For the purpose of insuring that due process is afforded to the general public when Murray County, Georgia regulates the use of property through the exercise of land use powers, and pursuant to the authority and mandates of the Constitution of the State of Georgia of 1983, Article IX, Section II, Paragraph IV and Chapter Sixty-Six of Title Thirty-Six of the Official Code of Georgia Annotated (O.C.G.A. § 36-66-1 et seq.), Murray County, Georgia does hereby adopt, order, and enact into law this Ordinance.

(Ord. No. 52, 10-15-2002)

State Law reference— County zoning authority, Art. IX, § 11, ¶ IV, Georgia Const.; county zoning procedures, O.C.G.A. § 36-66-1 et seq.; authority for coordinated and comprehensive county planning, O.C.G.A. § 36-70-1 et seq.

When used in this article, the following terms shall have the definitions and meaning hereafter set forth, alphabetically:

Conditional use (special use). A use approved within a land use district, generally considered compatible with the other uses allowed in the district, only after due consideration of objective criteria as applicable to the proposed conditional use.

Land use district. A delineated section or sections of Murray County for which regulations governing the use of buildings and premises, the height of buildings, the size of yards, and the intensity of use are uniform.

Land use decision. The final legislative action by Murray County, which results in:

a)

The adoption of a land use ordinance;

b)

The adoption of an amendment to a land use ordinance, which changes the text of the land use ordinance;

c)

The adoption of an amendment to a land use ordinance which changes property from one land use district to another; or

d)

The approval of a conditional use (special use) of property.

Land use regulations. The power of Murray County to provide within its territorial boundaries for the districting of property for various uses and the prohibition of other or different uses within such land use districts and for the regulation of development and the improvement of real estate within such districts in accordance with the uses of property for which said land use districts were established.

Land use ordinance. An ordinance for Murray County establishing procedures and land use districts within its territorial boundaries, which regulate the uses and development standards of property within such land use districts. The term also includes the land use map (as hereinafter amended) adopted in conjunction with the land use ordinance of Murray County, which shows the land use districts and the classification of property therein.

Local government. The local government of Murray County, which means the Office of the Murray County Commissioner, or equivalent, hereafter, referred to as the Murray County Commission, which exercises land use power within the territorial boundary of Murray County, Georgia.

Planning commission. The Murray County Land Use Planning Commission or any other agency hereafter designated by the governing authority of Murray County which is authorized to investigate any proposal for a land use decision properly coming before it, to conduct any public hearings necessary for the exercise of any land use power, and to provide an advisory recommendation to the governing authority concerning the proposed land use decision.

Territorial boundaries. The unincorporated areas of the Murray County, State of Georgia.

(Ord. No. 52, 10-15-2002)

State Law reference— Definitions, O.C.G.A. § 36-66-3

Initial adoption of this ordinance and the land use ordinance by Murray County, State of Georgia shall occur without presentation to or recommendation by the Murray County Land Use Planning Commission. At least one public hearing shall be held prior to the adoption of this ordinance and/or the land use ordinance by the Murray County Commission and such proceeding shall comply with the following sections of this ordinance:

Section 5.1 regarding written notice;

Section 6.0 regarding public hearings;

Section 7.0 regarding conduct of hearings;

Section 8.0 regarding land use/conditional use standards; and

Section 9.0 regarding official action.

(Ord. No. 52, 10-15-2002)

State Law reference— Authority to adopt zoning ordinances, O.C.G.A. § 36-66-2.

This ordinance and the land use ordinance of Murray County, Georgia may be amended from time to time subject to the following conditions:

4.1

No Amendment shall become effective unless it shall have been initiated by either the Murray County Commission, the Murray County Land Use Planning Commission, the property owner(s) or an individual who has the owner(s)' power-of-attorney authorizing him/her to act, or a request signed by 60 percent of the property owners who hold not less than 60 percent of the affected land; or a valid conditional use (special use) application for a specific property.

4.2

All proposed land use decisions shall be initiated by an application filed with the Land Development Officer of Murray County on forms provided by Murray County. A standard fee to be set from time to time by the governing authority shall be paid with the application.

