As the governing body of the county, it is the intention of the board of commissioners to adopt an ordinance enacting uniform policies and procedures to govern the calling and conducting of public hearings relating to the county's various land use ordinances which are now existing or which may be hereafter enacted, including without limitation, those hearings required by the state zoning procedures law.

(Res. No. 2003-02, § 2, 2-11-2003)

The following terms when used in this article shall have the meanings given in this section:

Land use ordinance means any zoning ordinance, the county mobile home/manufactured home and recreational vehicle ordinance adopted January 12, 1988, as heretofore or hereafter amended, the subdivision regulations of the county, adopted December 8, 1987, as heretofore or hereafter amended and any other county land use ordinance which may by its terms provide that this article shall be applicable thereto.

Person means an individual, firm, partnership, corporation, company, association, institution, public official or public body including any trustee, assignee or other representative and including, without limitation, the governing body and the planning commission.

Planning commission means the county planning commission.

Property owner means the person or persons who own property being considered under any land use ordinance.

Zoning administrative officer means the field representative of the planning commission or his designated representative.

Zoning ordinance means any ordinance or resolution of the county, whether now existing or hereafter enacted, which falls within the definition of "zoning ordinance" provided by the zoning procedures law (O.C.G.A. § 36-66-3(5)) or any successor provision thereto, including without limitation, The Zoning Resolution of Banks County, Georgia, adopted April 9, 1991, as hereafter amended or restated from time to time.

Zoning Procedures Law means the state zoning procedures law, O.C.G.A. § 36-66-1 et seq., enacted by 1985 Georgia Laws, page 1139, as amended from time to time.

(Res. No. 2003-02, § 2, 2-11-2003)

Cross reference— Definitions generally, § 1-2.

This article and the policies and procedures contained herein shall apply to all hearings of either the planning commission or the board of commissioners relating to any of the following:

(1)

The adoption of any land use ordinance;

(2)

The adoption of any amendment to or restatement of text of any land use ordinance which changes the text of the ordinance;

(3)

The adoption of any amendment to any zoning ordinance which rezones property from one zoning classification to another;

(4)

The issuance of any conditional use permit under any land use ordinance;

(5)

The grant of any variance under any land use ordinance;

(6)

The adoption of any amendment to or restatement of this article; and

(7)

Any other action requiring a public hearing pursuant to the zoning procedures law.

(Res. No. 2003-02, § 2, 2-11-2003)

(a)

Initiation of changes. The board of commissioners may from time to time, on its own motion, or, in its discretion, upon recommendation of the planning commission or any other person, initiate a proposal to adopt, or to amend or restate the text of, any land use ordinance or to amend or restate this article.

(b)

Submission of proposals. Any proposal to adopt, or to amend or restate the text of, any land use ordinance or to amend or restate this ordinance which the board of commissioners initiates shall be submitted by the board of commissioners to the county's zoning administrative officer who shall submit the proposal to the planning commission for its review and recommendation.

(c)

Receipt of proposals. Upon receipt of any such proposal from the board of commissioners, the zoning administrative officer, after consultation with the chairman of the board of commissioners and the chairman of the planning commission, shall set dates, times and places for holding a public hearing before the planning commission and a public hearing before the board of commissioners to consider the proposed action. The public hearing of the planning commission shall be commenced first, and promptly after the conclusion thereof, the planning commission shall make its recommendation regarding the proposed action to the board of commissioners. In the event the planning commission fails to take official action regarding its recommendation to the board of commissioners within ten days after the date that the public hearing of the planning commission is concluded, or in the event that the planning commission fails to conclude its public hearing on the matter and take official action regarding its recommendation within 60 days after the date the proposal is initiated by the board of commissioners, the planning commission shall be deemed to have made a recommendation against the proposed change. Subject to the notice requirements set out below, the public hearing of the board of commissioners may be commenced at any time and may be concluded at any time after the earlier to occur of (i) the date the planning commission has taken official action regarding its recommendation, or (ii) a date which is 60 days after the date the proposal is initiated by the board of commissioners. No final action may be taken by the board of commissioners until after both (i) the planning commission has taken official action regarding its recommendation or is deemed to have made a recommendation on the proposed change and (ii) the public hearing of the board of commissioners has been concluded. If the board of commissioners fails to make a decision within 60 days after the date of the commencement of the public hearing before the board of commissioners, the proposed change shall be deemed to have been defeated.

