15.03.120 Conditional use.
A. Overview. A conditional use, identified in Chapter 19.05, means a use which, because of its unusual size, infrequent occurrence, special requirements, possible safety hazards, or other possible detrimental effects on surrounding properties, may be approved only after meeting the requirements of this section.
B. Who May Apply. A property owner, or their designated agent, may apply for a conditional use.
C. Review Process. Each zoning district includes uses which may be permitted if a conditional use is approved. See use tables in Chapter 19.05. The process for consideration of a conditional use is as follows:
1. Conditional uses require a public hearing with action by the hearing examiner following Review Process III. See Chapter 15.02 for procedures.
2. All conditional uses shall be evaluated by the criteria listed in subsection D of this section.
3. Some land uses may be subject to specific use standards set forth in Chapter 19.13. If the conditional use is included in Chapter 19.13, the requirements of that chapter must also be met in conjunction with approval of a conditional use.
4. The planning director is authorized to approve a minor expansion of an existing conditional use using Review Process II.
a. A minor expansion of a conditional use, which was previously considered a special property use prior to adoption of this ordinance, can be reviewed pursuant to subsection (C)(4) of this section.
b. For purposes of this section, a minor expansion shall be not more than twenty-five percent of the land or building gross floor area devoted to the existing conditional use.
5. The hearing examiner may impose conditions to ensure the approval criteria in subsection D of this section are met.
D. Conditional Use Evaluation Criteria. The following criteria shall be used for evaluating conditional uses:
1. The adequacy of utilities, public facilities and services required to serve a proposed use.
2. The impact of traffic generated by the proposed use on the surrounding area, pedestrian circulation and public safety; and the ability of the proponent to mitigate such potential impacts.
3. Compatibility of proposed structures and improvements with surrounding properties, including the size, height, location, setback and arrangements of all proposed buildings and facilities, especially as they relate to light and shadow impacts on more sensitive land uses and less intensive zones.
4. The landscaping, buffering and screening of buildings, parking, loading and storage areas, especially as they relate to more sensitive land uses.
5. The generation of nuisance irritants such as noise, smoke, dust, odor, glare, visual blight or other undesirable impacts.
6. Compliance with the provisions of Title 19 and other city, state and federal regulations.
E. Other Issues.
1. Revocation. The planning director has the authority to review and modify or revoke conditional uses for failure to meet the requirements of a conditional use. Such decisions may be appealed pursuant to Chapter 15.02.600.
2. Transfer of Ownership. A conditional use runs with the land and compliance with the conditions of any such permit is the responsibility of the current owner of the property, whether that is the original applicant or a successor.
3. Permit Expiration. Conditional uses shall complete development and establish the permitted use within three years of approval. The planning director may authorize a one-time extension of six months. If the use is not commenced within that time frame, the conditional use is considered void and a new application is required. The city has no duty or obligation to notify the applicant or current property owner that the permit is due to expire. (Ord. 3774-20 § 3 (Exh. 2), 2020.)