Part 5 — OPEN SPACE ZONE AND SPECIAL USES

Uses permitted in the Open Space Zone and are eligible for consideration as a Special Use (see CMC § 9151.5 through § 9151.7 ) as indicated in the following table:

USES PERMITTED IN THE OPEN SPACE ZONE OR ELIGIBLE FOR CONSIDERATION AS A SPECIAL USE

*May be permitted temporarily on a site for which a permanent Special Use has been authorized.

Any person, firm or corporation violating any provision of this Section shall be guilty of an infraction and shall be punishable as provided in Chapter 2 of Article I .

(Ord. 16-1590, Exh. B (§ 13); Ord. 10-1460 § 2; Ord. 82-602 § 3; Ord. 80-532 § 7; Ord. 78-446; Ord. 79-479 § 9)

• A. No use except as hereinafter provided, shall be permitted on property designated as ORL (Organic Refuse Landfill) without the approval of a conditional use permit by both the Commission and the Council. Such conditional use permit shall require, as a condition precedent to use of the property under the conditional use permit, approval by the Building and Safety Division and the Council of a report submitted by the applicant pursuant to the applicable provisions of the Building Code, prepared by a licensed civil engineer designated by the applicant and approved by the City, which shall provide and include plans for a protective

system or systems designated to eliminate or mitigate the potential hazards and environmental risks associated with the proposed use. Approval of such report by the Building and Safety Division shall be in the discretion of the Building Official, who shall evaluate any risks and hazards associated with the site and proposed use and who may grant approval only if he finds that the report and plans adequately provide for protection against such associated risks and hazards. The Building Official's approval shall be submitted to the Council for final approval which will be in the discretion of the Council.

The following uses are exempt from the provisions of this Section:

1. Uses which do not involve buildings or structures, including but not limited to outdoor storage, display and outdoor recreational facilities.

2. Construction of structures which are unoccupiable, such as signs, flagpoles, walls, fences and towers, but not including storage tanks.

3. Paving of no more than twenty (20) percent of the site.

4. Repair or minor alterations to existing structures which do not increase floor area.

• B. An application for a conditional use permit required by subsection A of this Section shall be considered in accordance with CMC § 9172.21 , except that the Commission's decision shall be referred to the Council for review as if an appeal had been filed pursuant to CMC § 9173.4 .

• C. Every conditional use permit for a use located on property designated as ORL (Organic Refuse Landfill) shall be subject to the following conditions in addition to any other conditions that the Commission or the Council may impose:

  1. Approval by the Building Official of the report provided for in subsection A of this Section.

  2. The applicant shall comply with a development schedule approved by the Community Development Director.

  3. All measures to eliminate or mitigate the hazards and environmental risks associated with the site proposed in the report approved by the Building Official provided for in subsection A of this Section shall be subject to approval by the Council and shall be incorporated into the project. Such measures shall include monitoring, evaluation and control of methane gas produced by the site as the City shall determine to be necessary to protect the public health, safety or welfare with respect to the production or migration of methane gas.

ilding Official provided for in subsection A of this Section shall be subject to approval by the Council and shall be incorporated into the project. Such measures shall include monitoring, evaluation and control of methane gas produced by the site as the City shall determine to be necessary to protect the public health, safety or welfare with respect to the production or migration of methane gas.

4. Monitoring and regular inspections and reports by a licensed civil engineer designated by the applicant and monitored, evaluated and approved by the Building Official shall be done and filed with the City from time to time as directed by the Building Official at the applicant's cost.

5. The mitigation measures required by subsection (C)(3) shall be implemented to the satisfaction of the Building Official and City Council. In the event that the Building Official or Council finds that such measures when implemented are inadequate to protect the public health, safety, or welfare, the Building Official or Council may (1) require additional mitigation measures to be incorporated into the project, or (2) after notice to the applicant and an opportunity to be heard, declare the conditional use permit null and void if the Council finds that the public health, safety or welfare cannot be adequately protected to the satisfaction of the Council.

