§ 17.52.020. Authorization to grant or deny conditional use permit

Conditional uses listed in this title may be permitted, altered or enlarged upon by authorization of the planning commission in accordance with the standards and procedures set forth in this chapter.

A. In taking action on a conditional use permit application the planning commission may either approve or deny the application. A decision by the planning commission may be appealed to the city council as outlined in Section 17.64.050 of this title.

B. The decision to approve or deny a conditional use shall be based on the following criteria.

1. Development of the property as proposed in the application is generally compatible with existing development on abutting properties and in the surrounding neighborhood. It is also generally compatible with possible future development of the property in the surrounding neighborhood as indicated in the comprehensive plan. This criteria does not apply to manufactured home parks;

2. The proposed development site has the physical characteristics needed to support the use considering factors such as steepness of slope and septic suitability;

3. The proposed development will not unduly affect the capacity of current public facilities, including streets and utility systems;

4. The proposed development is consistent with the goals and policies in the comprehensive plan.

C. In approving a conditional use permit application, the planning commission may impose, in addition to those standards and requirements expressly specified by this title, additional conditions which the planning commission considers necessary to protect the appropriate development and best interests of the surrounding property, the neighborhood, and the city as a whole. These conditions may include, but are not limited to, the following.

1. Increasing the required lot size, lot width, or yard dimensions;

2. Limiting the height, size or location of a building or other structure;

3. Controlling the location and number of vehicle access points;

4. Increasing the street width;

5. Increasing the number of required off-street parking or off-street loading spaces;

6. Requiring fencing, screening, landscaping or other facilities to protect adjacent or nearby property;

7. Limiting the number, size, location of lighting of signs;

8. Designating sites for open space or outdoor recreation areas;

9. Limiting the manner in which the use is conducted including restricting the time an activity may take place and restraints to minimize such environmental effects as noise, vibration, air pollution, glare and odor;

10. Setting a time limit for which the conditional use is approved;

11. Providing internal property improvements such as utilities, drainage facilities, streets, curbs, gutters, walkways, parking areas, landscaping, fencing, screening, or recreation areas in order to enhance the area and to protect adjacent or nearby property;

12. Other conditions necessary to permit the development of the city in conformity with the intent and purpose of this title and the policies of the comprehensive plan;

13. The standards for manufactured home parks expressly specified in Section 17.52.030(B) cannot be exceeded in taking action on a conditional use application.

D. In the case of a use existing prior to the effective date of the ordinance codified in this title and classified in this title as a conditional use, the change in use or in lot area or the alteration or enlargement of the structure shall conform with the requirements for conditional use.

E. The planning commission may require that the applicant for a conditional use furnish the city with a performance bond or similar contractual arrangement of up to the value of the cost of the improvement to be guaranteed by such bond, in order to assure that the conditional use is completed according to the plans as approved by a person designated by the city council.

F. The planning commission may require that an applicant for a conditional use enter into a contractual agreement with the city to assure that the applicant will provide streets, curbs, gutters, sidewalks, and water, sewer, and drainage facilities that meet city standards.

(Ord. 273 § 7.020, 1998)