Every use which requires the granting of a conditional use permit is declared to possess characteristics which require review and appraisal by the commission to determine whether or not the use would cause any damage, hazard, nuisance or other detriment to persons or property in the vicinity. The commission may require higher standards of site development than those listed specifically in this chapter in order to assure that the proposed use will be compatible with other property and uses in the vicinity. The commission may revoke or modify its approval of a conditional use permit in accordance with the procedures set forth in the hearing and appeals procedures found in article 5 of this chapter. (Ord. 10-006, 8-16-2010)

A conditional use permit application shall be subject to a public hearing, review, and approval, as provided by article 5 of this chapter. The application process shall be as follows:

   (1)   Form: Applications for conditional use permits, including a development plan and/or an operation plan if applicable, shall be filed with DSD.

   (2)   Fee: An application must be accompanied by a filing fee as established by the adopted fee schedule. (Ord. 10-006, 8-16-2010)

The presiding party shall consider each conditional use permit application by finding adequate evidence to answer the following questions in its FCOs:

   (1)   Is the proposed use permitted in the zone by conditional use permit;

   (2)   What is the nature of the request;

   (3)   Is the proposed use consistent with the comprehensive plan;

   (4)   Will the proposed use be injurious to other property in the immediate vicinity and/or negatively change the essential character of the area;

   (5)   Will adequate water, sewer, irrigation, drainage and stormwater drainage facilities, and utility systems be provided to accommodate the use;

   (6)   Does legal access to the subject property for the development exist or will it exist at the time of development;

   (7)   Will there be undue interference with existing or future traffic patterns; and

   (8)   Will essential services be provided to accommodate the use including, but not limited to, school facilities, police and fire protection, emergency medical services, irrigation facilities, and will the services be negatively impacted by such use or require additional public funding in order to meet the needs created by the requested use? (Ord. 16-001, 1-8-2016)

   (1)   The decision making body shall consider the following:

      A.    The uses of the surrounding properties in the determination of the compatibility of the proposed temporary use permit with such uses;

      B.    Duration of the proposed use;

      C.    Considerations of site and building design and capabilities; and

      D.    Recommendations from applicable government agencies.

   (2)   The decision making body may require conditions as are necessary to protect the health, safety and welfare of the residents of parcels within the set notification distance, as well as conditions that would protect the uses of surrounding properties. (Ord. 11-003, 3-16-2011)

   (1)   If the presiding party approves a daycare, it shall specify the maximum number of children as a condition of approval. The presiding party shall also consider all health and safety requirements, considerations of site and building design and capabilities, and recommendations from applicable government agencies.

   (2)   The board shall consider the uses of the surrounding properties in the determination of the compatibility of the proposed daycare center with such uses. Additional conditions as are necessary to protect the public health, safety, and welfare of the children may be required. (Ord. 11-003, 3-16-2011)

(Rep. by Ord. 16-001, 1-8-2016)

(Rep. by Ord. 16-001, 1-8-2016)

(Rep. by Ord. 16-001, 1-8-2016)

Special conditions may be attached to a conditional use permit including, but not limited to, conditions which:

   (1)   Minimize adverse impact, such as damage, hazard, and nuisance, to persons or the subject property or property in the vicinity;

   (2)   Control the sequence and timing of development;

   (3)   Control the duration of development;

   (4)   Designate the exact location and nature of development;

   (5)   Require the provision for on site or off site public facilities or services;

   (6)   Require more restrictive standards than those generally required in this chapter; or

   (7)   Mitigate the negative impacts of the proposed development upon service delivery by any political subdivision, including school districts, providing services within the county. (Ord. 10-006, 8-16-2010; amd. Ord. 11-003, 3-16-2011)

Prior to making a decision concerning a conditional use permit request, the presiding party may require studies at the applicant's expense of the social, economic, fiscal, and environmental effects of the proposed conditional use. (Ord. 10-006, 8-16-2010; amd. Ord. 11-003, 3-16-2011)

If any person, including staff or a member of the commission, files a written notice presenting sufficient evidence, as determined by the director, that the conditions of the conditional use permit have been violated, the presiding party that made the final decision, shall set the matter for a public hearing noticed in accordance with article 5 of this chapter. (Ord. 10-006, 8-16-2010; amd. Ord. 11-003, 3-16-2011)

   (1)   Commencement: 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 presiding party or a court of appropriate jurisdiction. The improvements for the approved use must be completed within five (5) years of the same date. If the use is not commenced or completed within these time periods, the use and its approval shall expire as provided for in subsection (2) of this section. Upon expiration of the use or the approval of that use as provided by this section, the applicant can seek approval of the use only by filing a new initial application. However, gravel pits and public utility facilities are excepted from the commencement and time completion requirements. The presiding party has the discretionary power to establish commencement and completion requirements as specific conditions of approval for gravel pits and power plant public service facilities. (Ord. 10-006, 8-16-2010; amd. Ord. 11-003, 3-16-2011)

   (2)   Expiration: After the three (3) year period has expired, if any person, including staff or member of the commission, files a written notice presenting sufficient evidence, as determined by the director, to establish that the land use or construction of its facility provided for in the conditional use permit, has not commenced or after the five (5) year period that said use has been abandoned, ended, or not completed, the use has expired. (Ord. 12-006, 3-22-2012)

      A.    Appeal By Affected Person: Any affected person who is aggrieved by the director's decision as to an application pursuant to this subsection, may file a written notice of appeal in accordance with section 07-05-07, "Appeal Of Director Administrative Decision", of this chapter.

      B.    Reversion: If an appeal is not received or if the commission finds that the use has been abandoned, ended, or not completed, the prior approval shall be set aside and the property shall revert to its prior status. (Ord. 10-006, 8-16-2010; amd. Ord. 11-003, 3-16-2011)

   (1)   Request: An applicant may request extension of the time period provided by this section by filing an application for extension with DSD. Such application must be filed prior to the date of expiration of the three (3) year period for commencement of the land use or prior to the expiration of the five (5) year period for completion of the project. The matter shall be heard at a public hearing before the presiding party who made the final decision, in accordance with the notice and hearing procedures of article 5 of this chapter. If the application is not timely filed, it shall not be accepted. (Ord. 12-006, 3-22-2012)

   (2)   Decision: The presiding party may extend the commencement period or the completion period upon proof of good cause by the applicant. The burden of proof as to the showing of good cause for the extension shall be on the applicant, and good cause shall be determined at the discretion of the presiding party. (Ord. 10-006, 8-16-2010; amd. Ord. 11-003, 3-16-2011)