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(1) Conditional Use Permit Authority. The Hearing Examiner shall have the authority to issue a conditional use permit. When considering a request for a conditional use permit, the Hearing Examiner shall consider the applicable standards, criteria, intent and policies established by this title and the comprehensive land use plan as they pertain to the proposed use.

(2) The Hearing Examiner may impose specific conditions upon the use, including an increase in the standards of this title, which will enable the Hearing Examiner to make the required findings below. The Hearing Examiner may impose conditions which include, but are not limited to, restrictions in hours of operations; location restrictions for structures and uses; structural requirements, including safety, noise reduction, view protection, and aesthetics; and increased buffering requirements, including open space, berms, fencing and landscaping.

(3) Required Findings. The Hearing Examiner shall not grant a conditional use permit unless the Hearing Examiner finds that the conditional use permit request meets all of the following criteria and the Hearing Examiner makes written findings to that effect:

(a) The conditional use is designed in a manner which is compatible with the character and appearance of an existing or proposed development in the vicinity of the subject property;

(b) The location, size and height of buildings, structures, walls and fences, and screening vegetation for the conditional use shall not hinder neighborhood circulation or discourage the permitted development or use of neighboring properties;

(c) The conditional use is designed in a manner that is compatible with the physical characteristics of the subject property;

(d) Requested modifications to standards are limited to those which will mitigate impacts in a manner equal to or greater than the standards;

(e) The conditional use is not in conflict with the health and safety of the community;

(f) The conditional use is such that pedestrian and vehicular traffic associated with the use will not be hazardous or conflict with existing and anticipated traffic in the neighborhood;

(g) The conditional use will be supported by adequate public facilities or services and will not adversely affect public services to the surrounding area or conditions can be established to mitigate adverse impacts on such facilities; and

(h) The proposed use is consistent with the goals and policies of the comprehensive plan.

(4) Applications for a conditional use permit under this section shall require payment of an application fee to cover the costs of review. Such fees shall be set forth in the current fee resolution. (Ord. 10-10 § 3 (Exh. C); Ord. 20-07 § 143; Ord. 42-02 § 2 (21A.44.040))