Chapter 18.92
CONDITIONAL USE PERMITS
Sections:
18.92.030 Application requirements.
18.92.040 Imposition of conditions by the board of adjustment.
18.92.060 Required elements of findings of fact and conclusions.
18.92.010 Intent.
Conditional use permits (CUPs) are intended to provide a detailed review of proposed uses and/or developments that have the potential to result in greater or less predictable impacts in a particular district than those uses that are allowed outright. Conditions may be required to mitigate any impacts identified in the review process. Since a public hearing and completion of State Environmental Policy Act (SEPA) review are both required for CUPs, a greater opportunity is provided for public involvement. (Ord. 889 § 19, 2000)
18.92.020 Procedures.
CUPs shall be processed according to permit processing procedures outlined in Chapter 18.100 OMC, as now exists or may hereafter be amended. The board of adjustment reviews the CUP application in light of comments and recommendations provided by staff and public agencies and holds a public hearing to hear public testimony on the proposal. The board of adjustment makes their final decision including written findings of fact and conclusions that provides the basis for the decision. Appeals of the board of adjustment final decision occur in Okanogan County superior court. (Ord. 889 § 19, 2000)
18.92.030 Application requirements.
A complete application shall be submitted as prescribed in OMC 18.100.030, as now exists or may hereafter be amended. (Ord. 889 § 19, 2000)
18.92.040 Imposition of conditions by the board of adjustment.
A. The board of adjustment shall base its determination to impose conditions upon provisions of the comprehensive plan which are applicable to the geographic area or proposed use in question and upon pertinent purposes of the zoning ordinance.
B. The following conditions shall apply to all CUPs:
1. Mitigation measures proposed and accepted by the SEPA administrator shall automatically become conditions of the CUP.
2. If construction pursuant to a CUP is not initiated within one year of issuance of the permit it shall be invalid and the applicant must reapply. If an applicant is able to show delays have occurred beyond the applicant’s control, an extension for up to one year may be allowed by the board of adjustment, provided the applicant files for the extension within one year of the issuance of the CUP.
3. If a use is not initiated within one year of issuance of a CUP according to the applicable conditions or within one year of completion of construction, whichever is applicable, the permit shall be invalid and an application must be resubmitted. Initiation of a use shall mean that the proposed use has commenced consistent with the entire scope of the application and all applied conditions. If an applicant is able to show delays have occurred beyond the applicant’s control, an extension for up to one year may be allowed by the board of adjustment provided the applicant files for the extension within one year of the issuance of the CUP.
4. Unless otherwise approved (i.e., if project phasing is allowed), all construction activities shall be completed and approved by the administrator prior to initiation of the conditional use. If phasing of a project is approved, a development agreement specifically identifying the components and timing of each phase shall be executed between the city and the applicant. If a construction activity is required by an applied condition, the use shall not be allowed to be initiated until the required work is completed and approved by the administrator.
C. The board of adjustment may impose any additional conditions upon granting the conditional use permit subject to the following limitations:
1. That the conditions imposed are reasonably calculated to achieve the intent identified in OMC 18.92.010, as now exists or may hereafter be amended;
2. That such conditions are not unnecessarily burdensome;
3. That a conditional use permit is required and appropriate to the circumstances;
4. That the proposed conditions imposed will be in harmony with the purposes of the comprehensive plan as it relates to the circumstances;
5. That the proposed conditions will protect the public health, safety, morals and general welfare; and
6. That the use with conditions imposed will be in compliance with the purposes and requirements set out in this title for the zoning district where the use is located.
D. The following are examples of the types of conditions which the board of adjustment may impose:
1. Require a performance bond or acceptable surety in an amount and with conditions satisfactory to the city council, providing for and securing to the city the performance of conditions imposed on the construction of improvements;
2. Specify a time limit within which action for which the conditional use permit is required shall be begun or completed, or both;
3. Require an annual review of the issued permit to assure compliance with any implied conditions;
4. Increase the required lot size or yard dimension;
5. Limit the height or total lot space coverage of buildings;
6. Impose conditions on all matters relating to automobile and pedestrian traffic control and design;
7. Require suitable landscaping including screening;
8. Control signing;
9. Stipulate the exact location of activities or structures as means of minimizing hazards to life, limb, property, erosion, landslide, traffic, etc.;
10. Require structural features or equipment essential to serve the same purpose set forth in subsection (D)(13) of this section;
11. Control nuisance-generating features in matters of noise, color, air pollution, wastes, vibration, traffic, physical hazards, etc.;
12. Control hours of operation; and
13. Insure against imposing excessive demands upon public services and facilities.
E. In permitting a conditional use, the board of adjustment may impose, in addition to the regulations and standards expressly specified in this title, other conditions found necessary to protect the best interest of the surrounding property, the neighborhood or the city as a whole.
F. In addition to the conditions which may be imposed by the board of adjustment, a conditional use permit shall at least comply with the standards of the zoning district in which it is located as described in Chapters 18.15 through 18.64 OMC, and Chapters 18.72 through 18.84 OMC, as they exist now or may hereafter be amended.
G. The board of adjustment shall identify and state the purpose or purposes sought to be achieved by imposing conditions in connection with the permit and shall include this information in their respective findings of facts and conclusions. (Ord. 889 § 19, 2000)
18.92.050 Basis for denial.
A. The board of adjustment may deny an application for conditional uses for the following reasons; provided, that the imposition of conditions cannot satisfactorily address the issue:
1. The use is not consistent with the comprehensive plan goals and objectives for the particular location but denial cannot be made solely for this reason if the use is explicitly allowed in the district by CUP;
2. Circumstances in the particular location of the proposed use will pose a potential threat to public health, safety and/or welfare which cannot be addressed by conditions; and
3. Controversy exists as to the meaning of a particular provision of this title and such provision is construed liberally in the favor of the general public interest in accordance with OMC 18.12.020, as that section now exists or may hereafter be amended regarding the interpretation of this title.
B. The board of adjustment shall cause the preparation of findings of fact and conclusions that clearly reveal their basis for the denial of a CUP. (Ord. 889 § 19, 2000)
18.92.060 Required elements of findings of fact and conclusions.
All CUP application decisions of the board of adjustment shall at a minimum, but not limited to, determine the relevant facts and make a conclusion regarding the following elements of the proposal:
A. Identify the specific use(s) that require the issuance of a conditional use permit; and
B. Identify all existing and proposed activities and uses of the subject property; and
C. Identify the likely positive and negative impacts the proposed project will have on adjacent and nearby properties; and
D. Identify the most relevant proposed design and/or operational measures to reduce or control the possible negative effects the proposed project may have; and
E. Identify how, if at all, it is consistent with the purpose and intent of the subject zoning district; and
F. Identify how, if at all, the proposed project advances and is consistent with the goals, polices and programs of the city’s comprehensive plan. (Ord. 889 § 19, 2000)