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21-1 I P a g e Article 21 Conditional Use Procedures Table of Contents 21-1 Chapter 21.1 Purpose 21-2 Chapter 21.2 Procedure for Requesting a Conditional Use 21-2 Section 21.2.1 21-2 Section 21.2.2 Application Requirements 21-2 Section 21.2.3 Notice of Public Hearing 21-3 Section 21.2.4 Submission of Inaccurate/Incomplete Information 21-3 Chapter 21.3 Criteria for Granting a Conditional Use 21-4 Section 21.3.1 Required Findings for Conditional Use Approval 21-4 Chapter 21.4 Conditional Use Prohibited 21-4 Chapter 21.5 Application Review and Recommendation 21-4 Section 21.5.1 Public Hearing Requirements 21-4 Section 21.5.2 Disclosure Requirements 21-5 Section 21.5.3 Criteria for Consideration 21-5 Section 21.5.4 Submission of Additional Information 21-5 Section 21.5.5 Site Plan Approved 21-5 Section 21.5.6 Future Expansion Not Approved 21-6 Section 21.5.7 Withdrawal of Conditional Use Application 21-6 Section 21.5.8 Time Limitation of Approval 21-6 Chapter 21.6 Appeals 21-6 Section 21.6.1 Appeal from Office of Planning and Development 21-6 Section 21.6.2 Appeal from Board of Commissioners 21-6 Section 21.6.3 Stay of Proceedings 21-7 Chapter 21.7 Limitation on New Applications 21-7 ---PAGE BREAK--- 21-2 I P a g e Chapter 21.1 Purpose The Morgan County Board of Commissioners may, in specific cases, approve a conditional use which is not permitted inherently, but which may be permitted within a zoning district, if this approval will not be contrary to the public interest and so that the spirit of the Ordinance shall be observed, public safety and welfare secured, and substantial justice done. A conditional use of neighboring land, buildings or structures in the same district or permitted conditional uses in other districts shall not constitute a reason for the requested conditional use. Chapter 21.2 Procedure for Requesting a Conditional Use Section 21.2.1 Applications Any person or persons desiring to submit a petition requesting a conditional use shall file such petition, with a plat of the property by a Georgia registered land surveyor attached thereto, together with a fee as determined by the Morgan County Board of Commissioners to cover administrative and advertising costs and any other information as may be required by this Ordinance or as specified by Planning and Development Staff to evaluate compliance with this Ordinance. A deed may be submitted if the property has no recorded plat. Section 21.2.2 Application Requirements Each application for a conditional use must be submitted to the Planning and Development Office at least forty-five (45) days before the hearing by the Planning Commission. Each application shall include the following information: • A written description of the proposal designed to inform the Planning Commission and Board of Commissioners, in detail about all aspects of the proposed use, and its impacts 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 Planning Commission, Board of Commissioners, staff or applicant. The written description must address the criteria for granting a conditional use, as found in this Article. • The preliminary building and site plans showing the following information: ▪ Project name ▪ Project owner ▪ Date, scale and north arrow ▪ Vicinity map ▪ Use of adjacent property ▪ Exterior dimensions of the site ▪ Total project acreage ▪ Location, Name and width of all existing or proposed streets ---PAGE BREAK--- 21-3 I P a g e ▪ Location of all proposed structures ▪ Location of all off-street parking and driveways serving the project ▪ Proposed buffers and/or screening ▪ Location, height, fixture type and wattage of site lighting ▪ Dumpster locations ▪ Rough floor plans, including gross floor area ▪ Building height ▪ Description of proposed phases, if applicable ▪ A traffic study will be required for commercial or industrial uses, mixed use developments, residential subdivisions with 25 dwellings or more and all event facilities. • Preliminary building and site plans must be drawn to scale by a professional engineer, architect, landscape architect or surveyor; • Specific uses may have additional requirements outlined in this Ordinance in accordance with regulations for specific uses. All regulations for specific uses must be met to grant approval of the conditional use. Petitions may be subject to additional ordinances and additional plans maybe required prior to placement on a hearing agenda. Section 21.2.3 Notice of Public Hearing Upon the filing of a petition for a conditional use, the Office of Planning and Development shall erect a sign, no less than thirty (30) days before the public hearing, in a conspicuous place on the property in question, which shall identify the time, place and purpose of the hearing. Upon filing of a petition for a