(1) Providing clear criteria on which to base a decision;

(2) Recognizing the effects of unique circumstances upon the development potential of a property;

(3) Avoiding the granting of special privileges;

(4) Avoiding development, which may be unnecessarily detrimental to neighboring properties;

(5) Requiring that the design, scope and intensity of development is in keeping with the physical aspects of a site and adopted land use policies for the area; and

(6) Providing criteria, which emphasize protection of the general character of neighborhoods. (Ord. 42-02 § 2 (21A.44.010))

(1) The proposed temporary use will not be materially detrimental to the public welfare;

(2) The proposed temporary use is compatible with existing land uses in the immediate vicinity in terms of noise and hours of operation;

(3) The proposed temporary use, if located in a resource zone, will not be materially detrimental to the use of the land for resource purposes and will provide adequate off-site parking if necessary to protect against soil compaction;

(4) Adequate public off-street parking and traffic control for the exclusive use of the proposed temporary use can be provided in a safe manner; and

(5) The proposed temporary use is not otherwise permitted in the zone in which it is proposed. (Ord. 20-07 § 141; Ord. 42-02 § 2 (21A.44.020))

(1) Variance Authority. The Hearing Examiner shall have the authority to grant a variance from the terms of this title. The Hearing Examiner may impose conditions or restrictions on an existing or proposed use or structure in order to ensure that a requested variance will conform to the required findings below.

(2) Required Findings. The Hearing Examiner shall not grant a variance from the development standards of this title unless the Hearing Examiner finds that the variance request meets all of the following criteria and the Hearing Examiner makes written findings to that effect:

(3) Granting of a Use Variance Is Not Authorized. The Hearing Examiner shall not grant a variance which establishes a use otherwise prohibited within a zoning district.

(4) Applications for variances 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. 06-17 § 5 (Exh. C); Ord. 09-12 § 2 (Exh. B); Ord. 10-10 § 3 (Exh. C); Ord. 20-07 § 142; Ord. 42-02 § 2 (21A.44.030))

(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:

(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))

(1) A variance or conditional use permit shall automatically expire in accordance with the approval time frame specified for the underlying land use application for subdivisions, short plats, binding site plan, commercial site development permit applications or other land use process specified in Chapter 14.20 CMC, CMC Title 17 and/or this title.

(2) Variances from development standards associated with a building permit, tenant improvement, or reuse shall expire within one year from date of issuance, or time specified by the Hearing Examiner.

(3) The Hearing Examiner may grant one renewal for a variance or conditional use permit if the party seeking renewal can demonstrate extraordinary circumstances or conditions which were not known or foreseeable at the time of original application. A renewed variance or conditional use permit shall be substantially acted upon within six months or the variance or permit shall automatically expire. (Ord. 10-10 § 3 (Exh. C))

(1) The Department may review and approve pursuant to the Type I process in Title 14.30 CMC an expansion of a use or development authorized by an existing conditional use permit; provided, that it meets one of the following:

(2) A conditional use permit shall be required for expansions within a use or development authorized by an existing conditional use permit if the expansions are not consistent with the provisions of subsection (1) of this section.

(3) This section shall not apply to modifications or expansions of telecommunication facilities, the provisions for which are set forth in CMC 18.70.130, or to modifications or expansions of nonconformities, the provisions for which are set forth in CMC 18.85.070. (Ord. 10-10 § 3 (Exh. C))