Chapter 19.25
CONDITIONAL USE PERMITS
Sections:
19.25.030 Application submission requirements.
19.25.040 Criteria, standards, and conditions of approval.
19.25.010 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. Conditional uses are identified in Chapter 18.45 HMC, Zoning District Regulations. The purpose of this chapter is to provide procedures and standards for permitting conditional uses. [Ord. 987 § 1 (Exh. A), 2022.]
19.25.020 Approvals process.
The Planning Commission, using a Type III procedure, per HMC 19.10.040, reviews conditional use applications. The Planning Commission may require annual, or less frequent, renewal of conditional use permits.
Modifications to conditional use permits are subject to Chapter 19.30 HMC, Modifications to Approved Plans and Conditions. [Ord. 987 § 1 (Exh. A), 2022.]
19.25.030 Application submission requirements.
In addition to the submission requirements for a Type III review under HMC 19.10.040, applications for conditional use permits shall include a description of existing conditions, a site plan, and information on any existing and any proposed restrictions or covenants. (For a more detailed description of each item, please refer to HMC 19.25.040, Criteria, standards, and conditions of approval.) An application for a conditional use permit shall also contain a narrative report or letter responding to the applicable approval criteria in HMC 19.25.040. [Ord. 987 § 1 (Exh. A), 2022.]
19.25.040 Criteria, standards, and conditions of approval.
The Planning Commission shall approve, approve with conditions, or deny an application for a conditional use, 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 (1) and (2) of this section.
1. Use Criteria.
a. 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;
b. The negative impacts of the proposed use, if any, on adjacent properties and on the public is mitigated through application of code standards and, as applicable, conditions of approval, or conditions of use, as may be imposed by the Planning Commission;
c. All required public facilities, including water, sanitary sewer, and streets, have adequate capacity or are to be improved to adequately serve the use, consistent with City standards; and
d. A conditional use permit shall not allow a use that is prohibited under Chapters 18.40 and 18.45 HMC; nor shall a conditional use permit grant a variance without a separate variance application being reviewed concurrently with the conditional use application.
2. Conditions of Approval. The City may impose conditions of approval that are found necessary to ensure that the use is compatible with other uses in the vicinity, and that the 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:
a. Limiting the hours, days, place, and/or manner of operation;
b. Requiring site or architectural design features which minimize environmental impacts such as noise, vibration, exhaust/emissions, light, glare, erosion, odor, and/or dust;
c. Requiring larger setback areas, lot area, and/or lot depth or width;
d. Limiting the building or structure height, size, lot coverage, and/or location on the site;
e. Designating the size, number, location, and/or design of vehicle access points or parking and loading areas;
f. Requiring street rights-of-way to be dedicated and street improvements made, or the installation of pathways, sidewalks, or traffic control devices or features;
g. Requiring landscaping, screening, drainage, drainage detention, water quality facilities, and/or improvement of parking and loading areas;
h. Limiting the number, size, location, height, materials, and/or lighting of signs;
i. Limiting or setting standards for the location, type, design, and/or intensity of outdoor lighting;
j. Requiring berms, screening, or landscaping and the establishment of standards for their installation and maintenance;
k. Requiring and designating the size, height, location, and/or materials for fences;
l. Requiring the protection and preservation of existing trees, soils, vegetation, watercourses, habitat areas, drainage areas, historic resources, cultural resources, and/or sensitive lands;
m. Requiring improvements to water, sanitary sewer, or storm drainage systems, in conformance with City standards; and
n. The Planning Commission may require periodic review and 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 period review may occur through a Type III review process, except where the Planning Commission delegates authority to the City Administrator to issue renewals, which may be authorized through either a Type I or Type II procedure, as applicable (see Chapter 19.10 HMC for review procedures). [Ord. 987 § 1 (Exh. A), 2022.]
19.25.050 Revocation.
1. A conditional use permit may be suspended or revoked at any time upon the following findings and actions by the City Administrator:
a. The permit holder has been notified in writing by the City Administrator of one or more violation(s) of the conditional use permit and given 30 days to correct the violation(s).
b. If after 30 days the permittee has not cured the violation, the City Administrator shall provide notification of pending suspension of the conditional use permit.
c. After notice of suspension, the permittee has 15 business days to cure the violation(s) or close operation or file an appeal with the Planning Commission.
d. If a conditional use permit is revoked or suspended by the City Administrator or Planning Commission, the permit holder shall, within 15 business days, suspend all operations.
e. Those businesses or property owners who continue to operate 15 days after a suspension or revocation of a CUP shall be subject to a daily violation in accordance with the provisions of ORS 92.990 and/or Chapter 1.10 HMC. [Ord. 987 § 1 (Exh. A), 2022.]