A.

Article 4 outlines the procedures to be followed in order to comply with the requirements of this ordinance. Initial information about the ordinance may be obtained from the zoning administrator.

B.

The zoning administrator will provide and maintain copies of the ordinance for review and/or sale.

No building shall be erected, used, occupied, moved or altered nor shall any use be allowed that does not conform to the requirements specified for the district in which such building or use is located, except that all buildings or uses not in conformity with the district requirements which lawfully existed at a particular location at the time this ordinance was adopted may be continued but only as provided in section 403, continuance of nonconforming uses [or structures].

A lawful use of or vested right to use any building, structure or land existing at the time of the adoption of this ordinance or the adoption of any amendment thereto may be continued subject to the restrictions contained in this ordinance even though such use does not conform with the regulations of this ordinance except that:

A.

A nonconforming use or structure shall not be changed to another nonconforming use or structure.

B.

A nonconforming residential or agricultural structure, provided the use therein is a permitted use, may be enlarged, provided [that] it is an improvement, subject to building codes and regulations, to come into conformity with the zoning district development standards, after the date of adoption of this ordinance or the adoption of any amendments thereto.

C.

A nonconforming use shall not be reestablished after discontinuance for six months regardless of any reservation of an intent not to abandon.

D.

Any intended nonconforming use for which a vested right was acquired prior to the adoption of this ordinance or the adoption of an amendment thereto shall be prohibited unless such is actually commenced within one year of the adoption of this ordinance or the adoption of an amendment thereto regardless of the intent or expectation to commence or abandon such nonconforming use.

E.

A nonconforming structure shall not be rebuilt, altered, or repaired except as provided herein:

1.

If the structure is altered or repaired, said alterations or repairs shall be an improvement and in conformity with the building codes in force at the time of said alteration or repair; provided, however, that said alteration or repair shall not extend or enlarge the structure being altered or repaired.

2.

If the structure is totally rebuilt, the replacement structure shall conform with all the requirements of this ordinance, except as to the district; provided, however, [that] said replacement structure may not occupy an area greater than the replaced structure.

No fence or freestanding wall, other than a retaining wall, in a required setback area for a residential zoning district shall be more than six feet in height above finished grade, except as for required screening. (See section 407).

In any commercial or industrial zoning district where a lot abuts any residential district or any adjacent residential use, a 25-foot wide buffer shall be provided with screening as specified in section 407. Off-street parking associated with such uses shall be governed by this same provision.

Any service area, loading area, refuse, or storage area between a principal building and a public street being visible from said street and lying within 100 feet of said street shall be provided with screening as specified in section 407.

Whenever screening is required by this ordinance, a durable masonry wall, or fence and hedge of sufficient opacity to provide a visual blind designed to be compatible with the character of adjoining properties, shall be provided. Such fences and/or walls shall be at least six feet in height, but no greater than eight feet in height, measured from the ground along the common lot lines of the adjoining properties. When hedges or natural plantings are used (together with the fence prescribed) to form the required screening, the minimum sufficient opacity shall be deemed to require no less than three feet of plantings and/or hedge in the area immediately adjacent to the fence, measured along the ground surface from the fence to the inside border of said plantings and/or hedge plantings. Hedges of comparable natural plantings shall be of such variety that an average height of at least six feet could be expected by normal growth within no later than two years from the time of planting. The building official shall make determination of the degree of satisfactory completion of required screening according to a common standard; the building official decisions in each instance may be appealed to the planning and zoning commission.

Wherever this ordinance requires an minimum setback between a property line and a building line, unless otherwise indicated, this shall mean the required minimum distance between any point on the property line to the nearest point on the corresponding building line, i.e., the minimum front building line shall be at least the required minimum distance from the front property line, the rear building line shall be at least the required minimum distance from the rear property line, etc.

A.

The developer or other person wishing to do any of the following must first apply to the building official for a building permit:

1.

Excavation or filling of a lot for the construction of a building.

2.

Erection, movement, extension, or enlargement of a building.

3.

Installation of a manufactured home or industrialized building.

B.

No electrical service will be made available to the site of new construction until a building permit is secured.

C.

The building permit must be applied for either by the owner of the land upon which the propose building or alteration is to be located, or by the contractor doing the work.

D.

Any contractor, other than the owner who will perform work which is the object of a building permit, shall present his state license to the building official before the permit shall be issued.

E.

