Sumter County Unincorporated
City Zoning Code

This 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 this appendix.

Applications for amendment of this appendix may be made in the form of proposals for amendments of the text of this 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 by the date set by the zoning administrator from time to time to allow timely review of the application by the planning commission or board of zoning appeals the following month. Only completed applications will be accepted by the zoning administrator.

(Ord. of 7-16-24(2), § 32)

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") has previously been created and established, and it[s] creation and establishment is reaffirmed herein.

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. 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 compensation for their service at a rate set from time to time by the commissioner and 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: It shall be the function and duty of the planning commission to promote the public health, safety, morals, convenience, prosperity, general welfare, and efficiency and economy in the development of Sumter County. The planning commission is hereby vested with all the powers, duties and responsibilities provided by law.

(Ord. of 7-16-24(2), § 32)

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?

P.

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

(Ord. of 7-16-24(2), § 32)