Milton City Zoning Code
CHAPTER 17
64 CONDITIONAL USE PERMITS
§ 17.64.010 Conditional uses authorized.
The hearing examiner may grant conditional use permits for such conditional uses as are authorized by this code.
(Ord. 1741 § 33, 2009)
§ 17.64.015 Purpose.
A.
The purpose of a conditional use permit shall be:
1.
To assure by means of special controls that the compatibility between uses and the purposes of the code shall be maintained with respect to the particular use on the particular site, and in consideration of other existing and potential uses within the general area in which such use is proposed to be located; and
2.
To impose controls that will reasonably assure that nuisance or hazard to life or property will not develop, due to noise, smoke, dust, fumes, vibration, odors, traffic hazards, or other factors.
B.
The hearing examiner shall impose conditions upon approval to the extent necessary to comply with the criteria for approval.
(Ord. 1741 § 33, 2009)
§ 17.64.020 Application requirements.
An application for a conditional use permit shall include all of the information required in Chapter 17.70 MMC (Application Requirements).
(Ord. 1741 § 33, 2009)
§ 17.64.030 Permit decision and appeal processes.
The hearing examiner shall decide on applications for conditional use permits. The review shall be in accordance with Process Type IV (Chapter 17.71 MMC, Permit Decision and Appeal Processes).
(Ord. 1741 § 33, 2009)
§ 17.64.040 Conditional use permit review and approval criteria.
The hearing examiner shall review conditional use permits in accordance with the provisions of this chapter and may approve, approve with conditions, modify, modify with conditions, or deny the conditional use permit.
A.
Required Findings. The hearing examiner may use this code to modify the proposal. A conditional use permit may be approved only if all of the following findings can be made regarding the proposal and are supported by the record:
1.
That the granting of the proposed conditional use is:
2.
That the granting of the proposed conditional use permit will not:
a.
Be detrimental to the public health, safety, and general welfare;
b.
Would not be consistent with design criteria and standards;
c.
Adversely affect the established character and planned character of the surrounding vicinity;
d.
Be injurious to the uses, planned uses, property, or improvements adjacent to, and in the vicinity of, the site upon which the proposed use is to be located; and
e.
Introduce hazardous conditions at the site that cannot be mitigated to protect adjacent properties.
3.
That all conditions necessary to lessen any impacts of the proposed use are conditions that can be monitored and enforced.
B.
Decision. The hearing examiner may approve an application for a conditional use permit, approve with conditions, require modification of the proposal to comply with specified requirements, or deny the application.
(Ord. 1741 § 33, 2009)
§ 17.64.050 Expiration.
Any conditional use permit shall become null and void five years from the date of granting or approval, if not exercised within that period.
(Ord. 1741 § 33, 2009)
§ 17.64.060 Permit revisions and modifications.
Revisions to an approved conditional use permit shall follow the procedure as set forth in Chapter 17.74 MMC (Permit Revision and Modification).
(Ord. 1741 § 33, 2009)
§ 17.64.070 Revocation.
After a public hearing held in the manner prescribed for granting conditional use permits, the hearing examiner may revoke or modify any conditional use permit on the grounds that the permit is being exercised contrary to the terms or conditions of the approval.
(Ord. 1741 § 33, 2009)