The Board of Commissioners or the property owner or its authorized agent may initiate an application for a conditional use permit or a variance. When an agent is authorized to act on behalf of an owner, such certificate of authorization shall be notarized on the application. All applications for conditional use or variance approval shall be submitted to the Zoning Administrator at least thirty (30) days prior to a regularly scheduled Planning and Zoning Commission Meeting on application forms supplied by the Zoning Administrator along with a fee as determined by the Board of Commissioners. Incomplete applications will not be placed on the agenda.

(Ord. of 12-8-2020, § 1(Exh. A))

Applications for conditional uses, other than those submitted by the Board of Commissioners, must be accompanied by the following information:

11.2.1 Eight (8) copies of a written description of the proposal designed to inform the County, in detail, about all aspects of the proposed use and its anticipated impact on the community. The description should include, when pertinent, information on the hours of operation, number of employees, number of dwelling units, vehicle trip ends, noise, water usage, sanitary waste treatment and any other relevant concerns identified by the County or applicant.

11.2.2 Eight (8) copies of preliminary building and site plans drawn to scale showing the following information:

11.2.2.1 Eight (8) copies of surveyed plat signed by a registered surveyor.

11.2.2.2 Project name.

11.2.2.3 Project owner.

11.2.2.4 Date, scale, and north arrow.

11.2.2.5 Vicinity map.

11.2.2.6 Use of adjacent property.

11.2.2.7 Exterior dimensions of the site.

11.2.2.8 Total project acreage.

11.2.2.9 Location, name and width of all existing or proposed streets.

11.2.2.10 Location of all proposed structures.

11.2.2.11 Location of all off-street parking and driveway serving the project.

11.2.2.12 Proposed buffers and/or screening.

11.2.2.13 Location, height, fixture type and wattage of site lighting.

11.2.2.14 Dumpster locations.

11.2.2.15 Rough floor plans, including gross floor area.

(Ord. of 12-8-2020, § 1(Exh. A))

Applications for variances, other than those submitted by the Board of Commissioners, must be accompanied by the following information:

11.3.1 Eight (8) copies of building and/or site plans drawn to scale showing the following information:

11.3.1.1 Property owner.

11.3.1.2 Date, scale and north arrow.

11.3.1.3 Use of adjacent property.

11.3.1.4 Exterior dimensions of the site.

11.3.1.5 Proposed buffers or screening.

11.3.1.6 Exact dimensions of the requested variance with result indicated on the plat.

11.3.1.7 Correspondence from affected adjacent property owners stating their approval is recommended.

11.3.1.8 Building height.

11.3.1.9 The submittal of inaccurate or incomplete information may be cause for denial of the request, or, if said discrepancies are realized after approval of the petition or issuance of the relevant local permits, cause for the revocation of the approval and any related permits by the Board of Commissioners.

(Ord. of 12-8-2020, § 1(Exh. A))

11.4.1 The Zoning Administrator shall prepare information regarding the application for a Conditional Use Permit or a Variance for consideration by the Planning and Zoning Commission at its regularly scheduled meeting.

11.4.2 The Planning and Zoning Commission shall hold one public hearing on the proposed use in accordance with the hearing provisions governing zoning amendments set forth in Article XIII at Section 13.3.9 and 13.3.10, unless the application is submitted by the Board of Commissioners, without a recommendation from the Planning and Zoning Commission, applying the same procedures and notice requirements required for public hearings conducted by the Planning and Zoning Commission. 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. The Planning and Zoning Commission shall forward a report to the Board of Commissioners. The report shall include the Planning and Zoning Commission's recommendation and a summary of the testimony presented at the public hearing on the application.

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 decisions within 60 days of the first regularly scheduled meeting following the Planning and Zoning Commission meeting in which the Planning and Zoning Commission made the recommendation. The Board of Commissioners may return the application to the Planning and Zoning 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 shall consider the following criteria when rendering a decision on an application for a Conditional Use Permit or a Variance if the use is to be approved or approved with conditions where such conditions are necessary to protect the surrounding uses, compatibility thereof, or other conditions necessary to fulfill the purpose of this ordinance:

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.

(Ord. of 12-8-2020, § 1(Exh. A))

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 recommendation by the Planning and Zoning Commission to the Board of Commissioners that all of the following conditions exist:

11.5.1 There are extraordinary and exceptional conditions pertaining to the particular piece of property in question because of its size, shape or topography;

11.5.2 The application of this ordinance to this particular piece of property would create an unnecessary hardship;

11.5.3 Relief, if granted, would not cause substantial detriment to the public good or impair the purposes and intent of this ordinance; and

11.5.4 The special circumstances surrounding the request for a variance are not the result of known acts by the applicant.

(Ord. of 12-8-2020, § 1(Exh. A))

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 conditional use by the Planning and Zoning Commission or Board of Commissioners 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 apply for 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.

(Ord. of 12-8-2020, § 1(Exh. A))

Building permits will not be issued without verification of the variance being recorded in the record of the Board of Commissioners. The variance plat must be recorded within 30 days of the date of approval by the Board of Commissioners.

(Ord. of 12-8-2020, § 1(Exh. A))