40.520.030    Conditional Use Permits

A.    Purpose.

    The purpose of this chapter is to provide a review process for uses with unusual characteristics, or uses that are located in areas with special characteristics. Such uses can be approved with appropriate conditions of approval to ensure that the uses are properly located and restricted in size and/or intensity to comply with the objectives of Section 40.520.030.

B.    Responsible Official Authority.

    The responsible official shall have the authority to approve, approve with conditions, deny, or revoke conditional use permits subject to the Type II-A process in Section 40.510.025.

C.    Pre-Application Submittal Requirements for a Conditional Use Permit.

1.    A pre-application conference is required for all conditional use permit applications subject to the requirements in Section 40.510.030(A).

2.    An applicant for a pre-application review of a conditional use permit shall comply with the submittal requirements in Section 40.510.050.

D.    Neighborhood Meeting.

    The applicant shall hold a neighborhood meeting no more than ninety (90) days prior to the submission of a Type II-A application as required in Section 40.510.025(C)(2).

E.    Concurrent Application.

    Conditional use applications may be submitted concurrently with the associated site plan review application, where applicable.

F.    Application Submittal Requirements for a Conditional Use Permit.

    An application for a review of a Type II-A conditional use permit shall comply with the submittal requirements in Section 40.510.050.

G.    The Action by the Responsible Official.

1.    The responsible official may impose, in addition to regulations and standards expressly specified in this title, other conditions found necessary to protect the interests of the surrounding properties or neighborhood, or the county as a whole. These conditions may include but are not limited to requirements:

a.    Increasing the required lot size or setback dimensions;

b.    Increasing street widths;

c.    Controlling the location and number of vehicular access points to the property;

d.    Increasing the number of off-street parking or loading spaces required;

e.    Limiting the number of signs;

f.    Limiting the lot coverage or height of buildings because of obstructions to view and reduction of light and air to adjacent property;

g.    Limiting building area and intensity of the use;

h.    Limiting or prohibiting openings in sides of buildings or structures or requiring screening and landscaping where necessary to reduce noise and glare and maintain the property in a character in keeping with the surrounding area;

i.    Establishing hours of operation;

j.    Establishing maintenance standards; and

k.    Establishing standards under which any future enlargement or alteration of the use shall be reviewed by the county and new conditions imposed.

2.    The responsible official must find that the establishment, maintenance or operation of the use applied for will not be significantly detrimental to the health, safety or general welfare of persons residing or working in the neighborhood of the proposed use or be detrimental or injurious to the property and improvements in the neighborhood or to the general welfare of the county.

H.    Revocation.

    The responsible official may revoke any conditional use permit for noncompliance with conditions set forth in the granting of said permit through a Type II-A process in Section 40.510.030. The revocation shall not be the exclusive remedy, and it shall be unlawful and punishable under Title 32 for any person to violate any condition imposed by a conditional use permit.

I.    Expansions.

1.    Subject to Section 40.520.030(G)(2), a conditional use may be expanded or modified as follows:

a.    An existing permitted conditional use may be expanded or modified by site plan approval pursuant to Section 40.520.040 if the expansion or modification complies with other applicable regulations and is not expressly prohibited by the approved conditional use permit for the site.

b.    A lawful, but nonconforming conditional use that was commenced prior to a conditional use permit being required may be expanded or modified by site plan approval if the expansion or modification:

(1)    Complies with other applicable regulations;

(2)    Does not add a new conditional use other than that already existing on the site; and

(3)    Qualifies as a Type I site plan review pursuant to Section 40.520.040.

c.    A lawful but nonconforming conditional use that was commenced prior to a conditional use permit being required must first obtain a conditional use permit and the necessary site plan review approval subject to the standards in Sections 40.520.030(G)(2) and 40.520.040 if the expansion or modification qualifies as a Type II site plan review pursuant to Section 40.520.040, or includes a new conditional use not already existing on the site.

2.    School Modulars or Portables.

    Installation of modular or portable buildings on school sites is exempt from additional conditional use review, provided the project meets other provisions of this section. Site plan review may be required under Section 40.520.040(B)(4)(g). Whether or not site plan review is required under Section 40.520.040(B)(4)(g), building permits may be subject to conditions required under the existing conditional use permit.

3.    A conditional use permit in the urban low density residential districts and office residential districts shall not require a new conditional use permit application to expand the same use on the same property; provided, that potential adverse impacts resulting from the proposed expansion can be mitigated with the existing county ordinances.

4.    An expansion involving the absorption of an abutting parcel(s) of land not considered in the original conditional use permit review shall be subject to a Type II-A application if the proposed use was never proposed or discussed in the original application.

5.    An expansion involving the absorption of an abutting parcel(s) of land that was considered in the original conditional use permit review shall be a Type II application, if the proposed use was approved or if the expansion involves an existing approved use in a prior conditional use permit review.

(Amended: Ord. 2010-08-06; Ord. 2012-07-03; Ord. 2012-12-23; Ord. 2014-01-08; Ord. 2016-09-04)