11-2-17.3. Conditional use of real property--Ordinance--Content--Approval or disapproval.

A county zoning ordinance adopted under this chapter that authorizes a conditional use of real property shall specify the approving authority, each category of conditional use requiring approval, the zoning districts in which a conditional use is available, the criteria for evaluating each conditional use, and any procedures for certifying approval of certain conditional uses. The approving authority shall consider the stated criteria, the objectives of the comprehensive plan, and the purpose of the zoning ordinance and the relevant zoning districts when making a decision to approve or disapprove a conditional use request. Approval of a conditional use request requires the affirmative majority vote of the members of the approving authority who are present and voting.

Source: SL 2004, ch 103, § 3; SL 2015, ch 72, § 2; SL 2020, ch 41, § 2; SL 2023, ch 39, § 1.

11-2-17.4. Conditional use defined.

A conditional use is any use that, owing to certain special characteristics attendant to its operation, may be permitted in a zoning district subject to the evaluation and approval by the approving authority specified in § 11-2-17.3. A conditional use is subject to requirements that are different from the requirements imposed for any use permitted by right in the zoning district.

Source: SL 2004, ch 103, § 4.

11-2-17.5. Special permitted uses.

A zoning ordinance adopted under this chapter may also establish a process for certification of special permitted uses upon meeting specified criteria for the use. A use certified as a special permitted use under the zoning ordinance shall be approved if the applicant demonstrates that all specified criteria are met.

Source: SL 2015, ch 72, § 1; SL 2020, ch 41, § 3; SL 2023, ch 39, § 2.

11-2-17.6 . Special permitted uses--Exceptions.

Any land use that meets the specified criteria for certification under any county zoning ordinance shall be considered a special permitted use. A special permitted use applicant is not subject to the requirements set forth in §  11-2-17.4 . A special permitted use is not subject to any public hearing or other requirements for review and approval of conditional uses. Upon adoption of certification provisions, the land use is a permitted use subject to the criteria and enforcement in the same manner as a permitted use.

Source: SL 2020, ch 41, § 4.

11-2-17.7 . Conditional use application--Impact on neighboring land.

Any alteration, construction, use of earthmoving equipment, or other change pursuant to a zoning permit or allowed land use on neighboring land that began after the date on which an application for a conditional use is received, and that causes the application to fail to meet one or more of the criteria or requirements for conditional use under the zoning ordinance, does not cause the request for a conditional use permit to be considered nonconforming until a final disposition of the conditional use request is determined pursuant to §  11-2-61 or 11-2-65 . If the conditional use permit is granted, the conditional use shall be considered a lawful use, lot, or occupancy of land or premises and may be continued even though the use, lot, or occupation does not conform to the provisions of the ordinance. If the conditional use is not pursued by the applicant for a period of more than one year, any subsequent use, lot, or occupancy of the land or premises shall conform with the zoning ordinance.

Source: SL 2020, ch 41, § 5.

11-2-17.8. Zoning determination--Well.

When a well is at issue in making a determination for the implementation of a zoning ordinance requirement, the zoning authority must determine whether the well is an established well that has not been abandoned.

A well that is either abandoned or not established, or both, must not be used as a basis for denial of the zoning determination.

Terms used in this section mean:

(1)    "Abandoned well," a well in such a state of disrepair that its original purpose cannot reasonably be achieved or that has not been used for water production in the past two calendar years;

(2)    "Established well," a well for which:

(a)    A well completion report is on file with the Department of Agriculture and Natural Resources; or

(b)    The owner of the well files a sworn affidavit with the register of deeds on the legal description of the property in the county in which the well is located affirming that the well has been used for water production for more than one week in each of the two calendar years preceding submission of the sworn affidavit; and

(3)    "Well," an artificial excavation or opening in the ground, made by means of digging, boring, drilling, jetting, or by any other artificial method, for the purpose of obtaining groundwater.

Source: SL 2024, ch 41, § 1.