Application Procedures for Conditional Use Permit

Conditional Use Application Procedures

  1. Submission of application, required documents, and applicable fees is required by the deadline to be placed on the agenda.
  2. A legal advertisement will be run in The Herald Journal no less than 15 days and no more than 45 days prior to the public hearing announcing the public hearing to receive comments concerning the Conditional Use request. 
  3. The applicant or their representative should be present at the meeting when their petition is heard. 
  4. The Planning and Zoning Commission makes a recommendation to the Board of Commissioners, and the Board of Commissioners shall issue its findings within forty days of the receipt of the Planning and Zoning Commission recommendation. 

Standards for Conditional Use Approval

In determining the compatibility of a conditional use with adjacent properties and the overall community, the Board of Commissioners must make the following findings if the use is to be approved or approved with conditions:

  1. Adequate provision is made by the applicant to reduce any adverse environmental impacts of the proposed use to an acceptable level.
  2. Vehicular traffic and pedestrian movement on adjacent streets will not be substantially hindered or endangered.
  3. Off-street parking and loading, and the entrance to and exit from such parking and loading, will be adequate in terms of location, amount and design to service the use.
  4. Public facilities and utilities are capable of adequately serving the proposed use.
  5. Granting the request would not be an illogical extension of a use which would intrude a damaging volume of agricultural, commercial, industrial, or high density apartment use into a stable neighborhood of well-maintained single-family homes, and likely lead to decreasing surrounding property values, neighborhood deterioration, spreading of blight, and additional requests of a similar nature which would expand the problem.
  6. Granting the request would not lead to congestion, noise and traffic hazards or overload public facilities current or planned.
  7. Granting this request would conform to the general expectations for the area population growth and distribution according to the Comprehensive Land Use Plan.
  8. Granting this request would not lead to a major negative change in existing levels of public service, government employees or fiscal stability.
  9. Granting this request would not have a "domino effect," in that it becomes the opening wedge for further rapid growth, urbanization or other land-use change beyond what is indicated in the Comprehensive Land Use Plan.

Unless otherwise noted, the site plan submitted in support of an approved conditional use shall be considered part of the approval and must be followed.

Approval of a proposed use by the County Commission does not constitute an approval for future expansion of or additions or changes to the initially approved operation. Any future phases or changes that are considered significant by the County Zoning Administrator and not included in the original approval are subject to the provisions of this Article and the review of new detailed plans and reports for said alterations by the governing authority. The applicant for a conditional use must obtain a construction and building permit, if applicable, within one year. The County Building Official may approve two separate one year extensions. At the end of three years, the conditional use permit will expire and the applicant must reapply

Download a copy of the Conditional Use Application Procedures (PDF).