5.1.1 Organization. The planning and zoning board shall consist of five regular members and two alternate members appointed by the city council. No less than four of the members shall be (a) tax payers primarily residing in the City of Springfield or (b) taxpayers primarily residing in Effingham County who hold a valid City of Springfield business license. The members shall serve for overlapping terms of two years or thereafter until their successors are appointed. Any vacancy in the membership shall be filled for the unexpired term in the same manner as the initial appointment, unless a different term is provided at the time of appointment. Members may be removed for cause by the city council upon written charges and after public hearing. The city council shall determine the amount of compensation, if any, to be paid to the members of the planning and zoning board. None of the members shall hold any other public office or position in the municipality or county, except that one member may be also a member of the city council.

5.1.2 Procedure. The board shall elect one of its members as chairman, who shall serve for one year or until he is re-elected or his successor is elected. The Planning and Zoning Board shall appoint a secretary who may be an officer of the City Council. The board shall adopt rules in accordance with the provisions of any ordinance or resolution adopted pursuant to this ordinance.

5.1.3 Meetings. Meetings of the board shall be held at the call of the chairman and at such other times as the board may determined. The chairman, or in his absence the acting chairman, may administer oaths and compel the attendance of witnesses by subpoena. The board shall keep minutes of its proceedings, showing the vote of each member upon each question, or if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions, all of which shall be immediately filed in the office of the board and shall be a public record. Alternate members shall attend meetings of the board and may participate in discussions, but an alternate shall not vote unless appointed by the chairman to replace a regular member who is absent or who cannot participate and vote due to conflict.

5.1.4 Filing of Applications. The Board may require the applicant to furnish such information as it deems necessary when filing an application or appeal, and may require specific forms to be used.

5.1.5 Refiling of Disapproved or Withdrawn Cases. If a case is disapproved by the Board, thereafter the Board shall take no further action on another case for substantially the same proposal of the same property until one year after the date of such disapproval. If a case before the Board is advertised, and thereafter withdrawn by the applicant before or at the meeting of the Board, he shall be precluded from filing another application for substantially the same proposal on the same premises for six months.

5.1.6 Hearings. The Board shall fix a time and place for a hearing on all proposed actions resulting in zoning decisions, and give notice as follows:

5.1.6.1 Public Notice. Notice shall be given not more than 45 days and not less than 15 days in advance of any public hearing required by this ordinance. Such notice shall be published once each week for two successive weeks in a newspaper of general circulation in the municipality. Such notice shall state the time and place of the hearing and the particular nature of the matter to be considered at the hearing.

5.1.6.2 Policies and Procedures.

i.

All public hearings conducted by the Board on matters referred to it shall be called to order by the presiding officer.

ii.

The presiding officer shall open the hearing by stating the specific zoning matter being considered at the public hearing, and shall explain the procedures to be followed in the conduct of the hearing and further stating that printed copies of the adopted standards governing the exercise of the zoning powers of the Board, and the procedures governing hearings before the Board are available to the public.

iii.

The presiding officer shall determine the number of attendees who desire to testify or present evidence at the hearing.

iv.

When there is a large number of individuals wishing to testify at a hearing, the presiding officer may invoke time limits on individual speakers. In such cases, these time limits shall apply to all speakers: Proponents, including the petitioner or the petitioner's agent requesting the zoning decision, shall have no less than ten (10) minutes for the presentation of data, evidence, and opinions; opponents of the proposed decision shall have an equal minimum period of time. The presiding officer may grant additional time; provided, however, an equal period of time shall be granted both sides.

v.

The petitioner requesting the proposed zoning decision, or the petitioner's agent, shall be recognized first and shall be permitted to present and explain the request for the zoning decision. Thereafter, all individuals who so desire shall be permitted to speak in favor of the zoning decision.

vi.

After all individuals have had an opportunity to speak in accordance with Section 5.1.6.2.5 above, those individuals present at the public hearing who wish to speak in opposition to the proposed zoning decision shall have an opportunity to speak.

vii.

So long as each side is given no less than ten (10) minutes for the presentation of data, evidence, and opinions, the presiding officer may limit repetitious comments in the interest of time and may call for a show of hands of those persons present in favor of or opposed to the proposed zoning decision.

viii.

It shall be the duty of the presiding officer to maintain decorum and to assure the public hearing on the proposed zoning decision is conducted in a fair and orderly manner.

ix.

Once all parties have concluded their testimony, the presiding officer shall adjourn the public hearing.

5.1.6.3 Executive Session. The hearing of the Board shall be public. However, the Board may go into executive session as permitted by law.

5.1.6.4 Adjourned Hearings. Upon the day for hearing any application or appeal, the Board may adjourn the hearing in order to permit the obtaining of additional information or to cause such further notice as it deems proper to be served upon such other property owners as it decides may be substantially interested in said application or appeal.

5.1.6.5 Decisions of the Board. The Board shall decide all applications and appeals within 45 days after the final hearing thereon. Upon Request notice of decision shall be given to the petitioner and all parties so requesting. The Board's decision shall be binding on the Building and Zoning Official, and he or she shall incorporate the same in any permit issued. If the Board does not render its decision within 45 days of the final hearing, it shall be deemed that the Board has decided in favor of the party making the request.

