A.   It is recognized that certain uses possess unique and special characteristics with respect to their location, design, size, method of operation, circulation, and public facilities. In order to protect the public welfare and guarantee conformance with the Comprehensive Plan, permits are required for such uses upon review by the commission.

   B.   In any zone, a conditional use permit shall be required for "aquaculture", which is defined as the commercial raising of fish in a fish hatchery. The operation of a processing plant shall be considered a conditional use and must be secondary to the fish hatchery. (Ord. 2015-02, 4-20-2015)

   A.   An application for a conditional use permit shall be filed with the Administrator by at least one holder of an interest in the real property for which such conditional use is proposed, accompanied by the fees. The application shall include at least the following information:

      1.   Name, address, and phone number of the applicant.

      2.   Legal description of the property.

      3.   Description of existing use.

      4.   Zoning district.

      5.   Description of proposed conditional use.

      6.   A plan of the proposed site for the conditional use showing the location of all buildings, parking and loading areas, traffic access and traffic circulation, open spaces, easements, existing and proposed grade, landscaping, refuse and service areas, utilities, signs, rendering of building exteriors, property lines, north arrow, and such other information as the commission may require to determine if the proposed conditional use meets the intent and requirements of this title.

      7.   A narrative statement evaluating the effects on adjoining property; the effect of such elements as noise, glare, odor, fumes, and vibration on adjoining property; a discussion of the general compatibility with adjacent and other properties in the district; and the relationship of the proposed use to the Comprehensive Plan. (Ord. 2015-02, 4-20-2015)

      8.   A list of the names and addresses of all property owners within three hundred feet (300') of the external boundaries of the land being considered. (Ord. 2015-02, 4-20-2015; amd. 2018 Code)

   B.   A conditional use permit application may be submitted and reviewed concurrently with other applications affecting the same piece of property, with the approval of the Administrator. The Administrator may specify additional time for review of concurrent applications. Concurrent submissions will be voted on separately. (Ord. 2015-02, 4-20-2015)

The commission shall review the particular facts and circumstances of each proposed conditional use in terms of the following standards and shall find adequate evidence showing that such use at the proposed location:

   A.   Will, in fact, constitute a conditional use as established for the zoning district involved;

   B.   Will be harmonious with and in accordance with the general objectives or with any specific objectives of the Comprehensive Plan and/or this title;

   C.   Will be designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity, and that such use will not change the essential character of the same area;

   D.   Will not be hazardous or disturbing to existing or future neighboring uses;

   E.   Will be served adequately by essential public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water and sewer and schools, or that the persons or agencies responsible for the establishment of the proposed use shall be able to provide adequately any such services;

   F.   Will not create excessive additional requirements at public cost for public facilities and services, and will not be detrimental to the economic welfare of the community;

   G.   Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare, dust, odors, vibration, water pollution or safety hazards;

   H.   Will have vehicular approaches to the property which shall be designed so as not to create an interference with traffic on surrounding public thoroughfares;

   I.   Will not result in the destruction, loss, or damage of a natural, scenic, or historic feature of major importance; and

   J.   Will be adequately screened from public ways and neighboring properties by means of fencing or landscaping. (Ord. 2015-02, 4-20-2015)

   A.   Each application will be reviewed at a public hearing, for which adequate public notice will be given.

   B.   A completed application will be heard by the commission at a public hearing within forty five (45) days of its receipt. (Ord. 2015-02, 4-20-2015)

   C.   Notice of time, date, and place of the hearing and a summary of the proposal shall be given by one publication in a newspaper of general circulation in the County at least fifteen (15) days prior to the hearing, by mailing such notice to all property owners within three hundred feet (300') and by posting such notice on the property. (Ord. 2015-02, 4-20-2015; amd. 2018 Code)

   D.   The Administrator shall also give notice by United States mail to each property owner whose name appears on the list accompanying the application, giving the time, date, and place of the hearing, the relief sought, the identification of the property under consideration, and such other facts as may be prescribed by the Administrator. Individual mailings may be waived when the aforementioned list includes the names of more than two hundred (200) property owners or residents.

   E.   In any public hearing on a conditional use permit application, the presiding officer may order the hearing to be continued up to fifteen (15) days at the same place, in which case, no further published notice shall be required. (Ord. 2015-02, 4-20-2015)

   A.   The commission shall enter an order approving, conditionally approving, or disapproving the application within fifteen (15) days after conclusion of the public hearing, together with the reasons therefor. Conditional uses are subject to the conditions specified prior to issuance of their permits. Conditions which may be attached include, but are not limited to, those which will:

      1.   Minimize adverse impact on other development.

      2.   Control the sequence, timing, and duration of development.

      3.   Assure that development is maintained properly.

      4.   Designate the exact location and nature of development.

      5.   Require the provision for on site or off site public facilities or services.

      6.   Mitigate foreseeable social, economic, fiscal, and environmental effects.

      7.   Require more restrictive standards than those generally required in this title.

   B.   The Administrator shall give the applicant written notice of the commission's decision by mail within ten (10) days after the commission has reached a decision. (Ord. 2015-02, 4-20-2015)

It is recognized that certain types of conditional uses have the potential to become public nuisances if mismanaged or operated improperly. Periodic review of such conditional uses is therefore desirable. As a result, conditional use permits for gravel or shale pits, concrete batch plants, mills refining mineral ore, feedlots, processing plants, bulk storage of flammable liquids or gases, and solid waste incineration shall expire two (2) years after their issuance or most recent renewal. In each case, the Administrator shall be responsible to notify the applicant of the date of expiration for his permit, and of the date on which the commission shall discuss renewal of the permit. The commission is vested with the authority to renew each permit that has expired and, in its deliberations, shall consider any public comment offered. No fee is required for renewal of a conditional use permit. (Ord. 2015-02, 4-20-2015)

   A.   The issuance of a conditional use permit shall not be considered a binding precedent for the issuance of other conditional use permits.

   B.   A conditional use permit is not transferable from one parcel of land to another. (Ord. 2015-02, 4-20-2015)