Chapter 17.421


17.421.010    Purpose and applicability.

17.421.020    Hearing examiner conditional use permit procedure.

17.421.025    Third party review.

17.421.030    Decision criteria – Conditional use permit.

17.421.040    Revision of hearing examiner conditional use permits.

17.421.050    Vacation of hearing examiner conditional use permit.

17.421.060    Revocation of permit.

17.421.070    Transfer of ownership.

17.421.080    Land use permit binder required.

17.421.090    Effect.

17.421.010 Purpose and applicability.

The purpose of this chapter is to set forth the procedure and decision criteria for conditional use permits applications. A conditional use permit is the mechanism by which the county may gather input through an open record hearing and place special conditions on the use or development of land. The provisions of this chapter apply to hearing examiner conditional use permit applications.

(Ord. 367 (2006) § 111 (part), 2006)

17.421.020 Hearing examiner conditional use permit procedure.

A.    The hearing examiner may approve, approve with conditions, or deny a hearing examiner conditional use permit through a Type III process as set forth in Title 21 of this code.

B.    Applications for a hearing examiner 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 hearing examiner conditional use permit shall be processed as set forth in Section 21.04.035.

(Ord. 367 (2006) § 111 (part), 2006)

17.421.025 Third party review.

The director may require a third party review from a technical expert to provide information necessary to prepare a staff recommendation to the hearing examiner. The expert will be chosen from a list of pre-qualified 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) § 191, 2008)

17.421.030 Decision criteria – Conditional use permit.

A.    The hearing examiner may approve, approve with conditions, or deny a hearing examiner 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 of this title;

3.    The proposal will not be 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.    As a condition of approval, the hearing examiner may:

1.    Increase requirements in the standards, criteria, or policies established by this title;

2.    Stipulate the exact location as a means of minimizing hazards to life, limb, property damage, erosion, landslides, or traffic;

3.    Require structural features or equipment essential to serve the same purpose set forth in Chapter 17.382;

4.    Include requirements to improve compatibility with other uses permitted in the same zone protecting them from nuisance generating features in matters of noise, odors, air pollution, wastes, vibration, traffic, physical hazards, and similar matters. The hearing examiner may not, in connection with action on a conditional use permit, reduce the requirements specified by this title as pertaining to any use nor otherwise reduce the requirements of this title in matters for which a variance is the remedy provided;

5.    Assure that the degree of compatibility with the purpose of this title shall be maintained with respect to the particular use on the particular site and in consideration of other existing and potential uses, within the general area in which the use is proposed to be located;

6.    Recognize and compensate for variations and degree of technological processes and equipment as related to the factors of noise, smoke, dust, fumes, vibration, odors, and hazard or public need;

7.    Require the posting of construction and maintenance bonds or other security sufficient to secure to the county the estimated cost of construction and/or installation and maintenance of required improvements; and

8.    Impose any requirement that will protect the public health, safety, and welfare.

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

(Ord. 415 (2008) § 192, 2008: Ord. 367 (2006) § 111 (part), 2006)

17.421.040 Revision of hearing examiner conditional use permits.

A.    Revision of a hearing examiner conditional use permit or conditions of permit approval is permitted as follows:

1.    Minor Revisions. Minor revisions may be permitted by the department. 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

2.    Major revisions, including any requested change in permit conditions, shall be processed as a Type III 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 prior approval, including dimensional or gross floor area increases of less 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 substantially increased, including increased trip generation of ten percent or more, or the site plan design is substantially altered, including dimensional or gross floor area increases of ten percent or more.

(Ord. 367 (2006) § 111 (part), 2006)

17.421.050 Vacation of hearing examiner conditional use permit.

A.    Any conditional use permit issued pursuant to this chapter may be vacated by the current landowner upon county approval; provided, that:

1.    The use authorized by the permit does not exist and is not actively being pursued; or

2.    The use has been terminated and no violation of the terms and the conditions of the permit exists.

B.    Landowner request for vacation of a conditional use permit shall be conducted as set forth in Title 21 of this code.

(Ord. 415 (2008) § 193, 2008: Ord. 367 (2006) § 111 (part), 2006)

17.421.060 Revocation of permit.

Any revocation proceeding shall be conducted in accordance with Chapter 17.525.

(Ord. 415 (2008) § 194, 2008: Ord. 367 (2006) § 111 (part), 2006)

17.421.070 Transfer of ownership.

A 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) § 111 (part), 2006)

17.421.080 Land use permit binder required.

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

(Ord. 367 (2006) § 111 (part), 2006)

17.421.090 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) § 195, 2008)