Conditional zoning is a legislative process in which an applicant proposes, and the county considers, a zoning map amendment that includes additional conditions. Conventional zoning map amendments change the zoning district applicable to a piece of property, but do not include any standards beyond the base standards of the Zoning Code. Conditional zoning allows the county and the applicant to agree on additional conditions that may be appropriate for a particular project within the context of a legislative rezoning.
(A) Conditional zoning. A legislative zoning map amendment with site-specific conditions incorporated into the zoning map amendment.
(B) Purpose. This section authorizes the creation of conditional zoning districts proposed by the property owners and customized to the context of a particular development project or land use on a particular site. Each conditional zoning district includes one or more conditions of approval that help the project conform to Greene County's adopted ordinances and plans, and mitigate the impacts reasonably expected to be generated by the development or use of the site.
(C) Applicability. CZ districts are intended only for voluntary proposals submitted in the names of the owners of all property included in the petition/application. Once a property has been rezoned to a CZ, it shall be referenced with the letters "CZ" behind the name of the applicable general zoning district. Thus, a property rezoned to a Conditional District in the "AR" (Agricultural/Rural District) shall appear on the zoning map as "ARCZ."
(D) Development standards. Any proposed development within a conditional district must meet all requirements of the corresponding general use district, as modified by any conditions of approval.
(E) Procedure. The Agricultural/Rural District AR may only be considered by the Greene County Board of Commissioners for conditional zoning through a legislative decision-making process, following the procedures for zoning map amendments outlined in this chapter.
(1) Submittal application and site plan. Application by the owner or owners of the property must be made with the Zoning Administrator. Each project must include a site plan that meets the site plan requirements listed in this chapter.
(2) Staff review and action. The Planning Director shall review the application, prepare a staff report, and provide a recommendation.
(3) Planning Board review. The Planning Board shall review the application of conditional zoning and make a recommendation to the Board of Commissioners. Planning Board members may propose additional conditions and requirements beyond those proposed by the applicant.
(4) Board of Commissioners review and action. The Board of Commissioners shall conduct a legislative hearing on the application. One or more Commissioners may propose additional conditions or requirements beyond those proposed by the applicant. After the legislative hearing on the application is concluded, the Board of Commissioners shall make a decision on the application. The decision of the Board of Commissioners shall be one of the following:
(a) Approve the application as submitted, subject to conditions of approval;
(b) Approve the application, subject to revised conditions of approval;
(c) Remand the application to the Planning Board for further consideration; or
(d) Deny the application.
(F) Expiration. Conditional zoning shall expire two years after the date of approval if the work authorized by the zoning has not been substantially commenced. If after commencement the work or activity allowed under a conditional zoning is discontinued for a period of 180 days after commencement, the conditional zoning shall become null and void, and the zoning map shall be updated to reflect the tract's original zoning designation.
(Ord. passed 6-21-21)