Chapter 15.125
Conditional Uses
Sections:
15.125.010 Authorization to grant or deny conditional uses.
15.125.020 Conditions which may be placed on a conditional use permit.
15.125.030 Procedure for taking action on a conditional use application.
15.125.040 Time limit on permit for conditional use.
15.125.050 Standards governing conditional uses.
15.125.010 Authorization to grant or deny conditional uses.
A conditional use listed in this division shall be permitted, altered or denied in accordance with the standards in this chapter. In the case of a use existing prior to the effective date of the ordinance codified in this chapter and classified in this chapter as a conditional use, a change in the use or in lot area, or an alteration of structure, shall conform with the requirements for conditional use and is subject to review, application and fee in the same manner as a newly proposed conditional use. In judging whether or not a conditional use proposal shall be approved or denied, the Planning Commission shall weigh its appropriateness and desirability for the public convenience or necessity to be served against any adverse conditions that would result from authorizing the particular development at the location proposed and, to approve such use, shall find that the following criteria are either met, can be met by observance of conditions, or are not applicable. Home occupations are required to obtain a conditional use permit in the event they generate noise, traffic or other factors which reasonably affect neighboring properties in a negative manner. The City Administrator shall make a determination as to whether a conditional use is required. The City Administrator’s decision may be appealed to the City Council.
A. The proposal shall be consistent with the applicable policies of the Comprehensive Plan, the applicable provisions of the zoning code and other applicable policies, regulations and standards adopted by the City of Brownsville.
B. The location, size, design and operating characteristics of the proposal will have minimal adverse impact on the livability, value or appropriate development of abutting properties and the surrounding area, considering such factors as:
1. Location, size and bulk of buildings.
2. Location, size and design of parking areas.
3. Screening, landscaping, exterior lighting, hours of operation, vehicular access and similar factors.
C. The proposal will preserve those historical, archeological, natural and scenic assets of significance to the community and the surrounding area.
D. The proposal will not place an excessive burden on streets, sewage, water supply, drainage systems, parks, schools or other public facilities to the area. [Ord. 717, 2009; Ord. 644 § 1, 1996; Ord. 618 § 11, 1993; Ord. 567A § 10, 1987; Ord. 504 § 7.010, 1980; 1981 Compilation § 8-5:7.010.]
15.125.020 Conditions which may be placed on a conditional use permit.
In permitting a new conditional use or the alteration of an existing conditional use, the Planning Commission may impose, in addition to those standards and requirements expressly specified by this division, additional conditions which it finds necessary to enforce the Comprehensive Plan and to otherwise protect the best interest of the surrounding area or the community as a whole. These conditions may include but are not limited to the following:
A. Limiting the manner in which the use is conducted, including restricting the time a certain activity may take place and establishing restraints to minimize such environmental effects as noise, vibration, air pollution, glare and odor.
B. Establishing a special yard or other open space or lot area or dimension.
C. Limiting the height, size or location of a building or other structure.
D. Designating the size, number, location and nature of vehicle access points.
E. Increasing the amount of street dedication, roadway width or improvements within the street right-of-way.
F. Designating the size, location, screening, drainage, surfacing or other improvement of a parking area or truck loading area.
G. Limiting or otherwise designating the number, size, location, height and lighting of signs.
H. Limiting the location and intensity of outdoor lighting and requiring its shielding.
I. Designating the size, height, location and materials for fences, walls or screening.
J. Protecting and preserving existing trees, vegetation, water resources, wildlife habitat or other significant natural resources.
K. Requiring ongoing maintenance of buildings and grounds and specifying procedures for assuring maintenance.
L. Providing internal property improvements, such as utilities, drainage facilities, streets, curbs, gutters, walkways, parking areas, recreation areas, landscaping, fencing and screening, in order to enhance the area and protect adjacent properties. [Ord. 504 § 7.020, 1980; 1981 Compilation § 8-5:7.020.]
15.125.030 Procedure for taking action on a conditional use application.
The following procedure for taking action on a conditional use application shall be as follows:
A. A property owner may initiate a request for a conditional use by filing an application with the City.
B. Two weeks prior to the Planning Commission hearing, the City Administrator shall post notice of the meeting at City Hall, the post office, and the City library. Twenty days prior to the hearing date, notice of the hearing shall be mailed to all owners of record of property within 200 feet of the exterior boundaries of the property for which the conditional use has been requested. The hearing notice shall also be published in a newspaper of general circulation in the City at least twice within the two weeks prior to the hearing. Failure to receive notice does not invalidate any proceedings in connection with this application. If it is required that a state, federal, local or private agency review the conditional use permit, the agency shall be given a minimum of 20 days to submit its comments.
C. The Planning Commission shall hold a public hearing on the conditional use application. The hearing shall be scheduled within 60 days after the request for conditional use is received.
D. Within five days after a decision has been rendered on a conditional use application, the City Administrator shall provide the applicant with written notice of the decision.
E. An action or ruling of the Planning Commission may be appealed to the City Council as provided in BMC 15.75.020. [Ord. 618 § 12, 1993; Ord. 504 § 7.030, 1980; 1981 Compilation § 8-5:7.030.]
15.125.040 Time limit on permit for conditional use.
Authorization of a conditional use shall be void after two years or such lesser time as the authorization may specify unless substantial construction has taken place. However, the Planning Commission may extend authorization for an additional period not to exceed one year on request. [Ord. 504 § 7.040, 1980; 1981 Compilation § 8-5:7.040.]
15.125.050 Standards governing conditional uses.
In addition to the standards of the zone in which the conditional use is located, and the other standards of this division, conditional uses shall meet the following standards:
A. Home Occupations. A decision for approval of a home occupation shall be based on findings related to the following:
1. The building may be constructed, altered, or changed internally to accommodate the requirements of the home occupation, but the external features of the building shall be the same as those of a residence or accessory building and shall in no way be constructed, altered or changed to resemble a commercial or industrial building.
2. There shall be no exterior storage of materials associated with the home occupation.
3. A home occupation may serve as the base or headquarters of any operation, profession, occupation or business which takes place at any location, or uses or employs no more than two persons other than the members of the family residing on the premises, provided the residential character of the building is maintained and does not infringe upon the right of neighboring residents to enjoy the peaceful occupancy of their homes.
4. No home occupation shall be allowed which requires special permits from the Department of Environmental Quality or any other state, federal or local governmental agency having appropriate regulatory jurisdiction related to air or water quality or to noise.
5. Any existing home occupation operating without a conditional use permit issued by the City will be a nonconforming use which may not expand or otherwise operate beyond or above the present level. [Ord. 618 § 14, 1993; Ord. 567A § 9, 1987; Ord. 504 § 7.050, 1980; 1981 Compilation § 8-5:7.050.]