Whenever, in the opinion of the Effingham County Commission, the public necessity, convenience, general welfare, or good zoning practice require, the county commission may amend, supplement, or change the ordinance, regulations, text, district boundaries, or classifications of property now or hereafter established by this ordinance or amendments thereof.

(Ord. of 11-19-19)

9.2.1 Applications. Applications for any change in the text or classifications or property shown on the zoning map shall be submitted to the zoning administrator upon such forms and accompanied by such data and information as may be prescribed for that purpose by him, so as to assure the fullest practicable presentation of facts for the record. Each application for a change of district boundaries or classification or property shall be verified by at least one of the owners or lessees of property within the area proposed to be reclassified, attesting to the truth and correctness of all facts and information presented with the application. It shall contain a map of the area proposed to be rezoned, and the area within 200 feet, giving the names and addresses of property owners, and all district boundary lines, and streets and alleys located therein. The zoning administrator shall check the application to determine whether it conforms with the requirements listed above and, if satisfactory, shall submit it to the office of the planning board. Amendments to the zoning ordinance may also be initiated by the planning board by resolution, and recommended to the county commissioners for adoption.

9.2.2 Required public hearings. No official action shall be taken on any proposed zoning amendment unless at least two public hearings have been held. The first public hearing shall be conducted by the planning board and the second shall be conducted by the county commission.

Prior to scheduling the required public hearings, applicants shall first complete all submission requirements provided by the zoning administrator (e.g. forms, fees, deeds, maps, etc.)

The zoning administrator shall then notify the applicant of the date, time, and place of the required public hearing.

At least 15 but not more than 45 days prior to scheduled public hearings the building and zoning inspector shall publish in the newspaper of general circulation notice of the date, time, place, and purpose of the public hearing.

If a zoning amendment is for the rezoning of property, then the public notice shall also include: (1) the location of the property; (2) the present zoning classification of the property; and (3) the proposed zoning of the property.

Not less than 15 days prior to the date of a public hearing, the building and zoning inspector shall post in a conspicuous location on the property in question a sign which shall contain information regarding the proposed rezoning; specifically the date, time, place, and purpose of the public hearing.

No official action shall be taken on a proposed amendment by the county commission until after the required public hearings have been conducted.

The primary goal of conducting public hearings on proposed zoning amendments shall be to solicit pertinent factual information which will be beneficial in helping the planning board and the county commissioners judge the merits of each specific proposed amendment.

9.3.1 Notice to property owners. The planning board shall give notice of the date, time, place, and purpose of public hearings to be held by it on proposed amendments or supplements by mail to the owners of all properties lying within 200 feet of any part of the property proposed to be changed. The failure to notify as provided in this section shall not invalidate any recommendations adopted hereunder.

9.3.2 Action on planning board. The planning board may recommend that the application be granted as requested, or it may recommend a modification of the zoning amendment requested in the application, or it may recommend that the application not be granted. These recommendations shall then be certified to the county commissioners.

9.3.3 Public hearing by commissioners. After receiving from the planning board the certification of said recommendations on the proposed amendment, and before adoption of such amendment, the commissioners shall hold a public hearing thereon, following the procedures set forth herein for calling and conducting public hearings.

9.3.4 Action of the county commissioners. The county commissioners shall consider the recommendations of the planning board, and vote on the proposed amendment to the text or map of the zoning ordinance after the public hearing. The applicant and others so requesting shall receive notice of the decision of the county commissioners through the zoning administrator.

9.3.5 Denial of rezonings. If the decision of the county commission is to deny the rezoning of property, then the same property may not again be considered for rezoning until the expiration of at least six months immediately following the defeat of the rezoning by the county commission.

(Ord. No. 2024-448, 9-3-24)

All public hearings on zoning matters that require a public hearing included but not limited to rezonings, text amendments, conditional uses, sketch plans, and variances shall be chaired by either the chairman of the planning board or the county commission chairman or their designees (hereinafter referred to as the "presiding officer").

The public hearing shall be called to order by the presiding officer.

The county zoning officer shall be recognized by the presiding officer first and shall be permitted to give a summary of the zoning request.

The zoning applicant or the applicant's agent, shall be recognized by the presiding officer second and shall be permitted to present and explain the zoning request. Thereafter, all individuals who so desire and if time allows, shall be permitted to speak in favor of the zoning request. After the individuals have had an opportunity to speak, those individuals present at the public hearing who wish to speak in opposition to the zoning request shall have an opportunity to speak. Those speaking for or against the zoning request shall be subject to the time constraints stated below.

