The board of adjustment shall hear and decide:
A. Applications for Conditional Uses. Conditional uses are those uses, which may or may not be compatible with permitted uses in a specific zoning designation. If the board of adjustment determines that the use is not compatible with permitted or existing uses in the specific area of the proposed use then the proposed use shall be denied. Alternatively, if the board of adjustment determines that the proposed use is compatible with permitted and existing uses in the specific area of the proposed use then the proposed use may be approved or approved with conditions to make it compatible with the area.
1. In determining whether the use is compatible with the area, the proposed use shall:
a. Be either compatible with other uses in the surrounding area or is no more incompatible than are other outright permitted uses in the applicable zoning district;
b. Not materially endanger the health, safety, and welfare of the surrounding community to an extent greater than that associated with other permitted uses in the applicable zoning district;
c. Not cause the pedestrian and vehicular traffic associated with the use to conflict with existing and anticipated traffic in the neighborhood to an extent greater than that associated with other permitted uses in the applicable zoning district;
d. Be supported by adequate service facilities and would not adversely affect public services to the surrounding area;
e. Not hinder or discourage the development of permitted uses on neighboring properties in the applicable zoning district as a result of the location, size or height of the buildings, structures, walls, or required fences or screening vegetation to a greater extent than other permitted uses in the applicable zoning district;
f. Not be in conflict with the goals and policies expressed in the current version of the county’s comprehensive plan.
2. Criteria for determining conditions to be imposed on conditional uses shall be based on the health, safety and general welfare of the public, any environmental standards in force in Skamania County, other applicable provisions set forth in this title and shall be subject to conditions which may include, but are not limited to the following:
a. Limiting the manner in which the use is conducted including restricting the time an activity may take place and restraints to minimize such environmental effects as noise, vibration, air pollution, glare and odor;
b. Establishing a special yard, open space, lot area or lot dimensions;
c. Limiting the height, size, or location of a building or other structure;
d. Designating the size, number, location and nature of vehicle access points;
e. Increasing the amount of street dedication, roadway width or improvements within the street right-of-way;
f. Limiting or otherwise designating the number, size, location, height and lighting of signs;
g. Limiting the location and intensity of outdoor lighting and requiring it to be shielded;
h. Requiring berming, screening, landscaping or another facility to protect adjacent or nearby properties and designating standards for its installation and maintenance;
i. Designating the size, height, location and materials for a fence;
j. Protecting and preserving existing trees, vegetation, water resources, wildlife habitat or other significant natural, historic or cultural resources.
B. Application for variances from the terms of this title, with the exception of minimum lot size/density; provided, that any variance granted shall be subject to such conditions as will assure that the adjustment thereby authorized shall not constitute a grant of special privilege inconsistent with the limitations upon other properties in the vicinity and zone in which the subject property is situated, and that the following circumstances are found to apply:
1. Because of special circumstances applicable to subject property, including size, shape, topography, location or surroundings, the strict application of the zoning ordinance is found to deprive subject property of rights and privileges enjoyed by other properties in the vicinity and under identical zone classification and/or special purpose district;
2. That the granting of the variance will not be materially detrimental to the public welfare or injurious to the property or improvements in the vicinity and zone classification and/or special purpose district in which subject property is situated.
C. Revocation of Conditional Use Permit. Noncompliance with any condition placed on a conditional use permit shall be grounds for revocation of the permit. Revocation of a conditional use permit shall be considered a land use action and reviewed by the board of adjustment. The following procedures shall be completed at least twenty days prior to the date of the revocation hearing:
1. A notice of alleged permit violation pursuant to Section 21.16.090 shall be sent by certified mail or personal service to the owner of the property on which the conditional use takes place and the operator of the conditional use, in the event that they are different;
2. Notice of the public hearing shall be made pursuant to Section 21.16.080 - Notice of Hearing;
3. The owner of the land or operator of the conditional use should be present. However, in the event that they are not, the hearing will still be conducted and a final decision shall be rendered.
D. Appeals of any decision of the planning director, or the director’s designee, relating to this title. Any aggrieved person with standing may file an appeal on forms supplied by the planning department. Such appeals shall be filed in writing with the board of adjustment within fourteen days of the date of the action being appealed, and must include the nonrefundable appeal fee as set by the board of county commissioners. Upon the filing of an appeal from an administrative determination the planning department shall set the time and place at which the matter will be considered. At least a ten-day notice of such time and place shall be given to the appeal applicant, and the planning director (and the adverse parties of record in the case if not the same as the appeal applicant) together with a copy of the written appeal. The planning director shall transmit to the board of adjustment all of the records pertaining to the decision being appealed, together with such additional written report as the director deems pertinent. A notice of hearing shall be made pursuant to Section 21.16.080, Notice of Hearing. In exercising the powers granted herein, the board of adjustment may reverse, affirm, or modify all or in part, the order, requirement, decision or determination appealed from, and may make such order, requirement, decision or determination as should be made and, to that end, shall have all the powers of the planning director from whom the appeal is taken, insofar as the decision on the particular issue is concerned. (Ord. 2005-02 (part))