|
|
Chapter 18.108
CONDITIONAL USE PERMIT PROCEDURES1Sections:
18.108.010 Purpose.
18.108.015 Applicability.
18.108.020 Applicable procedure.
18.108.030 Submittal requirements.
18.108.040 Decision criteria.
18.108.050 Effect of conditional use permit.
18.108.060 Time limits.
18.108.070 Extension.
18.108.080 Adjustments to a conditional use permit.
18.108.090 Revocation of permit.
18.108.100 Appeals.
18.108.110 Conditional use permit – Administrative and regular.
18.108.010 Purpose.
The purpose of this chapter is to provide for certain conditionally allowed uses at the neighborhood level. A conditional use permit is a mechanism by which the city may require specific conditions on development or the use of land to ensure that designated uses or activities are compatible with other uses in the same zone and in the vicinity of the subject property. If imposition of conditions will not make a specific proposal compatible the proposal shall be denied. (Ord. 2003-03 § 1, 2003: Ord. 94-03 § 2, 1994)
18.108.015 Applicability.
A. A conditional use permit shall be secured from the city prior to establishing or expanding a use that is located on property situated within a zoning district that lists the specific use as conditional.
B. Exemptions.
1. Any activity which does not require a building permit and is not considered a change of use.
2. Any activity that does not expand the square footage of an existing use by more than 25 percent.
3. Notwithstanding subsection B.2 of this section, a use that was lawfully established prior to March 1, 1992, without a conditional or special use permit may increase its square footage up to an accumulative 100 percent without securing a conditional use permit.
4. Interior work which does not alter the exterior of the structure or affect parking standards by increasing floor area.
5. Normal building maintenance including the repair or maintenance of structural members.
6. Maintenance or expansion of existing parks where the proposed activities are exempt from SEPA review in accordance with WAC 197-11-800. (Ord. 2005-29 § 33, 2005)
18.108.020 Applicable procedure.
The city shall process conditional use applications in accordance with Chapter 2.16 BIMC and the following procedures:
A. Preapplication Conference. Prior to submittal of a conditional use permit application, the applicant or applicant’s representative shall attend a preapplication conference in accordance with the purpose and procedures of BIMC 2.16.035. A preapplication conference for a minor conditional use permit proposal may be waived by the director in accordance with BIMC 2.16.035.B.
B. Application. An applicant may submit an application for a conditional use permit at any time after completion of a required preapplication conference. The applicant shall submit a complete application as specified in BIMC 18.108.030. Upon receipt of a complete application, the director shall provide notice to the applicant and public in accordance with BIMC 2.16.085 and commence the application review process. A notice of application with public comment period and a notice of decision shall be required in accordance with BIMC 2.16.085.C and E for all conditional use permit applications.
C. Administrative Conditional Use. An administrative conditional use process may be used for minor projects as determined by the director. An administrative conditional use process shall follow the review procedures set forth in BIMC 2.16.095. Minor projects may include but are not limited to:
1. Projects that are exempt from review under the State Environmental Policy Act (SEPA); or
2. Uses that are clearly consistent and compatible with other uses in the same zone and vicinity; or
3. Uses specifically listed as a conditional use in the zone in which it is proposed.
D. Regular Conditional Use. All other conditional use applications shall be processed using the procedures set forth in BIMC 2.16.100, Hearing examiner decision procedures.
E. Written Comments. An administrative conditional use application that has received written public comments during the notice of application comment period (as set forth in BIMC 2.16.085), concerning the effect on the land use application of the comprehensive plan, shoreline master program or matters not addressed by specific provisions of this code may be processed as a regular conditional use permit, as determined by the director.
F. Review by the Planning Commission. Prior to the final decision on an application, the director or the hearing examiner may remand a proposal to the planning commission for review and recommendation using the procedures set forth in BIMC 2.16.095.D or 2.16.100.C. (Ord. 96-20 § 4, 1996; Ord. 94-03 § 2, 1994)
18.108.030 Submittal requirements.
A. A conditional use permit application and fee as established by city council resolution shall be filed with the department by the owner of land for which the permit is sought, or by the owner’s authorized agent.