When any person wishes to speak at a public hearing, that person shall raise his or her hand and after being recognized by the presiding officer, shall stand, and state his or her name, and make any comment appropriate to the proposed zoning request.

The zoning applicant shall have an opportunity, after all comments in opposition have been made, to make summary remarks concerning the proposed zoning request.

A time limit of 15 minutes shall be imposed upon the total number of people who wish to speak in favor of the zoning request, including the initial presentation of the zoning applicant. Thereafter, a time limit of 15 minutes shall be imposed on the total number of persons who wish to speak in opposition to the zoning application. Summary remarks by the zoning applicant shall be limited to five minutes. These time limits may be extended at the discretion of the presiding officer upon a showing of good cause by the person so requesting.

Each speaker shall speak only to the merits of the proposed zoning request under consideration and shall address his or her remarks only to the board conducting the hearing. Each speaker shall refrain from personal attacks on other speakers, board members, or county staff and from discussing facts or opinions irrelevant to the proposed zoning request under consideration. The presiding officer may limit or refuse a speaker the right to continue if the speaker, after being first cautioned, continues to violate this paragraph. The presiding officer shall have the right to ask an attendee or speaker to leave the building for unruly behavior.

Thereafter, the presiding officer shall announce that no further comments from the public or zoning applicant concerning the requested zoning request shall be received and the presiding officer shall close that particular public hearing. Next, the board shall deliberate on the proposed zoning request and then take any action that the board is authorized to take.

A secretary shall record the proceedings of the public hearing. Transcripts of the public hearing can be provided if requested and paid for in advance by the requesting party.

The record of the public hearing and all evidence submitted at the public hearing shall be recorded as such and become a permanent part of the particular zoning amendment's file.

(Ord. of 07-18-2023(3))

Applicants requesting a zoning change shall supply to the planning board information describing the proposed change plus supporting data relating to the change to assist the planning board in making their determination. The supporting documentation shall include a format substantially the same as the checklist/criteria used by the planning board in evaluating the requested zoning change.

After receiving all information presented as to each zoning proposal at any public hearing provided for in this article, and prior to making any recommendation thereon, the planning board shall consider each of the eight questions contained in the following checklist in written form and forward a copy of the same to the board of commissioners together with any additional material deemed appropriate:

CHECKLIST:

The Effingham County Planning Board recommends:

APPROVAL _______   DISAPPROVAL _______

Of the rezoning request by applicant ___________ from _______ zoning to _______ zoning.

(Amend. of 4-4-00(21))

As appropriate, the following factors may be considered for rezoning, text amendments, and conditional use applications:

(a)

Land development plans, including projected densities;

(b)

Existing uses and zoning of nearby property:

(1)

Use and classifications of other property;

(2)

Effect upon residents of adjoining property.

(c)

Land values:

(1)

Impact of change on values of adjacent and nearby properties;

(2)

Opinions as to most advantageous use.

(d)

Roads and traffic:

(1)

Character of adjacent and boundary roads;

(2)

Intersections;

(3)

Planned development by public agencies;

(4)

Planned private developments;

(5)

Effect of increased traffic on safety.

(e)

Rivers, streams, and drainage:

(1)

Flood plains;

(2)

Soil erosion and sedimentation;

(3)

Protected areas;

(4)

Pollution of surface and sub-surface water.

(f)

Utilities:

(1)

Sewage disposal;

(2)

Water supply;

(3)

Whether the proposed method of sewage treatment is consistent with the county sewer master plan;

(4)

Whether the proposed rezoning and proposed water usage is consistent with the county water master plan; Page 3 of 3

(5)

Whether the proposed rezoning is consistent with any and all regional agreements, e.g., regional water agreements and regional sewer agreements.

(g)

Other special considerations:

(1)

Buffer zones;

(2)

Noise;

(3)

Odor;

(4)

Fire protection;

(5)

Terrain or topography;

(6)

Schools;

(7)

Animals;

(8)

Visual intrusions on neighbors;

(9)

Aesthetics;

(10)

Site plans and plats;

(11)

Lighting;

(12)

Hours of operation.

(Ord. of 07-18-2023(3))