Chapter 17.148
CONDITIONAL USE PERMITS
Sections:
17.148.040 Submittal requirements.
17.148.060 Hearings examiner action.
17.148.070 Validity and effect.
17.148.010 Purpose.
In certain districts, conditional uses may be permitted, subject to the granting of a conditional use permit. Because of their unusual characteristics, or the special characteristics of the area in which they are to be located, conditional uses require special consideration so that they may be properly located with respect to the objectives of this title and their effect on surrounding properties. The conditional use permit process is not intended to allow uses in areas where uses are otherwise excluded; the intended purpose is to allow in certain districts expressly specified uses, which might otherwise be excluded if not for the possibility, created by the conditional use process, of close scrutiny and regulation by the hearing examiner. To ensure this limitation on the operation of the conditional use permit process, conditional uses specified elsewhere in this title are to be interpreted narrowly. (Ord. 99-008 § 2(E) (part), 1999)
17.148.020 Applicability.
The provisions of this section shall apply to all uses listed as conditional in the applicable zoning sections of this title. (Ord. 99-008 § 2(E) (part), 1999)
17.148.030 Procedures.
Conditional use permit requests shall be processed as a Type III land use action; provided, that the decision by the hearing examiner on a conditional use permit shall be final unless appealed. (Ord. 99-008 § 2(E) (part), 1999)
17.148.040 Submittal requirements.
A. The applicant shall submit all information required for a Type III submittal as set forth in BGMC 17.200.050, as well as the following:
1. A site plan, prepared pursuant to Chapter 17.143 BGMC, which depicts the proposal in relation to surrounding uses within three hundred feet on all sides of the subject site depicting existing streets, utilities, buildings, driveways, watercourses, wetlands and other environmentally sensitive areas;
2. A written statement addressing the following:
a. Describing how the proposal meets all of the criteria in BGMC 17.148.050,
b. How the proposed use is consistent with the comprehensive plan,
c. A description of any specific proposed mitigation measures that will assure compatibility with surrounding uses and the general neighborhood;
3. A traffic study, if required by the planning director;
4. Other such information as may be reasonably required by the director. (Ord. 99-008 § 2(E) (part), 1999)
17.148.050 Criteria.
A. In order to grant any conditional use, the hearing examiner must find that the establishment, maintenance or operation of the use applied for will not, under the circumstances of the particular case, be significantly detrimental to the health, safety or general welfare of persons residing or working in the neighborhood of such proposed use or be detrimental or injurious to the property and improvements in the neighborhood or to the general welfare of the city.
B. In reviewing and acting upon conditional uses, the planning director and the hearing examiner shall consider whether any specific requirements for the conditional use have been made as specified elsewhere in this title, and in addition shall consider the following as appropriate:
1. Access to the site is appropriate considering the anticipated volume of traffic resulting from the use;
2. Off-street parking and loading facilities are adequate in terms of location, amount and design to serve the use;
3. The number, size and type of signs proposed are compatible with the surrounding area;
4. The amount and location of open space and the provision of screening is such that buffering of incompatible uses is achieved;
5. The location and intensity of outdoor lighting is such that it does not cast light on adjacent, adjoining or neighboring properties;
6. Hours and manner of operation of the proposed use are not inconsistent with the adjacent or nearby uses;
7. Public facilities and utilities are capable of adequately serving the proposed use;
8. The proposed use will not have a significant adverse effect on the health, safety and general welfare and character of adjacent land uses or the general area;
9. The physical conditions of the site, including size, shape, topography and drainage, are suitable for the proposed development;
10. The proposed use is consistent with the goals and objectives of the comprehensive plan;
11. Whether all pertinent and applicable laws have been met as contained in the Revised Code of Washington, the Washington Administrative Code and this code, together with all applicable federal laws;
12. Any other factors deemed relevant to the planning director or the hearing examiner. (Ord. 99-008 § 2(E) (part), 1999)
17.148.060 Hearings examiner action.
A. In permitting a conditional use the hearing examiner may impose, in addition to regulations and standards expressly specified in this chapter, other conditions found necessary to protect the health, safety and general welfare of the surrounding property or neighborhood, or the city as a whole. These conditions may include but are not limited to requirements increasing the required lot size or yard dimensions, increasing street widths, controlling the location and number of vehicular access points to the property, increasing the number of off-street parking or loading spaces required, limiting the number of signs, limiting the coverage or height of buildings because of obstructions to view and reduction of light and air to adjacent property, limiting or prohibiting openings in sides of buildings or structures or requiring screening and landscaping where necessary to reduce noise and glare and maintain the property in a character in keeping with the surrounding area, and requirements under which any future enlargement or alteration of the use shall be reviewed by the city and new conditions imposed.
B. Approval of a conditional use, with the accompanying site plan and any conditions of approval thereof, shall constitute site plan review approval as required by Chapter 17.143 BGMC. (Ord. 99-008 § 2(E) (part), 1999)
17.148.070 Validity and effect.
A. Conditional use permits shall be valid for a period of five years following the date of final decision by the hearing examiner.
B. No building or other permit shall be issued in any case where a conditional use permit is required by the terms of this title until after the approval of the conditional use by the hearing examiner. An appeal from an action of the hearing examiner shall automatically stay the issuance of a building permit or the activity permitted or other permit until such appeal has been completed.
C. The decision of the hearing examiner on a conditional use permit request is the final decision pursuant to Chapter 17.200 BGMC. Appeals of the hearing examiner decision shall proceed directly to Clark County superior court. (Ord. 15-04 § 34, 2015: Ord. 99-008 § 2(E) (part), 1999)
17.148.080 Revocation.
The planning director may initiate revocation proceedings pursuant to BGMC Title 20 on any conditional use permit for substantial noncompliance with conditions set forth in the granting of said permit. The authority to revoke a CUP shall reside with the hearing examiner, and may only be exercised after first holding a public hearing and giving notice of such hearing as provided in Chapter 17.200 BGMC. The foregoing shall not be the exclusive remedy, and it is unlawful and punishable pursuant to BGMC Title 20 for any person to violate any condition imposed by a conditional use permit. (Ord. 04-024 § 50, 2004: Ord. 99-008 § 2(E) (part), 1999)