Sumter County Unincorporated
City Zoning Code

A.

An applicant for a conditional use permit shall file an application on forms provided by the zoning administrator. The grant or denial of a conditional use permit shall follow the procedures for a rezoning, as specified in sections 26.03 through 26.07, unless modified by the provisions of this article, provided that notice of the public hearing shall be provided to the owner of the property that is the subject of the application by mail at least 30 days prior to the public hearing, and the sign and published notice shall be posted at least 30 days prior to public hearing.

B.

Any use which may be authorized by a conditional use permit may be approved by the board of commissioners only if, in the exercise of the board of commissioner's discretion, they find:

1.

A proper application has been filed in accordance with the requirements of this article and shall not be contrary to the purpose of this appendix.

2.

The proposed use shall not be detrimental to the use or development of adjacent properties or the general neighborhood, nor affect adversely the health and safety of residents and workers.

3.

The proposed use shall not constitute a nuisance or hazard because of the number of persons who will attend or use such facility or property, vehicular movement, noise or fume generation or type of physical activity.

4.

The proposed use shall not be affected adversely by the existing uses, and the proposed use will be placed on a lot of sufficient size to satisfy the space requirements of said use.

5.

Parking and all development standards set forth for each particular use for which a permit may be granted have been met.

6.

A recommendation has been received from the planning commission in accordance with the provisions of this chapter;

7.

The applicant is in compliance with all other particular conditions for the proposed conditional use that are required by this appendix;

8.

The use is consistent with the purposes and intent of this article; and

9.

After considering the application and the facts, and the standards for making a zoning decision contained in this appendix, the board of commissioners determine that the standards are satisfied such that the benefits of and need for the proposed conditional use outweigh any possible harmful effects, negative impacts, or damages to the neighboring properties or the county in general. In making this determination, the board of commissioners may consider the effects of the proposed use on traffic, public infrastructure and services, aesthetics, property values, the peaceful enjoyment of private property in the community, and other relevant factors.

C.

An application for an industrial use that is otherwise permitted by right in I-1 or I-2 nevertheless requires a conditional use permit when the particular development meets the definition of a development of regional impact (DRI) in the rules and regulations of the Georgia Department of Community Affairs. This is because such uses have the potential to have significant impacts both to the county and the region. The board of zoning appeals shall not hold its public hearing until after DRI review has been received from the River Valley Regional Commission. In addition to the standards for the exercise of the zoning power and standards in paragraph (b) above, the applicant should address, and the board of zoning appeals and board of commissioners should consider, any comments received or recommendations made as part of the DRI review.

(Ord. of 7-16-24(2), § 36)

The board of commissioners shall consider all evidence in the record in making their decision. This article is automatically a part of the record in each case, as is the entire application file. The board of commissioners shall have the power to table the application for further information to be presented, or to remand the application to the planning commission if new information has been presented that they have not considered. The board of commissioners shall have the power to grant, deny, or grant with further specific conditions imposed. The board of commissioners may impose or require additional restrictions and standards as may be necessary to protect the health and safety of workers and residents in the community, and to protect the value and use of property in the general neighborhood. Whenever the board of commissioners shall find, in the case of any permit granted pursuant to the provisions of this appendix, that any term, condition or restriction upon which such permit was granted is not being complied with, the board of commissioners shall rescind and revoke such permit after giving due notice to all parties concerned and granting full opportunity for a public hearing.

(Ord. of 7-16-24(2), § 36)

Public hearings on conditional use applications shall be conducted in the manner provided for rezoning applications in sections 26.05 and 26.07.

(Ord. of 7-16-24(2), § 36)

Appeals of any decision to deny or grant a conditional use permit shall be filed within 30 days by filing an appeal to the county superior court in the manner provided by law.

(Ord. of 7-16-24(2), § 36)

An application for conditional use which has been denied shall not be resubmitted for a period of 12 months.

(Ord. of 7-16-24(2), § 36)