Chapter 18.80
CONDITIONAL USES

Sections:

18.80.010    General.

18.80.020    Imposition of conditions.

18.80.030    Application for a conditional use.

18.80.040    Hearing and administrative procedures.

18.80.050    Contents of conditional use permit.

18.80.060    Wind turbine standards.

18.80.070    Administrative approval.

18.80.010 General.

Certain uses, because of their unusual size, infrequent occurrence, special requirements, possible safety hazards or detrimental effects on surrounding properties and other similar reasons, are classified as conditional uses. These uses may be allowed in certain zones by a conditional use permit granted by the hearings examiner or planning director or other approval body as may be designated in this title. [Ord. 2010-03 § 1; Ord. 2009-04 § 2 (Exh. B); Ord. 95-01 § 33; Ord. 90-02 § 33.]

18.80.020 Imposition of conditions.

When considering an application for a conditional use permit, the designated approval body shall consider the applicable standards, provisions and policies established by this title as they pertain to the proposed use and may impose specific conditions precedent to establishing the use. The conditions may:

A. Increase requirements in the standards, provisions or policies established by this title;

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

C. Require structural features or equipment essential to serve the same purpose set forth in CCC 18.05.020;

D. Impose conditions similar to those set forth in subsections (A) and (B) of this section as deemed necessary to establish parity with uses permitted in the same zone in their freedom from nuisance-generating features in matters of noise, odors, air pollution, wastes, vibration, traffic, physical hazards and similar matters;

E. The approval body shall 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; and

F. Assure that compatibility shall be maintained with respect to the particular use on a particular site and in consideration of other existing and potential uses within the general area in which the use is proposed to be located. [Ord. 2010-03 § 1; Ord. 2009-04 § 2 (Exh. B); Ord. 95-01 § 33; Ord. 90-02 § 33.]

18.80.030 Application for a conditional use.

A property owner or authorized agent may initiate a request for a conditional use or the modification of an existing conditional use permit by filing an application with the county planning director using forms prescribed for the purpose. The application shall be accompanied by a site plan, as established in Chapter 18.130 CCC. The approval body may require other drawings or information necessary for the understanding of the proposed use and its relationship to surrounding properties. The applicant shall pay a fee as established by the county commissioners at the time of the application. [Ord. 2010-03 § 1; Ord. 2009-04 § 2 (Exh. B); Ord. 95-01 § 33; Ord. 90-02 § 33.]

18.80.040 Hearing and administrative procedures.

Hearing and administrative procedures of the approval body shall be as established in CCC 18.05.090. [Ord. 2010-03 § 1; Ord. 2009-04 § 2 (Exh. B); Ord. 95-01 § 33; Ord. 90-02 § 33.]

18.80.050 Contents of conditional use permit.

Each conditional use permit issued by the approval body shall specify the location, nature and extent of the conditional use, together with all conditions that are imposed and any other information deemed necessary for the issuance of a permit. [Ord. 2010-03 § 1; Ord. 2009-04 § 2 (Exh. B); Ord. 95-01 § 33; Ord. 90-02 § 33.]

18.80.060 Wind turbine standards.

In addition to any special conditions of approval applied to a wind turbine project use permit the following standards shall apply:

A. Wind tower projects shall meet standard development requirements adopted by policy by the board of county commissioners as required by the project use permit.

B. No individual tower shall be located closer than one-quarter mile to the project boundary encompassing the entire project area (defined as including any property purchased or for which a lease has been entered into for the purpose of placement of wind turbine towers or which has been purchased or for which a lease has been entered for the purpose of the expansion of the project area) and/or any approved independent phase thereof.

C. No individual tower shall be located closer than one and one-half times the height of the tower, measured from the natural surrounding grade to the highest extent of any blade, to any paved county road and any state highway.

D. No tower shall be located closer than one and one-half miles to any urban growth area boundary existing at the time of issuance of the project use permit. [Ord. 2008-04 § 1; Ord. 95-01 § 33.]

18.80.070 Administrative approval.

A. Use permit applications for projects that the planning director finds to be minor in scale or with limited potential impacts, localized in nature, such as abandoned and existing home sites, three-acre rock quarries, commercial communication towers, temporary portable sawmill operations, short-term rentals, veterinary clinics, minor amendments to existing CUPs and similar uses that the planning director may determine that the decision on an application for a use permit will be made through an administrative process.

B. Notice of administrative approvals requesting comment shall be given as required by CCC 18.05.070. Input shall be requested directly from all applicable county departments, utility purveyors and public agencies. [Ord. 2019-02; Ord. 2010-03 § 1; Ord. 95-01 § 33.]