There are certain uses which, due to the nature of their impacts on surrounding land uses and public facilities, require a case-by-case review and analysis. Conditional uses are identified in each zoning district chapter within this title. The purpose of this chapter is to provide procedures and standards for permitting conditional uses and to consolidate conditional use permit and site plan and architectural review as one application when site development is proposed in conjunction with a conditional use. (Ord. 2120 § 15, 2024).

A. Review Procedure. In accordance with Section 17.05.100, Table 17.05.01, conditional use permits are subject to Type III review procedures in CPMC 17.05.400.

B. Exempt from Separate Site Plan and Architectural Review. When an application for conditional use permit includes new construction and/or site development, a separate site plan and architectural review application is not required.

C. Modifications. Modifications to an approved conditional use permit are subject to Chapter 17.09, Modifications to Approved Plans and Conditions of Approval. (Ord. 2120 § 15, 2024).

In addition to the submittal requirements for Type III review under Section 17.05.400, applications for conditional use permits shall include a description of existing conditions, a site plan and information on any recorded and proposed restrictions or covenants and applicable information for site plan and architectural review submittal requirements in Sections 17.72.030(B) and (C). An application for a conditional use permit shall also contain a narrative report or letter responding to the approval criteria in Section 17.76.040. (Ord. 2120 § 15, 2024).

The planning commission shall approve, approve with conditions, or deny an application for a conditional use permit, including requests to enlarge or alter a conditional use, when all of the criteria and standards in subsection A of this section can be met outright or as conditioned in accordance with subsection B of this section.

A. Approval Criteria.

1. The site size, dimensions, location, topography, and access are adequate for the needs of the proposed use, considering the proposed building mass, parking, traffic, noise, vibration, exhaust/emissions, light, glare, erosion, odor, dust, visibility, safety, and aesthetic considerations;

2. The negative impacts of the proposed use, if any, on adjacent properties and on the public can be mitigated through application of other code standards, or other reasonable conditions of approval;

3. All required public facilities, including water, sanitary sewer, and streets, have adequate capacity or are to be improved to serve the use, consistent with City standards; and

4. A conditional use permit shall not allow a use that is prohibited or not expressly allowed in the base zoning district; nor shall a conditional use permit grant a variance without a variance application being submitted and reviewed along with the conditional use application.

5. Proposed site development and new construction, if applicable, meets the criteria in Section 17.72.040 outright or as conditioned in accordance with Section 17.72.050.

B. Conditions of Approval. The city may impose conditions that are found necessary to ensure that the use is compatible with other uses in the vicinity, and that the negative impact of the proposed use on the surrounding uses and public facilities is minimized. These conditions include, but are not limited to, one or more of the following:

1. Limiting the hours, days, place, and/or manner of operation;

2. Requiring site or architectural design features which minimize environmental impacts such as noise, vibration, exhaust/emissions, light, glare, erosion, odor, and/or dust;

3. Requiring larger setback areas, lot area, and/or lot depth or width;

4. Limiting the building or structure height, size, lot coverage, and/or location on the site;

5. Designating the size, number, location, and/or design of vehicle access points or parking and loading areas;

6. Requiring street right-of-way to be dedicated and street improvements made, or the installation of pathways or sidewalks, as applicable;

7. Requiring landscaping, screening, drainage, water quality facilities, and/or improvement of parking and loading areas;

8. Limiting the number, size, location, height, and/or lighting of signs;

9. Limiting or setting standards for the location, type, design, and/or intensity of outdoor lighting;

10. Requiring berms, screening, or landscaping and the establishment of standards for their installation and maintenance;

11. Requiring and designating the size, height, location, and/or materials for fences;

12. Requiring the protection and preservation of existing trees, soils, vegetation, watercourses, habitat areas, drainage areas, historic resources, cultural resources, and/or sensitive lands;

13. Requiring improvements to water, sanitary sewer, or storm drainage systems, in conformance with city standards;

14. Requiring any conditions for construction or site development pursuant to Section 17.72.050; and

15. The planning commission may require review and renewal of conditional use permits annually or in accordance with another timetable as approved pursuant to this chapter. Where applicable, the timetable shall provide for periodic review and renewal, or expiration, of the conditional use permit to ensure compliance with conditions of approval; such periodic review may occur through a Type III review process, except where the planning commission delegates authority to the city planning official to issue renewals, who shall do so through a Type I or Type II procedure, as applicable (see Chapter 17.05 for review procedures). (Ord. 2120 § 15, 2024).

A. A conditional use permit shall lapse and become void one year following the date on which it became effective, unless:

1. By conditions of the conditional use permit, a greater or lesser time is prescribed as a condition of approval;

2. Prior to the expiration of one year, a building permit is issued by the city and construction is commenced and diligently pursued toward completion; or

3. If no building permit is required in the particular case, the conditionally-approved use has been commenced.

B. The community development director may extend the conditional use permit for an additional period of one year, subject to the requirements of Chapter 17.05.

C. If the time limit for development expired and no extension has been granted, the conditional use permit shall be void. (Ord. 2120 § 15, 2024. Formerly 17.76.060).

The commission, on its own motion, at a public hearing, may revoke any conditional use permit for noncompliance with the conditions set forth in granting said permit. Notice of public hearing shall be given as in Chapter 17.05. (Ord. 2120 § 15, 2024. Formerly 17.76.070).