Any use listed as a conditional use in this article shall be permitted only upon application to the zoning administrator and issuance of a conditional use permit by the zoning committee. A conditional use permit shall be issued only upon satisfaction of the requirements listed herein, in addition to all other requirements of this article. All such uses are hereby declared to possess such unique and special characteristics that each specific use shall be considered as an individual case.

(Code 2000, § 38-520; Ord. of 3-19-2002, Art. XX, § 200)

In order to secure evidence upon which to base its determination, the zoning committee may require, in addition to the information required for a zoning permit, the submission of plans of buildings, arrangement of operations, plat of grounds showing location of buildings, stockpiles, equipment storage, fences or screens, specification of operations, parking areas, traffic access, open spaces, landscaping, and pertinent information that may be necessary to determine if the proposed use meets the requirements of this article.

(Code 2000, § 38-521; Ord. of 3-19-2002, Art. XX, § 201)

In passing upon a conditional use permit application, the zoning committee shall consider the following factors:

(1)

The location, nature, and size of the proposed use.

(2)

The size of the site in relation to the proposed use.

(3)

The location of the site with respect to existing or future roads giving access to it.

(4)

Its compatibility with existing uses on land adjacent thereto.

(5)

Its compatibility with the immediate and surrounding environment and the possibility for reclamation, if needed.

(6)

Its impact upon and harmony with the future environment and the future development of the district.

(7)

Existing topographic and drainage features and vegetative cover.

(8)

Its relationship to the public interest and the purpose and intent of this division.

(Code 2000, § 38-522; Ord. of 3-19-2002, Art. XX, § 202; Res. No. 47-17, 6-20-2017)

(a)

Upon consideration of the factors listed in section 38-537, the zoning committee may attach such conditions, in addition to those otherwise specifically listed, that it deems necessary in furthering the purposes of this division. Such conditions may include landscaping, type of construction, sureties, lighting, fencing, planting screens, operational control, period of operation, improved traffic circulation, deed restrictions, or parking requirements necessary to fulfill the purpose and content of this division. Violation of any of these conditions shall be deemed a violation of this division.

(b)

If an applicant for a conditional use permit meets or agrees to meet all of the requirements and conditions specified in the county ordinance or those imposed by the county zoning committee, the county shall grant the conditional use permit. Any condition imposed must be related to the purpose of the ordinance and be based on substantial evidence.

(c)

The requirements and conditions described under subsection (a) of this section must be reasonable and, to the extent practicable, measurable and may include conditions such as the permit's duration, transfer, or renewal. The applicant must demonstrate that the application and all requirements and conditions established by the county relating to the conditional use are or shall be satisfied, both of which must be supported by substantial evidence. The county's decision to approve or deny the permit must be supported by substantial evidence.

(Code 2000, § 38-523; Ord. of 3-19-2002, Art. XX, § 203; Res. No. 1-19, 2-19-2019)

Before issuing a conditional use permit, the zoning committee shall hold a public hearing. Notice of such public hearing specifying the time, place, and matters to come before the committee, and shall be given in the manner that is specified in this article.

(Code 2000, § 38-524; Ord. of 3-19-2002, Art. XX, § 204)

Where a conditional use is granted by the zoning committee and such conditional use does not continue in conformity with the requirement of this division, or with any conditions that were attached to such conditional use at the time of approval, the conditional use permit shall be terminated by action of the zoning committee. If such conditional use continues in conformity with this division and does not violate any of the conditions established at the time of approval or produce a hazard to the surrounding public, then such conditional use shall be allowed to continue. Conditional use approvals which have not been initiated shall expire two years from the date of approval, unless extended by action of the zoning committee.

(Code 2000, § 38-525; Ord. of 3-19-2002, Art. XX, § 205)