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HomeMy WebLinkAboutZONING POLICIES PROCEDURES ARC l.")" . . 'I \' ZONING POLICIES AND PROCEDURES AND STANDARDS AUGUSTA-RICHMOND COUNTY This handout provides a summary of zoning policies and the standards by which rezoning _ requests are considered in Augusta-Richmond County. Zoning is a means of implementing a plan, planning policies and planning principals by establishing standards for land use and development. It is a short range tool, the use of which often results in conflict between an individual's right to unfettered use of property and the less measurable but equally substantial public interest in health, safety, morality, and general welfare. Zoning is an exercise of police power that was granted to Cities and Counties by the Georgia Constitution of 1983. The Zoning Procedures Law (ZPL), enacted in 1?85 and codified as Georgia Code Title 36 Chapter 66, required local governments to adopt policies and procedures governing the calling and conducting of hearings for rezoning requests, and standards governing the balancing of the public interest and the interest of property owners in consideration of such requests. The ZPL also required that this information shall be published and made available to the public. Since 1963 Augusta-Richmond County has had zoning laws which essentially comply with the ZPL. Minor changes were made in 1985 and several times thereafter to assure full compliance with the ZPL. Policies and Procedures for conducting public hearings and for considering amendments to the text or maps of the Comprehensive Zoning Ordinance are set forth in two documents. The former are described in the Bylaws and Rules of Procedure for the Augusta-Richmond Planning Commission and the larter are found in Section 35 of the Comprehensive Zoning Ordinance. Both are included in their entirety in this handout. The standards that are utilized to balance the various interests that often surround a rezoning decision are also summarized in this handout. BYLAWS AND RULES OF PROCEDURE: REVISED APRIL 2, 2007 SECTION I. ORGANIZATION STRUCTURE 1. Membership - The Augusta-Richmond County Planning Commission (hereafter "the Commission") shall be comprised of such members as are appointed under Title Eight of the Augusta-Richmond County Code. A liaison may be appointed by the Augusta Commission who shall be an ex-officio member. 2. Officers and Terms of Office - The officers shall be that of Chairman, Vice- Chairman, Secretary and Attorney. The Chairman of the Commission shall be elected from among the members by the members. The term of the Chairman shall be one year and he shall be eligible for reelection not to exceed one consecutive term of one year. There shall be a Vice-Chairman who shall be elected from among the members by the members for a period of one year and he shall be eligible for reelection not to exceed one term of one year. The Commission shall elect a Secretary who may be the Executive Director of the Commission. The term of the Secretary and Attorney shall be one year and they shall be eligible for reelection indefinitely. The terms of the Chairman, Vice- Chairman, Secretary, and Attorney shall run from January 1 to December 31 of each year. 3. Election Date - Election of officers shall be held at the first meeting in December of each year. In the event an election is not held as prescribed, duly elected officers shall continue to serve until a successor is elected and installed. 4. Appointment of Committees - The Chairman of the Commission may appoint such committees from the membership of the Commission as may be authorized by the Commission to facilitate its work. 5. Standing Committees - The following shall be standing committees: (a) Executive Committee - This committee shall consist of the chairman and three other members appointed by the Chairman. This committee shall act on any matter of such urgency that it cannot await the next regular meeting of the Commission. All action shall be subject to confirmation by the Commission acting as a body. It shall also act on any matter referred to it by the Commission. This committee shall also act on matters of Personnel related to the Planning Commission and its Staff. (b) Finance Committee - This committee shall consist ofthe Chairman and three other members appointed by the Chairman. This committee shall act upon an annual budget which shall be prepared by the Executive Director and shall make recommendations concerning the same to the Commission. It shall then assist the Executive Director in presenting the Annual Budget to the Augusta-Richmond County Commission. This committee shall also select an auditor for an annual audit and shall review and make recommendations on the same to the Commission. The committee shall review during the first regular meeting each month the monthly bills approved by the Executive Director and shall approve same if in order. The committee shall assist and guide the Executive Director under the following policy: The Executive Director, in pursuance of authorized work of the Commission may expend any funds specifically budgeted without further approval and may expend any funds not exceeding $500 for non-budgeted items subject to confirmation by the Commission. All bills incurred shall be reviewed at the first meeting of the Commission in each calendar month and shall be approved by the Commission prior to payment. All such bills shall be approved by the Executive Director prior to review by the Commission. Any vouchers drawn to be paid must be signed by two members of the Finance Committee, except that one signature may be that of the Executive Director. The committee shall carry out any other duties assigned by the Commission. (c) Pension Committee - The Pension Committee shall be composed of one commissioner, the Executive Director and two other employees of the Commission. The Pension Committee shall have the following responsibilities: 1. In its dealings with JMERS or its duly appointed representatives the Pension Committee shall: (1) Furnish all information with respect to enrollment of Employees. (2) Collect and remit to JMERS all required contributions. (3) Furnish JMERS, in accordance with its rules and regulations, all reports and other records required to administer this Plan. (4) Notify JMERS, in accordance with its rules and regulations, of all benefit elections made by Participants under this Plan and all matters regarding payment of benefits. (5) Notify JMERS of the termination of Participating Employees. 