Title 18 ZONING*
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).
<< previous | next >>