This chapter [appendix], including the zoning map, may be amended by the board of commissioners on its own motion, on petition, or on recommendation of the planning commission, but no amendment shall become effective unless it shall have been proposed by or shall first have been submitted to the planning commission for review and recommendation.

The following policies and procedures are herein established to provide guidelines for the following activities:

A.

The adoption of a new zoning ordinance.

B.

The adoption of an amendment to the zoning ordinance which changes the text of the ordinance.

C.

The adoption of an amendment to the zoning ordinance which rezones property from one zoning classification to another (map amendment).

D.

Appeals from the decisions of the zoning administrator with regard to interpretation, administration, and enforcement shall be made to the board of zoning appeals in accordance with the provisions of section 23.06.

Applications for amendment of this chapter [appendix] may be made in the form of proposals for amendments of the text of this chapter [appendix] or proposals for amendment of the zoning map. Applications for amendment shall be on forms provided by the zoning administrator, shall be submitted to the zoning administrator, and shall include a fee as established by the board of commissioners to defray expenses.

Applications shall be submitted to by the last Friday of each month, as an established submittal deadline, in order for the application to be reviewed by the planning commission the following month. Only completed applications will be accepted by the established submittal deadline.

No applications for a zoning change affecting the same parcel of property or part thereof previously defeated shall be accepted by the zoning administrator until the expiration of at least six months immediately following the defeat of the rezoning request by the Sumter County Board of Commissioners.

Application forms shall be obtained from the zoning administrator and shall include but not be limited to the following:

•

The street address and location of the subject property.

•

A legal survey plat of the property in question including a locator map. The plat must include the signature of the registered surveyor and his registration number.

•

The present zoning classification and the proposed zoning classification for the subject property.

•

All applications shall be signed by the owners or authorized agent (authorization must be on file) and include the name and address, and daytime telephone number of the owner or authorized agent.

•

The area of land proposed to be rezoned shall be stated in acres to the nearest hundredth of an acre.

•

In the case of a text amendment, the application shall set forth the new text to be added and the existing text to be deleted.

A.

Created: Pursuant to Article IX, section 2, paragraph 4 of the Constitution of Georgia of 1983 and also pursuant to the general, the Sumter County Planning Commission (hereinafter referred to as the "planning commission") is hereby created and established.

B.

Membership and appointment: The planning commission shall consist of seven members residing within Sumter County, Georgia. None of the planning commission members shall hold any other public office, except that one member may also be a member of the board of appeals. Planning commission members may be removed for cause, upon written charges, and after public hearing. Any member of the planning commission shall be disqualified to act upon a matter before the planning commission with respect to property in which the member has an interest.

C.

Quorum: Four members shall constitute a quorum for the transaction of business.

D.

Term of office: The term of the members shall be for five years; except that in the appointment of the first planning commission pursuant to this article, four of the members shall be appointed for three-year terms and three members shall be appointed for five-year terms. Any vacancy in the membership shall be filled for the unexpired term in the same manner as the initial appointment.

E.

Compensation: The planning commission members shall receive no compensation for their service except that they may be reimbursed for out-of-pocket expenditures made in connection with their duties.

F.

Chairman: The planning commission shall elect one of its members as chairman, who shall serve for one year or until he is re-elected or until his successor is elected.

G.

Administrative assistance: The county commission may provide such technical, administrative, and clerical assistance as is needed by the board to carry out its function under the provisions of these regulations.

H.

Rules of procedures: The planning commission shall make its own rules of procedure and shall determine its time of meetings. All meetings of the planning commission at which official action shall be taken shall be open to the public and all records of the planning commission shall be public records and shall be kept in the custody of the county clerk. The planning commission shall review each application in light of the county's comprehensive plan, the zoning criteria, and other facts presented at their meeting and issue a finding which recommends "approval" or "denial" of the application. The zoning administrator will prepare a report on each application to assist the planning commission in their decision making process. The planning commission finding shall be forwarded as a recommendation to the board of commissioners.

I.

Powers and duties: The planning commission is hereby vested with all the powers, duties and responsibilities provided by law.

A.