2. In dealing with the Commission's Employees, the Pension Committee shall: (1) Be responsible for the enrollment of Eligible Employees. (2) Handle distribution of all reports to Participants. (3) Handle arbitration between the Commission and Participants in all matters regarding the Plan. (4) Handle any notices of eligibility, benefits, available options, and any other notices required by this Plan Contract, or rules and regulations of JMERS. 6. Appointment of Executive Director - The Commission shall appoint an Executive Director for a term of three years. The first three year term shall begin on January 1, 1987, and end December 31, 1989. Elections shall be held the first meeting in December of 1989 and every third year thereafter. The appointment ofthe Executive Director shall be subject to termination for cause. The Executive Director shall have the following responsibilities: (a) Commission. (b) To execute all policies, projects and activities undertaken by the (c) To serve as Secretary of the Commission unless some other person is elected in such capacity. To assist, cooperate with, and maintain liaison with the governing body. To employ such personnel as may be necessary to carry out the work of the Commission. Selection, tenure, and composition of such personnel is to be determined in accordance with standards adopted by the Commission. (d) 7. Staff Organization - The organization of the Commission Staff shall be determined by the Executive Director in accordance with the needs of the Commission. 8. Attendance at Meetings. Faithful and prompt attendance at all meetings of the Commission, and conscientious performance of the duties required of members, shall be a prerequisite to continuing membership on the Commission. Should a member fail to attend three (3) consecutive regular meetings of the Commission, and should there be no adequate excuse for such absences, the Chair, with the concurrence of a majority of the Commission, shall recommend to the Augusta Commission that a vacancy be declared and that the vacant position be filled in an expeditious manner. 9. Compensation. Compensation of the Chairman of the Planning Commission shall be $250.00 per month. All other members receive $150.00. Compensation of Staff Members, contractors, and consultants shall be set by the Commission in the Annual budget upon recommendation of the Executive Director and Finance Committee. SECTION II. RULES OF PROCEDURE FOR COMMISSION MEETINGS 1. Regular Monthlv Meeting - The regular monthly meeting of the Commission shall be held at 3:00 P.M. on the first Monday of the each month at a place designated by the Executive Director. The Commission shall hold a pre-meeting prior to the regular meeting. Additional meetings may be called as necessary by the Chairman. Notice of the regular meetings and pre-meetings shall be maintained in the Municipal Building. Notice of special meetings shall be posted at least 24 hours prior to the meeting and the Augusta Chronicle shall be notified 24 hours in advance. 2. Roberts Rules of Order - Except as stated in these Bylaws and Rules of Procedure, Roberts Rules of Order shall be followed in the conduct of meetings of the Planning Commission. 3. Voting - All matters coming before the Planning Commission for a decision shall be put to a vote and decided by a majority of votes cast. The Chairman shall not vote on matters coming before the Commission except when the chairman's vote would change the result. Ex Officio Members are not voting members. 4. Quorum - A quorum shall consist of a majority of the appointed members, excluding ex-officio members. 5. Presiding Officer - The presiding officer of all meetings of the Planning Commission shall be the Chairman of the Commission, and in his absence, the Vice-Chairman. 6. Meetings Deemed Public and Open - Meetings of the Commission shall be open to the public, except that closed sessions may be held upon order of the Chairman or of the Commission acting as a body subject to the provisions of O.c.G.A. 50-14-4. 7. Preparation of the Minutes - A summary of the subjects acted upon and the members present at a meeting shall be made available for public inspection within two business days of adjournment of a meeting. The minutes of each of the meetings of the Commission shall be prepared and distributed to members in time for reading prior to the subsequent meeting. The minutes shall be open for public inspection once approved, but no later than immediately following the next regular meeting. 