§ 414. Amendments.
A.
Any land owner may request that the official map be amended from the existing another as it applies to the owner's property. Also, any person affected by this zoning ordinance may propose an amendment to the text of this zoning ordinance under the provisions of this section. As used in this section, the term "amendment" shall mean both a change to the official map and a change to the text of this ordinance unless otherwise indicated. The developer or owner wishing to request an amendment of the official map must have at least 51 percent ownership of the subject property or be the duly authorized agent of such a person, possessing notarized authorization in writing under the owner's signature. The planning and zoning commission or the board of commissioners may also propose an amendment. However, the power to approve and enact an amendment rests within the legislative discretion of the board of commissioners.
B.
Application for an amendment may be made with the zoning administrator. The zoning administrator will take the required information and transmit it to the planning and zoning commission for its consideration. If the property which is the subject of an amendment, at the time of such an application, is determined by the zoning administrator to be in violation of the zoning ordinance, then the fee for processing the amendment shall be two times the normal amendment application fee and the applicant shall cease operations of the activity or operation found to violate this zoning ordinance while the amendment application is pending. The zoning administrator shall not process any application from that applicant as it pertains to the property in question until the applicant remedies the violation and ceases to be in violation, to the extent practical as determined by the zoning administrator. If the amendment application is approved and it remedies the violation, the applicant may continue the activity or operation. If the amendment is not approved, the applicant shall be prevented from continuing the activity or operation applied for until otherwise compliant with the county zoning ordinance.
C.
An applicant requesting an amendment to the official map shall provide the zoning administrator the following:
1.
Details of the proposed use.
2.
Legal description and scaled drawing (showing all existing and proposed improvements) will be the minimum requirement for the planning and zoning commission. The planning and zoning commission may require certified surveyor's plat. Such plat, certified by a registered professional surveyor with all existing and proposed improvements shown thereon, shall be filed with the zoning administrator after approval by the board of commissioners.
3.
Any other materials or information as may be deemed appropriate by the zoning administrator.
D.
When an amendment is initiated by a party other than the board of commissioners which involves changing the zoning district of a parcel of land, the zoning administrator shall post a sign at least two feet by three feet in size in a conspicuous place on the property at least 15 days but not more than 45 days prior to the date of the scheduled public hearing before the board of commissioners. The sign must set forth the fact that it is a "ZONING NOTICE." It must show the present zoning classification, the proposed zoning classification, the purpose, date, time, and place of the scheduled public hearing, and it must inform the public that additional information may be obtained from the zoning administrator. A certified letter shall be mailed to the owners of property adjacent to the property for which an amendment is requested. Such letter may be sent to the names and addresses of those property owners as shown on the tax maps of Screven County.
E.
All applications for amendment must first be reviewed by the planning and zoning commission. The planning and zoning commission will study the proposed amendment and determine if it meets the requirements of this ordinance, as well as other applicable ordinances of Screven County. At this time, the zoning administrator may review the proposed amendment and make written recommendations to the planning and zoning commission.
F.
When considering a proposal to amend the official map, the following standards shall govern the exercise of zoning power as required by O.C.G.A. § 36-66-5.
Standards :
1.
The existing uses and zoning of nearby property.
2.
The suitability of the property for the proposed purpose or the availability of other and suitable for the proposed area.
3.
The length of time the property has been vacant as zoned.
4.
The extent to which the value of the property is diminished by the present zoning.
5.
The balance between the hardship on the property owner and the benefit to the public in not rezoning.
6.
The effect the proposed rezoning would have on the population density pattern, public service and facilities.
7.
The extent to which the zoning decision is consistent with the Comprehensive Land Use Plan of Screven County.
8.
Whether the zoning proposal will adversely affect the existing use or usability of adjacent or nearby property.
9.
Whether there are substantial reasons why the property cannot be used in accordance with existing zoning.
10.
Whether the change suggested is out of scale with the needs of the neighborhood or the county.
11.
Any other factors relevant to balancing the interests in promoting public health, safety, morality, or general welfare against the right to unrestricted use of property.
G.
The planning and zoning commission and the board of commissioners may also consider whether development of the property and the zoning classification sought would do any of the following:
1.
Have an adverse effect on the insurance rating of the county, or any substantial portion of the county, issued by the Insurance Service Office or similar rating agency.
2.
Overtax any streets, presently existing to serve the site, or other public facilities and utilities.
3.
