One of the purposes of this chapter is to divide the unincorporated portions of the county into districts within which the use of land and buildings, and the bulk and location of buildings in relation to the land are mutually compatible and substantially uniform. There are certain uses that may be entirely appropriate and not necessarily incompatible with the basic uses permitted in any district, but not at every or any location thereon or without restrictions or conditions being imposed by reason of unique problems that use of its particular location presents from a zoning standpoint, including the impact of those uses upon neighboring land or public facilities, and the public need for the particular use at a particular location. Such uses may be necessary or desirable to be allowed in a particular district, provided that due consideration is given to their location, development and operation. Such uses are hereby classified as conditional uses and are subject to the provisions specified in this article.

(1)

Approvals required.

a.

Any conditional uses listed in this chapter shall be permitted only after receiving the appropriate town board and county zoning committee's approval.

b.

Any person must make a request to the county zoning administrator for a conditional use permit. The zoning administrator shall promptly send the application to the appropriate town board clerk with any or all data the applicant deems pertinent to the situation. The town board shall make a determination and send such determination to either the county zoning administrator or the county zoning committee. The zoning committee will then follow the procedures specified in this article to consider the conditional use application.

c.

In those areas where the appropriate town board and the zoning committee disagree, a mediation board made up of three members shall rule. The membership shall include a town board member, a zoning committee member and any other person agreed upon by the town board and the county zoning committee.

d.

Upon such approvals, issuance of a conditional use permit will be granted.

(2)

Basis of approval. The county zoning committee shall consider the effect of such grant on the health, general welfare, safety and economic prosperity of the county and of the immediate area in which such use would be located, including such considerations as the effect on the established character and quality of the area, its physical attractiveness, existing topography, drainage features, erosion potential, vegetation cover, the prevention and control of water pollution, the location with respect to floodplains and floodways, the movement of traffic and the relationship to existing or proposed roads, the demand for related services, the possible hazardous, harmful, noxious, offensive or nuisance effects resulting from noise, dust, smoke or odor and other factors.

(3)

Conditions which may be required. Upon consideration of the factors listed above, the county zoning committee may attach such conditions, in addition to those required elsewhere in this chapter, that it deems necessary to further the purposes of this chapter. Violation of any of these conditions shall be deemed a violation of this chapter. Such conditions may include, without limitations because of specific enumeration, increased setbacks and yards, specified waste disposal and water supply facilities, landscaping and planting screens, operational controls, sureties and deed restrictions.

(Code 1987, § 17.40)

(a)

Application. Application for a conditional use permit shall be made to the county zoning administrator who shall promptly refer the application to the county zoning committee. In addition to the information required under section 50-301 for a land use permit, the county zoning committee may require the applicant to submit other pertinent data and information necessary to properly evaluate the request. The zoning committee may further request information it deems necessary from the appropriate town board to further evaluate the request.

(b)

Fees. The fee for filing of application for the conditional use permits shall be established by the county zoning committee. A copy of the current fee schedule shall be kept on file in the office of the county zoning administrator.

(c)

Hearing. The county zoning committee shall schedule a public hearing on the application within 30 days after it is filed or in a special situation, which shall be written into the minutes of the committee, may waive the public hearing requirements. Whenever shoreland is involved, a copy of the notice for a public hearing shall be sent to the state department of natural resources at least ten days prior to such hearing.

(d)

Determination. The zoning committee shall report its decision within 90 days after the filing of the application. Its decision shall include an accurate description of the use permitted, of the property on which it is permitted, and all conditions made applicable thereto. In those cases where shorelands are involved a copy of the zoning committee's determination shall be sent to the state department of natural resources within ten days of the rendering of such decision.

(e)

Mapping and recording. When a conditional use permit is granted, an appropriate record shall be made of the land use and building permits, and such grant shall be applicable solely to the structures, use and property so described.

(f)

Termination. Where a permitted conditional use does not continue in conformity with the conditions of the original approval, the conditional use permit shall be terminated by action of the zoning committee.

(Code 1987, § 17.41)