Chapter 12.28
CONDITIONAL USE PERMITS

Sections:

12.28.010    Purpose.

12.28.020    Type of action.

12.28.030    Contents of complete application.

12.28.040    Criteria for approval.

12.28.050    Conditions of approval.

12.28.055    Minor modifications to approved conditional use permits.

12.28.060    Time frame for submission of construction permits.

12.28.010 Purpose.

The purpose of this chapter is to establish the type of action, contents of a complete application, and criteria for approval for conditional use permits. Conditional use permits are required for land uses which are appropriate in a zone but typically have certain characteristics such as traffic generation or building mass which warrant imposition of special conditions to ensure compatibility with permitted uses in the zone. (Ord. 1815 § 1, 2000; Ord. 1629 § 1, 1996).

12.28.020 Type of action.

A conditional use permit is a Type III action and shall be considered in accordance with the procedures for such permits as set forth in BMC Title 11, Administration of Development Regulations. (Ord. 1815 § 1, 2000; Ord. 1629 § 1, 1996).

12.28.030 Contents of complete application.

An application for a conditional use permit is complete for the purposes of this section when it has been determined by the city to contain the information described below in addition to the standard application information required under BMC Title 11, Administration of Development Regulations. A complete application is sufficient for continued processing even though additional information may be required or modifications may subsequently be made. The city’s determination of completeness shall not preclude the city from requesting additional information or studies, either at the time of the notice of completeness or subsequently if new information is required or substantial changes in the application occur. A complete application shall contain:

A.    Completed application form and attachments signed and dated by owner/agent.

B.    Complete legal description of the subject property.

C.    Site plan depicting proposed and existing improvements on the property. The site plan shall contain the following information:

1.    Dimensions and shape of the lot, and street names;

2.    Location and dimensions of existing and proposed building including setbacks;

3.    Circulation. Adjacent street improvements, curb cut locations for ingress and egress, parking layout in accordance with Chapter 12.16 BMC;

4.    Existing and proposed landscaping, in accordance with Chapter 12.18 BMC;

5.    Existing watercourses, critical areas, utility lines, easements, deed restrictions, structures, rockeries, and other manmade or natural features restricting use of the subject property;

6.    Preliminary grading plan depicting proposed and existing grades at five-foot contours if grading is proposed in conjunction with proposed use; and

7.    Storm drainage, sidewalks, and exterior lighting.

D.    An analysis detailing how the proposal is consistent with the criteria for approval as contained in BMC 12.28.040.

E.    Ten copies of all plans. All oversized plans shall be folded to eight and one-half inches by 11 inches.

F.    One paper reduction of each oversized plan to 11 by 17 inches.

G.    Necessary information for review of environmental impacts, in accordance with BMC Title 14, Environment.

H.    Application fee and environmental trust.

I.    Applications found to contain material errors shall not be deemed complete until such material errors are corrected.

J.    The community development director may waive specific submittal requirements determined to be unnecessary for review of the application. (Ord. 1815 § 1, 2000; Ord. 1629 § 1, 1996).

12.28.040 Criteria for approval.

A conditional use permit shall be granted by the city, only if the applicant demonstrates that:

A.    The granting of the conditional use permit will not:

1.    Adversely affect the established character of the surrounding vicinity. For the purposes of this section, character shall mean the distinctive features or attributes of buildings and site design on adjacent properties and in the vicinity and as articulated in the comprehensive plan, including but not limited to building facade, length, building modulation, building height, roof form, tree cover, types of flora, location of landscaping, size and location of signs, setbacks, amount and location of parking, fencing type, height and location, and the like;

2.    Be detrimental to the public health, safety and general welfare; and

3.    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.

B.    The granting of the proposed conditional use permit is consistent and compatible with the goals and policies of the comprehensive plan, and any code, ordinance, regulation or standard in effect to implement the plan.

C.    The proposed use is properly located in relation to other land uses, transportation and public facilities and services in the vicinity; and further, that the capacity of the transportation system and other public facilities and services will adequately serve the proposed use without placing an undue burden on such systems, facilities and services.

D.    The intensity (i.e., the nature, types and hours of human activity) and character of the proposed use is compatible with the intensity and character of the uses of adjacent property and of property in the vicinity.

E.    That the site is of sufficient size to accommodate the proposed use; and further that, in the opinion of the city, all yards, open spaces, landscaping, walls and fences, parking, loading, and other necessary features are properly provided to assure the proposed use will be compatible with adjacent uses and the character of the vicinity.

F.    The proposed use will not introduce hazardous conditions at the site that cannot be mitigated so as to protect adjacent properties, the vicinity, and the public health, safety and welfare of the community from such hazards.

G.    The conditions necessary to mitigate the impacts of the proposed conditional use are capable of reasonable monitoring and reasonable enforcement. (Ord. 1815 § 1, 2000; Ord. 1629 § 1, 1996).

12.28.050 Conditions of approval.

The city may impose any condition of approval on a conditional use permit needed to mitigate adverse impacts to the environment, adjacent properties or the community, consistent with the goals and policies of the comprehensive plan, and any code, ordinance, regulation or standard in effect to implement the plan. (Ord. 1815 § 1, 2000; Ord. 1629 § 1, 1996).

12.28.055 Minor modifications to approved conditional use permits.

A minor modification to an approved CUP is a Type I action and shall be processed in accordance with the procedures for such actions as set forth in BMC Title 11, Administration of Development Regulations, and in accordance with the provisions of this section. Minor modifications to an approved CUP shall be defined as those which do not increase the intensity of the use and the resulting impacts to the surrounding area.

A.    The community development director is authorized to allow minor modifications in accordance with subsection B of this section. The community development director shall allow only such minor modifications as are consistent with guidelines established in subsection B of this section.

B.    For the purposes of this section, “minor modification” means a departure from the conditions of an approved CUP which is consistent with the following criteria:

1.    It does not in any way change the use permitted by the approved CUP;

2.    It maintains the design intent and quality of the original approval;

3.    The number of dwelling units in residential developments and the square footage of nonresidential structures shall not increase;

4.    The minor modification shall not relocate a building, parking area, street or other use or built feature in such a way that visual, light, noise, vibration or other impacts as experienced from surrounding properties and public rights-of-way are intensified, and shall not reduce any required yard, setback, buffer or open space below the area or dimensions established by code or conditions of CUP approval, whichever is more restrictive;

5.    The height of buildings and other structures shall not increase;

6.    Traffic volumes shall not increase;

7.    Modifications to internal circulation layout are acceptable; provided, that ingress and egress points to the subject property are not modified in such a way that external traffic patterns are affected or impacts increased;

8.    Minor changes to plant species, variety, color, etc., may be made; provided, that the type of landscaping required pursuant to BMC 12.18.040 shall not be modified;

9.    The adjustment does not add significant new environmental impacts or significantly increase environmental impacts disclosed in the original SEPA documents;

10.    The community development director determines that the change will not increase any adverse impacts or undesirable effects of the project, or that the change in no way significantly alters the project. (Ord. 2046 § 2 (Exh. B), 2010).

12.28.060 Time frame for submission of construction permits.

A complete application of all required construction level permits shall have been submitted to the city for approval within five years of the date of conditional use permit approval; except that for conditional use permits approved through December 31, 2011, a complete application of all required construction level permits shall have been submitted to the city for approval within seven years of the date of conditional use permit approval. (Ord. 2043 § 2 (Exh. B), 2010; Ord. 2029 § 1 (Exh. B), 2009; Ord. 1871 § 1, 2002).