A.   It is recognized that an increasing number of uses are appearing that have characteristics of a unique and special nature such that the specific use must be considered individually. We recognize that these uses are not permitted without adding certain conditions making them compatible with permitted uses in the underlying zone. The commission may require higher standards of site development than those listed specifically in this title in order to assure that the proposed use will be compatible with other conforming property and uses in the vicinity.

   B.   The commission shall hold a public hearing on each conditional use permit as listed on the land use chart and new uses brought by the Administrator. The commission may approve, conditionally approve or deny a conditional use permit under the standards listed in this chapter and may require such additional safeguards that will uphold the intent of this title. (Ord. 2012-08, 10-9-2012, eff. 10-26-2012)

An application for a conditional use permit shall be filed with the Administrator by the property owner or by the occupant with owner approval. At a minimum, the application shall contain the following information:

   A.   Name, address and phone number of applicant.

   B.   Legal description of the property.

   C.   Description of existing use.

   D.   Current zoning designation.

   E.   Description of use being proposed.

   F.   A scaled site plan/drawing showing the location of the following:

      1.   All buildings, parking and loading area.

      2.   Traffic access and traffic circulation.

      3.   Open spaces, landscaping, refuse and service areas.

      4.   Utilities, signs.

      5.   Any other information that may be required to determine if the proposed conditional use meets the requirements of this title.

      6.   A statement evaluating the effects on adjoining property that may include, but is not limited to, such elements as noise, odor, fumes and vibration. An accurate statement of the compatibility with adjacent and other properties in the zone, and the relationship of the proposed use to the plan.

      7.   More specifically, the following adverse effects shall be mitigated through setbacks, buffers, sound attenuation and/or hours of operation:

         a.   Noise, odor, or vibrations, or direct or reflected glare detectable by the human senses without the aid of instruments.

         b.   Radioactivity and electric or electromagnetic disturbances that unduly interfere with the normal operation of equipment, instruments, or appliances on abutting properties.

         c.   Any other emission or radiation that endangers human health, results in damages to vegetation or property or which exceeds health and safety standards.

   G.   The appropriate filing fees. (Ord. 2012-08, 10-9-2012, eff. 10-26-2012)

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

      1.   Constitute a conditional use as established on the official schedule of zoning regulations or as determined by the commission to be a conditional use for the zone involved.

      2.   Be in accordance with the general objectives or with any specific objection of the Comprehensive Plan and/or this title.

      3.   Be designed, constructed, operated and maintained to be 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 area as far as is possible.

      4.   Not be unduly hazardous or disturbing to existing or future neighboring uses; nor involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to persons, property or the general welfare of the public by reason of excessive production of traffic, noise, smoke, fumes, odors or other pollutants.

      5.   Not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the County.

      6.   Be served adequately by essential public facilities and services or that the persons or agencies responsible for the establishment of the proposed use shall be able to provide such services.

      7.   Have legal access to the subject property for the development. Have vehicular approaches to the property that are designed to eliminate a traffic hazard on adjacent public thoroughfares.

      8.   Not result in the destruction, loss or damage to a scenic or historic feature of major importance.

      9.   If applicable, have adequate water, sewer, irrigation, drainage and stormwater drainage facilities, and have utility systems provided to accommodate said use.

   B.   If the literal enforcement of the provisions herein contained would result in unnecessary hardship, the commission may consider exceptions to nonconforming uses as permitted in chapter 9 of this title. (Ord. 2012-08, 10-9-2012, eff. 10-26-2012)

Prior to making a decision concerning a conditional use permit request, the commission or Board may request additional studies at the applicant's expense, of the social, economic, fiscal, and environmental effects of the proposed conditional use permit. (Ord. 2012-08, 10-9-2012, eff. 10-26-2012)

   A.   When a conditional use permit is granted, the land use or construction of its facility proposed in the application must have commenced within three (3) years of the date of the final decision by the commission, or the Board or a court of appropriate jurisdiction, if appealed, and completed within five (5) years of the same date. The following exceptions shall be limited to ten (10) years of the date of the final decision by the commission or the Board or a court of appropriated jurisdiction, if appealed. If the use is not implemented within this time period, the use and its approval shall expire:

