Chapter 17.68
CONDITIONAL USE PERMITS
Sections:
17.68.010 Establishment and process.
17.68.020 Preapplication process.
17.68.030 Application process.
17.68.050 Hearing process and noticing.
17.68.070 Public hearing—Decision.
17.68.080 Public hearing—Effective date of decision.
17.68.090 Criteria for approval.
17.68.100 Conditional use permit maintenance.
17.68.130 Appeal—Who can appeal.
17.68.150 Appeal—Time period for hearing.
17.68.160 Appeal—Action by the board of county commissioners.
17.68.170 Appeal—Effective date.
17.68.010 Establishment and process.
Humboldt County hereby establishes a conditional use permit process. The purpose of this chapter is to provide a method of reviewing proposed uses, which possess characteristics that require special appraisal in order to determine if the uses have the potential to adversely affect other land uses, air or water quality, transportation systems, or public facilities or services. Certain uses listed in the zoning districts are permitted only when subject to a conditional use permit. Uses are subject to all applicable property development standards of the district in which they are to be located. The procedure set forth in this chapter applies to all uses permitted subject to a conditional use permit. (Ord. 11-15-16 § 1)
17.68.020 Preapplication process.
Prior to submitting the application for a conditional use permit, the applicant may be required to have a presubmission meeting with Humboldt County regional planning department staff to discuss the project and the application. No conditional use permit application shall be accepted and processed until the information necessary to review and decide upon the proposed conditional use permit is deemed complete. (Ord. 11-15-16 § 1)
17.68.030 Application process.
Application for a conditional use permit may be made by the owner, purchaser under contract, or lessee of the property for which the permit is sought, or his agent duly authorized in writing and shall:
A. Be in writing on forms furnished by the planning department setting forth such information as may be prescribed by the planning commission to assist in determining the validity of the request.
B. The director of planning or designated representative may require the applicant to submit a site plan.
As part of the application process, the planning department, fire department, emergency medical services, sheriff’s office, road department, building department, other county staff, or other public entities that supply infrastructure or other necessary services may provide review of the application. Based on the recommendations of these Humboldt County departments, staff, or other entities, reasonable conditions that are related and roughly proportional to the proposed use of the property may be suggested to the regional planning commission and subject to their approval. (Ord. 11-15-16 § 1)
17.68.040 Application fee.
An application-processing fee, as established by the Humboldt County board of commissioners, shall be collected for any application for a conditional use permit made in compliance with this chapter. (Ord. 11-15-16 § 1)
17.68.050 Hearing process and noticing.
The Humboldt County regional planning commission shall take action to approve, approve with conditions, modify, modify with conditions, or deny the conditional use permit request. The regional planning commission may also vary standards of this title as part of the approval of a conditional use permit application. Failure of the commission to hold a public hearing or take action within the time frames provided in this chapter shall constitute approval of the application. (Ord. 11-15-16 § 1)
17.68.060 Noticing.
A hearing date will be set by the director of planning not less than ten or more than forty calendar days after the receipt of an application. A hearing to consider an application for a conditional use permit shall be held within sixty-five calendar days after the filing of the application. The hearing must be noticed and conducted according to the provisions set forth in NRS 278.315:
A. Notice of all public hearings will be given and contain the name and place of the hearing and other pertinent data presented in the application.
B. At least ten calendar days before the date set for public hearing, the director will give notice by mail of the time, place and the nature of the hearing to owners of property within a distance of three hundred feet of the exterior boundaries of the subject property, as the owners appear in the last adopted tax roll of the county. (Ord. 11-15-16 § 1)
17.68.070 Public hearing—Decision.
A. The planning commission will hold a public hearing not less than thirteen calendar days after the mailing of the notice of the conditional use permit application.
B. The planning commission will issue its decision by resolution prior to the conclusion of the public hearing. The resolution shall set forth the findings of the planning commission and any recommended or required conditions, including time limit, deemed necessary to protect the health, safety and welfare of persons in the neighborhood and the community as a whole. Notification of the action of the planning commission will be mailed to the applicant at the address shown on the application within five business days. (Ord. 11-15-16 § 1)
17.68.080 Public hearing—Effective date of decision.
The decision of the planning commission is final unless appealed and becomes effective five business days after issuance of such decision. (Ord. 11-15-16 § 1)
17.68.090 Criteria for approval.
No conditional use permit application shall be approved unless the applicant establishes that the use is appropriate at the proposed location and meets the following criteria:
A. All of the applicable application elements, as outlined in this chapter, are complete and the applicant has agreed to meet all conditions imposed as part of the conditional use permit approval process;
B. The proposed use shall be consistent with the purpose, goals, objectives and standards of the county master plan of this chapter;
C. The proposed use shall not result in a substantial or undue adverse effect on adjacent properties, character of the neighborhood, road or traffic conditions, parking, public improvements or infrastructure, public sites or rights-of-way, the potential impairment of natural resources, or other matters affecting the public health, safety, and general welfare. Such conditions may include, but are not limited to:
1. Special yards, spaces and buffers,
2. Fences and walls,
3. Surfacing of parking areas and specifications therefor,
4. Requiring street dedications and improvements including service roads and alleys,
5. Regulation of points of vehicular egress and ingress,
6. Regulation of signs,
7. Requiring landscaping and maintenance thereof,
8. Requiring maintenance of grounds,
9. Regulation of noise, vibration and odors,
10. Regulation for time of certain activities,
11. Time period within which the proposed use will be developed,
12. A bond for removal of such use within a specified period of time,
13. Such other conditions as will make possible the development of the county in an orderly and efficient manner in conformity with the intent and purposes set forth in this title.
