Chapter 17.22
CONDITIONAL USE PERMITS
Sections:
17.22.030 Application procedure.
17.22.050 Approval requirements and conditions.
17.22.060 Required findings for approval.
17.22.070 Post-decision procedures.
17.22.010 Purpose.
The purpose of a conditional use permit is to allow certain uses that contribute to the orderly growth and development of the City to be properly integrated into the surroundings in which they are to be located. The conditional use permit process is intended to provide an opportunity for public review and evaluation of site specific requirements and characteristics, to provide adequate mitigation of any potentially adverse impacts, and to ensure that all site development standards and performance standards are provided pursuant to this Title. In addition, the conditional use permit ensures ongoing compliance with conditions of operation which may be applied to the use in order to protect public health, safety, and welfare, and to ensure compliance with the goals, objectives, and policies of the General Plan. (Ord. 1603 § 4 (Exh. I), 2023)
17.22.020 Applicability.
(A) No person shall undertake, conduct, or use, or cause to be undertaken, conducted, or used, any projects which require a conditional use permit, without having first complied with the provisions of this Division.
(B) Uses listed in the land use permissions tables with “CUP” may be allowed in the applicable zone pursuant to the provisions of this Chapter.
(C) Pre-Existing Use. Any use existing on the effective date of the ordinance codified in this Title which was allowed subject to an approved conditional use permit shall be deemed a pre-existing use. The use may continue pursuant to this Title; provided, that the use is operated and maintained pursuant to the conditions prescribed at the time of its establishment, if any. Any expansion of the use with a previously approved conditional use permit which has become nonconforming due to the adoption of this Title or any subsequent amendments thereto shall comply with PMC Chapter 17.28 (Nonconforming Uses, Structures and Parcels) regulating nonconforming uses until the use is brought into conformance with this Title. Any use existing on the effective date of the ordinance codified in this Title which would require approval of a conditional use permit to be established in that zone, but for which the approval has not been obtained, shall be deemed a nonconforming use and regulated by PMC Chapter 17.28 (Nonconforming Uses, Structures and Parcels). (Ord. 1603 § 4 (Exh. I), 2023)
17.22.030 Application procedure.
(A) Pre-Application. Submittal of a pre-application, and meeting with City staff and interested agencies through a DAB meeting, may be conducted pursuant to PMC § 17.20.030 (Pre-application).
(B) Formal Application Submittal.
(1) After submittal of a pre-application and a DAB meeting has been held, when applicable, the applicant shall prepare a comprehensive floor plan and complete the required application forms supplied by the City. The applicant shall file said plans and application with the Department, along with all applicable fees as adopted by City Council resolution. Information requested on the application form and other processing requirements, including but not limited to the number of copies requested, maps, graphics or informational reports and studies, shall be determined by the Department.
(2) The applicant may be required to clarify, correct, or supply additional information before the application is determined by the City to be complete. Upon making the determination as to whether the application conforms to these standards, the City will notify the applicant in writing when the application has been accepted, or whether the application has been deemed incomplete, within the time limitations outlined in PMC § 17.20.050 (Time limitations for application acceptance).
(C) Plans. The application shall be accompanied by the required number of floorplans, drawn at a scale approved by the Department, on standard sheets of 24 inches by 36 inches. The plans shall indicate all information as specified in the checklist provided by the Department.
(D) Other Pertinent Information, As Required. Where deemed necessary by the Department to complete the City’s review and evaluation of the proposed use, additional information may be required regarding ongoing use of the site, including but not limited to hours of operation, number of employees, provisions for on- or off-site security, and other similar conditions of operation. (Ord. 1603 § 4 (Exh. I), 2023)
17.22.040 Review Authority.
The Planning Commission shall review and approve with conditions, or deny requests for conditional use permits, or review and approve modifications to a conditional use at a public hearing, pursuant to PMC § 17.20.020 (Notification procedures). (Ord. 1603 § 4 (Exh. I), 2023)
17.22.050 Approval requirements and conditions.
(A) Conditional use permit approval shall only apply to the property for which the application was made, and shall apply to that property as long as the use for which approval was granted is in effect, regardless of changes in ownership.
(B) In granting any conditional use permit, the Review Authority may affix those conditions which it deems necessary in order to safeguard the public health, safety, and general welfare of the zone and to ensure compliance with the goals, policies, and objectives of the General Plan. Where the use is proposed, the adjacent land uses, environmental significance or limitations, topography, or traffic circulation is found to so require, the Review Authority may establish more stringent regulations than those otherwise specified for the zone in which the project is located.
