Chapter 22.68
CONDITIONAL USE PERMITS
Sections:
22.68.003 Criteria for conditional use permit approval.
22.68.004 Application procedures.
22.68.005 Submittal requirements.
22.68.006 Amendment of conditional use permit.
22.68.008 Duration of a conditional use permit approval.
22.68.009 Limitation on refiling of application.
22.68.001 Purpose.
The purpose of this chapter is to establish decision criteria and procedures for special uses, called conditional uses, which possess unique characteristics. Conditional uses are deemed unique due to factors such as size, technological processes, equipment, type or duration of activity, or location with respect to surroundings, streets, existing improvements, or effects or demands upon public facilities. These uses require a special degree of control to ensure consistency with the comprehensive plan and compatibility with adjacent uses and the character of the surrounding neighborhood or community.
Conditional uses will be subject to review by the hearing examiner and the issuance of a conditional use permit. This process allows the hearing examiner to:
(a) Determine that the location and characteristics of these uses will be compatible with uses permitted in the surrounding area; and
(b) Make further stipulations and conditions that may reasonably ensure that the intent of this title will be served. (Ord. 1638 § 37, 2019; Ord. 1246 § 20, 2000).
22.68.002 Authority.
The hearing examiner may approve, approve with conditions, modify and approve with conditions, or deny a conditional use permit. The hearing examiner shall grant a conditional use permit when it has determined that the criteria listed in FMC 22.68.003 are met by the proposal. The hearing examiner may impose specific conditions upon the use, including an increase in the standards of this title, which will enable the hearing examiner to make the required findings in FMC 22.68.003. These conditions may include, but are not limited to, restrictions in hours of operations; restrictions on locations of structures and uses; structural restrictions which address safety, noise, light and glare, vibration, odor, views, aesthetics, and other impacts; and increased buffering requirements, including open space, berms, fencing and landscaping. (Ord. 1638 § 38, 2019; Ord. 1246 § 20, 2000).
22.68.003 Criteria for conditional use permit approval.
Before any conditional use permit may be granted, the hearing examiner shall adopt written findings showing that the following criteria are met by the proposal:
(a) The proposed use will not be detrimental to the public health, safety, and welfare; injurious to property or improvements in the vicinity; or adversely affect the established character of the surrounding vicinity.
(b) The proposed use will meet or exceed all applicable development, design and performance standards and guidelines required for the specific use, location, or zoning classification.
(c) The proposed use will be consistent and compatible with the goals, objectives and policies of the comprehensive plan.
(d) All conditions necessary to lessen any impacts of the proposed use are measurable and can be monitored and enforced. (Ord. 1638 § 39, 2019; Ord. 1246 § 20, 2000).
22.68.004 Application procedures.
A conditional use permit is classified as a Type III-A application. The processing procedures for this application are described in Chapters 22.05, 22.06, 22.07, 22.08, 22.09 and 22.10 FMC. (Ord. 1246 § 20, 2000).
22.68.005 Submittal requirements.
Application for a conditional use permit shall be submitted on forms provided by the department. A minimum of two sets of plans, materials and other applicable information specified in FMC 22.06.002 shall be submitted with the application. Based on a preliminary review of the proposal, the director may determine that additional information, including the items listed in FMC 22.72.009 (site plan review submittal requirements), is necessary to complete the review and shall be provided by the applicant. (Ord. 1246 § 20, 2000).
22.68.006 Amendment of conditional use permit.
An applicant may request an amendment to an approved conditional use permit by submitting to the department a description of the proposed amendment and accurate plans which clearly identify the proposed changes to the approved design, if applicable. The director may determine that:
(a) The proposed amendment is exempt from further hearing examiner review because it represents a minor change from the terms of the original approval or the originally approved plans and the criteria listed in FMC 22.68.003 continue to be met; or
(b) The proposed amendment is subject to additional hearing examiner review because it represents a major change from the terms of the original approval or to the originally approved plans.
A request to amend an approved conditional use permit which has been determined to be subject to additional review shall be processed using the same procedures applicable to the original conditional use permit process. The hearing examiner may impose conditions on the proposed amendment to ensure that the intent and conditions of the original approval are met. Deviations from an approved conditional use permit are not permitted unless an applicant first obtains approval in accordance with this section. (Ord. 1638 § 40, 2019; Ord. 1246 § 20, 2000).
22.68.007 Performance bond.
The hearing examiner may require as a condition of conditional use permit approval that the applicant furnish the city with a performance bond, or other form of guarantee deemed acceptable by the city attorney, to secure the applicant’s obligation to complete the provisions and conditions of the permit as approved. (Ord. 1638 § 41, 2019; Ord. 1246 § 20, 2000).
22.68.008 Duration of a conditional use permit approval.
In the event that a conditional use permit is not exercised within one year from the effective date of approval, it shall automatically become null and void; provided, however, that for good cause, the hearing examiner may grant a one-time extension of one year if an extension request is filed with the department no less than 45 days prior to the date of expiration for the conditional use permit. A properly filed application for a time extension shall stay the effective date of expiration until action on the request has become final. The process for taking action on the request shall be the same used for the original conditional use permit application. Before taking action to grant an extension, the hearing examiner shall adopt written findings showing that the following circumstances exist:
(a) The proposal approved under the terms of the conditional use permit originally granted remains in conformance with current development standards contained in this title. (If the proposal would no longer conform to this title as a result of more restrictive standards being adopted subsequent to the original approval, the hearing examiner may consider a modified proposal which would comply with the more restrictive standards.)
(b) The findings adopted in support of the original conditional use permit request remain valid and supportive of the time extension request. (Ord. 1638 § 42, 2019; Ord. 1246 § 20, 2000).
22.68.009 Limitation on refiling of application.
No application for a conditional use permit shall be accepted for filing by the director within one year following final action in denying an application for a conditional use permit for the same or substantially the same purpose or property. The director shall deem an application to be substantially the same as the conditional use permit denied if the use to which the property is proposed to be put is the same or substantially the same as that which was considered and disallowed by the earlier final action. (Ord. 1246 § 20, 2000).