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. These are identified as "Conditional Uses." It is the purpose of this section to establish the terms, criteria, and procedures by which Conditional Uses may be permitted, enlarged, or altered. It is further the purpose of this section to supplement the other sections of this code and the Comprehensive Plan. Nothing in this section guarantees that a Conditional Use permit will be issued.

A.

Application for approval of a Conditional Use may be processed and authorized under a Type II or a Type III decision making procedure as provided by Chapter 14.52, Procedural Requirements, as well as the provisions of this section.

B.

A Conditional Use permit shall be issued only for the specific use or uses, together with the limitations or conditions as determined by the approval authority.

C.

The findings and conclusions made by the approval authority and the conditions, modifications, or restrictions of approval, if any, shall specifically address the relationship between the proposal and the approval criteria listed in Section 14.34.050, in the underlying zoning district, and any applicable overlay zones.

D.

An application shall be approved if it satisfies the applicable criteria or can be made to meet the criteria through imposition of reasonable conditions of approval. If findings or data or reasonable conditions cannot bring an application into compliance with the criteria, then the application shall be denied.

A.

Application for approval of a Conditional Use shall be processed and authorized using a Type II decision making procedure where specifically identified as eligible for Type II review elsewhere in this code or when characterized by the following:

1.

The proposed use generates less than 50 additional trips per day as determined in the document entitled Trip Generation, an informational report prepared by the Institute of Traffic Engineers; and

2.

Involves a piece(s) of property that is less than one acre in size. For an application involving a condominium unit, the determination of the size of the property is based on the condominium common property and not the individual unit.

B.

All other applications for Conditional Uses shall be processed and authorized as a Type III decision-making procedure.

(Ordinance No. 1704, April 18, 1994; Ordinance No. 1991, January 1, 2010)

Requests for a Conditional Use permit shall be filed with the Community Development Department on forms prescribed for this purpose. In addition to a land use application form with the information required in Section 14.52.080, the petition shall be accompanied by:

A.

A site plan drawn to scale showing the dimensions and arrangement of the proposed development on the applicant's lot; and

B.

A signing plan (if applicable); and

C.

Building elevations (if the building is existing, photographs documenting the building elevations are sufficient if no exterior changes are proposed); and

D.

The applicant's proposed findings of fact; and

E.

A list of affected property owners described in Section 14.52.060(C); and

F.

For commercial activities that are conditional, a proposed plan of business operation.

The approval authority must find that the application complies with the following criteria:

A.

The public facilities can adequately accommodate the proposed use.

B.

The request complies with the requirements of the underlying zone or overlay zone.

C.

The proposed use does not have an adverse impact greater than existing uses on nearby properties, or impacts can be ameliorated through imposition of conditions of approval.

For the purpose of this criterion, "adverse impact" is the potential adverse physical impact of a proposed Conditional Use including, but not limited to, traffic beyond the carrying capacity of the street, unreasonable noise, dust, or loss of air quality.

D.

A proposed building or building modification is consistent with the overall development character of the area with regard to building size and height, considering both existing buildings and potential buildings allowable as uses permitted outright.

Uses permitted conditionally within Estuary Zone Districts, pursuant to Section 14.03.120 shall be subject to the standards listed in Chapter 14.04.

(Ordinance No. 2225, October 7, 2024)