§ 13.06. Conditional use procedure

13.06.01. Description and purpose. It is recognized that certain types of uses require special consideration prior to their being permitted in a particular district. The reasons for requiring such special consideration involve, among other things, the size of the area required for the full development of such uses, the nature of the traffic problems incidental to operation of the use, the effect such uses have on any adjoining land uses and growth and development of the community as a whole. It is recognized that for some conditional uses, technical review by agencies outside the Saline County Government is necessary to ensure a complete evaluation of the proposal.

All uses permitted conditionally are declared to be possessing such unique and special characteristics as to make impractical their being included as outright uses in any of the various districts herein defined. The authority for the location and operation thereof shall be subject to review and the issuance of a Conditional Use Permit. The purpose of review shall be to determine that the characteristics of any such use shall not be reasonably incompatible with the type of uses permitted in surrounding areas and for the further purpose of stipulating such conditions as may be reasonable so that the basic purposes of this Section shall be served. Nothing construed herein shall be deemed to require the Planning Commission to grant a Conditional Use Permit.

13.06.02. Use Permit prerequisite to building. No building permit shall be issued when a Conditional Use Permit is required by the terms of this Section unless a Conditional Use Permit has been granted by the Planning Commission and then only in accordance with the terms and conditions of the Conditional Use Permit. Conditional Use Permits may be temporary or permanent for any use or purpose for which such permits are required or permitted by provisions of this Section.

13.06.03. Applications. Application for a Conditional Use Permit shall be made by the owner of the affected property, or his authorized agent, on a form prescribed by the Zoning Administrator and shall be filed with such department. The application shall be accompanied by such information including, but not limited to, site and building plans, drawings and elevations, and operational data, as may be required to enable the pertinent criteria to be applied to the proposal. Also included should be the names and addresses of property owners within one thousand five hundred (1,500) feet.

13.06.04. General Use Permit criteria. A Conditional Use Permit may be granted only if the proposal conforms to all the following general use permit criteria, as well as to all other applicable use permit criteria:

A. That the location, size, design and operating characteristics of the proposed development will be compatible with and will not adversely affect the livability or appropriate development of abutting properties and the surrounding neighborhood, with consideration to be given to harmony in scale, bulk, coverage, and density, to the availability of public facilities, utilities, to the harmful effect, if any, upon desirable neighborhood character; the generation of traffic and the capacity of surrounding streets; and to any other relevant impact of the development.

B. That the location, design, and site planning of the proposed development will provide a convenient and functional living, shopping, or civic environment, and will be as attractive as the nature of the use and its location and setting warrants.

C. That the proposed development will enhance the successful operation of the surrounding area in its basic community functions, or will provide an essential service to the community or region.

13.06.05. Investigation. The Commission shall cause to be made an investigation of facts bearing on the application necessary to provide information to insure a decision consistent with the intent of Section 13.06.01 and the criteria in Section 13.06.04.

Such investigation may require the hiring of outside consultants for review of the technical data of the application. Payment of such consultants' fees shall be the responsibility of the applicant, and not Saline County. The conclusions of any such study shall not be binding upon any decision of the Planning Commission or Governing Body, but shall be viewed [as] an additional factor in evaluation of the request. All consulting fees in accordance with this section shall be paid prior to scheduling the request for hearing by the Planning Commission.

13.06.06. Public hearings. Notice of time, place and subject of such hearing shall be published once in the official county newspaper at least twenty (20) days prior to the date fixed for hearing. A copy of said notice shall be mailed to all property owners within one thousand five hundred (1,500) feet at least twenty (20) days prior to the date of such hearing. Notice of the County's action shall extend two hundred (200) feet in those areas where the notification area extends within the corporate limits of a city. Failure to receive such notice shall not invalidate any subsequent action taken. The Planning Commission may give such additional notice to other persons as it may from time to time provide by its rules. The Commission shall determine whether the proposal conforms to the general use permit criteria set forth in Section 13.06.04 and to other applicable use permit criteria and may grant or deny the application for the proposed Conditional Use Permit or require such changes or impose such reasonable conditions of approval as are in its judgement necessary to ensure conformity to said criteria. The determination of the Planning Commission shall become final fourteen (14) days after the day of decision unless appealed to the Governing Body in accordance with Section 13.06.12.

