8-6-15: CONDITIONAL USE PERMIT:

   A.   Purpose: This Section provides procedures, general conditional use standards, and required findings for various conditional uses as set forth under the base district, any applicable overlay districts, and in accord with the specific use standards of this Chapter.

   B.   Applicability:

      1.   This Section applies to any use that requires conditional use approval as noted in the applicable base district or overlay district.

      2.   Any modification or expansion of a previously approved conditional use that would generate the need for a new master site plan review requires a new conditional use approval.

      3.   Upon the sale or transfer of an approved conditional use, and if the approved use requires a license to operate, the subsequent property owner or operator must provide evidence of proper licensing to the Director.

   C.   Initiation:

      1.   Generally: A conditional use permit may be initiated by the owner of the subject property and shall be submitted to the Director.

      2.   Additionally:

         a.   The master site plan for the conditional use shall address firefighting resources. Those resources shall include proper access for firetrucks, water for fire flow and/or defensible space.

         b.   A screening plan shall be submitted for any parking areas abutting a residential district. See also Section 8-3-7.

         c.   The owner and/or operator shall provide evidence that any dangerous characteristics of the proposed use are eliminated or minimized so as not to create a nuisance or cause detriment to public health, safety, or welfare.

   D.   Completeness: See Section 8-6-5.

   E.   Notice: See Section 8-6-8.

   F.   Decision:

      1.   Staff Review: The Director shall review the application and prepare and send a recommendation for the Commission's review.

      2.   Commission Decision: The Commission shall make the final decision:

         a.   To approve the conditional use permit;

         b.   To deny the conditional use permit; or

         c.   To approve the conditional use permit with conditions. The conditions may include, but not limited to, any or all of the following:

            (1)   Standards related to the emission of noise, vibration, and other potentially objectionable impacts.

            (2)   Limits on time of day for the conduct of the specified use and facility hours.

            (3)   The permit's exercise or lapse period.

            (4)   Other standards necessary to protect public health, safety, and welfare and mitigate adverse effects on surrounding property.

   G.   Standards: Any applicable specific use standards listed in Chapter 4 of this Title and the findings listed in subsection H below in reviewing the conditional use shall apply.

   H.   Required Findings: The Commission shall find the following before issuing a conditional use permit:

      1.   The proposed use is not detrimental to public health, safety, or welfare;

      2.   The proposed use does not create undue adverse impacts on surrounding properties;

      3.   The proposed use is consistent with the applicable comprehensive plan;

      4.   The proposed use complies with the purpose statement of the applicable base district and with the specific use standards as set forth in this Chapter;

      5.   The proposed use complies with all applicable County ordinances;

      6.   The proposed use complies with all applicable state and federal regulations;

      7.   The proposed use and facilities do not impede the normal development of surrounding property;

      8.   Adequate public and private facilities such as utilities, landscaping, parking spaces, and traffic circulation measures are provided for the proposed use;

      9.   Political subdivisions, including school districts, are able to provide services for the proposed use; and

      10.   If abutting or within a rural district, the proposed use shall not cause detrimental impacts to agriculture.

   I.   Appeals: See Section 8-6-13.

   J.   Scope Of Approval Of The Conditional Use:

      1.   Generally: The approval of a conditional use permit does not authorize the development of land. Any development that occurs after the conditional use permit is approved requires additional approval, which may include subdivision review or master site development plan approval, if applicable, and building permits and certificates of occupancy.

      2.   Ongoing Obligations: The approved project shall:

         a.   Comply with all applicable approved plans and specifications,

         b.   Continuously maintain adequate housekeeping practices so as not to create a nuisance, and

         c.   Maintain sanitary practices so as not to create a public nuisance and to reduce noise and odor.

      3.   Master Site Plan: A master site plan application shall be concurrently submitted subject to the regulations of Section 8-6-19, unless specifically exempt under the regulations of that Section. The master site plan shall note any accessory buildings or facilities and any outdoor storage areas where they are reviewed as part of the conditional use.

      4.   Tentative Approval:

         a.   Written documentation shall be provided indicating the conditional use has been approved by all applicable public agencies before a zoning certificate is issued.

         b.   A maximum of two (2) years are allowed to obtain all necessary permits and a zoning certificate.

         c.   The Director shall determine that all conditions of approval have been met and that the conditional use conforms with this Section before a zoning certificate is issued.

      5.   Minor Modifications:

         a.   The minor modification provisions set forth for approved master site plans in Section 8-6-20 also apply to approved conditional uses.

         b.   All other modifications to an approved conditional use are considered in accordance with Section 8-6-15.

(Ord. 1002, 10-28-2025)