Chapter 18.125 DECISION CRITERIA

Chapter 18.125
DECISION CRITERIA

Sections:

18.125.020 Temporary use permit.

18.125.040 Conditional use permit.

18.125.050 Zone reclassification.

18.125.010 Purpose.

The purposes of this chapter are to allow for consistent evaluation of land use applications and to protect nearby properties from the possible effects of such requests by:

(1) Providing clear criteria on which to base a decision;

(2) Recognizing the effects of unique circumstances upon the development potential of a property;

(3) Avoiding the granting of special privileges;

(4) Avoiding development, which may be unnecessarily detrimental to neighboring properties;

(5) Requiring that the design, scope and intensity of development is in keeping with the physical aspects of a site and adopted land use policies for the area; and

(6) Providing criteria, which emphasize protection of the general character of neighborhoods. (Ord. 42-02 § 2 (21A.44.010))

18.125.020 Temporary use permit.

A temporary use permit shall be granted by the City only if the applicant submits an application and application fee as set forth in the current fee resolution, demonstrating that:

(1) The proposed temporary use will not be materially detrimental to the public welfare;

(2) The proposed temporary use is compatible with existing land uses in the immediate vicinity in terms of noise and hours of operation;

(3) The proposed temporary use, if located in a resource zone, will not be materially detrimental to the use of the land for resource purposes and will provide adequate off-site parking if necessary to protect against soil compaction;

(4) Adequate public off-street parking and traffic control for the exclusive use of the proposed temporary use can be provided in a safe manner; and

(5) The proposed temporary use is not otherwise permitted in the zone in which it is proposed. (Ord. 20-07 § 141; Ord. 42-02 § 2 (21A.44.020))

18.125.030 Variance.

A variance shall be granted by the City only if the applicant submits an application and application fee as set forth in the current fee resolution, demonstrating all of the following:

(1) The strict enforcement of the provisions of this title creates an unnecessary hardship to the property owner;

(2) The variance is necessary because of the unique size, shape, topography, or location of the subject property;

(3) The subject property is deprived, by provisions of this title, of rights and privileges enjoyed by other properties in the vicinity and under an identical zone;

(4) The variance does not create health and safety hazards, is not materially detrimental to the public welfare or is not unduly injurious to property or improvements in the vicinity;

(5) The variance does not relieve an applicant from any of the procedural provisions of this title;

(6) The variance does not relieve an applicant from any standard or provision that specifically states that no variance from such standard or provision is permitted;

(7) The variance does not relieve an applicant from conditions established during prior permit review or from provisions enacted pursuant to Chapter 18.100 CMC, Property-Specific Development Standards/Special District Overlays;

(8) The variance does not allow establishment of a use that is not otherwise permitted in the zone in which the proposal is located;

(9) The variance does not allow the creation of lots or densities that exceed the base residential density for the zone by more than 10 percent;

(10) The variance is the minimum necessary to grant relief to the applicant;

(11) The variance from setback or height requirements does not infringe upon or interfere with easement or covenant rights or responsibilities; and

(12) The variance does not relieve an applicant from any provisions of Chapter 18.65 CMC, Critical Areas, except for the required buffer widths and building setbacks set forth in CMC 18.65.200, 18.65.280, 18.65.310, 18.65.320, or 18.65.360. (Ord. 20-07 § 142; Ord. 42-02 § 2 (21A.44.030))

18.125.040 Conditional use permit.

A conditional use permit shall be granted by the City only if the applicant submits an application and application fee as set forth in the current fee resolution, demonstrating that:

(1) The conditional use is designed in a manner which is compatible with the character and appearance of an existing or proposed development in the vicinity of the subject property;

(2) The location, size and height of buildings, structures, walls and fences, and screening vegetation for the conditional use shall not hinder neighborhood circulation or discourage the permitted development or use of neighboring properties;

(3) The conditional use is designed in a manner that is compatible with the physical characteristics of the subject property;

(4) Requested modifications to standards are limited to those which will mitigate impacts in a manner equal to or greater than the standards of this title;

(5) The conditional use is not in conflict with the health and safety of the community;

(6) The conditional use is such that pedestrian and vehicular traffic associated with the use will not be hazardous or conflict with existing and anticipated traffic in the neighborhood; and

(7) The conditional use will be supported by adequate public facilities or services and will not adversely affect public services to the surrounding area or conditions can be established to mitigate adverse impacts on such facilities. (Ord. 20-07 § 143; Ord. 42-02 § 2 (21A.44.040))

18.125.050 Zone reclassification.

A zone reclassification shall be granted only if the applicant submits an application and application fee as set forth in the current fee resolution, demonstrating that the proposal complies with the criteria for approval specified in CMC 14.35.250 and 14.35.260 and is consistent with the comprehensive plan and applicable community and functional plans. (Ord. 20-07 § 144; Ord. 42-02 § 2 (21A.44.060))