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A. Purpose. The purpose of this Section is to establish decision criteria and procedures for special uses called Conditional Uses which possess unique characteristics. Conditional Uses are deemed unique due to factors such as size, technological processes, equipment, or location with respect to surroundings, streets, existing improvements, or demands upon public facilities. These uses require a special degree of control to assure compatibility with the Comprehensive Plan, adjacent uses, and the character of the vicinity. Conditional Uses will be subject to review by the Examiner and the issuance of a Conditional Use Permit. This process allows the Examiner to:

1. determine that the location of these uses will not be incompatible with uses permitted in the surrounding areas; and

2. make further stipulations and conditions that may reasonably assure that the basic intent of this Title will be served.

B. Decision Criteria. The Examiner shall review Conditional Use Permits in accordance with the provisions of this Section and may approve, approve with conditions, modify, modify with conditions, or deny the Conditional Use Permit. The Examiner may reduce or modify bulk requirements, off-street parking requirements, and use design standards to lessen impacts as a condition of the granting of the Conditional Use Permit.

1. Required Findings. The Examiner may use Design Standards and other elements in 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:

a. That the granting of the proposed Conditional Use Permit will not:

(1) be detrimental to the public health, safety, and general welfare;

(2) adversely affect the established character and planned character of the surrounding vicinity; nor

(3) 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.

b. That the granting of the proposed Conditional Use Permit is consistent and compatible with the intent of the goals, objectives and policies of the County's Comprehensive Plan, appropriate Community Plan (provided that, in the event of conflict with the Comprehensive Plan, the Comprehensive Plan prevails), and any implementing regulation.

c. That all conditions necessary to lessen any impacts of the proposed use are conditions that can be monitored and enforced.

d. That the proposed use will not introduce hazardous conditions at the site that cannot be mitigated to protect adjacent properties, the vicinity, and the public health, safety, and welfare of the community from such hazard.

e. That the conditional use will be supported by, and not adversely affect, adequate public facilities and services; or that conditions can be imposed to lessen any adverse impacts on such facilities and services.

f. That the Level of Service standards for public facilities and services are met in accordance with concurrency management requirements.

2. Burden of Proof. The applicant has the burden of proving that the proposed conditional use meets all of the criteria in PCC 18A.75.030.B.1, Required Findings.

3. Phasing. The applicant may elect, or the Hearing Examiner may require, that the development occur in phases. The Hearing Examiner shall establish phasing time limits, and identify the phases in which necessary infrastructure, traffic mitigation, critical areas, or other requirements are completed. A Conditional Use Permit that is required as a result of a violation of the Pierce County Code may not be phased.

4. Approval. The Examiner may approve an application for a Conditional Use Permit, approve with additional requirements above those specified in this Title or require modification of the proposal to comply with specified requirements or local conditions.

5. Denial. The Examiner shall deny a Conditional Use Permit if the proposal does not meet or cannot be conditioned or modified to meet PCC 18A.75.030.B.1, Required Findings.

(Ord. 2014-109s § 1 (part), 2015; Ord. 2009-98s § 4 (part), 2010; Ord. 97-84 § 2 (part), 1997; Ord. 95-79S § 2 (part), 1995)