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19-1 I P a g e Article 19 Zoning Amendment Procedures Table of Contents 19-1 Chapter 19.1 Amendments 19-2 Section 19.1.1 ..Authority 19-2 Section 19.1.2 ..Initiation of 19-2 Section 19.1.3 ..Applicability 19-2 Chapter 19.2 Procedures for Requesting a Zoning Map 19-2 Section 19.2.1 ..Application 19-2 Section 19.2.2 ..Application 19-2 Section 19.2.3 ..Notice of Public Hearing 19-3 Section 19.2.4 ..Submission of Inaccurate/Incomplete Information 19-4 Chapter 19.3 Criteria for Considering a Zoning Map Amendment 19-4 Section 19.3.1 ..Required Findings for Zoning Map Amendment Approval Chapter 19.4 Procedures for Requesting a Text Amendment Section 19.4.1 Section 19.4.2 ..Application Requirements…………………………………………………19.5 Section 19.4.3 ..Notice of Public Section 19.4.4 ..Submission of Inaccurate/Incomplete Information……………………..19.5 Section 19.4.5 ..Criteria for Considering a Text Amendment 19-5 Chapter 19.5 Application Review and Recommendation 19-5 Section 19.5.1 ..Public Hearing Requirements 19-5 Section 19.5.2 ..Disclosure Requirements 19-6 Section 19.5.3 ..Criteria for Consideration 19-6 Section 19.5.4 ..Submission of Additional Information 19-6 Section 19.5.5 ..Site Plan Approved 19-6 Section 19.5.6 ..Future Expansion Not Approved 19-6 Section 19.5.7 ..Withdrawal of Zoning Map or Text Amendment Application 19-7 Chapter 19.6 Appeals 19-7 Section 19.6.1 ..Appeal from Office of Planning and Development 19-7 Section 19.6.2 ..Appeal from Board of Commissioners 19-7 Section 19.6.3 ..Stay of Proceedings 19-7 Chapter 19.7 Limitation on New Applications 19-7 ---PAGE BREAK--- 19-2 I P a g e Chapter 19.1 Amendments Section 19.1.1 Authority The Governing Body of Morgan County may from time to time amend the number, shape, boundary, or area of the zoning districts established on the Zoning Map or individual section of this Ordinance. Any proposed amendment shall first be submitted to the Morgan County Planning Commission for its recommendation, as outlined in this Ordinance. Section 19.1.2 Initiation of Amendment A petition to amend this Ordinance or the Zoning Map may be initiated by the Governing Body of Morgan County, The Morgan County Planning Commission, or by any person, firm or corporation owning property in unincorporated Morgan County, Georgia. The property owner’s permission is required before a petition for changing the zoning district map can be filed by anyone other than the Governing Body or Planning Commission. Section 19.1.3 Applicability The provisions of this Article apply to all applications for text amendments to the Morgan County Zoning Ordinance and map amendments to the Morgan County Zoning Map. Chapter 19.2 Procedures for Requesting a Zoning Map Amendment Section 19.2.1 Application Any person or persons desiring to submit a petition requesting a zoning map amendment shall file such petition, with a plat of the property by a Georgia registered land surveyor of the property 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 o r as specified by the Director to evaluate compliance with this Ordinance. A deed may be submitted if the property has no recorded plat. Section 19.2.2 Application Requirements Each application for a zoning map amendment 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 zoning map amendment and its impacts on the community. The written description must address the criteria for considering zoning map amendments, as found in this Article. • A concept plan, drawn to scale by a professional engineer, architect, landscape architect or surveyor, indicating how the proposed zoning map amendment will affect the property for which the zoning map amendment is sought, and surrounding property in the area. This concept plan will include, when appropriate, at a minimum: ---PAGE BREAK--- 19-3 I P a g e ▪ Project name ▪ Project owner ▪ Date, scale, and north arrow ▪ Vicinity map ▪ Use of adjacent property ▪ Exterior dimensions of the site ▪ Total project acreage ▪ Subdivision of lots within project ▪ Location, name, and width of all existing or proposed streets ▪ Location of all proposed structures ▪ Location of all off-street parking and driveways serving the project ▪ Proposed buffers 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 impact analysis by a qualified professional will be required for commercial or industrial uses, mixed use developments, residential subdivisions with 25 dwellings or more and all event facilities. ▪ Any other materials as determined relevant or necessary by the Planning and Development staff, the Planning Commission and/or the Board of Commissioners Petitions may be subject to additional ordinances and additional plans may be required prior to placement on a hearing agenda. Section 19.2.3 Notice of Public Hearing Upon the filing of a petition for a zoning map amendment, 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 the filing of a petition for a zoning map amendment, 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 zoning map amendment 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 zoning map amendment, and the dates, times and locations of all public hearings regarding the request. Upon the filing of a petition for a zoning map amendment, 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 19.2.4 Submission of Inaccurate/Incomplete Information The submission or presentation of inaccurate information may be cause for denial of the request, or if 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. Incomplete ---PAGE BREAK--- 19-4 I P a g e 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 19.3 Criteria for Considering Zoning Map Amendments Section 19.3.1 Required Findings for Zoning Map Amendment 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 map amendment must be met for approval to be considered. 