(Ord. No. 52, 10-15-2002)

Notice of public hearing on a proposed amendment to this ordinance shall be given as hereinafter set forth:

5.1

At least 15, but not more than 45 days prior to the date set for the public hearing, a written notice shall be published in a newspaper of general circulation in Murray County setting forth the time, place, and purpose of the hearing;

5.2

Except for the initial adoption of the Land Use Ordinance, in addition to the requirements of subsection 5.1, if the proposed amendment calls for a land use decision for 1) changing the land use district of property; or 2) review of a conditional (special) use permit, and the proposed amendment is initiated by a person other than the Murray County Commission;

5.2-1

The published notice shall include the location of the property and state the present land use classification of the property (if applicable) and the proposed land use classification of the property (if applicable); and the proposed use requiring a special use (conditional use) review (if applicable); and

5.2-2

A sign shall be placed in a conspicuous location on the property that is the subject of the land use decision setting forth the time, place and purpose of the public hearing, the present land use classification of the property, and the proposed land use classification of the property (if applicable), and (if applicable) the proposed use requiring a special use (conditional use) review. Acts of vandalism or natural occurrences limiting the effectiveness of notice by a sign posted on the property shall not invalidate any proceedings or action taken on the proposed amendment.

(Ord. No. 52, 10-15-2002)

State Law reference— Requirement for publication of notice, O.C.G.A. §§ 36-66-4 and 36-66-5.

A public hearing for the initial adoption of this ordinance or the land use ordinance of Murray County shall be held before the Murray County Commission. Public notice shall apply as set forth in section 5.1 and the public hearing shall be conducted as set forth in section 7.0 with the commissioner or his/her delegate conducting the public hearing, as would the chairman of the planning commission or his/her delegate.

After initial adoption, a public hearing on any proposed amendment to this ordinance or the land use ordinance of Murray County or conditional use review shall be held before the planning commission on behalf of the Murray County Commission. A public hearing shall be conducted at the time and place specified by the planning commission and as set forth in the public notice described in section 5.0 of this article. The purpose of such hearing shall be to present to the public the proposed land use amendment, and to receive comments thereon from the public. The planning commission shall consider the proceedings and comments of such hearing, in addition to the applicable land use/conditional use standards in section 8.0 of this ordinance, in making any recommendation on the proposed land use decision. The planning commission shall prescribe the rules of order for its deliberations on matters with which it is charged under this ordinance, and said rules of order shall be consistent with the general requirements and purposes set forth in this ordinance and other laws of the State of Georgia concerning conduct of proceedings of public commissions, bodies, and governmental units.

(Ord. No. 52, 10-15-2002)

State Law reference— Requirement to adopt hearing procedure and conduct public hearing, O.C.G.A. §§ 36-66-4 and 36-66-5.

The following policies and procedures shall govern the conduct of public hearings under this ordinance:

7.1

The chairman of the planning commission or his/her delegate on the commission shall open any hearing with an explanation of the purpose of the hearing and a description of the general rules for the conduct of the hearing. The chairman or his/her delegate may describe the authority and role of the planning commission in any land use decision. The chairman or his/her delegate must recognize an individual requesting to be heard on a matter germane to the purpose of the hearing before addressing the planning commission. The chairman or his/her delegate shall chair the hearing and shall determine germaneness of any proposed comment or presentation to the planning commission in the hearing and is authorized to rule any individual or a portion of any presentation out of order if not germane to the published purpose of the hearing. Any person requesting to address the planning commission upon being recognized by the chairman or his/her delegate shall state his name and residence address before proceeding with any comment, remarks, or presentation. Any person addressing the planning commission shall respond to questions of the chairman or any member of the commission. The chairman or his/her delegate may pre-determine the length of any hearing allotting equal time to proponents and opponents of any proposed land use decision to the extent that there are both proponents and opponents who desire to be heard. The chairman or his/her delegate shall only be required to offer equal time to both proponents and opponents of any proposed land use decision and the fact that equal time is not in fact utilized by either position shall not invalidate any proceedings or action taken on the proposed land use decision. The chairman, however, shall allow a minimum time period to be no less than ten minutes per side for the presentation of data, evidence, and opinion.

7.2

The chairman or his/her delegate shall determine whether any application for land use decision is properly filed and the type of land use decision for which the proposed amendment calls. The chairman or his/her delegate shall confirm the giving of proper public notice of the hearing on the proposed land use decision in accordance with this ordinance.

7.3

The chairman or his/her delegate shall allow the person initiating the proposed land use decision or his/her/its designee to present a description of the proposed land use decision and the reason(s) for initiating the proposed land use decision. A failure of the applicant or his/her representative holding power-of-attorney to be present for the hearing shall result in automatic termination of any proceedings on the land use decision and an adverse recommendation on the land use decision shall be forwarded to the Murray County Commission.

7.4

The chairman or his/her delegate shall enter into the record after the presentation of the applicant or his/her/its representative any written comment, petition, or similar written statement, photographs, or any other evidence received by the planning commission prior to the hearing and the same shall be considered by the Murray County Commission in its analysis, in addition to the relevant land use/conditional use standards in section 8.0 of this ordinance, as applicable.

