§ 50-328. Approval.

Any use may be authorized by a conditional use permit may be approved by the county board of commissioners only if:

(1)

A proper application has been filed in accordance with the requirements of this chapter not otherwise permitted within a given zoning district;

(2)

A favorable recommendation has been received from the planning commission in accordance with the provisions of article X of this chapter;

(3)

The applicant is in compliance with the particular conditions for the proposed conditional use that is required by this chapter;

(4)

The applicant is in compliance with conditions imposed by the board of commissioners for the purpose of reducing the harmful effects of the use on surrounding uses and assuring compatibility with surrounding uses; and

(5)

The board of commissioners determines that the benefits of and need for the proposed conditional use are greater than any possible depreciating effects and damages to the neighboring properties.

(Ord. of 12-7-2004, art. XV, § 15.1)