Hapeville City Zoning Code

(a)

In ruling on any matter herein in which the exercise of discretion is required, or in ruling upon any application for zoning map amendment, the administrative official or legislative body shall act in the best interest of the health, safety, morals, and general welfare of the city. In doing so, they will consider one or more of the following factors as they may be relevant to the application:

(1)

The existing land use pattern;

(2)

The possible creation of an isolated district unrelated to adjacent and nearby districts;

(3)

The population density pattern and possible increase or overtaxing of the load one public facilities including, but not limited to, schools, utilities, and streets;

(4)

The cost of the city and other governmental entities in providing, improving, increasing or maintaining public utilities, schools, streets and other public safety measures;

(5)

The possible impact on the environment, including, but not limited to, drainage, soil erosion and sedimentation, flooding, air quality and water quantity;

(6)

Whether the proposed zoning map amendment will be a deterrent to the value or improvement of development of adjacent property in accordance with existing regulations;

(7)

Whether there are substantial reasons why the property cannot be used in accordance with existing regulations;

(8)

The aesthetic effect of existing and future use of the property as it relates to the surrounding area;

(9)

The extent to which the proposed zoning map amendment is consistent with the land use plan;

(10)

The possible effects of the proposed zoning map amendment on the character of a zoning district, a particular piece of property, neighborhood, a particular area, or the community;

(11)

The relation that the proposed zoning map amendment bears to the purpose of the overall zoning scheme, with due consideration given to whether or not the proposed change will help carry-out the purposes of these zoning regulations;

(12)

Applications for a zoning map amendment which do not contain specific site plans carry a rebuttable presumption that such rezoning shall adversely affect the zoning scheme;

(13)

The consideration of the preservation of the integrity of residential neighborhoods shall be considered to carry great weight;

(14)

In those instances in which property fronts on a major thoroughfare and also adjoins an established residential neighborhood, the factor of preservation of the residential area shall be considered to carry great weight.

(b)

After hearing evidence at the zoning hearing, the mayor and council shall apply the evidence to the standards of review in making their decision. It will not be required that the mayor and council consider every criteria contained in the standards of review. It shall be the duty of the applicant to carry the burden of proof that the proposed zoning map amendment promotes the public health, safety, morality or general welfare.

(c)

If the mayor and council determine from the evidence presented that the applicant has shown that the proposed zoning map amendment promotes the health, safety, morals and general welfare under the standards of review, then the application shall be granted, subject to those reasonable provisions as may be imposed by the mayor and council pursuant to section 93-25-8. Otherwise, such application shall be denied.

(d)

In ruling on any petition in which the petitioner has brought a challenge of the existing zoning classification, the mayor and council may impose upon such property any appropriate zoning classification, including provisions allowed by section 93-25-7, which might be consistent with the considerations contained in (a) above.

(Code 1981, § 8-5-266; Ord. No. 97-05, § 1, 7-8-1997)