[Zoning Order §9.010, 4-2-2008]
The division of the County into zoning districts is based on the principle that similar conditions prevail throughout a particular district. Some uses of land are not appropriate as a "permitted use" in certain districts and are designated as conditional uses. These uses may be approved at a particular location because of factors or reasons not applicable to the zoning district as a whole. Conditional uses may have a unique impact on the adjoining uses of land and are therefore subject to individualized considerations as to location and conditions of use to protect and promote the basic purposes of this UDO. A conditional use permit is issued by the County Council following the procedures set forth in Article IV, Division 3.
[Zoning Order §9.020, 4-2-2008]
Conditional Uses. Uses for which a conditional use permit is required are listed within this Article and noted as "conditional uses" in Article V, Division 3.
[Zoning Order §9.030, 4-2-2008]
A.
Conditional uses may be approved by action of the County Council after recommendation from the Planning and Zoning Commission using the procedures set forth in Section 400.1140. Conditional uses may be approved with conditions including, but not limited to, requirements for yards, open spaces, buffers, fences, walls and screening; the installation of landscaping and maintenance; provisions for erosion control; requirements for street improvements, dedications, limitations on ingress and egress movements into and out of the site and traffic circulation; limitation on signage; limitation on hours of operation and other characteristics of operation; conditions specifically listed under the individual conditional use and other conditions deemed necessary to insure compatibility with surrounding land uses.
B.
In
considering any application for a conditional use permit, the Planning
and Zoning Commission and County Council may give consideration to
the following minimum criteria, to the extent they are pertinent to
the particular application:
1.
Character of the neighborhood;
2.
Compatibility with adjacent property uses and zoning;
3.
Suitability of the property for which the conditional use is being
requested;
4.
Extent to which the proposed use will negatively impact the aesthetics
of the property and adjoining properties;
5.
Extent to which the proposed use will injure the appropriate use
of, or detrimentally affect, neighboring property;
6.
Impact on the street system to handle traffic and/or parking;
7.
Impact of additional storm water runoff to the existing system or
to the watershed area if no storm sewer is available;
8.
Impact of noise pollution or other environmental harm;
9.
Potential negative impact on neighborhood property values;
10.
Extent to which there is need for the proposed use in the community;
11.
Economic impact upon the community;
12.
Extent to which public facilities and services are available and
adequate to satisfy the demand generated by the proposed use;
13.
Comparison of the benefit gained to the public health, safety and
welfare of the community if approved versus the hardship imposed upon
the landowner if the requested application is denied;
14.
Conformance to the Official Master Plan, current County policies
and ordinances;
15.
Analysis by professional staff; and
16.
Consistency with permitted uses in the area in which the conditional
use is sought.
C.
Conditions
provided in this Article should be utilized for consideration of conditions
when reviewing development plans.
[Zoning Order §9.040, 4-2-2008; Ord. No. 07-30-2008A
§§1 — 2(9.040 C), 7-30-2008]
A.
The
mere issuance of a conditional use permit gives no vested rights to
the permit holder.
B.
A
conditionally permitted use shall vest only if the project is constructed
and the use actually started within the timeframe established within
the conditional use permit.
C.
The
right to continue any conditional use that may have been permitted
prior to the effective date of this UDO shall last only as long as
specified by the conditions of approval, provided that all conditions
of said approval continue to be met. The County Council may, by ordinance,
revoke a conditional use permit.
D.
As
of the effective date of this UDO, any existing permits shall be subject
to the provisions for transferability as set forth in this UDO.
