordinances. The building official shall transmit the application to the planning commission. (Ord. 84-335 § 16.03, 1984)
18.72.040 Planning commission review.
A. Upon receipt of an application for a conditional use from the building official, the planning commission shall set a date, time and place for a public hearing on the application:
1. Notice of the date, time, place and purpose of the public hearing shall be given by at least one publication in the local newspaper 10 days prior to the hearing.
2. The applicant for a conditional use permit shall notify, by mail, the owners of record of all property adjacent to the site of application by mail at least 10 days prior to the public hearing, postage prepaid.
B. At this hearing the planning commission shall review the application, take public testimony on the application, and issue a decision for denial or acceptance of the application. The planning commission shall base their decision on written findings of fact guided by the impacts identified in AMC 18.72.020, other sections of this title and evidence present at the public hearing. The planning commission may append any additional conditions to the permit which it deems necessary to mitigate possible impacts created by the proposed use. A decision by the planning commission shall be issued within 15 days of the hearing. (Ord. 92-459 § 1, 1992; Ord. 84-335 § 16.04, 1984)
18.72.050 Appeal.
All decisions for approval, denial or appendance of conditions may be appealed to the city council. A written appeal must be filed with the clerk-treasurer within 15 days of the planning commission decision. If no appeal is filed within the specified time period, the planning commission decision shall be final. A decision by the city council is subject to review by the superior court. (Ord. 84-335 § 16.05, 1984)
18.72.060 Conditional use permit time limit.
Authorization of a conditional use shall be void after six months unless substantial construction pursuant thereto has taken place. However, the planning commission may extend this period at the request of the applicant. (Ord. 84-335 § 16.06, 1984)