Connell City Zoning Code
CHAPTER 17
23 PERMITS, CONDITIONAL USES AND SIMILAR USES
§ 17.23.010 Applications for permits.
§ 17.23.020 Conditional uses.
The conditional use permit procedure is to establish criteria for determining the conditions under which a use(s) is permitted within a zoning district. Certain uses because of their size, infrequent occurrence, special requirements, possible safety hazards or detrimental effects on surrounding properties and other similar reasons are classified as conditional uses. A conditional use is subject to specific review during which additional conditions may be imposed to assure compatibility of the use with other uses in the vicinity. A request for a conditional use permit may be denied where it cannot be clearly demonstrated that the requested use will be compatible with other permitted uses in the vicinity of the proposed conditional use.
(1)
Site review is required in accord with Section 16A.06.030.
(2)
Action—Hearing Examiner. Applications will be made on forms provided by the city clerk and will be accompanied by a fee established by resolution. Application must include a detailed site plan of the conditional use requested. A public hearing on the application will be held by the hearing examiner, who will make a decision on the application, in accord with Section 16A.06.040.
(3)
Decision Criteria. The city may approve a conditional use permit with conditions only if the applicant demonstrates that:
(a)
The size of the site is adequate for the proposed use, including all facilities and amenities that are required by this title or desired by the applicant;
(b)
The proposed use will not be detrimental to the public health, safety, and general welfare of the community and will not introduce hazardous conditions at the site that cannot be mitigated to protect adjacent properties and uses;
(c)
The topography, soils, and other physical characteristics of the site are appropriate for the use and any known potential problems such as those due to weak foundation soils or other physical characteristics can be eliminated or reduced to the extent necessary to avoid hazardous situations;
(d)
The proposed use will not be injurious to or adversely affect the uses, property, or improvements adjacent to, or in the vicinity of, the site upon which the proposed use is to be located;
(e)
The proposed use is compatible with adjacent land uses and consistent with the character of the surrounding area;
(f)
The proposed use will be supported by adequate water, sewer, storm drainage, schools, electrical, police, fire protection facilities and services. The use will not overburden or adversely affect said public facilities and services;
(g)
The traffic generated by the proposed use will not unduly burden the traffic circulation system in the vicinity;
(h)
An adequate site layout is proposed for on-site circulation and transportation activities. It must be demonstrated that consideration has been given to the potential impacts of the proposed use on traffic flow and control, emergency vehicle movements and safety associated with the suitability of access points, on-site drives, parking, loading and unloading areas, refuse collection and disposal points, sidewalks, bike paths, or other transportation facilities required by this title or desired by the applicant;
(i)
The proposal will cause no unreasonably adverse effects to wetlands, shorelands, wildlife habitat, and other critical areas, or impacts to these areas that cannot be mitigated;
(j)
Buffering devices such as fencing, landscaping or topographic characteristics adequately protect adjacent properties from adverse effects of the proposed use, including adverse sight or sound effects;
(k)
The granting of the conditional use is consistent and compatible with the goals, objectives and policies of the comprehensive plan;
(l)
The proposed use complies with the appropriate development and performance and all other applicable provisions of the city of Connell development standards; and
(m)
All conditions necessary to lessen any impacts of the proposed use have been included in the project design or will be required as conditions of approval.
(Formerly 17.75.050; Ord. 689 § 1 (part), 1997; Ord. 819 § 5, 2007; Ord. 869 § 2, 2010; Ord. 923 § 1 (part), 2012; Ord. 970 § 13, 2017; Ord. 1006 § 1 (Exh. A) (part), 2020)
§ 17.23.030 Similar uses.
(a)
The administrator may include an unlisted use as a similar use listed in this title in a zone if the administrator finds:
(1)
The use is consistent with the purpose of the applicable zoning district;
(2)
The use is similar with other uses in the district, especially in terms of potential impacts;
(3)
The use will conform with the regulations applicable to other permitted uses within the district;
(4)
The use can be permitted without additional conditions, except as may be required by other codes and ordinances of the city; and
(5)
The use will have no adverse effect on other permitted uses in the district.
(b)
If the administrator finds the use to be a similar use, the administrator will notify the planning commission and city council in writing and publish notice thereof.
(c)
Any person aggrieved by a decision of the administrator may appeal to the city council within five days of publication.
(Formerly 17.75.070; Ord. 689 § 1 (part), 1997; Ord. 923 § 1 (part), 2012; Ord. 970 § 14, 2017; Ord. 1006 § 1 (Exh. A) (part), 2020)