§ 16.20.040  CONDITIONAL USE.
   A.   Purpose. This Ordinance divides the County into zoning districts, where, within each district, the use of land and structures are substantially uniform. It is recognized, however, that there are certain uses that, because of their unique characteristics, require individual consideration of the appropriateness of that use at a particular location.
   B.   Initiation. A property owner or other person expressly authorized by the owner in writing may file an application to use such land for one (1) or more of the conditional uses provided for in this Ordinance within the zoning district in which the land is situated or to amend an existing conditional use permit.
   C.   Authority. The County Board, after receiving a recommendation from the Zoning Board of Appeals, will take formal action on conditional use permit applications.
   D.   Procedure. Applications for a conditional use permits are filed with the Department of Planning and Development. All applications for a conditional use permits shall be filed in accordance with the requirements in § 16.16.020 (Application). Once it is determined that the application is complete, the Department of Planning and Development will schedule the application for consideration by the Zoning Board of Appeals.
      1.   Action by the Staff Plat Review Committee. All conditional use permits require a site plan. The site plan shall be submitted, reviewed, and approved by the Staff Plat Review Committee in accordance with this § 16.20.040 (Conditional Use) prior to final action by the Zoning Board of Appeals.
      2.   Action by the Zoning Board of Appeals.
         a.   The Zoning Board of Appeals will conduct a public hearing on a proposed conditional use in accordance with § 16.16.040 (Public Hearing) within one hundred eighty (180) calendar days after receipt of a complete application. Notice for the public hearing shall be in accordance with § 16.16.030 (Notice).
         b.   The Zoning Board of Appeals will evaluate the application, based upon the evidence presented at the public hearing, pursuant to the applicable standards in subsection E. below (Approval Standards for Conditional Use Permits).
         c.   The Zoning Board of Appeals will recommend approval or denial of the application. The Zoning Board of Appeals may recommend conditions and restrictions upon the establishment, location, construction, maintenance, and operation of the conditional use as deemed necessary for the protection of the public interest.
         d.   Following the recommendation of the Zoning Board of Appeals, the Department of Planning and Development shall prepare an ordinance incorporating the findings and recommendations of Zoning Board of Appeals.
         e.   The Department of Planning and Development shall submit the ordinance and Zoning Board of Appeals recommendation to the County Board for the next available meeting in accordance with the County Board rules. The applicant shall pay all outstanding fees prior to the recommendation’s submittal to the County Board. 
      3.   Action by the County Board.
         a.   The County Board shall take action within one hundred eighty (180) calendar days of the close of the public hearing, unless an extension of time has been authorized by the County Board prior to the expiration of the one hundred eighty (180) calendar day timeframe. The County Board may take action in the form of approval or denial. If the County Board does not act with the one hundred eighty (180) calendar day timeframe, plus any authorized extension of time, the application is deemed denied.
         b.   In granting any conditional use permit, the County Board may impose conditions and restrictions upon the establishment, location, construction, maintenance, and operation of the conditional use as deemed necessary for the protection of the public interest.  The County Board may require such documentation and guarantees, as it deems necessary, to ensure compliance with stipulated conditions.
         c.   A simple majority vote of the members of the County Board present at a meeting is required to pass a conditional use permit.
   E.   Approval Standards for Conditional Use Permits. No conditional use permit may be granted unless the Zoning Board of Appeals and County Board makes specific written findings that the request meets each of the standards imposed by this section. These standards are as follows:
      1.   That the petitioner has demonstrated the ability to meet any applicable standards contained in Chapters 16.56 (Use Standards) and 16.60 (Site Development Standards).
      2.   That the site shall be so situated that the proposed use is compatible with the existing or planned future development of the area.
      3.   That the establishment, maintenance, or operation of the conditional use shall not be detrimental to or endanger the public health, safety, morals, comfort or general welfare of the neighboring vicinity.
      4.   That the conditional use shall not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted.
      5.   That the conditional use shall not substantially diminish and impair property value within the neighborhood.
      6.   That adequate utilities, access roads, drainage, and other necessary facilities have been or are being provided.
      7.   That adequate measures have been or will be taken to provide ingress and egress so designed as to minimize traffic congestion and hazard on public streets.