(d)

Notice of public hearings. After the date, time and place for a public hearing has been set, the zoning administrative officer shall cause notice of the hearing to be published at least one time in a newspaper of general circulation in the county at least 15 days but not more than 45 days prior to the date of the public hearing. Such published notice shall include, as a minimum, the purpose, location, date and time of the public hearing.

(Res. No. 2003-02, § 2, 2-11-2003)

(a)

Authority to file applications. The board of commissioners, the planning commission or any property owner may file an application for an amendment of the official zoning map of a zoning ordinance to rezone a particular parcel or parcels, for a conditional use permit under a land use ordinance relating to a particular parcel, or for a variance under any land use ordinance which provides for variances; provided, however, that in the event of (i) final action by the board of commissioners to deny any such application, or (ii) the withdrawal of such application after any public hearing before either the planning commission or board of commissioners has been commenced relating thereto, then the same property may not again be considered for rezoning, conditional use permit or variance, as the case may be, under the applicable land use ordinance, and an application relating thereto may not be again filed, until the expiration of six months following the defeat of the application by the board of commissioners or the withdrawal, as the case may be.

(b)

Procedure for applications. Each application shall contain all of the information required by the applicable land use ordinance, shall be accompanied by such other information reasonably related to the matter as may be called for by such ordinance or requested by the zoning administrative officer, planning commission or board of commissioners, shall be accompanied by any required filing fee, and shall be filed with the zoning administrative officer. Applicants shall submit to the zoning administrative officer such number of copies of the materials as may be required by the land use ordinance or the zoning administrative officer for distribution to the planning commission, board of commissioners and any other applicable bodies and/or review agencies. No application under this section shall be deemed filed until the zoning administrative officer has made a preliminary determination that the application is complete, and has certified in writing that the application has been accepted for filing, which certification shall include the date the application has been accepted for filing.

(c)

Call of public hearings. Upon acceptance of an application for filing, the zoning administrative officer, after consultation with the chairman of the board of commissioners and the chairman of the planning commission, shall set dates, times and places for holding a public hearing before the planning commission and a public hearing before the board of commissioners to consider the application. The public hearing of the planning commission shall be commenced first, and promptly after the conclusion thereof, the planning commission shall make its recommendation regarding the proposed action to the board of commissioners. In the event the planning commission fails to take official action regarding its recommendation to the board of commissioners within ten days after the date that the public hearing of the planning commission is concluded, or in the event that the planning commission fails to conclude its public hearing on the application and take official action regarding its recommendation within 60 days after the date the application is accepted for filing by the zoning administrative officer, the planning commission shall be deemed to have made a recommendation against the application. Subject to the notice requirements set out below, the public hearing of the board of commissioners may be commenced at any time and may be concluded at any time after the earlier to occur of (i) the date the planning commission has taken official action regarding its recommendation, or (ii) a date which is 60 days after the date of the acceptance of the application for filing. No final action may be taken by the board of commissioners until after both (i) the planning commission has taken official action regarding its recommendation or is deemed to have made a recommendation on the application and (ii) the completion of the public hearing of the board of commissioners. If the board of commissioners fails to make a decision within 60 days after the date of commencement of the public hearing before the board of commissioners, the application shall be deemed to have been denied unless the applicant has consented in writing to an extension of the deadline, in which event the 60-day period shall be deemed to be extended to the date provided in the written consent of the applicant.

(d)

Notice of public hearings.

