Chapter 18.12   DECISION CRITERIA FOR PERMITS

Sections:


18.12.010   Conditional use and administrative conditional use permits.

A.

Purpose. Conditional uses, which arc identified in various zones in this title, are those uses which require additional review and special conditions to ensure that they are compatible with their site and surrounding area. This chapter sets forth the criteria that the city will use to review such proposals.

B.

Criteria. The city, whether the director or the hearing examiner in the appropriate case, will consider the following criteria in reviewing conditional use permit applications, and may only approve an application if the applicant demonstrates that all of the criteria arc met:

1.

The proposal is consistent with the goals and policies of the comprehensive plan;

2.

Environmental and operational impacts associated with the use can be adequately mitigated through the imposition of reasonable conditions;

3.

The use is designed so as to be compatible with the character of the surrounding area;

4.

The location, size and height of buildings, structures, walls and fences and screening vegetation for the conditional use will not hinder permitted development or discourage the use of neighboring properties;

5.

The conditional use is designed in a manner that is compatible with the physical characteristics of the subject property;

6.

It is not in conflict with the health and safety of the community;

7.

Pedestrian and vehicle traffic associated with the use will not be hazardous or conflict with existing and anticipated traffic in the neighborhood; and

8.

The conditional use will be supported by adequate public services and facilities, including any services and facilities that the applicant funds or provides.

C.

Process. Consideration of conditional use and administrative conditional use permit applications shall follow the procedures in Chapter 18.08.

D.

Essential Public Facilities. In addition to the criteria set forth in Chapter 18.58, essential public facilities are also subject to the criteria of this section.

(Ord. No. 909, § 2 (Exh. A), 6-18-2009)

18.12.020   Zoning reclassification (rezone) and zoning text amendments.

A.

Purpose. A reclassification of property or rezone is a mechanism through which the city can ensure that development occurs consistent with the comprehensive plan. It also recognizes that conditions applicable to individual properties may change over time in response to new or differing land use needs or practices, or new land use policies. A zoning text amendment is a mechanism for ensuring consistency between the comprehensive plan and development regulations, and a means to recognize new land use policies, implementing techniques, or land use practices.

B.

Criteria—Map Amendments. The city will consider the following criteria in reviewing applications for zoning reclassifications, and may only approve an application if the applicant demonstrates that all of the criteria are met:

1.

The proposal is consistent with the goals and policies of the comprehensive plan, and with the future land use map;

2.

The subject property is suitable for development in conformance with the standards applicable to the requested zoning designation;

3.

The proposal will not be materially detrimental to properties in the immediate vicinity or the community based on the range of uses allowed in the proposed zoning classification;

4.

Adequate services and facilities, including transportation facilities, will be available to serve the range of uses permitted in the proposed zoning classification;

5.

The proposed reclassification is warranted because of a change in circumstances, or because of a demonstrated need for additional land within the proposed zoning classification;

6.

The reclassification does not reflect special treatment of the subject property; and

7.

The reclassification will promote the general health, safety and welfare of the community.

C.

Criteria—Text Amendments. The city will review proposed amendments to the text of the zoning code using the following criteria:

1.

The amendment is consistent with and furthers the goals and policies of the comprehensive plan;

2.

Amendment of the text of the code would not render the zoning code internally inconsistent;

3.

The amendment corrects an error or omission in the text of the code; and/or

4.

The amendment does not result in the grant of a special privilege to an individual property owner.

D.

Process. Consideration of reclassification and text amendment applications shall follow the procedures in Chapter 18.08.

(Ord. No. 909, § 2 (Exh. A), 6-18-2009; Ord. No. 948, § 22, 10-7-2010)

18.12.030   Variances.

A.

Purpose. A variance is a mechanism whereby the city may allow variations to the provisions of the zoning code applicable to a specific property where unique conditions exist and make compliance with zoning standards impractical or an unnecessary hardship. A variance is not appropriate, and shall not be granted, to change a use or to allow establishment of a use that is not otherwise permitted in the zone in which the proposal is located.

B.

Criteria. The city will consider the following criteria in reviewing applications for variances, and may only approve an application if the applicant demonstrates that all of the criteria are met:

1.

Granting of the proposed variance would not allow a use which is not classified as a permitted, accessory, or conditionally permitted use in the applicable zoning district;

2.

The variance is necessary because of special circumstances relating to the unique size, shape, topography, location or surroundings of the subject property;

3.

The need for the variance and the special circumstances applicable to the subject property are not the result of deliberate actions of the applicant or property owner;

4.

Strict enforcement of the requirements of this title creates an unnecessary hardship to the property owner or would deprive the property owner of the rights commonly enjoyed by others in the same area;

5.

The variance does not create health or safety problems, will not be injurious to the public welfare, and does not grant a special privilege to the property owners;

6.

The variance from height or setback requirements does not infringe upon or interfere with the requirements of any easement or covenant; and

7.

The variance is the minimum necessary to grant relief to the applicant.

C.

Administrative Variance. An administrative variance may be granted if the application complies with the following criteria:

1.

The variance would not decrease by more than twenty percent any required front, side or rear yard between buildings;

2.

The variance would not increase by more than ten percent any permitted projection of cornices, sills, eave projections, fences or structures, maximum permitted lot coverage, and unenclosed and uncovered decks into a front, side or rear yard; or

3.

The variance would not increase by more than ten percent the permitted height of a structure.

4.

Strict enforcement of the requirements of this title creates an unnecessary hardship to the property owner or would deprive the property owner of the rights commonly enjoyed by others in the same area;

5.

The variance would not create health or safety problems, will not be injurious to the public welfare, and does not grant a special privilege to the property owner;

6.

The variance is the minimum necessary to grant relief to the applicant.

D.

Granting of a variance shall not relieve an applicant from complying with any other standard or requirement of this title unless and only to the extent that such standard or requirement is specifically addressed as part of the decision on the requested variance.

E.

Process. Consideration of variance requests shall follow the procedures in Chapter 18.08.

(Ord. No. 909, § 2 (Exh. A), 6-18-2009)

18.12.040   Reserved.

Editor's note— Ord. No. 948, § 23, adopted October 7, 2010, repealed § 18.12.040, which pertained to preliminary plats and short plats and derived from Ord. No. 909, adopted June 18, 2009.

18.12.060   Reserved.

Editor's note— Ord. No. 948, § 24, adopted October 7, 2010, repealed § 18.12.060, which pertained to development agreements and derived from Ord. No. 909, adopted June 18, 2009.

18.12.070   Reserved.

Editor's note— Ord. No. 948, § 25, adopted October 7, 2010, repealed § 18.12.070, which pertained to comprehensive plan amendments and derived from Ord. No. 909, adopted June 18, 2009.