(A) Before a building or premises is devoted to any use classified hereunder, a special permit must be granted by the County Board following recommendation by the Planning Commission and a public hearing before the Zoning Board.
(B) The following exhibits shall be required unless waived by the Planning Commission:
(1) The boundary survey and plot plan as required for building permit application; and
(2) Certified listing, by complete name and address, of all owners of property within 250 feet of the property in question.
(C) The procedure for obtaining a special use permit is as follows.
(1) In applying for a special use permit, the applicant shall follow all applicable procedures set forth in this subchapter.
(2) The applicant shall file the completed application along with the required exhibits with the Administrator. Any application for a special use shall be accompanied by the required filing fee as established by the County Board.
(3) The Administrator shall refer the application to the Regional Planning Commission and collect the required fee if the application complies with the provisions of this chapter and other relevant county ordinances.
(4) The Planning Commission shall, after careful review of the application, make a recommendation on each application to the Zoning Board.
(5) The Administrator shall cause notice of a public hearing in accordance with state statutes and may provide courtesy notice to those owners of property within 250 feet of the property in question.
(6) The Zoning Board, after holding a public hearing in accordance with state statutes, shall make a recommendation independent of that submitted by the Planning Commission within 30 days of the concluded public hearing, forwarding the recommendation directly to the County Board.
(7) The County Board may approve, deny or give conditional approval to the application. In cases of approval or conditional approval, the County Board shall issue written authorization to the Administrator to issue a zoning permit in full conformance with this subchapter. This authorization shall remain on permanent file with the application.
(8) The County Board may attach special conditions, including specified period of time for the permit, to ensure conformance with the intent of all comprehensive plan elements and to preserve the integrity of the zoning district in question.
(D) A special use permit may be granted by the County Board after demonstration by evidence that:
(1) The establishment, maintenance or operation of the special use will not be detrimental to or endanger the public health, safety, morals, comfort or general welfare;
(2) The special use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property values within the neighborhood;
(3) The establishment of the special use will not impede the normal and orderly development and improvement of surrounding property for uses permitted in the district;
(4) Adequate utilities, access roads, drainage and necessary facilities have been or will be provided;
(5) Adequate measures have been or will be taken to provide ingress or egress so designed as to minimize traffic congestion in the public streets or roads; and
(6) The special use shall, in all other respects, conform to the applicable regulations of the district in which it is located.
(E) Where a special use permit has been issued pursuant to the provisions of this chapter, the permit may become null and void by action of the County Board upon recommendation of the Planning Commission unless work thereon commences within one year of the date of granting the special use. A special use permit shall be deemed to authorize only one particular use and may be canceled by the County Board upon recommendation of the Planning Commission if that use ceases for more than 12 consecutive months.
(Prior Code, § 152.125) (Ord. passed 3-9-1976; Ord. passed 6-12-1986; Ord. passed 11-12-1992; Ord. passed 3-24-2022)