§ 152.052 CONDITIONAL USE PERMIT REQUIRED.
   (A)   Unless specifically exempted herein, all activities in this section shall be conducted only under a conditional use permit issued pursuant to this chapter. A conditional use permit is not needed under this section to maintain, reconstruct or relocate existing lines or facilities where the general line and confirmation thereof remains essentially the same unless the construction is within the traveled roadway. When the proposed activity is within the traveled roadway, a permit or other authorization shall be obtained from the responsible road authority. Emergency work otherwise requiring a filing or application shall be accomplished provided filing or application is made as soon thereafter as possible.
   (B)   A pre-application meeting with county land management staff is required prior to submitting an application for all activities in this section that requires a public hearing.
   (C)   Any application for a conditional use permit shall outline the siting process that was utilized to select the site and shall address the relationship of the site to the following factors:
      (1)   Site requirements for the facility;
      (2)   Use of prime agricultural land and environmentally sensitive areas;
      (3)   Traffic generation, road access;
      (4)   Adverse effects on the environment, especially those that cannot be mitigated and/or reversed;
      (5)   Potential for the pollution of air, groundwater, surface water;
      (6)   Agricultural preserve status of the land. Agricultural preserve land may be used for essential services only if no other alternatives exist, and then only after an eminent domain proceeding ordering the land removed from agricultural preserve. When ten or more acres of agricultural preserve land will be used, the procedure in the statute will be followed in making the determination. In cases where the Environmental Quality Board review provisions of the statute do not apply (the land is less than ten acres), the need shall be considered as part of the consideration of the conditional use permit or other approval process. Release from agricultural preserve will be accomplished by the filing of the appropriate court documents indicating that the use is in fact a public purpose and ordering termination of the preserve;
      (7)   Effects on existing and planned land uses in the area;
      (8)   Need for services and infrastructure;
      (9)   Any additional information specified under a particular provision in this section.
(Ord. 47, passed 7-23-02; Am. Ord. 97-2021, passed 7-20-21)