CHAPTER 12.5 LAND USE RESTRICTIONS Section 12.5.2 Water Quality Critical Areas for Large and Small Water Supply Watersheds (f) Landfills as Waste Disposal. No Landfills or waste water disposal facilities of any kind (except for septic tanks approved by the County Health Department) shall be located within a Water Quality Critical Area.
Section 12.5.3 Limited Development Areas for Large and Small Water Supply Watersheds (f) Landfills and Waste Disposal. There are no additional restrictions on existing municipal solid waste landfills, inert landfills or construction demolition debri landfills within the Limited Development Area. New landfills are only allowed if they have synthetic liners and leachate collection systems.
CHAPTER 9.2 HEAVY INDUSTRIAL ZONING DISTRICT (I-2)
The Heavy Industrial Zoning District is established to promote and preserve a suitable environment for heavy industry and manufacturing uses requiring large land areas for production facilities and outside storage. This district requires adequate accessibility to major transportation facilities, availability of adequate utilities and other public services, and isolation from conflicting land uses such as those found in residential or scenic preservation districts.
CHAPTER 9.3 LARGE SITE INDUSTRIAL ZONING DISTRICT (I-3)
The intent of the Large Site Industrial Zoning District is to establish zoning standards suitable to the scale of development on large sites, where potential impacts on the surrounding community are proportionally greater than those generated by small, individual parcels and therefore require the application of standards scaled beyond the standards found in the general districts of the Zoning Ordinance.
Further, the intent of the district is to achieve development which is consistent with the land use goals of Morgan County, to provide for a review process which facilitates the development of new sites allowing for the flexibility to achieve the best possible development, both in terms of achieving the site's economic development potential and in terms of protecting and enhancing the quality of life of the citizens of Morgan County.
Accordingly, the Board of Commissioners finds that the application of the standards contained in this district will help develop the harmonious development of the county, increase the desirability of residence and investment of the county, increase the opportunity to attain the optimum use and value of land and improvements, positively effect the stability and value of property, positively affect the peace, health and welfare of the county, and create a proper relationship between the taxable value of property and the cost of local government services.
Section 15.14.1 Permitted Locations
Landfills are only permitted in Heavy Industrial (I-2) Zoning District as conditional use. Landfills are not permitted in any other zoning district under any circumstances or under any other use. Section 15.14.4 Dimensional Requirements
Any landfill must be located on a minimum of 250 acres (current parcel is 429 acres with expansion capability to 1,153 acres). The landfill cell area may not exceed 30% (128 acres) of the total acreage, with landfill operations areas not exceeding 40% (172 acres). No landfill cell may exceed 60 feet in height from the original grade, when fully filled, covered and vegetated. No more than 10 acres of the property can be active landfill cell at any one time. Section 15.14.5 Fencing Requirements
All landfill cell areas and landfill operations areas must be surrounded by a chain link fence at least 6ft high, topped with anti-climbing devices. The boundary of the landfill property (either inside or outside the vegetated buffer) must be surrounded by a wooden privacy fence, at least 8ft high.
Section 15.14.6 Buffer Requirements
In addition to any buffer and landscaping requirements required in Article 19 of this Ordinance, all landfills must be surrounded by a vegetated buffer at least 500ft thick, located on the landfill property. The buffer must be sufficiently vegetated to be completely opaque and prevent viewing of any landfill cell at all times of the year. If the preexisting natural buffer is insufficient, the buffer shall be enhanced with appropriate trees dense enough to achieve the required opacity, on a vegetated berm at least 6ft high and 50ft wide at the top.
Section 15.14.7 Location Related to Adjacent Land Uses
No landfill cell may be located within 2,000ft of residential used property (so used at the time of application for the permit). For the purposes of this section, the phrase 'residential used property' shall mean the property on which the residence is located an not more than 1 acre of land, determined as if the residence was situated in the center of said tract. No landfill cell may be located within 100ft of a wetland, groundwater recharge area, lake or other body of water, floodplain, stream or river.
Section 15.14.9 Hours of Operation
Hours of operation of any landfill shall be no greater than 8:00am to 5:00pm Monday through Friday, 8:00am to 4:00pm Saturday. No operation allowed on Sunday.
Section 15.14.10 Access Requirements
A landfill shall only permitted where all County roads used for access have been built to a standard sufficient to withstand the projected number of trips per day at maximum weight for the vehicles expected. If a landfill is proposed adjacent to County roads that are not sufficient to withstand the loads, or were not designated for such loads, the landfill owner must pay to bring such roads up to standard from the entrance(s) of the landfill to the nearest County or State road of sufficient strength; or the landfill shall be denied. Truck traffic shall be restricted to roads of sufficient length and width.