The applicant may obtain a building permit application from the building official. He should complete the application form and submit it to the building official, together with any supporting documentation which the building official may specify.

F.

No application will be accepted from any person who is in violation of the zoning ordinance. If an applicant for a building permit is, at the time of such an application, determined by the building official to be in violation of the zoning ordinance, then the building official will be prohibited from accepting or processing any application from that applicant until the applicant voluntarily removes or changes the cause of the violation and ceases to be in violation. The applicant must notify the building official that he has ceased the violation and obtain a release from the zoning administrator as to the violation.

G.

When the applicant has ceased to be in violation of this ordinance, the building official will then accept the application for [a] building permit.

H.

Before a building permit is issued by the building official, the Screven County Health Department must approve the proposed water supply and sewage disposal facilities required in connection with the proposed building or structure. In areas served by a public water and sewage system, the health department may elect to waive the requirement for approval. After study of the site of a proposed use, the health department may require for health reasons that all or any portion of the site not be used for the intended purpose. The health department may also set a minimum lot size larger than that required by this ordinance. The Screven County Health Department will either approve or disapprove the water and sewer facilities within 30 days of receipt of the application from the building official, providing a written decision, including reasons for the decision.

I.

An existing use which is altered or extended must meet applicable Screven County building codes and development regulations. When an applicant seeks a building permit for the extension or alteration of an existing use, the building official will inspect the use and determine what, if anything, is needed to bring the use into conformance with the applicable building codes and development regulations before a building permit may be issued.

J.

The building official is in charge of issuing building permits. The building permit will be issued if, upon review of the application, the building official is satisfied that the proposed project can meet the requirements of this ordinance and all other applicable ordinances. The building official may require the submission of additional information in order to determine if the proposed project meets the requirements of this ordinance.

K.

If the building official determines that the proposed project as presented in the building permit application will not satisfy the requirements of this ordinance, he will not issue a building permit. He will notify the applicant in writing within ten working days of the submission of the application, stating reasons for the refusal. The applicant will then need to confer with the building official to determine what he needs to do in order to comply with the ordinance and be eligible for a building permit.

L.

Construction on an approved project must start within six months from the date of issue of the building permit, or the permit will become invalid and a new one must be applied for if construction of the project is desired at a future date. If construction has begun on an approved project and then ceases before the project is completed, construction must be restarted within 12 months from the time that it was stopped, or the permit will become invalid and a new one must be applied for if construction of the project is desired to resume at a future date. Records of building permit applications and supporting materials will be maintained by the building official.

M.

All newly constructed buildings, as well as additions, extensions or enlargements of structures must comply with all building codes in effect in Screven County. The building official will explain the procedures and timing of inspections to determine if work meets applicable codes.

N.

The building official may revoke any building permit where there has been any false statement or misrepresentation as to a material fact or condition in the application or plans on which the permit was based, and upon such revocation, all construction, improvements or alterations as authorized by such permit or approval, shall cease until a valid building permit is issued.

O.

No person or entity is entitled to rely on any permit, document, promise, or assurance given or issued by Screven County, unless it is consistent with and in compliance with local ordinances.

A.

[A] certificate of occupancy is required before a structure for which a building permit has been issued may be occupied or used. The certificate of occupancy must be signed by the zoning administrator and attest that to the best of his knowledge all requirements of this ordinance have been met. The owner/contractor will then receive the certificate of occupancy to be used as confirmation that he has complied with the provisions of this ordinance.

B.

The zoning administrator will issue the certificate of occupancy upon notification by the building official that all applicable building codes and other uniform development standards and ordinances have been met. However, if the building official finds that all requirements of such ordinances have not yet been met when the owner/contractor seeks a certificate of occupancy, the zoning administrator will not issue the certificate of occupancy. The zoning administrator will notify the owner/contractor within ten working days, stating reasons for the refusal. The owner/contractor will then need to confer with the zoning administrator to determine what he needs to do in order to comply with the ordinance and be eligible for a certificate of occupancy.

A.

If the zoning administrator or building official executes an action which the aggrieved party believes to be contrary to this ordinance, that action may be appealed. Such an appeal must be filed within 30 days of the date on which the action by the zoning administrator or building official was taken.

B.

The planning and zoning commission has jurisdiction for hearing appeals concerning actions of the zoning administrator or building official related to this ordinance. Applications for appeal may be obtained from and submitted to the zoning administrator, who will transmit them to the planning and zoning commission for its consideration.

C.

