It is the intent of this title 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 and to protect health, safety and general welfare of the public prior to the use being approved.

Only those uses listed as requiring a conditional use permit (CUP) within a particular zone qualify for this process.

(Ord. No. 1841, § 2(Att. B), 11-12-2013)

Conditional use permits may only be approved if findings of fact are drawn to support the following:

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 and title 10;

D.

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

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; and

G.

The proposal's impacts can be appropriately mitigated through the application of conditions of approval, as applicable.

(Ord. No. 1841, § 2(Att. B), 11-12-2013)

A.

In order to mitigate any significant adverse impact, assure compatibility with the neighborhood, 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.

Conditional use permit approvals shall be valid for the specific use authorized on a property, subject to the revocation provisions of DMC 11-18. A change in use shall cause the conditional use permit to automatically expire.

C.

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 DMC 11-18.

(Ord. No. 1841, § 2(Att. B), 11-12-2013)

A variance on the dimensional or development requirements of this title is intended to provide relief where, due to geographic, topographic or other similar conditions, complete compliance with all requirements of this title prevents the use of a property which is generally available to other properties in the same zone.

(Ord. No. 1841, § 2(Att. B), 11-12-2013)

A variance from the dimensional or development requirements of this title may be granted only if the following facts and conditions exist:

A.

Due to geography, topography, or other similar conditions, a strict application of the requirements of this title would deprive the subject property of rights and privileges enjoyed by other properties in the same zone;

B.

Due to physical conditions, the development of the lot in strict conformity with the provisions of this title will not allow for reasonable use;

C.

That the variance, if granted, will not alter the character of the neighborhood, or be detrimental to surrounding properties in which the lot is located;

D.

The variance requested will not permit a condition which is materially detrimental to the public welfare, nor injurious to other properties and improvements in the vicinity of the subject property;

E.

The variance is not required due to conditions created by the actions of the applicant, property owner or their agents;

F.

The granting of the requested variance will not provide a special privilege to the property or the applicant that is denied by this title to other lands, structures or buildings within the same zone;

G.

The variance will not allow an increase in the number of dwelling units permitted by the zoning district;

H.

The variance shall not allow a land use which is not permitted under the zoning district in which the property is located;

I.

Justification for the issuance of a variance shall not be based on the illegal use of neighboring lands, structures or buildings in the same zone, and the illegal or permitted uses of lands, structures or buildings in other zones.

(Ord. No. 1841, § 2(Att. B), 11-12-2013)

Before a variance can be granted or denied, the hearing body must find that:

A.

The application is complete as required in title 10;

B.

The variance requested are within the conditions specified in DMC 11-10.050;

C.

The variance is the minimum variance that will make possible the reasonable use of land, building or structure; and,

D.

The granting of any particular variance will be consistent with the general purpose and intent of this title, is in compliance with the comprehensive plan and will not be injurious to any affected neighborhood or otherwise detrimental to the public welfare.

The hearing body may attach conditions to any variance if such conditions are necessary to protect the public welfare or the purpose of this title. If the hearing body finds that the applicant is not eligible for a variance or does not fulfill the requirements, the hearing body shall state the reasons for the denial of the variance.

(Ord. No. 1841, § 2(Att. B), 11-12-2013; Ord. No. 1886, § 1, 12-7-2015)

An application for a conditional use permit or variance may be initiated by a property owner or his authorized agent. The application must be on forms provided by the city as set forth in DMC section 10-02.020.

(Ord. No. 1841, § 2(Att. B), 11-12-2013)

An application for a conditional use permit and/or variance shall be processed in accordance with DMC title 10 as a type III application and follow the procedures for notice and review contained in title 10. Except for minor variances with 10 percent or less deviation from the standard may be processed as a type II application.

(Ord. No. 1841, § 2(Att. B), 11-12-2013)

In addition to any time limits established as a condition of a specific use, the conditional use permit or variance shall expire:

A.

If no building permit has been obtained within 12 months and all applicable construction including special conditions have not been completed within 24 months; or

B.

The authorized use is discontinued for a period of 12 months.

(Ord. No. 1841, § 2(Att. B), 11-12-2013)

The planning director may revoke or suspend any permit or variance granted under this title subject to section 11-18.050.

(Ord. No. 1841, § 2(Att. B), 11-12-2013)