Chapter 17.355 CONDITIONAL USE

Chapter 17.355
CONDITIONAL USE

Sections:

17.355.020 Quasi-judicial review.

17.355.030 Administrative review.

17.355.010 General.

Certain types of development are not permitted outright in a given zone because of inherent characteristics which may have an adverse effect on other properties in the zoning district. Consequently, such uses are subject first to an administrative review by the public works and development director, or his or her designee, or to a quasi-judicial review by the planning commission, as set forth in Division II of this title, and may be permitted conditionally, if conditions can be imposed to ensure the proposed use may be made compatible with permitted uses in the district, that adverse impacts caused by the proposed use may be lessened or eliminated, and that the proposed use is consistent with the general purposes of this title and comprehensive plan. In granting a conditional use permit, the decision maker may impose additional conditions or restrictions deemed necessary to protect public health, safety or welfare.

Conditional uses shall be subject to all applicable property development standards for the district in which they are to be located and may be subject to site plan and architectural review.

A request for a conditional use permit may be made by a property owner or the owner’s designated representative.

An administrative conditional use is a conditional use subject to discretionary action or permit decision, made without a public hearing, but requiring public notification and an opportunity to appeal. This decision shall be made in accordance with CBMC 17.355.030. [Ord. 93 § 5.13.1, 1987].

17.355.020 Quasi-judicial review.

A public hearing is required before granting a conditional use permit subject to quasi-judicial review and shall be conducted in accordance with all provisions of Chapter 17.300 CBMC.

The planning commission may approve, conditionally approve, or deny a permit for a new conditional use, or the alteration or enlargement of an existing conditional use, only after adopting findings or statements of fact which address all of the criteria enumerated in CBMC 17.355.040. [Ord. 93 § 5.13.2, 1987].

17.355.030 Administrative review.

The public works and development director, or his or her designee, may approve, conditionally approve, or deny a permit for a new administrative conditional use, or the alteration or enlargement of an existing administrative conditional use, only after adopting findings or statements of fact which address all of the criteria set forth in CBMC 17.355.040.

(1) Notice. Before making an administrative decision, the public works and development director, or his or her designee, shall mail notice to all property owners owning property within 250 feet of the external boundaries of the legally described property in the application, and to all city-recognized neighborhood groups whose boundaries include the site.

Notice of the pending administrative decision shall:

(a) Provide a 14-day period for submitting written comments before a decision is made on the permit;

(b) Identify the specific permits or approvals requested;

(c) Describe the location of the subject property, including, but not limited to, any one of the following: a map, postal address, legal description, or tax map designation;

(d) List the relevant approval criteria;

(e) State that if a person fails to address the relevant approval criteria with enough detail, they may not be able to appeal the decision on that issue, and that only comments on the approval criteria shall be considered relevant evidence;

(f) State that all evidence relied upon to make this decision is in the public record, available for public review, and that copies of this evidence can be obtained at a reasonable cost from the city;

(g) State that after the comment period closes, a notice of decision shall be issued, and that the decision shall be mailed to the applicant and to anyone else who submitted written comments or who is otherwise entitled to notice of the decision;

(h) Contain the following notice:

Notice to mortgagee, lien holder, vendor, or seller: If you receive this notice it shall be promptly forwarded to the purchaser.

(2) Notice of Decision.

(a) Within five working days after the decision is signed, a notice of decision shall be mailed to:

(i) The applicant and all owners or contract purchasers of record of the site which is the subject of the application; and

(ii) Any person who submitted a written request to receive notice, or provided comments during the application review period.

(b) The notice of decision shall contain:

(i) A description of the applicant’s proposal and the city’s decision on the proposal;

(ii) A statement of where the city’s decision can be obtained and the date the decision shall become final, unless appealed;

(iii) Notification of rights to appeal, and that appeals must be made in accordance with Chapter 17.305 CBMC.

(c) Final Decision and Effective Date. The decision is final for purposes of appeal when it is mailed by the city. An administrative decision is effective on the day after the appeal period expires. If an appeal is filed, the decision is effective when the appeal is decided. [Ord. 93 § 5.13.3, 1987].

17.355.040 Decision.

A decision to approve or conditionally approve an administrative or quasi-judicial conditional use permit shall be made only after preparing findings or statements of fact which substantiate all of the following criteria:

(1) The site for the proposed use will satisfy the specific conditions and intent set forth in Division IV of this title, if applicable.

(2) The site for the proposed use is adequate in size and shape to satisfy any other property development requirements of the district in which it is located, in addition to any requirements that may be imposed by Division IV of this title.

(3) The site for the proposed use is served by streets and highways which are adequate in width, construction, and placement to safely carry the quantity and kind of traffic generated by the proposed use.

(4) The proposed use will not have an adverse physical effect on the development or use of abutting property. [Ord. 93 § 5.13.4, 1987].

17.355.050 Conditions.

The decision maker may impose conditions when it is determined that the proposed use may have an impact on the site itself or surrounding property by the nature of the proposed use or proposed site. These conditions shall be stated in terms that are specific and measurable so that the applicant is fully aware of the intent and justification of the condition and how and when implementation is to be accomplished. The decision maker has authority to impose conditions which would:

(1) Alter yards, spaces, open space and building placement requirements in order to provide buffering for visual or safety purposes, or to abate other potential impacts.

(2) Prescribe additional fences, walls, and/or landscaping for visual or safety purposes, or to abate other potential impacts.

(3) Require surfacing of parking areas to preserve the quality of improved streets and assure safety of users.

(4) Require the dedication and/or improvement of streets, alleys, or service roads which are within the proposed site, and those thoroughfares which may provide access when the access is essential to the development of the proposed use or when the access will be impaired by the proposed use.

(5) Regulate points of vehicular ingress and egress in order to promote public safety.

(6) Regulate signs and lights in order to preserve value of nearby property, protect them from glare and other distractions, and protect the aesthetic character of the neighborhood.

(7) Require landscaping and maintenance or the retention of trees or other natural features to preserve the environmental quality of the site, protect against natural hazards, and visually screen the proposed site from surrounding uses.

(8) Regulate levels of noise, vibration, odors, and other noxious impacts associated with commercial and industrial uses.

(9) Regulate the operation time of certain activities to conform with the general activity time of the majority of the surrounding property.

(10) Require site plan and architectural review if it would assist in minimizing the conflict between the proposed and existing uses.

(11) Require a time period within which the proposed use shall be developed to ensure full compliance with the permit and conditions.

(12) Require a bond for removal of the use within a specified period of time when the cost of removing the conditional use would be substantial.

(13) Require screening of unsightly development such as trash receptacles, mechanical apparatus, storage areas, or windowless walls.

(14) Require nonremonstrance against an improvement district through a deed covenant to ensure provision of basic services, parks or streets and sidewalks directly benefitting the proposed development.

(15) Require areas set aside for recreation or open space to benefit the proposed development.

(16) Require the placement of fire hydrants or alteration of streets to ensure adequate fire protection.

(17) Require easements for the provision of utilities or to ensure health, safety, and welfare.

(18) Any other requirement deemed necessary for public health, safety, and welfare. [Ord. 309, 2001; Ord. 93 § 5.13.5, 1987].