§ 56-692. Procedures.

(a)

The special uses listed in the districts and this article and their accessory buildings and uses may be permitted by the board in the districts indicated therein, in accordance with the procedure set forth in this section. The special uses listed in the districts and this article are those customarily located in the community. When an appeal is taken to the board upon the denial of an application for an improvement location permit for a use not specifically stated or implied elsewhere in these regulations and not listed the board shall refer the matter of this proposed use to the county board for consideration as an amendment to the regulations.

(b)

Upon receipt of an application for an improvement location permit for a special use by the zoning administrator, it shall be referred to the commission for investigation as to the manner in which the proposed location and character of the special use will affect the comprehensive plan. The commission shall report the results of its study to the board within forty-five days following receipt of the application. If no such report has been filed with the board within this time period, the board may proceed to process the application. The board shall then proceed with a public hearing on the application after having given the same notice of said hearing as required by section 56-986(b). Following the hearing, and upon an affirmative finding by the board that:

(1)

The proposed special use is to be located in a district wherein such use may be permitted;

(2)

The requirements set forth in the district and this article for such special use will be met; and

(3)

The special use is consistent with the spirit, purpose and intent of these regulations, will not substantially and permanently injure the appropriate use of neighboring property, and will not be detrimental to the public convenience and welfare.

The board shall order the zoning administrator to issue an improvement location permit for the special use except in the class of special uses pertaining to regulating the siting of wind energy conversion systems, and solar farms in the county, the county board shall reserve the authority to grant the approval of the class of special uses for wind energy conversion systems, and solar farms.

(c)

An existing use which is listed in this article as a special use, and which is located in a district in which such special uses may be permitted, is a conforming use. Any expansion of such special use involving the enlargement of the buildings, structures and land area devoted to such use shall be subject to the procedure described in this article. However, only one special use permit shall be required for the total mineral extraction land area, including existing and proposed buildings and structures, that were indicated on the approved plan for the plant area as the term is defined in article IV of this chapter. Additional excavation and mining of an existing mineral extraction site shall be construed to be a conforming use.

(Ord. of 12-4-1973, § 24.8; Ord. No. 2006-04, 1-12-2006; Res. No. 2016-09-39, 9-15-2016)