Bellevue City Zoning Code

CHAPTER 1209

Conditional Use Permits

1209.01 PERMITS.

The provisions of this Chapter apply to the location and maintenance of any and all Conditional Uses. Permits are required before any use listed as a conditional use may be established or expanded.

(Ord. 1-15. Passed 2-23-15.)

1209.02 PURPOSE.

In recent years, the characteristics and impacts of an ever-increasing number of new and unique uses, together with the broadening of numerous conventional uses, have fostered the development of more flexible regulations designed to accommodate these activities in a reasonable and equitable manner, while safeguarding both the property rights of all individual and the health, safety, and general welfare of the community. Toward these ends, it is recognized that this Ordinance should provide for more detailed evaluation of each use conditionally permissible in a specific district with respect to such consideration as location, design, size, method (s) of operation, intensity of use, public facilities requirements, and traffic generation. Accordingly, conditional use permits shall conform to the procedures and requirements of this Zoning Ordinance.

(Ord. 1-15. Passed 2-23-15.)

1209.03 APPLICATION CONTENTS.

Any owner or agent thereof, of property for which a conditional use is proposed shall make an application for a conditional use permit by filing it with the Zoning Administrator, who shall, within seven (7) days, transmit it to the Board of Zoning Appeals. Such application, at a minimum, shall contain the following information:

(a) Name, address and phone number of the applicant;

(b) Zoning District;

(d) Description of proposed conditional use;

(e) A plan of the proposed site for the conditional use, showing the location of all buildings, parking and loading areas, streets and traffic access, open spaces, refuse and service areas, utilities, signs, yards, landscaping features, and such other information as the Board may require;

(f) A narrative statement discussing the compatibility of the propose use with the existing uses of adjacent properties and with the comprehensive plan, to include an evaluation of the effects on adjoining properties of such elements as traffic circulation, noise, glare, odor, fumes, and vibration;

(g) A list containing the names and mailing addresses of all owners of property within 500 feet of the property in question;

(h) A fee as established by Ordinance.

(Ord. 1-15. Passed 2-23-15.)

1209.04 GENERAL STANDARDS.

In addition to the specific requirements for conditionally permitted uses as specified in this Chapter, the Board shall review the particular facts and circumstances of each proposed use in terms of the following standards and shall find adequate evidence showing that such use at the proposed location:

(a) Is in fact a conditional use as established under the provision of Chapter 1207 and appears on the Schedule of District Regulations adopted for the zoning district involved;

(b) Will be in accordance with the general objectives, or with any specific objective, of the City's Comprehensive Plan And/or the Zoning Ordinance;

(c) Will be designed, constructed, operated, and maintained so as to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and that such use will not change the essential character of the same area;

(d) Will not be hazardous or disturbing to existing or future neighboring uses;

(e) Will be served adequately by essential public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water and sewer, and schools; or that the persons or agencies responsible for the establishment of the proposed use shall be able to provide adequately any such services;

(f) Will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community;

(g) Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property, or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare, or odors;

(h) Will have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public thoroughfares;

(i) Will not result in the destruction, loss, or damage of a natural, scenic, or historic feature of major importance.

(Ord. 1-15. Passed 2-23-15.)

1209.05 CONDITIONAL USES IN R-H.

In reviewing applications for a conditional use in the R-H District, the Board of Zoning Appeals shall, in addition to insuring compliance with the general standards stated above (Section 1209.04), determine that any proposed new construction, building modifications and changes in land use activity are consistent with the following criteria:

(a) Modifications to Existing Buildings. When an existing building is proposed to be remodeled, expanded or otherwise altered to accommodate a conditional use, specific standards shall apply. These standards are intended to help retain historic qualities of the area, while also allowing some flexibility in terms of new uses so that larger historic buildings can remain economically viable. The following standards are similar to the Secretary of the Interior's Standards for Rehabilitation and relate to landscape features and the building's site and environment as well as attached, adjacent, or related new construction on the same site. Modifications to historical buildings to accommodate proposed conditional uses in the R-H District shall be reviewed by the Board of Zoning Appeals against the following standards:

(1) Minimal changes to the defining characteristics of the building and its site and environment are preferred.

(2) The removal of historic materials or alteration of features and spaces that characterize a property should be avoided.

(3) Changes that create a false sense of historical development, such as adding conjectural features or architectural elements from other buildings should be avoided.

(4) Distinctive features, finishes, and construction techniques or examples of craftsmanship that characterize a historic property should be preserved.

(5) Deteriorated historic features should be repaired rather than replaced, where possible.

(6) Chemical or physical treatments, such as sandblasting, that cause damage to historic materials shall not be used. The surface cleaning of structures, if appropriate, shall be undertaken using the gentlest means possible.

