All special use permits shall be processed in accordance with the provisions of title 15, "Development Code Administration", of this code. (Ord. 792, 7-29-2004)

   A.   Purpose:

      1.   The purpose of this section 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, or location with respect to surroundings, streets, existing improvements, or demands upon public facilities. These uses require a special degree of control to assure compatibility with the comprehensive plan, adjacent uses, and the character of the vicinity.

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

         a.   Determine that the location of these uses will not be incompatible with uses permitted in the surrounding areas; and

         b.   Make further stipulations and conditions that may reasonably assure that the basic intent of this title will be served.

   B.   Decision Criteria: The city shall review conditional use permits in accordance with the provisions of this section and may approve, approve with conditions, modify, modify with conditions, or deny the conditional use permit. The city may modify bulk requirements, off street parking requirements, and use design standards to lessen impacts, as a condition of the granting of the conditional use permit.

      1.   Required Findings: The city may use design standards and other elements in this title 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:

         a.   The granting of the proposed conditional use permit will not:

            (1)   Be detrimental to the public health, safety, and general welfare;

            (2)   Adversely affect the established character of the surrounding vicinity; nor

            (3)   Be injurious to the uses, property, or improvements adjacent to, and in the vicinity of, the site upon which the proposed use is to be located.

         b.   The granting of the proposed conditional use permit is consistent and compatible with the intent of the goals, objectives and policies of the comprehensive plan and any implementing regulation.

         c.   All conditions necessary to lessen any impacts of the proposed use are conditions that can be monitored and enforced.

         d.   The proposed use will not introduce hazardous conditions at the site that cannot be mitigated to protect adjacent properties, the vicinity, and the public health, safety and welfare of the community from such hazard.

         e.   The conditional use will be supported by, and not adversely affect, adequate public facilities and services; or that conditions can be imposed to lessen any adverse impacts on such facilities and services.

         f.   The level of service standards for public facilities and services are met in accordance with the concurrency management requirements. See title 15, chapter 8 of this code.

         g.   Will not preclude the use of LID BMPs if LID BMPs are feasible for existing site conditions or existing site characteristics.

      2.   Burden Of Proof: The applicant has the burden of proving that the proposed conditional use meets all of the criteria in subsection B1 of this section.

   C.   Application: Submittal of an application for a conditional use permit shall include:

      1.   A completed application form.

      2.   A base map showing property boundary lines, existing lots, tracts, utility or access easements and streets, topography, existing development features, water bodies, wetlands and buffers, and flood prone areas.

      3.   A legal description and vicinity map of the property.

      4.   A site plan showing the location and ground elevation of any proposed structures, parking areas, common use areas, landscaping, utilities, grading and drainage, mitigation for critical area impacts, fences and other proposed features. (If easements or covenants are proposed, their location and design must be shown.)

      5.   Mailing labels of all property owners as provided in title 15, chapter 7 of this code.

      6.   A written statement addressing the decision criteria (see subsection B of this section) and any other information required by the city at the preapplication meeting.

(Ord. 792, 7-29-2004; amd. Ord. 889, 9-8-2010; Ord. 2019-1057, 1-8-2020)

   A.   Purpose: The purpose of this section is to provide a means of altering the requirements of this title in specific instances where the strict application of those requirements would deprive a property of privileges enjoyed by other properties within the identical regulatory zone because of special features or constraints unique to the property involved.

   B.   Granting Of Variances: The city shall have the authority to grant a variance from the provisions of this title, when, in the judgment of the hearing examiner, the conditions as set forth in subsection C of this section have been found to exist. In such cases a variance may be granted which is in harmony with the general purpose and intent of this title so that the spirit of this title shall be observed, public safety and welfare secured, and substantial justice done.

   C.   Decision Criteria: Before any variance may be granted, it shall be shown:

      1.   That there are special circumstances applicable to the subject property or to the intended use such as shape, topography, location, or surroundings that do not apply generally to the other property or class of use in the same vicinity and zone;

      2.   That such variance is necessary for the preservation and enjoyment of a substantial property right or use possessed by other property in the same vicinity and zone but which because of special circumstances is denied to the property in question;

      3.   That the granting of such variance will not be materially detrimental to the public welfare or injurious to the property or improvement in such vicinity and zone in which the subject property is located;

      4.   That the granting of such variance will not adversely affect the comprehensive plan.

      5.   That the granting of such variance will not preclude the use of LID BMPs if LID BMPs are feasible for existing site conditions or existing site characteristics.

