Chapter 18.114 — CERTIFICATE OF CONDITIONAL USE

A certificate of conditional use may be issued as a means of permitting and regulating the establishment and/or operation of specified uses in specified zoning districts. It shall be applied to qualifying uses which can be effectively registered and regulated through the ministerial application of established standards and conditions and without the necessity of a public hearing. Certification and regulation of such uses shall be the function of the planning department and shall be conducted according to the procedures established herein. (Ord. 467 § 67, 1984)

Application for a certificate of conditional use or for the amendment of an approved certificate of conditional use shall be made in writing on a form prescribed by the planning department. Supplemental information including but not limited to vicinity map, plot plans, design plans and affidavits may be required as part of the application. An application to amend an approved certificate of conditional use shall be processed in the same manner and shall be subject to the same fees as an application for a new certificate.

(Ord. 467 § 67, 1984; Ord. 467-AC § 31, 2003)

For any use subject to certification there shall be applied to it a set of standards and conditions of use. The planning director may exercise discretion in attaching special conditions determined to be warranted in individual circumstances, provided that a use shall not vary from the criteria and standards which must be met to qualify it for certification. (Ord. 467 § 67, 1984)

The planning department, upon determination that an application is complete and that the proposed use is eligible for a certificate of conditional use, shall, within fourteen days after acceptance of the application for review, prepare and issue a certificate which shall describe the proposed use and its location and which shall specify all standards and conditions of the establishment and/or operation of the use.

(Ord. 467 § 67, 1984)

• (a) Any person not satisfied with any provision of a certificate of conditional use may appeal in writing to the planning commission. Said planning commission shall hold a public meeting on said appeal and shall render its decision within thirty days after the filing thereof.

• (b) Any person not satisfied with the action of the planning commission may within ten days appeal in writing to the board of supervisors. Said board shall render its decision within sixty days after the date of filing such appeal.

• (c) The planning commission, or the board of supervisors, upon consideration of the unique circumstances of a use for which a certificate of conditional use is being sought, may determine that the application is inconsistent with the intent of the certificate process and that the use is ineligible for certification. The use shall then be subject to the approval of a use permit and all provisions of Chapter 18.112 shall be applied; provided, that fees paid in application for the certificate of conditional use may be applied to the use permit application.

• (Ord. 467 § 67, 1984)

• (a) In any case where the standards and/or conditions of issuing a certificate of conditional use have not or are not complied with, the planning commission shall give notice of the intention to revoke such use to the owner and/or operator who received the certificate at least ten days prior to said hearing thereon. At the conclusion of the hearing the planning commission may revoke such certificate. Such revocation shall be subject to the right of appeal as set forth in Section 18.114.050 of this chapter.

• (b) In any case, where a certificate of conditional use has not been used within one year after the date of issuance thereof, then, without further action by the planning commission or board of supervisors, the certificate issued shall be null and void.

• (Ord. 467 § 67, 1984)