The hearing examiner shall review conditional use permits in accordance with the provisions of this chapter and may approve, approve with conditions, modify, modify with conditions, or deny the conditional use permit.
A. Required Findings. The hearing examiner may use this code to modify the proposal. A conditional use permit may be approved only if all of the following findings can be made regarding the proposal and are supported by the record:
1. That the granting of the proposed conditional use is:
a. Consistent with the city's comprehensive plan;
b. Consistent with the policies set forth in the state's Growth Management Act; and
c. Consistent with the level of service standards for public facilities and services in accordance with concurrency management requirements.
2. That the granting of the proposed conditional use permit will not:
a. Be detrimental to the public health, safety, and general welfare;
b. Would not be consistent with design criteria and standards;
c. Adversely affect the established character and planned character of the surrounding vicinity;
d. Be injurious to the uses, planned uses, property, or improvements adjacent to, and in the vicinity of, the site upon which the proposed use is to be located; and
e. Introduce hazardous conditions at the site that cannot be mitigated to protect adjacent properties.
3. That all conditions necessary to lessen any impacts of the proposed use are conditions that can be monitored and enforced.
B. Decision. The hearing examiner may approve an application for a conditional use permit, approve with conditions, require modification of the proposal to comply with specified requirements, or deny the application.
(Ord. 1741 § 33, 2009)