7.5

The chairman or his/her delegate shall give persons opposed to the proposed land use decision the opportunity to address the Planning Commission.

7.6

The chairman or his/her delegate may alternate the presentations of persons speaking in favor of and opposed to the proposed land use decision beginning with the presentation of the applicant or his/her/its representative, or the chairman or his/her delegate may divide such presentations into blocks of time beginning with proponents of the proposed land use decision, and thereafter moving to the presentations of opponents of the proposed land use decision. Further, the chairman or his/her delegate may direct that proponents and opponents designate one or more spokesperson(s) for presentations of favorable and opposing views of the proposed land use decision. The chairman or his/her delegate may poll the public assemblage at the hearing concerning their concurrence in the remarks of any speaker.

7.7

Any remark amounting to attack on the character or personal integrity of another individual, or comment not factually supportable, or comment in the form of an emotional outburst, shall be non-germane to the purpose of any hearing and may be ruled out of order.

7.8

Upon conclusion of the presentation of persons opposing the proposed land use decision, the chairman or his/her delegate shall afford the person initiating the petition an allotted time to address the planning commission in rebuttal of any issue(s) raised by persons addressing the planning commission in opposition to the proposed land use decision. The chairman or his/her delegate may rule out of order the raising of any new issue(s) in rebuttal unless he deems the raising of such new issues useful to the purposes of the hearing, in which case those persons present and opposing the proposed land use decision shall be allocated an equal amount of time through a spokesperson or otherwise to address such new issue(s).

7.9

When proponents and opponents of the proposed land use decision have been heard in accordance with the foregoing procedures, the chairman or his/her delegate shall declare the public hearing closed. No further public hearing on the proposed land use decision shall be required prior to the final land use decision.

(Ord. No. 52, 10-15-2002; Ord. No. 53, Amend. No. 4, 8-1-2006)

State Law reference— Hearing procedures, O.C.G.A. § 36-66-5.

Exercise of the land use power of Murray County shall constitute an effort to balance the interest of the community in promoting the public health, safety, morality, or general welfare against the right of property owners to the unrestricted use of their property. The following standards are determined to be relevant in balancing the interest in promoting the public health, safety, morality, or general welfare against the right to unrestricted use of the property:

State Law reference— Requirement to adopt land use standards, O.C.G.A. § 36-66-5.

8.1

Land use.

State Law reference— Limitation of covenants restricting land use, O.C.G.A. § 44-5-60.

8.1-1

Whether the proposed land use decision would allow a use that is generally suitable for the site compared to other possible uses and the uses and land use district classification of adjacent and nearby properties;

8.1-2

Whether the proposed land use decision would adversely affect the economic value or the uses of adjacent and nearby properties;

8.1-3

Whether the property to be affected by the proposed land use decision can be used under its current land use district classification;

8.1-4

Whether the proposed land use decision, if adopted, would result in a use, which would or could cause an excessive or burdensome use of existing streets, schools, sewers, water resources, police and fire protection, or other utilities;

8.1-5

Whether the subject property under the proposed land use decision is in conformity with the policies and intent of the adopted Murray County, Chatsworth, and Eton Joint Comprehensive Plan, 1994—2015, as amended;

8.1-6

Whether there are other conditions or transitional patterns affecting the use and development of the subject property, if applicable, which give grounds for either approval or disapproval of the proposed land use decision.

8.2

The Murray County Commission shall consider any proposed land use decision properly initiated in light of the standards set forth in section 8.0, as applicable. In evaluating the standards set forth in section 8.0, it shall be the policy of Murray County to exercise its land use power in conformity with the policy and intent of the Murray County, Chatsworth, and Eton Joint Comprehensive Plan, 1994—2015 insofar as that plan is current in its application to the specific property that is the subject of the proposed land use decision. It is further the policy of Murray County to exercise the land use power for purposes of assuring the compatibility of the use of adjacent and nearby properties and the preservation of the economic value of adjacent and nearby properties while enabling a reasonable use of all property.

