Community & Economic Development (Planning & Zoning)

Conditional Use Permit

CONDITIONAL USE PERMIT APPLICATION
REVIEW CRITERIA AND APPLICATION REQUIREMENTS SUMMARY

INSTRUCTIONS AND DOCUMENTATION REQUIRED

The Woodbury County Zoning Ordinance Section 2.02-9-C requires the following documentation to be submitted as part of a conditional use permit application.

Specific description of the proposed conditional use.
Mapping drawn to scale showing the subject property, all structures and other improvements with the proposed conditional use identified thereon.
A statement in response to the standards and other considerations for approval of the conditional use within Section 2.02-9-F of the Woodbury County Zoning Ordinance.
A certified abstractor's listing of the names and mailing addresses of all owners of real property lying within 500 feet of the subject property, except that in the case of a conditional use to allow an airport or a sanitary landfill, or construction of a telecommunication tower, the certified abstractor's listing shall include a listing of the names and mailing address of all owners of real property lying within one (1) mile of the subject property.
A filing fee of $300.00 payable to the Woodbury County Treasurer. The owner(s)/applicant(s) shall pay the additional costs associated with the processing, printing, and the mailing of notifications of the public hearings when the number of mailings required exceeds 30. The owner(s)/applicant(s) shall pay the additional costs of the legal publication notice(s) in newspaper(s) when the fees exceed $100.00.

APPLICATIONS RECEIVED WITHOUT ALL THE AFOREMENTIONED DOCUMENTATION WILL BE RETURNED.

CONDITIONAL USE PERMIT PROCESS

Application is filed with the Community and Economic Development Office (Application Deadline: 1st Day of the Month).
Application is placed upon the Zoning Commission agenda for review and a recommendation (4th Monday of the Month).
Zoning Commission submits findings and recommendation report to the Board of Adjustment.
The Board of Adjustment holds a public hearing (1st Monday of the Month).
The Board of Adjustment renders decision on conditional use permit application based upon the standards and other considerations in the Zoning Ordinance (Section 2.02-9.F).

STANDARDS AND OTHER CONSIDERATIONS

STANDARD #1

The conditional use requested is authorized as a conditional use in the zoning district within which the property is located and that any specific conditions or standards described as part of that authorization have been or will be satisfied.

STANDARD #2

The proposed use and development will be in harmony with the general purpose and intent of this ordinance and the goals, objectives and standards of the general plan.

STANDARD #3

The proposed use and development will not have a substantial or undue adverse effect upon adjacent property, the character of the neighborhood, traffic conditions, parking, utility facilities, and other factors affecting the public health, safety and general welfare.

STANDARD #4

The proposed use and development will be located, designed, constructed and operated in such a manner that it will be compatible with the immediate neighborhood and will not interfere with the orderly use, development and improvement of surrounding property.

STANDARD #5

Essential public facilities and services will adequately serve the proposed use or development.

STANDARD #6

The proposed use or development will not result in unnecessary adverse effects upon any significant natural, scenic or historic features of the subject property or adjacent properties.

OTHER CONSIDERATION #1

The proposed use or development, at the particular location is necessary or desirable to provide a service or facility that is in the public interest or will contribute to the general welfare of the neighborhood or community.

OTHER CONSIDERATION #2

All possible efforts, including building and site design, landscaping and screening have been undertaken to minimize any adverse effects of the proposed use or development.

LIMITATIONS

The Board of Adjustment may set a time limit for establishment of the use authorized by a conditional use permit as a condition for approval. If the use has not been established within that time, the Board of Adjustment may consider revocation of the conditional use permit.
If the use or development for which the conditional use permit was granted ceases to exist for a period of ninety days, the certificate of occupancy shall be terminated. The use or development shall not be reinstated unless the Board of Adjustment issues another conditional use permit.

APPEAL OF THE ACTIONS OF THE BOARD OF ADJUSTMENT

Any interested party may appeal a decision of the Board of Adjustment as provided by the Code of Iowa. Such an appeal suspends the effect of the action of the Board of Adjustment until the appeal has been resolved.