§ 17.34.030. Conditional use permits.

A.

Purpose. The conditional use permit procedure provides for board of adjustment review and approval of uses within zoning districts which have unusual site development or operating characteristics that could adversely affect surrounding properties.

B.

Administration. The board of adjustment shall review, evaluate, and act upon all applications submitted pursuant to this procedure. The board of adjustment, following proper notice, shall hold a public hearing, on each conditional use permit application and, following such public hearing, shall act on the application. Before approval of any conditional use permit, the board shall review the conformity of the proposal with the criteria set forth in Table 17.34A. The board may approve or disapprove the conditional permit as submitted or, before approval, may require that the applicant modify, alter, adjust, or amend the proposal as the board deems necessary to the end that it preserve the intent and purpose of this title to promote public health, safety and the general welfare.

C.

Application Requirements. An application for a conditional use permit may be filed with the zoning administrator by the owners(s) of a property or the owners' authorized agent. Applications for a conditional use permit under the terms of this section shall be accompanied by evidence concerning the feasibility of the proposed request and its effect on surrounding property and shall include a detailed site plan containing all requirements for site plan review set forth under Section 17.34.020(e) and (f).

D.

Criteria for Review. The board shall review and act upon the request based on the criteria established in Table 17.34A and conformance with applicable regulations in this title.

E.

Scope of Approval.

1.

The board of adjustment may, at its discretion, apply a conditional use permit to a specific owner or applicant. The board may establish special site development or operational regulations as a condition of approval of a conditional use permit.

2.

The board of adjustment shall not grant a conditional use permit for any home occupation/home-based business, which is otherwise prohibited under Section 17.22.110 of this title.

F.

Change in Approved Special Permits. In the event a conditional permit is granted under the terms of this section, any change thereafter in the approved use or site plan shall be resubmitted and considered in the same manner as the original proposal.

G.

Lapse and Revocation of Permit.

1.

A conditional use permit shall become void two years after its effective date if the applicant has not carried out development or occupancy during that period, or sooner if so conditioned by the board of adjustment.

2.

The board of adjustment may revoke a conditional use permit should the operation of the use subject to such permit violate the conditions under which the permit was granted.

H.

Previously Approved Permits. Any conditional use approved under regulations in effect before the effective date of the ordinance codified in this section shall be considered to have a valid conditional use permit, subject to requirements imposed at the time of its approval.

I.

Appeals. Actions taken by the board of adjustment subject to this section may be appealed as provided for in Section 17.34.100.

(Ord. 1125 §§2,3, 2002: Ord. 1086 §17.1203, 2000)