Chapter 17.347 CONDITIONAL USES

Chapter 17.347
CONDITIONAL USES

Sections:

17.347.010 Purpose of a conditional use.

17.347.030 Application content and review processes.

17.347.040 Criteria for approval, conditions, minor modifications and revocation.

17.347.050 Ownership, transfer and cessation of use.

17.347.010 Purpose of a conditional use.

The purpose of the conditional use process is to allow desirable uses possessing unique or special characteristics that require conditions for the use to be successfully integrated into a particular zone. [Ord. 541 § 6 (Exh. 1), 2021; Ord. 506 § 1 (Exh. A), 2018].

17.347.020 Pre-application review.

Applications for conditional use review or modification of a conditional use review are subject to the requirement for a pre-application consistent with CBDC 17.130.035, Pre-application review. [Ord. 541 § 6 (Exh. 1), 2021; Ord. 506 § 1 (Exh. A), 2018; Ord. 503 § 1 (Exh. B), 2018; Ord. 473 § 3 (Exh. A), 2016. Formerly 17.325.010].

17.347.030 Application content and review processes.

An application for a conditional use review shall submit the requisite fee and the information required in CBDC 17.130.040, Application contents for all application types, and other information the director determines necessary to review the application for consistency with the approval criteria.

(1) Review of a technically complete application for conditional use review and conditional use permit processing by the city is subject to either a Type II or a Type III threshold, contingent upon the development or use type and/or size. See CBDC 17.130.090, Type II procedure, and 17.130.100, Type III procedure.

(2) Review of a technically complete application for a minor modification, alteration, intensification or expansion of a previously approved conditional use review is subject to a Type II process consistent with CBDC 17.130.145. [Ord. 541 § 6 (Exh. 1), 2021; Ord. 506 § 1 (Exh. A), 2018; Ord. 503 § 1 (Exh. B), 2018; Ord. 473 § 3 (Exh. A), 2016. Formerly 17.325.020].

17.347.040 Criteria for approval, conditions, minor modifications and revocation.

(1) Criteria for Approval. The review authority will assess potential impacts of the proposal related to building mass, parking, access, traffic, noise, vibration, exhaust and emissions, light, glare, erosion, odor, dust, heat, fire hazards, visibility, and safety, and shall approve or approve with conditions an application for conditional use review if it finds the applicant has sustained the burden of proof for the following:

(a) The use is listed as a conditional use in the underlying district;

(b) The characteristics of the site are suitable for the proposed use considering size, shape, location, topography, existence of improvements and natural features;

(c) The proposed use will not alter the character of the surrounding area in a manner which substantially limits, impairs or precludes the use of surrounding properties for the primary uses listed in the underlying district;

(d) The proposal satisfies the goals and policies of the city comprehensive plan which apply to the proposed use;

(e) There are adequate utilities, access roads, drainage, and other necessary improvements to allow the land use, or improvements;

(f) Negative impacts from the proposal can be mitigated by imposing reasonable conditions to reduce impacts.

(2) Conditions. The review authority may impose, in addition to regulations and standards expressly specified in this title, reasonable conditions of approval necessary to mitigate potential impacts. These conditions may include, but are not limited to, the following:

(a) Increased setbacks, lot size or yard dimensions;

(b) Additional design features necessary to mitigate impacts related to building mass, parking, access, traffic, noise, vibration, exhaust and emissions, light, glare, erosion, odor, dust, heat, fire hazards, visibility, safety, and aesthetic considerations such as, but not limited to, the potential conditions listed below, such as noise, vibration, air pollution, glare, odor and dust;

(d) Requirements of CBMC Title 12, Streets, Sidewalks and Public Places, CBMC Title 13, Public Utilities and Services, CBMC Title 15, Buildings and Construction, and CBMC Title 18, Engineering Design Standards;

(e) Increases in right-of-way dedication for street capacity warranted by increases in traffic generated or in turning movements that can be attributed to the project;

(f) Restrictions on the hours, days, place and manner of operations;

(g) Additional requirements for drainage and surfacing of maneuvering, off-street parking and loading areas;

(h) Limits on the location and intensity of outdoor lighting;

(i) Requiring increased buffering between uses, including berming, screening, landscaping and/or fencing;

(j) Arrangement of buildings and use areas on the site;

(k) Other conditions substantiated by state or federal regulations; and

(l) Mitigations for adverse impacts as further specified in Chapter 17.325 CBDC, Mitigation of Adverse Impacts.

(3) Minor Modifications. The director may approve a minor modification, alteration or expansion of an approved conditional use pursuant to a Type II process if:

(a) The modification, alteration or expansion will result in less than a 20 percent cumulative enlargement or relocation of the structure, floor area, parking area or exterior improvement area, up to a total maximum of 5,000 square feet;

(b) The existing use is in compliance with the intent, use and all conditions of approval of the original review; and

(c) The proposed modification, alteration or expansion is not expressly prohibited by the zone or the conditional use review issued for the existing use.

(4) Revocation of a Conditional Use Permit. Revocation of an approved conditional use permit is subject to a Type II process. Revocation shall be initiated by the director and is subject to Chapter 17.130 CBDC. Revocation shall not be the exclusive remedy for violation. The director may revoke or amend a conditional use permit if the director finds one or more of the following:

(a) The conditional use is not being conducted consistent with the decision or conditions of approval authorizing the conditional use review or other applicable standards of this title;

(b) The applicant has failed to remedy the alleged violation within a reasonable time required by the director or within 60 calendar days after the city mails notice of such alleged violations to the operator of the conditional use or owner of the property, whichever is first;

(d) The conditional use ceases to operate for a period of more than one year. [Ord. 541 § 6 (Exh. 1), 2021; Ord. 506 § 1 (Exh. A), 2018; Ord. 503 § 1 (Exh. B), 2018; Ord. 473 § 3 (Exh. A), 2016. Formerly 17.325.040].

17.347.050 Ownership, transfer and cessation of use.

(1) An approved conditional use review is specific to the subject property and development proposal and cannot be transferred to another property.

(2) The review authority may limit the conditional use to a specific business or owner, if necessary, to help assure compliance with all conditions of the original conditional use approval; otherwise, a conditional use approval is for the use, not for the specific business, business name, or ownership which may change. However, all conditions of approval continue to apply.

(3) The review authority may limit the conditional use to a specific time frame and require periodic review of the authorized use.

(4) A conditional use approval is automatically revoked if the use is discontinued for a period of 24 months. [Ord. 541 § 6 (Exh. 1), 2021; Ord. 506 § 1 (Exh. A), 2018; Ord. 503 § 1 (Exh. B), 2018; Ord. 473 § 3 (Exh. A), 2016. Formerly 17.325.050].