(1) 
It is the intent of this chapter to provide a process to allow for uses that are not permitted outright within a zone. Such uses typically require a special degree of control to make sure they are consistent with the intent of the zone and compatible with other existing and permitted uses within the zone. Accordingly, these uses require a discretionary, case-by-case review and analysis for the possible imposition of conditions to mitigate the adverse effects of the use. These are identified as "conditional uses." The purpose of this chapter is to provide standards and procedures under which a conditional use may be permitted, enlarged, or altered, if the site is appropriate and if other appropriate conditions of approval can be met.
(2) 
A conditional use permit shall not replace the variance procedure in Chapter 20.28 POMC or be used to permit uses that are prohibited within the zone. If a variance is desired for the same property upon which a conditional use permit is required, the variance application may be filed in conjunction with the conditional use permit application, and the two applications will be processed concurrently.
(3) 
A use that was legally established but is now permitted only as a conditional use is not a nonconforming use and will be regulated as if a conditional use permit had earlier been granted.
(4) 
For properties within the city's shoreline zone, the standards of the city's shoreline master program also apply, and a shoreline conditional use permit may also be concurrently required.
(Ord. 019-17 § 18 (Exh. 1))
(1) 
The community development director is authorized and directed to administer the provisions of this chapter relating to conditional use permits.
(2) 
An application for a conditional use permit shall be reviewed in accordance with Chapter 20.22 POMC as a Type III decision.
(3) 
The hearing examiner shall have the authority to grant the request for approval of a conditional use permit. When considering a request for a conditional use permit, the hearing examiner shall consider the applicable criteria, standards, intent, and policies established by this chapter.
(Ord. 019-17 § 18 (Exh. 1); Ord. 017-23 § 5 (Exh. A))
In addition to the requirements for a complete application as set forth in Chapter 20.24 POMC, the following materials shall be submitted to the city for a complete application for a conditional use permit. Refer to the relevant city application form for numbers of copies of each item that must be included and the type of accompanying electronic submittal that is required (if relevant).
(1) 
Seven copies of a completed application form (including all supporting documents) signed by the property owner(s) and/or applicant;
(2) 
Date, name, address, telephone number and email of the applicant;
(3) 
Name, address, telephone number and email of the owner of the property identified in the application;
(4) 
A statement that the applicant attests by written oath to the accuracy and completeness of all information submitted for an application;
(5) 
A site plan meeting the requirements of the submittal checklist, which at a minimum shall include the information in POMC § 20.50.040;
(6) 
Applicable filing fee(s), if any, as established in the current city of Port Orchard fee schedule and relevant deposit(s), if any, as permitted or required by other chapters or sections of the POMC;
(7) 
Any additional information as required by the applicable submittal checklist or other chapters of this title for the proposed use, or as indicated by city staff at a preapplication meeting.
(Ord. 019-17 § 18 (Exh. 1))
(1) 
The site plan required by POMC § 20.50.030 shall include the following information:
(a) 
Vicinity map;
(b) 
Name, address, phone number of property owner;
(c) 
Name, address, phone number of engineer or agent;
(d) 
Boundaries and dimensions of property;
(e) 
Adjacent public streets;
(f) 
Easements, existing and proposed;
(g) 
Location and size of all existing and proposed utilities;
(h) 
Location of building(s), including setbacks;
(i) 
Building/structure heights;
(j) 
Location and layout of off-street parking;
(k) 
Location and height of fences;
(l) 
Locations and size of signs;
(m) 
A general lighting plan showing proposed lighting types and location including proposed shielding methods. Landscape detailing including, but not limited to, type and location of vegetation, initial and mature planting sizes, and methods of irrigation.
(2) 
The submitted site plan shall be adopted and be made part of any approved conditional use permit. For the duration of the conditional use permit, subsequently issued building permits and construction activity shall be in accord with the approved site plan.
(3) 
Adjustments to the site plan may be approved after conditional use permit approval as follows:
(a) 
Minor Adjustments. Minor adjustments to the site plan may be made and approved by the community development director or designee. Minor adjustments are those which may affect the precise dimensions or siting of buildings, but which do not affect the basic character or arrangement of buildings approved, nor the development coverage of the development or the open space requirements. Such dimensional adjustments shall not vary more than 10 percent from the original site plan. Minor adjustments may include revisions to landscaping; provided; that the landscaping plan complies with the landscape code and the permit conditions of approval.
(b) 
Major Adjustments. Major adjustments are those adjustments, other than minor adjustments, when determined by the community development director or designee, that substantially change the basic design, coverage, open space or other requirements of the conditional use permit, and/or would result in noncompliance with one or more permit conditions of approval. When the community development director or designee determines a change constitutes a major adjustment, no building or other permit shall be issued for the use without prior review and approval of such adjustment pursuant to this section.
The submittal requirements and review and approval process for a major adjustment to the site plan of an approved conditional use permit shall be substantially the same as that required for the original conditional use permit. An application for major adjustment meeting the information requirements of POMC § 20.50.030 shall be submitted. At the discretion of the community development director or designee, the applicant may be able to resubmit or incorporate by reference some portions of the original conditional use permit submittal as part of the application for a major adjustment; however, the application for major adjustment shall be subject to the same submittal, fees, processing, and findings of fact requirements of this chapter for conditional use permits, as applicable.
