Fircrest City Zoning Code

The purpose of this chapter is to establish decision criteria and procedures for special uses, called conditional uses, which possess unique characteristics. Conditional uses are deemed unique due to factors such as size, technological processes, equipment, type or duration of activity, or location with respect to surroundings, streets, existing improvements, or effects or demands upon public facilities. These uses require a special degree of control to ensure consistency with the comprehensive plan and compatibility with adjacent uses and the character of the surrounding neighborhood or community.

Conditional uses will be subject to review by the hearing examiner and the issuance of a conditional use permit. This process allows the hearing examiner to:

The hearing examiner may approve, approve with conditions, modify and approve with conditions, or deny a conditional use permit. The hearing examiner shall grant a conditional use permit when it has determined that the criteria listed in FMC § 22.68.003 are met by the proposal. The hearing examiner may impose specific conditions upon the use, including an increase in the standards of this title, which will enable the hearing examiner to make the required findings in FMC § 22.68.003. These conditions may include, but are not limited to, restrictions in hours of operations; restrictions on locations of structures and uses; structural restrictions which address safety, noise, light and glare, vibration, odor, views, aesthetics, and other impacts; and increased buffering requirements, including open space, berms, fencing and landscaping.

Before any conditional use permit may be granted, the hearing examiner shall adopt written findings showing that the following criteria are met by the proposal:

A conditional use permit is classified as a Type III-A application. The processing procedures for this application are described in Chapters 22.05, 22.06, 22.07, 22.08, 22.09 and 22.10 FMC.

Application for a conditional use permit shall be submitted on forms provided by the department. A minimum of two sets of plans, materials and other applicable information specified in FMC § 22.06.002 shall be submitted with the application. Based on a preliminary review of the proposal, the director may determine that additional information, including the items listed in FMC § 22.72.009 (site plan review submittal requirements), is necessary to complete the review and shall be provided by the applicant.

An applicant may request an amendment to an approved conditional use permit by submitting to the department a description of the proposed amendment and accurate plans which clearly identify the proposed changes to the approved design, if applicable. The director may determine that:

The hearing examiner may require as a condition of conditional use permit approval that the applicant furnish the city with a performance bond, or other form of guarantee deemed acceptable by the city attorney, to secure the applicant's obligation to complete the provisions and conditions of the permit as approved.

In the event that a conditional use permit is not exercised within one year from the effective date of approval, it shall automatically become null and void; provided, however, that for good cause, the hearing examiner may grant a one-time extension of one year if an extension request is filed with the department no less than 45 days prior to the date of expiration for the conditional use permit. A properly filed application for a time extension shall stay the effective date of expiration until action on the request has become final. The process for taking action on the request shall be the same used for the original conditional use permit application. Before taking action to grant an extension, the hearing examiner shall adopt written findings showing that the following circumstances exist:

No application for a conditional use permit shall be accepted for filing by the director within one year following final action in denying an application for a conditional use permit for the same or substantially the same purpose or property. The director shall deem an application to be substantially the same as the conditional use permit denied if the use to which the property is proposed to be put is the same or substantially the same as that which was considered and disallowed by the earlier final action.