Posting of property: Not less than 15 days nor more than 45 days prior to the date set for the public hearing on any application for a map amendment, and pursuant to state law, the zoning administrator shall erect at least one sign for every public road frontage the subject property has. If no public road abuts thereon, then such sign shall be erected along the nearest opened, public right-of-way. Signs shall be erected in such a manner as may be most readily seen by the public. Each sign shall show the application file number, the present zoning classification, the proposed zoning classification, the scheduled date, time and place of public hearing, and the telephone number to call for further information. If the land sought to be reclassified lies within more than one block as shown on a plat recorded in the land records of the county, then a sign shall be erected on the land in each block. Each notification sign shall be maintained at all times by the zoning administrator until a decision has been made by the board of commissioners, then removed.

B.

Newspaper advertisement: Not less than 15 days nor more than 45 days prior to the scheduled date of the public hearing, and pursuant to state law, a notice of public hearing shall be published in the legal organ of the county. Such notice shall state the application file number, and shall contain a summary of the proposed amendment in the case of a text amendment, and the location of the property, its area, owner, the current zoning classification, and the proposed classification in the case of a map amendment.

A.

Notice to interested parties: A notice shall be delivered to the applicant and the planning commission, of the date, time, and place of hearing. All application files shall be placed in the custody of the zoning administrator and shall be open to public inspection during regular office hours.

B.

Hearing procedure:

1.

Upon the completion of a rezoning application or the draft of a text amendment, public hearings will be scheduled by the planning commission and the county commission respectively. The official public hearing required by state law will be held by the board of commissioners, and public notice will be given no less than 15 days nor more than 45 days prior to the official public hearing date.

2.

All public hearings on zoning matters shall be placed on the presiding commission's agenda under a section entitled "public hearings." After an initial presentation of a specific zoning request to the presiding commission by the designated county staff, citizen comments will be heard in an orderly fashion. The presiding commission's chairman or designated representative will ask for those citizens speaking in favor of the request first, followed by those opposed to the issue.

3.

Citizens shall be requested to keep their comments as brief as possible so all who wish to be heard will have adequate opportunity to speak. When there is a large number of citizens wishing to testify at a given hearing, the presiding officer may invoke time limitations on individual speakers; however, the time limitation is not to be less than ten minutes per side. In such cases, these time limits shall apply to all speakers.

4.

Citizens shall address their comments to the presiding commission as a whole. Attacks on individuals or cross examination of commission members, county employees, or other citizens will be ruled out of order.

5.

After all citizen comments have been received, further discussion of the specific application is reserved for the presiding commission. The commission has the privilege to ask any questions of staff or any citizen present for clarification.

6.

If the planning commission is presiding over the hearing members may then vote on the application for a map or text amendment and forward the recommendation to the board of commissioners.

7.

At the official public hearing in front of the board of commissioners, the board of commissioners can close the public hearing and vote on the application at the next regular voting session.

C.

Information on speakers: All speakers will be required to provide their name and address for the public record, and sign a campaign disclosure form. This form requires all those speaking in favor of, or in opposition to a rezoning to disclose whether they have made campaign contributions aggregating $250.00 or more to any member of the board of commissioners within the past two years. Such disclosure shall include the name of the commissioner(s), the dollar amount, description, and date of each such campaign contribution.

D.

Public hearings records standards:

1.

The planning commission secretary and county clerk shall mechanically record the proceedings of their respective public hearings. If requested by any party, verbatim transcripts of the public hearing can be prepared, but only if requested and purchased in advance by the requesting party.

2.

Recorded tapes of public hearings shall be kept secure and shall not be erased for one year from the date of the public hearing.

3.

A summary of the proceedings of each meeting will be made available to the public within two working days after the meeting.

4.

The record of the public hearing and all evidence (e.g., maps, drawings, traffic studies, etc.) submitted at the public hearing shall be noted as such and shall become a permanent part of the particular zoning amendment's file.

In order to provide for the public health, safety, morality, and general welfare of the citizens of the county, the following zoning criteria are established. The following criteria, the recommendation of the planning commission and any other factors relevant to balancing the public interest, shall be considered by the board of commissioners in making any zoning decision.

A.

Will the zoning proposal permit a use that is suitable in view of the use, development and zoning of adjacent and nearby property?

B.

What is the effect on the property value of the subject property should the existing zoning be retained?

C.

If denied, will the effect on the applicant's property value under the existing zoning be offset by the gain to the health, safety, morals or general welfare of the public?

D.

Has the property been undeveloped an unusual length of time as currently zoned, considered in the context of land development in the area in the vicinity of the property?

E.

Will the zoning proposal result in a use that will or could cause an excessive or burdensome use of existing streets, transportation facilities, schools, police protection, fire protection, public health facilities, or emergency medical services?

F.

