§ 13. Amendment.
13-1
General Conditions. These regulations, including the official land development districts map, may be amended by the Board of Commissioners on their own motion, on petition of a property owner or his duly authorized agent, 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. Before enacting an amendment to these regulations, the governing authority shall give public notice and hold a public hearing thereon as set forth in this section.
13-1.1
Establishment of Comprehensive Plan. The 2015 Greater Lanier Comprehensive Plan, as duly amended, is established as official policy of Lanier County. As such, the goals and policies of the Plan, and the resultant Future Land Use Plan, shall serve as the guide under which the unincorporated areas of the county are divided into land development districts. The recommendations of the Plan are hereby established as official policy of the county, and shall receive due consideration in all land development districts reclassification requests.
13-1.2
Limited Use Provision. The Lanier County Board of Commissioners establishes the "Limited Use" provision for the purpose of allowing an applicant to request that a certain area be designated as a limited use. In some areas of the county, a specific land use activity out of a general land development classification may have less community impact than some of the possibilities of use in that specific land development district. For this reason, an applicant may request in his development petition to limit the use of a proposed property to a specified use only (for example, R-C LU - Rural Commercial District limited to a bait and tackle store.) The requested limited use must be among the uses permitted in the land development district classification for which the limited use is requested. Alteration or change of an approved limited use shall be treated as any normal land development amendment.
13-1.3
Special Conditions Limitations. An applicant may file site plans, renderings, construction specifications, written development restrictions and other site planning or development conditions which the applicant proposes as binding conditions upon the development and use of the property involved in the application. Should the application be approved with these conditions, any alteration or change of a special conditions limitation shall be treated as any normal land development district amendment.
13-2
Application for Amendment.
13-2.1
General. Applications for amendment of these regulations may be in the form of proposals for amendment of the text of these regulations, proposals for amendment of the land development districts map or requests for Special Exception approval. Applications for amendment shall be submitted to the Land Development Administrator and shall include a fee payable to the county to defray expenses as set from time to time by the County Commission. No application for a land development district amendment affecting the same parcel of property or part thereof shall be accepted by the Land Development Administrator until the expiration of at least twelve months immediately following the denial of the development district amendment request by the Lanier County Commission.
13-2.2
Signature of Applicant Required. All applications shall be signed by the applicant, and shall state his name and address.
13-2.3
Application for Text Amendment. 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.
13-2.4
Application for Map Amendment. An application for a map amendment shall include the following information:
a.
The community or area in which is located the land proposed to be reclassified and the street number, if any, or if none, the location with respect to the nearby public roads in common use;
b.
A plat of the land in question, and a description by metes and bounds, bearings, and distances of the land, or if the boundaries conform to the lot boundaries within a subdivision for which a plat is recorded in the land records of the County, then the lot, block, and subdivision designations with appropriate plat reference; or the map and parcel number according to the current tax mapping system of Lanier County;
c.
The present land development district classification and the classification proposed for such land;
d.
The name and address of the owners of the land; and the names and addresses of abutting property owners;
e.
The area of the land proposed to be reclassified stated in square feet if less than one (1) acre, and in acres if one (1) or more;
f.
The application number, date of application, and action taken on all prior applications filed for the reclassification of the whole or part of the land proposed to be reclassified.
13-2.5
Application for Special Exception Approval. An application for a Special Exception approval shall include the following:
a.
The community or area in which is located the land proposed to be reclassified and the street number, if any, or if none, the location with respect to the nearby public roads in common use;
b.
A plat of the land in question, and a description by metes and bounds, bearings, and distances of the land, or if the boundaries conform to the lot boundaries within a subdivision for which a plat is recorded in the land records of the County; then the lot, block, and subdivision designations with appropriate plat reference; or the map and parcel number according to the current tax mapping system of Lanier County;
c.
The present land development district classification and the proposed Special Exception usage proposed for the subject property;
d.
The names and address of the owners of the land, and the names and addresses of abutting property owners;
e.
The area of the land proposed to be reclassified stated in square feet if less than one (1) acre, and in acres if one (1) or more;
f.
