The purpose of the conditional use permit is to allow the proper integration of uses into the community, which may be suitable only in specific locations in a zone, or only if such uses are designed or arranged on the site in a particular manner.

Conditional use permits may be issued, as provided in the chapter, for any of the uses or purposes for which such permits are required or permitted by the terms of this Title, upon conditions designated by the planning commission.

The planning commission, may approve, deny, or conditionally approve an application for a conditional use permit.

The planning commission may impose such conditions as it deems necessary to secure the purposes of this title and may impose such requirements and conditions with respect to location, construction, maintenance, operation, site planning, traffic control, and time limits for the conditional use permit, as it deems necessary, for the protection of the property owners and the public interest, and may require tangible guarantees or evidence that such conditions are being, or will be complied with.

Application for a conditional use permit shall be made in writing by the owners of the property or by a lessee, purchaser in escrow or optionee with the consent of the owners, on a form prescribed by the county. The application shall be accompanied by a fee, as set by the board of supervisors, and plans showing the details of the proposed use.

No application shall be deemed complete until environmental review process has been completed, in accordance with the Mariposa County environmental review policies and procedures.

The planning commission shall not be required to conduct a hearing to reject an application which does not conform to the requirements of this title.

A public hearing in accordance with the provisions of Chapter 17.132, will be required on any application for a conditional use permit prior to action being taken by the planning commission to approve, deny, or conditionally approve the application.

In evaluating a proposed project, the planning commission prior to approving a conditional use permit, must find that all the following findings can be made:

1. That adequate open space is being provided;
2. That the site is physically suited for the proposed development;
3. That adequate provisions have been made for sewage disposal and handling of solid waste;
4. That the proposed development will have adequate potable water for public use and fire protection;
5. That the project complies with all standard and special setback requirements and appropriate buffers have been provided for adjacent land uses;
6. That appropriate access is available or is proposed to the development;
7. That the proposed use is consistent with the policies and standards of the general plan and any applicable specific plan;
8. That the project as approved will not have a significant effect on the environment, or the significant impacts have been eliminated or substantially lessened, or determined that the significant effects are unavoidable and acceptable due to overriding concerns.
9. That the establishment, maintenance, or operation of the use applied for will not, under the circumstances of the particular case, be detrimental to the health, safety, morals, comfort, and general welfare of the persons residing or working in the neighborhood of such proposed use, and will not be injurious or detrimental to property and improvements in the neighborhood or the general welfare of the county. The planning commission shall impose any conditions and/or requirements it finds necessary to guarantee compliance with the findings in this section.

The planning director may approve one or more revisions to an approved conditional use permit provided such revision does not result in a cumulative expansion of more than ten percent (10%) of the original site or use area or such revision, other than expansion, is deemed necessary and desirable for the best utilization of a site, and such revision will not result in creating a potential public nuisance or health and safety problem, will not create impacts which were not addressed by the original environmental determination for the project, and will not change the original intent of the conditional use permit. Notice of an approved conditional use permit revision shall be the same as specified by section 17.08.120.D of this title.

The planning director may approve one (1) or more modifications of use on an approved conditional use permit when it is determined that the proposed use is substantially similar to the originally approved use and that the proposed use will not create a public nuisance or health and safety problem, and that the proposed use will not create impacts which were not addressed by the original environmental determination for the project. Notice of an approved conditional use permit modification of use shall be the same as specified by section 17.08.120.D. of this title.