8. Deadline for Commission Agenda - Agenda for the business of the Commission shall be prepared and sent to the Commission at least three work days prior to each meeting of the Commission. Business arising after agendas have been sent out may be added at the discretion of the Executive Director so long as legal requirements are observed and the Commission members unanimously approve the additions by vote. The agenda shall be available upon request and posted at the meeting site. 9. Presentation Time - A minimum time of at least ten minutes for the presentation of data, evidence and opinions shall be afforded each side on a rezoning petition or a special exception. In the event more than ten minutes is afforded to one side, then an equal amount of time shall be afforded to the other side. 10. PUBLIC INVOLVEMENT ENCOURAGED - Anyone who wishes to address the Planning Commission with regard to a rezoning action under consideration may either submit the desired information in writing prior to the meeting at which the action is to be considered, or address the Commission at the meeting. There is no restriction on who may address the Commission and no prior registration as an opponent or proponent is necessary, except as noted under Section 14 entitled Disclosure. When the caption of an item of interest is read, interested persons may respond when the chairperson asks for opponents or proponents to come forward. When called upon a proponent or opponent shall state his name and address and as briefly as possible present his opinion. Presentation of duplicate and excessive information should be avoided. 11. Deadline for Withdrawal of Petition - Any petitioner shall have the right to voluntarily withdraw a petition for a change of zoning or a special exception by 12 o'clock Noon on the Wednesday prior to the hearing date without Commission approval for resubmission. Any zoning request withdrawn after this time for any reason must have the consent of the Commission by proper resolution. 12. Withdrawal Without Preiudice - The Commission at its discretion may by unanimous vote allow a petitioner to withdraw a petition without prejudice at the public hearing when unusual circumstances warrant such actions. When this is done no further approval by the Commission is required for resubmittal. 13. Adding Items to Agenda - Any item requiring a vote may be added by the Executive Director at any meeting upon unanimous vote of the Commission members present and provided that all legal requirements are observed. 14. Disclosure - The various disclosures required at O.C.G.A. 36-67A shall be made prior to, or at all hearings conducted by the Augusta-Richmond County Planning Commission. This Code Section requires the following disclosures: . Applicant for rezoning - must disclose all individual and business entities that have a financial interest in the rezoning and contributions of $250.00 or more to Planning Commissions or local elected officials within two years ofthe application date. · Local Government Officials - must disclose financial interest they or family members have in rezoning proposals and must abstain from voting or attempting to influence the decision on subject property; and . Opponents - anyone who would speak in opposition to a rezoning proposal must disclose contributions totaling $250.00 or more to Planning Commissioners and local elected officials. Disclosure must be made in writing at least five days before the hearing. 15. Zoning Amendment Procedures - The regulations for accepting, processmg, notifying the public, and hearing rezoning and special exception requests and proposals for text amendments are found in Chapter 35 of the Comprehensive Zoning Ordinance for Augusta- Richmond County. SECTION III. AMENDMENTS TO BYLAWS AND RULSE OF PROCEDURES These Bylaws and Rules of Procedure for the Commission may be altered or amended at any regular of called meeting by a two-thirds vote of the Commission members present after prior written notice of the general nature of the proposed change has been given. SECTION 35 OF THE COMPREHENSIVE ZONING ORDINANCE: 35-1 Review of Proposed Amendments: This Ordinance, including the map or maps, may be amended from time to time, but no amendment shall become effective unless it shall have been proposed by, or first submitted to the Planning Commission for review and recommendation. 35-2 Procedures for Public Hearing: (a) The Planning Commission shall conduct, on behalf of the Augusta- Commission, all public hearings on proposed amendments to this Ordinance and maps. (b) At least 15 but not more than 45 days prior to the date of the hearing, the Planning Commission shall cause to be published within a newspaper of general circulation within the territorial boundaries of the local government a notice of the hearing. The notice shall state the time, place, and purpose of the hearing. If a zoning decision of a local government is for the rezoning of property and the rezoning is initiated by a party other than the local government then: (1) The notice shall include the location of the property, the present zoning classification of the property, and the proposed zoned classification ofthe property; and (2) A sign indicating the present zoning classification and the proposed zoning classification shall be placed in a conspicuous location on the property not less than 15 days prior to the date of the hearing. ( c) The Recommendations of the Planning Commission shall be submitted to the governing body having jurisdiction within thirty (30) days. If the Planning Commission fails to submit a report within the thirty-day period, it shall have deemed to approve the proposed amendment. 35-3 Application for Amendment: Each application to amend this Ordinance, including the map or maps, shall be filed with the Planning Commission and shall be in compliance with the following: (a) A conference with the Staff of the Planning Commission shall be held prior to submission ofthe application. (b) A statement from the owner of the property submitting the petition, or a statement from the owner of the property designating his representative in the petition, shall be furnished with the petition on a form supplied by the Planning Commission. ( c) A properly prepared plat of the property showing distances and bearings of the boundaries and a tie to a known point shall be included with the petition. This can be waived by the Staff when the proposed rezoning involves complete parcel(s) under the Tax Assessors PIN scheme. (d) A letter from the owner or his authorized representative requesting the amendment, including a statement regarding the proposed use, address and telephone number for correspondence, and any other information required elsewhere in this Ordinance, shall be included with the petition. (e) A fee which has been calculated by the Planning Commission as representative of the cost of processing an advertisement of the proposed amendment shall be paid at the time of application. 