Conditional Use Permit Hearings

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What to Expect during a Conditional Use Permit Hearing

 

Conditional Use Permits are allowed for particular uses in specific zoning districts.  The uses and districts are enumerated in Table 16.32-1  (Zoning District Uses) of the Unified Development Ordinance.  All Conditional Use Permits require a Site Plan Review prior to the Public Hearing at the Zoning Board of Appeals.  Site Plan Reviews address your site plan's compliance with a number or County regulations and should alert you to any issues or potential problems before the zoning hearing.  (See the Site Plan Review page for more information.)

 • The Zoning Board of Appeals Chairman opens the hearing and explains procedures.

 • All persons who will ask questions or speak shall be sworn-in, under oath.

 • Petitioner gives an opening statement and testimony. 
Note: If an attorney is representing you, the attorney typically makes the opening statement, and the attorney may call the petitioner as a witness and ask him or her a series of questions.

 • The Standards of Approval should be covered now or during questions. 

Approval Standards for Conditional Use Permits  —  The Zoning Board of Appeals will evaluate the application, based upon the evidence presented at the public hearing, pursuant to the applicable standards: Approval Standards for Conditional Use Permits. No conditional use permit may be granted unless the Zoning Board of Appeals and County Board makes specific written findings that the request meets each of the standards imposed by this section. These standards are as follows:

      1.   That the petitioner has demonstrated the ability to meet any applicable standards contained in Chapters 16.56 (Use Standards) and 16.60 (Site Development Standards).
      2.   That the site shall be so situated that the proposed use is compatible with the existing or planned future development of the area.
      3.   That the establishment, maintenance, or operation of the conditional use shall not be detrimental to or endanger the public health, safety, morals, comfort or general welfare of the neighboring vicinity.
      4.   That the conditional use shall not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted.
      5.   That the conditional use shall not substantially diminish and impair property value within the neighborhood.
      6.   That adequate utilities, access roads, drainage, and other necessary facilities have been or are being provided.
      7.   That adequate measures have been or will be taken to provide ingress and egress so designed as to minimize traffic congestion and hazard on public streets.
      8.   That the conditional use shall, in all other respects, conform to the applicable regulations of the zoning district in which it is located.
      9.   That the conditional use is reasonably in the interest of the public welfare.
      10.   That adequate measures will be taken to provide protection to groundwater recharge and groundwater quality.

 • The Zoning Board members will ask questions of the Petitioner.

 • Members of County staff and/or the public may ask questions (but not make statements) of the Petitioner.

 • When the Chairman allows, members of County staff and/or the public may make statements about the petition.

 • The Petitioner has the final chance to respond and make a closing statement.

 • The Chairman will continue or close the public hearing (i.e. the fact-gathering session).

 • The Chairman may open a Voting meeting or set a future date for one.

 • During the Voting meeting, Zoning Board members will discuss the facts of the case, may propose conditions-of-approval, and may vote to approve, approve with conditions, or to deny a petition.

The public hearing is concluded at the end of the Zoning Board Voting meeting and recommendation.  The case will then be forwarded to the County Board for final reviewing.  The case will be heard in the Planning, Environment, and Development committee, then the Committee of the Whole, and finally by the full County Board for a vote.

Complete and detailed information on procedures is contained in the Unified Development Ordinance under § 16.20.040  Conditional Use Permits


Related Links

Arrow-R-trspt-blu-20x20  Building and Development Codes

Arrow-R-trspt-blu-20x20  Fee Schedule  Adobe-icon-15x15 

Arrow-R-trspt-blu-20x20  How to File a Zoning Petition

Arrow-R-trspt-blu-20x20  Interactive Zoning Map


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