A special exception is a use, which within certain districts specified by this article is not permitted as a matter of right but may be permitted within these districts. The decision to grant or deny a special exception is a decision reserved solely to city council as any amendment to zoning.

(Ord. of 06-15-2023(1), § 3)

Section 14-2.1. General. Applications for special exception of this article shall be in the form of proposals for special exception. Application for a special exception shall be submitted to the zoning administrator and shall include the appropriate fee. Any property for which a special exception is denied shall not be reconsidered for a special exception for at least six months after the date of the denial.

Section 14-2.2. Signature of applicant required. Applications shall be made by the owner of the subject property, the authorized agent of the owner of the subject property, the planning commission, or the mayor and city council. All applications, other than those initiated by the planning commission or the mayor and city Council, shall be signed by the applicant, and shall state the applicant's name and address. Any such applicant wishing to request a special exception must have at least a 51 percent ownership of the subject property. If the applicant is not the owner, the applicant shall state the applicant's relation to the owner and affirm the applicant's authority to make the application.

Section 14-1.3. Application for special exception. An application for a special exception shall include the information listed in subparagraphs (A) through (N) below. An incomplete application shall not be considered and shall be returned to the applicant for completion.

The application shall show:

A.

The area in which the property for which a special exception is requested is located, together with the street number, if any, or if none, the location with respect to the nearby public streets in common use;

B.

A plat of the property in question, or a description by metes and bounds, bearings and distances of the property, or if the boundaries conform to the lot boundaries within a subdivision for which the plat is recorded in the real estate records of the county, then the lot, block and subdivision designations with appropriate plat reference;

C.

The present zoning classification and the special exception proposed for such property;

D.

The type and size of structure(s) present and or to be constructed and the specific use of the structure(s);

E.

The name and address of the owners of the subject property;

F.

The area of the property proposed to be included in the special exception stated in square feet if less than one acre, and in acres if one or more;

G.

The application number, date of application, and action taken on all prior applications filed for the special exception request of the whole or part of the land proposed for a special exception;

H.

Whether the special exception request will permit a use that is suitable in view of the use and development of adjacent and nearby property;

I.

Whether the special exception requested will adversely affect the existing use or usability of adjacent or nearby property;

J.

Whether the special exception requested will be injurious to the use and enjoyment of the environment or of other property in the immediate vicinity or diminish and impair property values within the surrounding neighborhood;

K.

Whether the establishment of the requested special exception will impede the normal and orderly development of surrounding property for uses predominant in the area;

L.

Whether the special exception requested will likely cause an undue burden on public services, facilities or infrastructure, including, but not limited to, existing streets, transportation facilities, utilities or schools;

M.

If Brooklet has adopted a land use plan, whether the special exception requested is in conformity with the policy and intent of the land use plan, or, to the extent it may be reasonably relevant, whether the requested special exception is in conformity with any land use plan adopted by Bulloch County; and

N.

Whether the requested special exception would be a threat to public health, safety, morality or welfare in the particular circumstances of the application.

(Ord. of 06-15-2023(1), § 3)

After acceptance of any application for special exception, the zoning administrator shall transmit a copy to each member of the planning commission for their review and recommendation. Further, the zoning administrator will provide a copy of the application to each city councilmember and the mayor. The planning commission shall have a 60-day period subsequent to the receipt of the application by the zoning administrator within which to make its recommendation to the city council, which recommendation is advisory only. Before taking action on a proposed special exception request, the planning commission shall hold a public hearing. At least 15 days prior to the hearing, notice shall be published in a newspaper of general circulation which shall state the time, date and place of the hearing, and shall include the location of the property, the present zoning classification of the property and the proposed special exception requested for the property. The planning commission shall investigate and make a written recommendation with respect to the factors itemized in subsection 14-2.3. If the planning commission fails to submit the recommendation within such 60-day period, it shall be deemed to have recommended the requested special exception, which recommendation is advisory only.

(Ord. of 06-15-2023(1), § 3)

Erection of sign. Within 15 days prior to the public hearing held by the planning commission, the zoning administrator shall cause a sign to be erected, which shall read as follows:

NOTICE TO THE PUBLIC

ZONING/SPECIAL EXCEPTION/VARIANCE NOTICE

The following change for a (insert as appropriate, one of the following: zoning amendment/special exception/variance) in the City of Brooklet has been requested on (insert date) by (insert name of applicant) with respect to property located at (insert property address), the same being approximately (insert acreage) acres with a current zoning classification of (insert current zoning classification) and a requested zoning classification of (insert requested zoning classification, if applicable). A public hearing conducted by the (insert Planning Commission or City Council as appropriate) will be held at Brooklet City Hail, 104 Church Street at (insert time) on (insert date). The public is invited. For more information, you may call the zoning administrator at (912) 842-2137.

