§ 22.48

This Chapter provides procedures for Conditional Use Permits, where required by Article II (Zoning Districts and Allowable Land Uses) and Article V (Coastal Zones - Development and Resource Management Standards), which are intended to allow for an activity or use that is unique or whose effects on the surrounding environment cannot be determined prior to being proposed for a particular location.

(Ord. No. 3577, 2012; Ord. No. 3666, § II(exh. A), 2017)

This Chapter shall apply to all conditional land use activities identified in Article II (Zoning Districts and Allowable Land Uses), and Article V (Coastal Zones - Development and Resource Management Standards), as applicable.

(Ord. No. 3577, 2012)

A.

Filing.

1.

An application for a Conditional Use Permit shall be submitted, filed, and processed in compliance with and in the manner described in Chapter 22.40 (Application Filing and Processing, Fees).

2.

Conditional Use Permit application forms are available online and at the Agency's public service counter.

B.

Project review procedure. Each Conditional Use Permit application shall be analyzed by the Agency to ensure that the application is consistent with the purpose and intent of this Chapter.

C.

Hearings and notice.

1.

Public hearings on a proposed Conditional Use Permit application shall be noticed in compliance with Chapter 22.118 (Notices, Public Hearings, and Administrative Actions).

2.

The Zoning Administrator shall hold a public hearing, or the Director shall refer the application to the Commission for a public hearing, in compliance with Chapter 22.118 (Notices, Public Hearings, and Administrative Actions). This hearing shall include a review of the configuration, design, location, and potential impacts of the proposed use.

(Ord. No. 3577, 2012; Ord. No. 3666, § II(exh. A), 2017)

After a public hearing, the Review Authority shall record and file the decision and the findings upon which the decision is based. The Review Authority may approve a Conditional Use Permit application, with or without conditions, only if all of the following findings are made:

A.

The proposed use is allowed, as a conditional use, within the subject zoning district and complies with all of the applicable provisions of this Chapter.

B.

The design, location, size, and operating characteristics of the proposed use are compatible with the existing and future land uses in the vicinity.

C.

That granting the Conditional Use Permit will not be detrimental to the public interest, health, safety, convenience, or welfare of the County, or injurious to the property or improvements in the vicinity and zoning district in which the real property is located.

(Ord. No. 3577, 2012; Ord. No. 3666, § II(exh. A), 2017)

The following shall apply subsequent to the approval of a Conditional Use Permit application. These procedures are in addition to those identified in Section 22.40.080 (Post Approval) and Chapter 22.70 (Permit Implementation, Time Limits, Extensions).

A.

Conditional Use Permit to run with the land. A Conditional Use Permit granted in compliance with the provisions of this Chapter shall continue to be valid upon a change of ownership of: the site, business, service, use, or structure that was the subject of the permit application.

B.

Changes to conditions and standards. The review authority may approve minor changes to required conditions and operating standards of an approved Conditional Use Permit, in compliance with the provisions of this Chapter and Section 22.70.060 (Changes to an Approved Project).

C.

Time Limits. Notwithstanding any other provisions of this Development Code, a Conditional Use Permit shall expire if the use ceases to operate for a five-year period or greater, unless a Use Permit Renewal is granted to extend that period of time.

(Ord. No. 3577, 2012; Ord. No. 3666, § II(exh. A), 2017)

Chapter 22.49 - MASTER USE PERMITS