19.05.040 Use of basement or other building spaces in the mixed urban zone.
A. Purpose. The purpose of this section is to allow basements or other spaces in buildings existing in the mixed urban (MU) zone, as of the effective date of the ordinance codified in this title, to be considered for uses that are not otherwise permitted, but which, if properly designed and managed, would not create unacceptable impacts on surrounding properties or the area in general. Other spaces, in addition to basements in existing buildings that, due to their location or configuration are not readily usable for permitted uses, as determined by the planning director, may be considered using the process described herein. This process differs from the unlisted use process listed in EMC 19.05.070(B) in that uses that are not specifically authorized in the MU zone may be considered using the process described herein.
B. Review Process.
1. Any request to allow a use that is not otherwise permitted in the MU zone, as provided by this section, shall be reviewed using Review Process II.
2. Review Criteria. The following criteria shall be used as the basis for approving, denying, or conditionally approving a request to allow the use of a basement space, or other space as provided herein, for a use not otherwise permitted in the MU zone.
a. Traffic generated by the proposed use.
b. Noise generated by the proposed use.
c. Impacts from odor, vibration, dust or other nuisances.
d. Aesthetic character and quality of the proposed use.
e. Public safety impacts.
f. Compliance with building and fire codes.
g. Hours of the day of proposed use or activity.
h. Proposed management and operational procedures to minimize and mitigate potential impacts.
i. Other factors not specified herein that would create a conflict with the uses that are permitted in the MU zone.
3. Action. Any proposal that gives the outward appearance of a use or activity that is incompatible with the intent and purpose of the MU zone shall be denied. The city shall retain the right to revoke a permit issued under this section for a use that fails to comply with any conditions of approval of said permit, or which operates in a manner inconsistent with representations made in the application, pursuant to Chapter 1.20 EMC. (Ord. 3774-20 § 5(E) (Exh. 3), 2020.)