Pacific City Zoning Code
CHAPTER 20
20 CONDITIONAL USE
§ 20.20.010 Purpose.
It is recognized that certain types of uses require special consideration prior to their being permitted in a particular district. The reasons for requiring such special consideration involve, among other things, the size of the area required for the full development of such uses, the nature of the traffic problems incidental to operation of the use, and the effect such uses have on any adjoining land uses and on the growth and development of the community as a whole.
(Ord. 485 § 12.10.01, 1971)
§ 20.20.020 Description.
All uses permitted conditionally are declared to possess such unique and special characteristics as to make impractical their being included as outright uses in any of the various districts defined in this title. The authority for the location and operation thereof shall be subject to review and the issuance of a conditional use permit. The purpose of review shall be to determine that the characteristics of any such shall not be unreasonably incompatible with the type of uses permitted in surrounding areas, and for the further purpose of stipulating such conditions as may be reasonable so that the basic purposes of this chapter shall be served. Nothing construed herein shall be deemed to require the city to grant a conditional use permit.
(Ord. 485 § 12.01, 1971; Ord. 1505 § 11, 2001)
§ 20.20.030 Use permit prerequisite to building.
No building permit shall be issued when a conditional use permit is required by the terms of this chapter unless a permit has been granted by the commission or city council and then only in accordance with the terms and conditions of the conditional use permit. Conditional use permits may be temporary or permanent for any use or purpose for which such permits are required or permitted by provisions of this chapter.
(Ord. 485 § 12.10.02, 1971)
§ 20.20.040 Applications.
Application for a conditional use permit shall be made by the owner of the affected property, or his authorized agent, on an application form prescribed by the city. The application shall be accompanied by such information including, but not limited to, site and building plans, drawings and elevations, and operational data, as may be required to enable the pertinent criteria to be applied to the proposal.
(Ord. 485 § 12.10.03, 1971; Ord. 843 § 4, 1981; Ord. 1180 § 22, 1992; Ord. 1505 § 11, 2001)
§ 20.20.050 General use permit criteria.
A conditional use permit may be granted only if the proposal conforms to all the general use permit criteria set forth in PMC § 20.20.060 through § 20.20.080 as well as to all other applicable use permit criteria.
(Ord. 485 § 12.10.04, 1971)
§ 20.20.060 Compatibility with surrounding neighborhood.
The location, size, design, and operating characteristics of the proposed development will be compatible with and will not adversely affect the livability or appropriate development of abutting properties and the surrounding neighborhood, with consideration to be given to harmony in scale, bulk, coverage, and density, to the availability of public facilities and utilities. Consideration will be given to the harmful effect, if any, upon desirable neighborhood character, to the generation of traffic and the capacity of surrounding streets, and to any other relevant impact of the development.
(Ord. 485 § 12.10.04(A), 1971)
§ 20.20.070 Purpose of location, design and site planning.
The location, design, and site planning of the proposed development will provide a convenient and functional living, working, shopping, or civic environment, and will be attractive as the nature of the use and its location and setting warrants.
(Ord. 485 § 12.10.04 (B), 1971)
§ 20.20.080 Benefit to surrounding community.
The proposed development will enhance the successful operation of the surrounding area in its basic community functions, or will provide an essential service to the community or region.
(Ord. 485 § 12.10.04(C), 1971)
§ 20.20.090 Investigation.
The director shall cause to be made an investigation of facts bearing on the application necessary to provide information to insure a decision consistent with the intent of PMC § 20.20.010 and § 20.20.020 and the criteria in PMC § 20.20.050 through § 20.20.080.
(Ord. 485 § 12.10.05, 1971; Ord. 1505 § 11, 2001)
§ 20.20.100 Public hearings on applications – Generally.
Repealed by Ord. 1505.
(Ord. 485 § 12.10.06(A), 1971; Ord. 843 § 5, 1981; Ord. 1196 § 6, 1993; Ord. 1362 § 7, 1998)
§ 20.20.110 Public hearings on applications – Mobile home parks.
Repealed by Ord. 1505.
(Ord. 485 § 12.10.06(B), 1971)
§ 20.20.120 Action by the commission.
Repealed by Ord. 1505.
(Ord. 485 § 12.10.07, 1971)
§ 20.20.130 Conditions.
The city shall designate conditions in connection with the conditional use permit (CUP) as it deems necessary to secure the purpose of this chapter and may require the guarantees and evidence that such conditions will be complied with. Such conditions may include:
A.