Have a substantially adverse impact on the environment, including but not limited to, drainage, soil erosion and sedimentation, flooding, air quality, light and water quality and quantity.
H.
The planning and zoning commission may conduct a public hearing at its option on any proposed amendment.
I.
The planning and zoning commission shall make a written record of its recommendation on the proposed amendment and forward a copy of its recommendation to the board of commissioners within 60 days of the date on which the proposed amendment was received by the zoning administrator. If the planning and zoning commission fails to send its recommendations to the board of commissioners within the aforesaid 60 days, it shall mean that the planning and zoning commission recommends approval of the amendment.
J.
After receipt of the recommendation of the planning and zoning commission, the board of commissioners shall conduct a public hearing on the proposed amendment. Notice of the hearing must be published in a newspaper of general circulation in Screven County at least 15 days but not more than 45 days prior to the date of the hearing. The notice shall state the time, place, and purpose of the hearing. If the amendment is for the rezoning of property from one district to another and is initiated by a party other than the board of commissioners, then the notice shall also include the location of the property, the present zoning district of the property, and the proposed zoning district of the property.
K.
The following policies and procedures will be observed in conducting the required public hearing:
1.
The hearing will be held in the Screven County Courthouse, Sylvania, Georgia.
2.
Written comments on the subject of the hearing may be submitted by any citizen or property owner at any time prior to the adjournment of the hearing.
3.
Persons desiring to be heard orally may present their views at the hearing, but shall first sign up on a form to be provided by the board prior to the commencement of the hearing. Any party who wishes to address the board through his or her attorney or other designated representative or agent shall first sign up on a form to be provided by the board prior to the commencement of the hearing, setting forth the name of their principal and the capacity in which they are appearing before the board, i.e. whether as attorney, parent, attorney in fact, real estate agent or otherwise.
4.
The board chair will cause to be read the proposed zoning decision under consideration and any departmental reviews pertaining thereto prior to receiving public input on said proposed zoning decision. Proposed zoning decisions shall as a general rule be called in the order in which they are received by the board, provided that nothing shall prevent the board from changing the order of decisions reviewed at the time of hearing for the convenience of the board and the public.
5.
The board chair shall call each person who has signed up to speak on the proposed zoning decision in the order in which the persons have signed up to speak, except for the applicant, who will always speak first. If the board has brought a proposed zoning decision to the hearing, then the commissioners shall speak first. Proponents and opponents of each zoning decision shall have ten minutes per side for presentation of data, evidence, and opinion. The applicant may use all of the time in the initial presentation, or may choose to reserve any remaining time for rebuttal. If the board in its discretion allows either the proponents or opponents to exceed the allotted time, the other side shall be granted equal time. If a number of speakers wish to speak, they must decide among themselves how to allocate the ten minutes per side. The time shall be kept by the clerk or other staff designated by the board.
6.
Each speaker shall speak only to the merits of the proposed zoning decision under consideration and shall address his or her remarks only to the board. Each speaker shall refrain from personal attacks on any other speaker or the discussion of facts or opinions irrelevant to the proposed zoning decision under consideration. The board may limit or refuse a speaker the right to continue, if the speaker, after first being cautioned, continues to violate this subsection.
7.
Nothing contained herein shall be construed as prohibiting the board from taking reasonable steps necessary to ensure that hearings are conducted in a decorous manner, to ensure that the public hearing on each proposed zoning decision is conducted in a fair and orderly manner.
8.
Prior to the close of the hearing, the board shall announce whether it will vote on the proposed amendment or decision at that same hearing or whether it will defer its vote for a period not to exceed 30 days.
9.
Any person desiring a transcript of the hearing must arrange for a court reporter at their own expense.
10.
Cross examination of persons making oral presentations will not be permitted.
11.
All questions will be addressed to the chairman of the board of commissioners.
L.
After reviewing the record of the public hearing and considering recommendations from the planning and zoning commission, the board of commissioners may approve or deny the requested amendment, reduce the land area for which the amendment is requested, change the district or land use category requested, or impose conditions which may restrict the use or development of the property in a manner not otherwise required by this zoning ordinance. Any such conditions imposed by the board of commissioners shall be incorporated into this zoning ordinance and shall become a part of the official zoning map, whether or not actually entered upon the official zoning map.
M.
If the board of commissioners denies a proposed amendment to change a zoning district, no amendment to the zoning district as it applies to that property may be again filed with the zoning administrator until at least six months following the denial by the board of commissioners.
(Ord. of 11-9-2004(2), § 6)