Questions to ask when challenging a "CONDITIONAL USE" at its public hearing!


It is important to bring all questions forth at the hearing and that you get a full answers to your questions so that it becomes public record. Do not accept partial, vague or the "we will check and get back to you" answers. Demand that your questions be answered clearly, there, and then.

Be sure to bring neighbors, friends, relatives and experts on the topic of the conditional use. And if financially feasibly, bring a lawyer knowledgeable in conditional use hearings.

Ask what exactly are they going to do on or with the property,

in great detail (ex. for a "topsoil quarry" will they bring soil or other things from other locations to be processed, what will they do with the rocks they dig up, the trees they cut down what equipment will be used on site and how many of each, what traffic will it generate, will they burn vegetation and or trees, what will they do to prevent dust and runoff, will they drill a water well, how much water will be used per day, what sanitation will be available, will they blast, what chemicals are used, how close to adjoining properties will they or their equipment work, what safety provisions will be put in place or implemented, when will operations end and in what condition will they leave the property.)?

 

Some conditions you can request to be set:

  1. The times of the conditional use operations based on the noise levels generated, do they have to start at 7 a.m. or could they start at 9 a.m. to allow nearby neighbors to sleep beyond 7 a.m.?

  2. Do they have to be a seven day operations or only a Monday to Friday operation?

  3. What are the noise levels at outer edges of conditional use property in decibels?

  4. What noise reducing barriers will they use?

  5. How many months or years, will they need to complete?

  6. What type of dust mitigation will be used?

  7. How will they prevent erosion.

Conditions and Violations

  • What conditions are being imposed?

  • Who can override the conditions imposed (state, county, federal or agencies of one of the aforementioned)?

  • Who is going to monitor these conditions for violations?

  • Exactly what penalties are set for each violation?

  • Are the penalties progressive to the point of canceling the "conditional use"?

  • How are the penalties enforced and by who?