The application number, date of application, and action taken on all prior applications filed for the development district reclassification or Special Exception use of the whole or part of the land proposed for Special Exception use.
13-2.6
Campaign Contributions. If the applicant has made, within two (2) years immediately preceding the filing of the applicant's request for a land development amendment, campaign contributions aggregating $250 or more to any member of the Lanier County Commission or any member of the Greater Lanier Planning Commission, it shall be the duty of the applicant and the attorney representing the applicant to disclose the following in the application:
1.
The name of the local government official to whom the campaign contribution or gift was made;
2.
The dollar amount of each campaign contribution made by the applicant to the local government official during the two (2) years immediately preceding the filing of the application for the map or Special Exception amendment and the date of each contribution;
3.
An enumeration and description of each gift having a value of $250 or more made by the applicant to the local government official during the two (2) years immediately preceding the filing of the application for the land development amendment; and
4.
In the event that no such gift or contribution were made, the application shall affirmatively so state.
13-2.7
Developments of Regional Impact. The Georgia Department of Community Affairs, pursuant to the Georgia Planning Act, has establish criteria for the identification of certain large scale developments which have the potential to cause land use impacts beyond the boundaries of the respective local government where a project might be proposed. These developments, known as Developments of Regional Impact (DRIs), shall be submitted, based on established DCA standards, procedures, and format, to the South Georgia Regional Development Center (SGRDC) for review and recommendation prior to any Planning Commission or Lanier County Commission action. As such, these requirements establish an official delay in the local amendment process to allow for compliance with these requirements.
13-2.8
Referral to Planning Commission. Within five (5) days after the routine monthly application acceptance deadline, the Land Development Administrator shall transmit a copy of the completed application to applicable local staff members for review and recommendation. The Land Development Administrator shall coordinate this local review process with the County's planning staff and/or planning consultant to prepare a written staff report on all matters brought before the Planning Commission and County Commission. The Planning Commission shall review each application for consistency with the adopted local Comprehensive Plan, and the adopted standards for exercise of the land development powers. The staff report and Planning Commission recommendations shall then be transmitted to the County Commissioners. The Planning Commission shall have thirty (30) days within which to submit a report to the County Commissioners. If the Planning Commission fails to submit a report within thirty (30) days, it shall be deemed to have recommended denial of the requested amendment.
a.
Posting of Property. Not less than fifteen (15) days prior to the date set for the public hearing on any application for a map or Special Exception amendment (other than a map or Special Exception amendment initiated by the Planning Commission or the County Commission), the Land Development Administrator shall erect a sign on the land proposed to be reclassified. Such sign shall be erected by the Land Development Administrator within (10) feet of whatever boundary line of such land abuts the most traveled public road; and, if no public road abuts thereon, then such sign shall be erected to face in such a manner as may be most readily seen by the public. The sign shall show the application number, the present land development classification, the proposed land development classification or Special Exception use, 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 (1) 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 such block.
b.
Removal of Sign. Any such sign shall be maintained at all times by the Land Development Administrator until a decision on the application has been made by the County Commissioners.
13-2.9
Hearing Procedures.
a.
Hearing Called. Before taking action on a proposed land development amendment, the Board of Commissioners shall hold a public hearing thereon. At least fifteen (15) but not more than forty-five (45) days notice of the time, place, and purpose of said hearing shall be published in a newspaper of general circulation within Lanier County, Georgia. Such notice shall also state the application number and date, and shall contain a summary of the proposed amendment, if a text amendment, and in the case of a map amendment, the location of the property, its area, the name of the owner or their authorized agent, and the present and proposed land development classification or Special Exception use for the property affected. Further, such advertisement shall advise the public pursuant to O.C.G.A. § 36-67A-3 that any opponent of a proposed district amendment or Special Exception approval action who has made campaign contributions aggregating $250.00 or more to a local government official of the local government which will consider the application within two (2) years of the date of the application shall be required to file a disclosure with the governing authority of the respective local government showing: (1) The name and official position of the local government official to whom campaign contributions were made; and (2) the dollar amount and description of each campaign contribution made by the opponent to the local government official during the two (2) years immediately preceding the filing of the application for the proposed land development district amendment or Special Exception approval action and the date of each contribution. Such disclosure shall be required to be filed at least five (5) calendar days prior to the scheduled hearing.
b.