When an action of the zoning administrator or building official is appealed, all construction or other activity authorized by the appealed action must be stopped immediately. In certain cases, however, the building official may feel that the stopping of such construction or other activity authorized by the appealed action will cause imminent peril to life or property. Then, the building official may certify to the planning and zoning commission that, by reason of facts stated in the certificate, the halting of construction or other activity authorized by the appealed action would in his opinion cause imminent peril to life or property. In such cases, the construction or other activity authorized by the appealed action is allowed to continue unless the construction is halted by the planning and zoning commission or a restraining order is granted by a court of competent jurisdiction.

D.

When an application for appeal of an action of the zoning administrator or building official is received, the planning and zoning commission shall set a time and place for a public hearing on the appeal. Notice of the hearing must be published in a newspaper of general circulation in Screven County at least 15 days before the hearing. In addition, the parties to the appeal will be notified of the date of the hearing by the planning and zoning commission by certified mail, with return receipt requested, and postmarked at least 15 days before the hearing. Any person may appear at the hearing, or have a representative attend instead.

E.

All persons who wish to address the planning and zoning commission at a hearing concerning an appeal under consideration by the planning and zoning commission shall first sign up on a form to be provided by the zoning administrator prior to the commencement of the hearing.

F.

The chairman or his designee will read the proposed appeal under consideration, and the departmental reviews pertaining thereto, if any, prior to receiving public input on the proposed appeal. Appeals shall be called in the order in which they were filed.

G.

The chairman or his designee shall then call each person who has signed up to speak on the appeal then before the planning and zoning commission in the order in which the persons have signed up to speak, except that the applicant who shall speak first. Prior to speaking, the speaker will identify himself or herself and state his or her current address. Only those persons who signed up to speak prior to the commencement of the hearing shall be entitled to speak, unless two-thirds of the members of the planning and zoning commission present at the hearing allow the person to speak to the appeal.

H.

Each speaker shall speak only to the merits of the proposed appeal under consideration and shall address his remarks only to the member of the planning and zoning commission. Each speaker shall refrain from personal attacks on any other speaker or from discussing facts or opinions irrelevant to the proposed appeal under consideration. The chair may limit or refuse a speaker the right to continue, if the speaker, after first being cautioned, continues to violate this subsection.

I.

Nothing contained herein shall be construed as prohibiting the chair from conducting the hearing in an orderly and decorous manner to ensure that the public hearing on the appeal is conducted in a fair and orderly manner.

J.

The planning and zoning commission shall make a decision concerning the appeal and record the decision in the minutes for that meeting. Any person aggrieved by a decision by the planning and zoning commission may petition the Screven County Board of Commissioners. The board of commissioners may follow the same notice requirement and public hearing procedures as required pf the planning and zoning commission. In exercising its powers, the board of commissioners may, in conformity with the provisions of this ordinance, reverse or affirm, wholly or partly, or may modify the order, requirements, decision, or determination, and to that end shall have all the powers of the planning commission.

K.

The concurring vote of a majority of the members present of the board of commissioners shall be necessary to reverse any order, requirement, decision, or determination of the planning commission, or to decide in favor of the applicant on any matter upon which it is required to pass under this ordinance.

L.

On all appeals brought before the board of commissioners, said board shall inform, in writing, all the parties involved of its decisions, and the decision shall be recorded in the minutes. Recourse from a decision by the board of commissioners shall be by writ of certiorari to the Screven County Superior Court within 30 days of the decision of the board of commissioners.

M.

The planning and zoning commission and the board of commissioners may establish such other rules as may be provident and in accordance with due process for the conduct of their hearings which are not inconsistent with those rules set forth in this section.

(Ord. of 4-13-2021(2), §§ 11, 12)

A.

A variance is a permit, issued by the planning and zoning commission, which allows use of a parcel of land in a way that varies from requirements for the district in which the property is located. A variance may be granted only in an individual case where an undue hardship would result if all of the requirements of this ordinance were applied stringently to a particular piece of property. A hardship means that a permitted use of a lot is not reasonable if all of the requirements of this ordinance are to be met. A hardship may exist for medical reasons which would permit the temporary placement of a manufactured home, meeting applicable development standards, on the same parcel as the original principal dwelling. Such temporary dwelling shall be placed behind the principle and within 300 feet of the principal dwelling. Such temporary dwelling shall provide living quarters for an infirm family member or to provide living quarters for a family member or certified/registered assisted living employee to aid in the care of one or more infirm family members living in the original principal dwelling. Variances approved for medical hardship cases shall be reviewed annually by the planning and zoning commission. When the medical hardship ceases to exist, the owner of the principal dwelling shall notify the zoning administrator. Such manufactured home shall be removed within 30 days, or subject to owner of the principle dwelling to fines and penalties as outlined in section 418. The hardship cannot be self-created such as:

1.

