30.42C.100 Decision criteria - conditional use permit.
(1) The hearing examiner may deny, approve, or approve with conditions an application for a conditional use permit. If an application for a conditional use permit satisfies all of the criteria set forth below, the application may be approved or approved with conditions. If any of the criteria set forth below are not met, the application must be denied.
(a) The proposal is consistent with the comprehensive plan;
(b) The proposal complies with applicable requirements of this title;
(c) The proposal will not be materially detrimental to uses or property in the immediate vicinity; and
(d) The proposal is compatible with and incorporates specific features, conditions, or revisions that ensure it responds appropriately to the existing or intended character, appearance, quality of development, and physical characteristics of the site and surrounding property.
(2) As a condition of approval, the hearing examiner may impose or require any one or more of the following:
(a) Increase requirements in the standards, criteria, or policies established by this title;
(b) Stipulate the exact location as a means of minimizing hazards to life, limb, property damage, erosion, landslides, or traffic;
(c) Require structural features or equipment essential to serve the same purpose set forth in SCC 30.42C.100(2)(b);
(d) Impose conditions similar to those set forth in items SCC 30.42C.100(2)(b) and SCC 30.42C.100(2)(c) as may be deemed necessary to establish parity with uses permitted in the same zone in their freedom from nuisance generating features in matters of noise, odors, air pollution, wastes, vibration, traffic, physical hazards, and similar matters. The hearing examiner may not in connection with action on a conditional use permit, reduce the requirements specified by this title as pertaining to any use nor otherwise reduce the requirements of this title in matters for which a variance is the remedy provided;
(e) Assure that the degree of compatibility with the purpose of this title shall be maintained with respect to the particular use on the particular site and in consideration of other existing and potential uses, within the general area in which the use is proposed to be located;
(f) Recognize and compensate for variations and degree of technological processes and equipment as related to the factors of noise, smoke, dust, fumes, vibration, odors, and hazard or public need;
(g) Require the posting of performance and maintenance securities sufficient to secure to the county the estimated cost of construction and/or installation and maintenance of required improvements; and/or
(h) Impose any requirement that will protect the public health, safety, and welfare. (Added by Amended Ord. 02-064, Dec. 9, 2002, Eff date Feb. 1, 2003; Amended by Amended Ord. 10-086, Oct. 20, 2010, Eff date Nov. 4, 2010; Amended by Amended Ord. 12-018, May 2, 2012, Eff date May 21, 2012).