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A change to any use other than a use listed as permitted in the underlying zoning may be considered for a zoning special exception if all of the following criteria are met:

A. The property is listed on the local historic register or within a district on the historic register.

B. All proposed changes to the property have been approved by the board as being compatible with the historical designation of the property through the board’s certificate of appropriateness process, as detailed elsewhere in this chapter.

C. The change in use is demonstrated as necessary to ensure that the historic nature of the property/district will be preserved, considering all uses allowed in the underlying zone.

D. Zoning special exceptions are permitted, provided the community development director determines on a case-by-case basis that such use possesses no characteristics which would adversely impact surrounding neighborhoods, or that any potentially adverse characteristics can be adequately minimized and/or mitigated so as not to be materially detrimental to the community. Zoning special exceptions can vary widely in their characteristics, depending upon the type of use being sought. Accordingly, certain types of zoning special exception may require the imposition of extensive conditions to mitigate potential adverse impacts to the community, while others may not; in some cases, adequate mitigation of impacts may not be feasible, and a proposed zoning special exception consequently may not be allowed. The community development director shall therefore have the authority to approve, approve with conditions, or deny a request for a zoning special exception, after consideration of the performance criteria set forth herein.

1. Process.

a. A zoning special exception permit shall be required prior to the commencement of such a use.

b. A zoning special exception permit is a Type II action and shall be processed accordingly, as set forth in BMC Title 11, Administration of Development Regulations, except that the community development director shall determine whether a pre-application conference shall be required. Proposed zoning special exception applications meeting the requirements for transportation concurrency review in accordance with Chapter 17.03 BMC shall obtain concurrency approval prior to a zoning special exception being approved. The permit fee for a zoning special exception shall be established by resolution of the city council.

2. Performance Criteria.

a. Parking Requirements.

(1) The layout, design and sizing of parking areas shall be consistent with the requirements of Chapter 12.16 BMC;

(2) Shared parking as provided for within BMC 12.16.040 may be used to satisfy the parking requirements;

(3) No on-street parking shall be allowed.

b. Architectural standards shall be addressed as part of the board’s certificate of appropriateness process, as specified elsewhere in this chapter.

c. Landscaping Standards. Zoning special exception uses shall be required to install landscaping as required under Chapter 12.18 BMC. Modifications may be made by the community development director to match a specific historic-based landscape design, to preserve existing trees, or to ensure compatibility with the surrounding neighborhood.

d. Other Structures. Outdoor recreation facilities such as decks, patios, or sports facilities shall be oriented away from adjacent detached residential properties. Exterior patios and decks shall be screened with landscaping and solid fencing at the discretion of the community development director.

e. Lighting. Outdoor lighting fixtures for uses approved under the zoning special exception shall be directed away from single-family residences and kept as low in elevation as is consistent with providing adequate light levels for safety and security while minimizing the impact on single-family residences.

f. Signage. Any signage associated with a zoning special exception shall comply with Chapter 12.22 BMC, Signs, except that the director shall have the authority to make minor modifications to Chapter 12.22 BMC as appropriate to ensure compatibility with the surrounding neighborhood.

g. Hours of Operation. The director shall determine whether proposed hours of operation associated with a zoning special exception are compatible with the surrounding neighborhood and shall have the authority to modify any proposed hours of operation.

h. The performance criteria detailed above are the minimum necessary to provide compatibility with surrounding neighborhoods. The community development director may require additional mitigation measures if they are deemed necessary to provide such compatibility. (Ord. 2322 § 31, 2020; Ord. 2069 § 2 (Exh. B), 2011. Formerly 22.28.055).