A. Special Use Permit within Level One Protected Areas of Peaks or Ridges.
1. The board of supervisors may grant a special use permit for development within the protected area of a level one protected peak or ridge when such development can be proven by the developer to serve a need that outweighs the need for the restrictions of Section 18.61.041(A).
2. No permit shall be issued that:
a. Is contrary to the purpose and intent of this chapter;
b. Allows a use not allowed on a property by other chapters of this code; or
c. Allows a use that substantially injures the use of adjacent property conforming to the restrictions of this chapter.
3. Grounds for issuing a special use permit shall not include:
a. That the issuance of the permit would allow a more profitable use; or
b. Any condition resulting from a division of land parcels made after July 1, 1976.
4. The supervisors may place conditions on the permit to carry out the purpose and intent of this chapter.
5. The permit shall be void if not used to obtain building permits within two years of its issuance. The permit shall run with the land, but only after the construction of any authorized structures.
B. Addition Permit within Level One Protected Areas of Peaks and Ridges.
1. An addition permit may be granted so long as the main use is permitted and is a legal nonconforming use within a level one protected area.
2. An addition permit applies to an addition to the property such as additions to the main use, accessory structures and uses, including guest houses, swimming pools, walls and similar structures within level one protected areas of protected peaks or ridges in accordance with the provisions of this subsection if the main structure or use is a permitted dwelling. The granting of an addition permit shall not waive or modify any applicable building or fire codes.
3. Standards. The director of the development services department or an assigned designee may grant an addition permit only after a finding is made that the visual impact can be minimized by applying all the following standards and only conditioned upon all the standards being addressed:
a. The height of the property addition shall not exceed the highest point in elevation of the main dwelling;
b. The addition shall be located in such a manner that views of the prominent land forms, unusual stands of vegetation, and public preserves are not obstructed. If the addition cannot be reasonably and practicably located as required by this section, the addition shall result in the least reasonably possible obstruction of such viewshed;
c. Drainage from the property addition shall not adversely affect adjoining properties and public rights-of-way;
d. The property addition shall not significantly interfere with the air temperature/solar radiation orientation of buildings on adjoining properties;
e. The location of the property addition shall not impose objectionable noise levels or odors on adjoining properties;
f. No additional utility poles shall be erected. All utilities shall be underground.
4. Notice to owners of affected properties.
a. Mailed notice including a sketch plan shall be sent to property owners within one thousand feet of the subject property;
b. The director of the development services department or an assigned designee may waive the giving of notice, if the applicant submits written consent of the addition permit by all property owners of affected property as defined in Section 18.61.042(C)(4)(a) above.
5. Decision by the director of development services or an assigned designee.
a. The director of the development services department or an assigned designee shall review all the submitted information and provide a written response to the applicant;
b. The response shall state the reasons for the decision if the request is denied;
c. If the director of the development services department or an assigned designee approves the permit, it may be issued for the property addition.
6. Appeals or referrals to the board of adjustment.
a. The applicant may appeal the decision of the director of the development services department or an assigned designee to the applicable board of adjustment in accordance with Section 18.93.030 to be treated as a variance request.
b. If a protest to a proposed addition within the protected area of a peak or ridge is submitted in writing within fifteen days of the date of the mailing of notice by an owner of affected property, as specified above, the director of the development services department or an assigned designee shall refer the application to the board of adjustment to be heard in accordance with Section 18.93.030. Protests shall be based solely upon characteristics of the proposed property addition.
7. The director of the development services department or an assigned designee may refer any application to the board of adjustment to be heard in accordance with Section 18.93.030.
8. A separate fee is required for appeals filed with the board of adjustment in accordance with the standard fee for variance applications (as specified in the Planning and Development Services Fee Schedule).
(Ord. 2003-17 § 1 (part), 2003)