(Ord. No. 2020-04, § 1, 8-11-2020; Ord. No. 2024-05, § 1, 2-13-2024)

5.2.1 To hear appeals where an error is alleged in any order, requirements, decision, or determination made by the Building and Zoning Official in the enforcement of any section or article adopted pursuant to this ordinance and to make recommendations to the City Council thereupon.

5.2.2 To hear requests for special exceptions to the terms and conditions of the ordinance and to make recommendations to the City Council thereupon, as provided in Section 5.8.

5.2.3 To hear requests for conditional use permits and to make recommendations to the City Council thereupon, as provided for in Section 5.4.

5.2.4 To hear appeals in specific cases for requests for variances from the terms of the ordinance as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the ordinance or resolution will, in an individual case, result in unnecessary hardship, so that the spirit of the ordinance or resolution shall be observed, public safety and welfare secured, and substantial justice done and make a recommendation to the City Council as provided in Section 5.5

5.2.5 To hear requests for changes to the City of Springfield Zoning Map and Text of the Zoning Ordinance and to make recommendations to the City Council thereupon.

5.2.6 Specific Limitation of Powers of the Board. The Board does not have the power to amend any zoning ordinance, to rezone any land, to declare the zoning ordinance or any amendment thereto invalid, or to allow any use not permitted by this zoning ordinance.

5.3.1 All applications requiring final review and action by the City Council shall, following action by the Planning and Zoning Board, be forwarded to the City Council by the Building and Zoning Official with the recommendation of the Board.

5.3.2 The City Council shall conduct a public hearing on the request after giving notice of its intent to do so. Such notice may be published in conjunction with the notice for the public hearing conducted by the Planning and Zoning Board.

5.3.3 After the hearing, the City Council may act to uphold, reverse, or modify the recommendation of the Planning and Zoning Board. Notice of such decision shall be given to all parties requesting. The decision shall be binding on the Building and Zoning Official, and he shall incorporate the same in any permit issued.

5.4.1 Applicability. Certain uses or development situations are identified in the ordinance as "conditional uses." These uses or development situations may be permitted in the zoning district(s) indicated, but may involve consideration of special circumstances or factors to determine that they are appropriate to the specific location and property. These uses may also require additional conditions to be imposed to ensure compatibility with the surrounding area and consistency with the overall objectives of this ordinance.

5.4.1.1 Procedures for Review of Conditional Uses.

i.

A request for approval of a conditional use shall be filed with the Building and Zoning Official. The request shall be accompanied by a development plan for the project, unless it is obvious that the nature of the request and the issues involved are not appropriate for development plan review.

ii.

The Planning and Zoning Board shall review the request for approval of a conditional use and forward its recommendation to the City Council.

iii.

In considering a request for a conditional use, the Planning and Zoning Board and the City Council shall evaluate the criteria as they relate to specific use requested and the specific location of the proposed conditional use.

iv.

If the City Council determines that the conditional uses reasonably meets the criteria, or can be conditioned to meet the criteria, it will approve the request. If the request is denied, the reasons therefore will be provided as part of the action denying the request.

v.

Following an action approving the request for conditional uses, or approving with conditions, the Building and Zoning Official will review and approve a development permit in the same manner as for any other development.

5.4.1.2 Criteria for Conditional Uses. All applications for conditional uses shall be reviewed and approved in accordance with the following criteria:

i.

The proposal shall be consistent with the Comprehensive Plan.

ii.

The establishment, maintenance, or operation of the proposed use shall not be detrimental to or endanger the public health, safety, or general welfare.

iii.

The proposed use shall not impede the normal and orderly development and improvement of surrounding properties for use permitted in the district and shall be consistent with the character of the immediate neighborhood.

iv.

Adequate measures shall be taken for ingress, egress and parking in a manner consistent with traffic operations and safety.

v.

The proposal design shall not have a substantial adverse effect on any known archaeological, historical, or cultural resource located on or off the site.

vi.

The proposed design shall minimize adverse effects on the use of adjacent property, including visual impacts.

vii.

Adequate provisions shall be made for buffers, landscaping, public open space, and other improvements necessitated by the proposal.

viii.

The use shall meet the lot and building requirements of the district in which it is located unless the requirements are specifically modified by the City Council. A conditional use shall meet any specific requirements identified in this ordinance and no variance shall be granted from these requirements.

ix.

The use shall comply at all times with the approved development plan, and any conditions imposed for establishment and operation of the use.

5.4.1.3 Imposition of Conditions. In approving a conditional use, the City Council may impose such additional reasonable conditions for establishment and operation of the use, including but not limited to:

i.

Hours of operation of the use.

ii.

Restraints to minimize environmental effects such as noise, vibration, air pollution, glare, and odor.

iii.

Special yard or other open space, lot area, or dimension requirements.

iv.

Height, size, or location limitations on buildings or other structures.

v.

