18.25.090 Conditional uses.
(a) Conditional uses are intended to address uses and issues of community-wide importance and are therefore subject to higher standards than permitted uses. The conditional use process is intended to afford the Zoning Administrator the flexibility necessary to approve structures, facilities and uses when they are appropriate to specific sites, uses, designs and situations. The Zoning Administrator may attach conditions of approval to ensure compliance with the general and specific approval criteria of this Code of Ordinances.
(b) All conditional uses must receive approval by the Zoning Administrator prior to commencement of construction of the structure or facility or use of an existing structure or facility. In all applications for approval, the burden of proof shall be on the developer to prove, by a preponderance of the evidence, that the criteria set forth in this section are met. The uses eligible for approval by the Zoning Administrator commission as a conditional use are listed in CCO 18.25.020(e) and 18.25.030(c).
(c) The developer shall meet with the Zoning Administrator to discuss the site, the proposed development and the conditional use permit procedure. The developer shall bring the following materials to this meeting:
(1) Site description, including a complete legal description;
(2) Street address;
(3) Description of existing use and proposed use;
(4) Time frame for development;
(5) Site plan, drawn to scale, and including any streets, alleys, pedestrian improvements, driveways, existing buildings and other structures, proposed improvements, shorelines, slopes, other evidence of natural hazards, parking areas, utility connections, landscaping, signs (location, size and wording), and other pertinent data the Zoning Administrator may deem relevant for the meeting; and
(6) The fee, if any, for conditional use permits as set forth in a schedule of fees adopted by the City Manager and approved by the Council.
If documentation of property boundaries is inadequate to ascertain with certainty their location relative to proposed buildings, the Zoning Administrator may require a property survey or partial survey by a registered land surveyor prior to approval. In addition, an as-built drawing completed by a registered land surveyor may be required upon completion of construction.
(d) The Zoning Administrator shall review the application and shall seek responses from the various departments of the City as the Zoning Administrator determines are necessary or appropriate in light of the proposed conditional use.
(e) The City Clerk shall mail or deliver notice of the application for a conditional use to each person that has an interest in any real property located within 700 feet of the exterior boundaries of the real property which is the subject of the conditional use application. Such notice shall include a deadline for submission of public comments on the proposed conditional use.
(f) Before a conditional use permit is approved, the Zoning Administrator must find that each of the following requirements is met:
(1) The use is so located on the site as to avoid undue noise and other nuisances and dangers;
(2) The development of the use is such that the value of the adjoining property will not be significantly impaired;
(3) The size and scale of the use is such that existing public services and facilities are adequate to serve the proposed use;
(4) The specific development scheme of the use is consistent and in harmony with the comprehensive plan and surrounding land uses;
(5) The granting of the conditional use will not be harmful to the public safety, health or welfare;
(6) The use will not significantly cause erosion, ground or surface water contamination;
(7) The use will comply with all required conditions and specifications if located where proposed and developed and operated according to the plan as submitted and approved;
(8) Comments received from property owners impacted by the proposed development have been considered and given their due weight.
(g) If the Zoning Administrator finds that the development implements all relevant requirements of this title, s/he shall issue a conditional use permit with such conditions and requirements as the Zoning Administrator determines shall be part of the approved permit. If the development does not implement all relevant requirements, or the Zoning Administrator otherwise determines the development is not in compliance with this title, the Zoning Administrator shall deny the permit and note with particularity its reasons for the decision.
(h) Conditions may include one or more of the following:
(1) Development Schedule. The conditions may require the developer to complete the project within a certain period of time and may set time frames for completion of interim steps of development.
(2) Use. The conditions may restrict the use of the development to specific uses indicated in the approval.
(3) Dedications. The conditions may require conveyances of title, licenses, easements or other property interests to the public or to public utilities. The conditions may require construction of public utilities or improvements to public standards and then dedication of public facilities to serve the development and the public.
(4) Construction Guarantees. The conditions may require the posting of a bond or other surety or collateral (which may provide for partial releases) to ensure satisfactory completion of all improvements required by the Zoning Administrator.
(5) Commitment Letter. The conditions may require a letter from a utility company or public agency legally committing it to serve the development if such service is required by the Zoning Administrator.
(6) Covenants. The conditions may require the recording of covenants or other instruments satisfactory to the City as necessary to ensure permit compliance by future owners or occupants.
(7) Design. The conditions may require the adoption of design standards specific to the use and site.
(8) Funding. The conditions may require the developer to provide proof of sufficient funding for the project in such form as the City determines is satisfactory.
(i) When any conditional use authorized under the provisions of this section has been discontinued for a period of one year, it shall be unlawful to use said land or building or premises again for such use unless the owner obtains a new conditional use permit under the process set forth in this section. [Code 1979 § 15.02.090.]