Chapter 18.190
CONDITIONAL USES

Sections:

18.190.010    Purpose.

18.190.020    Processing.

18.190.030    Approval criteria.

18.190.010 Purpose.

The purpose of this chapter is to provide additional flexibility for certain uses that are similar or nonconflicting to the permitted uses in a particular zoning district. Proposed conditional uses may be permitted if the use is compatible with or can be conditioned to comply with the neighborhood or zoning district in which the application is sought. [Ord. 1060 §§ 5, 6, 2010; Ord. 1059 § 2 (Exh. A (12.190.010)), 2010.]

18.190.020 Processing.

Conditional use permits shall be processed as Class 2 review.

A. In considering conditional use permits, the city shall have the discretionary authority to determine and recommend whether a conditional use permit should be granted, and grant conditional use permits with safeguards and limitations as are appropriate under this title. The city may deny those applications that it finds not in harmony with the purpose and intent of adopted plans, policies and this title. Each application is declared to be, and shall be considered as, a separate and unique case.

B. Conditions and safeguards may be prescribed which are in conformity with adopted plans and policies and this title which are considered necessary to protect the best interest of the immediate neighborhood, surrounding area or the city as a whole. These conditions and safeguards may include, but are not limited to, the following:

1. Increase the required lot size, setback or yard dimensions;

2. Limit the height of buildings or structures;

3. Control the number and location of vehicular access points;

4. Require the dedication of additional rights-of-way for future public street improvements;

5. Require the designation of public use easements or drainage easements and the recording of same;

6. Increase the number of required off-street parking and/or loading spaces;

7. Limit the size, shape, location and lighting of signs;

8. Require view-obscuring fencing, landscaping, diking or other facilities to protect adjacent or nearby properties;

9. Designation of sites and/or size of open space or recreational areas;

10. Site reclamation upon discontinuance of use and/or expiration or revocation of the special exception permit;

11. Set a time for a public hearing to afford a review of the conditional use permit granted;

12. Limit the period of time that the conditional use permit is allowed; and

13. Require annual inspections be made to ensure compliance with the permit and may require that the inspections be paid for by the owners of the conditional use facility.

C. All physical conditions required by the city shall be completed prior to reviewing authorization to occupy the use as defined in the application.

D. The failure to comply with the terms and conditions of approval may result in the suspension or revocation of a conditional use permit and/or civil or criminal penalties.

E. A conditional use permit shall become void if:

1. The property/structure stands vacant for 12 continuous months or more or the use changes substantially.

2. Construction of new development is not completed and certificate of occupancy is not granted within 12 months of all permit approvals; provided, that the planning and historic preservation commission may, upon showing of good cause, extend the time limitations for a period of three months. [Ord. 1060 §§ 5, 6, 2010; Ord. 1059 § 2 (Exh. A (12.190.020)), 2010.]

18.190.030 Approval criteria.

Applications for conditional uses shall be processed as a Class 2 review and may be approved based on a finding that the following criteria have been met:

A. The use is consistent with the provisions of this Roslyn Municipal Code and the Roslyn comprehensive plan.

B. The proposed use will be designed, constructed, operated and maintained in a manner that is compatible with the existing or intended character, appearance, quality of development and physical characteristics of the subject property and the general vicinity.

C. The location, size, and height of buildings, structures, walls, fences, and screening vegetation for the proposed use do not hinder neighborhood circulation or discourage the permitted development or use of neighboring properties.

D. The type of use, hours of operation, and appropriateness of the proposed use in relation to adjacent uses does not create unusual hazards or result in adverse impacts.

E. The proposed use will be served by adequate public facilities and services and not adversely affect public services to the surrounding area.

F. Measures proposed by the project sponsor and/or imposed as conditions of approval will reasonably avoid or mitigate potential adverse impacts. [Ord. 1060 §§ 5, 6, 2010; Ord. 1059 § 2 (Exh. A (12.190.030)), 2010.]