13.06.07. Action by the Commission. The action by the Commission upon the application for Conditional Use permit shall be by the simple majority of the members of the Commission present at the meeting where the application is considered. If a Conditional Use Permit is denied, the minutes of the Commission shall clearly state the reasons for denial. In order to grant a Conditional Use Permit, the findings of the Commission shall be that the establishment, maintenance and operation of such use or building applied for will meet the requirements of Section 13.06.04.

13.06.08. Conditions. The Commission shall designate such conditions in connection with the Conditional Use Permit as it deems necessary to secure the purpose of this Section and may require guarantees and evidence that such conditions will be complied with. Such conditions may include:

A. Regulations of use;

B. Special yards, spaces;

C. Fences and walls;

D. Surfacing of parking areas and streets to County specifications;

E. Street dedications and improvements (or bonds);

F. Regulation of points of vehicular ingress and egress;

G. Regulation of signs;

H. Landscaping and maintenance thereof;

I. Maintenance of the grounds;

J. Regulations of noise, vibration, odors or other similar nuisances;

K. Regulation of time for certain activities;

L. Time period within which the proposed use shall be developed;

M. Duration of use;

N. Such other conditions as will make possible the development of the county in an orderly and efficient manner in conformity with the intent and purposes set forth in this Section.

13.06.09. Effective date. No Conditional Use Permit granted by the Commission shall become effective until after an elapsed period of fifteen (15) days from the date of the action of the Commission.

13.06.10. Adherence to approved plans. A Conditional Use Permit shall be subject to the Plans and other conditions upon the basis of which it was granted. Unless a different termination date is prescribed, the permit shall terminate six (6) months from the effective date of this granting unless actual construction or alteration, or actual commencement of the authorized activities in the case of a permit not involving construction or alteration, has begun under necessary permits within such period. However, such period of time may be extended by the Planning Commission, upon application filed at any time before said period has expired.

13.06.11. Revocation. In the event of a violation of any of the provisions of zoning regulations, or in the event of a failure to comply with any prescribed condition of approval, the County Planning Commission may, after notice and hearing, revoke any Conditional Use Permit. In the case of revocation of a Conditional Use Permit for one of the reasons set forth in Section 13.06.04, the determination of the Commission shall become final fourteen (14) days after the date of the decision, unless appealed to the Governing Body in accordance with Section 13.06.12.

13.06.12. Conditional Use Permit Appeal. All decisions on Conditional Use Permit may be appealed by the applicant or by affected property owners to the Governing Body. An appeal by property owners shall be accompanied by a petition which is duly signed and acknowledged by the owners of twenty (20) percent or more of the total area required to be notified, excepting streets and ways. Appeals shall be made within fourteen (14) days after a decision has been made by filing an application for appeal with the Zoning Administrator. Such application shall specify the grounds for such appeal. Upon receipt of an application for appeal and an application fee, the Zoning Administrator shall transmit to the Governing Body all of the papers constituting the record upon which the decision being appealed was based.

A unanimous vote of the governing body is required to overturn a planning commission decision on a conditional use permit. (See Charter Resolution No. 09-10 regarding super-majority vote related to Mining Operations.)

13.06.13. Limitations on Reapplication. Whenever an application for a Conditional Use Permit has been denied by the Planning Commission, or whenever an appeal of a Planning Commission decision has been denied by the Governing Body, such application or one substantially similar shall not be reconsidered sooner than one (1) year after such denial.

(Res. No. 1290-1, 10-13-92; Ord. No. 1254-9, 11-5-95; Res. No. 1254-11, # 3—6, 1-28-97; Res. No. 97-1522, 9-16-97; Charter Res. No. 09-10, 7-14-09)