Chapter 18.230
CONDITIONAL USE PERMITS
Sections:
18.230.020 Types of conditional use permit applications.
18.230.040 Conditions authorized.
18.230.050 Neighborhood meeting.
18.230.070 Limitations of permit.
18.230.090 Modification/revocation by review authority.
18.230.010 Purpose.
A conditional use permit is a mechanism by which the city may require special conditions on development or on the use of land in order to ensure that designated uses or activities are compatible with other uses in the same land use district and in the vicinity of the subject property. (Ord. 2013-04 § 2 (Exh. A (part)), 2013: Ord. 2011-02 § 14 (Exh. A (10-13) (part)), 2011. Formerly 18.76.010)
18.230.020 Types of conditional use permit applications.
There are two types of conditional use permits. An administrative conditional use permit (AC) application shall be processed as a Type II permit application; a conditional use permit (C) shall be processed as a Type III (quasi-judicial) permit application. Both Type II and Type III permits shall be processed according to the provisions of Title 19. Land uses and development actions requiring an AC or C shall be identified in use tables in each respective zoning district. (Ord. 2013-04 § 2 (Exh. A (part)), 2013: Ord. 2011-02 § 14 (Exh. A (10-13) (part)), 2011. Formerly 18.76.020)
18.230.030 Review authority.
The review authority for an administrative conditional use permit application (AC) shall be the planning director, and the review authority for a conditional use permit application (C) shall be the hearing examiner, according to the provisions of Title 19. However, the planning director may elect to have any administrative conditional use permit application processed as a Type III conditional use permit application based on unusual characteristics of the land use or development proposal, special characteristics of the area in which they are to be located, or anticipated significant impacts to the surrounding property, neighborhood, or the city as a whole.
If an administrative conditional use permit application is submitted concurrently with any Type III permit application, the applications shall be subject to one combined Type III review and approval process. (Ord. 2013-04 § 2 (Exh. A (part)), 2013: Ord. 2011-02 § 14 (Exh. A (10-13) (part)), 2011. Formerly 18.76.030)
18.230.040 Conditions authorized.
In permitting a conditional use, the review authority may impose, in addition to regulations and standards expressly specified in this title, other conditions found necessary to protect the health, safety and welfare of the surrounding property(ies), neighborhood, and the city as a whole. These conditions may include, but are not limited to:
A. Requirements increasing the required lot size or yard dimensions;
B. Increasing street widths, controlling the location and number of vehicular access points to the property;
C. Increasing the number of off-street parking or loading spaces required;
D. Limiting the number of signs;
E. Limiting the coverage or height of buildings or structures because of obstructions to view and reduction of light and air to adjacent property;
F. Limiting or prohibiting openings in sides of buildings or structures or requiring screening and landscaping where necessary to reduce noise and glare and maintain the property in a character in keeping with the surrounding area; and
G. Requirements under which any future enlargement or alteration of the use shall be reviewed by the city and new conditions imposed. (Ord. 2013-04 § 2 (Exh. A (part)), 2013: Ord. 2011-02 § 14 (Exh. A (10-13) (part)), 2011. Formerly 18.76.040)
18.230.050 Neighborhood meeting.
When the subject site is within or adjacent to a residential zoning district, a neighborhood meeting is required to be conducted by the applicant for a conditional use permit (C) permit and may be required by the planning director for an administrative conditional use permit (AC). Procedures for the neighborhood meeting are identified in Title 19. (Ord. 2013-04 § 2 (Exh. A (part)), 2013: Ord. 2011-02 § 14 (Exh. A (10-13) (part)), 2011. Formerly 18.76.050)
18.230.060 Decision criteria.
The review authority may approve, or approve with conditions, the application for a conditional use permit, if it meets the following criteria. Applications that do not meet all decision criteria will be denied.
A. The conditional use will not be materially detrimental to uses or property in the immediate vicinity of the subject property; and
B. The design is compatible with and responds to the existing or intended character, appearance, quality of development and physical characteristics of the subject property and immediate vicinity; and
C. The conditional use will be served by adequate public facilities including streets, fire protection and utilities; and
D. The conditional use complies with all applicable requirements of this code. (Ord. 2013-04 § 2 (Exh. A (part)), 2013: Ord. 2011-02 § 14 (Exh. A (10-13) (part)), 2011. Formerly 18.76.060)
18.230.070 Limitations of permit.
A. An AC permit or a C permit shall become void two years after approval, or after such greater or lesser time as may be specified as a condition of approval, unless within that time the required building construction, alteration or enlargement has been commenced and diligently pursued, or if no such construction, alteration or enlargement is required, that the permitted use is regularly conducted on the premises. The planning director may extend the permit for one one-year extension.
