The purpose of the conditional use permit process is to provide flexibility in the application of the use regulations contained in this code in order to accommodate uses that may be appropriate in an established district under certain circumstances, but inappropriate in the same district under others. At the time of application, a review of the location, design, configuration, and potential impact of the proposed use shall be conducted by comparing the use to the goals and policies established in the Jefferson County Comprehensive Plan and to adopted development standards. This review shall determine whether the proposed use should be permitted by weighing the public need or the benefit to be derived from the use against the impact that it may cause.
(Ord. 8-06 § 1; Ord. 11-24 (Att. A))
This article shall apply to each application for a conditional use permit. Only those uses indicated by a "C(a)," "C(d)" or "C" opposite the use in Table 3-1 in JCC § 18.15.040 will be considered for a conditional use permit.
(Ord. 8-06 § 1; Ord. 11-24 (Att. A))
(1) 
The application for a conditional use permit shall be submitted to DCD on forms provided by the department, along with the appropriate fees established under the most recently adopted DCD fee schedule. The application shall include all materials required pursuant to JCC § 18.40.100.
(2) 
The administrator may waive specific submittal requirements determined to be unnecessary for review of an application.
(Ord. 8-06 § 1; Ord. 11-24 (Att. A))
(1) 
Applications for uses listed as an administrative conditional use permit (i.e., "C(a)") in Table 3-1 in JCC § 18.15.040 shall be processed according to the procedures for Type II land use decisions established in Article IV of this chapter.
(2) 
Applications for uses listed as discretionary conditional use permits (i.e., "C(d)") in Table 3-1 in JCC § 18.15.040 shall, at a minimum, be processed according to the procedures for Type II land use decisions established in Article IV of this chapter. However, in accordance with this subsection, the administrator may on a case-by-case basis refer a discretionary conditional use permit application to the hearing examiner to be processed according to the procedures for Type III land use decisions established in Article IV of this chapter.
(a) 
Required Findings. Prior to referring an application for a use listed as "C(d)" in Table 3-1 in JCC § 18.15.040 to the hearing examiner, the administrator shall make one or both of the following findings:
(i) 
In the discretion of the administrator, the application involves potentially significant issues relating to location, design, configuration, and potential impacts to surrounding properties and the community that may be more appropriately considered and addressed through an open public record predecision hearing before the Jefferson County hearing examiner; or
(ii) 
In the discretion of the administrator, the application seeks approval of a use involving complex legal issues necessitating special expertise in the decision-maker.
(b) 
Timing. The administrator may determine whether or not to refer an application to the hearing examiner for a public hearing, concurrent with the determination of completeness required under JCC § 18.40.110(1), or after the public comment period has expired.
(c) 
Discretion of the Administrator. The administrator's decision to refer an application to the hearing examiner under this subsection to be processed as a Type III application shall be for the purpose of affording maximum fairness in decision-making and procedural due process protection, and shall not affect the substantive applicability of local, state or federal policies or law applicable to any permit application. The decision to refer any application to the hearing examiner to be processed as a Type III application rests exclusively within the discretion of the administrator.
(d) 
No Notice or Hearing Required. Because the administrator's decision to refer (or not to refer) an application for a use listed as "C(d)" in Table 3-1 in JCC § 18.15.040 to the hearing examiner for a public hearing rests solely in the administrator's discretion, the county is not required to provide prior notice of the administrator's decision. The administrator shall not be required to hold a public hearing on such a decision. The decision of the administrator made pursuant to this subsection (2) shall not constitute an appealable administrative decision.
(3) 
Applications for uses listed as a "C" in Table 3-1 in JCC § 18.15.040 shall be processed according to the procedures for Type III land use decision established in Article IV of this chapter.
(Ord. 8-06 § 1; Ord. 14-18 § 4 (Exh. B); Ord. 11-24 (Att. A))
(1) 
The county may approve or approve with modifications an application for a conditional use permit (i.e., uses listed in Table 3-1 in JCC § 18.15.040 as "C(a)," "C(d)" or "C") if all of the following criteria are satisfied:
(a) 
The conditional use is harmonious and appropriate in design, character and appearance with the existing or intended character and quality of development in the vicinity of the subject property and with the physical characteristics of the subject property;
(b) 
The conditional use shall be served by adequate infrastructure including roads, fire protection, water, wastewater disposal, and stormwater control;
(c) 
The conditional use shall not be materially detrimental to uses or property in the vicinity of the subject parcel;
(d) 
The conditional use shall not introduce noise, smoke, dust, fumes, vibrations, odors, or other conditions or which unreasonably impact existing uses in the vicinity of the subject parcel;
(e) 
The location, size, and height of buildings, structures, walls and fences, and screening vegetation for the conditional use shall not unreasonably interfere with allowable development or use of neighboring properties;
(f) 
The pedestrian and vehicular traffic associated with the conditional use shall not be hazardous to existing and anticipated traffic in the vicinity of the subject parcel;
(g) 
The conditional use complies with all other applicable criteria and standards of this title and any other applicable provisions of the Jefferson County Code or state law; and more specifically, conforms to the standards contained in Chapters 18.20 and 18.30 JCC;
(h) 
The proposed conditional use shall not result in the siting of an incompatible use adjacent to an airport or airfield;
(i) 
The conditional use shall not cause significant adverse impacts on the human or natural environments that cannot be mitigated through conditions of approval;
(j) 
The conditional use has merit and value for the community as a whole;
(k) 
The conditional use is consistent with all relevant goals and policies of the Jefferson County Comprehensive Plan; and
(l) 
The public interest suffers no substantial detrimental effect. Consideration shall be given to the cumulative effect of similar actions in the area.
