Article XIV — Conditional Use Permits

Where a conditional use permit is authorized or required by this chapter, such permit may be granted at the discretion of the planning and design commission. It is not an automatic right of any applicant. The commission shall consider all the factors relating to the proposed sign and whether such sign will adversely affect the public health, safety and welfare and whether the application complies with the statements contained in Section 15.148.010 relating to the purpose of this chapter. (Ord. 2016-0010 § 53; Ord. 2013-0021 § 75; Ord. 2012-004 § 44; prior code § 3.15.230)

The planning and design commission, by resolution, may delegate its authority to issue conditional use permits for signs to the zoning administrator; provided however, that the applicant may appeal any decision of the zoning administrator to the planning and design commission as provided in Section 15.148.1120 of this chapter.

The zoning administrator may at his or her discretion, schedule for hearing by the planning and design commission any application for conditional use permit under his or her authority. (Ord. 2013-0021 § 76; Ord. 2012-004 § 45; prior code § 3.15.231)

Application for a conditional use permit for a sign shall be made on forms prescribed by the planning and design commission and shall be accompanied by statements, plans and other related material as may be deemed necessary to carry out the intent and purpose of this chapter. (Ord. 2013-0021 § 77; Ord. 2012-004 § 46; prior code § 3.15.232)

Whenever a public hearing by the planning and design commission or zoning administrator is required for a conditional use permit, there shall be a filing fee as established in the city fee and

charge report to be paid at the time the application is filed. (Ord. 2013-0021 § 78; Ord. 2012-004 § 47; prior code § 3.15.233)

A. A conditional use permit application shall be considered at a public hearing by the zoning administrator or planning and design commission. The zoning administrator or planning and design commission may attach conditions to the granting of any conditional use permit when in its judgment, such conditions are necessary or desirable to accomplish the purpose of this chapter. B. Except to the extent that the terms of this chapter conflict therewith the procedural requirements for any hearing before the zoning administrator, planning and design commission and city council required by the provisions of this chapter shall be governed by the provisions of Chapter 17.812.

• C. Written notice of the hearing shall be given as specified in Chapter 17.812.

D. The decision to grant or deny a conditional use permit or to impose conditions on a conditional use permit may not be based on the content of messages except to the extent needed to determine legality under federal or state law.

E. Before granting a conditional use permit, the zoning administrator or the planning and design commission shall consider all of the factors relating to the proposed sign and, based on the evidence submitted, make the following findings, as applicable:

1. The proposed sign will not produce adverse spillover effects (glare, flashing, etc.) on other nearby land uses.

2. The sign is architecturally compatible, in terms of comparative scale and scope, with building heights in the existing neighborhood.

3. The sign does not impose a foreign or inharmonious element to the existing skyline.

4. The location and placement of the sign will not endanger motorists or pedestrians.

5. The sign will not materially obstruct any prominent view of a structure or facade of historical or architectural significance.

6. The sign will not materially obstruct views of users of adjacent buildings to side yards, front yards, or open space.

7. The sign will not adversely affect the visual quality of a public open space as a public recreation facility, square, plaza, courtyard, or other similar use.

8. The sign's lighting will not cause hazardous or unsafe driving conditions for motorists. (Ord. 2016-0010 § 54; Ord. 2013-0021 § 79; Ord. 2012-004 § 48; prior code § 3.15.234)