conditional use, the Office of Planning and Development shall place an advertisement in the legal organ of Morgan County, no less than thirty (30) days and no more than forty-five (45) days prior to the public hearing, indicating that a conditional use has been requested, the purpose of the request, the location of the property (listed as street address and tax map/parcel number), the person/organization requesting the conditional use, and the dates, times and locations of all public hearings regarding the request. Upon the filing of a petition for a conditional use, the Office of Planning and Development shall mail a notice to the owner of the property for which the application has been filed confirming the petition and meeting date, which shall be postmarked no less than thirty (30) days and no more than forty-five (45) days prior to the public hearing. Section 21.2.4 Submission of Inaccurate/Incomplete Information The submission or presentation of inaccurate information may be cause for denial of the request, or as said discrepancies are realized after approval of the petition or issuance of relevant local permits, cause the revocation of the approval and any related permits by the Board of Commissioners. ---PAGE BREAK--- 21-4 I P a g e Incomplete applications will not be accepted. Any application accepted and later determined to be incomplete will be returned to the applicant and will not be placed on an agenda. Applicant is responsible for ensuring submittal compliance with all applicable ordinances. Chapter 21.3 Criteria for Granting a Conditional Use Section 21.3.1 Required Findings for Conditional Use Approval The following standards governing the exercise of the Board of Commissioners’ zoning power are adopted in accordance with O.C.G.A. Section 36-66-5(b), as amended, to be used by the Planning and Development Staff, Planning Commission and the Board of Commissioners in reviewing, recommending, and acting upon applications for map amendments for approval or disapproval as appropriate so as to balance the interest of the public health, safety or general welfare against the unrestricted use of property. All criteria for a conditional use must be met for approval to be considered. 1. The proposed use is suitable in view of the use of adjacent and nearby property and the proposed use will not affect the existing uses or usability of adjacent or nearby uses; 2. The proposed use will not cause an excessive or burdensome use of public facilities or services, current tor planned, including but not limited to transportation facilities, utilities, educational facilities or public safety; 3. Off street parking and loading will be adequate, ingress and egress is suitable and safe, and vehicular traffic and pedestrian movement on adjacent streets is not substantially hindered; 4. Adequate provision is made by the applicant to reduce any adverse environmental impacts of the proposed use; and 5. The hours and manner of operation, including noise, lighting, glare, odor, site design and scale are consistent with adjacent and nearby uses, as long as the manner of operation complies with all applicable ordinances and does not constitute a nuisance to nearby and adjacent properties. Chapter 21.4 Conditional Use Prohibited Applications for conditional uses shall be limited to the uses identified as conditional uses in the zoning district in which the lot, which is subject to the conditional use application, is located. Neither the Planning Commission nor the Board of Commissioners shall have authority to consider or act upon an application for a conditional use, which is not so identified, or which seeks relief properly considered under the provisions of this Article. Chapter 21.5 Application Review and Recommendation Section 21.5.1 Public Hearing Requirements The public hearing shall be held in accordance with the provisions of the Ordinance. ---PAGE BREAK--- 21-5 I P a g e Section 21.5.2 Disclosure Requirements All persons and/or organizations requesting a conditional use must meet the requirements of this Ordinance. All members of the Planning Commission or Board of Commissioners must meet the requirements of this Ordinance, in regard to each application. Section 21.5.3 Criteria for Consideration Each application will be reviewed and considered in accordance with the conditions of this Article. Section 21.5.4 Submission of Additional Information In addition to the materials required for an application for a conditional use request specified in this Article, the applicant may submit any additional materials for consideration up to 14 days prior to the scheduled Planning Commission meeting where the conditional use will be heard. Materials submitted after the 14 days will be accepted only at the discretion of the Chairman of the Morgan County Planning Commission. Once