(7) New additions, exterior alterations, or related new construction shall be differentiated from the old and shall be compatible with the massing, size, scale, and architectural features to protect the historic integrity of the property and its environment.

(8) New additions or related new construction shall be undertaken in such a manner that if removed in the future, the essential form and integrity of the historic property and its environment would be unimpaired.

(b) New Building Construction. When new independent building construction is proposed on vacant lots, it shall adhere to the following standards:

(1) Building Orientation: All construction of a principal structure must provide for a single principal entrance, and that principal entrance shall face a public street.

(2) Building Height: No new construction of a principal structure shall be constructed which is more than thirty percent (30%) above or below the average height-to-width ratio of existing structures abutting the lot to be developed on the same block of land.

(3) Rooflines and Shapes: Roof shapes and rooflines must be generally compatible with other buildings and structures found along the same block. Where there is a dominant pattern of roof planes along a street, (such as roof planes generally parallel to the right-of-way line, perpendicular to the right-of-way line, or a certain combination of both). Such pattern shall be similarly expressed in new construction and/or renovation. Similarly, roof pitches shall be similar to structures found along the same block.

(4) Lot Coverage: The proposed ratio of area occupied by principal and accessory buildings and lot area, may not exceed the average ratio of area occupied by principal and accessory buildings and lot area for all adjacent buildings by more than 1.25 times.

(c) Parking. When new parking areas are proposed, they shall be located between the rear lot line and rear of the building.

(Ord. 1-15. Passed 2-23-15.)

1209.06 HOME OCCUPATIONS - CLASS 2.

In reviewing applications for a proposed Class 2 Home Occupation, the Board of Zoning Appeals shall, in addition to insuring compliance with the general standards stated above (Section 1209.04), determine that any proposed new construction, building modifications and changes in land use activity are consistent with the following criteria:

(a) No equipment or process shall be used which creates noise, vibration, glare, fumes, odors or electrical interference detectable to normal human senses from adjacent property. No equipment or process shall be used which creates visual or audible interference in any radio or television receivers, or which causes fluctuation in line voltage off the premises.

(b) There shall be no customer parking in any front yard.

(c) No aspect of the home occupation shall include any exterior illumination beyond what would customarily be found in a residential area.

(d) Business hours and traffic generation associated with the Home Occupation - Class 2, shall not normally occur between the hours of 6:00 p.m. and 8:00 a.m.

(Ord. 1-15. Passed 2-23-15.)

1209.07 PUBLIC HEARING.

The Board of Zoning Appeals shall hold a Public Hearing within forty (40) days after it receives an application for a conditional use permit, submitted by an applicant through the Zoning Administrator.

(Ord. 1-15. Passed 2-23-15.)

1209.08 NOTICE OF PUBLIC HEARING.

Before conducting the public hearing required in Section 1209.07, notice of such hearing shall be given in one or more newspapers of general circulation in the City at least ten (10) days before the date of said hearing. The notice shall set for the time and place of the hearing and shall provide a summary explanation of the conditional use proposed. In addition, notices of the meeting shall be sent by regular mail to all contiguous property owners and owners of property separated only by street right-of-way. The Board shall hold meetings at such time as the Board may determine or upon call of its president.

(Ord. 1-15. Passed 2-23-15.)

1209.09 ACTION BY THE BOARD OF APPEALS.

Within thirty (30) days after the date of the public hearing required in Section 1209.07, the Board shall take one of the following actions:

(a) Approve the issuance of the conditional use permit by making an affirmative finding, in writing, that the proposed conditional use is to be located in a district wherein such use may be conditionally permitted, that all conditions for approval of such use in such district have been met, and that such use will neither result in significant negative impacts upon, nor conflict with surrounding uses. Such written finding may also prescribe supplementary conditions and safeguards as specified in Section 1209.10. Upon making an affirmative finding, the Board shall direct the Zoning Administrator to issue a conditional use permit for such use which shall list all conditions and safeguards specified by the Board for approval.

(b) Make a written finding that the application is deficient in information or is in need of modification and is being returned to the applicant. Such finding shall specify the information and/or modifications which are deemed necessary.

(Ord. 1-15. Passed 2-23-15.)

1209.10 CONDITIONS AND SAFEGUARDS.

In granting approval for any conditional use, the Board may prescribe appropriate conditions and safeguards in conformance with this Ordinance. Any violation of such conditions and safeguards, when made a part of the terms under which the conditional use is granted, shall be deemed a punishable violation of this Zoning Ordinance.

(Ord. 1-15. Passed 2-23-15.)

1209.11 EXPIRATION.

A conditional use permit shall be deemed to authorize only one particular conditional use, and said permit shall automatically expire if such conditionally permitted use has not been instituted or utilized within one year of the date on which the permit was issued, or if for any reason such use shall cease for more than two (2) years.