   D.   Conditions On Variances: When granting a variance, the hearing examiner shall determine that the circumstances do exist as required by subsection C of this section, and attach specific conditions to the variance which will serve to accomplish the standards, criteria, and policies established by this title.

   E.   Application: Submittal of an application for a variance shall include:

      1.   A completed application form.

      2.   A site plan showing all information relevant to the request including, but not limited to: location of existing and proposed structures, roads, property lines, parking areas, landscaping and buffers.

      3.   Mailing labels of all property owners as provided in title 15, chapter 7 of this code.

      4.   A written statement addressing the decision criteria (see subsection C of this section) and any other information required by the city at the preapplication meeting.

(Ord. 792, 7-29-2004; amd. Ord. 889, 9-8-2010; Ord. 2019-1057, 1-8-2020)

   A.   Purpose: A PUD is a flexible zoning concept that results in as good or better use of land than that produced through the standards of the regular zone classifications. The uses within the PUD depend on the uses in the underlying zone. The residential densities and bulk and scale of the development within the PUD may vary to provide more flexibility and creativity in addressing the site and project aesthetics, natural areas, and open space planning. An approved PUD is an overlay zone, enacted as part of the final approval action which may also include subdivision, binding site plan, or master plan approval.

   B.   Classifications Of Planned Unit Development Districts: Planned developments may be either residential or nonresidential in character. A "residential PUD" means that the principal purpose of the PUD is to provide one or more types of housing at densities of dwellings the same as densities permitted by the underlying zone and where all other uses shall be considered accessory, supportive, or adjunct to housing. A "nonresidential PUD" means a development where the majority of uses are intended for purposes other than housing such as: retail, service, industrial and manufacturing, and where residential uses as are allowed by the underlying zone secondary in purpose to intended use of the project.

   C.   Minimum Area Required:

      1.   Residential PUD: One acre.

      2.   Nonresidential PUD: None.

   D.   Staging: The applicant may elect, or the city may require that the development of a PUD be accomplished or constructed in stages; provided, that when a residential PUD is developed in stages, the cumulative density of all phases shall not exceed the approved overall density of the entire PUD.

   E.   Redevelopment; Street Vacations: When the city determines that the location, configuration and/or condition of existing structures on site may threaten the public health, safety or welfare, it may require the removal of all or portions of existing structures. It is the further purpose of this section to encourage development of a PUD upon contiguous land and property. When deemed appropriate and necessary, the city may require the vacation of all or portions of existing streets within the PUD project area. The city may, as an alternative to vacation of streets, permit the inclusion of existing rights of way within a PUD, when it can be shown that the existing rights of way serve a functional purpose for the PUD and do not act to separate or divide a PUD into noncontiguous units. Rights of way within the context of this section shall not include freeways, limited access highways or major arterials.

   F.   Uses Permitted In PUD:

      1.   Residential: Housing concepts of all types limited only by the density commensurate with the underlying zone upon land either subdivided into two (2) or more ownerships or held in common, unified, or single ownership. Examples include the following:

         a.   Condominiums, apartments and townhouses.

         b.   Customary accessory uses and structures common to individual or group dwellings.

         c.   Group residence.

         d.   Manufactured home parks and subdivisions.

         e.   Nonresidential uses such as schools, churches, libraries or other conditional uses allowed in residential zones.

      2.   Nonresidential: Uses permitted by the underlying zone.

      3.   Unclassified And Conditional Uses: Unclassified uses and conditional uses, if permitted in the underlying zone and as specifically authorized by the final development plan.

   G.   Procedure For Approval: The approval of a PUD shall be considered an amendment to the official maps and, except as provided in this section, shall be processed as is any other amendment with respect to notice, hearings, and appeals pursuant to this title. A two (2) step procedure shall be followed in the approval of a PUD as follows:

      1.   The approval of a preliminary development plan after public notice and hearing.

      2.   The final PUD approval shall not become final and effective until the date the final development plan is approved and overlay zone is adopted. The final development plan may be approved and adopted by stages. The final development plan shall be approved when the City determines that the development conforms with the approved conditions established in the preliminary development approval.