Regulation of uses;
B.
Special yards, spaces;
C.
Fences and walls;
D.
Surfacing of parking areas to city specifications;
E.
Street dedications and improvements (or bonds);
F.
Regulation of points of vehicular ingress and egress;
G.
Regulation of signs;
H.
Landscaping and maintenance thereof;
I.
Maintenance of the grounds;
J.
Regulation of noise, vibration, odors, or other similar nuisances;
K.
Regulation of time for certain activities;
L.
Time period within which the proposed use shall be developed;
M.
Duration of use; and
N.
Such other conditions as will make possible the development of the city in an orderly and efficient manner in conformity with the intent and purposes set forth in this chapter.
(Ord. 485 § 12.10.08, 1971; Ord. 1505 § 11, 2001)
§ 20.20.140 Modification or addition to an approved project or decision.
A.
There are three ways in which to modify or add to an approved conditional use: process as a new decision, process as a land use exemption, or process as an administrative amendment.
B.
General. Except as provided in subsections C and D of this section, an amendment of a previously approved project or decision is treated as a new application.
C.
Land Use Exemption for Conditional Use Permit.
1.
The director may determine that an addition or modification to a previously approved project or decision is exempt from further review under the administrative amendment process or as a new application, provided the following criteria are met:
a.
The proposal does not result in any significant adverse impact beyond the site; and
b.
The proposal is within the general scope of the purpose and intent of the original approval; and
c.
The proposal complies with all applicable land use code requirements; and
d.
The proposal does not add square footage that is more than 20 percent of existing gross square footage; and
e.
If an addition or expansion has been approved within the preceding 24-month period, the combined additions will not add square footage that exceeds 20 percent of existing gross square footage.
2.
If the "addition or modification" is determined to be a "land use exemption," the determination shall be recorded and approved by the director.
D.
Administrative Amendment.
1.
Scope. A proposed amendment which the director determines meets the criteria of this section will be decided as an administrative amendment unless the applicant has chosen to have the amendment reviewed as a new application.
2.
Decision Criteria. The director may, at his/her discretion, approve a proposed amendment to an approved project or decision if:
a.
The amendment maintains the design intent or purpose of the original approval; and
b.
The amendment maintains the quality of design or product established by the original approval; and
c.
The amendment is not materially detrimental to uses or property in the immediate vicinity of the subject property; and
d.
The amendment is not precluded by the terms of the Pacific Municipal Code or by state law from being decided administratively.
3.
The applicant carries the burden of proof and must demonstrate that the application merits approval or approval with modifications.
4.
Conditions. The director may include conditions as part of the approval or approval with modifications to ensure conformance with the decision criteria for an administrative amendment and for the original approval.
5.
Written Decision. The director shall issue a written decision on the administrative amendment which contains the following:
a.
A description of the original project or decision and the proposed administrative amendment; and
b.
An analysis of the proposed administrative amendment using the applicable decision criteria, including the facts upon which the decision and any conditions for the project are based; and
c.
A statement that the administrative amendment is approved, approved with modifications or denied subject to the provisions of this section.
(Ord. 1654 § 1, 2007)
§ 20.20.150 Appeals.
Repealed by Ord. 1505.
(Ord. 485 § 12.10.10, 1971)
§ 20.20.160 Application for conditional use permit – Filing fee.
Repealed by Ord. 1505.
(Ord. 485 § 12.10.10, 1971; Ord. 843 § 6, 1981; Ord. 1173 § 13, 1992; Ord. 1180 § 22, 1992; Ord. 1375 § 53, 1998)
§ 20.20.165 Consultant services – Fee and deposit.
Repealed by Ord. 1505.
(Ord. 1129 § 5, 1991; Ord. 1173 § 14, 1992; Ord. 1375 § 54, 1998)
§ 20.20.170 Appeal – Action by city council.
Repealed by Ord. 1505.
(Ord. 485 § 12.10.10, 1971)
§ 20.20.180 Adherence to approved plans.
Repealed by Ord. 1505.
(Ord. 485 § 12.10.11, 1971)
§ 20.20.190 Revocation.
Repealed by Ord. 1505.
(Ord. 485 § 12.10.12, 1971)
§ 20.20.200 Action on the appeals by the council.
Repealed by Ord. 1505.
(Ord. 485 § 12.10.13, 1971)
