16.1.1 An applicant for a conditional use permit shall file an application on forms provided by the Zoning Administrator. The grant or denial of a conditional use permit shall follow the procedures for a rezoning, as specified in Sections 15.3 through 15.7, unless modified by the provisions of this Article, provided that notice of the public hearing shall be provided to the owner of the property that is the subject of the application by mail at least 30 days prior to the public hearing, and the sign and published notice shall be posted at least 30 days prior to public hearing.

16.1.2 Any use which may be authorized by a Conditional Use Permit may be approved by the Bartow County Commissioner only if, in the exercise of the Commissioner's legislative discretion, he finds that:

(A)

A proper application has been filed in accordance with the requirements of the Ordinance;

(B)

A recommendation has been received from the Planning Commission in accordance with the provisions of Article XV;

(C)

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

(D)

The use is consistent with the purposes and intent of this Ordinance; and

(E)

After considering the application and the facts, and the Standards for making a zoning decision contained in Sec. 15.9 of this Ordinance, the Commissioner determines that the Standards are satisfied such that the benefits of and need for the proposed conditional use outweigh any possible harmful effects, negative impacts, or damages to the neighboring properties or the County in general.

16.1.3 In compliance with Federal law, if the conditional use is requested by a place of worship or church, in connection with the exercise of religion, the Planning Commission and Commissioner shall additionally consider whether the regulation imposes a substantial burden on the exercise of religion, whether the regulation serves a compelling governmental interest, whether the denial is the least restrictive means to serve that interest, or whether the conditional use can be granted without harming that interest.

16.1.4 If the conditional use is related to a Group Home for Persons with a Disability, the Board shall additionally consider what reasonable accommodations in this Ordinance can be made to provide persons with a disability equal opportunities to use and enjoy dwellings, while not abrogating the purposes of this Ordinance. Any reasonable accommodation should only relate to the disability.

(Ord. of 7-21-2021(4); Ord. of 8-10-2022(2), § III)

The Commissioner shall consider all evidence in the record in making his decision. This Ordinance is automatically a part of the record in each case, as is the entire application file. The Commissioner shall have the power to table the application for further information to be presented, or to remand the application to the Planning Commission if new information has been presented that they have not considered. The Commissioner shall have the power to grant, deny, or grant with further specific conditions imposed.

(Ord. of 7-21-2021(4))

Hearings on conditional use permits shall follow the procedures of hearings on rezoning amendments, except as modified below:

16.3.1 The applicant shall have up to 15 minutes to present his case, and submit all evidence and witnesses for the record, and opponents shall have equal opportunity to present their case. The applicant can request additional time if voluminous evidence is to be submitted, and may be granted at the discretion of the Commissioner. Equal time shall be allowed to the opponent. The County, as represented by the Zoning Administrator or his designee, or the County Attorney or his designee, shall have the right and equal time to present any witnesses and evidence into the record it chooses.

16.3.2 The applicant or his attorney shall have a right to cross-examine any witnesses in opposition to the application, and one representative or attorney of the opponents shall have a similar opportunity to cross-examine the witnesses. The County shall also have a similar opportunity to cross-examine all witnesses.

16.3.3 The Commissioner may question any witness, or request further information and table a decision for one month to await additional information or evidence. The Commissioner may also request expert reports or studies relating to the request, and shall similarly table the application in such cases. An application may only be tabled one time without the consent of the applicant.

16.3.4 The hearing shall be recorded in some fashion and that recording preserved for sixty (60) days after the decision, or during the pendency of any appeal that is filed in superior court.

(Ord. of 7-21-2021(4))

Appeals of a decision to deny or grant a conditional use permit shall be taken within thirty (30) days of the decision by filing an appeal in superior court, pursuant to law.

(Ord. of 7-21-2021(4))

An application for a conditional use which has been denied shall not be resubmitted for a period of twelve (12) months.

(Ord. of 7-21-2021(4))