B. Required information shall include but shall not be limited to:
1. The legal description of the property, tax lot number and vicinity map; and
2. A complete and detailed written statement of the intended use of the land and the sequence and timing of the proposed development; and
3. A graphic scale drawing of the property indicating:
a. North point; and
b. Boundaries, easements, and ownerships as set forth in the legal description; and
c. Topography at appropriate contour intervals; and
d. Existing structures and improvements; and
e. Location of existing vegetation including all trees over 10 inches in diameter that might be impacted by the proposal, watercourses, other natural features and critical areas; and
f. All proposed improvements, including general building footprints and parking areas and the number of auto and bicycle parking spaces as required by Chapter 18.81 BIMC; and
g. Utilities and/or septic design, if appropriate; and
h. Existing and proposed circulation systems on and off the site, including all adjacent streets and rights-of-way and auto, truck, emergency, pedestrian, bicycle and transit access; and
i. All adjacent streets and rights-of-way; and
j. Landscaping plans in accordance with Chapter 18.85 BIMC, Landscaping and Open Space Requirements; and
4. The terms, conditions, covenants, and agreements under which the subject property is bound, if any; and
5. An environmental checklist, when required; and
6. A statement regarding proposed dedication of trails and parks if required by Chapter 17.08 BIMC; and
7. Other plans and information deemed necessary by the director for evaluation of the merits of the proposal.
C. The director may waive specific submittal requirements determined to be unnecessary for review of an application. (Ord. 2005-11 § 5, 2005; Ord. 98-20 § 13, 1998; Ord. 96-20 § 5, 1996; Ord. 94-03 § 2, 1994)
18.108.040 Decision criteria.
A. A conditional use may be approved or approved with modifications if:
1. The conditional use is harmonious and appropriate in design, character and appearance with the existing or intended character and quality of development in the immediate vicinity of the subject property and with the physical characteristics of the subject property;
2. The conditional use will be served by adequate public facilities including roads, water, fire protection, sewage disposal facilities and storm drainage facilities;
3. The conditional use will not be materially detrimental to uses or property in the immediate vicinity of the subject property;
4. The conditional use is in accord with the comprehensive plan and other applicable adopted community plans, including the nonmotorized transportation plan;
5. The conditional use complies with all other provisions of this code;
6. The conditional use will not adversely affect the area or alter the area’s predominantly residential nature; and
7. All necessary measures have been taken to eliminate the impacts that the proposed use may have on the surrounding area.
B. A conditional use may be approved with conditions. If no reasonable conditions can be imposed that ensure the application meets the decision criteria of this chapter, then the application shall be denied.
C. 1. Educational, cultural, governmental, religious or health care facilities in residential zones must be processed as regular conditional use permits and meet the following criteria, in addition to those listed above:
a. Applicants are required to submit a traffic report, showing the effects on level of service on affected roads. Proposed mitigations for degradation of the LOS must be submitted as part of the application.
b. All sites must front on roads classified as residential suburban or above on the Bainbridge Island Functional Road Classification Map.
c. Noise levels shall be in compliance with BIMC 16.16.020 and 16.16.040.A.
d. The appropriate approvals of sewer and water supply must be submitted at the time of application.
e. A fencing plan or alternative methods to protect the public health, safety and welfare must be submitted at the time of application.
f. The applicant shall provide perimeter buffers of vegetation either retaining existing or planting a new one in compliance with BIMC 18.85.070.D.4 (this only applies to residential districts outside Winslow).
g. These conditional uses are limited in lot coverage to only 50 percent of the allowable lot coverage in the zone in which they are located.
i. Except that public schools, defined as the common schools referred to in Article IX of the State Constitution, established by law and maintained at public expense, and those private learning institutions established by law and maintained at private expense, offering kindergarten, primary and secondary education through the high school level shall be allowed the lot coverage established in the underlying zoning district in which it is located unless conditions are required to limit the lot coverage to mitigate impacts of the use in accordance with this chapter.
h. Vehicular, pedestrian, and bicycle access and site circulation must be submitted at the time of application and approved by the city. The city engineer may modify the requirements of BIMC 18.81.020.D and allow alternate driveway and parking area surfaces; provided, that the allowed surface(s) meets city requirements for handling surface water and pollutants.
i. The applicant shall submit a site and building design proposal that meets the design principles and guidelines found in BIMC 18.41.070, Light manufacturing design guidelines, and incorporates conditions deemed applicable by the director in accordance with this chapter. Each proposal will be evaluated for adequate vegetated roadside views, landscaping buffers for parking and service areas, scale of proposed construction including bulk and height and harmonious architectural design features compatible with the surrounding neighborhood.
