Chapter 17.347
CONDITIONAL USES

Sections:

17.347.010    Purpose of a conditional use.

17.347.020    Pre-application review.

17.347.030    Application content and review processes.

17.347.040    Criteria for approval, minor modifications and revocation.

17.347.050    Ownership, transfer and cessation of use.

17.347.010 Purpose of a conditional use.

There are certain uses which may be generally similar and appropriate within a given zone, but which, due to the nature of their potential impacts on surrounding land uses and public facilities, require a case-by-case review and analysis. Uses subject to a conditional use review may also possess unique or special characteristics that necessitate certain requirements or “conditions” to review them to successfully be integrated into a particular zone. The intent of the conditional use process is to identify potential negative impacts of a proposal, if any, and determine whether conditions of approval should be imposed on the proposed use to mitigate potential negative impacts. Only if conditions of approval cannot be imposed to mitigate any identified impact should a conditional use be denied. [Ord. 506 § 1 (Exh. A), 2018].

17.347.020 Pre-application review.

Applications for conditional use review or modification of a conditional use review is not subject to pre-application review unless requested by the applicant. Applications must be consistent with CBDC 17.130.020, Pre-application review. [Ord. 506 § 1 (Exh. A), 2018; Ord. 503 § 1 (Exh. B), 2018; Ord. 473 § 3 (Exh. A), 2016. Formerly 17.325.010].

17.347.030 Application content and review processes.

An applicant for a conditional use review shall submit the requisite fee and the information required in CBDC 17.130.040, Application contents, and other information the director or their     designee determines necessary to review the application.

(1) Review of a technically complete application for conditional use review is subject to a Type III process. See CBDC 17.130.100, Type III procedure.

(2) Review of a technically complete application for a minor modification, alteration, intensification or expansion of a previously approved conditional use review is subject to a Type II process consistent with CBDC 17.130.090, Type II procedure. [Ord. 506 § 1 (Exh. A), 2018; Ord. 503 § 1 (Exh. B), 2018; Ord. 473 § 3 (Exh. A), 2016. Formerly 17.325.020].

17.347.040 Criteria for approval, minor modifications and revocation.

(1) The planning commission shall approve or approve with conditions an application for conditional use review if it finds the applicant has sustained the burden of proving that:

(a) The proposed use complies with the applicable requirements of the zone except as otherwise approved by variance or other means consistent with this title;

(b) The site size, dimensions, location, topography, and access characteristics of the site are suitable to accommodate the proposed use and necessary mitigation of potential adverse impacts considering size, shape, location, topography and natural features;

(c) All required public facilities (i.e., water, sanitary waste, drainage and roads) have adequate capacity and design to serve the proposed use either as they exist, or as they may be modified by conditions of approval;

(d) Any impacts related to building mass, parking, access, traffic, noise, vibration, exhaust and emissions, light, glare, erosion, odor, dust, heat, fire hazards, visibility, and safety are no greater than other uses permitted in the zone, or can be mitigated by imposing reasonable conditions of approval which specifically address the potential impact and are intended to reduce the impact to levels consistent with other uses permitted in the zone.

(2) The planning commission may impose, in addition to regulations and standards expressly specified in this title, reasonable conditions of approval necessary to mitigate potential impacts. These conditions may include, but are not limited to, the following:

(a) Increased setbacks, lot size or yard dimensions;

(b) Additional design features necessary to mitigate impacts related to building mass, parking, access, traffic, noise, vibration, exhaust and emissions, light, glare, erosion, odor, dust, heat, fire hazards, visibility, safety, and aesthetic considerations such as, but not limited to, the potential conditions listed below, such as noise, vibration, air pollution, glare, odor and dust;

(c) Restrictions on the location, number and design of vehicular access points to the property;

(d) Requirements of CBMC Title 12, Streets, Sidewalks and Public Places; CBMC Title 13, increases Public Utilities and Services; CBMC Title 15, Buildings and Construction; and CBMC Title 18, Engineering Design Standards;

(e) Increases in right-of-way dedication for street capacity warranted by increases in traffic generated or in turning movements that can be attributed to the project;

(f) Restrictions on the hours, days, place and manner of operations;

(g) Additional requirements for drainage and surfacing of maneuvering, off-street parking and loading areas;

(h) Limits on the location and intensity of outdoor lighting;

(i) Requiring increased buffering between uses, including berming, screening, landscaping and/or fencing;

(j) Arrangement of buildings and use areas on the site;

(k) Other conditions substantiated by state or federal regulations; and

(l) Mitigations for adverse impacts as further specified in Chapter 17.325 CBDC, Mitigation of Adverse Impacts.

(3) Conditions may not be imposed that restrict the use to a specific person or group.

(4) The review authority may approve a minor modification, alteration or expansion of an approved conditional use pursuant to a Type II process if:

(a) The modification, alteration or expansion will result in less than a 20 percent cumulative enlargement or relocation of the structure, floor area, parking area or exterior improvement area, up to a total maximum of 5,000 square feet;

(b) The existing use is in compliance with all conditions of approval of the original review; and

(c) The proposed modification, alteration or expansion is not expressly prohibited by the zone or the conditional use review issued for the existing use.

(5) Revocation of an approved conditional use review is subject to a Type III process. Revocation shall be initiated by the director or their designee by scheduling a hearing and issuing the required notice. Revocation shall not be the exclusive remedy for violation.

The planning commission may revoke or amend a conditional use review pursuant to a Type III process if it finds:

(a) The conditional use is not being conducted consistent with the decision or conditions of approval authorizing the conditional use review or other applicable standards of this title; and

(b) The applicant has failed to remedy the alleged violation within a reasonable time required by the community development department or within 60 calendar days after the city mails notice of such alleged violations to the operator of the conditional use or owner of the property, whichever is first. [Ord. 506 § 1 (Exh. A), 2018; Ord. 503 § 1 (Exh. B), 2018; Ord. 473 § 3 (Exh. A), 2016. Formerly 17.325.040].

17.347.050 Ownership, transfer and cessation of use.

(1) An approved conditional use review is specific to the subject property and cannot be transferred to another property.

(2) The planning commission may limit the conditional use to a specific business or owner, if necessary, to help assure compliance with all conditions of the original conditional use approval; otherwise, a conditional use approval is for the use, not for the specific business, business name, or ownership which may change. However, all conditions of approval continue to apply.

(3) A conditional use approval is automatically revoked if the use is discontinued for a period of 24 months. [Ord. 506 § 1 (Exh. A), 2018; Ord. 503 § 1 (Exh. B), 2018; Ord. 473 § 3 (Exh. A), 2016. Formerly 17.325.050].