ARTICLE 10 -  CONDITIONAL USES

 

SECTION 1001   GENERAL POWERS:  The Red Willow County Board of Commissioners may grant conditional uses to property owners for the use of their property in conformance and compliance with the limitations and procedures set forth herein.  Granting of a conditional use shall only allow property owners to put their property to a conditional use if such use is listed among those uses specifically identified in the zoning district in which the subject property is located as a conditional use.  The power to grant conditional uses shall be the exclusive authority of the Board of Commissioners and the Board of Commissioners has formally adopted and shall comply with the following standards and procedures:

 

SECTION 1002   APPLICATION REQUIREMENTS:  A written application and site plan for a conditional use shall be initiated by a property owner or authorized agent of such owner(s) and shall be submitted to the Zoning Administrator on forms prescribed by the Board of Commissioners.  Said application shall be signed by the applicant or the applicant’s authorized agent and the owner of the property on which said conditional use is proposed.  The applicant shall pay any applicable application fee.  Such application shall indicate the Section of this Resolution under which the conditional use is being sought and, at a minimum, shall indicate the following:

 

1002.01                   A legal description of the property on which the proposed conditional use is requested,

including the specific size and dimension of the area on which the proposed conditional   use would be located if less than the total property owned by the applicant;

 

1002.02  The size and locations of all existing and proposed buildings and structures;

 

                                1002.03  A detailed description of the use proposed and the activities involved in such use;

 

1002.04  The location(s) of access to public roadway(s);

 

1002.05  The type and locations of easements effecting the property;

 

1002.06 A description of the provisions made for adequate water supply, sewage disposal, public

 utilities and erosion control;

 

1002.07 The extent and location of parking, loading and refuse disposal and collection facilities;

 

1002.08  The locations of residential dwellings and other non-agricultural land uses within two (2)  miles of the property in question;

 

1002.09  An indication of surface water drainage onto, through and off of the subject property   which would occur after development of the proposed conditional use;

 

1002.10  For commercial, industrial, and waste handling facility uses, a description of how the use

or uses proposed will address the compatibility issues of traffic generation, noise, odor,  dust, radiation or potential air, water or soil pollution or explosion hazards; (For waste handling facilities associated with confined and  intensive animal feeding uses, refer to requirements in Section 501.05 of the this Resolution.)

 

1002.11  Any areas on the property subject to flooding or considered to be a wetland.

 

SECTION 1003   REFERRAL TO PLANNING COMMISSION:  Prior to consideration of a conditional use application, the Board of Commissioners shall refer a conditional use application to the Red Willow County Planning Commission for review, research and recommendation.

 

 

 

SECTION 1004   PLANNING COMMISSION PUBLIC NOTICE:  Prior to consideration of a conditional use  application by the Planning Commission, shall give public notice of a public hearing.  Such notice shall be published in the legal newspaper of general circulation in the County one (1) time at least ten (10) calendar days prior to such public hearing and such notice shall fix the date, time, place and subject of the public hearing.  In addition, a copy of such notice shall also be given to the Chairperson of any municipal, county or any joint planning commission, having jurisdiction over land within three (3) miles of the property effected by the petition.  In the absence of a planning commission, such notice shall be given to the clerks of units of local governments having jurisdiction over land within three (3) miles of the property affected by such action.  A copy of such notice shall be mailed to the applicant and, in addition, a copy of said notice shall be mailed by first class mail to all property owners of record who own property adjacent to the property effected by such action at least ten (10) days prior to the date of such public hearing.  Any party may appear in person or be represented by an agent or attorney at the public hearing and be heard.

 

SECTION 1005  PUBLIC HEARING, CONSIDERATION AND PROCEDURES:  At public hearing, the

Planning Commission shall hear the applicant’s petition and all comments by the public in attendance and shall review the conditional use request in accordance with the requirements set forth in Section 1008 of this Resolution.  The Planning Commission, after review and research of the application, shall act to recommend approval or disapproval the application, provided that if the Commission recommends approval of such application it shall specify conditions and limitations which it recommends to assure compliance with the requirements set forth in Section 1008 of this Resolution.  If the Commission recommends disapproves an application, it shall state the reason(s) for such disapproval.  The recommendations of the Planning Commission, together with recommended conditions of approval or recommended reasons for disapproval shall immediately be forwarded, in writing, by the Zoning Administrator to the County Board of Commissioners for it consideration and the Zoning Administrator shall provide the same written statement to the applicant within seven (7) calendar days of the date of action by the Planning Commission.

