(A) Classification of conditional use permits.
(2) Non-delegated conditional use permits. Non-delegated conditional use permits are those conditional use permits for which the County Board has retained the final decision-making authority, as provided in § 151.111.
(B) Application filing. Applications for conditional use permits shall be submitted to the Planning, Building and Development Department on forms available from the Planning, Building and Development Department.
(C) Public hearing notice. Neighbor, newspaper and posted notice of the Zoning Board of Appeals’ public hearing shall be provided in accordance with the requirements of § 151.045(G).
(D) Staff review and recommendation. Planning, Building and Development Department staff shall review each conditional use permit application in light of the approval criteria of subsection (F) below and provide a report to the Zoning Board of Appeals. In addition, the Planning, Building and Development Director may request a formal site plan review prior to the Zoning Board of Appeals hearing.
COMMENTARY:  |
(E) Review and action.
(1) Delegated conditional use permits. The Zoning Board of Appeals shall hold a public hearing on a delegated conditional use permit request and approve, approve with conditions or deny the request based on the conditional use approval criteria of subsection (F) below.
(2) Non-delegated conditional use permits.
(a) Zoning Board of Appeals’ review and recommendation. The Zoning Board of Appeals shall hold a public hearing on the non-delegated conditional use permit request and recommend approval, approval with conditions, or denial of the application based on the conditional use approval criteria of subsection (F) below.
(b) Planning, Building and Zoning Committee review and recommendation. After receiving the recommendation of the Zoning Board of Appeals, the Planning, Building and Zoning Committee shall review the application and make a recommendation to the County Board based on the conditional use approval criteria of subsection (F) below.
(c) County Board review and action. After receiving the required recommendations, the County Board shall review the application and act to approve, approve with conditions, or deny the application based on the conditional use approval criteria of subsection (F).
COMMENTARY: Public hearings for commercial solar energy systems and commercial wind energy systems must be held not more than 45 days after the filing of the application for the facility. Counties must make siting and permitting decisions not more than 30 days after the conclusion of the public hearing. |
(F) Conditional use approval criteria. Conditional use permits may be approved only if all of the following criteria are met:
(1) The use in its proposed location will be consistent with the stated purpose and intent of § 151.005;
(2) The proposed use in its proposed location complies with all applicable standards of this chapter, including any applicable use standards of § 151.112; and
(3) The proposed use in its proposed location will not have a substantial adverse impact on any of the following, either as they exist at the time of application or as they may be developed in the future due to implementation of the Regional Framework Plan:
(a) Adjacent property;
(b) The character of the neighborhood;
(c) Natural resources;
(d) Infrastructure;
(e) Public sites; or
(f) Any other matters affecting the public health, safety, or general welfare.
COMMENTARY: Conditional use permit applications for commercial solar energy systems and commercial wind energy systems shall be approved if found to be in compliance with the requirements of § 151.112(XX) and (DDD). |
(G) Findings of fact; written transcripts.
(1) All decisions on conditional use permits shall be supported by findings of fact specifying the reasons for the decision.
(2) A written transcript of the hearing shall be prepared for all conditional use permits.
(H) Lapse of approval.
(1) Unless otherwise expressly stated in the conditional use permit, or by concurrent action by the Planning, Building and Zoning Committee, if an approved conditional use has not been established within two years of the date of approval or if the use that is the subject of the conditional use permit is abandoned for a period of more than one year, the conditional use permit shall lapse and be of no further effect.
(2) For purposes of this section, the term established shall mean the issuance of a permit or permits for the principal use that is the subject of the conditional use permit.
(3) For phased development, the term established shall mean the issuance of a permit or permits for the first phase of development. The timeframes referenced above or as established at the time of conditional use permit approval may be extended by the Director for up to two years.
(4) Extensions beyond two years shall may be approved by the Zoning Board of Appeals for delegated conditional use permits and the Planning. Building and Zoning Committee for non-delegated conditional use permits, if all extension requests shall be filed with the Planning, Building and Development Director prior to expiration of the conditional use permit.
(I) Amendments to approved conditional use permits. The establishment of accessory uses and structures that do not exceed 25% of the existing floor area ratio or 30% of the existing impervious surface ratio shall be authorized by the Planning, Building and Development Director, except in those cases that, in the opinion of the Planning, Building and Development Director, may have a potential significant impact on the surrounding properties. If the above percentages are exceeded, the Zoning Board of Appeals shall be authorized to allow the establishment of accessory uses and structures for delegated conditional use permits and the Planning, Building and Zoning Committee shall be authorized to allow the establishment of all other accessory uses and structures for non-delegated conditional use permits. Any other proposed change, amendment, variation, or alteration may be approved only pursuant to the standards and procedures established by this section for the approval. The Planning, Building and Development Director shall record and maintain a record of all authorized changes in approved conditional use permits.
(Ord., § 3.6, passed 10-13-2009; Ord. passed 8-14-2012; Ord. passed - -; Ord. 23-0675, passed 5-9-2023; Ord. 24-0207, passed 3-12-2024)