(A) Criteria for granting conditional use permits. In granting a conditional use permit, the County Planning Commission shall consider the effect of the proposed use upon the health, safety, morals and general welfare of occupants of surrounding lands. Among other things, the County Planning Commission shall make the following findings where applicable.
(1) The conditional 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 immediate vicinity.
(2) The establishment of the conditional use will not impede the normal and orderly development and improvement of surrounding vacant property for uses predominant in the area.
(3) Adequate utilities, access roads, drainage and other necessary facilities have been or are being provided.
(4) Adequate measures have been or will be taken to provide sufficient off-street parking and loading space to serve the proposed use.
(5) The use is not in conflict with the Policies Plan of the county.
(6) Adequate measures have been taken or will be taken to prevent or control offensive odor, fumes, dust, noise and vibration, so that none of these will constitute a nuisance, and to control lighted signs and other lights in such a manner that no disturbance to neighboring properties will result.
(B) Additional conditions.
(1) In permitting a new conditional use or the alteration of an existing conditional use, the Planning Commission may impose, in addition to these standards and requirements expressly specified by this chapter, additional conditions which the Planning Commission considers necessary to protect the best interest of the surrounding area or the community as a whole. These conditions may include, but are not limited to, the following:
(a) Increasing the required lot size or yard dimension;
(b) Limiting the height, size or location of buildings;
(c) Controlling the location and number of vehicle access points;
(d) Increasing the street width;
(e) Increasing the number of required off-street parking spaces;
(f) Limiting the number, size, location or lighting of signs;
(g) Requiring diking, fencing, screening, landscaping or other facilities to protect adjacent or nearby property; and
(h) Designating sites for open space.
(2) Any change involving structural alterations, enlargements, intensification of use or similar change not specifically permitted by the conditional use permit issued shall require an amended conditional use permit and all procedures shall apply as if a new permit were being issued. The County Zoning Administrator shall maintain a record of all conditional use permits issued including information on the use, location and conditions imposed by the Planning Commission; time limits, review dates and such other information as may be appropriate.
(C) Procedure.
(1) The person applying for a conditional use permit shall fill out and submit to the Zoning Administrator a conditional use application form.
(2) The Zoning Administrator shall refer the application to the Planning Commission for review.
(3) The Planning Commission shall hold a public hearing on the proposal. Notice of the public hearing shall be published in the official newspaper designated by the County Board at least ten days prior to the hearing. Notice of the hearing shall also be submitted to the governing bodies of all towns and municipalities within two miles of the property under consideration located within the county. In unincorporated areas of the county, property owners of record within one-quarter mile of the affected property or the ten properties nearest to the affected property, whichever is the greatest number of property owners shall be notified in writing of the public hearing on the request for conditional use permit.
(4) The petitioner or his or her representative shall appear before the Planning Commission in order to answer questions concerning the proposed conditional use.
(5) An amended conditional use permit application shall be administered in a matter similar to that required for a new special use permit. Amended special use permit shall include requests for changes in conditions.
(6) No application for a conditional use permit shall be resubmitted for a period of six months from the date of said order of denial. Conditional use permits shall be valid for six months unless otherwise specified. All conditions in a conditional use permit shall be commenced within six months and shall be complied with within one year unless otherwise specified.
(7) If a time limit or periodic review is included as a condition by which a conditional use permit is granted, the conditional use permit may be reviewed at a public hearing with notice of said hearing published at least ten days prior to the review.
(8) In the event that the applicant violates any of the conditions set forth in this permit, the County Planning Commission shall have the authority to revoke the conditional use permit.
(9)
A certified copy of any conditional use permit shall be filed with the County Recorder. The conditional use permit shall include the legal description of the property involved. The Zoning Administrator shall be responsible for the document recording requirements of this section.
(D) Discontinuance of conditional use permits. Where a conditional use has been established and is discontinued for any reason for a period of one year or longer, or where a conditional use has been changed to a permitted use or to any other conditional use, the conditional use permit shall become null and void.
(Ord. 22-4, passed 11-29-2022)