(1)

After the date, time and place of a public hearing has been set, the zoning administrative officer shall cause notice of such hearing to be published at least one time in a newspaper of general circulation in the county at least 15 days but not more than 45 days prior to the date of the public hearing. Such published notice shall include, as a minimum, the purpose, location, date and time of the public hearing, the location of the property being considered, the present zoning classification of the property, and the proposed action to be taken, as appropriate, such as proposed zoning classification, type of conditional use, variance to particular provisions of the applicable land use ordinance, and so forth.

(2)

In the case of an application by a property owner, the zoning administrative officer shall also cause to have posted in a conspicuous location on the property under consideration one or more signs, each of which shall contain the information specified for published notices. A public hearing shall not take place until such sign has been posted for at least 15 days prior to the date of the public hearing.

(3)

In the case of an application by a property owner, the zoning administrative officer shall, as a matter of courtesy, give notification of the application by regular mail to all abutting property owners as shown by county tax records prior to the planning commission public hearing which shall include a description of the application and the date, time and place of the public hearing. This notification requirement shall be deemed met upon the mailing of the notice to persons listed on the county tax records as owners of abutting property at the addresses shown on the county tax records, regardless of whether the notice is actually received and regardless of whether ownership of abutting property has changed.

(4)

When a proposed zoning decision relates to or will allow the location or relocation of a halfway house, drug rehabilitation center, or other facility for treatment of drug dependency, a public hearing shall be held on the proposed action. Such public hearing shall be held at least six months and not more than nine months prior to the date of final action on the zoning decision. The hearing required by this subsection shall be in addition to any hearing required under subsection (c) of section 1605. The local government shall give notice of such hearing by: (1) Posting notice on the affected premises in the manner prescribed by section 1605(d)(2) hereof; and (2) Publishing in a newspaper of general circulation within the territorial boundaries of the local government a notice of the hearing at least 15 days and not more than 45 days prior to the date of the hearing. Both the posted notice and the published notice shall include a prominent statement that the proposed zoning decision relates to or will allow the location or relocation of a halfway house, drug rehabilitation center, or other facility for treatment of drug dependency. The published notice shall be at least six column inches in size and shall not be located in the classified advertising section of the newspaper.

(Res. No. 2003-02, § 2, 2-11-2003; Ord. No. 2023-13, § 1, 9-26-2023)

The zoning administrative officer will, as appropriate, customarily submit to the recommending and/or decision making body, prior to a scheduled public hearing, copies of the materials submitted by the applicant and any other information deemed relevant by the zoning administrative officer along with a written recommendation for approval, disapproval, modification, deferral or withdrawal or such other recommendation as the zoning administrative officer shall deem appropriate. Such recommendation shall include reasons for the recommendation considered within the context of the appropriate criteria as provided by the applicable land use ordinance. The recommendation of the zoning administrative officer shall have an advisory effect only and shall not be binding on the planning commission or the board of commissioners. Copies of the zoning administrative officer's recommendations shall be made available to the applicant and other interested parties upon completion and distribution to the appropriate bodies and at the public hearings.

(Res. No. 2003-02, § 2, 2-11-2003)

After holding its public hearing, completing its studies of the particular application, and making its decision, the planning commission shall submit its recommendation in writing to the board of commissioners. The planning commission may submit any additional report it deems appropriate. Unless otherwise provided by the applicable land use ordinance, the recommendation of the planning commission shall have an advisory effect only and shall not be binding on the board of commissioners. Copies of the planning commission's recommendation and reports shall be made available to the applicant and other interested parties upon completion and distribution to the board of commissioners and, when available, at the public hearing before the board of commissioners.

(Res. No. 2003-02, § 2, 2-11-2003)

All public hearings held by either the planning commission or the board of commissioners to which this article applies shall be held in accordance with the procedures of this division.

(Res. No. 2003-02, § 2, 2-11-2003)

The presiding officer shall open the public hearing by stating the matter being considered at the hearing. At this time the presiding officer may summarize the public hearing procedures.

