Chapter 17.64
CONDITIONAL USES
Sections:
17.64.010 Intent.
17.64.015 Complete application.
17.64.020 Procedure.
17.64.030 General conditions.
17.64.040 Review criteria.
17.64.045 Review criteria for accessory apartments.
17.64.046 Conditional use permits for review criteria for wireless communication facilities.
17.64.050 Expiration.
17.64.060 Transfer of a conditional use permit.
17.64.070 Revocation of a conditional use permit.
17.64.080 Repealed.
17.64.090 Repealed.
17.64.010 Intent.
Certain uses, because of their unusual size, infrequent occurrence, special requirements, possible safety hazards or detrimental effect on surrounding properties, are classified as conditional uses. These uses may be allowed in certain use districts by a conditional use permit granted by the hearing examiner, subject to the procedures established in Chapter 17.10 GHMC. (Ord. 573 § 2, 1990).
17.64.015 Complete application.
An application for a conditional use permit is considered complete upon submittal of the information as required under GHMC 17.96.050(B) through (D) and (L), including the written statement of justification for granting the variance pursuant to the requirements of GHMC 17.64.040. This is in addition to the application requirements of GHMC 19.02.002 for a Type III application. Seven copies of all information required shall be submitted along with the processing fee. (Ord. 725 § 8, 1996; Ord. 710 § 63, 1996).
17.64.020 Procedure.
Any use that requires a conditional use permit shall be processed in accordance with the following procedures:
A. Application. An application for a conditional use permit may be filed by the property owner, lessee of the property with more than a month-to-month tenancy or authorized agent of the property owner. The application shall be submitted in writing and be accompanied by the required plans and data. These applications shall be submitted to the planning department for transmittal to the hearing examiner with analysis and recommendation.
B. Investigation. The planning director shall make an investigation to determine whether a proposed conditional use would be in accordance with the comprehensive plan and this chapter, whether the use would be injurious to the public health, safety or welfare, and whether the use would be detrimental to other properties in the vicinity.
C. Granting or Denial. The decision may include special restrictions or conditions deemed necessary or desirable in furthering the intent of the ordinance pertaining to the proposed development.
D. Conditions. The conditions may:
1. Stipulate the exact location of uses or structures as a means of minimizing hazards or property damage;
2. Require special structural features, equipment or site treatment;
3. Increase requirements, standards or criteria over the minimum established by this title. (Ord. 573 § 2, 1990).
17.64.030 General conditions.
In considering whether to grant conditional uses, the hearing examiner shall be satisfied that the minimum standards set for uses specified in this title will be met. In addition, the examiner shall consider the criteria listed in this section and the standards as set forth in this chapter. The examiner may require the applicant to submit whatever reasonable evidence may be needed and may stipulate additional conditions to protect the public interest. The burden of proof rests with the applicant. (Ord. 573 § 2, 1990).
17.64.040 Review criteria.
Each determination granting or denying a conditional use permit shall be supported by written findings of fact showing specifically wherein all of the following conditions are met:
A. That the use which the conditional use permit is applied for is specified by this title as being conditionally permitted within, and is consistent with the description and purpose of the zone district in which the property is located;
B. That the granting of such conditional use permit will not be detrimental to the public health, safety, comfort, convenience and general welfare, will not adversely affect the established character of the surrounding neighborhood, and will not be injurious to the property or improvements in such vicinity and/or zone in which the property is located;
C. That the proposed use is properly located in relation to the other land uses and to transportation and service facilities in the vicinity; and further, that the use can be adequately served by such public facilities and street capacities without placing an undue burden on such facilities and streets;
D. That the site is of sufficient size to accommodate the proposed use and all yards, open spaces, walls and fences, parking, loading, landscaping and other such features as are required by this title or as needed in the opinion of the examiner.
For wireless communication facilities the criteria in GHMC 17.64.046 shall apply. (Ord. 771 § 15, 1997; Ord. 573 § 2, 1990).
17.64.045 Review criteria for accessory apartments.
When reviewing a conditional use request for an accessory apartment, the hearing examiner shall consider the following guidelines:
A. The required parking space for the accessory apartment is placed behind the primary structure or is paved with grass-block pavers to avoid an expansive area of hard surface;
B. The accessory apartment is attached to or placed at least six feet behind the primary structure;
C. The design of the accessory apartment is incorporated into the primary unit’s design with matching materials, colors, window style and roof design;
D. The entrance to the accessory apartment is oriented away from the view of the street or is designed to appear as a secondary entrance to the primary unit (e.g., garage entrance or service porch entrance);
E. Utilities for the accessory apartment shall be metered separate from the primary dwelling unit;
F. The accessory apartment and the primary unit conforms to all other building and zoning code requirements. (Ord. 710 § 64, 1996).
17.64.046 Conditional use permits for review criteria for wireless communication facilities.
A. Type of Permit. Applications for conditional use permits for wireless communications and broadcast and relay towers shall be processed as a Type III permit.
B. Criteria for Approval. Applications for conditional use permits for wireless communication facilities may be approved if the applicant demonstrates all of the following:
1. That there will be no injury to the neighborhood or other detriment to the public welfare;
2. That there is a need for the proposed tower to be located in or adjacent to the residential area, and which shall include documentation on the procedures involved in the site selection and an evaluation of alternative sites and existing facilities on which the proposed facility could be located or co-located;
3. The feasibility of future consolidated use of the proposed facility or co-location with other public utility facilities;
4. The facility shall be designed to be as least intrusive as practicable, including, but not limited to, the exterior treatment of the facility so as to be harmonious with the character of the surrounding neighborhood, the use of landscaping and privacy screening to buffer the facility and activities on the site from surrounding properties and that any equipment that is not enclosed shall be designed and located on the site to minimize impacts related to noise, light and glare onto surrounding properties. (Ord. 771 § 16, 1997).
17.64.050 Expiration.
Any conditional use permit granted by the hearing examiner shall expire if not exercised within one year of the date of approval. If a use or activity authorized by such permit is abandoned or discontinued for a continuous period of one year, it may not be reestablished unless authorized in accordance with the provisions of this chapter. A request for extension of the one-year time limit may be considered by the hearing examiner, providing that the request is in writing and is received no less than 30 days prior to the expiration date. No additional extensions shall be granted. An extension shall be valid for a period not to exceed one year. (Ord. 573 § 2, 1990).
17.64.060 Transfer of a conditional use permit.
A conditional use permit shall be transferable; provided, that the transferee complies with the conditions of the permit. If at any time the conditional use no longer complies with the conditions of the permit, the owner shall be declared in violation of this title and shall be subject to its penalties. (Ord. 573 § 2, 1990).
17.64.070 Revocation of a conditional use permit.
Following a public hearing by the hearing examiner, a conditional use permit may be revoked for one or more of the following reasons:
A. That the approval was obtained by fraud or that erroneous information was presented by the applicant;
B. That the use for which approval was granted has not been exercised;
C. That use is being exercised contrary to the conditions of approval, or in violation of any statute, ordinance, law or regulation. (Ord. 573 § 2, 1990).
17.64.080 Appeal of the examiner’s decision on a conditional use permit.
Repealed by Ord. 796. (Ord. 573 § 2, 1990).
17.64.090 General criteria.
Repealed by Ord. 710. (Ord. 573 § 2, 1990).