   H.   Decision Criteria: The action by the City to approve a preliminary development plan for a proposed PUD with or without modifications shall be in writing based upon the following findings:

      1.   The proposed development is in substantial conformance with the comprehensive plan, the intent of the underlying zoning, and applicable City design standards.

      2.   Exceptions from the standards of the underlying district are warranted by the design and amenities incorporated in the development plan and program.

      3.   The proposal does not adversely impact the surrounding area or its potential future use.

      4.   The system of ownership and means of developing, preserving, and maintaining common open space is consistent with the size, design and scale of the project.

      5.   The approval will result in a beneficial effect upon the area which could not be achieved under other zoning districts.

      6.   The proposed development or units thereof will be pursued and completed in a conscientious and diligent manner.

      7.   The proposed development will not preclude the use of LID BMPs if LID BMPs are feasible for existing site conditions or existing site characteristics.

   I.   Project Limitation: The City, in order to protect the public health, safety, welfare, and general interest may limit or restrict development in a PUD or any portion thereof in relationship to the size of the area being developed or redeveloped with the nature of uses intended, lot coverage, parking and loading requirements, provisions for open space, adequacy of roads and utility systems to accommodate the use as well as to minimize the impact the development will have on the existing or intended development of adjacent lands and the general neighborhood.

   J.   Permissive Variation From Standard Requirements: In considering a proposed development plan, the approval may involve modifications in the regulations, requirements, and standards of the underlying zone in which the project is located so as to appropriately accomplish the purpose of this section. In making such modifications as are deemed appropriate, the following guidelines shall apply:

      1.   Off Street Parking And Loading: The total required off street parking facilities should not be less than the sum of the required parking facilities for the various uses computed separately.

      2.   Common Walls: In projects receiving final approval where units intended for individual ownership will have common walls, the City may issue building permits for construction of those units prior to approval of a final PUD, although occupancy of said units will not be allowed until the final approval.

      3.   Height Of Buildings: The height of buildings and structures within a PUD should be limited to the height permitted by the underlying zone, or as required as a special limitation. The height of buildings and structures may be increased in relationship to provisions for greater open space and separation between buildings on the same or adjoining property and when adequate provision is made for light, air, and safety.

      4.   Lot Area Coverage: The maximum lot coverage within a PUD or any portion thereof shall be determined at the time of consideration of a preliminary development plan.

      5.   Yards: The requirement for yards in a PUD should be same as required by the underlying zone for those yards abutting the exterior boundary of the PUD. Yard requirements for any yard not abutting or adjoining the exterior boundary of the PUD shall be as authorized in the preliminary development plan.

   K.   Subdivisions: When it is the intention of an applicant to subdivide or resubdivide all or portions of property within a proposed PUD, a preliminary subdivision approval shall be considered concurrently with an application for approval of a preliminary development plan. The minimum lot provisions specified in the underlying zone district may be qualified if the design of the subdivision is in accordance with the intent and purpose of this section and the resulting overall density of the project is consistent with the underlying zoning.

   L.   Final Development Plan; Time Limitation: A final development plan meeting all requirements of this chapter shall be submitted to the City for approval within seven (7) years of the date of preliminary plat approval if the date of preliminary plat approval is on or before December 31, 2014, and within five (5) years of the date of preliminary plat approval if the date of preliminary plat approval is on or after January 1, 2015. A final development plan meeting all requirements of this chapter shall be submitted to the City for approval within ten (10) years of the date of preliminary plat approval if the project is not subject to requirements adopted under chapter 90.58 Revised Code of Washington and the date of preliminary plat approval is on or before December 31, 2007. Nothing contained in this section shall act to prevent the City from adopting by ordinance procedures which would allow extensions of time that may or may not contain additional or altered conditions and requirements. When deemed reasonable and appropriate, the Administrator may grant an extension of one year for such submittal. If at the date of expiration of the time period provided herein, a final development plan has not been filed for approval, the preliminary PUD approval shall expire and the applicant shall be required to resubmit an application for preliminary approval to reinstate the project. In instances when a planned unit development is requested concurrent with an application for subdivision, short subdivision, or binding site plan, the final plat, final short plat, or final binding site plan shall satisfy the final development plan required by this chapter.

