Chapter 18.250
CONDITIONAL USES
Sections:
18.250.010 Pre-application review.
18.250.030 Application contents.
18.250.040 Criteria for approval, minor modifications and revocation.
18.250.050 Expiration and extension.
18.250.060 Transfer prohibited.
18.250.010 Pre-application review.
(1) Applications for conditional use permit or modification of a conditional use permit are subject to pre-application review consistent with LCMC 18.30.020. Pre-application review is not required for an exempt or minor modification to or extension of a conditional use permit.
(2) An applicant for pre-application review of a conditional use permit shall submit the requisite fee and four copies of the following information unless otherwise provided by the city clerk/treasurer:
(a) A completed form provided by the city clerk/treasurer for that purpose;
(b) The name, mailing address, and telephone number of the owner(s), engineer, surveyor, planner, and/or attorney and the person with whom official contact should be made regarding the application;
(c) A preliminary plan at a scale of no more than one inch equals 200 feet, with north arrow, date, graphic scale, existing and proposed lots, tracts, easements, rights-of-way, development, access, parking, maneuvering and structures on the site; existing and proposed natural features on the site, including vegetation, topography and grades; existing and proposed utilities (water, sewer, drainage, fire hydrants); and existing lots, tracts, easements, rights-of-way and structures abutting the site; provided, information about off-site structures and other features may be approximate if such information is not in the public record. The applicant shall provide one copy of the plan reduced to fit on an eight-and-one-half-inch by 11-inch page. Principal features of the plan shall be dimensioned. The applicant is encouraged to submit drawings showing the elevation(s) of proposed structure(s);
(d) Proposed dedications to the city or other agency, if applicable;
(e) A written description of the proposed use or development. The description shall identify applications that are proposed to be filed concurrently with the conditional use application (e.g., land divisions, variances, adjustments or exceptions) or are needed for approval of the plan; and
(f) Other relevant information that would assist the city to review the proposed application and to advise the applicant. [Ord. 2006-17 § 1, 2006.]
18.250.020 Review processes.
(1) Review of a technically complete application for conditional use permit is subject to a Type III process. See LCMC 18.30.100.
(2) Review of a technically complete application for a minor modification, alteration or expansion of a previously approved conditional use permit is subject to:
(a) The review process set out in the decision approving the existing conditional use, if any; or
(b) A Type II process. See LCMC 18.30.090.
(3) Revocation of an approved conditional use permit is subject to a Type III process. Revocation shall be initiated by the city clerk/treasurer by scheduling a hearing and issuing the required notice. Revocation shall not be the exclusive remedy for violation. [Ord. 2006-17 § 1, 2006.]
18.250.030 Application contents.
An applicant for a conditional use permit shall submit the requisite fee and the information required by LCMC 18.30.050, except as otherwise provided therein. [Ord. 2006-17 § 1, 2006.]
18.250.040 Criteria for approval, minor modifications and revocation.
(1) The hearings examiner shall approve or approve with conditions an application for conditional use permit if he or she finds the applicant has sustained the burden of proving that:
(a) The characteristics of the site are suitable to accommodate the proposed use and necessary mitigation of potential adverse impacts considering size, shape, location, topography and natural features;
(b) All required public facilities (i.e., water, sanitary waste, drainage and roads) have adequate capacity to serve the proposed use;
(c) The proposed use complies with the applicable requirements of the zone except as otherwise approved by variance or other means consistent with the La Center Municipal Code;
(d) The establishment, maintenance or operation of the proposed use will not, under the circumstances of the particular case, be significantly detrimental to the health, safety or general welfare of persons residing or working in the neighborhood of such proposed use or be detrimental or injurious to the property and improvements in the neighborhood or to the general welfare of the city.
(2) The hearings examiner may impose, in addition to regulations and standards expressly specified in this title, other conditions of approval necessary to ensure the use complies with applicable approval standards. 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 minimize environmental impacts such as noise, vibration, air pollution, glare, odor and dust;
(c) Restrictions on the location, number and design of vehicular access points to the property;
(d) Additional off-street parking or loading spaces;
(e) Limits on the number, size, location, height and lighting of signs;
(f) Limits on building height, coverage or location;
(g) Restrictions on the hours, days, place and manner of operations;
(h) Additional requirements for drainage and surfacing of maneuvering, parking and loading areas;
(i) Limits on the location and intensity of outdoor lighting;
(j) Requiring certain berming, screening, landscaping and/or fencing;
(k) Requirements under which any future enlargement or alteration of the use shall be reviewed by the city and new conditions imposed;
(l) Requirements for periodic review of the permit.
(3) The review authority 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 all conditions of approval of the original permit;
(c) Such modification, alteration or expansion is not expressly prohibited by the zone or the conditional use permit issued for the existing use.
(4) The hearings examiner may revoke or amend a conditional use permit pursuant to a Type III process if he or she finds:
(a) The conditional use is not being conducted consistent with the decision or conditions of approval authorizing the conditional use permit or other applicable standards of the La Center Municipal Code; and
(b) The applicant has failed to remedy the alleged violation within a reasonable time required by the city clerk/treasurer or within 60 calendar days after the city clerk/treasurer mails notice of such alleged violations to the operator of the conditional use or owner of the property, whichever is first. [Ord. 2006-17 § 1, 2006.]
18.250.050 Expiration and extension.
A conditional use permit expires and can be extended as provided in LCMC 18.30.140. [Ord. 2006-17 § 1, 2006.]
18.250.060 Transfer prohibited.
An approved conditional use permit is specific to the subject property and cannot be transferred to another property. [Ord. 2006-17 § 1, 2006.]