The Mayor and Council may from time to time amend, supplement, or change by ordinance, the boundaries of the use districts or zones established on the comprehensive zoning map or the regulations set forth in this chapter. Any proposed amendment, supplement or change shall first be submitted to the planning and zoning commission for its recommendation.

(Ord. No. 2019-01, 4/15/19)

This chapter, including the comprehensive zoning map, may be amended by the Mayor and Council on its own motion, on petition of an owner of property or on petition of someone having a documented legal interest in property or on recommendation of the planning and zoning commission; but no amendment shall become effective unless it shall have been proposed or shall first have been submitted to the planning and zoning commission for review and recommendation. Before enacting an amendment to this chapter, the Mayor and Council shall give public notice and hold a public hearing thereon as set forth in this section.

(Ord. No. 2019-01, 4/15/19)

Any person or persons, other than the Mayor and Council or planning and zoning commission, desiring to submit a petition requesting a change in zoning shall file such petition with a plat of the subject property attached thereto, together with a payment of seventy-five dollars ($75.00) to cover administrative and advertising costs, with the building inspector of the City. Such petition must be signed by the petitioner, who must be the owner of the property or shall have a documented legal interest in the property and shall state the name, address and telephone number of the petitioner; the present zoning classification of the property; the proposed zoning classification of the property; the location of the property and the reasons for requesting the proposed change in zoning; the amount of any gift or campaign contribution made by the petitioner or by any person who has a financial interest in the petitioner if the petitioner is a partnership, corporation or other business entity, to the Mayor, any member of the Council or planning and zoning commission during the three (3) years immediately preceding the filing of such petition and said petition shall be accompanied by such disclosure as is required by O.C.G.A. Volume 37, Title 36, Chapter 67A, if any. When a petition is filed, the building inspector shall forthwith deliver copies of such petition to the members of the planning and zoning commission and the City Clerk.

(Ord. No. 2019-01, 4/15/19)

The building inspector shall then prepare and cause to be published in the Sandersville Progress, a newspaper of general circulation within the territorial boundaries of the City and its official organ, a notice of the public hearings which will be held by the planning and zoning commission and Mayor and Council, stating the time, place and purpose of such hearings, the location of the property and name of the owner thereof, the present zoning classification of the property and the proposed zoning classification of the property. The publication of said notice shall be published at least fifteen (15) days but not more than forty-five (45) days prior to the date of the hearings. Public hearings shall also be held by the planning and zoning commission on proposed amendments to this chapter initiated by the Mayor and Council or by the planning and zoning commission, and notice of such hearings shall be published as hereinbefore provided for notices of hearings on petitions of owners for rezoning. Such notice shall state the time, place and purpose of such hearings and, if rezoning of property is proposed, shall also state the location of the property, the present zoning classification of the property and the proposed zoning classification of the property.

(Ord. No. 2019-01, 4/15/19)

(a)

Within three (3) days of the filing of a petition for a change in zoning, the petitioning party shall cause to be erected in a conspicuous location on the subject property a sign. The required sign shall be at least nine (9) square feet (three (3) feet by three (3) feet) and shall contain a message composed of black letters three (3) inches high upon a white background which shall read as follows:

"PUBLIC HEARING NOTICE
ZONE CHANGE

A public hearing will be held at _______ (designated location) _______ (TIME, p.m. or a.m.) on _______ (DATE) _______ (YEAR) by the planning and zoning commission then; at _______ (TIME, p.m. or a.m.) on _______ (DATE) _______ (YEAR) by the Mayor and Council to consider the rezoning of this property from _______ (PRESENT ZONE) to _______ REQUESTED ZONE) as provided for in the City revised City Zoning Ordinance.

___________"
CITY OF SANDERSVILLE

"PUBLIC HEARING NOTICE
VARIANCE

A public hearing will be held at the _______ (designated location) _______ (TIME, a.m. or p.m.) on _______ (DATE) _______ (YEAR) to consider the variance application of _______ in regards to the property located at _______ from strict application of section _______ of the City code, which requires _______. The variance would allow _______.

