A. Minutes Of Proceedings: The administrator or staff shall prepare minutes of the proceedings for each hearing, including the action taken by the commission, and forward copies to the members of the commission, the clerk of the board, and the applicant within ten (10) days after the meeting.
B. Issuance Of Permit; Form: Upon recommendation of the commission, the administrator or staff shall issue a conditional use permit on forms prescribed by the commission.
1. The approval shall be for a period of one year from the date of the hearing, after which time, the approval will expire and be null and void unless the applicant has substantially complied with the provisions thereof or has applied for an extension of time, or the commission has approved a phasing plan for a longer period. Longer approvals may be given for community service uses, so long as they phase improvements, such as landscaping. This will allow better long range planning for utility companies and adjacent property owners.
2. The commission may approve extensions for increments of one year or specified time period with definite benchmarks upon proper application prior to the expiration of the previous approval. Expiration of the previous approval will be the date specified on the conditional use permit.
3. Applications for extensions shall be reevaluated by the commission and the fee for a new application charged as set by the board of commissioners. The application shall summarize the original plan; describe the significant progress made in accordance with the approved application; explain what has yet to be completed; and specify an updated completion date. Financial guarantees will be reevaluated and extended to meet the updated completion date. The application shall contain an updated list of adjoining property owners and be noticed in the same manner as a new application. With the extension, impacts can be reevaluated and mitigated with the addition of new conditions of approval. A progress report schedule shall be set, with milestones identified. The commission may choose not to approve an extension based upon their reevaluation of the proposed use and lack of activity to complete the project. The extension request is a public hearing. Extensions will not be approved unless all fees are paid and/or reimbursed to the county.
4. Conditional use permits will not be issued until ten (10) days after the hearing and, in the event an appeal to the board is filed within the ten (10) days' limitation, the permit will not be issued until after a decision by the board.
5. When the commission's decision is subject to board approval, as for planned unit developments, the conditional use permit will not be issued until after the board's decision.
6. The permit shall accurately describe the approved use and any conditions placed on the approval by the commission, including the time for completion of the work. Occupancy of any part or portion of the approved use shall not be allowed until all the improvements required to meet the conditions of approval and related laws and regulations have been satisfactorily completed. Occupancy may be allowed for a completed portion of the project upon the posting of a surety for completing the improvements required in the conditions of approval. The procedure and form of surety shall be in accordance with section 10-5-3 of this code.
7. Record the conditional use permit when issued.
C. Appeals: Appeals may be filed, in writing, by any interested party with the administrator. An appeal of a commission decision on a conditional use permit will clearly state the decision being appealed, the nature of the appeal, and how the decision of the commission was not consistent with the preponderance of the evidence presented. Appeals shall also comply with and be heard in accordance with section 9-5H-12 of this article.
D. Resubmittal: If an applicant fails to appeal a denial within ten (10) days of the date of the hearing, then a resubmittal may not be made for a period of one year from the hearing date unless substantial modifications are made so that the administrator or staff may consider the resubmittal of a new application. (Ord. 10-06, 8-23-2010)