D. The proposed use will be adequately served by public improvements, facilities, and services, and will not impose an undue burden on other users; and
E. The applicant for a conditional use permit shall have the burden of proof by a preponderance of the evidence to provide facts supporting the proposed conditional use permit. For the purposes of legal clarity, this shall include the burden of going forward with the evidence and the burden of persuasion on all questions of fact, which are to be determined by the planning commission. Additionally, the applicant shall provide adequate information in the application and on the site plan to substantiate the findings required in this section. (Ord. 11-15-16 § 1)
17.68.100 Conditional use permit maintenance.
Implementation or construction of the project shall commence any stage or phase of the operation within one year of approval. If the applicant is not able to initiate implementation or construction within that period, one-year time extensions from the date of the original approval of the conditional use permit may be granted by the Humboldt County regional planning commission following a progress report presented at an open public meeting of the commission. The time limit set by the planning commission will be reasonable based on the size and nature of the proposed development. In the event that the use authorized by the conditional use permit is abandoned for a period of more than one year from the date of last producing operations, the permit shall become null and void and a new conditional use permit shall be required. (Ord. 11-15-16 § 1)
17.68.110 Permit revocation.
A. A conditional use permit is automatically revoked if not exercised by actual use in conformance with the permit within one year unless a longer period is specified in the approval.
B. The planning commission, on its own motion at public hearing with or without recommendation from the governing body, may revoke any conditional use permit granted by it for noncompliance with the conditions set forth by the planning commission in granting the permit. The permittee will be given written notice at least ten business days prior to a public hearing on any proposed revocation. (Ord. 11-15-16 § 1)
17.68.120 Appeal process.
An appeal of the decision of the Humboldt County regional planning commission must be made within ten business days after the date of the final decision. If filed, an appeal stays any further action on the permit until final resolution of the appeal. (Ord. 11-15-16 § 1)
17.68.130 Appeal—Who can appeal.
Appeals may be filed by any person aggrieved by the decision of the Humboldt County regional planning commission if the person is:
A. The applicant or the applicant’s authorized agent; or
B. An owner of real property who has received notice of the public hearing pursuant to HCC 17.68.060; or
C. A person who may be adversely affected by the decision and has participated in the review process by submitting written testimony on the application prior to the public hearing before the planning commission; or
D. Has participated in the review process by providing oral testimony at the public hearing before the planning commission; or
E. Was prevented from participating in the review by circumstances beyond his/her control. (Ord. 11-15-16 § 1)
17.68.140 Appeal—Contents.
The appeal shall be in writing and state the basis of the appeal by citing the inadequacy of the findings made by the planning commission. Such reasons shall be based upon the evidence presented to the planning commission at the original hearing. Failure of the appellant to present such reasons shall be deemed cause for denial of the appeal. The county may charge the appellant a fee for the filing of an appeal. (Ord. 11-15-16 § 1)
17.68.150 Appeal—Time period for hearing.
The clerk of the Humboldt County board of commissioners shall schedule a public hearing on the appeal of the planning commission’s final decision before the Humboldt County board of commissioners within sixty calendar days of the date of the filing of the appeal. (Ord. 11-15-16 § 1)
17.68.160 Appeal—Action by the board of county commissioners.
The Humboldt County board of commissioners shall consider only those items cited in the appeal. In its deliberation, it may use the record and any additional evidence relevant to the application and may confirm, reverse, or modify the appealed actions based upon its interpretation of the criteria required for approval per HCC 17.68.090 and the evidence submitted. The Humboldt County board of commissioners shall render a final decision within sixty calendar days of the appeal hearing. In the case of a tie due to the absence of a member, the appeal shall be continued to a future meeting unless requested otherwise by the applicant. Said future meeting may be beyond the sixty calendar days required for a final decision. The final decision of the board of county commissioners shall be final for the purposes of judicial review, with the exception of a renewable energy generation project conditional use permit, which can be appealed, under certain conditions, to the Public Utilities Commission of Nevada pursuant to NRS 278.26506. (Ord. 11-15-16 § 1)
17.68.170 Appeal—Effective date.
The decision of the Humboldt County board of commissioners shall be effective immediately. (Ord. 11-15-16 § 1)