Chapter 18.25
CONDITIONAL USES
Sections:
18.25.010 Power to grant conditional uses.
18.25.030 Conditions for granting a conditional use.
18.25.040 Limiting conditional uses.
18.25.050 Effective date of conditional use.
18.25.060 Exercise of a conditional use.
18.25.070 Cessation of a conditional use.
18.25.080 Transfer of a conditional use.
18.25.090 Expansion of a conditional use.
18.25.100 Reconstruction of a conditional use.
18.25.010 Power to grant conditional uses.
The Planning Commission shall have the power to grant conditional uses listed in this title. (Code 1983 § 90.505.)
18.25.020 Procedures.
A conditional use is a land use action. The procedures governing a request for a conditional use shall be those set forth in Chapter 18.10 MCC, Land Use Actions. (Code 1983 § 90.510.)
18.25.030 Conditions for granting a conditional use.
A conditional use may be granted only if the following conditions are found to exist:
(1) The conditional use that is requested is listed as a conditional use in the zone in which the subject property is located, or is subject to MCC 18.150.050, Criteria for certain transportation facilities and improvements.
(2) Granting of the conditional use will not be materially detrimental to the public welfare or to improvements or residents in the neighborhood of the subject property.
(3) Granting of the conditional use will be consistent with the purpose of the zone in which the subject property is located and with the applicable Comprehensive Plan designation and policies. (Amended by Ord. 1275, June 16, 2009. Code 1983 § 90.515.)
18.25.040 Limiting conditional uses.
In granting a conditional use, the Planning Commission may impose conditions. Such conditions shall include, but not be limited to, limitations on the duration of the conditional use, restrictions on the dimensions of structures, and restrictions regarding the location of structures. Such conditions shall apply to the applicant for the conditional use and to any purchasers, renters, lessees, or subsequent owners of the subject property. A violation of such conditions shall constitute a violation of this title. (Code 1983 § 90.520.)
18.25.050 Effective date of conditional use.
A conditional use granted by the Planning Commission under the provisions of this title shall become effective 12 days after the mailing of notice of the Planning Commission’s action, unless such action is appealed to the City Council. An appeal of the Planning Commission’s decision shall stay such action until the appeal has been heard by the City Council. (Code 1983 § 90.525.)
18.25.060 Exercise of a conditional use.
A conditional use granted under the provisions of this title shall be effective only if exercised within 180 days of the effective date. Failure to exercise the conditional use within 180 days of the effective date renders the conditional use void. Extensions of this time period may be granted by a majority vote of the Planning Commission. Such extensions shall not exceed 180 days. Requests for such extensions shall be submitted in writing to the City at least 30 days prior to the expiration of the effective period of the conditional use. (Code 1983 § 90.530.)
18.25.070 Cessation of a conditional use.
The discontinuance of any activity authorized by a conditional use for a continuous period exceeding 180 days shall be deemed an abandonment of such conditional use. The property affected by the conditional use shall thereafter be subject to all the applicable provisions and requirements of this title. (Code 1983 § 90.535.)
18.25.080 Transfer of a conditional use.
Any conditional use granted to a property owner under the provisions of this title is transferable to subsequent owners of the same property unless otherwise provided at the time of the granting of the conditional use. (Code 1983 § 90.540.)
18.25.090 Expansion of a conditional use.
Any conditional use granted under the provisions of this title shall be granted only for the use or activity as described in the application for the conditional use or as prescribed by the Planning Commission. The enlargement or alteration of a conditional use beyond the size, area, or intensity described in the application or prescribed by the Planning Commission shall be considered a conditional use and shall be subject to all of the provisions of this chapter. (Code 1983 § 90.545.)
18.25.100 Reconstruction of a conditional use.
The Community Development Director shall authorize restoration or replacement of the building(s) associated with a lawful, conditional use when restoration or replacement is made necessary by fire, casualty, or natural disaster, provided the physical restoration or replacement is lawfully commenced within one year of the damage or destruction. This includes building(s) listed as a conditional use in this title constructed prior to the adoption of this title.
Any restoration or replacement that includes the enlargement or alteration of a conditional use beyond the size, area, or intensity that existed prior to the fire, casualty, or natural disaster shall be subject to approval by the Planning Commission, and shall be subject to all of the provisions of this chapter. (Amended by Ord. 1281, August 3, 2010. Code 1983 § 90.550.)