Chapter 18.52


18.52.010    Variances.

18.52.020    Conditional use permits.

18.52.030    Zoning reclassifications.

18.52.040    Amendments.

* Prior legislation: Ord. 786.

18.52.010 Variances.

See Chapter 14.110 BLMC. (Ord. 988 § 2, 2003).

18.52.020 Conditional use permits.

A. A conditional use permit is required for certain uses in certain zones because of those uses’ unusual size, infrequent occurrence, special requirements, possible safety hazards or detrimental effects on surrounding properties, or similar reasons.

B. Conditional use permits shall be Type 3 permits.

C. In determining whether a conditional use permit should be granted, the hearing examiner shall consider the following factors:

1. Whether the proposed use is injurious to the public welfare and convenience;

2. The impact of the proposed use on the subject property and/or other properties in the surrounding area;

3. The character of the area in which the use is proposed;

4. The intent of the zoning code and comprehensive plan of the city; and

5. The availability of municipal services such as water, sewer, roads, fire and police protection which might be required by reason of the proposed use.

D. In addition to the requirements of subsections A through C of this section, conditional use permits for essential public facilities (EPF) shall be subject to the requirements of this section.

1. In addition to the application materials required for any permit required to construct or modify the EPF, the applicant shall submit the following material:

a. Information demonstrating compliance with any existing multi-jurisdictional siting criteria in selecting the proposed location for the EPF; and

b. Information regarding all alternative sites considered for the proposed EPF, including information about why such alternative sites were not selected.

2. In addition to the decision criteria applicable to any permit required to construct or modify the EPF, the city may approve, or approve with modifications, a proposal to construct or modify an EPF if:

a. The location and design are consistent with any planning document under which the proposing agency, special district or organization operates, as determined by the person or body having authority to interpret such document;

b. The location, design, use and operation of the EPF complies with any applicable guidelines, rules, regulations or statutes adopted by state law, or any agency or jurisdiction with authority.

A building which houses all or a majority of an EPF must be compatible with the architectural form of surrounding buildings. This requirement is not applicable to an EPF where significant elements of the facility are not housed in a building or to isolated minor elements such as utility meters;

c. An EPF may be permitted in the R-1, R-2, R-3, RC-5, DM or DC zoning classification, only if there is an operational or other need that requires locating in that district to achieve the purpose or function of the EPF;

d. If the city determines that the EPF is potentially dangerous to human life, appropriate protective measures may be required.

3. The hearing examiner may impose conditions on the location, design, use or operation of the EPF within the scope of the city’s authority in order to mitigate identified environmental, public safety or other impacts of the EPF. (Ord. 1520 § 4, 2015; Ord. 1505 § 23, 2015; Ord. 988 § 2, 2003).

18.52.030 Zoning reclassifications.

A. The purpose of a zoning reclassification is to amend the zoning map to better implement the comprehensive plan.

B. Site-specific zoning reclassifications not processed concurrently with a comprehensive plan amendment shall be Type 4 permits.

C. Area-wide zoning reclassifications and site-specific zoning reclassifications processed concurrently with a comprehensive plan amendment are legislative actions, to be processed in accordance with Chapter 14.140 BLMC.

D. Zoning reclassifications may be initiated by the planning commission, the city council, or anyone with ownership interest in the land.

E. The criterion for granting zoning reclassifications shall be conformance to the comprehensive plan. (Ord. 1505 § 24, 2015; Ord. 1466 § 5, 2013; Ord. 988 § 2, 2003).

18.52.040 Amendments.

See Chapter 14.140 BLMC. (Ord. 988 § 2, 2003).