(Ord. 019-17 § 18 (Exh. 1); Ord. 017-23 § 5 (Exh. A))
(1) 
Hearing Examiner Findings. The hearing examiner shall not grant a conditional use permit unless the hearing examiner finds that the request meets all of the following criteria and the hearing examiner makes written findings to that effect:
(a) 
That the conditional use is consistent with the objectives of the zoning code and the purpose of the zoning district in which the subject site/property is located;
(b) 
Granting the conditional use will not have a substantively greater adverse effect on the health, safety or welfare of persons living or working in the area and will not be substantively more injurious, economically or otherwise, to property or improvements in the surrounding area than would any use generally permitted in the zone. Among matters to be considered are traffic flow and control, access to and circulation within the property, off-street parking and loading, refuse and service area, utilities, screening and buffering, signs, yards and other open spaces, height, bulk, and location of structures, location of proposed open space uses, hours and manner of operation, and noise, lights, dust, odor, fumes, and vibration;
(c) 
The proposal is in accordance with the goals, policies, and objectives of the comprehensive plan;
(d) 
The proposal complies with all requirements of this title;
(e) 
The conditional use will be supported by adequate public facilities or services and will not adversely affect public services to the surrounding area, or conditions can be established to mitigate adverse impacts on such facilities; and
(f) 
Existing conditions of approval required as part of a prior land division or permit shall be met.
(2) 
Conditions of Approval. The hearing examiner may impose specific conditions upon the use, including increasing the standards of this title, which are found necessary to find that the required approval criteria in this section have been met. Possible conditions on use include, but are not limited to:
(a) 
Limiting the hours, days, place and/or manner of operation;
(b) 
Requiring site or architectural design features which minimize environmental impacts such as noise, vibration, exhaust/emissions, light, glare, erosion, odor and/or dust;
(c) 
Requiring larger setback areas, lot area, and/or lot depth or width;
(d) 
Limiting the building or structure height, size or lot coverage, and/or location on the site;
(e) 
Designating the size, number, location and/or design of vehicle access points or parking areas;
(f) 
Requiring street right-of-way to be dedicated to the public and street(s), sidewalks, bicycle facilities, curbs, planting strips, pathways or trails to be improved;
(g) 
Requiring landscaping, screening, drainage, water quality features and/or improvement of parking and loading areas;
(h) 
Limiting the number, size, location, height and/or lighting of signs;
(i) 
Limiting or setting standards for the location, design and/or intensity of outdoor lighting;
(j) 
Requiring berms, screening or landscaping and the establishment of standards for their installation and maintenance;
(k) 
Requiring and designating the size, height, location and/or materials for fences; and
(l) 
Requiring the protection and preservation of existing trees, soils, vegetation, watercourses, habitat areas, drainage areas, historic resources, cultural resources, and/or sensitive lands.
(3) 
Denial. The director may recommend conditioning or denial of the conditional use permit application based on RCW 43.21C.060 (SEPA).[1] In addition, the hearing examiner may deny the conditional use permit if they determine that the proposed use does not meet the criteria in this section and/or is materially detrimental to the public welfare or injurious to property in the zone or vicinity in which the property is located.
[1]
In order to deny an application under SEPA, the city must find that: (1) the proposal would result in significant adverse impacts identified in a final or supplemental environmental impact statement prepared under Chapter 43.21C RCW; and (2) reasonable mitigation measures are insufficient to mitigate the identified impact. RCW 43.21C.060.
(Ord. 019-17 § 18 (Exh. 1); Ord. 017-23 § 1 (Exh. A))
A conditional use permit application shall be approved, approved with conditions, remanded or denied within the time established in POMC § 20.24.110(3)(c), unless the applicant consents in writing to a longer processing time period.
(Ord. 019-17 § 18 (Exh. 1); Ord. 019-24 § 13)
(1) 
Applies to Authorized Use Only. Issuance of a conditional use permit shall be deemed to authorize only the particular use for which it is issued. If a quasi-judicial zoning map amendment that does not allow the conditional use is subsequently approved for the site, the use will be allowed to continue subject to the terms and conditions of the conditional use permit.
(2) 
Binding on Subsequent Owners. All conditions of approval shall be binding upon the applicant, their successors and assigns; shall run with the land; shall limit and control the issuance and validity of certificates of occupancy; and shall restrict and limit the construction, location, use and maintenance of all land and structures within the development.
(Ord. 019-17 § 18 (Exh. 1))
(1) 
A conditional use permit shall become null and void three years after the effective date, unless one of the following has occurred:
(a) 
A building permit and/or site development activity permit has issued and construction and/or site development begun and diligently pursued;
(b) 
An occupancy permit has issued and the approved use has been established;
(c) 
An extension has been granted by the community development director. Such extension shall be for a maximum of one year, and no extension may be granted which would extend the validity of the permit more than five years beyond the effective date of the permit. No extension will be granted if it necessitates modification of any condition of approval; or
(d) 
The hearing examiner's decision on the conditional use permit has established a different expiration date, such as tying it to the expiration of a quasi-judicial map amendment for the same property.
(2) 
Development of the conditional use shall not be carried out until the applicant has secured all other permits and approvals required by the city, or any applicable regional, state and federal agencies.
(3) 
Any conditional use that has been initiated and then discontinued may not be reestablished or recommenced except pursuant to a new conditional use permit. The following will constitute conclusive evidence that the conditional use has been discontinued:
(a) 
A new permit has been issued to change the use of the lot and the new use has been established; or
(b) 
The lot has not been used for the purpose authorized by the conditional use permit for more than 24 consecutive months. Lots that are vacant, or that are used only for storage of materials and equipment, will not be considered as being used for the purpose authorized by the conditional use. The expiration or revocation of a business or other license necessary for the conditional use to operate will suffice as evidence that the lot is not being used as authorized by the conditional use permit.
(4) 
Pursuant to POMC § 20.02.060, failure to carry out conditions of CUP approval shall constitute a violation of this code.
(Ord. 019-17 § 18 (Exh. 1); Ord. 017-23 § 5 (Exh. A))