A. 
Certain uses in each zoning district are listed as being allowed with a conditional use permit. Because of their particular nature, such uses must be separately considered to protect the health, safety and welfare of the residents of the County and to avoid adverse impacts on surrounding properties.
B. 
The Board of Supervisors shall approve or disapprove, as a legislative function with recommendation from the Planning Commission, requests for conditional use permits.
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.
B. 
Periodic renewal.
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.
G. 
Lighting of the site.
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.
L. 
Landscaping.
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.
Q. 
Building height.
R. 
Hours of operation.
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.[1]
[1]
Editor's Note: Former Subsection GG, which immediately followed this subsection and dealt with cash contributions for road improvements or planned facilities, was repealed 6-9-1993.
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]
[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.