Conditional use permits may be issued or transferred for any and only the uses or purposes for which such permits are required or permitted by provisions of this title.

(Ord. 14-01, passed 6-6-2014, Ch. 19, § 1.1)

   (A)   A completed conditional use permit application, along with all supporting documentation, shall be submitted to the Planning Department for review at least 22 days prior to a regularly scheduled Planning and Zoning meeting. The application shall include a written request pertaining to the proposed use.

   (B)   The application shall be accompanied by a complete legal description of the property, maps identifying the property, diagrams, site plans, and a presentation given by the petitioner as prescribed by the County Planning Commission and Office of Planning and Zoning.

(Ord. 14-01, passed 6-6-2014, Ch. 19, § 1.2)

   The applicant shall pay the county the appropriate fee for a conditional use permit as designated in Chapter 21 of this zoning title. These fees shall be utilized to help defray necessary administrative costs of processing the applications as required. Additional costs are required for mailings which are the applicant’s responsibility.

(Ord. 14-01, passed 6-6-2014, Ch. 19, § 1.3)

   Site plans shall be drawn to scale upon substantial paper or cloth and shall be of sufficient clarity to indicate the location, nature, and extent of the work proposed and show in detail that it will conform to the provisions of this title and all relevant laws, ordinances, rules, and regulations. At a minimum they shall include:

   (A)   Setbacks from all property lines, roads, streets, easements and section lines, if applicable;

   (B)   Location of all existing and proposed structures;

   (C)   All incidental uses such as wells, septic tanks, drain fields, waterways, driveways, utilities, existing easements, slopes and the like; and

   (D)   Property lines with dimensions.

(Ord. 14-01, passed 6-6-2014, Ch. 19, § 1.4; Ord. 22-04, passed 4-11-2023)

   Written comments from appropriate officials including, but not limited to, the following:

   (A)   Proposed land uses and specific recreation services to be offered;

   (B)   Proposed and existing signs and locations;

   (C)   Proposed time line of completion of plans;

   (D)   Parking and loading plans pursuant to Chapter 7 of this zoning title;

   (E)   Adjacent land use;

   (F)   Relationship of the proposed development to the surrounding area;

   (G)   A letter from the appropriate fire district in regard to fire protection;

   (H)   A letter from Department of Agriculture and Natural Resources, or county entity regarding the proposed or existing water system;

   (I)   A letter from Department of Agriculture and Natural Resources(DANR) regarding the proposed/existing sewage disposal system or a registered professional engineer with experience in septic system design;

   (J)   A letter from any entity which may have joint jurisdiction over the property;

   (K)   A letter from County Floodplain Administrator’s review of the Federal Emergency Management Agency (FEMA) Flood Insurance Rate Map (FIRM) to determine if the proposed commercial location lies within the designated flood hazard area. If it is determined to be the floodplain area, a professional engineer will have to review the specifics of the property and obtain a development permit and elevation certification; and

   (L)   Other pertinent information, as required, to include, but not be limited to, e.g., outside engineer/plan/inspector review of all plans and drawings; wetland information, streams, geotechnical information, on-site wastewater disposal systems, percolation tests, soil profiles, and the like, solely at the owner’s expense.

(Ord. 14-01, passed 6-6-2014, Ch. 19, § 1.5; Ord. 22-04, passed 4-11-2023)

   (A)   All required yards shall either be open landscaped and green areas or be left in a natural state, and shall be properly maintained in a sightly and well-kept condition.

   (B)   Noise, odor, glare, and vibration shall not be discernible to an objectionable degree beyond the property lines where the condition emanates.

   (C)   Any lights used for exterior illumination shall direct light away from adjoining properties.

   (D)   Smoke, dust, fumes, or gases shall not be emitted at any point in concentrations of amounts that are noxious, toxic, or corrosive.

(Ord. 14-01, passed 6-6-2014, Ch. 19, § 1.6)

   (A)   The Planning Department shall review the completed conditional use permit application for compliance with this title. Any application not containing and/or addressing all the information required in § II-19.002 shall be rejected and returned to the applicant together with the reasons for rejection.

   (B)   If the Planning Department finds the application in compliance with this title, a Planning and Zoning informational meeting will be scheduled for the next regular meeting.

   (C)   An informational meeting will be held in front of the Planning and Zoning Board.

   (D)   After the informational meeting has been held, a public hearing will be scheduled in front of the Planning and Zoning Board.

   (E)   (1)   The Planning Department will prepare the notice of hearing letters and the property owner’s list of those persons who own land within 500 feet of the subject property.

      (2)   The Planning Department will notify the applicant when the property owner’s list and the notice of hearing letters have been prepared. The applicant must send a copy of the notice of hearing letter to each of the property owners on the list by certified mail with return receipt requested. The notice letters must be mailed no less than seven days prior to the date of the public hearing. The white receipts for certified mail must be returned to the Planning Department prior to the date of the public hearing. The green return receipt cards must be returned to the Planning Department prior to the file being closed. These are retained in the Planning Department as part of the official record to document that the required mailings were completed. If the mailing has not been completed as stated herein, the hearing must be continued to the next Planning and Zoning meeting and the applicant shall be required to re-notify the affected property owners of the rescheduled hearing date.

