Chapter 19.67
CONDITIONAL USES
Sections:
19.67.050 Special permit condition.
19.67.060 Time decision is effective.
19.67.010 Purpose.
The purpose of this chapter is to set forth criteria, conditions and procedures for granting or denying a conditional use permit. (Ord. 1555 § 27, 2009).
19.67.020 Hearing examiner.
Conditional use permits shall be granted or denied by the hearing examiner; provided, that the city council may grant or deny a conditional use permit as part of a rezone or a planned residential development under this title. (Ord. 1555 § 27, 2009).
19.67.030 Criteria.
No conditional use shall be granted unless it meets the following criteria:
(1) All special conditions for the particular use are met;
(2) It does not have a significant, adverse environmental impact resulting in excessive noise, light and glare or soil erosion on adjacent property;
(3) It is provided with adequate parking;
(4) It is served with adequate public streets, public utilities and facilities;
(5) It otherwise meets the purpose of the district in which it is to be placed;
(6) It meets the goals and policies of the Oak Harbor comprehensive plan. (Ord. 1555 § 27, 2009).
19.67.040 General conditions.
The following conditions shall be applied to each permit:
(1) The conditional use shall not be transferable to a subsequent user unless specifically authorized by the hearing examiner who finds it appropriate and a permit authorizing the transferability is on record with the Island County auditor;
(2) The conditional use permit must be acted on within one year of the date of granting. Otherwise the conditional use permit shall expire and be null and void;
(3) The conditional use permit applies only to the property for which application is made. (Ord. 1555 § 27, 2009).
19.67.050 Special permit condition.
Approval of a conditional use permit application may be conditioned so that the required findings can be made. Permit conditions may include requirements which:
(1) Increase the required lot size or yard dimensions;
(2) Increase street width;
(3) Control the location and number of access points to the property;
(4) Increase the number of off-street parking or loading spaces required;
(5) Limit the number of signs;
(6) Limit the coverage or height of buildings because of obstructions to view and reduction of light and air to adjacent property;
(7) Limit or prohibit openings in sides of buildings or structures or expand requirements for screening or landscaping where necessary to reduce noise and glare and maintain the property in a character in keeping with the surrounding area;
(8) Establish requirements under which any future enlargement or alteration of the use shall be reviewed by the city and new conditions imposed;
(9) Establish regulations for the use of the property as necessary to protect nearby property or improvements from detrimental effects of the proposed use such as limiting the hours of operation or number of employees. (Ord. 1555 § 27, 2009).
19.67.060 Time decision is effective.
The decision of the hearing examiner is final 10 days after the date of action by the hearing officer. The decision of the hearing examiner shall be final unless appealed to superior court within 10 days from the date of action. (Ord. 1555 § 27, 2009).