(Res. No. 2003-02, § 2, 2-11-2003)

The zoning administrative officer will present a description of the proposal, any applicable background material, his recommendation regarding action on the proposal, as appropriate, and any recommendations and reports of the planning commission as appropriate.

(Res. No. 2003-02, § 2, 2-11-2003)

Persons who support the proposal will be asked to comment first. The person initiating the proposal or his designated agent (the proponent) may, upon recognition and upon statement of name, address and relationship to the matter, present and explain the proposal. The proponent shall be required to attend the public hearing unless written notice of hardship is received prior to the hearing. Failure of the proponent to attend the public hearing, except in cases of hardship, may be due cause for dismissal or denial of such application. The proponent shall have the burden of proof, which shall include the presentation of evidence and the burden of persuasion of each factor necessary to receive approval of the board of commissioners. After completion of the presentation of the proponent, other persons who support the proposal will be asked to comment, and will be allowed to speak in support of the proposal upon recognition and upon identification of the person's name, address, and relationship to the matter.

(Res. No. 2003-02, § 2, 2-11-2003)

Persons who oppose the proposal will next be asked to comment. All interested persons, after being recognized, and providing their names, addresses and relationship to the matter shall be afforded an opportunity to address the proposal.

(Res. No. 2003-02, § 2, 2-11-2003)

The proponent shall have an opportunity for summary remarks and rebuttal concerning the proposed application.

(Res. No. 2003-02, § 2, 2-11-2003)

The presiding officer, in his discretion, may impose time limitations on comments of each person, and may require that each person (other than any county official or his agent) who desires to speak sign in at the beginning of the meeting and indicate whether such person will be speaking for or against the proposal. No less than ten minutes shall be permitted for all those speaking in support of the proposed zoning decision and no less than ten minutes shall be permitted for those speaking against the proposed zoning decision.

(Res. No. 2003-02, § 2, 2-11-2003)

All public comments having been heard, the members of the body considering the application may discuss the matter among themselves. During this discussion period, the members of the body may call on the proponent or other persons to clarify points made previously, to answer questions or to provide additional information. Such persons may respond upon recognition.

(Res. No. 2003-02, § 2, 2-11-2003)

Public hearings may be delayed, rescheduled or continued to another time and date, provided announcement is given at the time and place of the scheduled hearing, of the new time, place and date of the public hearing, which announcement shall constitute public notice for the hearing. Upon conclusion of the hearing, the presiding officer shall adjourn the hearing.

(Res. No. 2003-02, § 2, 2-11-2003)

The presiding officer or the applicant may require that any public hearing be transcribed by a court reporter provided that such person has made arrangements with the court reporter to have the court reporter attend and transcribe the hearing. All costs of any court reporter shall be borne by the applicant.

(Res. No. 2003-02, § 2, 2-11-2003)

(a)

The applicant, zoning administrative officer, planning commission and board of commissioners should review an application for a zoning map amendment with regard to the following criteria:

(1)

The existing uses and zoning of nearby property and whether the proposed zoning will adversely affect the existing use or usability of nearby property.

(2)

The extent to which property values are diminished by the particular zoning restrictions.

(3)

The extent to which the destruction of property values promotes the health, safety, morals or general welfare of the public.

(4)

The relative gain to the public, as compared to the hardship imposed upon the individual property owner.

(5)

The physical suitability of the subject property for development as presently zoned and under the proposed zoning district.

(6)

The length of time the property has been vacant, considered in the context of land development in the area in the vicinity of the property, and whether there are existing or changed conditions affecting the use and development of the property which give supporting grounds for either approval or disapproval of the rezoning request.

(7)

The extent to which the proposed zoning will result in a use which will or could cause excessive or burdensome use of existing streets, transportation facilities, utilities, schools, parks, or other public facilities.

(8)

Whether the proposed zoning will create risk of adverse environmental effects to the community, including, without limitation, air pollution, surface water contamination or ground water contamination.

(9)

Whether the proposal will create risks that uses with nuisance characteristics will occur.