Increase of the required amount of street dedication, roadway width, or improvements within the street right-of-way.

vi.

Regulation of the size, location, screening, drainage, surfacing, or other improvements of a parking or truck loading area, and control of traffic generation or circulation.

vii.

Regulation of the number, size, location, height, or lighting of signs.

viii.

Regulation of the location, intensity, and shielding of outdoor lighting.

ix.

Berming, screening, landscaping, or other measures to protect adjacent or nearby property, including standards of installation and maintenance.

x.

Regulation of the size, height, location, or materials for a fence or wall.

xi.

Regulations to protect existing trees, vegetation, water resources, wildlife habitat, or other significant natural resources.

xii.

Consideration of the size, style, history, and appearance of a structure to insure architectural compatibility with other structures in the district.

5.4.1.4 Previously Approved Conditional Uses; Expiration.

i.

It is the intent of this ordinance that any use or situation approved as a conditional use prior to the effective date of this ordinance shall continue to be valid unless the use or situation is abandoned or a change is requested. Any change shall be processes as a new request for a conditional use under the provisions of this ordinance.

ii.

The use or activity permitted under a conditional use shall be commence within one year after approval or the conditional uses shall expire, unless a different term is provided as part of the approval of the conditional uses.

Applicability: Certain cases which request variances from the terms of the ordinance as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the ordinance or resolution will, in an individual case, result in unnecessary hardship, so that the spirit of the ordinance or resolution shall be observed, public safety and welfare secured, and substantial justice done and make a recommendation to the City Council. Such variance may be granted in such individual case of unnecessary hardship upon a finding by the City Council that:

5.5.1 There are extraordinary and exceptional conditions pertaining to the particular piece of property in question because of its size, shape, or topography;

5.5.2 The application of the ordinance or resolution to this particular piece of property would create an unnecessary hardship;

5.5.3 Such conditions are peculiar to the particular piece of property involved; and

5.5.4 Relief, if granted, would not cause substantial detriment to the public good or impair the purpose and intent of the ordinance or resolution, provided, however, that no variance may be granted for a use of land or building or structure that is prohibited by the ordinance.

5.5.5 The fact that a property owner will suffer financial hardship if not granted a special exception or a variance from the zoning ordinance, is of itself insufficient ground for granting a variance.

In exercising the above powers, the City Council may, in conformity with the provisions of the ordinance, reverse or affirm, wholly or partly, or may modify the powers of the officer from whom the appeal is taken and may issue or direct the issuance of a permit.

5.5.6 Court Review. Any person or persons severally or jointly aggrieved by any decision of the City Council may take an appeal to the Superior Court. Said appeal to the Superior Court shall be the same as an appeal to the Superior Court form any decision made by the Judge of the Probate Court as specified in Chapter 6-2 of the Code of Georgia, except, however, that said appeal may be filed within 30 days from the date of the decision of the City Council, and upon failure to file said appeal within 30 days, the said decision of City Council shall be final. Provided, however, that on appeal said case shall be heard by the Judge of the Superior Court without a jury unless one of the parties files a written demand for a jury trial within 30 days form the filing of the appeal.

In exercising its zoning powers, the mayor and council shall balance the interest in promoting the public health, safety, morality, and general welfare against the right to the unrestricted use of property. The Mayor and Council thus shall consider the following factors prior to exercising the zoning power:

5.6.1 Is this request a logical extension of a zoning boundary which would improve the pattern of uses in the general area?

5.6.2 Is this proposed zoning generally related to either existing zoning or the pattern of development of the area?

5.6.3 Whether the zoning decision will result in a use, which will or could cause an excessive or burdensome use of existing streets, transportation facilities, utilities or schools

5.6.4 Will this request place irreversible limitations or cause material detriment on the area similarly zoned as it is or on future plans for it?

5.6.5 Is there an imminent need for the rezoning and is the property likely to be used for the use requested?

5.6.6 Would the proposed use precipitate similar requests which would generate or accelerate adverse land use changes in the zone or neighborhood?

5.7.1 Where a use is not listed as either a permitted use or a conditional use in this ordinance, it may be permitted as a conditional use pursuant to the procedures and criteria in Section 5.4, subject to the following:

5.7.1.1 The use shall be similar in character to other uses permitted in the district either by right or by conditional use permit. In considering the similarity in character, consideration shall be given to noise, odors, smoke, dust, traffic impacts, demand on public facilities and utilities, and other potential impacts.

5.7.1.2 The use shall not be prohibited use in any district.

Applicability. In certain instances special exceptions may be authorized by City Council subject to the following criteria and conditions:

5.8.1 A special exception shall be a reasonable modification of the restrictions and limitations in this ordinance and will not derogate from the intent of the zoning district within which the property is located or cause unreasonable injury to other properties.

5.8.2 A special exception will not permit a use not otherwise permitted in the district and will not violate the terms of City's adopted Comprehensive Plan.

5.8.3 In approving a special exception, the City Council may place reasonable conditions on the use or development of the property so as to mitigate any possible adverse impacts of the proposed development. Any violation of such conditions shall void the special exception.