The purpose of this chapter is to provide an appropriate review process for evaluating and establishing conditional uses to ensure that they are appropriately located within the community, reasonably compatible with surrounding uses, and advancing the community's vision to become a walkable, healthy, and inclusive city.
Conditional uses are not allowed by right. Although they may serve important public and private interests, conditional uses are subject to conditional use review because their size, operation, or characteristics require case-by-case evaluation to identify and mitigate impacts to surrounding properties, public facilities, or the environment. A conditional use approval does not constitute a zone change and is subject to any modifications, conditions, or restrictions deemed appropriate by the approval authority.
(Ord. 18-28 §1)
A. 
Conditional use approval is required to establish a new conditional use or to substantially redevelop an existing conditional use.
B. 
Conditional use approvals do not expire once utilized, except through discontinuation as described in Section 18.740.080.
C. 
Conditional use approvals or existing conditional uses may be modified as allowed by Chapter 18.765, Modifications.
(Ord. 18-28 §1; Ord. No. 24-05, 4/23/2024)
The approval authority will approve or approve with conditions a conditional use application when all of the following criteria are met:
A. 
The characteristics of the site are suitable for the proposed development or use considering size, shape, location, topography, and natural features;
B. 
The operating characteristics of the proposed use are reasonably compatible with surrounding properties, public facilities, or sensitive lands with regard to noise, vibration, air quality, glare, odor, and dust;
C. 
The physical characteristics of the proposed development are reasonably compatible with surrounding properties, public facilities, or sensitive lands with regard to building height, location, and orientation;
D. 
Any adverse impacts from the proposed development or use are mitigated to the extent practicable;
E. 
The proposed development is located and designed to support pedestrian access, safety, and comfort on and adjacent to the site where practicable;
F. 
The proposed development complies with all applicable standards and requirements of this title, except where an adjustment has been approved or the approval authority has determined that a more restrictive development or design standard is necessary to address issues of compatibility or walkability; and
G. 
Adequate public facilities are available to serve the proposed development or use at the time of occupancy.
H. 
If the proposed development is located in an industrial zone, it provides public benefits consistent with the purpose of the base zone where the restricted use is located. Potential benefits include, but are not limited to, the following:
1. 
Energy Trust Path to Net Zero certification, as demonstrated by an approved EUI number,
2. 
On-site generation and storage of renewable power,
3. 
Off-site improvements to active transportation facilities,
4. 
Documentation that the appropriate Jobs and Economic Development Fee has been paid, as determined by the Economic Development Manager or designee, or
5. 
Other similar item as determined by the Director.
(Ord. 18-28 §1; Ord. 19-09 §1; Ord. 20-01 §1;Ord. No. 24-05, 4/23/2024)
The approval authority may impose conditions of approval on the proposed development or use that are suitable and necessary to meet the approval criteria and to ensure compatibility with surrounding properties, protect the public from adverse impacts, or advance the community's vision to become a walkable, healthy, and inclusive city. Conditions may include but are not limited to the following:
A. 
Limiting the hours, days, place, and manner of operation;
B. 
Requiring design features that minimize adverse operational impacts such as those caused by noise, vibration, air pollution, glare, odor, and dust;
C. 
Requiring the protection and preservation of existing trees, vegetation, land forms, and habitat areas or limiting lot coverage;
D. 
Requiring pedestrian access or improvements within the development or between the development and the surrounding community;
E. 
Requiring additional landscaping or screening of structures, off-street parking, or service areas;
F. 
Requiring or limiting the location, intensity, and shielding of outdoor lighting; or
G. 
Requiring or limiting the size, height, location, and materials of fences.
(Ord. 18-28 §1; Ord. 19-09 §1)
A. 
A pre-existing conditional use is any established use currently identified in this title as a conditional use where the use was not initially subject to city regulations when established, but became subject to city regulations through annexation or incorporation. A pre-existing conditional use is the same as an approved conditional use for purposes of this chapter.
B. 
A pre-existing conditional use is not a nonconforming use and is therefore not subject to the provisions of Chapter 18.50, Nonconforming Circumstances. However, any nonconforming development associated with a pre-existing conditional use is subject to the provisions of Chapter 18.50, Nonconforming Circumstances.
(Ord. 18-28 §1)
A conditional use automatically loses its conditional use status when either of the following occurs:
A. 
The property owner replaces the conditional use with a use allowed by right or obtains approval to establish a different conditional use; or
B. 
The conditional use is discontinued for more than one year. Calculation of the one-year period begins on the earliest date that any of the following events occurs:
1. 
The conditional use physically vacates the location where it was approved to operate;
2. 
The conditional use ceases to provide the service or activity that was the subject of the conditional use approval;
3. 
The lease or contract allowing the conditional use to operate at the approved location is terminated; or
4. 
A final reading of the water or power meter serving the conditional use is made by the applicable utility provider.
(Ord. 18-28 §1)