(10)

Whether the proposed zoning will adversely affect property values of others.

(11)

Whether the zoning proposal is in conformity with the policy and intent of the comprehensive plan, land use plan, or other adopted plans.

(b)

The zoning administrative officer, planning commission, and board of commissioners are authorized to require such special studies relating to the above factors as they reasonably deem relevant, including without limitation, for such matters as noise, air particulate matter, odor, surface water or groundwater contamination, radiation, or other environmental or nuisance considerations. The board of commissioners may approve the application for rezoning provided that it has determined that under the criteria set out in this section the rezoning is appropriate and has determined that the benefits of and need for the rezoning are greater than any possible depreciating effects and damages to neighboring properties or other parts of the county.

(Res. No. 2003-02, § 2, 2-11-2003)

(a)

The applicant, zoning administrative officer, planning commission and board of commissioners should review applications for conditional uses with regard to the following criteria:

(1)

Whether off-street parking and loading facilities are adequate in terms of location, amount and design to serve the proposed use.

(2)

Whether the number, size and type of signs proposed are compatible with the surrounding area.

(3)

Whether the proposed use will have compatibility with existing uses of adjacent land and the surrounding area and will not cause or create or be likely to cause or create, adverse effects upon the existing or future development of either the area or the rest of the county.

(4)

Whether ingress and egress to the property is suitable and safe and the effect of the proposed activity on traffic flow along adjoining streets is not adverse.

(5)

Whether the location and intensity of outdoor lighting is such that it does not cast light on adjacent, adjoining or neighboring properties.

(6)

Whether hours and manner of operation of the proposed use are inconsistent with adjacent and nearby uses.

(7)

Whether existing public facilities and utilities are capable of adequately serving the proposed use.

(8)

Whether the proposed use will have a significant adverse effect on the level of property values or the general character of land uses in the surrounding area or the county.

(9)

Whether the physical conditions of the site, including size, shape, topography and drainage, are suitable for the proposed development.

(10)

The existing uses and zoning of nearby property and whether the proposed use will adversely affect the existing use or usability of nearby property.

(11)

The extent to which property values of the applicant are diminished by the inability to take advantage of the potential use.

(12)

The extent to which the destruction of property values of the applicant promotes the health, safety, morals or general welfare of the public.

(13)

The relative gain to the public, as compared to the hardship imposed upon the individual property owner.

(14)

The physical suitability of the subject property for development for other possible uses in the zoning district.

(15)

The length of time the property has been vacant, considered in the context of land development in the area in the vicinity of the property, and whether there are existing or changed conditions affecting the use and development of the property which give supporting grounds for either approval or disapproval of the conditional use.

(16)

The extent to which the proposed use will or could cause excessive or burdensome use of existing streets, transportation facilities, utilities, schools, parks, or other public facilities.

(17)

Whether the proposed use will create risks of adverse environmental effects to the community, including, without limitation, air pollution, surface water contamination or groundwater contamination.

(18)

Whether the proposed use has nuisance characteristics.

(19)

Whether the proposed use is in conformity with the policy and intent of the comprehensive plan, land use plan, or other adopted plans.

(b)

The zoning administrative officer, planning commission, and board of commissioners are authorized to require such special studies relating to the above factors as they reasonably deem relevant, including without limitation, for such matters as noise, air particulate matter, odor, surface water or groundwater contamination, radiation, or other environmental or nuisance considerations, for conditional use applications.

(c)

The board of commissioners may approve the issuance of a conditional use permit provided that it has determined that under the criteria set out above the use is appropriate and has determined that the benefits of and need for the proposed use are greater than any possible depreciating effects and damages to neighboring properties or other parts of the county.

