It is the purpose and intent of this chapter to provide a process to promote the development or redevelopment of those properties that front on an arterial street but due to a non-standard subdivision pattern, shallow lot depth, access patterns, or similar property characteristics, face significant constraints in complying with required development standards, thereby causing a severe hardship for which a variance either does not apply or does not provide the necessary relief.

(Ord. No. 3159, § 3(Exh. A), 11-12-24)

In cases where the interaction or combination of development standards and/or design guidelines limits or fully prevents a site's ability to be developed or redeveloped, a conditional use permit may be requested subject to the provisions of Sections 18.52.060 and 18.52.070. An application for a conditional use permit shall be processed in accordance with the provisions of Sections 18.52.080 through 18.52.100.

(Ord. No. 3159, § 3(Exh. A), 11-12-24)

A.

A conditional use permit may be granted to enable reasonable development, provided the applicant presents clear and convincing evidence that strict adherence to all applicable development standards and/or design guidelines will substantially limit or fully prevent viable development or redevelopment of the site and the approval authority can make the additional findings below.

B.

Findings.

1.

Conformance with development standards and/or design guidelines will substantially limit or fully prevent development or redevelopment of the site;

2.

The project has been designed to comply, to the greatest extent possible, with all applicable development standards and design guidelines without substantially limiting or dully preventing development or redevelopment of the site;

3.

The site proposed for the development and use has sufficient access to streets which are adequate in width and pavement type to carry the quantity and quality of traffic generated by the proposed use;

4.

The site proposed for development and use will not unreasonably interfere with the use, possession and enjoyment of surrounding and adjacent properties;

5.

The proposed development and use will be compatible with the permitted uses of surrounding properties and adjacent properties; and,

6.

Deviation from the development standards and design guidelines will not adversely affect the public health, safety and welfare.

(Ord. No. 3159, § 3(Exh. A), 11-12-24)