A lot purchased with knowledge of an existing restriction.

2.

A claim of hardship in terms of prospective sales.

3.

An expressed economic need requiring a variance, when such a need can be met in other ways which would not require a variance.

B.

A variance shall not cause substantial detriment to the public good or impair the purposes of this ordinance.

C.

When a variance is issued, the spirit of this ordinance must be observed and the public safety and welfare secured. A variance may be granted only for permitted uses in the zoning district in which the property in question is located.

D.

The developer or owner wishing to request a variance must have at least 51 percent ownership of the subject property or be the duly authorized agent of such a person, possessing notarized authorization in writing, under the owner's signature. The planning and zoning commission or board of commissioners may also propose a variance. However, the power to approve a variance rests with the planning and zoning commission, except that in consideration of a rezoning of property from one zoning district to another, the board of commissioners may approve a variance in connection with its approval of a conditional rezoning.

E.

Application for a variance may be made with the zoning administrator. The zoning administrator will take the required information and transmit it to the planning and zoning commission for its consideration. If an applicant for a variance is, at the time of such application, operating a use which requires a variance without having received variance approval, and/or is determined by the zoning administrator to be in violation of the zoning ordinance, as it pertains to the application in question, then the fee for processing the variance application shall be two times the normal variance application fee and the applicant shall cease operations or activities while the variance application is pending. The zoning administrator shall not process any application from that applicant as it pertains to the property in question until the applicant remedies the violation and ceases to be in violation, to the extent practical as determined by the zoning administrator. If the variance application is approved and it remedies the violation, the applicant may continue the activity or operation. If the variance application is not approved, the applicant shall be prevented from continuing the activity or operation applied for until otherwise compliant with the county zoning ordinance.

F.

When the applicant has ceased to be in violation of this ordinance, the zoning administrator will then accept the application for variance.

G.

When an application for a variance is received, the planning and zoning commission will set a time and place for a public hearing on the variance. Notice of the hearing must be published in a newspaper of general circulation in Screven County at least 15 days before the hearing. Such notice will state the application number, owner's name, property location, its area, time, place and subject of the hearing. At least 15 days before the public hearing, notice of the time, place, and subject of the hearing will be sent to the appellant or petitioner in writing by U.S. mail to his last known address. Copies of all such letters will be maintained in the applicant's file. The zoning administrator shall post a sign at least two feet by three feet in size in a conspicuous place on the property at least 15 days but not more than 45 days prior to the date of the scheduled public hearing before the planning and zoning commission. The sign must set forth the subject of the hearing, date, time and place of the scheduled public hearing.

H.

All persons who wish to address the planning and zoning commission at a hearing concerning an appeal under consideration by the planning and zoning commission shall first sign up on a form to be provided by the zoning administrator prior to the commencement of the hearing.

I.

The chairman or his designee will read the proposed appeal under consideration, and the departmental reviews pertaining thereto, if any, prior to receiving public input on the proposed appeal. Appeals shall be called in the order in which they were filed.

J.

The chairman or his designee shall then call each person who has signed up to speak on the appeal then before the planning and zoning commission in the order in which the persons have signed up to speak, except that the applicant who shall speak first. Prior to speaking, the speaker will identify himself or herself and state his or her current address. Only those persons who signed up to speak prior to the commencement of the hearing shall be entitled to speak, unless two-thirds of the members of the planning and zoning commission present at the hearing allow the person to speak to the appeal.

K.

Each speaker shall speak only to the merits of the proposed appeal under consideration and shall address his remarks only to the member of the planning and zoning commission. Each speaker shall refrain from personal attacks on any other speaker or from discussing facts or opinions irrelevant to the proposed appeal under consideration. The chair may limit or refuse a speaker the right to continue, if the speaker, after first being cautioned, continues to violate this subsection.

L.

Nothing contained herein shall be construed as prohibiting the chair from conducting the hearing in an orderly and decorous manner to assure that the public hearing on the appeal is conducted in a fair and orderly manner.

M.

The planning and zoning commission will make a decision concerning the variance and record the decision in the minutes for that meeting.

