CONDITIONAL USES AND VARIANCES
All petitions for conditional use or variance approval shall be submitted to the zoning administrator at least 20 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 city council. Incomplete applications will not be placed on the agenda. Applications for conditional uses or variance must be accompanied by the following information:
(1)
Conditional use.
a.
Three copies of a written description of the proposal designed to inform the City of Greensboro, 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 City of Greensboro or the applicant.
b.
Three copies of preliminary building and site plans drawn to scale showing the following information:
1.
Three copies of surveyed plat signed by a registered surveyor.
2.
Project name.
3.
Project owner.
4.
Date, scale, and north arrow.
5.
Vicinity map.
6.
Use of adjacent property.
7.
Exterior dimensions of the site.
8.
Total project acreage.
9.
Location, name and width of all existing or proposed streets.
10.
Location of all proposed structures.
11.
Location of all off-street parking and driveway serving the project.
12.
Proposed buffers and/or screening.
13.
Location, height, fixture type and wattage of site lighting.
14.
Dumpster locations.
15.
Rough floor plans, including gross floor area.
(2)
Variance. Three copies of building and/or site plans drawn to scale showing the following information:
a.
Property owner;
b.
Date, scale and north arrow;
c.
Use of adjacent property;
d.
Exterior dimensions of the site;
e.
Proposed buffers or screening;
f.
Exact dimensions of the requested variance with result indicated on the plat;
g.
Correspondence from affected adjacent property owners stating their approval is recommended;
h.
Building height;
i.
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 city council.
(Zoning Ord. 2007, §§ 11.1—11.3)
(a)
The zoning administrator shall prepare information regarding the petition for consideration by the planning commission at its regularly scheduled meeting.
(b)
The planning commission shall hold a public hearing on the proposed use in accordance with the notice and hearing provisions for zoning amendment. The planning commission shall then review the inspector's report and conduct a comprehensive review of the proposed use and forward a recommendation to the City of Greensboro. Said recommendation may be to approve, approve with condition, or deny the request.
(c)
The city council shall issue its findings within 40 days of the receipt of the planning commission recommendation. The city council may approve, approve with conditions, or deny the request.
(d)
In determining the compatibility of a conditional use with adjacent properties and the overall community, the city council must make the following findings if the use is to be approved or approved with conditions:
(1)
Adequate provision is made by the applicant to reduce any adverse environmental impacts of the proposed use to an acceptable level;
(2)
Vehicular traffic and pedestrian movement on adjacent streets will not be substantially hindered or endangered;
(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;
(4)
Public facilities and utilities are capable of adequately serving the proposed use;
(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;
(6)
Granting the request would not lead to congestion, noise and traffic hazards or overload public facilities current or planned;
(7)
Granting this request would conform to the general expectations for the area population growth and distribution according to the comprehensive land use plan;
(8)
Granting this request would not lead to a major negative change in existing levels of public service, government employees or fiscal stability; and
(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.
(10)
Variances.
a.
A variance may be authorized for specific individual cases where the literal enforcement of the provisions of this chapter 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.
b.
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:
1.
There are extraordinary and exceptional conditions pertaining to the particular piece of property in question because of its size, shape or topography;
2.
The application of this section to this particular piece of property would create an unnecessary hardship;
3.
Relief, if granted, would not cause substantial detriment to the public good or impair the purposes and intent of this chapter; and
4.
The special circumstances surrounding the request for a variance are not the result of known acts by the applicant.
(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.
(12)
Approval of a proposed use by planning and zoning board of the City of Greensboro 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 City of Greensboro 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. All uses, construction or building approved in the conditional use must begin within 60 days of approval of the city council and be fully completed within one year of approval.
(Zoning Ord. 2007, § 11.4)
CONDITIONAL USES AND VARIANCES
All petitions for conditional use or variance approval shall be submitted to the zoning administrator at least 20 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 city council. Incomplete applications will not be placed on the agenda. Applications for conditional uses or variance must be accompanied by the following information:
(1)
Conditional use.
a.
Three copies of a written description of the proposal designed to inform the City of Greensboro, 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 City of Greensboro or the applicant.
b.
Three copies of preliminary building and site plans drawn to scale showing the following information:
1.
Three copies of surveyed plat signed by a registered surveyor.
2.
Project name.
3.
Project owner.
4.
Date, scale, and north arrow.
5.
Vicinity map.
6.
Use of adjacent property.
7.
Exterior dimensions of the site.
8.
Total project acreage.
9.
Location, name and width of all existing or proposed streets.
10.
Location of all proposed structures.
11.
Location of all off-street parking and driveway serving the project.
12.
Proposed buffers and/or screening.
13.
Location, height, fixture type and wattage of site lighting.
14.
Dumpster locations.
15.
Rough floor plans, including gross floor area.
(2)
Variance. Three copies of building and/or site plans drawn to scale showing the following information:
a.
Property owner;
b.
Date, scale and north arrow;
c.
Use of adjacent property;
d.
Exterior dimensions of the site;
e.
Proposed buffers or screening;
f.
Exact dimensions of the requested variance with result indicated on the plat;
g.
Correspondence from affected adjacent property owners stating their approval is recommended;
h.
Building height;
i.
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 city council.
(Zoning Ord. 2007, §§ 11.1—11.3)
(a)
The zoning administrator shall prepare information regarding the petition for consideration by the planning commission at its regularly scheduled meeting.
(b)
The planning commission shall hold a public hearing on the proposed use in accordance with the notice and hearing provisions for zoning amendment. The planning commission shall then review the inspector's report and conduct a comprehensive review of the proposed use and forward a recommendation to the City of Greensboro. Said recommendation may be to approve, approve with condition, or deny the request.
(c)
The city council shall issue its findings within 40 days of the receipt of the planning commission recommendation. The city council may approve, approve with conditions, or deny the request.
(d)
In determining the compatibility of a conditional use with adjacent properties and the overall community, the city council must make the following findings if the use is to be approved or approved with conditions:
(1)
Adequate provision is made by the applicant to reduce any adverse environmental impacts of the proposed use to an acceptable level;
(2)
Vehicular traffic and pedestrian movement on adjacent streets will not be substantially hindered or endangered;
(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;
(4)
Public facilities and utilities are capable of adequately serving the proposed use;
(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;
(6)
Granting the request would not lead to congestion, noise and traffic hazards or overload public facilities current or planned;
(7)
Granting this request would conform to the general expectations for the area population growth and distribution according to the comprehensive land use plan;
(8)
Granting this request would not lead to a major negative change in existing levels of public service, government employees or fiscal stability; and
(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.
(10)
Variances.
a.
A variance may be authorized for specific individual cases where the literal enforcement of the provisions of this chapter 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.
b.
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:
1.
There are extraordinary and exceptional conditions pertaining to the particular piece of property in question because of its size, shape or topography;
2.
The application of this section to this particular piece of property would create an unnecessary hardship;
3.
Relief, if granted, would not cause substantial detriment to the public good or impair the purposes and intent of this chapter; and
4.
The special circumstances surrounding the request for a variance are not the result of known acts by the applicant.
(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.
(12)
Approval of a proposed use by planning and zoning board of the City of Greensboro 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 City of Greensboro 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. All uses, construction or building approved in the conditional use must begin within 60 days of approval of the city council and be fully completed within one year of approval.
(Zoning Ord. 2007, § 11.4)