§ 50-841. Conditional use permit.

(a)

Generally. This section recognizes that it is impossible to identify every conceivable land use which might be permitted in each zoning district, and, that a means of permitting individual (i.e., not planned unit development) uses as conditional may provide a desirable alternative to amending the zoning ordinance.

(b)

Objective. To provide a mechanism for allowing specific uses not listed as a matter of right or by special exception but which by their nature are compatible with the existing zoning district.

(c)

General requirements; Criteria. In order to be approved by the board of county commissioners, an application for a conditional use permit must meet the following criteria:

(1)

Intensity of land. The intensity of land use and density provided in the proposed use must be equal to or lower than that permitted within the zoning district, which shall include, but not be limited to, provision for equal or lower lot coverage and other indications of intensity of use, and equal or fewer residential units.

(2)

Minimum standards. All development standards of the proposed use must meet or exceed the minimum standards for the zoning district.

(3)

Adjacent land uses. The proposed use must be compatible with all adjacent land uses.

(4)

Comprehensive plan. The proposed use must be compatible with the policies adopted as a part of the comprehensive plan.

(5)

Consistent with district. The proposed use must be consistent with the intent of the zoning district.

(6)

Beneficial impact. The proposed use will have a beneficial community impact.

(7)

Other requirements. The proposed use and the application meet all other requirements contained in this section.

(d)

Application and approval process.

(1)

The applicant shall make application and pay a fee for the application at the county development department.

(2)

Each application shall be accompanied by a detailed site plan, at a scale of one inch equals ten feet (or more subject to the zoning official's approval), showing the relationship of the proposed use to:

a.

The parcel on which it is to be located.

b.

Adjacent land uses.

c.

Ingress and egress.

(3)

Each application shall be submitted by the first day of the month preceding the next regular monthly planning commission meeting.

(4)

After county staff review and preparation of a staff report, the planning commission shall review the conditional use permit application at its next meeting at which such application may reasonably be heard. The planning commission shall provide its recommendation to the board of county commissioners regarding approval, denial, or approval with conditions, of the proposed use and the conditional use permit application.

(5)

The board of county commissioners shall review the conditional use permit application at its next meeting at which such application may reasonably be heard. The board of county commissioners shall approve, deny, approve with conditions, or table the application for further information or other reasonable cause.

(6)

If the conditional use permit application is approved, the development department shall issue a use-specific conditional use permit.

(7)

If denied, the applicant may not reapply for the same proposed use for a period of six months.

(e)

Prohibitions.

(1)

No conditional use may be terminated and another use initiated without applying for either a certificate of zoning compliance or a conditional use permit, as may be appropriate.

(2)

No expansion of a conditional use may be initiated or permitted except by following these procedures.

(Ord. No. 2007-03, § 19, 7-17-2007)