Conditional Uses

Section 8.0 Conditional Use

8.1 General Provisions

One of the purposes of this ordinance 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 therein or without restrictions or conditions being imposed by reason of unique problems, the 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 herein.

8.11 Approval Required

  1. Any conditional use listed in this ordinance shall be permitted only when authorized by the County Zoning Committee and subject to its approval. Upon such approval, issuance of a conditional use permit will be granted.
  2. The approval of the conditional use shall expire 12 months from the date of the approval if the conditional use permit has not been obtained.

8.12 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 established character and quality of the area, its physical attractiveness, existing topography, drainage features, erosion potential, vegetative 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 effect resulting from noise, dust, smoke, odor, and other factors.

8.2 Procedure

8.21 Application

Applications for a conditional use 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 9.2 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.

8.22 Fees

The fee for filing of applications for conditional use shall be established by the County Zoning Committee. A copy of the current fee schedule shall be posted in the office of the Zoning Administrator.

8.23 Public Hearing

The Zoning Committee shall schedule a public hearing on the application within 60 days after it is filed, and shall give notice as required in Section 13.2 of this ordinance.

8.24 Recording

When a conditional use has been granted, an appropriate record shall be made of the land use and structures permitted and such use shall be applicable solely to the structures, use and property so described.

8.25 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.

8.26 Permits

When a conditional use has been approved by the Zoning Committee, the property owner shall obtain a permit for such use, in accordance with the requirements of Section 9.2, Land Use Permits.