35-4 Staff Evaluation: The Staff, upon receipt of an application for an amendment to this Ordinance shall: (a) Consult with other departments of the Augusta-Richmond County to fully evaluate the impact of any zoning change upon public facilities and services including, but not limited to, drainage, traffic and related facilities: (b) Conduct a site review of the property and the surrounding area. (c) Study each application with reference to the balancing test established in Guhl v Holcomb Bridge Road Corporation and its compliance with the Comprehensive Plan. (d) Report its findings and recommendation to the Planning Commission, which report shall be a matter of public record. (e) The Planning Commission Staffs report may recommend the applicant's request be reduced in land area and lor recommend conditions of rezoning which may be deemed advisable so that the purpose of this Ordinance will be served. 35-5 Planning Commission Action: The Planning Commission shall review and make a recommendation of approval, denial, deferral, withdrawal without prejudice, or no recommendation on each application for which a public hearing is held in accordance with an Ordinance of the City Council of Augusta, Georgia and the Board of Commissioners of Richmond County, enacted April 1, 1983 and codified after consolidation of the governments as Article 8, Chapter 5 of the Augusta Code. The staff recommendations on applications shall be submitted to the Planning Commission prior to the public hearing. A report of the Planning Commission's decision shall be submitted to the Augusta Commission. The action of the Planning Commission may recommend a reduction of the land area for which the request is made and/or recommend conditions of rezoning which may be deemed advisable so that the purpose of this Ordinance will be served. 35-6 Governing Body Action: The Augusta Commission shall, at a regular meeting, approve, deny or defer action on such application. The action of the Augusta Commission may recommend a reduction of the land area for which the application is made andlor recommend conditions of rezoning which may be deemed advisable so that the purpose of this Ordinance will be served. When such conditions are added to approval of an application, the Augusta Commission shall require that a Zoning Restriction Agreement be recorded with the Clerk of the Superior Court of Augusta-Richmond County, Georgia. The cost of recording such agreement shall be borne by the applicant. 35-7 Reversionary Clause: The Planning Commission may submit information to the Augusta Commission having jurisdiction relative to property which has been rezoned for a period of eighteen (18) months from the date of approval, and for which no site plan or subdivision development plan approval or building permit has been obtained. The Augusta Commission may then review such information and, if considered appropriate, initiate reversionary zoning procedures. Such reversionary actions shall proceed in accordance with the amendment provisions of this Ordinance. 35-8 If the zoning decision of a local government is for the rezoning of property and the amendment to the Zoning Ordinance to accomplish the rezoning is defeated by the local government, then the same property may not again be considered for rezoning until the expiration of at least six (6) months immediately following the defeat of the rezoning by the local government. A zoning application for the rezoning of the same property to the same classification as the defeated amendment, may not again be considered until the expiration of at least one (1) year immediately following the defeat of the original application by the local government. 35-9 Land Adjacent to Fort Gordon Military Installation: Zoning proposals (including changes of zoning and special exceptions) involving land locating with 3,000 feet of the Fort Gordon Military Installation boundary shall be evaluated Pursuant to O.C.G.A. 36-66.6. The Planning Commission, in conducting this evaluation shall request from the Fort Gordon Commander a written recommendation and supporting facts, and if provided, such information shall be considered and made part of the public record. The Planning Commission shall investigate and make a recommendation regarding the following: (a) Whether the zoning proposal will permit a use that is suitable in view of the use of adjacent or nearby property within 3,000 feet of a military base, military installation, or military airport; (b) Whether the zoning proposal will adversely affect the existing use or usability of nearby property within 3,000 feet of a military base, military installation, or military airport; (c) Whether the property to be affected by the zoning proposal has a reasonable economic use as currently zoned; (d) Whether the zoning proposal will result in a use which will or could cause a safety concern with respect to excessive or burdensome use of existing street, transportation facilities, utilities, or schools due to the use of nearby property as a military base, military installation, or military airport; (e) Whether the zoning proposal is in conformity with the policy and intent of the land use plan; and (f) Whether there are other existing or changing conditions affecting the use of the nearby property as a military base, military installation, or military airport which give supporting grounds for either approval or disapproval of the zoning proposal. 