N.

The planning and zoning commission may impose any other conditions which must be complied with by the applicant to compensate for the requirements varied from.

O.

Where a variance is granted for a construction activity requiring a building permit, the building permit must be obtained and construction must begin within six months of the issuance of the variance. Otherwise, the variance expires after six months.

P.

Any person aggrieved by a decision of the planning and zoning commission on an application for a variance may appeal the decision of the planning and zoning commission to the Screven County Board of Commissioners which shall hear such appeal pursuant to the same procedures established for consideration of a variance by the planning and zoning commission.

(Ord. of 11-9-2004(2), § 4; Ord. of 4-13-2021(2), §§ 13, 14)

A.

Local zoning provision to allow for DRI review. For new developments proposed within Screven County which meet or exceed the minimum threshold identified in the department of community affair's Procedures and Guidelines for the review of developments of regional impact (DRI). The county, upon receiving a completed application as determined by the zoning administrator, will comply with these intergovernmental review procedures. The county shall be allowed up to a maximum of 30 days to complete the review process for large development projects that are likely to create impacts in other local jurisdictions. The county will not take any official action to further any such developments until the DRI review process is completed.

(Ord. of 4-13-2021(2), § 15)

A.

Some zoning districts permit certain uses only upon approval of the board of commissioners after receiving a recommendation from the planning and zoning commission. These uses are identified in this ordinance as conditional uses and such uses are allowed only under the circumstances specified in this ordinance.

B.

The developer or owner wishing to request a conditional use must have at least 51 percent ownership of the subject property or be the duly authorized agent of such a person, possessing notarized authorization in writing, under the owner's signature. The planning and zoning commission or board of commissioners may also propose a conditional use. However, the power to approve a conditional use rests with the board of commissioners.

C.

Application for a conditional use shall be filed with the zoning administrator. If an applicant for conditional use is operating a use which requires a conditional use without conditional use approval, and/or is determined by the zoning administrator to be in violation of the zoning ordinance as it pertains to the application in question, then the fee for processing the conditional use shall be two times the normal conditional use permit fee and the conditional use applicant shall cease operations of the conditional use while the conditional use application is pending. The zoning administrator shall not process any application from that applicant as it pertains to the property in question until the applicant remedies the violation and ceases to be in violation, to the extent practical as determined by the zoning administrator. If the conditional use is approved and it remedies the violation, the conditional use applicant may continue the activity or operation. If the conditional use is not approved, the applicant shall be prevented from continuing the activity or operation applied for until otherwise compliant with the the county zoning ordinance.

D.

When the applicant has ceased to be in violation by [of subsection] C above, the zoning administrator will then accept the application for conditional use.

E.

When an application for a conditional use is filed, it shall be considered under the same procedure as required for an amendment to the official zoning map under the provisions of section 414, except as otherwise provided by the provisions of this section. If the application requires a review period, the 60-day time limit in subsection 414(I) shall not start until all reviews are completed as determined by the zoning administrator.

F.

The planning and zoning commission and board of commissioners will consider the following standards in arriving at a decision on the conditional use:

1.

It must not be detrimental to the use or development of adjacent properties, or to the general neighborhood; it must not adversely affect the health or safety of residents or workers.

2.

It must not be that any possible depreciating effects and damages to the neighboring properties are greater than the benefits or need for the conditional use.

3.

It must not adversely affect existing uses, and it must be proposed to be placed on a lot of sufficient size to satisfy the space requirements of the use.

4.

It must meet all other requirements of this ordinance.

G.

The planning and zoning commission may recommend and board of commissioners may impose any additional conditions and development standards, along with the grant of a conditional use, as may be necessary to protect the health and safety of the workers and residents and to protect the surrounding landowners and neighborhoods.

H.

The board of commissioners is not bound by the recommendation of the planning and zoning commission, and after consideration of the standards set forth in subsection G, the board of commissioners may grant or deny the application for a conditional use and, if granted, establish such additional conditions and developments standards at it deems appropriate to satisfy the standards in subsection G.

I.

If the building official finds that any restrictions upon which a conditional use was granted is not being complied with, it may suspend the permit for the conditional use until such time as the applicant brings the conditional use into compliance with the restrictions imposed by the board of commissioners. Only work upon the conditional use may be allowed during suspension of the permit which is necessary to bring the conditional use into compliance with the restrictions imposed by the board of commissioners.

J.

