7.      CONDITONAL USE PERMITS

7.1. Deciding Body: Planning and zoning commission.

7.2.Applicability: Where a specific or general use is allowed for consideration as a conditional use with a zone district, a conditional use permit shall be approved and issued prior to the onset of development or establishment of that use. A conditional use application will encompass all development proposed on a single parcel or lot, and upon issuance, the application, as modified by standards, terms or conditions imposed by the conditional use permit, will become the controlling plan for that parcel or lot, and will not be changed or expanded without application for a new development permit.

7.3. Duration of Permit: Conditional use permits run with the land to which they attach, and continue in effect for the life of the use established.

7.4. Terminating a Conditional Use: An approved conditional use permit will be deemed to lapse if work to establish the use has not begun within two years of the date of approval, or when a use established by a conditional use permit is discontinued for a period of two consecutive years. The owner of property subject to a conditional use permit may request termination of a conditional use permit at any time by notifying the administrator in writing.

7.5. Penalties for Violation: Failure to obtain a conditional use permit prior to establishing a use for which one is required will constitute a misdemeanor pursuant to Section 4.1.3.4. Failure to comply with a conditional use permit will constitute an infraction pursuant to Section 4.1.1.4. If the property owner is found guilty of more than two infractions, of the same kind, within a two year period then the charge will increase to a misdemeanor.

7.6. Administration:

7.6.1.      Applicant: It is the responsibility of the applicant, on forms provided by the administrator and based on the specific provisions of the zone district in which the use is proposed, to provide, at the time application is made, sufficient information, detail, data and documentation so as to demonstrate to the planning and zoning commission that the specific proposal meets those provisions and that the use proposed can be carried out without imposing undue adverse effects on established uses in the area.

7.6.2.      Administrator: Upon receipt of a completed conditional use permit application and applicable fee, the administrator will schedule public hearing on the next available agenda of the planning and zoning commission pursuant to Section 19. Following the deadline for receipt of written comment and at least one week prior to the scheduled hearing, the administrator will mail copies of the application, to include documentation and written comment received, to each member of the planning and zoning commission for review. The mailing will also include a staff analysis which will:

7.6.2.1. Summarize the development and use proposed.

7.6.2.2. Establish the specifics of the site on which the use is proposed, to include parcel number, legal description, parcel size, zone district designation, surrounding zone district designation and surrounding land uses.

7.6.2.3. Identify all overlay zones, hazardous areas or special sites that might be affected by the proposed use.

7.6.2.4. Cite comprehensive plan considerations.

7.6.2.5. Cite provisions of this ordinance applicable to the specifics of the proposal, to include standards applicable to the use proposed.

7.6.2.6. Cite precedents that might be applicable to the specifics of the proposal.

7.6.3.      Planning and Zoning Commission: The planning and zoning commission will hold public hearing on the proposed conditional use. Based on the materials of the application, staff analysis and testimony presented in writing or during public hearing, members of the planning and zoning commission will hold discussion to consider a decision and, if applicable, terms and conditions, giving due consideration to potential takings issues, so as to develop reasoned findings.

7.7. Considerations: When considering a conditional use application, the planning and zoning commission should determine, at minimum:

7.7.1.       Whether the application, site plan and additional documentation provided by the applicant sufficiently demonstrate the full scope of the use proposed.

7.7.2.       Whether the proposed use conforms to all applicable standards established by this ordinance.

7.7.3.       Whether there is sufficient land area to accommodate the use proposed, and whether development is so timed and arranged so as to minimize adverse effects on surrounding properties and uses.

7.7.4.      How the impacts of the use proposed compare with the impacts of existing uses within the zone.

7.7.5.       Whether concerns raised by other departments, agencies or by the providers of public services, including but not limited to road and bridge, water, electricity, fire protection, sewer or septic, can be adequately addressed.