___________ "
CITY OF SANDERSVILLE

"PUBLIC HEARING NOTICE
ZONING SPECIAL EXCEPTION

A public hearing will be held at _______ (designated location) _______ (TIME, a.m. or p.m.) on _______ (DATE) _______ (YEAR) to consider the zoning special exception of this property as provided for in the City revised zoning ordinance. Present Zone _______ .

___________ "
CITY OF SANDERSVILLE

(b)

All signs, whether erected by a petitioner or by the City, shall be so located as to provide adequate exposure to the public, and after the hearing before the planning and zoning commission, the sign shall be maintained on the subject property by the party responsible for its erection until the Mayor and Council has taken final action on the proposed rezoning.

(Ord. No. 2019-01, 4/15/19; Ord. No. 2021-04, § 1(B), 4/5/21)

(a)

The hearing before the planning and zoning commission shall be a public hearing as aforesaid, and be conducted as hereinafter provided.

(b)

At the commencement of the hearing, the presiding officer shall give a brief explanation of the matter under consideration and the issue or issues to be determined. Following such explanation, the petitioner and proponents of the petition seeking a change in zoning, or the proponents of any other proposed amendment to this chapter, as the case may be, shall be afforded the first opportunity to present their case and evidence to the planning and zoning commission. After this presentment, all parties in opposition shall be afforded an opportunity to present their opposition and evidence, and, after all parties have been so heard by the planning and zoning commission, the planning and zoning commission may, but shall not be required to permit one (1) person to summarize the evidence and arguments of the proponents, and one (1) person to summarize the evidence and arguments of the parties in opposition, limiting the time for the presentation of such summaries to the extent the planning and zoning commission chairman deems appropriate. The presiding officer shall also have the authority to limit the time for presentation of evidence to the extent that the presiding officer deems appropriate. After all parties have been heard and such summaries, if any, have been completed, the planning and zoning commission chairman shall close the floor to open debate and further evidence, and once the floor is closed to open debate and further evidence, and deliberation has begun by the planning and zoning commission on the issue before it, no further evidence may be presented on arguments made either for or against the proposed rezoning or other amendments to this chapter being considered without the expressed consent of the planning and zoning commission. Thereafter, the planning and zoning commission shall begin deliberations and shall take into consideration all evidence properly before it and all pertinent standards and factors set forth in this chapter.

(c)

When a decision has been reached the planning and zoning commission shall make its written report on the proposed change in zoning or other amendment to this chapter to the Mayor and Council, reporting the vote of each member of the planning and zoning commission thereon. If such report is not made within thirty (30) days after the public hearing, the petition for rezoning or other amendment to this chapter shall be deemed to have been recommended for approval. Such reports of the planning and zoning commission shall be filed with the City Clerk, who shall, upon the date said report is received, post a copy thereof as a regular notice at the place for posting such notices in City and shall forward a copy thereof to the petitioner for rezoning, if any, at the address shown in the petition for such rezoning. A copy of said report shall also be delivered to the Mayor, all Council members and the building inspector. Should a petition fail to comply with any requirements of this chapter pertaining to the petition prior to the time said public hearing is held, the petition shall for said reason be denied by the planning and zoning commission without inquiring into its merits. If the petitioner desires to further pursue the matter of rezoning the property in question, the petitioner must file a new petition requesting a change in the zoning of the property in question; pay an additional sum as fixed from time to time by the Mayor and Council to cover administrative and advertising costs; and comply with all requirements of this chapter pertaining to a petition for rezoning, whereupon the planning and zoning commission shall proceed to hear said petition on its merits.