Section 15.14.11 Application Requirements
An application for a conditional use permit for a landfill shall also submit the following information, in addition to other conditional use requirements: (a) A topographic site plan showing the proposed landfill, all surrounding uses in a ½ mile radius, the zoning on all adjacent parcels, the location of the landfill cells, all buffers and fences, highlighting land sloping 25% or more, and
showing such other information as may be required by the Director. (b) A report from a geologist of the soil conditions on the landfill, discussing the topography (especially any steep slopes), the substrata, and any geologic hazards or relevant conditions on the property, as well as giving an opinion as
to the property’s suitability for the type landfill proposed. (c) A site plan prepared by a qualified engineer depicting all floodplains, streams and rivers, watershed areas, wetlands, and groundwater recharge areas within ½ mile of the subject property (including on the subject property), as well as
showing the location of the landfill and the landfill cells to those features, showing all buffers and setbacks. The plan shall also depict all water wells within ½ mile of the landfill cells. (d) A plan showing access, ingress and egress, including mechanisms to keep dust down and dirt off county roads. All access roads to landfill cells must be paved, and a truck cleaning station must be used at any exit. An estimate of daily truck traffic shall be provided, and entrances shall be located to minimize traffic hazards, with accel/decel lanes provided. (e) A traffic plan showing ingress and egress, number of trips per day, vehicle type, and maximum weight of vehicles expected. Section 15.14.12 Additional Criteria for Application Consideration
In addition to the conditional use criteria in Chapter 31.3 of this Ordinance, in considering an application for a landfill, the following additional criteria shall also apply: (a) Is the property and general area suitable for a landfill, considering geography, wetlands, streams an rivers, watersheds, groundwater recharge areas, adjacent uses and zoning, airports, national historic sites, jurisdictional boundaries and similar criteria? (b) Does the property and site plan meet all the buffer requirements relating to landfills? (c) Will the landfill have any negative impacts on the adjacent properties? (d) Are access, ingress and egress adequately provided for, considering the volume of traffic expected? (e) Is the use consistent with the comprehensive plan and the pattern of development in the area, and the applicable solid waste management plan?
CHAPTER 29.3 CRITERIA FOR CONSIDERING ZONING AMENDMENTS
Section 29.3.1Required Findings for Zoning Map Approval. The following standards governing the exercise of the Board of Commissioners' zoning power are adopted in accordance with O.C.G.A. §36-66-5(b), as amended, to be used by the Director, Planning Commission and the Board of Commissioners in reviewing, recommending, and acting upon applications for map amendments for approval, conditional approval, or disapproval as appropriate so as to balancing the interest of the public health, safety or general welfare against the unrestricted use of property. (a) Compatibility with Adjacent Uses and Districts: Existing uses and use districts of surrounding and nearby properties, whether the proposed use district is suitable in light of such existing uses and use districts of surrounding and nearby properties, and whether the proposal will adversely affect the existing use or usability of adjacent or nearby properties.
(b) Property Value: The existing value of the property contained in the petition under the existing use district classification, the extent to which the property value of the subject property is diminished by the existing use district classification, and whether the subject property has a reasonable economic use under the current use district. (c) Suitability: The suitability of the subject property under the existing use district classification, and the suitability of the subject property under the proposed use district classification of the property. (d) Vacancy and Marketing: The length of time the property has been vacant or unused as currently used under the current use district classification; and any efforts taken by the property owner(s) to use the property or sell the property under the existing use district classification. (e) Evidence of Need: The amount of undeveloped land in the general area affected which has the same use district classification as the map change requested. It shall be the duty of the applicant to carry the burden of proof that the proposed application promotes public health, safety, morality or general welfare. (f) Public Facilities Impacts: Whether the proposal will result in a use, which will or could cause an excessive or burdensome use of existing streets, transportation facilities, utilities, schools, parks, or other public facilities and services. (g) Consistency with Comprehensive Plan: Whether the proposal is in conformity with the policy and intent of the locally adopted comprehensive plan. (h) Other Conditions: Whether there is any other existing or changing conditions affecting the use and development of the property that give supporting grounds for either approval or disapproval of the proposal.
CHAPTER 31.3 CRITERIA FOR GRANTING A CONDITIONAL USE Section 31.3.1 Required Findings for Conditional Use Approval.
In determining the compatibility of a use with adjacent properties and the overall community, the Planning Commission and Board of Commissioners must make the following findings if the use is to be approved or approved with conditions:
(a) Adequate provision is made by the applicant to reduce any adverse environmental impacts of the proposed use to an acceptable level;
(b) Vehicular traffic and pedestrian movement on adjacent streets will not be substantially hindered or endangered;
(c) Off-street parking and loading, and the entrance to and exit from such parking and loading, will be adequate in terms of location, amount and design to service the use;
(d) Public facilities and utilities are capable of adequately serving the proposed use;
(e) Granting the request would not be an illogical extension of a use which would intrude a damaging volume of (1) agricultural, (2) commercial, (3) industrial, or (4) high density apartment use into a stable neighborhood of well-maintained single-family homes, and likely lead to decreasing surrounding property values, neighborhood deterioration, spreading of
blight, and additional requests of a similar nature which would expand the problem;
(f) Granting the request would not lead to congestion, noise and traffic hazards or overload public facilities, current or planned;
(g) Granting this request would conform to the general expectations for the area population growth and distribution according to the Comprehensive Land Use Plan;
(h) Granting this request would not lead to a major negative change in existing (1) levels of public service, (2) government employees or (3) fiscal stability; Granting this request would not have a "domino effect," in that it becomes the opening wedge for further rapid growth, urbanization or other land-use change beyond what is indicated in the Comprehensive Land Use Plan.
CHAPTER 31.4 CONDITIONAL USE PROHIBITED
Applications for conditional uses shall be limited to those uses identified as conditional uses in the zoning district in which the lot, which is the subject of the conditional use application, is located. Neither the Planning Commission nor the Board of Commissioners shall have authority to consider or act upon an application for a conditional use, which is not so identified, or which seeks relief properly considered under the provisions of Chapter 31.5 (Application Review and Recommendation) of this Article.
