The purpose of this chapter is to provide for the permitting of certain uses in locations where the uses may not be detrimental to the neighborhood depending on the unique characteristics of the land use, the site and neighboring land uses which, due to their nature, may be expected to have detrimental effects on neighboring properties, but which may be compatible if subjected to certain conditions.

(Ord. No. U-97, § 247, 1-27-2009; Ord. No. T-84, § 8(part), 2005)

The conditional use will be approved if the following criteria are met:

(1)

The use is not detrimental to the health, safety or general welfare of the surrounding area.

(2)

The use is consistent with the intent of the Cheney Comprehensive Plan.

(3)

The use is compatible with neighboring properties with respect to noise, odors, air pollution, light and glare, wastes, vibration, traffic, physical hazards, and similar matters.

(Ord. No. U-97, § 251, 1-27-2009; Ord. No. T-84, § 8(part), 2005)

Approval of a conditional use for retail development in the business park zone will be approved if the criteria of section 21.58.025, Approval criteria, and the following criteria are met:

(1)

The proposed use is a supportive service or supplier to the existing industries in the business park zone.

(2)

The proposed use will not have significant adverse effects on neighboring industries.

(3)

The proposed use will not significantly alter the overall desired character of the zone.

(Ord. No. V-01, § 2(21.58.026), 4-14-2009)

Approval of a conditional use for fraternities, sororities and dormitories will be approved if the criteria of 21.58.025, approval criteria, and the following criteria are met:

(1)

That lot size will be commensurate with the size of the structure;

(2)

That required off-street parking equals resident capacity of the structure;

(3)

That an additional ten percent of the parking area be landscaped;

(4)

That the bulk, height and design of the structure are consistent with other structures in the neighborhood;

(5)

That sound and sight buffering be provided between land uses when they are residential in nature.

(Ord. No. U-97, § 252(21.58.027), 1-27-2009)

Approval of a conditional use for residential developments with a density of more than one unit per 1,000 square feet of site area will be approved if the criteria of section 21.58.025, Approval criteria, and the following criterion is met:

(1)

The proposal takes into account transportation to and from the site, pedestrian circulation, off-street and on-street parking, vehicular traffic and its effect on the site and surrounding properties, and its effect on access roads and surrounding highways. A traffic study by a Washington State licensed engineer shall be submitted with the application which analyses current and projected traffic volumes and patterns, and which describes capital improvements and mitigation measures, if any, which will offset the transportation impacts of the project.

(Ord. No. U-97, § 253(21.58.028), 1-27-2009)

Conditional uses shall be reviewed according to the procedures of Chapter 23.030, Land use reviews.

(Ord. No. U-97, § 254(21.58.029), 1-27-2009)

(a)

Conditional use permits granted by the planning commission shall take effect 14 days after the ruling granting such permit, unless appealed.

(b)

Conditional use approvals expire two years from the effective date of the decision if a permit has not been issued or the activity has not commenced.

(c)

If a conditional use is discontinued for a period of one year, it shall not be reestablished, unless authorized by the planning commission.

(Ord. No. U-97, § 255, 1-27-2009; Ord. No. T-84, § 8(part), 2005)

(a)

Conditional use approvals may be revoked or modified under the following circumstances:

(1)

The conditional use does not comply with the conditions of approval;

(2)

The conditional use approval was obtained by deception or misleading representations;

(3)

The conditional use impacts the surrounding uses in a manner that was not evident during the review;

(b)

Revocation or modification of a conditional use is processed according to Chapter 23.030, Land use reviews.

(Ord. No. U-97, § 256, 1-27-2009; Ord. No. T-84, § 8(part), 2005)

Alteration or expansion of a conditional use under an approved conditional use permit shall be permitted, provided that alterations do not exceed ten percent of the floor area of the conditional use, and provided that alterations do not violate any of the other conditions of approval.

(Ord. No. U-97, § 260, 1-27-2009; Ord. No. T-84, § 8(part), 2005)

A use that was permitted at the time of establishment, but is now allowed only as a conditional use, is considered an automatic conditional use. An automatic conditional use may continue, but any changes are subject to the current regulations of this chapter.

(Ord. No. U-97, § 263, 1-27-2009; Ord. No. T-84, § 8(part), 2005)