40.520.030    Conditional Use Permits

A.    Purpose.

    In certain districts, conditional uses may be permitted, subject to the granting of a conditional use permit. Because of their unusual characteristics, or the special characteristics of the area in which they are to be located, conditional uses require special consideration so that they may be properly located with respect to the objectives of this title and their effect on surrounding properties.

B.    Hearing Examiner Authority.

    The hearing examiner shall have the authority to approve, approve with conditions, disapprove, or revoke conditional use permits subject to the Type III process in Section 40.510.030. Changes in use, expansion or contraction of site area, or alteration of structures or uses classified as conditional and existing prior to the effective date of the ordinance codified in this title, shall conform to all regulations pertaining to conditional uses.

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

1.    A pre-application conference is required for all conditional use permit applications. See Section 40.510.030(A) regarding pre-application review.

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.    Application Submittal Requirements for a Conditional Use Permit.

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

E.    Action by the Hearing Examiner.

1.    In permitting a conditional use the hearing examiner may impose, in addition to regulations and standards expressly specified in this title, other conditions found necessary to protect the best interests of the surrounding property 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 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; and

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

2.    In order to grant any conditional use, the hearing examiner must find that the establishment, maintenance or operation of the use applied for will not, under the circumstances of the particular case, be significantly detrimental to the health, safety or general welfare of persons residing or working in the neighborhood of such proposed use or be detrimental or injurious to the property and improvements in the neighborhood or to the general welfare of the county.

F.    Revocation.

    The hearing examiner, upon receiving a recommendation from the responsible official, may revoke any conditional use permit for noncompliance with conditions set forth in the granting of said permit through a Type III process pursuant to Section 40.510.030. The foregoing shall not be the exclusive remedy, and it shall be unlawful and punishable herein for any person to violate any condition imposed by a conditional use permit.

G.    Minor Expansions.

1.    Except as provided in Section 40.520.030(G)(2), an existing permitted or lawfully nonconforming conditional use may be expanded or modified following site plan approval pursuant to Section 40.520.040 if the expansion or modification will result in less than a twenty-five percent (25%) cumulative enlargement or relocation of the structure, floor area, or parking area, complies with other applicable regulations, and is not expressly prohibited by either:

a.    An applicable prior land use decision if the original use is lawfully nonconforming because it was commenced prior to a conditional use permit being required; or

b.    The conditional use permit issued for such use.

2.    School Modulars or Portables. Installation of modular or portable buildings on school sites are not subject to the twenty five percent (25%) cumulative enlargement limit.