   M.   Application: Submittal of an application for preliminary PUD approval shall include:

      1.   A completed application form;

      2.   A preliminary PUD development plan including:

         a.   Topographical and other site data depicting:

            (1)   Boundary lines including bearing and distance;

            (2)   Easements, including location, width and purpose;

            (3)   Streets on and adjacent to the tract, including name, right-of-way width, location, and type, width, and elevation of surfacing, walks, curbs, gutters, culverts, etc.;

            (4)   Number of residential lots and typical lot size;

            (5)   Lot layout with lot line dimensions, the area in square feet contained in each lot and minimum building setback lines;

            (6)   The location and use of all existing buildings within the proposed project indicating which buildings are to remain and which are to be removed;

            (7)   Ground elevations on the tract, based on a datum plane approved by the City Engineer;

            (8)   Other conditions on adjacent land, including:

               (A)   Approximate direction and gradient of ground slope, including any embankments or retaining walls;

               (B)   Character and location of buildings, railroads, power lines, towers, and other nonresidential land uses or platted lands within three hundred feet (300') of the subject property (subdivision plats should be referred to by name, recording date, volume and page number, with lot size and dwelling units shown);

         b.   Utilities on and adjacent to the tract, including:

            (1)   Location, size and invert elevation of sanitary, storm and combined sewers;

            (2)   Location and size of water mains;

            (3)   Location of gas lines, fire hydrants, electric and telephone poles, and streetlights;

            (4)   If water mains and sewers are not adjacent to the tract, indicate the direction and distance to, and size of, the nearest ones, showing invert elevation of sewers;

         c.   Proposed sanitary, stormwater and water systems plan with points of connection, grades and sizes indicated;

         d.   Proposed public improvements, including highways or other major improvements planned by public authorities for future construction on or near the tract;

         e.   Typical cross sections of proposed grading, roadways and sidewalks within the proposal;

         f.   Profiles of all proposed streets within the proposal showing the grade to which the streets will be built and the existing ground line of the proposed streets including probable future extensions of any stub (dead end) streets for a maximum distance of one hundred fifty feet (150') beyond the boundaries of the project (or, as an alternative, the site plan may show topography, certified by a registered engineer or surveyor, in 2 foot contours within 50 feet of each side of the centerline of all probable extensions of any stub [dead end] streets for a distance of 150 feet beyond the boundaries of the proposed subdivision);

         g.   Sites, if any, to be reserved or dedicated for parks, playgrounds, or other common or public uses;

         h.   Site plans for multi-family dwellings, shopping centers, churches, industry or other nonpublic uses exclusive of single-family dwellings;

         i.   Zoning district designations, on and adjacent to the tract;

         j.   Other conditions on the tract including:

            (1)   Rock outcroppings;

            (2)   Location and disposition of any wells, creeks, drainage courses, drainageways, 100-year floodplain boundary and easement in or within two hundred feet (200') of the proposal;

            (3)   The location of all trees more than six inches (6") in diameter at a height of four feet (4') above grade within the proposal, and for one hundred fifty feet (150') beyond the terminus of all dead end streets allowing that:

               (A)   Individual trees in a stand of five (5) trees or more need not be shown, but the area covered by the stand (the drip line) shall be shown;

               (B)   For trees outside of the subdivision boundaries, the location of said trees may be based on aerial photographs or other methods acceptable to the City Administrator;

            (4)   The location of identified hazards or development limitation areas identified by the city of Orting sensitive area map;

            (5)   The location of any state shorelines and associated wetlands as defined by state law and the city of Orting shoreline master program;

      3.   A vicinity map extending at least eight hundred feet (800') in each direction from the proposed project, or further if necessary to assist in locating the site. The vicinity map shall be drawn to scale of one inch equals eight hundred feet (1" = 800'). The vicinity map shall show the following:

         a.   Street layout;

         b.   Existing and tentatively approved street layout within eight hundred feet (800');

         c.   Zoning designations within and adjacent to the site;

         d.   All property lines within eight hundred feet (800') of the site;

         e.   Streams or watercourses and public facilities, such as schools and parks;

         f.   All 100-year floodplain and designated shoreline boundaries in and within eight hundred feet (800') of the proposed subdivision;

         g.   Any other pertinent information that will assist in locating the proposed project;

      4.   Drawings and text illustrating and describing the scale, bulk and architectural character of proposed structures;

      5.   A written statement addressing the decision criteria (subsection H of this section) and any other information required by the city at the preapplication meeting;