      (3)   The Planning Department shall provide a notice of public hearing sign, which is to be posted by the Planning Department on or near the property involved in the conditional use request in a location with the greatest public visibility. If the property is not adjacent to any public right-of-way, the sign shall be placed at the access point to the property along the nearest public right-of-way. Said sign shall be placed no less than ten days prior to the date of the public hearing before the Planning Commission and shall remain placed until a decision has been made by the County Commission.

   (F)   The Planning Department will submit legal notice to the local newspaper(s). The notice shall state the date the Planning and Zoning Board will review and consider the conditional use permit application.

   (G)   The Planning Department shall create a staff report with recommendations to the Planning and Zoning Board for either approval, approval with conditions, or denial of the application.

   (H)   The Planning and Zoning Board shall consider the conditional use permit application and public comment regarding the application’s technical compliance with this title after receiving and reviewing the Planning Department’s recommendation.

   (I)   The Planning and Zoning Board shall make recommendation to approve, approve with conditions, or deny the conditional use permit application within 30 days of the initial hearing of the application. If the action is to deny the conditional use permit application, the reasons for such action shall be stated in the minutes and specific reference shall be made to the requirements not met.

   (J)   After the Planning and Zoning Board makes recommendation to the County Commission, the Planning Department shall schedule a public hearing in front of the County Commission.

   (K)   The applicant shall be required to re-notify the adjacent property owners in the same manner as listed in division (E) above. The Planning Department will again submit legal notice to the local newspaper(s).

   (L)   Within 45 days of the receipt of the Planning and Zoning Board’s recommendation, the County Commission shall take action to approve or deny the conditional use permit request.

(Ord. 14-01, passed 6-6-2014, Ch. 19, § 1.7; Ord. 15-01, passed 6-5-2015; Ord. 22-04, passed 4-11-2023)

   Considerations are as follows:

   (A)   The conditional use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, or diminishes and impair property values within the immediate vicinity;

   (B)   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;

   (C)   Adequate utilities, access roads, drainage, and other necessary facilities have been or are being provided;

   (D)   For any conditional use, lot and performance standards shall be the same as similar type uses located in specific districts;

   (E)   The applicant shall pay the county the appropriate fee for a conditional use permit as designated in Chapter 21 of this zoning title. These fees shall be utilized to help defray necessary administrative costs of processing the applications as required. Additional costs are required for mailings which are the applicant’s responsibility;

   (F)   Any use permitted under the terms of any conditional use permit shall be established and conducted in conformity with the terms of such permit and of any conditions designated in connection therewith;

   (G)   Degree of consistency of the proposed use with the surrounding area in terms of character and density;

   (H)   Provision for and adequacy of future public education and recreation facilities, public safety, transportation, water supply, sewage disposal, surface drainage, flood control, and soil conservation;

   (I)   The nature, intent, and compatibility of common open space, including the proposed method for the maintenance and conservation of open space;

   (J)   The feasibility and compatibility of the specified stages contained in the preliminary development plan to exist as an independent development; and

   (K)   The conformity and compatibility of the proposed use with the Comprehensive Plan.

(Ord. 14-01, passed 6-6-2014, Ch. 19, § 1.8)

   Bonding may be required to ensure that development is completed within the specified time limits, and in a manner consistent with the plan.

(Ord. 14-01, passed 6-6-2014, Ch. 19, § 1.9)

      (1)   A change in the CUP boundary;

      (2)   Any change in the height, density, setback, or lot coverage development standards, as approved in the development plan; and

      (3)   Any change in the location of a land use depicted on the development plan map.

      (1)   The applicant shall pay the county the appropriate fee for a minor amendment to a conditional use permit as designated in Chapter 21 of this zoning title.

      (2)   These fees shall be utilized to help defray necessary administrative costs of processing the applications as required.

      (3)   Minor amendments to a CUP require a written request including all relevant information. Amendments not meeting the criteria for a major amendment shall be deemed to be minor amendments and may be administratively approved by the Planning Department.

(Ord. 14-01, passed 6-6-2014, Ch. 19, § 1.10)

   If the use permitted under the terms of any conditional use permit has not been started within 12 months of the date of issuance or the date of transfer thereof, said permit shall expire and be canceled by the administrative official. Written notice thereof shall be given to the persons affected, together with the notice that further use or work as described in the canceled permit shall not proceed, unless and until a new conditional use permit has been obtained.

(Ord. 14-01, passed 6-6-2014, Ch. 19, § 1.11)

   The County Commission may, at its discretion, require of the operator a written annual report, on-site review, or attendance at a County Commission meeting, or all of the above, on each anniversary date of the approval of the conditional use permit. The annual report, on-site review, or attendance at a County Commission meeting, or all of the above, shall update the County Commission on the operator’s compliance with the terms, requirements, and conditions stipulated in the approval of the conditional use permit.

(Ord. 14-01, passed 6-6-2014, Ch. 19, § 1.12)

   If the County Planning Director finds that, at any time, the terms, conditions, or requirements of the conditional use permit have not been complied with, or that any phase thereof has not been completed within the time required under the permit or any amendment thereto, the Director shall report this fact to the permittee, landowner, and/or operator, and the County Commission. The County Commission may, after conducting a public hearing, of which the permittee, landowner, and/or operator shall be notified, revoke the conditional use permit for failure to comply with the terms, conditions, or requirements of the permit.

(Ord. 14-01, passed 6-6-2014, Ch. 19, § 1.13)