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A. The hearing examiner shall evaluate applications for conditional use permits, excepting for those requesting restoration of destroyed nonconforming uses, for conformance with all of the following criteria:

1. The proposed use is compatible with existing and potential uses in the general area;

2. The proposed use will be served by adequate public facilities, including streets, fire protection, water, storm water and sanitary sewer;

3. The proposed use is in accordance with the comprehensive development plan;

4. The proposed use complies with the requirements of the zoning district where it will be located. A conditional use permit shall not be used to reduce the requirements of the zoning district in which the use is to locate;

5. The conditional use permit complies with all other applicable criteria and standards of the Aberdeen Municipal Code.

B. The hearing examiner shall evaluate applications for conditional use permits involving restoration of destroyed nonconforming uses for conformance with all of the following criteria:

1. The use bears a substantial relationship to the public health, safety or welfare;

2. The use has value for the community as a whole;

3. Relocating the use is either not possible or would create a hardship beyond the purchase and development of real property and the construction of improvements;

4. The use is compatible with existing and potential uses in the general area;

5. The design and layout of any structure(s) or use(s) is harmonious and appropriate in design, character and appearance with the existing character and quality of development in the immediate vicinity of the subject property, including the physical characteristics of the subject property;

6. Adequate public facilities, including streets, fire protection, water, storm water and sanitary sewer, are available to service the use;

7. There will not be an increase in the nonconformity of the use above the level existing at the time the use was destroyed;

8. A conditional use permit shall not be used to further reduce the requirements of the zoning district where the use is located beyond that which existed at the time the use was destroyed;

9. The conditional use permit complies with all other provisions of the Aberdeen Municipal Code.

(Ord. 6610 § 4, Amended, 08/08/2017. Prior code § 11.022.060)