B. In a case where an application is denied by the review authority and specifically stated to be without prejudice, it shall not be eligible for resubmittal for the period of one year from the date of said denial, unless, in the opinion of the review authority, new evidence is submitted or conditions have changed to an extent that further consideration is warranted. (Ord. 2013-04 § 2 (Exh. A (part)), 2013: Ord. 2011-02 § 14 (Exh. A (10-13) (part)), 2011. Formerly 18.76.070)
18.230.080 Appeal.
The applicant or any party of record may appeal the decision of the review authority as set forth in Title 19. (Ord. 2013-04 § 2 (Exh. A (part)), 2013: Ord. 2011-02 § 14 (Exh. A (10-13) (part)), 2011. Formerly 18.76.080)
18.230.090 Modification/revocation by review authority.
The city may initiate a modification or revocation of an approved administrative conditional use permit and conditional use permit.
A. Modification. The city may initiate a modification to an approved AC or C permit through a Type II process as set forth in Title 19. The review authority of the original permit may delete, modify or impose additional conditions upon finding that the use for which such approval was granted has been intensified, changed or modified by the property owner or by person(s) who control the property without approval so as to significantly impact surrounding land uses.
B. Revocation. The city may revoke an approved AC or C permit through a Type III process as set forth in Title 19. The review authority may revoke an approved permit only upon finding that:
1. Approval of the permit was obtained by misrepresentation of material fact; or
2. The permit is being exercised contrary to the terms of approval. (Ord. 2013-04 § 2 (Exh. A (part)), 2013: Ord. 2011-02 § 14 (Exh. A (10-13) (part)), 2011. Formerly 18.76.090)
18.230.100 Revisions.
A. Minor Revisions. The planning director may approve a minor revision to an approved AC or C permit. Minor revisions are those that entail changes by no more than twenty percent to any approved or existing numeric standard.
Minor revisions will be processed as a Type II permit, and must meet the following decision criteria:
1. The minor revision maintains the intent or purpose of the original approval;
2. The amendment is not materially detrimental to uses or property in the immediate vicinity of the subject property; and
3. The amendment complies with all applicable development regulations.
The planning director may include conditions as part of approving minor revisions.
B. Major Revisions. Any revision to an approved AC or C permit that changes by twenty-one percent or more, any approved or existing numeric standard, or has been determined by the planning director to increase impacts to the surrounding property or neighborhood, is considered a major revision, and is treated as a new application. (Ord. 2013-04 § 2 (Exh. A (part)), 2013: Ord. 2011-02 § 14 (Exh. A (10-13) (part)), 2011. Formerly 18.76.100)
18.230.110 Extension of time.
A. During City Review of CUP Application.
1. A technically complete application shall be deemed null and void if the applicant fails to submit additional information within one hundred eighty days of the planning director or hearing examiner’s written request; further, a technically complete application shall be deemed null and void if the application has been on hold a combined total of one hundred eighty days. If the additional information has not been submitted and accepted by the city, the application will be closed and a new application will be required to be submitted.
2. A technically complete application which has been on hold for a total of one hundred eighty days may request one one-hundred-eighty-day extension. The extension shall be granted if all of the following are met:
a. The applicant requests such an extension in writing no less than thirty days prior to the expiration of the initial one-hundred-eighty-day time period. Verbal requests will not be accepted.
b. The director or hearing examiner finds that unusual circumstances beyond the applicant’s control or other good cause has prevented them from providing the additional information within the initial one-hundred-eighty-day time period.
c. The applicant demonstrates the likelihood that the requested information will be provided to the city within the additional 180-day time period.
d. The planning director shall not grant more than one extension.
If at the end of the one-hundred-eighty-day extension, the additional information has not been submitted and accepted by the city, the application will be closed and a new application will be required to be submitted.
B. After City Permit Approval. Upon written request by the property owner filed no less than thirty days prior to the date of permit expiration, the planning director may grant an extension of time up to but not exceeding one year. Any extensions of time shall be based upon finding:
1. The CUP permit is compliant with all applicable development codes at the time of the extension request.
2. There has been no material change of circumstances applicable to the property since project permit approval.
3. The applicant must provide good cause for the delay, and demonstrate likelihood that the permit will be commenced within the additional year.
4. The planning director shall not grant more than one extension. (Ord. 2013-04 § 2 (Exh. A (part)), 2013)