§ 21-58. Review procedures.

(a)

Submission. Applications for conditional use permits shall be submitted to the county planning department accompanied by a nonrefundable fee set by the county board of commissioners. Once received, the planning director shall review the request and, if deemed complete, submit a recommendation to the board of commissioners to schedule a public hearing regarding the request. Incomplete applications will be retuned to the applicant with the deficiencies noted.

(b)

Conditional use review. Planning staff shall prepare and present a report on the application to the board(s) reviewing the application. The board shall evaluate the application with reference to applicable conditions contained in this section as well as general criteria contained in this chapter. When deciding conditional use permits, the board of commissioners shall follow quasi-judicial procedures. The board of commissioners may impose reasonable and appropriate conditions upon the conditional use permit that support the findings found in this article.

(c)

Site plan required. Application for conditional use permit review shall require a site plan as provided in section 21-52 of this article. The planning director may also require additional information reasonably required to review the development proposal.

(d)

Oath. All evidence presented at the public hearing with regard to applications for conditional use permits shall be under oath.

(e)

Required findings. All decisions regarding a conditional use permit application shall not be approved or denied unless each of the following findings has been made:

(1)

The development of the property in accordance with the proposed conditions will not materially endanger the public health or safety;

(2)

That the development of the property in accordance with the proposed conditions will not substantially injure the value of adjoining or abutting property, or that the development is a public necessity; and

(3)

That the location and character of the development in accordance with the proposed conditions will be in general harmony with the area in which it is located and in general conformity with any adopted county plans.

(f)

Amendments of conditional use permits. Amendments to approved conditional use permits may be made as follows:

(1)

Minor changes. Minor changes. Conditional use permits are considered through a quasi-judicial process and the county recognizes slight deviations in site-specific development proposals may arise, warranting changes to the plans and therefore offers a provision for administrative approval of a minor change. The applicant may submit a written request to the planning director that includes supporting documentation (e.g. federal / state permits, survey / engineering information) substantiating the need for the minor change. After reviewing the record of proceedings, the planning director may consider minor changes that are substantially similar to that approved by the board of commissioners subject to the following criteria:

(a)

Relocation of operational area improvements that do not project into the required setback;

(b)

One-time expansions that do not exceed the lesser of ten (10) percent of the approved structure or one thousand (1,000) square feet for nonresidential uses;

(c)

One-time expansions that do not exceed the lesser of ten (10) percent of the development or five (5) units;

(d)

Structural alterations that do not significantly effect the basic style, ornamentation, and/or character of the building; or

(e)

Change in detail which does not affect the basic relationship of the use to the required standards of the applicable ordinances or condition(s) of approval.

Regardless of section 21-58(f)(1)(a)—(e), the planning director may forward the requested change to the board of commissioners for consideration in the same procedure as required for the original issuance of the conditional use permit as per section 21-58(a). All other changes shall be reviewed by the board of commissioners as per section 21-58(a). Modifications requesting reduction of the minimum standards within the zoning ordinance shall be treated as a variance request and not considered herein.

(2)

Timing of amendment proposal. Requests for a minor change may be submitted to the planning director at any time, although proposals to change or amend any approved conditional use permit shall not be considered by the board of commissioners within one (1) year after date of original authorization of such permit or within one (1) year after hearing of any previous proposal to amend or change any such permit unless deemed appropriate by the planning director. The applicant may appeal the decision of the planning director to the planning board. The planning board will make a recommendation for the board of commissioner's consideration. Failure of the board of commissioners to set a public hearing regarding an amendment shall constitute denial of the request and conditions of the original permit shall remain in effect.

(g)

Action. Following the required review, the board shall take final action on each conditional use permit request. After the required public hearing is closed, the board shall take one (1) of the following actions:

(1)

Approve the issuance of the permit as requested;

(2)

Approve the issuance of the permit, with additional conditions;

(3)

Continue the request; or

(4)

Deny the request for the permit.

In accordance with section 21-11, an approved conditional use permit secures a vested right to undertake a project for two (2) years unless a longer duration is requested by the applicant and approved by the board of commissioners. See section 21-315 for additional procedures.

(h)

Notification of decision. Notifications shall be delivered in accordance with section 21-315.

(i)

Notice and public hearing. Notice and public hearings shall be as provided in section 21-315.

(j)

Revocation. The Board of Commissioners may consider revocation of an approved conditional use permit through the same procedure as the original permit. Following the hearing, the board of commissioners may elect to revoke the permit if it is factually determined that one (1) or more instances listed below have occurred:

(1)

The vested rights time period from Sec. 21-11 lapsed;

(2)

The permit was obtained by fraud;

(3)

Non-compliance with the approved site plan and / or conditions of approval;

(4)

Repeated zoning code violations or criminal activity; or

(5)

Eminent threat to public health or safety.

Failure to validate at least one (1) of these instances shall allow the conditional use permit to remain valid. Petitioners may appeal this decision to superior court.

(Ord. of 1-19-98, § IV; Ord. of 10-18-04; Amend. of 3-7-05; Amend. of 2-20-06(1); Amend. of 11-2-09; Amend. of 10-4-10; Amend. of 3-5-12; Amend. of 4-21-14; Amend. of 9-6-16)