(Res. No. 2003-02, § 2, 2-11-2003)

The applicant, zoning administrative officer and planning commission should review applications for variances with regard to the following criteria: The grant of such variance from the terms of the county zoning regulations will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of such regulations will, in an individual case, result in unnecessary hardship, so that the spirit of the regulations shall be observed, public safety and welfare secured, and substantial justice done. The existence of a nonconforming use or conditional use of neighboring land, buildings or structures in the same zoning district or of permitted uses, conditional uses or nonconforming uses in other zoning districts shall not constitute a reason for the requested variance. A variance may be granted in an individual case of unnecessary hardship, after appropriate application and public hearings as set forth in this article, upon specific findings that all of the following conditions exist, with the absence of any one of the conditions being grounds for denial of the application for variance:

(1)

There are extraordinary and exceptional conditions pertaining to the particular piece of property in question because of its size, shape or topography that are not applicable to other land or structures in the same district;

(2)

A literal interpretation of the provisions of these regulations would create an unnecessary hardship and would deprive the applicant of rights commonly enjoyed by other property owners within the district in which the property is located;

(3)

Granting the variance requested will not confer upon the property of the applicant any special privileges that are denied to other properties of the district in which the applicant's property is located;

(4)

Relief, if granted, will be in harmony with the purpose and intent of these regulations and will not be injurious to the neighborhood or the health or general welfare of the public in such a manner as will interfere with or discourage the appropriate development and use of other property or unreasonably affect its value;

(5)

The special circumstances are not the result of the actions of the applicant;

(6)

The variance requested is the minimum variance that will make possible the legal use of the land, building, or structure; and

(7)

The variance is not a request to permit a use of land, building or structures which are not permitted by right in the district involved.

(Res. No. 2003-02, § 2, 2-11-2003)

After the procedures called for under the this article have been completed, the board of commissioners may take action to approve or deny the request or take any other action permitted by this article or consented to by the applicant.

(Res. No. 2003-02, § 2, 2-11-2003)

The zoning administrative officer and planning commission may recommend, and the board of commissioners may approve, applications for zoning map amendments, conditional use permits, variances and other applications under these regulations subject to certain conditions, provided that the conditions are set forth in the ordinance relating to the approval of the application. The conditions of approval may reduce the number or type of allowed uses, limit the nature or scope of allowed uses, restrict certain activities on the property, restrict the number and kind of improvements which may be made on the property, stipulate specific acts which the property owner will perform, or mandate any other conditions related to the physical use of land and which are designed to render the proposed zoning or use appropriate when considered in light of the criteria set out in this article.

(Res. No. 2003-02, § 2, 2-11-2003)

A.

The special use permit is designed to be used when:

1.

A unique use not addressed in any zoning district is desired for development and is not likely to be duplicated within Banks County; or

2.

A nonconforming use exists in a zoning district under the Zoning Resolution of Banks County that has been in existence for a number of years and needs to expand at its present location; and,

3.

The special use would be consistent with the needs of the neighborhood or the community as a whole, be compatible with the neighborhood and would not be in conflict with the overall objective of the Banks County Comprehensive Plan (Paragraph 3 applies to [subsections] 1 and 2 above).

B.

In order to accommodate these special uses, the special use permit allows the board of commissioners to approve a special use on a particular parcel without changing the general zoning district. Such approval shall be subject to the requirements set forth above and any additional conditions deemed necessary to ensure the compatibility of the special use with the surrounding properties.

C.

All special use permit applications shall be for firm development proposals only. The special use permit shall not be used for securing early zoning for conceptual proposals which may not be undertaken for some time.

D.

A special use permit application shall be considered only if it is made by the owner of the property or his/her designated agent.

E.

An application for a special use permit shall follow the same procedures as set forth in the Banks County Zoning Ordinance for an application for rezoning (i.e., application filed with Banks County Planning Department, public hearing after advertisement before the Banks County Planning Commission, recommendation by the Banks County Planning Commission to the Banks County Board of Commissioners, public hearing after advertisement before the Board of Commissioners of Banks County and approval or denial by the Board of Commissioners of Banks County). The special use for which a special use permit is granted shall commence operations or construction within 12 months of the date of approval by the board of commissioners. If the use for which the special use permit was issued is discontinued for nine continuous months, the special use permit shall terminate.

