20.245.040 Approval Criteria.
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A. Approval standards. The Hearings Examiner shall approve, approve with conditions, or deny an application for a conditional use or to enlarge or alter a conditional use based on findings of fact with respect to each of the following criteria:
1. The site size and dimensions provide adequate area for the needs of the proposed use;
2. The impacts of the proposed use of the site can be accommodated considering size, shape, location, topography and natural features;
3. All required public facilities have adequate capacity to serve the proposed development;
4. The applicable requirements of the zoning district, and other applicable documents are met except as amended by the conditional use permit or variances requested pursuant to Chapter 20.290 VMC; and
5. Identified impacts on adjacent properties, surrounding uses and public facilities have been adequately mitigated.
B. Conditions of approval. The Hearings Examiner may impose conditions on the approval of a conditional use in addition to or above and beyond those required elsewhere in this Title, which are found necessary to ensure the use is compatible with other uses in the vicinity. These conditions may include, but are not limited to the following:
1. Limiting the hours, days, place and/or manner of operation;
2. Requiring design features which minimize environmental impacts such as noise, vibration, air, pollution, glare, odor and/or dust;
3. Requiring additional setback areas, lot area and/or lot depth or width;
4. Limiting the building height, size or lot coverage, and/or location on the site;
5. Designating the size, number, location and/or design of vehicle access points;
6. Requiring street right-of-way to be dedicated and street(s) to be improved;
7. Requiring additional landscaping, screening, drainage and/or surfacing of parking and loading areas;
8. Limiting the number, size, location, height and/or lighting of signs;
9. Limiting or setting standards for the location and/or intensity of outdoor lighting;
10. Requiring berms, screening or landscaping and the establishment of standards for their installation and maintenance;
11. Requiring and designating the size, height, location and/or materials for fences;
12. Requiring the protection and preservation of existing trees, soils, vegetation, watercourses, habitat areas and/or drainage areas;
13. Requiring the construction of pedestrian/bicycle pathways in accordance with the adopted pedestrian/bicycle pathway plan. (Ord. M-3922 § 12, 07/06/2009; Ord. M-3643, 01/26/2004)