A. It is the intent of this chapter to provide a process to allow for uses that are not permitted outright within a zone. Such uses typically require a special degree of control to make sure that they are consistent with the intent of the zone and compatible with other existing and permitted uses within the zone. Only those uses listed as requiring either an administrative or conditional use permit within a particular zone qualify for this process. The planning director or designee may determine that other similar uses which are not listed may also qualify for this process. This process shall not replace the variance procedure in Chapter 18.70 ACC or be used to permit uses that are prohibited within the zone.

B. Uses subject to administrative use approval are those which typically have some potential for impacts to neighboring properties, but which may be permitted within a zone following review by the city to establish conditions mitigating impacts of the use and to assure compatibility with other uses in the zone.

C. Uses subject to conditional use approval are those uses that typically have a greater intensity and/or potential for impacts to surrounding properties, and/or special characteristics that may not generally be appropriate as a use permitted outright within a zone, but may be permitted subject to review by the hearing examiner to establish conditions to protect public health, safety and welfare, and to assure compatibility with other uses in the zone. (Ord. 6269 § 22, 2009; Ord. 4840 § 1, 1996; Ord. 4773 § 1, 1995; Ord. 4229 § 2, 1987.)

A. Administrative Use Permits. An application for an administrative use permit shall be reviewed in accordance with ACC Title 14 as a Type II decision, subject to the additional provisions of this section. The planning director or designee shall make the final decision unless the application is forwarded to the hearing examiner pursuant to subsection (A)(2) of this section, in which case the hearing examiner will make the final decision.

B. Conditional Use Permits. An application for a conditional use permit shall be reviewed in accordance with ACC Title 14 as a Type III decision. A request for a conditional use permit shall be heard by the hearing examiner in accordance with the provisions of Chapter 2.46 ACC. The hearing examiner shall make the final decision.

C. When a proposal includes more than one element that requires administrative use and/or conditional use approval, the following review processes shall apply:

A. A completed permit application form signed by the property owner(s) and/or applicant;

B. A statement that the applicant attests by written oath to the accuracy and completeness of all information submitted for an application;

C. A site plan meeting the requirements of the applicable submittal checklist, which at a minimum includes the information in ACC 18.64.035;

D. Applicable filing fee(s), if any, as established in the current city of Auburn fee schedule and relevant deposit(s), if any, as permitted or required by other chapters or sections of the Auburn City Code;

E. Any additional information as required by the applicable submittal checklist or other chapters of this title for the proposed use. (Ord. 6269 § 22, 2009; Ord. 6185 § 6, 2008; Ord. 4840 § 1, 1996; Ord. 4229 § 2, 1987.)

A. The site plan required by ACC 18.64.030(C) shall include the following information:

B. The submitted site plan shall be adopted and made part of any approved administrative or conditional use permit. For the duration of any administrative or conditional use permit, subsequent building permits and construction activity shall be in accord with the approved site plan.

C. Adjustments to the site plan may be approved as follows:

A. The use will not have a substantively greater adverse effect on the health, safety or comfort of persons living or working in the area and will not be substantively more injurious, economically or otherwise, to property or improvements in the surrounding area than would any use generally permitted in the district. Among matters to be considered are traffic flow and control, access to and circulation within the property, off-street parking and loading, refuse and service area, utilities, screening and buffering, signs, yards and other open spaces, height, bulk, and location of structures, location of proposed open space uses, hours and manner of operation, and noise, lights, dust, odor, fumes and vibration;

B. The proposal is in accordance with the goals, policies and objectives of the comprehensive plan;

C. The proposal complies with all requirements of this title;

D. The proposal can be constructed and maintained so as to be harmonious and appropriate in design, character, and appearance with the existing or intended character of the general vicinity;

E. The proposal will be supported by adequate public facilities and services and will not adversely affect the public infrastructure;

F. The proposal will not cause or create a public nuisance;

G. The proposal’s impacts can be appropriately mitigated through the application of conditions of approval, as applicable. (Ord. 6269 § 22, 2009; Ord. 4840 § 1, 1996; Ord. 4773 § 1, 1995; Ord. 4229 § 2, 1987.)

A. In order to mitigate any significant adverse impact or support a finding of fact or prevent and abate public nuisances associated with the proposal, conditions may be imposed which could increase requirements in the standards, criteria, or regulations of this title or other city legislation or adopted policies.

B. Administrative or conditional use permit approvals shall be valid for the specific use authorized on a property, subject to the revocation provisions of ACC 18.64.070. A change in use shall cause the administrative or conditional use permit to automatically expire.

C. Administrative or conditional use permit approvals, or the portions thereof, that authorize hours of operation shall be valid for the specific use and hours of operation authorized on a property, subject to the revocation provisions of ACC 18.64.070. A change in use or hours of operation outside that authorized by the administrative or conditional use permit shall cause the permit to automatically expire. (Ord. 6269 § 22, 2009; Ord. 4840 § 1, 1996; Ord. 4773 § 1, 1995; Ord. 4229 § 2, 1987.)

A. Administrative Use Permits. Any affected party may appeal the planning director’s final decision to the hearing examiner as provided for in Chapters 14.13 and 18.70 ACC. If the planning director forwards an application to the hearing examiner for a public hearing and decision pursuant to ACC 18.64.020(A)(2)(b), a request for reconsideration and/or appeal of the hearing examiner’s final decision may be submitted as provided for in Chapter 2.46 ACC. The planning director’s decision to forward an application to the hearing examiner for public hearing and decision may not be appealed.

B. Conditional Use Permits. Any affected party may submit a request for reconsideration and/or appeal the hearing examiner’s final decision as provided for in Chapter 2.46 ACC. (Ord. 6442 § 25, 2012; Ord. 6269 § 22, 2009.)

A. Unless specified elsewhere, an administrative or conditional use permit shall be implemented within two years of the approval. If a building permit or occupancy permit is required for the administrative or conditional use and has not been issued within the two-year period, then the administrative or conditional use permit shall be null and void.

B. The planning director or designee may grant one extension of the time period for implementation of the administrative or conditional use permit of up to 12 months following the submittal of a written request by the holder of the permit a minimum of 30 calendar days prior to the expiration date of the permit. (Ord. 6269 § 22, 2009; Ord. 4840 § 1, 1996; Ord. 4229 § 2, 1987.)

A. Fraud in obtaining the permit;

B. Concealment or misrepresentation of any material fact on the application or on any subsequent applications or reports;

C. The operation is found to be in violation of the approved plans, conditions of approvals, or the terms of the permit and the owner has failed to correct the violation after proper notice thereof. (Ord. 6269 § 22, 2009; Ord. 4840 § 1, 1996; Ord. 4229 § 2, 1987.)