the application has been presented for public hearing by the Planning Commission, additional materials may only be submitted at the discretion of the Chairman of the Planning Commission, the Chairman of the Board of Commissioners, and/or staff of the Office of Planning and Development. If additional materials are submitted after the public hearing of the Planning Commission, and the content of these materials does not substantially change the content of the application, the conditions for which the conditional use is requested, and/or the nature of the conditional use requested, the Chairman of the Board of Commissioners may consider the additional materials at his/her discretion or remand the application to the Planning Commission for reconsideration. If additional materials are submitted after the public hearing of the Planning Commission, and the content of these additional materials substantially changes the content of the application, the conditions for which the conditional use is requested, and/or the nature of the conditional use requested, the Chairman of the Board of Commissioners may: consider the additional materials at his/her discretion, remand the application to the Planning Commission for reconsideration, or request that the applicant to withdraw its/his/her application. Section 21.5.5 Site Plan Approved Unless otherwise noted, the site plan submitted in support of an approved conditional use shall be considered part of the approval and must be followed. Applicant must provide information related to phases, including anticipated time frames, if they are to be considered. ---PAGE BREAK--- 21-6 I P a g e Section 21.5.6 Future Expansion Not Approved Approval of a proposed use by the Board of Commissioners does not constitute an approval for future expansion of, or additional changes to, the initially approved project. Any future phases or changes 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 Board of Commissioners. Section 21.5.7 Withdrawal of Conditional Use Application Any application may be withdrawn without prejudice at any time at the discretion of the applicant, upon written notice to the Planning and Development Office, prior to a decision of the Morgan County Board of Commissioners. If the application is verbally withdrawn at the Planning Commission meeting, written confirmation of the withdrawal must be provided to Planning and Development prior to the meeting of the Board of Commissioners or the application will continue to the Board of Commissioners with a recommendation to deny the application. If the application is verbally withdrawn at the Board of Commissioners meeting, written confirmation must be received by Planning and Development within 5 business days or the application will be deemed denied. Section 21.5.8 Time Limitation of Approval All uses, construction or building approved in the conditional use must be fully completed within one year of approval. If not fully completed, it is the responsibility of the applicant to appeal to the Director of Planning and Development for a renewal of approval. This appeal should include, at a minimum, statements of fact demonstrating that the applicant is still invested in the project; that the project is moving forward in a reasonable manner; the project has not deviated from the approved plan; and any other information that is pertinent to the appeal. The applicant will be notified within seven days of the date of the receipt of the appeal if their conditional use approval has been extended for another six months. Any applicant aggrieved by the decision of the Morgan County Office of Planning and Development in regard to this appeal may file an appeal in accordance with this Article. Chapter 21.6 Appeals Section 21.6.1 Appeal from Office of Planning and Development Any persons/organizations jointly or severally aggrieved by any decision of the Morgan County Office of Planning and Development shall have the right to file an appeal in accordance with this Ordinance. Section 21.6.2 Appeal from Board of Commissioners Any persons/organizations jointly or severally aggrieved by a decision of the Morgan County Board of Commissioners shall have the right to file an appeal in accordance with this Ordinance. ---PAGE BREAK--- 21-7 I P a g e Section 21.6.3 Stay of Proceedings An appeal to a Court of Record stays all proceedings in furtherance of the action appealed from, unless the Director certifies that a stay would, in his/her opinion, cause imminent peril to life or property. Chapter 21.7 Limitation on New Applications In a case where an application for conditional use is denied by the Board of Commissioners, the same or substantially similar application shall not be eligible to be resubmitted for reconsideration until twelve (12) months have elapsed for the date of said denial.