Notice to Interested Parties. A notice shall be given to the applicant and the Planning Commission of the date, time, and place of the public hearing. All application files shall be placed in the custody of the Land Development Administrator and be open to public inspection during regular office hours.
c.
Letters. As to an application to amend the Official Land Development Districts Map or a Special Exception request, the Land Development Administrator shall send letters to abutting property owners at least fifteen (15) days and no more than forty-five (45) days in advance of the Public Hearing before the County Commission. Letters shall include information as to the nature of the application and the date, time, and place of the public hearing.
d.
Public Hearing Procedure. All public hearings on land development matters shall be placed on the County Commission agenda under a section entitled "Public Hearings". The County Commission Chairman, or his designee, shall officially declare the public hearing open and shall note that Lanier County's written Public Hearing Procedures, Lanier County's Standards for Exercise of Land Development Powers, and a copy of Georgia's Conflict of Interest Law are available to the attending public as a handout and are posted for public review.
The Land Development Administrator and/or designee shall then announce the matter for consideration. The Chairman shall then call for acknowledgment of a potential conflict of interest by members of the Commission. (See Subsection 13-2.9h) The Land Development Administrator will then report the staff recommendation and the recommendation of the Greater Lanier Planning Advisory Commission. The Chairman shall then allow public input. General procedures to be followed will require citizen comments to be heard in an orderly fashion. Citizens speaking in favor of the request shall be heard first, followed by those opposed to the issue. All speakers will be asked to provide his or her name and address for the public record. Citizens are requested to keep their comments as brief as possible so that all who wish to be heard will have adequate time. Where there is a large number of citizens wishing to testify at a given hearing, the presiding officer may invoke reasonable time limitations on both the proponents and opponents of a request. In such cases, these time limits shall apply to both sides of an issue equally, such minimum time period to be no less than ten minutes per side. Citizens shall address their comments to the County Commission as a whole. Individual attacks or cross examination of Commission members, county employees or other citizens will be ruled out of order. The Commission retains the privilege to ask any questions of staff or any citizen present for clarification.
After all citizen comments have been received, all further discussion of the specific application is reserved for the County Commission. The Chairman shall then declare the public hearing closed and no further public comment will be entertained. The County Commission will then render a decision on the application. So that the purpose of this Ordinance will be served, health, public safety, and general welfare secured, the County Commission may approve the application, reduce the land area for which the application is made, change the district requested, add or delete conditions of the application, deny an application, or defer consideration of an application to acquire additional information. An action by the Commission to defer the application shall include a statement of the date and time of the next meeting at which the application will be considered, which statement shall constitute public notice of the hearing on the application and no further notice is required. In the case of tabling of a matter, no further public comment will be entertained upon further consideration of the matter.
When, in the opinion of the County Commission, the official public hearing has brought forth substantial new evidence or testimony not available to the Greater Lanier Planning Advisory Commission at the time of their review of a land development matter, or should the Commission desire to request further study by the Planning Commission of a particular aspect of an application, it shall be the policy of the Commission to table the issue and request that the Planning Commission restudy the issue and affirm or amend its recommendation, which action shall be reported to the County Commission prior to making a final decision.
e.
Standards for Exercise of Land Development Powers. In order to promote the public health, safety, and general welfare of Lanier County against the unrestricted use of property, the following standards, and other factors relevant to balancing the above stated public interests shall be considered as they apply to any application brought before the Planning Commission or the County Commission for a land development decision:
1.
Is the proposed land development or use suitable in view of the land development and development of adjacent and nearby property?
2.
Does the request represent the possible creation of an isolated district unrelated to adjacent and nearby districts and will the proposed use adversely affect the existing use or usability of adjacent or nearby property?
3.
