Conditioning Use Procedure

  1. Fill out an application. A $100.00 fee is required.
  2. Opinion surveys are prepared by the Zoning Officer. Opinion Surveys are sent to neighbors on each side of the property and residents of the neighborhood and/or owners of property affected within 300 feet in villages and within 1 ½ miles in rural areas.
  3. A LESA Study by the Soil & Water Conservation District may be required when agricultural land is involved.
  4. The Planning Commission meets (second Thursday, 7:30 PM)
  5. A “Notice of Public Meeting” is published in a local newspaper 15 days prior to the meeting with Board of Appeals. The Zoning Officer prepares the notice and sends it to the newspapers and the bill is sent to the person requesting the conditional use.
  6. The Zoning Board of Appeals holds a public meeting (first Tuesday, 7:30 PM) and grants or denies the conditional use.

Section 9. Administration A. Board of Appeals (d) To grant conditional use permits:

To hear and decide upon applications for conditional use permits specifically listed in the district regulations of this ordinance. Before issuance of permit for any conditional use, the Board of Appeals shall refer the proposed application to the commission, which commission shall be given 30 days in which to make an advisory report regarding the effect of such proposed building or use upon the character of the neighborhood, traffic conditions, public utility facilities, and other matters pertaining to the public health, public safety, or general welfare. No action shall be taken upon any application for a proposed building or use above referred to until or unless the report of the commission has been filed provided, however, that if no report is received from the commission within 30 days, it shall be assumed that approval of the application has been given by the commission. Before authorizing the issuance of such a conditional use permit, the Board of Appeals shall hold a public meeting in the area of the use after duly advertising the meeting in a newspaper of general circulation in the County at least 15 days in advance of the meeting and may impose such conditions as will, in its judgment, insure that: The establishment, maintenance, or operation of the conditional use will not be detrimental to or endanger the public health, safety, morals, comfort, or general welfare.

The conditional use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted nor substantially diminish and impair property values within the neighborhood.

The establishment of the conditional use will not impede the normal and orderly development and improvement of surrounding property for uses permitted in the district.

Adequate utilities, access roads, drainage, and/or other necessary facilities will be provided.

Adequate measures will be taken to provide ingress and egress so designed as to minimize traffic congestion in the public streets. The conditional use shall in all other respects conform to the applicable regulations of the district in which it is located and the Board of Appeals shall find that there is a public necessity for the conditional use.