18.104.050 Procedures for conditional uses.
A. Generally. The development and execution of this title is based upon the division of the Borough into districts. It is recognized, however, that there are conditional uses which, because of their unique character and special and unusual impact upon the use of adjacent property, cannot be properly classified in any particular district or districts without consideration, in each case, of the impact of those uses upon adjacent property and upon the public need for the particular use in a particular location. Conditional uses are those operated by a public agency or public utility or uses traditionally associated with the public interest, or uses entirely private in nature but of such a character that their operation may give rise to unique problems with respect to their impact upon adjacent property or public facilities.
B. Application for a Conditional Use. An applicant for a conditional use shall complete and submit the approved application form in accordance with the procedures established herein. The applicant shall be the owner of the property described on the application, the contract purchaser of said property, the holder of an option to purchase said property, or such persons that possess a substantial proprietary interest in the property being considered. The written consent of the owner, or an authorized representative having power of attorney, shall accompany all applications. The written consent of a holder of a security interest in the property does not need to be obtained. The application shall also include the following information:
1. The legal and common description of the property to be considered for a conditional use;
2. The conditional use requested and the reasons for requesting it;
3. The property’s present zoning classification;
4. A site plan showing the subject property and its dimensions;
5. The use, location, size and height of all existing and proposed buildings and structures on the subject property;
6. Where applicable, the location of all existing and proposed curb cuts, driveways, off-street parking spaces and loading areas, traffic circulation patterns, street and right-of-way width, sidewalks, landscaping, screening, open space areas, signage, lighting and other related matters.
C. Hearing and Decision by the Planning Commission. The Planning Commission shall review, hear and decide whether or not to approve a request for a conditional use. The Planning Commission shall also consider and adopt findings in each of the following:
1. Whether or not the proposed conditional use conforms to the intent and purpose of this title and of other ordinances and state statutes;
2. Whether or not there are adequate existing sewage capacities, transportation facilities, energy and water supplies, and other public services to serve the proposed conditional use;
3. Whether or not the proposed conditional use will protect the public health, safety and welfare.
The Planning Commission may approve or deny a conditional use request or may approve a conditional use request with conditions to ensure the protection of the public health, safety and welfare. Such conditions may relate to any, or more, of the following: traffic flow and access requirements, lighting, pedestrian movements, time limits for commencing or ceasing use.
D. Application to Amend a Conditional Use. An owner of a property for which a conditional use has been permitted, the contract purchaser of said property, the holder of an option to purchase said property, or such persons that possess a substantial proprietary interest in said property may apply for amendment of the conditional use relating to said property. An application for amendment of a conditional use shall be processed in the same manner as an application for a conditional use and shall be governed by the procedures set out in this chapter.
E. Application to Amend Conditional Use for a Planned Unit Development. A conditional use for a planned unit development granted under this or a former title may be amended as provided for in subsection (D) of this section.
F. Revocation of Conditional Use Permit.
1. After a mandatory written notification to the permittee and, if feasible, an opportunity to comply with the terms of the conditional use permit within the time frame set at the discretion of the Code Enforcement Officer, the Planning Commission may revoke a conditional use permit upon a finding of:
a. A material change in the conditional use without an amendment; or
b. Material noncompliance with the conditions prescribed upon issuance of the conditional use permit; or
c. An error, misstatement, or misrepresentation of a material fact by the permittee as to the nature of the conditional use to be conducted.
2. Written notice setting forth the specific grounds for the proposed revocation and the time set for hearing before the Planning Commission must be mailed or delivered to the permittee at least 30 days prior to the hearing. Publication of notice and mailing of notice procedures applicable to the granting of a conditional use shall apply to a revocation action.
G. Revocation Effect. Unless otherwise ordered, the permittee or owner shall have up to 30 days after the decision of the Planning Commission or the completion of any appeal to cease the conditional use that has been revoked. The permittee shall be responsible for any and all remediation of the property subject to the conditional use permit as may be ordered by the Planning Commission or on appeal. Failure to timely cease the conditional use shall be a violation. (Ord. 2014-43 §§ 4, 5, 2014; Ord. 2014-19 § 2, 2014; Ord. 97-014 § 2, 1997; Ord. 88-010 § 2, 1988. 2004 Code § 18.54.030.)