(Ord. No. 2019-01, 4/15/19)

(a)

The hearings before the Mayor and Council shall be public hearings as aforesaid and all discussions and deliberations shall be conducted in open meeting, provided, however, that nothing contained herein shall prohibit the Mayor and Council from going into executive session for the purpose of discussing legal questions arising due to the matter under consideration with the City attorney in an attorney-client relationship. At the commencement of the hearing, the presiding officer, whether the Mayor or the Mayor pro tem, or someone designated by the presiding officer, shall give a brief explanation of the matter under consideration and the issue or issues to be determined. Following such explanation, the petitioner and proponents of the petition seeking a change in zoning, or the proponents of any other proposed amendment to this chapter, as the case may be, shall be afforded the first opportunity to present their case and evidence to the Mayor and Council. After this presentment, all parties in opposition shall be afforded an opportunity to present their opposition and evidence, and, after all parties have been so heard by the Mayor and Council, the Council may, but shall not be required to permit one (1) person to summarize the evidence and arguments of the proponents, and one (1) person to summarize the evidence and arguments of the parties in opposition, limiting the time for the presentation of such summaries to the extent the presiding officer deems appropriate. The presiding officer may also limit the time for the presentation of evidence to the extent that the presiding officer deems appropriate. After all parties have been heard and such summaries, if any, have been completed, the Mayor and Council shall close the floor to open debate and further evidence, whereupon the Council shall consider the issue to be determined and the evidence and arguments presented to it during the hearing, and make its decision by open ballot. Once deliberation begins by the Mayor and Council on the issue before it, no further evidence may be presented or arguments made either for or against the proposed rezoning or other amendments to this chapter being considered without the expressed consent of the Council.

(b)

Since one (1) of the functions of the planning and zoning commission is to consider and plan for the long-range development of the City, the Mayor and Council shall give great weight to the recommendations of the planning and zoning commission. However, such recommendations have advisory effect only and the Mayor and Council shall not be bound by such recommendations. If the decision of the Mayor and Council results in a rezoning of property or any other amendment to the comprehensive zoning ordinance, such amendment shall be adopted by ordinance.

(Ord. No. 2019-01, 4/15/19)

(a)

The Mayor and Council recognizes that the proper exercise of its zoning powers requires the consideration and balancing of the public interest in protecting and promoting the public health, safety, morality and general welfare against the right to unrestricted use of property. To ensure a proper balancing of the aforesaid interests, the planning and zoning commission in considering amendments to the zoning ordinance and applications to rezone property for the purpose of making recommendations to the Mayor and Council, and the planning and zoning commission in considering or making any zoning decision including, but not limited to, decisions concerning amendments to the zoning ordinance and applications to rezone property, shall consider the following standards and factors:

(1)

The existing land use pattern, and existing uses and zoning of nearby property;

(2)

Whether existing boundaries of use districts or zones are illogically drawn in relation to existing conditions affecting the property proposed for change;

(3)

Whether changed or changing conditions make the passage of the proposed zoning appropriate;

(4)

Whether the zoning proposal will permit a use that is suitable in view of the location of the subject property and the development of adjacent and nearby properties;

(5)

The suitability of the subject property for the purpose of the zoning classification proposed for it;

(6)

Is this request a logical extension of a use district or zone boundary which would improve the pattern of uses in the general area;

(7)

The length of time the property has been vacant as zoned considered in the context of subsection (1) above and development in the vicinity of the property;

(8)

Whether the property to be affected by the zoning proposal has a reasonable economic use as currently zoned;

(9)

Whether the zoning proposal will adversely affect the existing use or usability of adjacent or nearby properties;

(10)

The extent to which property values are diminished by the particular zoning restrictions, and the extent to which any such diminution in, or destruction of the property values of the owner of the subject property promotes the health, safety, morals and general welfare of the public;

(11)

The population density pattern and the possible increase in the use of, or the overloading of public facilities, including but not limited to, water and sewer systems, and streets;

(12)

The cost to the local government in providing, improving, increasing or maintaining water service, sewer service, streets and public safety measures;

(13)

Whether this request requires a major change in existing levels of public service which cannot feasibly be financed by the local government;

(14)

Accessibility of public transportation to the property;

(15)

