§ 21-62. Effect of approval for conditional districts.

(a)

Conditions attached to approval. Approval of a conditional district and the attached conditions are binding on the property as an amendment to the zoning maps. All subsequent development and use of the property shall be in accordance with the standards for the approved conditional district, the approved rezoning request, and all conditions attached to the approval. In accordance with sec. 21-11, an approved conditional district 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.

(b)

Uses allowed. Only uses and structures indicated on the approved site plan shall be allowed on the subject property. All uses and structures in a conditional district shall also comply with all standards and requirements for development in the underlying zoning district.

(c)

Effect on zoning maps. Following approval of the rezoning request for a conditional district, the subject property shall be identified on the zoning map by the appropriate district designation as listed in section 21-61 (a). All parallel conditional use districts approved prior to September 6, 2016 shall hereby be replaced by a comparable conditional district. For example, a pre-existing CBI-CUD designation will be changed to a CBI-CD designation. Associated applications, site plans, conditions, and limitations placed on the conditional use district are incorporated without change into the standards and conditions for the new conditional district. Changes to a pre-existing conditional use district are subject to the conditional district process identified in subsection (d). Nothing in the section shall be interpreted to invalidate a pre-existing conditional use district.

(d)

Alterations to approval. Alterations to an approved plan for a conditional district shall be as provided in this subsection.

(1)

Except as provided in subsection (2) below, changes to the approved conditional district and maps shall be treated as amendments to this chapter and the zoning maps.

(2)

Minor changes.

a.

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:

1.

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

2.

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;

3.

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

4.

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

5.

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.

b.

Regardless of sec. 21-62(d)(2)(a)(1-5), 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 district as per sec. 21-61(b). All other changes shall be reviewed by the board of commissioners as per sec. 21-61(b). Modifications requesting reduction of the minimum standards within the zoning ordinance shall be treated as a variance request and not considered herein.

c.

Requests for a minor change may be submitted to the planning director at any time, although proposals to change or amend any approved conditional district 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 the district 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 commissioners' 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 district shall remain in effect.

d.

The board of commissioners may consider revocation of an approved conditional district through the same procedure as the original permit. Following the hearing, the board of commissioners may elect to revoke the district 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 district to remain valid. Petitioners may appeal this decision to superior court. Should a conditional district be revoked, the board of commissioners will rezone the property back to a general zoning district.

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