The purpose of these procedures is to establish a review process for the development of uses that may be desirable under appropriate circumstances, but are not permitted by right in the applicable zone. The intent of these procedures is to review these uses on a case-by-case basis to determine whether and under what conditions the use may be approved at a given site. Further, the intent is that each use be developed so as to fully protect the public health, safety, and welfare of the community. To provide this protection, conditions may be applied to address potential adverse effects associated with the proposed use.

(Ord. 525GG § 1, 2008).

A.

In granting a conditional use permit, the decision maker may impose reasonable conditions as deemed necessary and desirable to protect the public health, safety, and welfare including making any applicable use regulations or regulations of the zone more restrictive, unless otherwise provided.

B.

All existing and proposed uses on the site shall be identified in the permit, including existing or new uses permitted by right in the applicable zone, any uses subject to a use permit, and those proposed uses that require the conditional use permit.

C.

The privileges and conditions of a conditional use permit are a covenant that runs with the land and, in addition to binding the permittee, bind each successor in interest.

D.

The decision maker may assign an expiration date to the permit.

(Ord. 525GG § 2, 2008).

Uses listed in this chapter and Chapter 18.94, those specified in the zoning district regulations, and any other uses not specifically provided for may be approved by the zoning agency. Application for a permit for such a use shall be made to the zoning administrator and shall include a statement of the use proposed, a site plan in the manner prescribed in Chapter 18.96, Site Plans, and shall be accompanied by a fee as approved by board resolution to defray costs of investigation. The zoning administrator shall review the proposed use and site plan, and shall determine if the proposed use can be accepted for consideration as a conditional use permit application. The applicant may appeal an adverse decision to the planning commission for action. If the request is granted, then a conditional use permit application shall be initiated with fees.

(Ord. No. 652, § 4, 12-20-11; Ord. 525GG § 3, 2008: Ord. 525 § 1(part), 1989).

Location, building and site plans, and a plan of operation shall be submitted to the zoning agency, and such plans shall be in sufficient detail to enable the zoning agency to make its determination as to the appropriateness of the proposed conditional use based on the compatibility of the use to the area; the suitability of the architectural and landscape treatment; the provision for drainage and sewage disposal, the provision for adequate planting screen, and the provision for operational control devices where necessary to eliminate noise, dust, odor, smoke or glare, and such other factors as would be pertinent to such determinations.

(Ord. 525 § 1(part), 1989).

An application for a conditional use permit may be approved or conditionally approved only if the decision maker makes the following findings:

A.

The proposed use will not violate the spirit or intent of the Madera County Zoning Ordinance;

B.

The proposed use will not be contrary to the public health, safety, or general welfare of the citizens of Madera County;

C.

The proposed use will not be hazardous, harmful, noxious, offensive, or a nuisance by reason of noise, dust, smoke, odor, glare, or other similar factors;

D.

The proposed use will not for any other reason cause a substantial effect upon the property values and general desirability of the neighborhood or of the county.

(Ord. 525GG § 4, 2008: Ord. 525 § 1(part), 1989).

Except as may be specifically provided, any conditional use shall conform to the structure location regulations, the structure height regulations, the lot dimension regulations, and any other specific regulations of the zoning district in which it is located.

(Ord. 525 § 1(part), 1989).

The zoning agency may require compliance with such other conditions as may be deemed necessary in the specific situations in addition to any which are herein stated. The zoning agency shall provide the CUP holder with a comprehensive list of conditions within fifteen days following approval of the CUP. The conditional use permit is not deemed valid or issued until all required conditions are satisfied.

(Ord. 525GG § 5, 2008: Ord. 525 § 1(part), 1989).

A.

A major amendment to the conditional use permit would be a ten percent increase in size of the facility or conditions of approval and would require approval of the decision makers.

B.

A minor revision amendment would be change in style of facilities or location of buildings. This would require a zoning permit.

(Ord. No. 641, § 5, 10-27-09).

A.

If a conditional use permit has been approved but the use has not commenced within two years of approval, the department shall notify the applicant by mail at the address listed on the application, that on a date and time stated in the notice the planning commission will consider revocation of the conditional use permit as a consent item unless prior to that hearing, the applicant establishes that substantial progress has been made toward commencement of the use. The notice shall further inform the applicant that he or she may request a hearing to request a time extension before the commission pursuant to Sections 18.108.050 through 18.108.180.

B.

A conditional use permit may be terminated if it is not used within two years of the date of approval, and shall be voidable, unless written time extensions are applied for and approved prior to permit expiration pursuant to Sections 18.108.050 through 18.108.180. Time extensions may be granted or conditionally granted provided:

1.

Each extension will be for a one year period of time; and

2.

The maximum number of extensions will not exceed an additional total of three years.

C.

If a conditional use permit has been approved but the use has not commenced within one year of approval, the applicant shall provide to the county planning department a written status report and plan of action which will clarify the progress which has been and which is expected to be made toward implementing the project. This information shall be provided no later than fourteen months after the application approval date. Failure to provide a timely response to the department may be considered by the zoning agency in any proceeding brought under Section 18.108.030.

D.

A conditional use permit may be terminated at the written request of the property owner and will require approval by the zoning administrator. Upon receipt of the written request, the matter will be scheduled on the zoning administrator's agenda with notification only to the property owner.

(Ord. 525GG § 6, 2008: Ord. 525J § 1, 2000: Ord. 525 § 1(part), 1989).