The chairman or his designee shall then call each person who has signed up to speak on the appeal then before the planning and zoning commission in the order in which the persons have signed up to speak, except that the applicant who shall speak first. Prior to speaking, the speaker will identify himself or herself and state his or her current address. Only those persons who signed up to speak prior to the commencement of the hearing shall be entitled to speak, unless two-thirds of the members of the planning and zoning commission present at the hearing allow the person to speak to the appeal.

K.

Each speaker shall speak only to the merits of the proposed appeal under consideration and shall address his remarks only to the member of the planning and zoning commission. Each speaker shall refrain from personal attacks on any other speaker or from discussing facts or opinions irrelevant to the proposed appeal under consideration. The chair may limit or refuse a speaker the right to continue, if the speaker, after first being cautioned, continues to violate this subsection.

L.

Nothing contained herein shall be construed as prohibiting the chair from conducting the hearing in an orderly and decorous manner to assure that the public hearing on the appeal is conducted in a fair and orderly manner.

M.

No application for a conditional use shall be considered for six months following denial of the same or substantially same request.

(Ord. of 11-9-2004(2), § 5; Ord. of 4-13-2021(2), § 16)

A.

Any land owner may request that the official map be amended from the existing another as it applies to the owner's property. Also, any person affected by this zoning ordinance may propose an amendment to the text of this zoning ordinance under the provisions of this section. As used in this section, the term "amendment" shall mean both a change to the official map and a change to the text of this ordinance unless otherwise indicated. The developer or owner wishing to request an amendment of the official map must have at least 51 percent ownership of the subject property or be the duly authorized agent of such a person, possessing notarized authorization in writing under the owner's signature. The planning and zoning commission or the board of commissioners may also propose an amendment. However, the power to approve and enact an amendment rests within the legislative discretion of the board of commissioners.

B.

Application for an amendment may be made with the zoning administrator. The zoning administrator will take the required information and transmit it to the planning and zoning commission for its consideration. If the property which is the subject of an amendment, at the time of such an application, is determined by the zoning administrator to be in violation of the zoning ordinance, then the fee for processing the amendment shall be two times the normal amendment application fee and the applicant shall cease operations of the activity or operation found to violate this zoning ordinance while the amendment application is pending. The zoning administrator shall not process any application from that applicant as it pertains to the property in question until the applicant remedies the violation and ceases to be in violation, to the extent practical as determined by the zoning administrator. If the amendment application is approved and it remedies the violation, the applicant may continue the activity or operation. If the amendment is not approved, the applicant shall be prevented from continuing the activity or operation applied for until otherwise compliant with the county zoning ordinance.

C.

An applicant requesting an amendment to the official map shall provide the zoning administrator the following:

1.

Details of the proposed use.

2.

Legal description and scaled drawing (showing all existing and proposed improvements) will be the minimum requirement for the planning and zoning commission. The planning and zoning commission may require certified surveyor's plat. Such plat, certified by a registered professional surveyor with all existing and proposed improvements shown thereon, shall be filed with the zoning administrator after approval by the board of commissioners.

3.

Any other materials or information as may be deemed appropriate by the zoning administrator.

D.

When an amendment is initiated by a party other than the board of commissioners which involves changing the zoning district of a parcel of land, the zoning administrator shall post a sign at least two feet by three feet in size in a conspicuous place on the property at least 15 days but not more than 45 days prior to the date of the scheduled public hearing before the board of commissioners. The sign must set forth the fact that it is a "ZONING NOTICE." It must show the present zoning classification, the proposed zoning classification, the purpose, date, time, and place of the scheduled public hearing, and it must inform the public that additional information may be obtained from the zoning administrator. A certified letter shall be mailed to the owners of property adjacent to the property for which an amendment is requested. Such letter may be sent to the names and addresses of those property owners as shown on the tax maps of Screven County.

E.

All applications for amendment must first be reviewed by the planning and zoning commission. The planning and zoning commission will study the proposed amendment and determine if it meets the requirements of this ordinance, as well as other applicable ordinances of Screven County. At this time, the zoning administrator may review the proposed amendment and make written recommendations to the planning and zoning commission.

F.

When considering a proposal to amend the official map, the following standards shall govern the exercise of zoning power as required by O.C.G.A. § 36-66-5.

Standards:

1.

The existing uses and zoning of nearby property.

2.

The suitability of the property for the proposed purpose or the availability of other and suitable for the proposed area.