1. The zoning proposal is suitable in view of the use of adjacent and nearby property and the zoning proposal will not affect the existing uses or usability of adjacent or nearby uses; 2. The property to be affected by the zoning proposal has a reasonable and economic use as currently zoned; 3. The zoning proposal will not result in a use which will or could cause an excessive or burdensome use of existing transportation facilities, utilities, educational facilities or public safety; 4. The zoning proposal is in conformity with the policies and intent of the Comprehensive Plan; 5. There are existing or changing conditions affecting the use and development of the property which give supporting grounds for either approval or disapproval of the zoning proposal; and 6. Granting the request would not have a “domino effect,” in that it becomes the opening mechanism for further rapid growth, urbanization or other land-use change beyond what is indicated in the Comprehensive Plan. Chapter 19.4 Procedures for Requesting a Text Amendment Section 19.4.1 Application Any person or persons desiring to submit a petition requesting a text amendment to the Morgan County Zoning Ordinance shall file such petition, 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 the Director to evaluate compliance with this Ordinance. Section 19.4.2 Application Requirements Each application for a text amendment 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: Written description of the text amendment request. All Articles, Chapters and Sections affected must include specific wording requested to be added, delated or modified, along with modified Chapter or Section numbers, if applicable. Suggested language in paraphrased format will no t be accepted. Zoning districts to be affected by the proposed language change must be identified. Sufficient justification must be made as to why the existing language should be modified. Such justification must address all properties affected by the requested change and should not focus on the applicant’s property. ---PAGE BREAK--- 19-5 I P a g e Planning and Development Staff, the Planning Commission, or the Board of Commissioners may request additional information, depending on the nature of the text amendment requested. Section 19.4.3 Notice of Public Hearing Upon the filing of a petition for a text amendment, 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 text amendment has been requested, the Article, Chapter or Section of the Morgan County Zoning Ordinance to be affected, the person/organization requesting the text amendment, and the dates, times and locations of all public hearings regarding the request. Upon the filing of a petition for a text amendment, the Office of Planning and Development shall mail a notice to the applicant 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 19.4.4 Submission of Inaccurate/Incomplete Information The submission or presentation of inaccurate information may be cause of for denial of the request, or if said discrepancies are realized after approval of the petition or issuance of relevant local permits, will cause the revocation of the approval and any related permits by the Board of Commissioners. 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. Section 19.4.5 Criteria for Considering a Text Amendment In determining the compatibility of a requested text amendment and its benefit to the community, the Planning Commission and Board of Commissioners must consider the following findings if the amendment is to be approved: 1. The proposed amendment is consistent with the purpose and intent of this ordinance as stated in Article 1; 2. The proposed amendment supports or is compatible with the purpose and intent of the Comprehensive Plan; 3. The proposed amendment adequately addresses new or changing conditions to properly implement the Comprehensive Plan or the terms of this Zoning Ordinance; 4. The proposed amendment provides a benefit to the county as a whole; 5. The proposed amendment reasonably promotes the public health, safety, morality and general welfare. Chapter 19.5 Application Review and Recommendation Section 19.5.1 Public Hearing Requirements The public hearing shall be held in accordance with the provisions of this Ordinance. Section 19.5.2 Disclosure Requirements ---PAGE BREAK--- 19-6 I P a g e • All persons and/or organizations requesting a zoning map or text amendment must meet the disclosure requirements of this Ordinance. • All members of the Planning Commission or Board of Commissioners must meet the disclosure requirements of this Ordinance, in regard to each application. Section 19.5.3 Criteria for Consideration Each application will be reviewed and considered in accordance with the conditions of this Article. Section 19.5.4 Submission of Additional Information In addition to the materials required for an application for a zoning map or text amendment request specified in this Article, the applicant may submit any additional materials for consideration up to fourteen (14) days prior to the scheduled Planning Commission meeting where the zoning amendment will be heard. Materials submitted after the fourteen (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 zoning amendment is requested, and/or the nature of the zoning map or text amendment requested, the Chairman of the Board of Commissioners may; consider the additional materials at his/her discretion; or may 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 zoning map or text amendment is requested, and/or the nature of the zoning map or text amendment 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 the applicant withdraw its/his/her application. If an application is tabled, additional materials must be received thirty (30) days before the rescheduled meeting. Section 19.5.5 Site Plan Approved Unless otherwise noted, the site plan submitted in support of an approved zoning map amendment 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 . Section 19.5.6 Future Expansion Not Approved Approval of a proposed use by the Board of Commissioners does not constitute an approval f or future expansion of or additions or changes to the initially approved operation. 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. ---PAGE BREAK--- 19-7 I P a g e Section 19.5.7 Withdrawal of Zoning Map or Text Amendment Application Any application may be withdrawn without prejudice at any time by the applicant, upon written notice to the Planning and Development Office, prior to a decision by 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. Chapter 19.6 Appeals Section 19.6.1 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 19.6.2 Appeal from Board of Commissioners Any persons/organizations jointly or severally aggrieved by any decision of the Morgan County Board of Commissioners shall have the right to file an appeal in accordance with this Ordinance. Section 19.6.3 Stay of Proceedings Any 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 opinion, cause imminent peril to life or property. Chapter 19.7 Limitation on New Applications In a case where an application for a text amendment to this Ordinance or application for a zoning map amendment 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 has elapsed from the date of said denial.