6. Adequate measures shall be taken to eliminate odors from the site to the satisfaction of the Building Official.

7. The applicant shall, at the applicant's own expense, carry public liability insurance during the existence of the conditional use permit, with a company and policy to be approved by the City Attorney, covering liability for injuries or death arising out of or in connection with

the use of the site pursuant to said permit in an amount not less than $5,000,000. The City shall be named as an additional assured under such insurance policy.

• D. Whenever both subsection A and any other Section of this Chapter require a conditional use permit for a particular property, only one (1) conditional use permit shall be required, which shall be applied for, processed and considered pursuant to the provisions of subsection B of this Section. The application and conditional use permit, if approved, shall refer to both Sections which are applicable.

• E. Subsection A of this Section shall not apply to the following:

  1. Any lawfully established existing use.

  2. An expansion of an existing, lawfully established use on a lot on which such existing use was approved provided that the existence of an organic refuse landfill in such lot is shown by the record to have been considered by the granting body in connection with the approval of such existing use.

3. Any proposed use for which a conditional use permit requiring approval of methane gas control measures by the Council either (1) has been granted, or (2) has been applied for and is being processed on the effective date of this Section; provided, that subsection A of this Section shall apply if such conditional use permit which has been granted expires, is declared to be null and void or is otherwise terminated or if such conditional use permit for which an application is being processed is thereafter denied.

• (Ord. 78-449; Ord. 79-471; Ord. 81-560 § 1; Ord. 82-586 § 1; Ord. 16-1590, Exh. B (§ 14))

Further definition and enumeration of uses permitted in the Open Space Zone or eligible for consideration as a Special Use shall be determined by means of Interpretation in accordance with CMC § 9172.24 .

All uses are prohibited except as expressly permitted by the provisions of this Chapter.

A use of type identified in the Special Use column of CMC § 9151.1 , and which is found to meet one (1) or more of the following criteria, may be permitted under special use regulations adopted pursuant to CMC § 9151.6 :

• A. The use requires an exceptionally large land area.

• B. The use will have a major impact on the surrounding pattern of community development.

• C. Provision for the use in the zoning pattern could not reasonably have been anticipated.

• D. The use constitutes a major institution or mixed-use complex which does not logically or compatibly fit into the established zoning classifications.

• E. The use will be owned and/or operated by another governmental agency over which the City has only limited or no zoning authority.

• F. The use involves natural resources, recreational facilities or other uses permitted in the OS Zone, but under circumstances where the preservation of an open space character is not an objective.

Upon finding that a proposed use is eligible for consideration as a Special Use, the Commission or Council may initiate proceedings, to be conducted in the same manner as for a Zone Change (as provided in CMC § 9172.13 ), to designate an additional zoning classification for such use, to establish regulations for that zoning classification, and to change the Zoning Map to show the area to which such classification applies.

Upon determining that an authorized Special Use will not be developed, or has been or will be permanently discontinued or abandoned, the Commission, on or before such date of abandonment or on such date of determination, whichever is later, shall initiate proceedings to restudy the General Plan as it relates to the area and to change the Zoning Map to one (1) or more appropriate zones within one (1) year of the date of such initiation.

Division 2. Accessory Uses

In the OS Zone, a residence for the family of a caretaker or superintendent may be approved by a Conditional Use Permit as an accessory use to any permitted principal use. Only one (1) such residence for each site shall be permitted.

In the OS Zone, an accessory one-story garage or carport, or open parking area at or below ground level is permitted to serve permitted uses on the same site. An accessory parking structure of more than one (1) story above ground level may be approved by a Conditional Use Permit.

In connection with a permitted agricultural use in the OS Zone, the following accessory uses are permitted:

• A. Shelters for farm machinery and equipment used on the premises.

• B. Wholesale trade (but no retail sales) of the products raised on the premises. No advertising signs are permitted.

Other accessory uses, facilities or activities similar to those permitted by CMC § 9152.1 through § 9152.8 or found to be customary or necessary in connection with a permitted use may be permitted if so interpreted in accordance with CMC § 9172.24 .

Division 3. Conditional Use Criteria

In addition to the general criteria for the approval of a Conditional Use Permit pursuant to CMC § 9172.21(D )(1), the following shall be considered in acting upon a Conditional Use Permit in the OS Zone:

The use shall not detract from the intended open space character of the area.