Chapter 17.48
CONDITIONAL USES
Sections:
17.48.010 Authorization required.
17.48.020 Criteria and application.
17.48.040 Uses requiring a conditional use permit.
17.48.050 Application procedure for a conditional use.
17.48.010 Authorization required.
(a) Any conditional use of land which is described in this chapter, together with any others not mentioned, may be permitted when authorized pursuant to Chapter 17.08 DMC.
(b) Permitted and Conditional Uses. In residential zones I and II and suburban zone, accessory uses and structures incidental to any permitted residential use, such as servants quarters, garages, greenhouses or workshops; provided, that none shall be rented or occupied for gain, that no accessory building to be used for living quarters shall be constructed upon a plot until the construction of the main building has commenced. (Ord. 669, 1990).
17.48.020 Criteria and application.
(a) In creating use zones, consideration is given to uses which are comparable, compatible or similar.
(b) It is not possible to list and classify every use to which land may be devoted, either now or in the future. The planning commission may recommend appropriate zoning or rezoning under the procedure outlined in the procedure chart for conditional and unclassified uses, DMC 17.72.040, when:
(1) A use is not listed as a permitted or conditional use in any zone;
(2) Any use has come into existence by reason of technical development;
(3) Any use already listed in a zone, because of changes, needs to operate under performance standards more or less restrictive than those of the current zoning. (Ord. 669, 1990).
17.48.030 Purpose.
The purpose of this chapter is to provide the community the opportunity to add conditions or requirements (DMC 17.40.010 and 17.72.040) so that a proposed use becomes more compatible with other existing or adjoining uses within that zone classification. This permit may not be used to reduce zoning requirements on a use, but a variance must then be requested. (Ord. 669, 1990).
17.48.040 Uses requiring a conditional use permit.
A listing of uses requiring a conditional use permit is found on the chart for permitted and conditional uses, DMC 17.40.010. (Ord. 669, 1990).
17.48.050 Application procedure for a conditional use.
The procedure for applying for a conditional use permit is found on the chart for conditional and unclassified uses, DMC 17.72.040.
(1) A property owner may initiate a request for conditional use or the modification of an existing conditional use by filing an application with the zoning administrator using forms prescribed in DMC 17.72.040.
(2) Detailed plans of any items of information may be required by the board of adjustment, subsequent to preliminary approval of a conditional use.
(3) Final approval of a conditional use must be in the best interest of public health, safety and general welfare. No construction related to any conditional use application may be started without first obtaining final approval from the planning commission. (Ord. 708 § 2, 1992; Ord. 669, 1990).