7.7.6.      The potential benefit to the community offered by the use proposed.

7.7.7.       Whether specific concerns aired through the public hearing process have validity and whether those concerns can be adequately addressed.

7.7.8.       Whether the use proposed would constitute a public nuisance, impose undue adverse impact to established surrounding land uses or infringe on the property rights of surrounding property owners, and whether terms or conditions could be imposed adequate to mitigate those effects.

7.7.9.       Whether the use proposed would unfairly burden Boundary County taxpayers with costs not offset by the potential benefits of the proposed use.

7.8. Terms and Conditions: In considering approval of an application to establish a conditional use, the planning and zoning commission may consider the imposition of terms and conditions as a means of eliminating or mitigating potential adverse effects or to provide for public safety. Such terms and conditions may, but are not limited to:

7.8.1.       Control the sequence and timing of development.

7.8.2.       Establish or limit hours or days of operation.

7.8.3.       Establish limits on the timing and/or duration of potentially disruptive activities.

7.8.4.       Require the installation of public services or utilities as recommended by providers necessary to accommodate the use proposed.

7.8.5.       Establish specific locations and/or standards for structures, parking areas, access lanes, etc., to reduce adverse impact on traffic or traffic patterns.

7.8.6.       Establish standards for landscaping, fencing, lighting or other measures so as to maintain the aesthetics or character of the area in which the use is proposed or to contain noise, dust, light or other potential nuisances from encroaching onto adjoining properties.

7.8.7.       Require specific security measures, such as fencing, secure storage areas, fire prevention measures, etc., that are appropriate to the use and necessary for public safety.

7.8.8.       Require proof of compliance with other county, state or federal regulations.

7.9. Decision: Upon conclusion of public hearing and based on the findings developed, the planning and zoning commission may, by motion and majority vote:

7.9.1.       Approve: Approve the application, establishing terms and conditions and findings sufficient to enable staff to prepare written decision. At the discretion of the planning and zoning commission, final action may be tabled until the next regular meeting to allow review and approval of the written findings and decision. For tolling appeal, approval of a conditional use permit will be effective on the date the chair signs written findings and decision. On receipt of a signed decision to approve, the administrator will issue the applicant a conditional use permit, to include terms conditions established.

7.9.2.      Disapprove: Disapprove the application for cause, establishing findings sufficient to enable staff to prepare written decision. At the discretion of the planning and zoning commission, final action may be tabled until the next regular meeting to allow review and approval of the written findings and decision. For tolling appeal, disapproval of a conditional use permit will be effective on the date the chair signs written findings and decision. On receipt of a signed decision to disapprove, the applicant will be provided a copy of those findings and advised of rights to appeal.

7.9.3.      Table: Table a final decision to the next regular meeting to allow the applicant to obtain documentation of agency approvals or to provide additional specific information when the planning and zoning commission is likely to approve the application but:

7.9.3.1. The site plan and/or other documentation fail to provide a sufficiently clear and definable description of the scope of the development or use proposed.

7.9.3.2. Portions of the application fail to conform to specific standards established by this ordinance.

7.9.3.3. Additional agency approvals are established as a condition of approval requiring proof of compliance before additional development can proceed.

7.9.4.      Defer Decision Authority: The planning and zoning commission my defer decision authority, forwarding to county commissioners a written recommendation or synopsis of issues when:

7.9.4.1. It is decided by the planning and zoning commission that a guarantee of installation agreement pursuant to Section 5 is necessary as a condition of approval; or

7.9.4.2. When the planning and zoning commission has cause to question whether or not an application meets criteria for consideration within a zone district, or

7.9.4.3. When the scope of the application or controversy generated is such that members of the planning and zoning commission are unable to reach consensus sufficient to render a motion or when it is determined by the planning and zoning commission that decision authority should rest with the board of county commissioners.

7.9.4.4. When decision authority is deferred to the board of county commissioners, the administrator will schedule an additional public hearing before that body pursuant to Section 19.