Chapter 17.420


17.420.010    Purpose and applicability.

17.420.020    Administrative conditional use permit procedure.

17.420.030    Previous use approval.

17.420.035    Third party review.

17.420.040    Decision criteria – Administrative conditional use permit.

17.420.050    Revision of administrative conditional use permit.

17.420.060    (Repealed)

17.420.070    (Repealed)

17.420.080    Transfer of ownership.

17.420.090    Land use permit binder required.

17.420.100    Effect.

17.420.010 Purpose and applicability.

The purpose of this chapter is to set forth the procedure and decision criteria for administrative conditional use permits. An administrative conditional use permit is a mechanism by which the county may place special conditions on the use or development of property to ensure that new development is compatible with surrounding properties and achieves the intent of the Comprehensive Plan. This chapter applies to each application for an administrative conditional use and to uses formerly permitted after site plan review.

(Ord. 367 (2006) § 110 (part), 2006)

17.420.020 Administrative conditional use permit procedure.

A.    The department may approve, approve with conditions, or deny an administrative conditional use permit through a Type II process as set forth in Title 21 of this code.

B.    Applications for an administrative conditional use permit shall contain the information required by the submittal requirements checklist established by the department as set forth in Section 21.04.045.

C.    When an application is submitted together with another project permit application, the administrative conditional use permit shall be processed as set forth in Section 21.04.035.

D.    Upon a determination of a complete application, the director shall have fourteen calendar days to notify the applicant whether the application shall be reviewed administratively or by the hearing examiner at a scheduled public hearing. A public hearing will be required when a component of development located within a commercial zone involves the conversion of previously undeveloped land which abuts a residential zone. Further, the director may refer any proposal under this section to the hearing examiner for review and decision.

(Ord. 367 (2006) § 110 (part), 2006)

17.420.030 Previous use approval.

Where, prior to December 11, 2006, approval was granted for establishing or conducting a particular use on a particular site through a site plan review process, such previous review and use approvals are by this section declared to be continued as an administrative conditional use permit.

(Ord. 367 (2006) § 110 (part), 2006)

17.420.035 Third party review.

The director may require a third party review from a technical expert to provide information necessary to support an administrative decision. The expert will be chosen from a list of prequalified experts prepared and kept current by an annual solicitation by the department. The applicant shall select the expert from a list of three names selected by the director from the larger pre-qualified list. The expert will be contracted to the county and report their findings to the director and the applicant. The cost of such report will be the responsibility of the applicant.

(Ord. 415 (2008) § 186, 2008)

17.420.040 Decision criteria – Administrative conditional use permits.

A.    The department may approve, approve with conditions, or deny an administrative conditional use permit. Approval or approval with conditions may be granted only when all the following criteria are met:

1.    The proposal is consistent with the Comprehensive Plan;

2.    The proposal complies with applicable requirements for the use set forth in this code;

3.    The proposal is not materially detrimental to existing or future uses or property in the immediate vicinity; and

4.    The proposal is compatible with and incorporates specific features, conditions, or revisions that ensure it responds appropriately to the existing character, appearance, quality or development, and physical characteristics of the subject property and the immediate vicinity.

B.    The department may impose conditions to ensure the approval criteria are met.

C.    If the approval criteria are not met or conditions cannot be imposed to ensure compliance with the approval criteria, the administrative conditional use permit shall be denied.

(Ord. 415 (2008) § 187, 2008: Ord. 367 (2006) § 110 (part), 2006)

17.420.050 Revision of administrative conditional use permits.

A.    Revision of an administrative conditional use permit or of conditions of permit approval is permitted as follows:

1.    Minor revisions may be permitted by the department and shall be properly recorded in the official case file. No revision in points of vehicular access to the property shall be approved without prior written concurrence of the director of the department of public works. Minor revisions shall be processed as a Type I application; and

2.    Major revisions, including any requested change in permit conditions, shall be processed as a Type II application;

B.    Minor and major revisions are defined as follows:

1.    A “minor” revision means any proposed change which does not involve substantial alteration of the character of the plan or previous approval, including increases in gross floor area of no more than ten percent; and

2.    A “major” revision means any expansion of the lot area covered by the permit or approval, or any proposed change whereby the character of the approved development will be substantially altered. A major revision exists whenever intensity of use is substantially increased, performance standards are reduced below those set forth in the original permit, detrimental impacts on adjacent properties or public rights-of-way are created or increased, including increases in trip generation of more than ten percent, or the site plan design is substantially altered.

3.    Any increase in vehicle trip generation shall be reviewed to determine whether the revision is major or minor. The traffic analysis shall be filed by the applicant at the same time as the request for revision. The traffic analysis will follow Traffic Impact Analysis guidelines as set forth in Chapter 20.04.

(Ord. 367 (2006) § 110 (part), 2006)

17.420.060 (Repealed)*

*    Editor’s Note: Former Section 17.420.060, “Vacation of administrative conditional use permit,” was repealed by § 5(b) of Ord. 490 (2012). Section 110 (part) of Ord. 367 (2006) and § 188 of Ord. 415 (2008) were formerly codified in this section.

17.420.070 (Repealed)*

*    Editor’s Note: Former Section 17.420.070, “Revocation of permit,” was repealed by § 5(c) of Ord. 490 (2012). Section 110 (part) of Ord. 367 (2006) and § 189 of Ord. 415 (2008) were formerly codified in this section.

17.420.080 Transfer of ownership.

An administrative conditional use permit runs with the land and compliance with the conditions of any such permit is the responsibility of the current owner of the property, whether that is the original applicant or a successor.

(Ord. 367 (2006) § 110 (part), 2006)

17.420.090 Land use permit binder required.

The recipient of an administrative conditional use permit shall file a land use permit binder on a form provided by the department with the county auditor prior to initiation of any further site work; issuance of any development/construction permits by the county; or occupancy/use of the subject property or the building thereon for the use/activity authorized, whichever comes first. The binder shall serve both as an acknowledgment of and agreement to abide by the terms and conditions of the permit and as a notice to prospective purchasers of the existence of the permit.

(Ord. 367 (2006) § 110 (part), 2006)

17.420.100 Effect.

No building or other permit shall be issued until after the end of the period allowed to appeal the hearing examiner’s decision. An appeal shall automatically stay the issuance of a building or other permit until such appeal has been heard and a decision rendered by the board of county commissioners.

(Ord. 415 (2008) § 190, 2008)