Whether the zoning proposal is in conformity with the policy and intent of any then-existing land use plan;

(16)

Is the property likely to be used for the use requested;

(17)

The aesthetic effect of existing and future use of the property as it relates to the surrounding area;

(18)

Impact on environment, including but not limited to drainage, soil erosion and sedimentation, flooding, air quality, and water quality and quantity;

(19)

Whether there exists a substantial need for the restrictions imposed or contemplated upon the use of the subject property in the interest of the public health, morals, safety or welfare;

(20)

The relative gain to the public, as compared to the hardship imposed upon the individual property owner, and the relative loss to the public, as compared to the benefit gained by the individual property owner;

(21)

Whether there are 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; and

(22)

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

(b)

The Mayor and Council shall also consider such of the foregoing factors as may be relevant to consideration of any issue before it or decision concerning the rezoning of property, any amendment to the zoning ordinance or any issues before it on appeal.

(Ord. No. 2019-01, 4/15/19)

(a)

Any attorney at law who intends to participate in any public hearing before the planning and zoning commission, the Mayor and Council or the board of appeals as attorney for any person shall, prior to the hearing, provide the person who will preside at such hearing with a written statement setting forth the names of the clients whom he will represent during the hearing and the reason each client is interested in the issues to be determined on the hearing. Thereafter, the clients of such attorney shall be bound by statements, stipulations and arguments made in their behalf by such attorney, and their oral participation in the hearing shall be limited to giving testimony when questioned by their attorney or any other attorney involved in the hearing, or by a member of the Mayor and Council.

(b)

During any public hearing held by the planning and zoning commission, the Mayor and Council or the Mayor and Council acting as the board of appeals under the provisions of this chapter, the building inspector may appear in his capacity and provide such information, and make such comments and observations concerning the matter under consideration as may be appropriate and relevant.

(Ord. No. 2019-01, 4/15/19)

Upon defeat of an application for a change in zoning, the Mayor and Council may not consider the property in question for rezoning amendment for at least six (6) months.

(Ord. No. 2019-01, 4/15/19)

A copy of this article is to be given to all applicants who bring zoning changes either for the rezoning of property or for text amendments and all applicants will sign a statement acknowledging receipt of a copy of this article.

(Ord. No. 2019-01, 4/15/19)

(a)

Mayor and Council authorized to issue variances; procedure. The Mayor and Council shall hear and decide requests for variance from the requirements of Title 8. Applications for variance shall be subject to the same procedures as rezoning applications under this article.

(b)

Appeal of Mayor and Council's decision. Any person aggrieved by the decision of the Mayor and Council in regards to a variance application under this section may appeal such decision to the Superior Court of Washington County, in the manner provided by law.

(c)

Variances for historic structures. Variance may be issued for the repair or rehabilitation of historic structures upon a determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as a historic structure and the variance is the minimum to preserve the historic character and design of the structure.

(d)

Flood damage prevention variances. In regards to the requirements of the Chapter 3 of this Title 8, variances may be issued for development necessary for the conduct of a functionally dependent use, provided the criteria of this article are met, no reasonable alternative exists, and the development is protected by methods that minimize flood damage during the base flood and create no additional threats to public safety. Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result. In reviewing such requests, the Mayor and Council shall consider all technical evaluations, relevant factors, and all standards specified in this and other sections of the flood damage prevention ordinance. Any applicant to whom a variance is granted under this subjection shall be given written notice specifying the difference between the base flood elevation and the elevation of the proposed lowest floor and stating that the cost of flood insurance will be commensurate with the increased risk to life and property resulting from the reduced lowest floor elevation.

(e)

Reasonable accommodation variance. The Mayor and Council may issue a variance from the strict application of the regulations of the City's Code whenever it is found that reasonable accommodation is necessary to afford persons with disabilities equal opportunities. In determining whether a particular accommodation is reasonable, the Mayor and Council shall consider whether the request imposes an undue burden or expense on the City and whether the proposed accommodation would create a fundamental alteration in the City's code.

