Chapter 17.404
CONDITIONAL USE PERMITS
Sections:
17.404.020 Application submission requirements.
17.404.030 Criteria, standards and conditions of approval.
17.404.010 Purpose.
There are certain uses, which, due to the nature of their impacts on surrounding land uses and public facilities, require a case-by-case review and analysis. These are identified as conditional uses in Chapter 17.202 DMC, allowed uses. The purpose of this chapter is to provide procedures and standards for permitting conditional uses. [Ord. 521-2013 § 3 (Exh. A)].
17.404.020 Application submission requirements.
In addition to the submission requirements for a Type III review under DMC 17.401.040, applications for conditional use permits shall include a narrative report or letter responding to the applicable approval criteria in DMC 17.404.030, description of existing conditions, a site plan, and information on any existing or proposed restrictions or covenants. (For a more detailed description of each item, please refer to DMC 17.402.040, site development review application submission requirements.) Where site development review is also required for a proposed development, only one site plan submittal is required; conformance with the site plan submittal requirements under Chapter 17.402 DMC shall satisfy the site plan submittal requirements for a conditional use permit application. [Ord. 521-2013 § 3 (Exh. A)].
17.404.030 Criteria, standards and conditions of approval.
By means of a Type III procedure, the planning commission shall approve, approve with conditions or deny an application, including requests to enlarge or alter a conditional use, based on findings of fact with respect to all of the criteria and standards in subsections (A) through (C) of this section.
A. Use Criteria.
1. The site size, dimensions, location, topography and access are adequate for the needs of the proposed use, considering the proposed building mass, parking, traffic, noise, vibration, exhaust/emissions, light, glare, erosion, odor, dust, visibility, safety, and aesthetic considerations.
2. The negative impacts of the proposed use, if any, on adjacent properties and on the public can be mitigated through application of other code standards, or other reasonable conditions of approval.
3. All required public facilities, including water, sanitary sewer, and streets, have adequate capacity or are to be improved to serve the proposal, consistent with city standards.
4. A conditional use permit shall not allow a use that is prohibited or not expressly allowed under DMC Division 17.200; nor shall a conditional use permit grant a variance without a variance application being reviewed with the conditional use application.
B. Conditions of Approval. The city may impose conditions that are found necessary to ensure that the use is compatible with other uses in the vicinity, and that any negative impact of the proposed use on the surrounding uses and public facilities is minimized. These conditions include, but are not limited to, one or more of the following:
1. Limiting the hours, days, place and/or manner of operation;
2. Requiring site or architectural design features which minimize environmental impacts such as noise, vibration, exhaust/emissions, light, glare, erosion, odor and/or dust;
3. Requiring larger setback areas, lot area, and/or lot depth or width;
4. Limiting the building or structure height, size, lot coverage, and/or location on the site;
5. Designating the size, number, location and/or design of vehicle access points or parking and loading areas;
6. Requiring street right-of-way to be dedicated and street improvements made, or the installation of pathways or sidewalks, as applicable;
7. Requiring landscaping, screening, drainage, water quality facilities, and/or improvement of parking and loading areas;
8. Limiting the number, size, location, height and/or lighting of signs;
9. Limiting or setting standards for the location, type, design, and/or intensity of outdoor lighting;
10. Requiring berms, screening or landscaping and the establishment of standards for their installation and maintenance;
11. Requiring and designating the size, height, location and/or materials for fences;
12. Requiring the protection and preservation of existing trees, soils, vegetation, watercourses, habitat areas, drainage areas, historic resources, cultural resources, and/or sensitive lands;
13. Requiring improvements to water, sanitary sewer, or storm drainage systems, in conformance with city standards; and
14. The planning commission may require renewal of conditional use permits annually or in accordance with another timetable as approved pursuant to this chapter. Where applicable, the timetable shall provide for periodic review and renewal, or expiration, of the conditional use permit to ensure compliance with conditions of approval; such periodic review may occur through an administrative or quasi-judicial land use review process.
C. Conditional Use Permit Supplemental Requirements. The requirements for compliance with permit conditions and permit expiration are the same as for site development review under DMC 17.402.070. [Ord. 521-2013 § 3 (Exh. A)].