In considering whether to approve a conditional
use permit, the Board shall consider the following standards:
A. The conditional use shall not tend to change the character
and established pattern of development of the area of the proposed
use.
B. The conditional use shall be in harmony with and shall
not adversely affect the use and enjoyment of surrounding properties.
C. The conditional use shall be in accord with the polices
expressed in the Comprehensive Plan of the County and with the intent
of this chapter.
D. The conditional use shall not adversely affect the
natural character and environment of the County.
E. The conditional use permit shall be approved only
if adequate facilities, roads, safe access and drainage are provided.
F. The conditional use shall conform with all applicable
regulations of the district in which it is located.
In granting a conditional use permit, the Board
of Supervisors may place appropriate conditions on the permit. Such
conditions shall be considered to be a part of the requirements of
this chapter. Violations of the established conditions shall constitute
violations of this chapter. The conditions established as a part of
the approval of a conditional use permit may be modified only through
the full application procedures described in this section. Conditions
which may be placed on the conditional use permit may include but
need not be limited to conditions which address the following issues:
A. Length of time or duration of the permit.
C. Guaranties or bonds to insure timely compliance with
the imposed conditions.
D. Size and location of the building or use or lot, including
setback and yard requirements.
E. Appearance or maintenance of the building or use.
F. Prevention of smoke, odors, fumes, dust, noise, traffic
congestion or flooding.
H. Access to the site, including the location and number
of access points.
I. Road improvements, including increasing road widths.
J. Numbers of parking or loading spaces and design of
parking or loading areas.
K. Number, size, location, lighting and character of
signs.
M. Fencing, buffers and screening.
N. Outdoor operations and storage.
O. Limits on occupancy or numbers of employees.
P. Density or intensity of the use.
S. Stormwater management and other environmental protections.
T. Methods of providing for sewage disposal and water
supply.
U. Preservation and protection of trees, woodlands, streams
or other natural features.
V. Site plan and other plan requirements.
W. Limitations on the use of the land.
X. Limitations on the type of housing provided.
Y. Limitations on the density or intensity of the use.
Z. On-site or off-site sewer or water improvements.
AA.
On-site or off-site drainage improvements.
BB.
On-site or off-site road, entrance or driveway
improvements.
CC.
Requirements concerning the phasing or timing
of development.
DD.
The dedication of land for planned roads or
for facilities identified in the Frederick County Capital Improvements
Plan.
EE.
The construction of planned roads or necessary
road improvements.
FF.
The construction of facilities identified in
the Frederick County Capital Improvements Plan.
GG.
The expiration of the use following the sale or transfer of
the property from the current owner(s).
[Added 11-13-2019]
HH.
The expiration of the conditional use permit if the use is not
established within 24 months of approval.
[Added 11-13-2019]
Procedures for applying for and approving a conditional use permit shall be the same as the procedures described for applying for and approving a rezoning as described in Article
I of this chapter.
[Amended 12-9-1992]
Every application or reapplication for a conditional
use permit shall be accompanied by a fee in the amount as set by resolution
of the Board of Supervisors from time to time, to cover the costs
of advertising and other expenses connected with the processing of
a petition or application or reapplication. Every application or reapplication
for a conditional use permit shall be signed by the landowner and
the applicant if the applicant is not the landowner.
The Zoning Administrator may require that the
application for a conditional use permits be accompanied by a site
plan meeting some or all of the site plan requirements of this chapter.
Plans may be required in order to provide sufficient information to
allow full consideration by the Planning Commission and Board of Supervisors.
After approval of a conditional use permit by
the Board of Supervisors, any change in the use for which the conditional
use permit was granted shall require a new conditional use permit
following the procedures set forth in this Part 103. Upon application,
the Zoning Administrator may allow the minor expansion or intensification
of the use in question without a new conditional use permit. Such
minor expansion shall be allowed only so long as no conditions placed
on the permit nor any other requirements of this chapter are violated.
The Board of Supervisors may, by resolution,
initiate the revocation of any active conditional use permit. The
consideration of the revocation shall proceed following the procedure
set forth for approving a new conditional use permit. Following recommendation
by the Planning Commission, the Board may revoke an active conditional
use permit for the following reasons:
A. Failure to establish or discontinuance of the approved
conditional use. If the approved conditional use has not been established
within two years of its approval or if it has been discontinued for
two years, the conditional use permit may be revoked.
B. Repeated or continuing violations of this chapter,
including violations of the conditions placed on the permit.
C. Fraudulent, false or misleading information supplied
by the applicant in applying for the conditional use permit.