A. Purpose: It is recognized that there are activities which, because of the nature of the intended use and potential impact upon the enjoyment of neighboring properties, require special review. These uses, referred to as conditional uses, are identified in section 11-3-16, "Chart Of Allowed And Permitted Uses", of this title. Conditional uses shall be reviewed in accordance with the following criteria and procedures.
B. Findings For Approval: Before an application for a conditional use permit is approved, the Planning Commission must conclude that factual evidence exists to verify the following findings:
1. The proposed use, as conditioned, shall be appropriate in the particular location, taking into account the nature of the use, its relationship to surrounding uses and its impact on the natural environment.
2. The proposed use, as conditioned, shall be in compliance with the development evaluations standards in chapter 2 of this title.
3. The applicant shall present evidence to show approval of the landowner for the particular use, unless the land is owned by the applicant and, in such case, the applicant shall submit proof of ownership.
4. There are reasonable conditions that can be imposed which mitigate the reasonably anticipated detrimental effects of the proposed use.
C. Review Procedure:
1. The applicant shall submit a completed application for a conditional use permit and all information set forth herein. The Community Development Director may waive specific submittal requirements based on a finding that the information is not necessary to evaluate the project's compliance with the standards of this chapter. The Community Development Director or Planning Commission may require additional information based upon a finding that the information is necessary to evaluate the project's compliance with the standards of this chapter. The Community Development Director shall review the application and shall make findings and recommendations and shall schedule a review before the Planning Commission as soon thereafter as may be practicable.
2. The Planning Commission shall review the project and the staff report. After holding a public hearing, the Planning Commission shall take final action on the application for a conditional use permit.
D. Time Limit For Action: Unless otherwise approved by the Planning Commission, conditional use permits shall expire in one (1) year from the date of Planning Commission's written approval unless the conditional use permit activity has commenced. Once such activity has commenced, the conditional use permit shall vest and run with the land.
E. Periodic Review Process: Conditional use permits are subject to periodic reviews by the Community Development Director to assess if the conditions of approval are being satisfied. If the original conditions associated with the conditional use permit are not being satisfied, the Planning Commission may commence a review of the conditional use permit and possible revocation action.
F. Establishment Of A Conditional Use Permit: Final action on an application for a conditional use permit shall be in the form of a signed letter issued by the Community Development Director to the applicant specifically identifying each condition together with the approved Final Site Plan and any other accompanying documents determined to be relevant by the Community Development Director.
G. Amendments To Conditional Use Permits:
1. Minor Amendment: A minor amendment is defined as an amendment that does not increase the square footage, density, or intensity of a previously approved conditional use permit. A minor amendment may be approved by the Community Development Director. No public hearing is required.
2. Major Amendment: A major amendment is defined as an amendment that increases square footage, density, and/or intensity of a previously approved conditional use permit. A major amendment may be commenced by filing an application for a conditional use permit and paying the fee for the review thereof. The application shall follow the review process set forth in subsection C of this section.
H. Adult/Sex-Oriented Facilities: See appendix C of this title for adult/sex-oriented facilities and businesses requirements.
I. Additional Criteria For Oil Wells, Gas Wells And Steam Wells: An application for a conditional use permit shall be reviewed and approved for oil, gas, and steam wells according to the following additional criteria:
1. Access to the drill site shall utilize existing private and public roads as much as possible.
2. Any required grading and associated cut and fill areas shall be re-vegetated and contoured to maintain existing drainage patterns.
3. Erosion control best management practices in accordance with County engineering regulations shall be applied to all disturbed areas, including private and public roads, staging areas and drill site.
4. The drilling and production operation shall be conducted in such a manner as to minimize, so far as practicable, dust, noise, vibration, and odors.
5. All waste shall be disposed of in such a manner as to comply with the air and water quality regulations of the State and County.
6. Firefighting apparatus and supplies, as approved by the County Wildland Fire Marshal, shall be maintained on the drilling site at all times during drilling and production operations.
7. Upon completion or abandonment of the well, all disturbed areas, including the drill site and staging areas shall be reclaimed by re-contouring the area to blend with the natural terrain, replacing top-soil and re-vegetating. A weed mitigation plan shall be implemented as part of the re-vegetation plan for all disturbed areas.
8. Drill sites and/or staging areas located on sensitive lands such as steep slopes and ridgelines or within one (1) mile of a residential area (including recreational cabins) or public buildings shall be subject to additional review criteria such as hours of operation, screening and buffering, fencing, traffic, and lighting.
J. Additional Criteria For Wind Power Generation Facilities: An application for a conditional use permit shall be reviewed and may be approved for wind power generation facilities according to the following additional criteria:
1. Access to the site shall utilize existing private and public roads as much as possible.
2. Any required grading and associated cut and fill areas shall be re-vegetated and contoured to blend into the natural terrain and maintain existing drainage patterns. A weed mitigation plan shall be implemented as part of the re-vegetation plan for all disturbed areas.
3. Erosion control Best Management Practices in accordance with County engineering regulations shall be applied to all disturbed areas, including private and public roads, staging areas and facility site.
4. Transmission lines shall be located along existing roadways where possible or in other locations that avoid vegetation disturbance and visual scaring of prominent hillsides.
5. Facility sites located on sensitive lands such as steep slopes, ridgelines, view corridors or within one mile of a residential area (including recreational cabins) or public buildings shall be subject to additional review criteria such as screening, height, colors, and security fencing. (Ord. 868, 6-14-2017)