§ 413. Conditional use.

(a)

Some zoning districts permit certain uses only upon approval of the board of commissioners after receiving a recommendation from the planning and zoning commission. These uses are identified in this section as conditional uses and such uses are allowed only under the circumstances specified in this section.

(b)

An applicant requesting a conditional use shall provide the zoning administrator any information as may be deemed appropriate to assist in the consideration of the request (e.g., sketch plan).

(c)

The planning and zoning commission and board of commissioners will consider the following standards in arriving at a decision on the conditional use:

(1)

Is the type of street providing access to the use adequate to serve the proposed conditional use?

(2)

Is access into and out of the property adequate to provide for traffic and pedestrian safety, the anticipated volume of traffic flow, and access by emergency vehicles?

(3)

Are public facilities such as schools, EMS, sheriff and fire protection adequate to serve the conditional use?

(4)

Are refuse, service, parking and loading areas on the property located or screened to protect other properties in the area from such adverse effects as noise, light, glare or odor?

(5)

Will the hours and manner of operation of the conditional use have no adverse effects on other properties in the area?

(6)

Will the height, size, or location of the buildings or other structures on the property be compatible with the height, size or location of buildings or other structures on neighboring properties?

(7)

Is the proposed conditional use consistent with the purpose and intent of the zoning ordinance?

(d)

If the zoning administrator finds that any restrictions upon which a conditional use was granted are not being complied with, he/she may suspend the permit for the conditional use until such time as the applicant brings the conditional use into compliance with the restrictions imposed by the board of commissioners. Only work upon the conditional use may be allowed during suspension of the permit which is necessary to bring the conditional use into compliance with the restrictions imposed by the board of commissioners.

(e)

Where a conditional use is granted for a construction activity requiring a building permit, the building permit must be obtained within 12 months of the issuance of the conditional use. Otherwise, the conditional use expires after 12 months.

(Amd. of 11-6-07(3))

Editor's note

An amendment adopted Nov. 6, 2007(3), enacted provisions designated as §§ 409—414, and have been treated as superseding the former §§ 410—414, which pertained to similar subject matter and derived from an ordinance adopted April 3, 2001; an ordinance adopted May 1, 2001; an amendment adopted June 4, 2002(1); an amendment adopted Nov. 5, 2002; an amendment adopted Aug. 3, 2004; and an amendment adopted April 5, 2005(3).