10/1980-12/1980 Zoning Ordinance

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shall be according to policies established by the Committee. (g) Standards: No application for a conditional use shall be granted by the Zoning Committee unless such Committee shall find all of the following conditions are present: 1. That the establishment, maintenance, or operation of the conditional use will not be detrimental to or endanger the public health, safety, Comfort, or gen- eral welfare. 2. That the uses, values and enjoyment of other property in the neighborhood for purposes already permitted shall be in no foreseeable manner substantially impaired or diminished by establishment, maintenance or operation of the con- ditional use. 3. That the establishment of the conditional use will not impede the normal and orderly development and improvement of the surrounding property for uses per- mitted in the district. 4. That adequate utilities, access roads, drainage and other necessary site improve- ments have been or are being provided. 5. That adequate measures have been or will be taken to provide ingress and egress so designed as to minimize traffic congestion in the public streets, and 6. That the conditional use shall conform to all applicable regulations of the dis- trict in which it is located. (h) Conditions and Guarantees: Prior to the granting of any conditional use, the Zoning Committee may stipulate such conditions and restrictions upon the esta- blishment, location, construction, maintenance, and operation of the conditional use as deemed necessary to promote the public health, safety, and general welfare of the community, and to secure compliance with the standards and requirements specified in subsection (g) above. In all cases in which conditional uses are granted, the Committee shall require such evidence and guarantees as it may deem necessary as proof that the conditions stipulated in connection therewith' are -. being and will be complied with. (i) Appeal from action by Zoning Committee: An appeal from the decisions of the Zoning Committee may be taken to the 'County Board by the applicant of the conditional use or by the owners of 50 percent or more of the property within 300 feet of the parcel affected. Such appeal must specify the grounds thereof in respect to the finding of the Zoning Committee and must be filed with the office of the Zoning Supervisor within 30 days of the final action of the Zoning Committee. The Zoning Supervisor shall transmit such appeal to the County Clerk who shall file such appeal with the County Board. The County Board shall fix a reasonable time for the hearing of the appeal, and give public notice thereof as well as due notice to the parties in interest, and decide the same within a reasonable time. The action of the Zoning Committee shall be deemed just and equitable unless the County Board by a favorable vote of three-fourths of the members of the County Board reverses or modifies the action of the Zoning Committee. (j) Effect of denial of application: No application for a conditional use which has been denied wholly or in part by the Zoning Committee shall be re-submitted for a period of one year from the date of said denial, except on' the:grounds of new evi- dence or proof of change of conditions found to be valid by the Zoning Committee. (k) In any case where a conditional use permit, issued under this ordinance, has not been instituted or construction begun within one year of the date of approval, with- out further action by the Committee shall be null and void. (1) Revocation of a Conditional Use Permit: If the Zoning Committee then finds that the standards in subsection 10.255 (2) (g) and the conditions stipulated therein are not being complied with, the Committee after a public hearing as provided in 10.255 (2) (e) (f) may revoke the conditional use permit. Appeals from the action of the Zoning Committee may be as provided in 10.255 (2) (i) . (m) Abandoned Conditional Uses: Any use, for which a conditional use permit has been issued, upon its cessation or abandonment for a period of one year, will be deemed to have been terminated and any future use shall be in conformity of this ordinance. (3) STATEMENT OF PURPOSE: Conditional rezonings are authorized as provided herein to enable adaptation of zoning to unique circumstances regarding particular sites, uses or neighbor- hoods when the county has not had sufficient experience with the type of use in question to lead to treatment of the use as a conditional use. - 47 -