Greene County |
Code of Ordinances |
Part II. CODE OF ORDINANCES |
Appendix B. ZONING |
Article XI. CONDITIONAL USES AND VARIANCES |
§ 11.4. Procedures.
11.4.1
The Zoning Administrator shall prepare information regarding the petition for consideration by the Planning Commission at its regularly scheduled meeting.
11.4.2
The Planning Commission shall hold one public hearing on the proposed use in accordance with the hearing provisions governing zoning amendment set forth in Article XIII at Section 13.3.9 and 13.3.10. The Planning Commission shall then review the report and conduct a comprehensive review of the proposed use or variance request and forward a recommendation to the Board of Commissioners. Said recommendation may be to approve, approve with condition, or deny the request.
11.4.2.1
Not less than (15) days, and not more than forty-five (45) days prior to the date of the public hearing, the Zoning Administrator shall advertise the date, time, place and purpose of the public hearing in a newspaper of general circulation in Greene County. The notice shall also include the location of the property, the conditional use sought if the petition seeks a conditional use and the nature of the variance sought if the petition seeks a variance.
11.4.3
The Board of Commissioners shall issue its findings within 100 days of the first regularly scheduled meeting following the Planning Commission meeting in which the Planning Commission made the recommendation. The Board of Commissioners may return the application to the Planning Commission or the department, or both, for further study or it may approve the application. In addition, the board may approve the application with conditions or it may deny the application. Further, the board may allow the application to be withdrawn with or without prejudice. All actions of the Board of Commissioners shall be deemed to be effective as of the date of the action.
11.4.4
In determining the compatibility of a conditional use with adjacent properties and the overall community, the Board of Commissioners must make the following findings if the use is to be approved or approved with conditions:
11.4.4.1
Adequate provision is made by the applicant to reduce any adverse environmental impacts of the proposed use to an acceptable level;
11.4.4.2
Vehicular traffic and pedestrian movement on adjacent streets will not be substantially hindered or endangered;
11.4.4.3
Off-street parking and loading, and the entrance to and exit from such parking and loading, will be adequate in terms of location, amount and design to service the use;
11.4.4.4
Public facilities and utilities are capable of adequately serving the proposed use;
11.4.4.5
Granting the request would not be an illogical extension of a use which would intrude a damaging volume of agricultural, commercial, industrial, or high density apartment use into a stable neighborhood of well-maintained single-family homes, and likely lead to decreasing surrounding property values, neighborhood deterioration, spreading of blight, and additional requests of a similar nature which would expand the problem;
11.4.4.6
Granting the request would not lead to congestion, noise and traffic hazards or overload public facilities current or planned;
11.4.4.7
Granting this request would conform to the general expectations for the area population growth and distribution according to the Comprehensive Land Use Plan;
11.4.4.8
Granting this request would not lead to a major negative change in existing levels of public service, government employees or fiscal stability; and
11.4.4.9
Granting this request would not have a "domino effect," in that it becomes the opening wedge for further rapid growth, urbanization or other land-use change beyond what is indicated in the Comprehensive Land Use Plan.
11.4.4.10
A variance may be authorized for specific individual cases where the literal enforcement of the provisions of this ordinance will result in unnecessary hardship as long as the variance, if granted, is not contrary to the public interest, and public safety and welfare remain secured.
Variances may be granted in such individual cases of practical difficulty or unnecessary hardship only upon a finding by the Planning and Zoning Board that all of the following conditions exist:
11.4.4.10.1
There are extraordinary and exceptional conditions pertaining to the particular piece of property in question because of its size, shape or topography;
11.4.4.10.2
The application of this ordinance to this particular piece of property would create an unnecessary hardship;
11.4.4.10.3
Relief, if granted, would not cause substantial detriment to the public good or impair the purposes and intent of this ordinance; and
11.4.4.10.4
The special circumstances surrounding the request for a variance are not the result of known acts by the applicant.
11.4.4.11
Unless otherwise noted, the site plan submitted in support of an approved conditional use or variance shall be considered part of the approval and must be followed.
Approval of a proposed use by the County Commission does not constitute an approval for future expansion of or additions or changes to the initially approved operation. Any future phases or changes that are considered significant by the County Zoning Administrator and not included in the original approval are subject to the provisions of this Article and the review of new detailed plans and reports for said alterations by the governing authority. The applicant for a conditional use must obtain a construction and building permit, if applicable, within one year. The County Building Official may approve two separate one year extensions. At the end of three years, the conditional use permit will expire and the applicant must reapply.
11.4.4.12
Building permits will not be issued without verification of the variance being recorded. The variance plat must be recorded within 30 days of the date of approval by the Board of Commissioners.