Conditional Use Permit
What is a Conditional Use Permit and when should one be approved?
For each zoning district, the Zoning Ordinance lists certain uses that are allowed by right, and other uses that may be allowed under a Conditional Use Permit. The Board of Zoning Appeals has the discretion to allow the use or not, depending on the location and other factors. If it allows the use, the board has the discretion to impose conditions on the permit to protect the public health, safety and welfare.
In deciding whether to grant a Conditional Use Permit, the Board of Zoning Appeals considers the following factors:
“… use will not adversely affect the health, safety or welfare of persons residing or working on the premises or in the neighborhood, will not unreasonably impair an adequate supply of light and air to adjacent property, nor increase congestion in the streets, nor increase public danger from fire or otherwise unreasonable affect public safety, nor impair the character of the district or adjacent districts, nor be incompatible with the general plans and objectives of the official land use plan of the county, nor be likely to reduce or impair the value of buildings or property in surrounding areas …” Zoning Ordinance 24-116 .
In deciding what conditions to impose on a permit, the Board of Zoning Appeals considers the following factors:
“In those instances where the board finds that the proposed use may be likely to have an adverse effect as above, the board shall determine whether such effect can be avoided by the imposition of any special requirements or conditions with respect to location, design, construction, equipment, maintenance or operation in addition to those expressly stipulated in this chapter for the particular class of use…” Zoning Ordinance 24-116 .