It is recognized that certain uses, while generally appropriate to an area or zone, require special consideration prior to their being permitted at any particular location. Development of any use listed as a Conditional Use, or the expansion or alteration of an existing Conditional Use, is subject to issuance of a Conditional Use Permit. Conditional uses are identified as Level III uses in the Table of Permitted Land Uses, see Chapter 20.100. The purpose of this review shall be to insure that, if approved, the use will be reasonably compatible with surrounding uses permitted in the area. To this end, the Hearing Examiner may stipulate conditions of development as specified in this Chapter.

There may be situations in which the conditions necessary to proper placement of a Conditional Use cannot be developed at a particular site. For this reason, nothing contained herein shall be construed to require the Hearing Examiner to authorize a Conditional Use Permit.

A Conditional Use Permit shall be void after one (1) year unless terms of the permit have begun or have been substantially completed within that time required by the Hearing Examiner. The Director may extend authorization for an additional period of six (6) months for reasons such as health, financial, or administrative problems incurred by the applicant during the permit period. The Director must make a finding that the delay is justified by circumstances beyond the applicant's control, and that the six (6) month extension can reasonably be expected to remedy the circumstances.

To ensure that a Conditional Use proposal meets the general criteria, the Hearing Examiner may impose any of the following conditions as part of a Conditional Use Permit. Each condition imposed shall be accompanied by a finding which supports such a condition.

A performance bond or suitable guarantee may be required by the hearing examiner for any elements of the proposed project which the hearing examiner determines are crucial to the protection of the public welfare and are necessary to insure completion of required improvements.

No application for a conditional use shall be considered by the hearing examiner within one year of a denial of the same or similar request unless, in the opinion of the hearing examiner, new evidence or circumstances warrant reconsideration within that time.

Decisions by the hearing examiner for conditional uses may be appealed in accordance with Chapter 20.38, Closed Record Decisions and Appeals.

A variance shall be initiated by a property owner or his/her representative on forms provided by and filed with the department and accompanied by the appropriate administrative fee. A variance is a permission granted as a relief from some specific and unusual hardship(s) imposed by the strict interpretation of the dimensional or development requirements of this code. The director and the hearing examiner shall have the authority to grant a variance. The director shall act on applications for variation of up to ten percent in minimum dimensional requirements. A variance granted on the authority of the director is called a "minor variance." The hearing examiner shall hear all other applications for variance.

A variance shall not be granted in cases where a zone change or zone text amendment is the appropriate administrative procedure.

In accordance with Level I processing procedures, Chapter 20.18, the director may authorize a variance of up to ten percent of any specified dimensional requirement of this code.

Based on input from the Level II notification procedures, or for other stated cause, the director may defer decision on a minor variance, and refer it to the hearing examiner. In such cases, the hearing examiner's decision shall substitute for the director's decision, and Level III timelines and appeal procedures shall be utilized.

A written application for a variance shall be made to the department on forms prescribed by that office. An application shall not be considered complete until the following is provided:

A variance shall expire after one year unless terms of the permit have begun or have been substantially completed within that time required by the approving authority. The director may extend authorization for an additional period of six months for reasons such as health, financial, or administrative problems incurred by the applicant during the permit period. The director must make a finding that the delay is justified by circumstances beyond the applicant's control, and that the six-month extension can reasonably be expected to remedy the circumstances.

Under no circumstances shall the hearing examiner authorize a variance to permit a use not generally or conditionally permitted to the zone involved, or any use expressly, or by implication, prohibited by the terms of the zones established by this code. The appropriate mechanism for such applications is a zone text or zone map amendment.

A performance bond or suitable guarantee may be required by the hearing examiner for any elements of the proposed project which the hearing examiner determines are crucial to the protection of the public welfare and are necessary to insure completion of required improvements.

No application for a variance shall be considered by the approving authority within one year of a denial of the same or similar request, unless the director first determines that new evidence or circumstances warrant reconsideration within that time.

Decisions by the hearing examiner for variances may be appealed in accordance with Chapter 20.38, Closed Record Decisions and Appeals.

Property which loses its nonconforming status as a result of the restrictions of Section 20.212.070(A)(3) or (A)(4) may, over time, become a detriment to the neighborhood, simply due to the effects of abandonment. The purpose of this chapter is to establish a process and review criteria by which a proposal may be considered, on a case-by-case basis, to replace a previously discontinued nonconforming situation with another use or structure which may not fully meet the current criteria of the district in which it is located. A permit which authorizes such a use or structure is called a special use permit.

A special use permit request requires a Level III development authorization.

Applications for a special use permit will be reviewed following the general review criteria decision process (Section 20.216.040) and conditions of approval (Section 20.216.050) used to evaluate conditional use requests. However, a special use does not enjoy the presumption that it is generally appropriate as does a conditional use. Therefore, in addition to the above, it is the burden of the applicant to:

A special use permit application applies only to those situations involving the discontinuance of a nonconforming use status because of lapse in use (see Section 20.212.070(A)(3) or (A)(4)). A special use permit shall not be granted in cases where the appropriate administrative procedure is one of the following:

A special use permit shall become discontinued when:

A special use permit is granted based on criteria and development standards for a specific proposal; it may not be used for any other proposal which would otherwise need a special use permit. If a special use permit is discontinued, any future use of the property shall:

A special use permit shall expire after one year unless terms of the permit have begun or have been substantially completed within that time required by the approving authority. The director may extend authorization for an additional period of six months for reasons such as health, financial, or administrative problems incurred by the applicant during the permit period. The director must make a finding that the delay is justified by circumstances beyond the applicant's control, and that the six-month extension can reasonably be expected to remedy the circumstances.

No application for a special use permit shall be considered by the approving authority within one year of a denial of the same or similar request, unless the director first determines that new evidence or circumstances warrant reconsideration within that time.

The fee for a special use permit shall be the same as the fee for a rezone.

Decisions by the hearing examiner for special use may be appealed in accordance with Chapter 20.38, Closed Record Decisions and Appeals.