20.16.010 General provisions.
A. Certain uses because of their unusual size, infrequent occurrence, special requirements, possible safety hazards or detrimental effects on surrounding properties and other similar reasons, are classified as conditional uses.
B. Certain uses may be allowed in certain general use types by a conditional use permit granted by the hearing examiner, provided such use is specified under the conditional use subsection of the appropriate general use type handbook and it is clearly shown that:
1. The proposed use will promote the health, safety, and general welfare of the community.
2. The proposed use will satisfy the purpose and intent of the general use type in which it is located.
3. The proposed use will not be detrimental to the surrounding neighborhood.
C. Nonconforming uses may be allowed to expand, enlarge, or increase in intensity by a conditional use permit granted by the hearing examiner; provided, that the added impacts from the proposed modification are shown to be consistent with the standards set forth in BMC 20.14.020(E) and in subsections (B)(1) and (B)(3) of this section. The division of land containing nonconforming residential uses does not constitute an expansion, enlargement, or increase in intensity if the division of land is found to comply with BMC 23.08.050(A)(7).
D. Prior to the granting of such permit, the hearing examiner shall hold a public hearing as provided herein and such permit shall only be issued if it shall be evident that all conditions for that particular use have been satisfied. Any request for a conditional use permit or variance which is part of a consolidated permit process as provided in BMC Title 21 shall be reviewed under the procedures of said title.
E. In applying the standards set forth in subsection (B) of this section the hearing examiner shall consider the following factors as to whether the proposed use will:
1. Be harmonious with the general policies and specific objectives of the comprehensive plan.
2. Enable the continued orderly and reasonable use of adjacent properties by providing a means for expansion of public roads, utilities, and services.
3. Be designed so as to be compatible with the essential character of the neighborhood.
4. Be adequately served by public facilities and utilities including drainage provisions.
5. Not create excessive vehicular congestion on neighborhood collector or residential access streets.
6. Not create a hazard to life, limb, or property resulting from the proposed use, or by the structures used therefor, or by the inaccessibility of the property or structures thereon.
7. Not create influences substantially detrimental to neighboring uses. “Influences” shall include, but not necessarily be limited to: noise, odor, smoke, light, electrical interference, and/or mechanical vibrations.
8. Not result in the destruction, loss, or damage to any natural, scenic, or historic feature of major consequence.
F. The hearing examiner shall not waive or reduce the minimum requirements of this title or any other title of the city code, unless upon proper variance petition.
G. Any conditional use permit that is issued shall certify the location, nature, and extent of the use, together with all conditions that are imposed and any other information deemed necessary for the issuance of said permit. A copy of this permit shall be kept on file and if at any time after implementation of the permit it is found that the property no longer complies with the conditions therein specified, then the owner shall be declared in violation of this title and shall be subject to its penalties.
H. An application for a conditional use permit which has been denied in whole or part shall not be resubmitted for a period of two years from the date of such denial, provided a conditional use application may be resubmitted if it is “sufficiently different.”
An application is “sufficiently different” when one of the following has been altered:
1. The application is for a different use.
2. The site area on a square foot basis has enlarged or decreased by at least 50 percent.
3. If the use has remained the same, when the total floor area on a square foot basis of all structures on the site has decreased by at least 50 percent.
4. The application satisfactorily addresses concerns identified by the hearing examiner as part of the public hearing preceding denial of the permit in whole or in part.
I. The director, may, if requested by the applicant, administratively consider and approve, one-time, nonaccumulative additions, modifications or changes when the intent of the hearing examiner, or specific conditions required by the hearing examiner, shall not be reduced or eliminated, and the modifications meet all of the following criteria:
1. The alterations result in an improved development plan for both the use itself, and the neighborhood.
2. Any alterations to structures constitute less than a 10 percent change on a square foot basis of the total floor area as originally approved.
3. The alterations will not infringe upon any requirements of this title.
4. The alterations will not have significant impact beyond the site.
Notification of such determination shall be forwarded to the city council and hearing examiner.
J. For eating establishments that have been granted a conditional use permit prior to October 8, 2019, a request to add accessory and incidental alcohol service may be approved administratively; provided, that criteria in subsections (I)(1) through (I)(4) of this section are met. If granted, the request shall not count as a one-time change. [Ord. 2019-09-028 § 3; Ord. 2018-12-036 § 26; Ord. 2004-09-065; Ord. 2002-10-069 § 47; Ord. 10719 § 3, 1996; Ord. 9591 § 1, 1986; Ord. 9251 § 3, 1983; Ord. 9024, 1982].