This chapter and the Administrative Manual provide the standards and procedures for the review of all conditional use applications required to determine compliance with this title.

(Ord. No. 12-18-2017, O1, § 3, 12-18-2017)

A.

The zoning administrator is authorized as the land use authority responsible to review and approve, approve with revisions and/or conditions, or deny all administrative conditional use applications.

B.

The PC is authorized as the land use authority responsible to review and approve, approve with revisions and conditions, or deny all conditional use applications.

(Ord. No. 12-18-2017, O1, § 3, 12-18-2017)

A.

The procedures for the review of a conditional use application are identified by this chapter and Chapter 5 in the Administrative Manual.

B.

In considering a conditional use application, the PC and the zoning administrator shall review the application and shall determine:

1.

The proposed use is a conditional use within the zoning district as identified in Section 17.33.010 in this title.

2.

The proposed use complies with all requirements of the zoning district, including the minimum area, setbacks, height, and all other requirements as applicable.

3.

The proposed use will be conducted in compliance with the requirements of this title, all other applicable land use ordinances, and all applicable federal, state, or local requirements and regulations.

4.

The property on which the conditional use is proposed is of adequate size to permit the conduct of the use in a manner that will not be detrimental to adjoining and surrounding properties.

5.

The proposed use and site plan comply with all site plan and building requirements, as provided and required by this title and this chapter.

6.

The proposed use and site plan comply with all applicable dedication requirements of the county and provides the necessary infrastructure, as required.

7.

Such use will not, under the conditions required, be detrimental to the health, general welfare and safety of persons or injurious to property or improvements of the immediate area or the county as a whole.

(Ord. No. 12-18-2017, O1, § 3, 12-18-2017)

The PC and the zoning administrator in deciding a conditional use application, shall find that the procedural requirements and review standards of Section 17.08.030 have been met and that standards outlined in Section 17.08.050 have been met.

(Ord. No. 12-18-2017, O1, § 3, 12-18-2017)

A.

Conditional use permits shall not create a nuisance or negative impact to the community in regards to the following:

1.

Light and glare;

2,

Noise:

3.

Odors;

4.

Dust, smoke, and gases;

5.

Heat;

6.

Vibrations;

7.

Electromagnetic disturbances;

8.

Radiation;

9.

Sensitive lands;

10.

Health;

11.

Safety;

12.

Welfare.

B.

Conditional use permits shall be compatible with the surrounding area in regards to character, siting, aesthetics, and the general plan.

C.

The PC and the zoning administrator may impose reasonable conditions to accomplish the above outlined standards. The conditions may accomplish this by addressing items including, but not limited to:

1.

Location, construction, maintenance, operation, site planning, traffic control, architecture, landscaping, buffering and screening, outdoor operations and storage, size, scope of operations, utilities, flood control, open space, preservation of natural waterways and other significant natural features, and other items to mitigate possible detrimental effects of the proposed use, to secure the purposes of this title, and to protect adjacent properties and the public interest.

2.

Site plan design and layout including the size and configuration of features, building and operations; site ingress and egress locations, the location and amount of off-street parking and loading areas, site circulation patterns for vehicular and pedestrian traffic, signage, and lighting.

3.

Building(s) size and location(s), building design and exterior building features, building materials, and building colors.

4.

The provision of open space, public features, and recreational amenities.

5.

Fencing, screening, buffering, and landscape treatments and other features designed to increase the attractiveness of the site and protect adjoining property owners from adverse impacts.

6.

Measures designed to protect the natural features of the site, including, but not limited to, wetlands, drainage ways, groundwater protection, and slopes.

7.

The regulation of operating hours and the number of patrons and staff.

8.

The regulation of how long the use can occur at the location (time limits) when the use is proposed with a time limit or when the use is temporary in nature.

9.

Identifying a time for regular review and monitoring to ensure the use continues to operate in compliance with all conditions and requirements of approval.

10.

Such other conditions determined reasonable and necessary by the BOCC to meet the standards and allow the operation of the use at the proposed location, in compliance with the requirements of this title, all other land use ordinances and all federal, state, or local regulations, as applicable.

(Ord. No. 12-18-2017, O1, § 3, 12-18-2017; Ord. No. 02-26-2018, O1, § 3, 2-26-2018)

A.

