Chapter 18.105
CONDITIONAL USE PERMIT
Sections:
18.105.010 Purpose.
Certain types of uses require special consideration prior to being permitted in a particular district. The reasons for requiring special consideration involves, among other things, the size of the area required, the nature of the traffic problems, the effect such uses have on any adjoining land uses and on the growth and development of the community as a whole. The uses are listed in each use district as a conditional use. [Ord. 640 § 1, 1985; Ord. 810, 2000; Code 2000 § 11.30.31.]
18.105.020 Authority.
The planning commission may approve, approve with conditions, or deny the application for a conditional use permit. In permitting a conditional use, the planning commission may impose conditions found necessary to protect the best interests of the surrounding property or neighborhood, or the city as a whole. A conditional use permit shall not grant variances to the regulations prescribed by this title.
(A) Authorization to Grant or Deny Conditional Uses.
(1) Uses designated in this title as conditional uses permitted shall be permitted or enlarged or altered upon approval of the commission in accordance with the standards and procedures specified in this chapter.
(2) The conditions may include, but are not limited to, the following requirements:
(a) Increasing the required lot size or yard dimensions;
(b) Controlling the location and number of vehicular access points to the property;
(c) Increasing street width;
(d) Increasing the number of off-street parking or loading spaces required;
(e) Limiting the number of signs;
(f) Limiting the coverage or height of buildings because of obstruction to view or reduction of light or air to adjacent property;
(g) Requiring sight-obscuring fencing and landscaping where necessary to reduce noise or glare or maintain the property in a character in keeping with the surrounding area; and
(h) Requirements under which any future enlargement or alteration of the use shall be reviewed by the city and new conditions imposed.
(3) Change in use, expansion or contraction of site area, or alteration of structures or uses classified as conditional existing prior to the effective date of the ordinance codified in this title shall conform to the regulations pertaining to conditional uses. If the site is found inappropriate for the use requested, the commission may deny approval of the conditional use.
(4) In addition to all other applicable standards and authority regulating the consideration of applications for a conditional use for home occupation, the following standards and conditions shall apply:
(a) A conditional use permit for a home occupation shall be valid for a period of one year following the effective date of the approval. No person operating an authorized home occupation shall have employees engaged in the home occupation on the premises other than members of the person’s immediate family. See CMC 18.20.080 and 18.25.080 for home occupation standards.
(b) No signs, placards, notices or other materials advertising the home occupation shall be erected, placed or permitted to be affixed to the land or dwelling within which the home occupation is being conducted. See Chapter 18.175 CMC for sign code standards.
(c) A conditional use permit for home occupation can be renewed for an additional one-year period, without an additional application fee, if the application for renewal is filed not less than 60 days prior to the expiration of the permit. The planning commission may impose additional conditions upon the permit upon renewal to carry out the purposes of the underlying zoning district. [Ord. 604 § 2, 1983; Ord. 640 § 1, 1985; Ord. 810, 2000; Code 2000 § 11.30.32.]
18.105.030 Procedures.
(A) Application. A request for a conditional use or modification of an existing conditional use may be initiated by a property owner or his authorized agent by filing an application form prescribed by the community development director and shall be filed with the community development director.
(B) Approval Criteria. The approval, approval with conditions or denial of an application for conditional use or to enlarge or to alter a conditional use shall be based on findings of fact with regard to each of the following approval standards:
(1) The proposed development will comply with the comprehensive plan;
(2) The applicable requirements of the zoning district are satisfied; and
(3) That the location, size, design, and functional characteristics of the proposed use are such that it can be made reasonably compatible with and have a minimum impact on the livability and appropriate development of other properties in the surrounding neighborhood;
(4) The granting of the proposal will provide for a facility that is consistent with the overall needs of the city.
(C) Modifications. A request to substantially modify an existing conditional use permit shall be processed in the same manner as a new request for a conditional use permit. Minor modifications of an existing conditional use permit may be approved by the community development director. When an interpretation is discretionary, notice shall be provided in accordance with Chapter 18.15 CMC.
(D) Public Hearing Required. A public hearing shall be scheduled for each application requiring action by the planning commission. The hearing shall be conducted at the next regularly scheduled planning commission meeting where legally sufficient notice can be provided to the public prior to the hearing, following receipt and verification of a completed application. Notice of the time, place and purpose of the public hearing shall be given in accordance with the requirements of CMC 18.15.030.
(E) Notification of Action. The community development director shall notify the applicant of the conditional use decision rendered by the planning commission, in writing within five days after the decision has been made.
(F) Time Limit on Approvals. A conditional use permit shall become void two years after the date of final approval or after such time less than two years as may be specified as a condition of approval unless prior to that time a building permit has been issued for the project and substantial construction has taken place.
(G) Special Conditions.
(1) The permit granted pursuant to the provisions of this section shall run with the land and shall continue to be valid upon a change of ownership of the site or structure unless otherwise specified in conditions attached to the permit.
(2) The applicant shall file a copy of the approved conditional use permit with the Washington County Department of Records and Elections. Building permits shall not be issued until the applicant has provided evidence satisfactory to the city of compliance. [Ord. 640 § 1, 1985; Ord. 810, 2000; Code 2000 § 11.30.33; Ord. 841 Exh. 2, 2003; Ord. 2020-05 § 1 (Exh. A), 2020.]