(Ord. of 06-15-2023(1), § 3)

Before a special exception is granted or denied, a public hearing on the special exception shall be held. At least 15 but not more than 45 days prior to the date of the hearing, the zoning administrator shall cause to be published within a newspaper of general circulation within the territorial boundaries of the city a notice of the hearing. The notice shall state the time, place, and purpose of the hearing. Said notice shall also be mailed to the owner of the property that is the subject of the proposed action.

(a)

The city council shall conduct this public hearing. The mayor shall preside at said hearing and shall observe the following procedures: No one may speak until recognized by the presiding official, and then each speaker must state his name and address. Those who intend to speak shall sign up with the clerk prior to the meeting. The applicant shall speak first, and present the application and any evidence, opinions or witnesses. The opponents to the proposed change shall present their opposition, evidence, opinions and witnesses. The applicant may have an opportunity for rebuttal. A minimum time period of ten minutes per side shall be allowed for the presentation of data, evidence and opinions. Additional time may be allowed by a majority vote of the council, but an equal amount of additional time must be awarded to each side if any is awarded.

(b)

The clerk shall cause printed copies of these policies and procedures for conducting the hearing to be available for distribution to the general public prior to the hearing. Additionally, the clerk shall cause printed copies of the factors to be considered in reaching a decision set forth in section 14-2.3 (H) through (N) to be available for distribution to the general public prior to the hearing.

(Ord. of 06-15-2023(1), § 3)

In taking action on an application, the city council may approve the application, approve the application with conditions, approve the application for less property than requested, table the decision on the application for a period not exceeding 45 days, or deny the application, whichever is in the public interest. The city council may allow the application to be withdrawn, if so requested by the applicant, in which case it may be resubmitted within six months. The grant or denial of a special exception is within the discretion of the city council. The city council should consider the following factors in evaluating a special exception request:

A.

Whether the special exception requested will permit a use that is suitable in view of the use and development of adjacent and nearby property;

B.

Whether the special exception requested will adversely affect the existing use or usability of adjacent or nearby property;

C.

Whether the special exception requested will be injurious to the use and enjoyment of the environment or of other property in the immediate vicinity or diminish and impair property values within the surrounding neighborhood;

D.

Whether the establishment of the requested special exception will impede the normal and orderly development of surrounding property for uses predominant in the area;

E.

Whether the special exception requested will likely cause an undue burden on public services, facilities or infrastructure, including, but not limited to, existing streets. transportation facilities, utilities or schools;

F.

If Brooklet has adopted a land use plan, whether the special exception requested is in conformity with the policy and intent of the land use plan, or, to the extent it may be reasonably relevant, whether the requested special exception is in conformity with any land use plan adopted by Bulloch County; and

G.

Whether the requested special exception would be a threat to public health, safety, morality or welfare in the particular circumstances of the application.

(Ord. of 06-15-2023(1), § 3)

The grant or denial of a special exception shall be subject to appellate review by the Superior Court of Bulloch County, and shall be brought by way of petition for such review as provided for in O.C.G.A. tit. 5. Such matters shall be reviewed on the record which shall be brought to the Superior Court as provided in O.C.G.A. tit. 5. All such appeals shall be brought within 30 days of the written decision of the appealed action. There are no additional filing or service requirements by the city of Brooklet other than following the requirements for filing and service set forth in O.C.G.A. tit. 5, and the requirements of O.C.G.A. § 36-66-5.1. It is not necessary for any city official to first approve or issue any form or certificate necessary to perfect the petition described in Title 5 for review of the decision being appealed. Furthermore, there is no special requirement except compliance with Title 5 with respect to service of the petition, provided that the mayor of the city of Brooklet may accept service on behalf of the city of Brooklet. An appeal by an opponent shall stay all legal proceedings in furtherance of the action appealed from, unless the city, officer, board, or agency from which or from whom the appeal is taken certifies that, by reason of the facts stated in the certificate, a stay would cause imminent peril to life or property. In such actions, the applicant for the request for a variance shall be a necessary party and shall be named as a defendant in the action and served in accordance with the requirements of O.C.G.A. tit. 5 or O.C.G.A. tit. 9, as appropriate.

(Ord. of 06-15-2023(1), § 3)

To the extent, if any, that the provisions of the city's zoning ordinance are in any way inconsistent with or in conflict with the Zoning Procedures Law set forth at O. C. G. A. § 36-66-1 et. seq., as presently enacted or hereafter amended, the provisions of the Zoning Procedures Law shall prevail.

(Ord. of 06-15-2023(1), § 3)