Chapter 17.25
CONDITIONAL USES
Sections:
17.25.010 Authorization to grant or deny conditional uses.
17.25.020 Application for a conditional use.
17.25.030 Public hearing on a conditional use.
17.25.040 Notification of action.
17.25.010 Authorization to grant or deny conditional uses.
Uses designated in this title as conditional uses may be permitted, enlarged, or otherwise altered by the board of adjustment. In permitting a conditional use, or the modification of an existing conditional use, the board of adjustment may impose, in addition to those standards and requirements expressly specified by this title, any additional conditions which it considers necessary to protect the best interest of the surrounding property or the city as a whole. These conditions may include increasing the required lot size or yard size, limiting the height of buildings, controlling the locations and number of driveways, increasing the street width, increasing the number of off-street parking and loading spaces, limiting the number, size, and location of signs, and requiring diking, fencing, screening, or landscaping to protect nearby property. In the case of the use existing prior to December 19, 1970, which is classified in this title as a conditional use, any change in use or lot area or any alteration of the structure shall conform with the requirements dealing with conditional uses. In the event a use is proposed which is not designated in this title as a prohibited, permitted, or a conditional use, the board of adjustment shall determine whether the use should be treated as one of the designated uses. Such determination shall be based on the following factors: (1) Similarity to a designated use; and (2) consistency with the intent of the zone in which the use is requested. [Ord. 1194 § 1, 1994; Ord. 1138 § 1, 1992. Code 1966 § 17.06.010.]
17.25.020 Application for a conditional use.
A property owner may initiate a request for a conditional use or the modification of an existing conditional use by filing an application with the zoning official on forms prescribed in CMC 17.45.120. The application shall be accompanied by a site plan, showing the dimensions and arrangement of the proposed development. The zoning official may request other drawings or information necessary to an understanding of the request. The application shall be submitted to the planning commission for study and recommendations at least 15 days prior to the meeting at which it will be considered. Within 20 days after the consideration by the planning commission, the board of adjustment shall consider the recommendations of the planning commission and hear the application for a conditional use. [Ord. 1193 § 1, 1994; Ord. 1138 § 1, 1992. Code 1966 § 17.06.020.]
17.25.030 Public hearing on a conditional use.
Before the board of adjustment may act on a request for a conditional use it shall hold a public hearing, in accordance with the provisions of CMC 17.45.080. [Ord. 1138 § 1, 1992. Code 1966 § 17.06.030.]
17.25.040 Notification of action.
Within 10 days after a decision has been rendered, the zoning official shall provide the applicant with written notice of the action on his request. [Ord. 1138 § 1, 1992. Code 1966 § 17.06.040.]
17.25.050 Appeal.
The action of the board of adjustment may be appealed to the superior court according to the provisions of CMC 17.45.110. [Ord. 1138 § 1, 1992. Code 1966 § 17.06.050.]