A conditional use shall be approved if the conditional use application complies with all the requirements of this title, the building codes, as adopted, and all other applicable land use ordinances, as adopted, and if reasonable conditions are proposed, or can be imposed, to substantially mitigate the reasonably anticipated detrimental effects of the proposed use in accordance with the standards of this chapter, or relevant standards or requirements of any other chapter of this Code.

B.

If the reasonably anticipated detrimental effects of a proposed conditional use cannot be substantially mitigated by the proposal or the imposition of reasonable conditions to achieve compliance with applicable standards, or if the conditional use application does not comply with the requirements of this title, building codes and all other applicable land use ordinances as adopted, the conditional use may be denied.

(Ord. No. 12-18-2017, O1, § 3, 12-18-2017; Ord. No. 01-22-2025, O3, § 4, 1-28-2025)

Approval of a conditional use application by the PC or the zoning administrator shall authorize the establishment of the approved use, subject to any revisions, requirements, and conditions determined necessary to comply with all land use ordinances of the county. Only when the conditional use application has been approved by the PC or the zoning administrator, and a building permit issued, as required, may any building, activity, construction, or occupancy be commenced. Approval of a conditional use application shall not be deemed an approval of any other land use application, permit, or license.

(Ord. No. 12-18-2017, O1, § 3, 12-18-2017)

Any person aggrieved by a decision of the PC or the zoning administrator for any conditional use application may appeal the decision to the appeal authority, as identified by Chapter 17.13.

(Ord. No. 12-18-2017, O1, § 3, 12-18-2017)

Conditional use permits are a right in land and are valid in perpetuity, regardless of ownership except:

A.

Unless there is substantial action under a conditional use permit within a period of one year of its issuance, the conditional use permit shall expire. When deemed to be in the public interest, the land use authority may grant a maximum extension of six months under exceptional circumstances.

B.

A conditional use permit is hereby declared to be expired when the use is discontinued for three hundred sixty-five (365) consecutive days.

C.

The land use authority may put time limits on conditional use permits as it deems necessary.

(Ord. No. 12-18-2017, O1, § 3, 12-18-2017)

A.

Interested party. Any interested party may apply to the county for the amendment or revocation of a conditional use permit. For purposes of this section, "interested party" shall include the following persons or entities:

1.

The owner or lessee of the property for which the conditional use permit was granted.

2.

The County.

B.

Justification. A conditional use permit may be amended at the request of the holder of the permit upon a showing of good cause. A conditional use permit may be amended or revoked at the request of the county if the land use authority finds one or more of the following:

1.

That the conditional use permit was obtained by misrepresentation or fraud.

2.

That the use for which the permit was granted has ceased or has been suspended for one year or more.

3.

That the holder or user of the conditional use permit has failed to comply with any of the conditions placed on the issuance of the permit.

4.

That the holder or user of the conditional use permit has failed to comply with any county, state or federal law governing the conduct of the use.

5.

That the holder or user of the conditional use permit has failed to construct or maintain the site as shown on the approved site plan.

6.

That the operation of the use or the character of the site has been found to be a nuisance or a public nuisance by a court of competent jurisdiction in any civil or criminal proceeding.

C.

Procedure.

1.

The procedure for amending a conditional use permit shall be the same as the original application procedure set forth in this chapter.

2.

The procedure for revoking a conditional use permit shall be as follows:

a.

The holder or user of the conditional use permit will be given a reasonable opportunity to correct a violation in the same manner as provided for other violations of the land use ordinances.

b.

If the violation is not corrected in the time provided or if violations continue to occur, a fee will be assessed, as outlined in the adopted fee schedule and, an amendment/revocation hearing may be called by the land use authority. The land use authority may also call an amendment/revocation hearing if there has been a violation of any of the item listed under (B) of this section.

c.

The county shall notify the holder of the conditional use permit with the justification for the revocation. The notice shall include the date, time and place of the public meeting in which the revocation will be heard. Notice shall be sent a minimum of ten days prior to the meeting date.

d.

Hearing. No conditional use permit shall be amended or revoked against the wishes of the holder or user of the permit without first giving him or her an opportunity to appear before the land use authority and show cause as to why the permit should not be amended or revoked. Amendment or revocation of the permit shall not limit the county's ability to initiate or complete other legal proceedings against the holder or user of the permit.

(Ord. No. 12-18-2017, O1, § 3, 12-18-2017; Ord. No. 03-09-2020, O2, § 3, 3-16-2020; Ord. No. 07-11-2022, O1, § 3, 7-11-2022)