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Document Dallascountyiowa_doc_9757bd293f_1

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CONDITIONAL USE Petition DALLAS COUNTY OFFICE of PLANNING and DEVELOPMENT 907 Court Street I Adel, IA 50003 I [PHONE REDACTED] I [EMAIL REDACTED] DATE: TO: DALLAS COUNTY BOARD of ADJUSTMENT The Undersigned is the (owner / owner’s agent) of the following described property located in the unincorporated area of Dallas County, Iowa Application Materials To be considered you must submit the following: 1. Completed Petition 2. Check for $275 made out to Dallas County Planning & Development* 3. Site plan showing property lines, proposed and existing building locations, setbacks, and any other items as special conditions may warrant, and as determined by the Director of Planning & Development. *Payment of fee does not guarantee approval; no refunds will be made for items not approved Description of Conditional Use Request (Please use the lines below to describe the proposed Conditional Use. If necessary, please attach additional description) Legal Description of Property (If necessary, please attach additional description) (E-911 Address) (City/Post Office) (Subdivision Name) (Lot Number) (Township Name) (Section Number) (PIN) (Zoning District) Petitioner Information (Please provide the contact information of the Petitioner[s]) (Name) (Mailing Address/P.O. Box) (City/Post Office) (State) (Zip) (Phone) Home Work Mobile (Email Address) Agent Information (This is the person[s] acting on behalf of the Petitioner [if applicable]) (Company/Name) (Mailing Address/P.O. Box) (City/Post Office) (State) (Zip) (Phone) Home Work Mobile (Email Address) ---PAGE BREAK--- CONDITIONAL USE Petition DALLAS COUNTY OFFICE of PLANNING and DEVELOPMENT 907 Court Street I Adel, IA 50003 I [PHONE REDACTED] I [EMAIL REDACTED] Section 45.09.(3.)(C.)(i-xi) C. Conditions To Authorization. In granting any conditional use permit, the Board of Adjustment may prescribe such restrictions and conditions with respect to the permitted use as the Board deems reasonable to further the objectives of this Ordinance. No conditional use permit shall be granted by the Board of Adjustment unless the Board first finds all of the following conditions to exist: i. Surrounding Area. The value and qualities of the area (or neighborhood) surrounding the conditional use are not substantially injured, and the establishment of a conditional use will not impede the normal and orderly development and improvement of surrounding undeveloped property for uses predominant in the area. In reviewing and acting upon each application for a conditional use permit, the Board shall each give due consideration to the proximity of the proposed use to public parks, schools, licensed day care facilities, dwellings and residential districts, and commercial and industrial areas targeted for development by the comprehensive plan and land use policies of the County. ii. Infrastructure. Adequate utilities, access roads, drainage, and other necessary facilities have been or are being provided. iii. Intent of Ordinance. The conditional use is consistent with the intent and purpose of this Ordinance to promote public health, safety, and general welfare. iv. Nuisance Factors. Adequate measures have been or will be taken to prevent or control offensive odor, fumes, dust, noise, and vibration, so that none of these will constitute a nuisance and to control lighted signs and other lights in such a manner that no disturbance to neighboring properties will result. v. Comprehensive Plan. The conditional use is not inconsistent with the comprehensive plan and land use policies of the County. vi. Time. The Board shall determine whether or not the conditional use shall be limited in duration and/or hours of operation. The terms of the conditional use permit shall specify any such limitation. vii. Environmental Review. The Board shall require reasonable measures to control noise, odor, and dust adequately and to prevent the operation from posing an environmental risk for neighboring properties or waterways. The terms of the conditional use permit shall specify any such required measures. If an environmental review by the Conservation Department is required under any ordinances or regulations, the Board shall consider all recommendations included in the review before determining the appropriate environmental protections. viii. Landscaping. Appropriate landscaping berms and buffers are included if necessary to minimize the impact of the conditional use on adjacent property. ix. Financial Guarantees. The Board shall determine whether or not the conditional use permit applicant should be required to submit a plan to restore the property once the conditional use has terminated, and provide for the funding of said restoration. If the Board requires such a plan, then the conditional use permit may not be granted until such time as the plan has been submitted to the Board and approved. x. Cumulative Impact. The Board shall make a determination that the proposed use would not cause a significant adverse cumulative impact when considered together with other uses previously permitted by conditional use permit. While the impact of a single use permitted by conditional use permit may be deemed acceptable by the Board, the location of more than one conditional use in close proximity to another conditional use may have the potential of causing a significant adverse cumulative impact in the neighborhood. xi. Report by County Engineer. All applications for conditional use permit shall be submitted to the County Engineer for review. The County Engineer shall submit a report on the impact of the proposed use on roads and other infrastructure matters prior to the public hearing before the Board on the application, and prior to the public hearing before the Planning and Zoning Commission if one is required. The Board may require reasonable measures to be taken by the applicant to address the impact on roads and other infrastructure matters. The terms of the conditional use permit shall specify any such required measures. ---PAGE BREAK--- CONDITIONAL USE Process DALLAS COUNTY OFFICE of PLANNING and DEVELOPMENT 907 Court Street I Adel, IA 50003 I [PHONE REDACTED] I [EMAIL REDACTED] Staff Review Advertise Revisions Staff Review Advertise Action of Board of Adjustment Submit Application Materials 1. Completed Petition 2. Fee Payment $275 3. Description of Proposed Conditional Use 4. Site Plan Planning & Zoning Commission Public Hearing Board of Adjustment Public Hearing: Minimum of Two Weeks After P&Z Commission Application Effective Upon Required Revisions & Recording