8.3

Conditional use (special use). The granting of a conditional use does not constitute a permanent change in land use or use. The conditional use can be forfeited if it does not meet the review criteria. To ameliorate the impact of a conditional use on surrounding property, no conditional use may be granted without special provisions for conditions, criteria, standards, and/or requirements as to the particular use. A permit for a conditional use (special use) shall be approved or denied, provided that due consideration is given to the following objective criteria as applicable to the specific use proposed at the specific site requested:

8.3-1

Whether the proposed use impacts negatively or positively the anticipated volume of traffic flow or pedestrian safety in the vicinity;

8.3-2

Whether the hours and manner of operation of the conditional use (special use) have no adverse effects on other properties/uses in the vicinity;

8.3-3

Whether refuse areas, parking, or loading/service areas on the property will be located or screened to protect other properties in the vicinity from noise, light, glare, or odors;

8.3-4

Whether the height, size, or location on the building or other structures on the property are compatible with the height, size, or location of buildings or other structures on neighboring properties;

8.3-5

Whether the size of the lot is sufficient for the proposed use, accounting for growth opportunity that will not infringe upon the requirements of the land use ordinance nor infringe upon the relationship to surrounding land; and

8.3-6

And satisfying the foregoing criteria, whether the benefits of and need for the proposed use are greater than any possible depreciating effects and damages to the neighboring properties.

(Ord. No. 52, 10-15-2002)

Consideration of any proposed land use decision properly initiated and subsequent to the public hearing shall be as follows:

9.1

The land development officer/planning staff of Murray County shall make a report of its investigation of the proposed land use decision to the planning commission commenting on the advisability of adopting any proposed land use decision. The report of the land development officer/planning staff shall be in writing addressed to the planning commission. Further, the land development officer/planning staff's report shall provide an evaluation of each of the standards set forth in section 8.1 (or section 8.3, as applicable) and describe how the land development officer/planning staff's advice is considered to be consistent with the exercise of land use power set forth in section 8.2. A summary of the proceedings of the public hearing shall accompany the planning commission's written recommendation to the Murray County Commission.

9.2

Upon conclusion of the public hearing, the planning commission may approve, disapprove, or table the proposed land use decision. The planning commission may recommend and/or the Murray County Commission may amend an application prior to acting thereon: 1) to reduce the size of the area affected by the land use decision; 2) to change the requested land use district to a less intensive or lower density district than the requested land use district; 3) to specify conditions that are deemed relevant to the public interest regarding site plans, ingress/egress, buffers, and infrastructure related to drainage, utilities, traffic, and other matters. The foregoing powers are not in limitation of any other land use powers accorded Murray County under the laws of the State of Georgia. If consideration of the proposed land use decision is tabled, it shall be reconsidered by the planning commission not later than its next regular monthly meeting. If the Planning Commission fails to recommend action on the land use decision in writing within 60 days of the close of the public hearing or the applicant does not agree in writing to an extension of the 60-day time limit, the applicant may take the proposed land use decision to the Murray County Commission without a planning commission recommendation.

Once an application for a land use decision has been filed and the planning commission opens the public hearing, the planning commission may make a recommendation on the proposed land use decision, and the commissioner shall take a final action, regardless that the applicant withdraws the application for the proposed land use decision.

9.3

The authority of the planning commission and land development officer/planning staff in any land use decision shall be advisory only. The Murray County Commission shall await either the planning commission's recommendation or the 60 days referenced in section 9.2 above, prior to making a final land use decision. Any final land use decision shall be made by the Murray County Commission, who shall either approve or disapprove the proposed land use decision. Any approval of a proposed land use decision may be subject to any and all lawful conditions determined by the governing authority that are attached to the ordinance approving the proposed land use decision.

9.4

If the Murray County Commission shall take official action defeating a proposed change in a land use district or disapproving a conditional (special) use on a specific property, the same property may not be considered again for a change of the land use district or conditional (special) use consideration until the expiration of 12 months from the date of the official action of the Murray County Commission.

(Ord. No. 52, 10-15-2002)

Copies of this land use procedures and standards ordinance, as amended, shall be printed and copies thereof made available for distribution to the general public in the offices of the County Clerk of Murray County, Georgia. distribution to the general public shall be upon request of a member of the general public who shall be entitled to one copy. The Office of the Commissioner, Murray County, Georgia, is authorized to print copies of this ordinance and any amendments thereto from time to time for purposes of public information.

(Ord. No. 52, 10-15-2002)

11.1

Separability. Should any section or provision of this ordinance be declared by a court of competent jurisdiction to be unconstitutional or invalid, such declaration shall not affect the validity of the ordinance as a whole or any part thereof other than the part so declared to be unconstitutional or invalid.

11.2

Repeal of conflicting resolutions and ordinances. All resolutions and ordinances and parts of resolutions and ordinances in conflict herewith are repealed.

11.3

Effective date. This ordinance shall take effect and be enforced from and after its adoption, the public welfare of Murray County, Georgia requiring it.

(Ord. No. 52, 10-15-2002)