Is the zoning proposal in conformity with the policy and intent of the future land use plan for the physical development of the area?

G.

Is the subject property well suited for the proposed zoning purpose?

H.

Will the zoning proposal adversely affect the existing use or usability of adjacent or nearby property?

I.

Does the subject property have a reasonable economic use as currently zoned?

J.

Are there other existing or changing conditions affecting the use or development of the subject property which give supporting grounds for either approval or disapproval of the zoning proposal?

K.

Would the change create an isolated district unrelated to the surrounding district, such as "spot zoning"?

L.

Are the present zoning district boundaries illogically drawn in relation to existing conditions in the area?

M.

Is the change requested out of scale with the needs of the county as a whole or the immediate neighborhood?

N.

Is it impossible to find adequate sites for the proposed use in districts permitting such use and already appropriately zoned?

O.

Would there be an ecological or pollution resulting from the proposed zoning if it is granted?

A.

Membership:

1.

Membership and appointment: The county board of zoning appeals hereinafter referred to as the "board" shall consist of five members residing within Sumter County, Georgia. None of the board members shall hold any other public office, except that one member may also be a member of the planning commission. Board members may be removed for cause, upon written charges, and after public hearing. Any member of the board shall be disqualified to act upon a matter before the board with respect to property in which the member has an interest.

2.

Term of office: The term of office for each member of the board shall be for five years; however, in the appointment of the first board, three of the members shall be appointed for three years and two for five years. Any vacancy in the membership shall be filled for the unexpired term in the same manner as the initial appointment. If one appointee is from the planning commission and he ceases to be a member of said planning commission during the term of his appointment to the board, his membership on the board shall terminate and the governing authority may name a member of said planning commission to fill the unexpired term of its original appointee.

3.

Compensation: The board members shall receive no compensation for their service except that they may be reimbursed for out-of-pocket expenditures made in connection with their duties.

B.

Rules of procedures: 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 board of appeals shall appoint a secretary who may be an officer of Sumter County, Georgia or of the planning commission. The board shall have authority to adopt rules of procedure. Meetings of the board shall be held at the call of the chairman and at such other times as said board may determine. 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 said board and shall be a public record. The decisions of the board shall be by resolution, which resolution shall contain a statement of the grounds of its decision or action. The full text of the resolution shall be sent to the appellant. No appeal requesting the same relief in regard to the same property shall be received or heard by the board for a period of 12 months following the date of said resolution, except that this limitation shall not affect the right of said board to grant a rehearing if provided in the rules of procedure adopted by said board.

C.

Administrative assistance: The county commission may provide such technical, administrative, and clerical assistance as is needed by the board to carry out its function under the provisions of these regulations.

D.

Appeals:

1.

Who may appeal: Appeals to the board may be taken by any person aggrieved or by any officer, department, board, or bureau of the governing authority affected by any decision of the zoning administrator. Such appeals shall be filed no later than 30 days after the date of notification of the decision appealed from by filing with the zoning administrator, and with the board, a notice of appeal specifying the grounds thereof. The zoning administrator shall forthwith transmit to the board all the papers constituting the record upon which the action appealed from was taken.

2.

Legal proceedings stayed: An appeal stays all legal proceedings in furtherance of the action appealed from, unless the zoning administrator certifies to the board after the notice of appeal shall have been filed with him, that by reason of facts stated in the certificate a stay would, in his opinion, cause imminent peril to life and property. In such case, proceedings shall not be stayed otherwise than by a restraining order which may be granted by the board or by a court of record on application, on notice to the zoning administrator, and on due cause shown.

3.

Presentation of evidence: The appellant, and any public agency or private individual shall be entitled to present evidence on matters before the board, and said board may request technical service, advice, data, or factual evidence from the planning commission and the governing authority for assistance in reaching decisions.

4.

Extent of board of appeals' power: The board may, in conformity with the provisions of these regulations, reverse or affirm, wholly or partly, or may modify the order, requirement, decision, or determination of the zoning administrator, and to that end shall have all the powers of the zoning administrator. The board may direct the issuance of a permit. It shall be the duty of the zoning administrator to carry out the decisions of the board.

E.

Public hearing:

1.

Notice of hearing shall be given: Before making its decision on an administrative appeal, request for a special exception, request for a variance, or any other matter within the board's authority, said board shall hold a public hearing thereon. At least 15 days notice of the time and place of such hearing shall be sent to the appellant or petitioner, to the planning commission, the zoning administrator, and to the owners of all properties either adjoining the property with which the hearings is concerned or situated directly across a public right-of-way from said property. Such notice shall contain the name of the appellant or petitioner, the date, time, and place set for the hearing, and a brief statement of the nature of the hearing.

