ZONING ORDINANCE - Stark County, North Dakota

c) The Planning and Zoning Commission shall hold public hearings on
applications for variances from the provisions of this Ordinance and make
written recommendations to the Commission for the approval, denial,
modification, and/or the imposition of conditions upon such applications.
d) The Planning and Zoning Commission shall report all zoning violations to
the Commission for appropriate action.
8.3 Conditional Use Permits
The development and administration of this Ordinance is based on the division of the county
into districts within which the uses of land and buildings are mutually compatible.
However, there are certain uses which, because of their unique characteristics cannot be
classified as unrestricted permitted uses in any particular district or districts without
consideration in each particular case of the impact of those uses upon adjoining lands or
public facilities. Such uses, nevertheless, may be necessary or desirable in a particular
district provided that due consideration is given to location, development and operation of
such uses.
1) In order to promote and protect public health, safety and the general welfare, the
Planning and Zoning Commission may stipulate conditions and restrictions upon the
establishment, location, construction and operation of the proposed use. In all cases
in which conditional uses are granted, the Planning and Zoning Commission shall
prior to issuance of a certificate of compliance, require evidence of compliance with
these provisions and with the conditions set forth.
2) No conditional use permit shall be recommended by the Planning and Zoning
Commission or approved by the Commission unless the applicant shall have met all
the following criteria:
a) The establishment, maintenance, or operation of the conditional use shall not
be detrimental to or endanger the public health, safety, comfort or general
welfare.
b) The proposed conditional use shall not substantially impair or diminish the
value and enjoyment of other property in the area.
c) The proposed conditional use shall not impede the normal orderly
development of the surrounding property.
d) Adequate utilities, access roads, drainage or other necessary site
improvements have been or are being provided to accommodate the proposed
conditional use.
e) Adequate measures will be taken to provide ingress and egress to the
property without adverse effects on the adjoining properties and traffic
congestion in the public street.
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