(2) 
In instances where all of the above findings cannot be made, the application shall be denied.
(3) 
The administrator may consider applications for modifications of lawfully established conditional uses and developments approved under this code and conditional uses in existence on December 18, 2000, when the application proposes to bring the existing use substantially closer to compliance with the standards of this code. The administrator may approve, conditionally approve, or deny the modification application. A site plan conforming to the provisions of this chapter and Article II, Project Permit Applications (Type I – IV), of this chapter shall accompany the application showing the location, size and type of modification proposed by the applicant.
(4) 
Modifications may be approved by the administrator under Type I review procedures; provided, that the cumulative modifications of the approved use shall not exceed the following limitations:
(a) 
The modification shall not increase residential use by more than one unit, if allowed by the land use district;
(b) 
The modification shall not increase the required amount of parking by more than 20 percent or 20 spaces (whichever is less);
(c) 
The proposed modification shall not expand the total square footage of all structures and/or outdoor use areas, excluding parking, by more than 20 percent. In addition, the proposed expansion of the structure shall not result in total size of the structure exceeding the maximum building size limits in Chapter 18.30 JCC;
(d) 
The modification shall not change or modify any special condition imposed under any previous official review;
(e) 
The modification shall not significantly reduce the amount or location of required site screening;
(f) 
The modification shall not expand an existing nonconforming use or structure, or render a conforming use or structure nonconforming;
(g) 
The modification shall not establish a new use;
(h) 
The modification shall not expand a mining/site operation, mineral processing or mineral batching activity;
(i) 
In the determination of the administrator, the modification shall not create or materially increase any adverse impacts or undesirable effects of the project, or cause the use or structure to become inconsistent with the Comprehensive Plan or the purpose of the land use class and district.
(5) 
All proposed uses, structures and site improvements (and modifications thereof) shall comply with the development standards of this code.
(6) 
Any proposed modification that does not meet all the requirements of this subsection shall not be approved through this process, but shall be reviewed through the current review procedures as outlined by this chapter.
(7) 
Decisions to administratively approve modifications shall be administered through a consistency review of development permits in accordance with this code and any previous conditions of approval.
(Ord. 8-06 § 1; Ord. 14-18 § 4 (Exh. B); Ord. 11-24 (Att. A))
The county may impose additional conditions on a particular use if it is deemed necessary for the protection of the surrounding properties, the neighborhood, or the general welfare of the public. The conditions may:
(1) 
Increase requirements in the standards, criteria or policies established by this code;
(2) 
Stipulate an exact location for the conditional use on the subject property as a means of minimizing hazards to life, limb, property damage, erosion, landslides or traffic;
(3) 
Require structural features or equipment as a means of minimizing hazards to life, limb, property damage, erosion, landslides or traffic; or
(4) 
Contain restrictions or provisions deemed necessary to establish parity with uses permitted in the same zone with respect to avoiding nuisance generating features in matters of noise, odors, air pollution, wastes, vibration, traffic and physical hazards.
(Ord. 8-06 § 1; Ord. 11-24 (Att. A))
No building permit shall be issued for any use involved in an application for approval for a conditional use permit until the conditional use permit is approved and becomes effective.
(Ord. 8-06 § 1; Ord. 11-24 (Att. A))
(1) 
A conditional use permit automatically expires and becomes void if the applicant fails to file for a building permit or other necessary development permit within three years of the effective date (the date of the decision granting the permit) of the permit unless the permit approval provides for a greater period of time.
(2) 
Extensions to the duration of the original permit approval are prohibited.
(3) 
The department of community development shall not be responsible for notifying the applicant of an impending expiration.
(Ord. 8-06 § 1; Ord. 11-24 (Att. A))
The county may modify an approved conditional use permit as follows: the county may delete, modify or impose additional conditions upon finding that the use for which the approval was granted has been intensified, changed or modified by the property owner or by person(s) who control the property without approval so as to significantly impact surrounding land uses. A modification shall be processed as a Type II land use decision pursuant to JCC § 18.40.270.
(Ord. 8-06 § 1; Ord. 11-24 (Att. A))
A conditional use permit granted under this article 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. No other use is allowed without approval of an additional conditional use permit.
(Ord. 8-06 § 1; Ord. 11-24 (Att. A))
The county may suspend or revoke an approved conditional use permit pursuant to JCC Title 19 upon finding that:
(1) 
The use for which the approval was granted has been abandoned for a period of at least one year;
(2) 
Approval of the permit was obtained by misrepresentation of material fact; or
(3) 
The permit is being exercised contrary to the terms of approval.
(Ord. 8-06 § 1; Ord. 11-24 (Att. A))
In appropriate circumstances, the administrator may require a reasonable performance or maintenance assurance device, in a form acceptable to the county prosecutor, to assure compliance with the provisions of this code and the conditional use permit as approved.
(Ord. 8-06 § 1; Ord. 11-24 (Att. A))