Conditional uses are land uses that involve significant benefits to the community and individual property owners, and are intended to allow important options for land use development within the various zones. It is also recognized that conditional uses may result in adverse impacts on nearby properties, as well as on existing public facilities, unless special precautions are taken in the issuance of permits. This chapter is intended to meet this concern by providing comprehensive review criteria and procedures designed to assure conditional uses will be compatible with the neighborhood and are supported by adequate public infrastructure and facilities. It is therefore the policy of this title to permit conditional uses when significant impacts can be adequately mitigated through conditions of approval. Conditional use permits run with the land and the rights and obligations afforded by the permit may be assumed by new owners.
(2005 RLDC § 45.010)
A. 
Applications for new conditional use permits shall be processed using quasi-judicial review procedures as set forth in Chapter 19.22 JCC. All applications for new conditional uses shall include a site plan meeting the drawing and information requirements of JCC § 19.42.060. Site plan review may be required per JCC § 19.22.040(B)(3).
B. 
Applications for the expansion, alteration or replacement of a use or structure lawfully established prior to being listed as a conditional use, or which was previously approved as a conditional use, shall be subject to pre-application review for site plan review pursuant to JCC § 19.42.030 (Initiation of site plan review).
(2005 RLDC § 45.020)
Conditional use permit requests shall comply with the following standards and criteria:
A. 
Standards.
1. 
Development standards contained within this title and all other applicable master plans, rules, resolutions, ordinances, codes, technical manuals and policies of the County or the state or federal governments;
2. 
The Josephine County Transportation System Plan, including the official street map;
3. 
Standards for construction of required infrastructure and public facilities; and
4. 
Access standards contained in JCC § 19.11.030.
B. 
Criteria.
1. 
All criteria made applicable by the provisions of Chapter 19.69 JCC (Overlays), Division VII of this title (General Development Standards), Division VIII of this title (Public Facility Standards), and Division IX of this title (Special Use Standards);
2. 
The location, size, design and operating characteristics of the proposed use will not result in significant impacts on the neighborhood ("Significant (Adverse) Impact" is defined in JCC § 19.11.210);
3. 
The use will not exceed the carrying capacity of the land as defined in JCC § 19.11.050;
4. 
Existing and proposed infrastructure and public facilities are adequate to serve the proposed development. Pursuant to a requirement contained in the County's transportation systems plan, or any other official document containing County road standards, the Review Body may control the location and number of vehicular access points, establish new streets, increase right-of-way and road width, require curbs, sidewalks and traffic circulation features;
5. 
The development is designed so that it coordinates efficiently with surrounding development patterns and existing and planned utilities, facilities and streets in the vicinity;
6. 
Any development that includes lands that are subject to flooding, wildfire, or erosion hazards shall present a plan or plans that satisfy the requirements of Chapter 19.69A JCC (Flood Hazard Overlay), Chapter 19.76 JCC (Wildfire and Emergency Safety Standards), and Chapter 19.83 JCC (Erosion Control and Storm Drain Facilities). The approved provisions of the mitigation plan or plans shall become conditions of development for the site.
(2005 RLDC § 45.030; Amended by Planning Director, 10-28-16)
The Director or Hearing Body shall require a performance agreement pursuant to Chapter 19.14 JCC for improvements which are to be completed after the issuance of the development permit.
(2005 RLDC § 45.040)