§ B. Application procedures and considerations.

(1)

An application for a land use permit shall be submitted on forms provided by the planning and zoning division as provided for in this ordinance, and shall be advertised in the same manner as applications for rezoning. Public hearings will be held in the same manner as applications for rezoning are conducted. All applications shall be accompanied by an application fee as established by the board of commissioners.

(2)

In no event shall the governing authority grant a land use permit for a period of time in excess of 24 months except on re-application, re-advertisement, and public hearing.

(3)

The applicant or operator must reside full time at the residence where the land use permit is granted if the property is located in a platted subdivision.

(4)

If the application is for use of a portion of a business for residential use, the proprietor or landlord must reside thereon.

(5)

The governing authority shall consider, at a minimum, the following in its determination of whether or not to grant a land use permit:

(a)

Safety, health, welfare and moral concerns involving the surrounding neighborhood;

(b)

Parking and traffic considerations;

(c)

Number of non-related employees;

(d)

Number of commercial and business deliveries;

(e)

The impact of the business on the surrounding neighborhood as it relates to increased noise, traffic, pollution, safety, and general welfare of the area;

(f)

Whether the proposed business is compatible with existing conditions in the neighborhood;

(g)

The hours of operation;

(h)

Existing business uses in the vicinity;

(i)

Circumstances surrounding neighborhood complaints;

(j)

Type of use and intensity of proposed business; and

(k)

Location of use within the neighborhood.