Chapter 18.92 CONDITIONAL USE PERMITS

18.92.010 Approval by the zoning agency.

18.92.020 Plans submitted to zoning agency.

18.92.030 Granted upon certain findings.

18.92.040 Conditional use conformance to regulations.

18.92.050 Compliance with other conditions.

18.92.060 Revocation for non-use.

18.92.010 Approval by the zoning agency.

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 of fifty dollars to defray costs of investigation and publication. The zoning administrator shall review the proposed use and site plan, and shall give notice of a hearing before the zoning agency in accordance with Sections 18.108.050 through 18.108.100. (Ord. 525 § 1(part), 1989).

18.92.020 Plans submitted to zoning agency.

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).

18.92.030 Granted upon certain findings.

A conditional use permit shall be granted only if it is found that the proposed use will not violate the spirit or intent of this title, will not be contrary to the public health, safety or general welfare, will not be hazardous, harmful, noxious, offensive or a nuisance by reason of noise, dust, smoke, odor, glare or other similar factors, and will not for any other reason cause a substantial adverse effect upon the property values and general desirability of the neighborhood or of the county. (Ord. 525 § 1(part), 1989).

18.92.040 Conditional use conformance to regulations.

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).

18.92.050 Compliance with other conditions.

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. (Ord. 525 § 1(part), 1989).

18.92.060 Revocation for non-use.

(see also Section 18.108.020)
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 before 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. (Ord. 525J § 1, 2000: Ord. 525 § 1(part), 1989).