 

SECTION 1006   COUNTY BOARD OF COMMISSIONERS PUBLIC NOTICE:  Prior to consideration of a conditional use application, the Board of Commissioners shall give public notice of a public hearing.  Such notice shall be published in the legal newspaper of general circulation in the County one (1) time at least ten (10) calendar days prior to such public hearing and such notice shall fix the date, time, place and subject of the public hearing.  In addition, a copy of such notice shall also be given to the Chairperson of any municipal, county or any joint planning commission, having jurisdiction over land within three (3) miles of the property effected by the petition.  In the absence of a planning commission, such notice shall be given to the clerks of units of local governments having jurisdiction over land within three (3) miles of the property affected by such action.  A copy of such notice shall be mailed to the applicant and,  in addition, a copy of said notice shall be mailed by first class mail to all property owners of record who own property adjacent to the property effected by such action at least ten (10) days prior to the date of such public hearing.  Any party may appear in person or be represented by an agent or attorney at the public hearing and be heard.

 

SECTION 1007 PUBLIC HEARING, CONSIDERATION AND PROCEDURES:  At public hearing, the Board

of Commissioners, shall hear the applicant’s petition, shall review and consider the recommendations of the Planning Commission and all comments by the public in attendance and shall review the conditional request in accordance with the requirements set forth in Section 1008 of this Resolution.  The Board of Commissioners shall act to approve or disapprove the request, provided that if the Board approves such request it shall specify conditions and limitations to assure compliance with the requirements set forth in Section 1008 of this Resolution.  Upon approval of a conditional use, notice of the approval, including all conditions of approval shall be mailed to the applicant within seven (7) calendar days of the date of such approval.  If the Board disapproves a request, it shall state the reason(s) for such disapproval and shall provide a written statement specifying the reason(s) for the disapproval to the applicant within seven (7) calendar days of the date of such disapproval.

 

SECTION 1008 REQUIREMENTS GOVERNING REVIEW AND APPROVAL OF                                             

                                CONDITIONAL USES:  In reviewing any conditional use application, the Planning Commission

and Board of Commissioners shall consider all aspects of the proposed use including, at a minimum, those aspects of use listed below to determine the acceptability of the proposed use and its location.  At the option of the Planning Commission and/or the Board of Commissioners, the Planning Commission and/or Board of Commissioners may request technical support from any public or private agency or entity in the review of any conditional use application.  Such technical support may take any form including, but not limited to technical data and advice, comments or recommendations.  In authorizing any conditional use, the Board of Commissioners shall attach specific conditions, requirements or limitations regarding each aspect of use listed below to assure continued acceptability of the conditional use.  Such conditions shall be made either by reference to a site plan for the proposed use or by attaching specific written statements.  At a minimum, the aspects of acceptability include:

 

1008.01  Both ingress and egress to the property and conditional use thereon and the existing and

proposed buildings and structures thereon is appropriate with particular reference to   automobile and truck safety,  traffic flow, site distance,  roadway and bridge capacities, convenience and access in case of fire or catastrophe;

 

1008.02 Off-street parking, including spaces for handicapped persons, is adequate for the use

 proposed and will not create any safety hazards relative to public roadways;

 

1008.03 Refuse disposal or manure collection and disposal facilities and operations and other

 service facilities are appropriate relative to location, capacity and safety;

 

1008.04 Water supply, sewage disposal facilities or manure collection, storage, treatment and

land application methods are appropriate relative to size, capacity, topography, soil    conditions, water table, flood hazard, location, surface water drainage and, where applicable, are located at least an acceptable distance from the ordinary high water mark of any river, stream or water course to avoid any potential surface water contamination;

 

1008.05  The number, location, size and use of buildings and structures proposed is appropriate

                relative to the size of the site and protection of adjoining properties and scenic views.

 

1008.06  Front, side and rear setbacks meet or exceed the minimum setback requirements of the

                zoning district in which the conditional use is located.

 

1008.07  Provisions to avoid development within any area subject to flooding and / or to avoid

                modification of any wetlands.

 

1008.08 For proposed commercial, industrial and waste handling facility uses, the types of

                 operations to be conducted on the site will not result in inappropriate levels of traffic,

noise, dust, odor, or undue potentials for air, water pollution or explosion hazards or  negative impacts on adjoining and neighboring properties.

 

SECTION 1009   CONDITIONS, SAFEGUARDS AND LIMITATIONS OF USE:  In consideration of any  conditional use application, the Board of Commissioners may prescribe any additional conditions, safeguards or limitations appropriate to assure the compatibility of the conditional use with adjacent lands, with the intent of the zoning district in which such use is to be located, and with the spirit of this Resolution.

 

 

 

SECTION 1010   EXPIRATION OF CONDITIONAL USE AUTHORIZATIONS:  Development of any authorized conditional use shall be commenced within one (1) year of the date of approval of such conditional use by the Board of Commissioners and development of said authorized conditional use shall be completed within two (2) years from the date of approval of such conditional use by the Board of Commissioners or such authorization is automatically revoked.  Development or completion of any conditional use authorization that has been so revoked shall be permitted only after re-application and approval of such conditional use application by the Board of Commissioners, in the manner herein described.