Will the proposed use cause an excessive or burdensome use of public facilities or services, including but not limited to streets, schools, water, sewer, or other public utilities, including police and fire protection?
4.
Is the proposed use supported by new or changing conditions not anticipated by the Comprehensive Plan or is the proposed use compatible and consistent with the purpose and intent of the Comprehensive Plan?
5.
Will the proposed change adversely influence existing conditions in the neighborhood or the city or county at large and are there substantial reasons why the property cannot or should not be used as currently districted?
6.
Are there potential adverse impacts on the environment, including but not limited to drainage, soil erosion and sedimentation, flooding, air quality, and water quality and quantity?
7.
Are the costs required of the public in providing, improving, increasing or maintaining public utilities, schools, streets and public safety necessities reasonable when considering the proposed changes?
8.
Will the proposed change be detrimental to the value or improvement of development of adjacent or nearby property in accordance with existing requirements and development standards?
9.
Is the proposed change out of scale with the needs of the neighborhood or Lanier County or does the request reflect a reasonable balance between the promotion of the public health, safety, morality, or general welfare and the right to unrestricted use of property?
10.
Will the proposed change constitute a grant of special privilege to the individual owner as contrasted with the adjacent or nearby neighborhood or with the general public?
f.
Standards for Special Exception Review. In addition to the standards enumerated in subsection (e) above, the following additional standards shall be considered for Special Exception requests:
1.
Is the type of street providing access to the use adequate to serve the proposed Special Exception use?
2.
Is access into and out of the property adequate to provide for traffic and pedestrian safety, the anticipated volume of traffic flow, and to allow access by emergency vehicles?
3.
Are public facilities such as schools, water, sewer or other public utilities and police and fire protection adequate to serve the proposed Special Exception use?
4.
Are refuse, service parking and loading areas on the property located or screened to protect other properties in the area from such adverse effects as noise, light glare and other negative impacts?
5.
Will the hours and manner of operation of the Special Exception use have no adverse impacts on other properties in the area?
6.
Will the height, size or location of the buildings or other structures on the property be compatible with the height, size or location of buildings or other structures on neighboring properties?
7.
Provided, that the County Commission may impose or require such 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; and provided that wherever the County Commission shall find in the case of any permit granted pursuant to the provisions of these regulations that any term, condition or restrictions upon which such permit was granted are not being complied with, said County Commission shall rescind and revoke such permit after giving due notice to all parties concerned and granting full opportunity for a public hearing.
8.
Special Exceptions granted by the County Commission shall be executed within a twelve month period or become null and void and subject to procedures for resubmission.
g.
Public Hearings Records Standards. The County Clerk shall mechanically record the proceedings of all land development 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, who must arrange at his expense for a certified court reporter to record and transcribe the hearing and furnish the original of the transcript to the Commission for its records. 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 land development amendment file.
h.
Conflict of Interest and Disclosure Rules. Any Lanier County Commissioner or Planning Commission member shall refrain from discussion of or voting upon any land development matter where the following exist:
1.
Has any direct ownership in any real property to be affected by a land development action under consideration by Lanier County Government;
2.
Has a ten percent (10%) or more direct ownership interest in the total assets or capital stock in any business entity which has any direct ownership in any real property affected by a land development action under consideration by Lanier County; or
3.
Has a spouse, parent, sibling or child with any interest as described in items 1 and 2 above shall disclose the nature and extent of such interest, in writing, to the Lanier County Commission as soon as he or she knows of its existence. Such an official, which shall include members of the County Commission, or Planning Commission also shall disqualify himself/herself from voting on the land development action and shall not take any other action on behalf of himself or herself or anyone else to influence action on the land development proposal. Any written disclosures made pursuant to this section which result in the inability of the County Commission to obtain a quorum for the purpose of making a final decision when considering a land development action, the County Commission shall initiate the special master process set forth in O.C.G.A. § 36-67A-5, as amended. Moreover, questions of interpretation as to the application of this statute should be resolved by reference to the Georgia state law governing campaign contribution disclosures, O.C.G.A. § 36-67-1 et seq., as amended.