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A. Applicability. A conditional use permit is required for buildings or structures constructed, the use of vacant land, changes in the character of the use of land or building, or for substantial expansions in the use of land or building, which may have an impact upon the general welfare and safety of the public. These uses require an additional level of review and have a higher threshold of approval to ensure that they are compatible with the adjacent land uses and comply with the goals and intent of the general plan. They are identified as a “C” in the use regulation tables in this code.

B. Public Hearing and Notice. Conditional use permits shall be subject to a hearing by the planning and zoning commission, who shall review the recommendation of the zoning administrator and approve, conditionally approve, or disapprove the application. The burden of proof for satisfying the requirements for granting of a conditional use permit, as stated in this code, rests with the applicant. The issuance of a conditional use permit may require that the existing development site be brought into substantial conformance with the terms of the city code. All notification requirements must be followed prior to the public hearing.

C. Additional Findings. In addition to the findings listed in MCC 18.150.060, the planning and zoning commission, in approving a conditional use permit, must find that the proposed use or feature, at the size and intensity contemplated and at the proposed location, will provide a development that is necessary or desirable for, and compatible with, the neighborhood and the community.

D. Conditions. A conditional use permit may have conditions of approval.

E. Protected Uses. A request for any activity that is protected by the First Amendment of the United States Constitution shall be reviewed by the appropriate decision-making body upon determination of a complete application in a timely manner. Upon determination of a complete application, the item shall be scheduled at the next regularly scheduled public hearing complying with legal notice requirements where applicable. No continuances or other delays in such processing may occur without the concurrence of the applicant for such permit; provided, that there is sufficient time to complete any public notification requirement. If approved, the use shall be commenced within one year after the approval is granted. [Ord. 14-12 § 1; Res. 14-36 § 504.05.]