CHAPTER 12: CONDITIONAL USES
Section 1: General:
A. Conditional uses as set forth in each zone district are uses that, by their nature, are more intensive than permitted uses. Conditional uses may have adverse affects on surrounding properties and are therefore subject to additional restrictions or requirements more stringent than those applying generally within the zone district.
B. Once a conditional use permit is approved, the terms and limitations of the permit shall become the controlling plan for the use of the property and shall not be changed or amended except by application for a new conditional use permit. Any development or use in violation of the terms and conditions of the conditional use permit shall be deemed a violation of this ordinance.
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Section 2: Duration of Permit
A. Conditional use permits shall be deemed to run with the land to which they are attached, and the terms of such permits shall not be modified, abrogated or abridged by change in the ownership of said land.
B. Should the use for which the conditional use permit was issued not be established within twenty four (24) months of the approval date of the permit, the conditional use permit shall be deemed to lapse.
C. The zoning administrator may, upon request by the applicant, issue an extension not to exceed twelve (12) months should hardship or unforeseen circumstance preclude establishment of the conditional use per Section 2B above.
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Section 3: Pre-Application Review:
A. Prior to submission of an application for a conditional use permit, the applicant may request a pre-application review to determine whether the proposed conditional use meets the requirements of this ordinance and the Comprehensive Plan, and if not, what measures may be available to bring about compliance. A request for review shall include all information required by Section 4 of this chapter.
B. Upon receipt of a request for review, the zoning administrator shall consider the facts of the application and provide the applicant a written report of findings based solely on the provisions of this ordinance and the Boundary County Comprehensive Plan. Should the applicant decide to submit an application for a conditional use permit, these findings shall be included in the application documentation.
C. Findings of a pre-application review will not constitute a formal decision and will not waive any procedures set forth by this chapter for completion of the application. There shall be no fee for a pre-application review.
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Section 4: Application Procedure:
A. Applications for conditional use permits shall be made on forms supplied by the zoning administrator. These applications shall include:
1. The name, address and telephone number of the applicant and the location and parcel number of the property on which the conditional use is proposed.
2. A written description of the proposed use, including the type of activity, hours of operation, estimated number of vehicle trips per day expected to result from the use, whether the use will be temporary, seasonal or permanent, the size and nature of structures to be built, and actions planned to reduce the effects of the activity on surrounding properties.
3. A site plan showing the property boundaries, general topography, building and accessory structure layout, access, parking, landscaping and other such details necessary to clearly depict the nature of the proposed use.
4. An application fee as set forth at Chapter 17.
B. Upon receipt of a completed application for a conditional use permit, the zoning administrator shall schedule a public hearing on the next available planning and zoning commission agenda, allowing for public notification established at Chapter 16.
C. The planning and zoning commission shall hold public hearing on conditional use permit applications in accordance with the provisions of Chapter 16. In reaching a decision, the commission will consider the following:
1. That the site plan and other documentation included with the application provide sufficient detail to provide a clear description of the nature of the conditional use.
2. Written and oral statements and testimony submitted by interested persons affected by the conditional use.
3. That there is sufficient land area to accommodate the proposed conditional use and that any structures are so arranged as to minimize adverse effects on surrounding properties.
4. That the proposed conditional use will not have substantial adverse effect on adjacent properties.
5. That adequate public services, including water, sewage disposal, roads, fire protection, etc., exist or will be built to accommodate the proposed use.
D. Upon conclusion of the public hearing, the commission may:
1. Approve the conditional use permit.
2. Table the application pending receipt of additional information or amendment of the application.
3. Disapprove the application for cause and recommend what actions, if any, may be taken to gain approval.
4. Determine that, due to the scope or potential impact of the proposal, the final decision should rest with the board of county commissioners. Should the commission elect to forward the application to the board, the commission may recommend:
a. Approval of the application.
b. Specific provisions to be required prior to approval.
E. Should the commission exercise option D4 above, the zoning administrator shall place the conditional use permit on the next available agenda of the board of county commissioners. The board shall consider the facts of the application, the hearing record, the standards set forth by this ordinance and the Boundary County Comprehensive Plan, and the recommendation of the planning and zoning commission. The board may:
1. Approve the conditional use.
2. Require specific changes prior to approval.
3. Disapprove the application, specifying actions, if any, the applicant could take to obtain approval.
F. The final decision on any conditional use permit application shall be made in writing, setting forth the reason for the decision and the ordinance sections referred to. If the decision is made to approve the application, a conditional use permit shall be issued, specifying terms and conditions.
(ADDED SEPTEMBER 2003)
G. Upon approval of a conditional use permit, the specifications in the application and the limits specified on the permit shall be the controlling documents for that use, and any expansion or alteration shall require additional permitting processes.
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