2.

Public notice in newspaper: The board shall give a public notice of the hearing in a newspaper published and circulated in Sumter County, Georgia by advertisement published at least 15 days prior to the date of the public hearing.

3.

Who may appear: Any party may appear at the public hearing in person or by agent or by attorney.

4.

Time limit on board's decision: Within 30 days of a public hearing, the board shall reach a decision.

F.

Powers and duties:

1.

Appeals from actions of the zoning administrator: The board shall hear and [make] decision[s] upon appeals where it is alleged there is error in any order, requirement, decision or determination made by the zoning administrator in the enforcement of these regulations.

2.

Request for a variance: The board may authorize upon appeal in specific cases such variance from the terms of these regulations as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of provisions of these regulations will, in an individual case, result in unnecessary hardship, so that the spirit of these regulations shall be observed, public safety and welfare secured, and substantial justice done. Provided, however, that a variance shall not be granted for a use of land or building or structure that is prohibited by this resolution in the district in question. Such variance may be granted in an individual case upon finding by the board that all of the following exists:

a)

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

b)

The application of these regulations to this particular piece of property would create an unnecessary hardship; and

c)

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

d)

Relief, if granted, would not cause substantial detriment to the public good or impair the purposes and intent of these regulations; provided that no variance may be granted by a use of land, building or structure that is prohibited by this ordinance [appendix]. Applications for use variances shall not be accepted by the zoning administrator. Such requests for rezoning, the authority for such rezoning of property being solely reserved for the county commission.

e)

Provided that the board of appeals may impose or require such additional restrictions and standards (i.e., increased setbacks, buffer strips, screening, etc.) as may be necessary to protect the health and safety of residents and workers in the community, and to protect the value and use of property in the general neighborhood. Provided, that whenever the board of appeals shall find, in the case of any permit granted pursuant to the provisions of these regulations that any of the terms, conditions or restrictions upon which such permit was granted are not being complied with, said board shall rescind and revoke such permit after giving due notice to all parties concerned and granting full opportunity.

3.

Request for extension of nonconforming residential uses: The board may authorize upon appeal in specific cases an extension or replacement of an existing nonconforming residential use which the board is specifically authorized to pass on under the terms of this resolution. Said extension may be granted in an individual case upon finding by the board that:

a)

The use is a nonconforming use as defined in these regulations; and

b)

The use is in full compliance with all requirements of these regulations applicable to nonconforming uses; and

c)

The extension of said use will not further injure a permitted use on adjacent property in the same district.

d)

This section is specifically designed to allow for the replacement of homeowner occupied residential units in areas no longer zoned for residential uses. As such, this provision is not subject to the limits of article XIX.

e)

In cases of physician documented medical need, the board is further authorized to permit the siting of a manufactured home as a guest or servant's quarters to accommodate an on-site care provider. Such approval shall be patient specific, and such use shall be terminated within 120 days of the end of the need for a caretaker.

G.

Forms: Appeals from actions of the zoning administrator, requests for permission to establish a use requiring special approval, requests for variances, and requests for extension of a nonconforming residential uses shall be made on forms provided for such purposes. All information required on said forms shall be provided by the applicant. Forms shall be filed with the zoning administrator, and the applicant shall pay Sumter County for expenses incidental to the appeal. No form shall be accepted by the zoning administrator unless it contains all pertinent information and is accompanied by the required fee of $100.00 to defray expenses.

A.

Zoning administrator: It is the intent of these regulations that the zoning administrator be chiefly responsible, with due assistance from the county attorney, for all questions of interpretation of these regulations. The zoning administrator shall also be responsible for the enforcement of these regulations.

B.

Board of appeals: The board of appeals shall review questions on interpretation only on appeal from the decision of the zoning administrator, and recourse from all decisions of the board shall be to the courts as provided by law.

C.

County commission: It is further the intent of these regulations that the duties of the county commission shall be to adopt or reject proposed amendments to these regulations as detailed in section 23.01. Matters of nonenforcement of this ordinance may be brought to the county commission's attention by aggrieved parties only after the aggrieved party has followed the complaint procedure outlined in section 24.02B. Corrections to problems of nonenforcement shall be handled by the board of commissioners. Recourse from all decisions of the county commission shall be to the courts as provided by law.