3.

The length of time the property has been vacant as zoned.

4.

The extent to which the value of the property is diminished by the present zoning.

5.

The balance between the hardship on the property owner and the benefit to the public in not rezoning.

6.

The effect the proposed rezoning would have on the population density pattern, public service and facilities.

7.

The extent to which the zoning decision is consistent with the Comprehensive Land Use Plan of Screven County.

8.

Whether the zoning proposal will adversely affect the existing use or usability of adjacent or nearby property.

9.

Whether there are substantial reasons why the property cannot be used in accordance with existing zoning.

10.

Whether the change suggested is out of scale with the needs of the neighborhood or the county.

11.

Any other factors relevant to balancing the interests in promoting public health, safety, morality, or general welfare against the right to unrestricted use of property.

G.

The planning and zoning commission and the board of commissioners may also consider whether development of the property and the zoning classification sought would do any of the following:

1.

Have an adverse effect on the insurance rating of the county, or any substantial portion of the county, issued by the Insurance Service Office or similar rating agency.

2.

Overtax any streets, presently existing to serve the site, or other public facilities and utilities.

3.

Have a substantially adverse impact on the environment, including but not limited to, drainage, soil erosion and sedimentation, flooding, air quality, light and water quality and quantity.

H.

The planning and zoning commission may conduct a public hearing at its option on any proposed amendment.

I.

The planning and zoning commission shall make a written record of its recommendation on the proposed amendment and forward a copy of its recommendation to the board of commissioners within 60 days of the date on which a completed application for the proposed amendment was received and determined complete (see subsection 703.B.12.g.) by the zoning administrator. If the planning and zoning commission fails to send its recommendations to the board of commissioners within the aforesaid 60 days, it shall mean that the planning and zoning commission recommends approval of the amendment. Should it become necessary for an applicant to make changes or amendments to an application within this 60-day time frame, the proposed process will start over.

J.

After receipt of the recommendation of the planning and zoning commission, the board of commissioners shall conduct a public hearing on the proposed amendment. Notice of the hearing must be published in a newspaper of general circulation in Screven County at least 15 days but not more than 45 days prior to the date of the hearing. The notice shall state the time, place, and purpose of the hearing. If the amendment is for the rezoning of property from one district to another and is initiated by a party other than the board of commissioners, then the notice shall also include the location of the property, the present zoning district of the property, and the proposed zoning district of the property.

K.

The following policies and procedures will be observed in conducting the required public hearing:

1.

The hearing will be held in the Screven County Courthouse, Sylvania, Georgia.

2.

Written comments on the subject of the hearing may be submitted by any citizen or property owner at any time prior to the adjournment of the hearing.

3.

Persons desiring to be heard orally may present their views at the hearing, but shall first sign up on a form to be provided by the board prior to the commencement of the hearing. Any party who wishes to address the board through his or her attorney or other designated representative or agent shall first sign up on a form to be provided by the board prior to the commencement of the hearing, setting forth the name of their principal and the capacity in which they are appearing before the board, i.e. whether as attorney, parent, attorney in fact, real estate agent or otherwise.

4.

The board chair will cause to be read the proposed zoning decision under consideration and any departmental reviews pertaining thereto prior to receiving public input on said proposed zoning decision. Proposed zoning decisions shall as a general rule be called in the order in which they are received by the board, provided that nothing shall prevent the board from changing the order of decisions reviewed at the time of hearing for the convenience of the board and the public.

5.

The board chair shall call each person who has signed up to speak on the proposed zoning decision in the order in which the persons have signed up to speak, except for the applicant, who will always speak first. If the board has brought a proposed zoning decision to the hearing, then the commissioners shall speak first. Proponents and opponents of each zoning decision shall have ten minutes per side for presentation of data, evidence, and opinion. The applicant may use all of the time in the initial presentation, or may choose to reserve any remaining time for rebuttal. If the board in its discretion allows either the proponents or opponents to exceed the allotted time, the other side shall be granted equal time. If a number of speakers wish to speak, they must decide among themselves how to allocate the ten minutes per side. The time shall be kept by the clerk or other staff designated by the board.

6.

Each speaker shall speak only to the merits of the proposed zoning decision under consideration and shall address his or her remarks only to the board. Each speaker shall refrain from personal attacks on any other speaker or the discussion of facts or opinions irrelevant to the proposed zoning decision under consideration. The board may limit or refuse a speaker the right to continue, if the speaker, after first being cautioned, continues to violate this subsection.