      1.   Gravel pits in other than A or A/NR Zones.

      2.   Electrical public service facilities.

      3.   Commercial wind turbines in other than A or A/NR Zones.

   B.   Upon expiration of the use or the approval of that use as provided by this section, the applicant may seek approval of the use only by filing a new initial application for review by the commission. (Ord. 2012-08, 10-9-2012, eff. 10-26-2012)

Prior to granting a conditional use permit, the commission shall follow the hearing procedures as identified in chapter 3 of this title. (Ord. 2012-08, 10-9-2012, eff. 10-26-2012)

   A.   The commission shall approve, conditionally approve or disapprove the application as presented. If more information is needed for a determination to grant a conditional use permit, the commission may request information from the planning staff or public agencies concerning social, economic, fiscal and environmental effects of the proposed conditional use. If the application is approved or approved with modifications, the commission shall direct the Administrator to issue a conditional use permit listing the conditions specified for approval.

   B.   The commission may attach conditions that include, but are not limited to, the following:

      1.   Minimizing adverse impact on other development.

      2.   Controlling the sequence and timing of development.

      3.   Controlling the duration of development.

      4.   Assuring that plans are developed to properly maintain the project.

      5.   Designating the exact location and nature of development.

      6.   Requiring more restrictive standards than those generally required in this title.

      7.   Requiring mitigation of effects of the proposed development upon service delivery by any political subdivision, including school districts, providing services within the planning jurisdiction. (Ord. 2012-08, 10-9-2012, eff. 10-26-2012)

The commission may prescribe appropriate conditions, bonds and safeguards in conformity with this title over and above those listed in section 10-8-7 of this chapter. Violations of any conditions, bonds or safeguards, when made a part of the terms under which the conditional use permit is granted, shall be deemed a violation of this title.

   A.   Upon granting or denying an application, the commission shall specify:

      1.   The ordinance and standards used in evaluating the application.

      2.   The reasons for approval or denial.

   B.   A conditional use permit shall not be considered as establishing a binding precedent to grant other conditional use permits. A conditional use permit is not transferable from one parcel of land to another. (Ord. 2012-08, 10-9-2012, eff. 10-26-2012)

The applicant or any affected person may appeal the decision of the commission to the Board, following the hearing procedures requirements of chapters 3 and 10 of this title. (Ord. 2012-08, 10-9-2012, eff. 10-26-2012)

   A.   An applicant may request extension of the time period provided by this section by filing an application for extension with either the commission or the Board depending on who approved the conditional use permit.

      1.   Such application must be filed at least sixty (60) calendar days prior to the date of expiration.

      2.   The matter shall be heard at a public hearing before the commission or the Board, whichever made the final decision, in accordance with the notice and hearing procedures of chapter 3 of this title.

      3.   A renewal extension, if granted, shall be limited to three hundred sixty five (365) calendar days.

   B.   The commission or the Board, whoever made the final decision, may extend the commencement period or the completion period as provided in subsection A of this chapter upon proof of good cause by the applicant. Good cause shall be determined at the discretion of the commission or the Board. (Ord. 2012-08, 10-9-2012, eff. 10-26-2012)

A conditional use permit may be revoked upon violation of any of the conditions imposed therein. The Administrator or designee shall verify that a violation has occurred. The permit holder shall be notified that a violation has been noted and shall be given a reasonable time to correct said violation. If compliance is not or cannot be reached within an approved time, the Administrator shall notify the commission or Board, whichever approved the original conditional use permit, so that they may review the preponderance of the evidence to determine if after due process the conditional use permit should or should not be revoked. (Ord. 2012-08, 10-9-2012, eff. 10-26-2012)

   A.   A conditional use permit or previously approved special use permit may be modified upon a request of the Board, commission or the property owner(s). The Board or commission shall follow the same hearing procedures as per chapter 3 of this title for a conditional use permit.

   B.   Modification shall only be granted if the Board or commission finds that the modification is consistent with the provisions of the plan and will not be detrimental to the general public health, safety or welfare. (Ord. 2012-08, 10-9-2012, eff. 10-26-2012)