      6.   Draft conditions, covenants, and restrictions pertaining to the operation and maintenance of the development, including all common areas, private streets (if any) and recreational facilities; and

      7.   Mailing labels of all property owners as provided in title 15, chapter 7 of this code.

   N.   Manufactured Home Parks: Manufactured home parks operated as commercial enterprises leasing sites and/or homes without platting shall be subject to the following:

      1.   Density shall not exceed the densities established in section 13-5-1 of this title.

      2.   Only one manufactured home or recreational vehicle shall occupy any space in the park, subject to the following.

         a.   A recreational vehicle may stand or be parked for an indefinite period in a manufactured home park, provided the recreational vehicle is connected to sewer or a Tacoma-Pierce County health department approved septic system, water, and electricity, and the recreational vehicle contains at least one internal toilet and at least one internal shower; provided, that if this requirement is not met, a manufactured home park must provide toilets and showers in lieu of having the facilities within the recreational vehicle.

      3.   Setbacks shall conform to the underlying zoning and building code.

      4.   Storage areas comprising not more than ten percent (10%) of the total manufactured home park site for recreational vehicles, boats, and trailers shall be provided. Such areas shall be paved or surfaced with crushed rock and enclosed by a sight obscuring fence, wall or landscape visual buffer.

   A.   Purpose:

      1.   The purpose of this section is to establish decision criteria and procedures for cottage developments which possess unique characteristics due to factors such as size, residential density, ownership, and location with respect to their surroundings. These uses require a special degree of control to assure compatibility with the comprehensive plan, adjacent uses, and the character of the vicinity.

      2.   Cottage developments are subject to review by the city and the issuance of a binding site plan (or approval of a unit lot subdivision) and architectural design review approval. This process allows the city to:

         a.   Determine that the location of these uses will not be incompatible with uses permitted in the surrounding areas; and

         b.   Make further stipulations and conditions that may reasonably assure that the basic intent of this title will be served.

   B.   Decision Criteria: The city shall review cottage development permit applications in accordance with the provisions of this section and may approve, approve with conditions, modify, modify with conditions, or deny the binding site plan approval. The city may modify bulk requirements, off street parking requirements, and use design standards to lessen impacts, as a condition of the granting of the binding site plan approval.

      1.   Required Findings: The city shall use design standards and other elements in this title to modify the proposal. A cottage development binding site plan shall be approved only if all of the following findings regarding the proposal can be made and are supported by the record:

         a.   The granting of the proposed binding site plan will not:

            (1)   Be detrimental to the public health, safety, and general welfare;

            (2)   Adversely affect the established character of the surrounding vicinity; nor

            (3)   Be injurious to the uses, property, or improvements adjacent to, and in the vicinity of, the site upon which the proposed use is to be located.

         b.   The granting of the proposal is consistent and compatible with the intent of the goals, objectives, and policies of the comprehensive plan and any implementing regulation.

         c.   All conditions necessary to lessen any impacts of the proposal are conditions that can be monitored and enforced.

         d.   The proposal will not introduce hazardous conditions at the site that cannot be mitigated to protect adjacent properties, the vicinity, and the public health, safety and welfare of the community from such hazard.

         e.   The cottage development will be supported by, and not adversely affect, adequate public facilities and services; or that conditions can be imposed to lessen any adverse impacts on such facilities and services.

         f.   The level of service standards for public facilities and services are met in accordance with the concurrency management requirements (see title 15, chapter 8 of this code).

      2.   Burden Of Proof: The applicant has the burden of proving that the proposed cottage development meets all of the criteria in subsection B1 of this section.

   C.   Application: Cottage development proposals shall be subjected to a two (2) step process. No more than two (2) cottage developments shall be approved in a calendar year. Preliminary applications shall be accepted at any time, but the first two (2) submitted after January 1 shall be allowed to proceed through the full application review and approval process if they meet the criteria stated in subsection C1 of this section. If one or both of the first two (2) applications in any year drop out, the next in line will be notified that the city will accept a full application for review.

