2010/06/09 Council Agenda Packet

2 Exh €bit . New Section to be added to the B-3 Zone 19.22.030 Use of Basement or Other Building Spaces. A. Purpose. The purpose of this section is to allow basements or other spaces in existing buildings in the B-3 zone to be considered for uses that are not otherwise permitted, but which, if properly designed and managed, would not create unacceptable impacts on surrounding properties or the downtown area in general. Other spaces, in addition to basements in existing buildings that, due to their location or configuration are not readily usable for permitted uses, as determined by the Planning Director, maybe considered using the process described herein. This process differs from the Unlisted Use process listed in EMC 19.02.080 in that uses that are not specifically authorized in the B-3 zone may be considered using the process described herein. B. Review Process. Any request to allow a use that is not otherwise permitted in the 8-3 zone shall be reviewed using Review Process II. C. Review Criteria.. The following criteria shall be used as the basis for approving, denying, or conditionally approving a request to allow the use of a basement space, or other space as provided herein,for a use not otherwise permitted in the B-3 zone. Any proposal that gives the outward appearance of a use or activity that is incompatible with the intent and purpose of the B-3 zone shall be denied. 1. traffic generated by the proposed use 2. noise generated by the proposed use 3. impacts from odor, vibration, dust or other nuisances 4. aesthetic character and quality of the proposed use 5. public safety impacts 6. compliance with building and fire codes 7. hours of the day of proposed use or activity 8. proposed management and operational procedures to minimize and mitigate potential impacts 9. other factors not specified herein that would create a conflict with the uses that are permitted in the B-3 zone. 3 13