(C) The following requirements for the regulation of uses and operations on the site may be placed upon the development project by the Review Authority as conditions of approval:
(1) Regulation of use;
(2) Regulation of time for certain activities;
(3) Duration of use;
(4) Regulation of noise, vibration, odors, and lights;
(5) Maintenance of special setbacks, spaces, and buffer areas;
(6) Regulation of points of vehicular ingress and egress;
(7) Regulation of signs;
(8) Required landscaping and site maintenance; and
(9) Any other conditions to ensure the possible use of the site and surrounding area in an orderly and efficient manner, and in conformity with the intent and purposes of this Title. (Ord. 1603 § 4 (Exh. I), 2023)
17.22.060 Required findings for approval.
The Review Authority will determine the merits of the proposed conditional use permit, and its compliance with the principles, standards, policies, and goals of the General Plan, this Title and other applicable ordinances and codes adopted by the City, in order to protect the public health, safety, and general welfare. Approval shall be based upon the following minimum criteria, which shall also constitute the findings to be made by the Review Authority in approving or denying a conditional use permit:
(A) The proposed use is consistent with the goals, policies, and objectives of the General Plan;
(B) The proposed use is beneficial and desirous to the community and is consistent with the purpose, intent and standards of this Title and other applicable ordinances and codes adopted by the City;
(C) The proposed use and the ongoing operation of the use will not have a substantial adverse effect on abutting property or the allowed use thereof, and will not generate excessive noise, vibration, traffic, or other disturbances, nuisances, or hazards; and
(D) The site for the proposed use has adequate pedestrian and vehicular access. (Ord. 1603 § 4 (Exh. I), 2023)
17.22.070 Post-decision procedures.
(A) Appeal. Prior to its effective date, any decision made on a conditional use permit may be appealed to the City Council, pursuant to the provisions of PMC § 17.20.110 (Appeal procedures).
(B) Revisions and Modifications. Revisions or modifications of conditional use permits can be requested by the applicant pursuant to the procedures and criteria specified below.
(1) Minor Revisions. A revision or modification to an approved conditional use permit including, but not limited to, minor changes in operations, floor plan, etc., which will not increase or change the use or intensity of the site, may be acted on by the Director upon submittal of an application, required materials, and applicable fees for minor modification, pursuant to PMC § 17.26.040 (Minor modifications to approved plans).
(2) Major Revisions. A major revision or modification to an approved conditional use permit that does not qualify for a minor modification as described within PMC § 17.26.040(B) and which includes, but is not limited to, expansions or intensification of the use, may be requested by the applicant. The request shall be processed through the submittal of a major modification or new conditional use permit application, as determined by the Director.
(C) Revisions/Modification/Revocation by the Planning Commission. The Planning Commission may review, modify, or revoke a conditional use permit as specified below.
(1) The Planning Commission may review and examine, during a public hearing, any conditional use permit to ensure that it is being operated in a manner that is consistent with the conditions of approval or in a manner which is not detrimental to the public health, safety, or welfare, or materially injurious to properties in the vicinity.
(2) Modification or Revocation by the Review Authority.
(a) After scheduling a date for a public hearing, the Director shall notify the applicant and owners of the conditional use permit in question. Such notice shall be sent by certified mail and shall state that the Review Authority will be reviewing the conditional use permit for possible modification or revocation. It shall also state the date, time, and place of hearing. The public hearing shall be conducted and noticed pursuant to PMC § 17.20.020 (Notification procedures).
(b) The Director shall fully investigate the evidence and prepare a report for consideration by the Review Authority. Upon conclusion of the public hearing, the Review Authority shall render a decision to do one of the following measures:
(i) Find that the conditional use is being conducted pursuant to the terms and conditions of the conditional use permit and in an appropriate manner and that no action to modify or revoke is necessary;
(ii) Find that the conditional use is not being conducted pursuant to the terms and conditions of the conditional use permit or in an appropriate manner and that modifications to conditions are necessary; or
(iii) Find that the conditional use is not being conducted pursuant to the terms and conditions of the conditional use permit or in an appropriate manner and that measures are not available to mitigate the impacts of the use; upon making this determination, the Review Authority may revoke the conditional use permit and order the operation to cease and desist in the time allotted by the Review Authority.
(3) If the Review Authority either modifies or revokes a conditional use permit, the resolution shall state the reasons for the action.
(D) New Applications Following Denial or Revocation. Following the denial or revocation of a conditional use permit application, no application for a conditional use permit for the same or substantially the same use at the same or substantially the same location shall be filed within one year from the date of denial or revocation. (Ord. 1603 § 4 (Exh. I), 2023)