      1.   Step one preliminary application:

         a.   Each applicant should schedule a meeting with the city administrator to discuss the location, size, and features of the proposal. No written application is required at this point. The administrator will advise the applicant of any known issues with respect to the location, parcel(s) to be developed, or city facilities necessary to serve a cottage development.

         b.   The administrator will schedule a briefing for the planning commission. The administrator will introduce the applicant and summarize the discussion at the initial meeting. The applicant shall have the opportunity to describe the proposal, using conceptual plans or drawings. The planning commission may offer informal comments.

         c.   The applicant will schedule a community meeting and notify all residents and property owners within five hundred feet (500') of the site by mail. The applicant shall provide the mailing address list and proof of the mailing to the city. The meeting shall be held in Orting on a weeknight. The applicant shall be responsible for conducting the meeting and providing an attendance list and printed transcript, and copy of a tape recording of the meeting to the city administrator.

         d.   Upon receipt of the community meeting tape and transcript, the administrator shall advise the applicant of any additional application requirements beyond those specified below.

      2.   Step two full application: Submittal of an application for a cottage development binding site plan and ADR approval shall be in accordance with section 12-10-3 of this code and subsection 13-6-7E of this chapter. Review of the application shall be conducted as a type 4 permit as described in section 15-4-1 of this code. The community meeting transcript shall become part of the application record for use by the city in reviewing the application. (Ord. 830, 6-28-2006; amd. Ord. 2024-1136, 12-11-2024)

   A.   Purpose: The purpose of this section is to establish decision criteria and procedures to allow reasonable limited expansion and continuance of "nonconformities" as defined in section 13-5-9 of this title. Nonconformities require a special degree of control to ensure compliance with applicable regulations and compatibility with the comprehensive plan, adjacent uses and the character of the surrounding areas. Limited exceptions, expansions or changes of use are allowed after approval of a nonconforming use permit by the city or after approval of an administrative nonconforming use permit. (Ord. 792, 7-29-2004; amd. Ord. 830, 6-28-2006)

   B.   Nonconforming Use Permit: Exceptions to the nonconforming standards, section 13-5-9 of this title, are allowed after city approval of a nonconforming use permit. Any application for a building permit or land use permit affecting an existing nonconformity shall require a nonconforming use permit. The city may impose such conditions as deemed necessary to ensure proposals conform to the intent of the comprehensive plan and this title.

      1.   Required Findings For Nonconforming Use Permit: The city shall grant a nonconforming use permit if documentary evidence is provided by the applicant to support the administrator's findings that:

         a.   Granting a nonconforming use permit is necessary to adapt the nonconforming use and associated structures to changes in technology, merchandising, or other generally recognized trends which affect the utility of structures or the applicant's ability to compete;

         b.   Granting a nonconforming use permit will not introduce any (additional) hazards or interfere with the potential development of nearby properties in accordance with present zoning regulations;

         c.   The nonconforming use and associated structures will comply with the requirements of subsection 13-5-9B5 of this title;

         d.   The applicant's proposal will result in improvements in functionality or safety, or in exterior appearance, screening, access and other features which will make the use or structure more compatible with allowed uses; and

         e.   Granting a nonconforming use permit will not detract from the intent of the comprehensive plan and any implementing regulation.

      2.   Abandonment: An exception to the discontinuance standards in subsection 13-5-9I of this title may be granted by the city. Documentary evidence shall be provided by the applicant to show that the discontinuance was beyond the control of the applicant. If the city is satisfied by evidence that the discontinuance was beyond the control of the applicant, nonconforming rights shall be continued for the property or structure. The city may consider circumstances such as, but not limited to, the following:

         a.   The property or structure has been involved in litigation.

         b.   Attempt to lease the site is ongoing due to:

            (1)   Length of time involved for marketing of premises;

            (2)   The structure is a specialized type of building requiring a specialized type of use due to equipment, processes or configuration; or

            (3)   There is a uniqueness to the property giving the use special operating characteristics such as its location in relationship to transportation facilities, open spaces needed for operations or its proximity to other critical activities such as mineral extraction. (Ord. 889, 9-8-2010)

   C.   Approval: A nonconforming use permit may be approved, approved with additional requirements above those specified in this title, or approved with modification of the proposal to ensure that surrounding land uses or the character of the area are not adversely impacted.

   D.   Denial: A nonconforming use permit may be denied if the use is incapable of complying with specific standards set forth in this title and if any of the above required findings are not supported by evidence in record.

   E.   Application: Submittal requirements for a nonconforming use permit shall be the same as those for a variance. (See section 13-6-3 of this chapter.) (Ord. 792, 7-29-2004; amd. Ord. 830, 6-28-2006)