(Ord. No. 2019-01, 4/15/19; Ord. No. 2021-04, § 1(A), 4/5/21)

(a)

A variance shall be issued only when there is:

(1)

A finding of good and sufficient cause;

(2)

A determination that failure to grant the variance would result in exceptional hardship; and

(3)

A determination that the granting of a variance will not result in significant harm to the public health, safety and welfare, or undermine the purposes of the restriction that is being varied.

(b)

Any variance from the restriction of this title should be the minimum necessary to remedy the undue and exceptional hardship caused by the strict application of the hardship.

(c)

The Mayor and Council may impose conditions upon the issuance of a variance reasonably necessary to accomplish the purposes of the restriction varied or to mitigate the impact of the variance on the public welfare.

(Ord. No. 2021-04, § 1(A), 4/5/21)

(a)

The community development director is authorized to grant an administrative variance to reduce any particular numeric criteria, standard, or requirement in this Title 8 by up to and including fifteen (15) percent, except that no administrative variance may be granted to reduce a lot below the applicable minimum lot size. In rendering his or her decision, the director shall consider preexisting topographic, geological, hydrological, lot layout, or environmental factors.

(b)

To initiate an application for an administrative variance, an application must be submitted to the department of planning and development which shall include the following:

(1)

An application form supplied by the department of planning and development must be completed by the applicant.

(2)

A nonrefundable fifty dollars ($50.00) fee.

(3)

A written narrative explaining and justifying the request.

(4)

A drawing using a correct plat of the property drawn to scale showing all property lines with dimensions, location of buildings and other structures, north arrow, street numbers, lot and/or parcel number from the county tax sheet, locations of setback lines or other dimensional requirements from which the administrative variance is sought.

(5)

Notarized signatures of the property owner, or his or her authorized representative, and the applicant.

(c)

The community development director shall review the application for completeness within ten (10) calendar days of submission. Incomplete or improper applications will be returned to the applicant.

(d)

In rendering a decision on an administrative variance application, the community development director shall consider all information supplied by the applicant. Within ten (10) calendar days of receipt of a completed application for an administrative variance, the community development director shall approve the application as submitted, approve the application with conditions, or deny the application. If the community development director fails to issue a decision within ten (10) days, the application shall be deemed automatically denied, and the applicant shall have a right of appeal to the Mayor and City Council.

(e)

Such administrative variance may be granted in an individual case upon a finding by the community development director that one (1) or more of the following exists:

(1)

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

(2)

The application of these regulations to this particular piece of property would create a practical difficulty or unnecessary hardship;

(3)

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

(4)

Relief, if granted, would not cause substantial detriment to the public good or impair the purposes and intent of these regulations, provided, however, that no variance may be granted for a use of land or building or structure that is prohibited by this chapter;

(5)

A literal interpretation of this chapter would deprive the applicant of any rights that others in the same district are allowed.

(f)

An administrative variance shall be granted or denied in writing. Notice of the grant of an administrative variance shall be sent to all adjoining property owners, either by certificate of mailing or certified mail, by community development department staff. The notice shall describe the variance granted and state that interested parties have thirty (30) days in which to file an appeal of the variance to the Mayor and City Council. Only owners reflected on the records of the tax assessors as of the date of the application shall be entitled to notice. The thirty (30) days shall be counted from the date of mailing of the notice. The community development director shall keep public records of all administrative variances applied for and granted.

(Ord. No. 2021-04, § 1(A), 4/5/21)

The Mayor and Council shall be authorized to grant special exceptions under this chapter. Applications for special exception under this chapter shall be subject to the same public hearing notice and hearing procedures processed in the same manner as applications for rezoning under this article, and shall be reviewed by the planning and zoning commission for recommendation prior to being presented to the Mayor and City Council. The standards and factors to be considered in making zoning decisions under this article shall apply to applications for special exceptions.

(Ord. No. 2021-04, § 1(A), 4/5/21)