7.

Nothing contained herein shall be construed as prohibiting the board from taking reasonable steps necessary to ensure that hearings are conducted in a decorous manner, to ensure that the public hearing on each proposed zoning decision is conducted in a fair and orderly manner.

8.

Prior to the close of the hearing, the board shall announce whether it will vote on the proposed amendment or decision at that same hearing or whether it will defer its vote.

9.

Any person desiring a transcript of the hearing must arrange for a court reporter at their own expense.

10.

Cross examination of persons making oral presentations will not be permitted.

11.

All questions will be addressed to the chairman of the board of commissioners.

L.

After reviewing the record of the public hearing and considering recommendations from the planning and zoning commission, the board of commissioners may approve or deny the requested amendment, reduce the land area for which the amendment is requested, change the district or land use category requested, or impose conditions which may restrict the use or development of the property in a manner not otherwise required by this zoning ordinance. Any such conditions imposed by the board of commissioners shall be incorporated into this zoning ordinance and shall become a part of the official zoning map, whether or not actually entered upon the official zoning map.

M.

If the board of commissioners denies a proposed amendment to change a zoning district, no amendment to the zoning district as it applies to that property may be again filed with the zoning administrator until at least six months following the denial by the board of commissioners.

(Ord. of 11-9-2004(2), § 6; Ord. of 4-13-2021(2), §§ 17, 18)

A.

The planning and zoning commission shall consist of seven members, appointed by the board of commissioners to serve for staggered terms; upon appointments of the first planning and zoning commission, two members shall be appointed for three years, three shall be appointed for two years, and two for one year. After the initial terms, each member of the planning and zoning commission shall be appointed for a term of three years. Each member shall serve until their successor has been appointed and taken office. Members shall be eligible to succeed themselves. Any vacancy in the membership shall be filled for the unexpired term in the same manner as the initial appointment. Members shall be removed for cause by the board of commissioners based on written charges and after a public hearing. Any member of the planning and zoning commission who does not attend two successive regularly scheduled meetings without reasonable cause shall be deemed to have resigned from the commission and the board of commissioners shall accept nominations and appoint a new member in the same manner as the initial appointment. The amount of compensation to planning and zoning commission members shall be $50.00 per month, or such fee as established by the board of commissioners.

B.

The planning and zoning commission shall elect one of its members as chairperson, who shall serve for one year or until the chairperson is reelected or a successor is elected. The planning and zoning commission shall adopt rules in accordance with this zoning ordinance and state law. Meetings of the planning and zoning commission shall be held at the call of the chairperson or at other times as the planning and zoning commission may determine. The planning and zoning commission shall keep minutes of its proceedings, showing the vote of each member upon each question, and shall keep records of its examinations and other official actions, all of which shall be fled, upon official approval in the office of the clerk of the board of commissioners and shall be public record. All meetings and all records of the planning and zoning commission shall comply with O.C.G.A. § 50-14-1 et seq.; O.C.G.A. § 50-18-1 et seq.

C.

The planning and zoning commission shall require the applicant to furnish such information as it deems necessary when filing an application.

D.

It shall be the responsibility of the planning and zoning commission to review and recommend to the board of commissioners, its approval, disapproval, or approval with conditions on all requests for rezoning, map and text interpretations and other amendments submitted to the designated officials or initiated by any other individual or governmental unit.

E.

The planning and zoning commission does not have the power to amend any zoning ordinance, to rezone any land, or to allow any use not permitted by this zoning ordinance.

(Ord. of 4-13-2021(2), § 19)

If the board of commissioners takes an action which the developer or other aggrieved party believes to be contrary to law, that action may be appealed to the Screven County Superior Court. Such an appeal must be filed within 30 days of the date on which the action of the board of commissioners was taken.

The following fees shall be assessed:

Any person who violates any provision of this ordinance or any amendment to this ordinance, or who fails to perform any act required hereunder or commits any prohibited act, upon conviction thereof in the Magistrate Court of Screven County, shall be fined not more than $500.00 for each offense, and such penalties shall be imposed at the discretion of the judge. Each and every day for which any violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such hereunder.

If any building or land is used or maintained in violation of this ordinance, anyone, including the county, who would be harmed by such a violation may initiate legal proceedings to obtain an injunction or other appropriate remedy to stop the violation or to prevent any act which would constitute such a violation. Other legal remedies are also available as provided by Georgia law.