F.

The minimum requirements for a special use permit are:

1.

In addition to the information and/or site plans which are required to be submitted for the proposed development, additional information deemed necessary by the Banks County Planning Department in order to evaluate a proposed use and its relationship to the surrounding area shall be submitted.

2.

If an application is approved and a special use permit is granted, all conditions which may have been attached to the approval are binding on the property. All subsequent development and use of the property shall be in accordance with the approved plan and conditions.

3.

Changes to a special use, or development of a site for the special use, shall be treated as an amendment to the special use permit and shall be subject to the same application and review process as a new application.

4.

Upon approval by the board of commissioners, a special use permit shall be identified on the Official Zoning Map of Banks County.

5.

Upon approval by the board of commissioners of a special use permit, the owner of the property shall be issued a notice from the Banks County Planning Department which states the specific use permitted, the requirements of this section and any conditions attached to the approval.

6.

The Banks County Planning Department shall not issue a certificate of occupancy for the specific use unless all requirements and conditions of the special use permit have been fulfilled by the owner of the property.

G.

The applicant, zoning administrative officer, planning commission and governing authority will review applications for special uses with regard to the following criteria:

1.

Whether off-street parking and loading facilities are adequate in terms of location, amount and design to serve the proposed use.

2.

Whether the number, size and type of signs proposed are compatible with the surrounding area.

3.

Whether the proposed use will have compatibility with existing uses of adjacent land and the surrounding area and will not cause or create or be likely to cause or create, adverse effects upon the existing or future development of either the area or the rest of the county.

4.

Whether ingress and egress to the property is suitable and safe and the effect of the proposed activity on traffic flow along adjoining streets is not adverse.

5.

Whether the location and intensity of outdoor lighting is such that it does not case light on adjacent, adjoining or neighboring properties.

6.

Whether hours and manner of operation of the proposed use are inconsistent with adjacent and nearby uses.

7.

Whether existing public facilities and utilities are capable of adequately serving the proposed use.

8.

Whether the proposed use will have a significant adverse effect on the level of property values or the general character of land uses in the surrounding area or the county.

9.

Whether the physical conditions of the site, including size, shape, topography and drainage, are suitable for the proposed development.

10.

The existing uses and zoning of nearby property and whether the proposed use will adversely affect the existing use or usability of nearby property.

11.

The extent to which property values of the applicant are diminished by the inability to take advantage of the potential use.

12.

The extent to which the destruction of property values of the applicant promotes the health, safety, morals or general welfare of the public.

13.

The relative gain to the public, as compared, to the hardship imposed upon the individual property owner.

14.

The physical suitability of the subject property for development for other possible uses in the zoning district.

15.

The length of time the property has been vacant, considered in the context of land development in the area in the vicinity of the property, and whether there are existing or changed conditions affecting the use and development of the property which give supporting grounds for either approval or disapproval of the conditional use.

16.

The extent to which the proposed use will or could cause excessive or burdensome use of existing streets, transportation facilities, utilities, schools, parks, or other public facilities.

17.

Whether the proposed use will create risks of adverse environmental effects to the community including, without limitation, air pollution, surface water contamination or ground water contamination.

18.

Whether the proposed use has nuisance characteristics.

19.

Whether the proposed use is in conformity with the policy and intent of the comprehensive plan, land use plan, or other adopted plans. The zoning administrative officer, planning commission, and governing body are authorized to require such special studies relating to the above factors as they reasonably deem relevant including without limitation, for such matters as noise, air particulate matter, odor, surface or ground water contamination, radiation or other environmental or nuisance considerations, for conditional use applications. The governing body may approve the issuance of a special use permit provided that it has determined that under the criteria set out above the use is appropriate and has determined that the benefits of and need for the proposed use are greater than any possible depreciating effects and damages to neighboring properties or other parts of the county.

(Res. No. 2013-25, § 2(Exh. A), 12-10-2013)