2. All of the above facilities which have attendees and employees numbering fewer than 50 or an assembly seating area of less than 50 may have any or all the above requirements waived by the director, except those required elsewhere in the city code.
3. Educational programs in residential zones that are temporary or of short duration, as determined by the director, may be exempt from conditional use permit requirements. (Ord. 2005-11 § 6, 2005; Ord. 2003-03 §§ 2, 3, 2003; Ord. 98-35 § 5, 1999; Ord. 94-03 § 2, 1994)
18.108.050 Effect of conditional use permit.
A. Once a conditional use permit is approved, no building or development shall occur contrary to that specified in the conditional use permit.
B. The owner shall record a declaration with the Kitsap County auditor showing the land to be bound by a conditional use permit.
1. The declaration shall reference the official files of the city through which the permit was granted.
2. The declaration shall be a covenant running with the land.
3. No building permit shall be issued unless such declaration is recorded.
4. No building permit shall be issued for structures other than those specified in the permit. (Ord. 94-03 § 2, 1994)
18.108.060 Time limits.
The conditional use permit automatically expires and is void if the applicant fails to file for a building permit or other necessary development permit within three years of the effective date of the conditional use permit unless:
A. The applicant has received an extension for the conditional use permit in accordance with BIMC 18.108.070; or
B. The conditional use permit approval provides for a greater time period. (Ord. 94-03 § 2, 1994)
18.108.070 Extension.
The department may extend a conditional use permit once for a period not to exceed one year if:
A. The extension request is received by the department no later than 30 days prior to the expiration of the permit;
B. Unforeseen circumstances or conditions necessitate the extension of the permit;
C. Termination of the permit would result in unreasonable hardship to the applicant, and the applicant is not responsible for the delay; and
D. An extension of the permit will not cause substantial detriment to existing uses in the immediate vicinity of the subject property. (Ord. 94-03 § 2, 1994)
18.108.080 Adjustments to a conditional use permit.
A. Minor adjustments to an approved conditional use permit may be made after review and approval by the director. Minor adjustments are those that entail minor changes in dimensions or siting of structures, location of public amenities, but do not entail changes to the intensity or character of the use.
B. For both administrative and regular conditional use permits, adjustments other than minor adjustments to an approved conditional use permit require an amended application and shall be processed in the same manner as a new conditional use permit application. Major adjustments are those which change the basic design, intensity, density, and/or use. (Ord. 94-03 § 2, 1994)
18.108.090 Revocation of permit.
A. The administrative conditional use permit may be revoked by the director and a regular conditional use permit may be revoked by the hearing examiner following the procedures in Chapter 2.16 BIMC upon the finding of any one or more of the following:
1. That the approval was obtained by deception, fraud or other intentional or misleading representation;
2. That the use for which approval was granted has been changed or has at any time been discontinued for a year or more;
3. That the permit granted is being exercised contrary to the terms or conditions of such approval or in violation of the zoning code; or
4. That the use for which the approval was granted was so exercised as to be detrimental to the public health or safety. (Ord. 94-03 § 2, 1994)
18.108.100 Appeals.
A. Appeal of an Administrative Decision. A decision on an administrative conditional use may be appealed to the hearing examiner in accordance with the provisions of BIMC 2.16.130.
B. Appeal of a Hearing Examiner Decision. A decision on a regular conditional use shall be final unless, within 21 days of issuance, it is appealed in accordance with Chapter 36.70C RCW. (Ord. 2003-25 § 12, 2003; Ord. 96-20 § 6, 1996; Ord. 94-03 § 2, 1994)
18.108.110 Conditional use permit – Administrative and regular.
Footnotes
Code Publishing Company
|
|
|
