23E.36.090 Findings

A.    In order to approve any Use Permit under this chapter, the Zoning Officer or Board must make the finding required by Section 23B.32.040. The Zoning Officer or Board must also make the findings required by the following paragraphs of this section to the extent applicable.

B.    A proposed use or structure must:

1.    Be compatible with the purposes of the District;

2.    Be compatible with the surrounding uses and buildings;

3.    Not interfere with the continuity of retail and service facilities at the ground level;

4.    Not exceed the amount and intensity of use that can be served by the available traffic capacity and potential parking supply.

C.    For any Use Permit under Section 23E.36.070.D or E, the proposed use or structure must satisfy at least one of the following general purposes:

1.    To encourage use of the ground floor for commercial purposes where appropriate.

2.    To encourage utilization of public transit and existing off-street parking facilities in the area of the proposed building.

3.    To facilitate the construction of residential or tourist hotel uses where appropriate.

4.    To permit consistency with the building setbacks existing in the immediate area where a residential building setback would not serve a useful purpose.

D.    Any reduction of the off-street parking requirements under Sections 23E.36.080.E or 23E.28.130, is subject to the findings in Section 23E.28.140.

E.    In the University Avenue Strategic Plan Overlay area, to approve any reduction of the area of ground level commercial use required along University Avenue under Section 23E.36.070.F.1.b, c and d, the ZAB must find that all of the following conditions exist:

1.    The Project lot is less than 7,500 square feet;

2.    The Project lot is an internal lot without side street access;

3.    Parking cannot be efficiently provided at grade and Project parking conflicts with the requirement for ground floor commercial space;

4.    The reduced commercial area will result in a Project with an enhanced commercial configuration; and

5.    The reduced commercial area promotes pedestrian-oriented activity along University Avenue through the mix of commercial uses, and/or the commercial uses will remain open beyond standard business hours, such as into the evening and on weekends, and the uses shall be visible from University Avenue frontage.

F.    In the University Avenue Strategic Plan Overlay area, to approve any reduction of the area of ground level commercial frontage requirements along University Avenue under Section 23E.36.070.F.1.b and c, the ZAB must find that one or more of the following conditions exist:

1.    The required egress to the Project conflicts with the requirement; or

2.    The minimum driveway access to parking areas conflicts with the requirements; or

3.    The utility needs of the Project conflict with the requirement. (Ord. 6856-NS § 11 (part), 2005: Ord. 6830-NS § 2 (part), 2004: Ord. 6478-NS § 4 (part), 1999)