Chapter 19.67
CONDITIONAL USES
Sections:
19.67.050 Special permit condition.
19.67.060 Time decision is effective.
19.67.010 Purpose.
The purpose of this chapter is to set forth criteria, conditions and procedures for granting or denying a conditional use permit. (Ord. 1555 § 27, 2009).
19.67.020 Hearing examiner.
Conditional use permits shall be granted or denied by the hearing examiner; provided, that the city council may grant or deny a conditional use permit as part of a rezone or a planned residential development under this title. (Ord. 1555 § 27, 2009).
19.67.030 Criteria.
No conditional use shall be granted unless it meets the following criteria:
(1) All special conditions for the particular use are met;
(2) It does not have a significant, adverse environmental impact resulting in excessive noise, light and glare or soil erosion on adjacent property;
(3) It is provided with adequate parking;
(4) It is served with adequate public streets, public utilities and facilities;
(5) It otherwise meets the purpose of the district in which it is to be placed;
(6) It meets the goals and policies of the Oak Harbor comprehensive plan. (Ord. 1555 § 27, 2009).
19.67.040 General conditions.
The following conditions shall be applied to each permit:
(1) A granted conditional use permit may continue as long as all conditions of issuance are met irrespective of the ownership of the property, business, service, use or structure which was the subject of the conditional use permit application, unless a specific expiration date is listed in the conditional use permit;
(2) The conditional use permit must be acted on within one year of the date of granting. Otherwise the conditional use permit shall expire and be null and void;
(3) The conditional use permit applies only to the property for which application is made;
(4) A conditional use that ceases occupancy or active use at the approved property for a continuous period of one year shall not thereafter be permitted to continue at said location. All subsequent use must conform to the regulations for the zoning district in which it is located, unless a new conditional use permit is granted. (Ord. 1991 §§ 1, 2, 3, 2024; Ord. 1555 § 27, 2009).
19.67.050 Special permit condition.
Approval of a conditional use permit application may be conditioned so that the required findings can be made. Permit conditions may include requirements which:
(1) Increase the required lot size or yard dimensions;
(2) Increase street width;
(3) Control the location and number of access points to the property;
(4) Increase the number of off-street parking or loading spaces required;
(5) Limit the number of signs;
(6) Limit the coverage or height of buildings because of obstructions to view and reduction of light and air to adjacent property;
(7) Limit or prohibit openings in sides of buildings or structures or expand requirements for screening or landscaping where necessary to reduce noise and glare and maintain the property in a character in keeping with the surrounding area;
(8) Establish requirements under which any future enlargement or alteration of the use shall be reviewed by the city and new conditions imposed;
(9) Establish regulations for the use of the property as necessary to protect nearby property or improvements from detrimental effects of the proposed use such as limiting the hours of operation or number of employees. (Ord. 1555 § 27, 2009).
19.67.060 Time decision is effective.
The decision of the hearing examiner granting or denying a conditional use permit shall become final as provided in OHMC 19.110.020. (Ord. 1993 § 2, 2024; Ord. 1555 § 27, 2009).