      8.   That the conditional use shall, in all other respects, conform to the applicable regulations of the zoning district in which it is located.
      9.   That the conditional use is reasonably in the interest of the public welfare.
      10.   That adequate measures will be taken to provide protection to groundwater recharge and groundwater quality.
   F.   No Presumption of Approval. The listing of a use as a conditional use within a zoning district in Table 16.32-1: Zoning District Uses does not constitute an assurance or presumption that such conditional use will be approved. Rather, each proposed conditional use shall be evaluated on an individual basis, in relation to all applicable standards of this Ordinance. Such evaluation will determine whether approval of the conditional use is appropriate at the particular location and in the particular manner proposed.
   G.   Establishment of Conditional Use. No conditional use may be initiated or continued on any property until all conditions and all County permit requirements for the permitted conditional use and structures required for the conditional use are met.
   H.   Expiration of Approved Conditional Use Permits. Conditional use permits are valid for a period of ten (10) years, unless otherwise limited or permitted as part of the County Board approval. Any application for renewal of a conditional use permit must be filed before the expiration of such timeframe. In addition, subject to verification by the Zoning Enforcement Officer, a conditional use permit will expire under the following conditions. To re-establish the conditional use permit, a new application is required.
      1.   For conditional uses approved to occur within a structure yet to be constructed, the conditional use permit approval expires within two (2) years following the date of conditional use permit approval if a building permit has not been issued and construction has not commenced.
      2.   For conditional uses approved to occur within an existing structure that shall be modified to meet the applicable building code standard for the approved use, the conditional use permit approval expires within two (2) years following the date of conditional use permit approval if a building permit has not been issued and construction has not commenced.
      3.   For conditional uses approved to occur within existing structures which require no building modifications or for a parcel of land where no structure is planned, if the use is not established within one (1) year following the date of conditional use permit approval, the conditional use permit expires.
      4.   If a conditional use is discontinued for a continuous period of one (1) year, the conditional use permit will expire. When the conditional use granted is seasonal in nature and a disruption is due to the growing season or an act of God, such period is exempt from the calculation of discontinuation. In the case of an act of God, the property owner shall submit a written statement to the Zoning Enforcement Officer documenting the cause of the disruption. 
   I.   Revocation of Conditional Use Permits.
      1.   A conditional use permit may be revoked by the County Board after a public hearing by the Zoning Board of Appeals and a finding that any of the provisions of this Ordinance or any of the terms and conditions of the conditional use permit approval have been violated.
         a.   The Zoning Enforcement Officer shall send written notice to property owner and/or operator to whom the conditional use permit approval was issued describing the reasons for revocation.
         b.   The Zoning Board of Appeals  shall hold a public hearing on the  revocation of the conditional use permit within sixty (60) calendar days  after providing notice to the property owner and to a newspaper of general circulation  in accordance with § 16.16.030B. (Published Notice).
         c.   The County Board shall take action within one hundred eighty (180) calendar days of the close of the public hearing, unless an extension of time has been authorized by the County Board prior to the expiration of the one hundred eighty (180) calendar day timeframe. The County Board may take action to approve or deny the revocation. If the County Board does not act with the one hundred eighty (180) calendar day timeframe, including any extension of time, the revocation is deemed denied.
      2.   A property owner granted conditional use permit approval may request in writing for the voluntary revocation of conditional use permit approval to the Zoning Enforcement Officer. Once the request is accepted and any applicable fees are paid, all conditional use activities shall cease and all conditional use structures shall be removed. If re-establishment is desired, a new application is required.
   J.   Limitations on Denials. No application for a conditional use permit, which has been denied by the County Board, may be resubmitted to the Zoning Board of Appeals for a period of one (1) year from that date of denial, as described in § 16.16.020G. (Successive Applications).
(Ord. O-201410-10-035, passed 10-14-2014; Ord. O-201601-ZBA-006, passed 1-19-2016; Ord. O-201603-ZBA-010, passed 3-17-2016, § 5.4; Ord. O-201803-ZBA-10-08, passed 3-19-2018; Ord. O-201808-10-033, passed 8-21-2018)