35-10 Land adjacent to Halfway Houses and Drug Rehabilitation Centers: When a proposed zoning decision relates to or will allow the location or relocation of a halfway house, drug rehabilitation center, or other facility for treatment of drug dependency, a public hearing shall be held on the proposed action. Such public hearing shall be held at least six (6) months and not more than nine (9) months prior to the date of final action on the zoning decision. The hearing required by this subsection shall be in addition to any hearing required under subsection (a) of this Code section. The local government shall give notice of such hearing by: (a) Posting notice on the affected premises in the manner prescribed by subsection (b) ofthis Code section; and (b) Publishing in a newspaper of general circulation within the territorial boundaries of the local government a notice of the hearing at least 15 days and not more than 45 days prior to the date ofthe hearing. Both the posted notice and the published notice shall include a prominent statement that the proposed zoning decision relates to or will allow the location or relocation of a halfway house, drug rehabilitation center, or other facility for the treatment of drug dependency. The published notice shall be at least six (6) column inches in size and shall not be located in the classified advertising section ofthe newspaper. 35-11 Land adjacent to the Cities ofHephzibah and Blythe: When a rezoning or special exception is initiated by a property owner or by Augusta-Richmond County affecting property located within 1,000 feet of either Hephzibah or Blythe, notice must be given to those local municipalities. Such notice shall be in the form of a certified letter sent within five (5) business days of the acceptance of an application to the appropriate municipality. The notice shall contain all relevant data and request a determination as to whether the proposed action would constitute an incompatible land use. If within ten (10) business days after receipt of this notice the appropriate municipality notifies Augusta-Richmond County by certified mail that the proposal could constitute an incompatible land use then Augusta-Richmond County and the municipality must begin a negotiation process described in an agreement between Augusta-Richmond County, Hephzibah, and Blythe dated June 30, 1998 known as the "Agreement to Resolve Land Use Classification Disputes". 35-12 Land adjacent to the Augusta Canal: The Augusta Canal is a Regionally Important Resource (RIR) as identified by the Georgia Department of Community Affairs pursuant to the Georgia Planning Act of 1989. As such any request for a rezoning or special exception affecting property located within the Augusta Canal National Heritage Area is subject to a review process initiated through the Central Savannah River Area. (RDC). RELEVANT STANDARDS IN REZONING EVALUATION: In the absence of statewide standards, local governments have had to look to the courts for assistance in establishing locally acceptable standards for evaluating rezoning requests. Generally, the courts have held that zoning decisions are justifiable when they bear a substantial relation to the public health, safety, and welfare. In balancing private property interests against the public welfare, zoning which results in little or no benefit to the public while inflicting serious injury or loss to the individual is not justifiable. In Augusta-Richmond County, the six (6) factors cited in the 1977 Georgia Supreme Court decision of Guhl v Holcomb Bridge Road Corporation are considered when applying the balancing test which is required to arrive at a rezoning decision. Those factors are as follows: (1) Existing uses of nearby property - Would the requested zoning permit land uses of a similar nature to similarly situated nearby land? (2) Extent to which property value is diminished by present zoning - How much more would the property be worth if the rezoning request were approved? (3) Extent to which diminution of property value by the present zoning promotes the general health, safety, morality, and public welfare - How would approval of the request adversely impact the public interest? There may be many valid considerations here depending upon the nature of the request. Among the are: (a) Traffic - potential increase in congestion resulting from approval of the request: (b) Diminution of value of adjacent properties - immediate diminution or gradual diminution resulting from deterioration of a neighborhood over a period oftime; (c) Aesthetics - diminution of the community's aesthetic interests; (d) Environmental Impact - potential for generation of noise, air pollution, or deterioration of unique or sensitive environmental conditions. (4) Relative gain to the public as compared to the hardship imposed on the individual property owner: (5) The Suitability of the Subject Property for the Current Zoning - Are natural and built environmental features conducive to the type of development permitted by the present zoning? Are the utilities present for development of the site? (6) Length of the time the property has been vacant as zoned, considered in context ofland development in the vicinity of the property. Another relevant consideration in evaluating a rezoning request is the extent to which it conforms to the Comprehensive Plan. It is possible that a rezoning request would not have an appreciable short range impact but be contrary to the plans and policies for the long range development of the area. It is also possible that a rezoning request could generate substantial opposition on the basis of its short range impact yet conform to the long range planning for an area. These would both constitute valid consideration. Revised 4/19/1991 Revised 1/17/1993 Revised 5/01/1993 Revised 6/07/1999 Revised 5/01/2007