(A) The Greene County Board of Commissioners may grant variances to the dimensional requirements of this chapter, as will not be contrary to the public interests, where owing to special conditions, a literal enforcement of the provisions of these sections will, in an individual case, result in practical difficulty or unnecessary hardship so that the spirit of this chapter shall be observed, public safety, and welfare secured and substantial justice done.
(B) No variance may be issued until after a public hearing has been held on the request.
(C) The total amount of time allowed for the supporters or the opponents of a petition to present arguments at the hearing shall be determined at the time of public hearing. At the hearing, the presiding officer of the hearing will decide whether to grant all or part of the request for additional time.
(D) In cases involving a controversial matter and a large number of persons wish to speak at the public hearing in favor of or against a request, the Planning Department reserves the right to require those persons to sign up in advance of the public hearing in order to facilitate and organize the speakers. Persons who do not register to speak in advance shall be allowed that right at the public hearing. If such a requirement for pre-registration is necessary, the advertised public hearing notice shall clearly indicate this requirement.
(E) Such variance may be granted in such individual case of unnecessary hardship upon a finding by the Board of Commissioners that 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 that are not applicable to other lands or structures having a similar use.
(2) Granting the variance requested will not confer upon the applicant any special privileges that are denied to other property owners or residents with a similar use.
(3) A literal interpretation of the provisions of this chapter would deprive the applicant of the rights commonly enjoyed by other property owners or residents of the area in which the property is located.
(4) The requested variance will be in harmony with the purpose and intent of this chapter and will not be injurious to the neighborhood or to the general welfare.
(5) The special circumstances are not the results 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.
(Ord. passed 8-20-12)