REZONING APPLICATION STANDARDS INCLUDE:
These standards are adopted in accordance with OCGA 36-67-3 and 36-66-5b.
1. Whether the zoning action will permit a use that is suitable in view of the use and development of adjacent or nearby property.
2. Whether the zoning action will adversely affect the existing use of adjacent or nearby property.
3. Whether the property affected by the zoning decision has a reasonable economic use as currently zoned.
4. Whether the zoning action will result in a use which could cause an excessive or burdensome use of existing streets, transportation facilities, utilities or schools.
5. Whether the zoning action conforms with the policy and intent of an adopted land use plan
6. Whether other conditions exist that affect the use and development of the property in question and support either approval or denial of the zoning action.
CONDITIONAL USE APPROVAL INCLUDE:
A Conditional Use Permit (CUP) allows a city or county to consider special
uses which may be essential or desirable to a particular community, but
which are not allowed as a matter of right within a zoning district, through
a public hearing process. A conditional use permit can provide flexibility
within a zoning ordinance. Another traditional purpose of the conditional
use permit is to enable a municipality to control certain uses which could
have detrimental effects on the community.
These standards are adopted in accordance with OCGA 36-66-5b.
1. Adequate provision is made by the applicant to reduce any adverse environmental impacts of the proposed use to an acceptable level.
2. Vehicular traffic and pedestrian movement on adjacent streets will not be substantially hindered or endangered.
3. Off-street parking and loading, and the entrance to and exit from such parking and loading will be adequate in terms of location, amount of design to service the use.
4. Public facilities and utilities are capable of adequately serving the proposed use.
5. Granting the request would 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.
6. Granting the request would not lead to congestion, noise and traffic hazards or overload public facilities, current or planned.
7. Granting the request would conform to the general expectations for the area population growth and distribution according to the Comprehensive Land Use Plan (CLUP).
8. Granting the request would not lead to a major negative change in existing (1) levels of public service, (2) government employees, or (3) fiscal stability.
9. Granting the 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 (CLUP).
VARIANCE APPROVAL INCLUDE:
Variance means a decision by an agency to grant a modification to all
or part of the literal requirements of a rule to a person who is
subject to the rule.These standards are adopted in accordance with OCGA 36-66-5b.
1. There are extraordinary and exceptional conditions pertaining tot he property because of size, shape, or topography.
2. The literal application of the Morgan County ordinances would create an unnecessary hardship.
3. The variance would not cause substantial detriment to the public good or impair the purpose or intent of this ordinance.
4. A variance will not confer upon the property of the applicant any special privilege denied to other properties in the district.
5. The special circumstances surrounding the request for the variance are not the result of acts by the applicant.
6. The variance is not a request to permit a use of land, buildings, or structures which is not permitted by right or by conditional use in the district.
7. The zoning proposal is consistent with all standards and criteria adopted by Morgan County.
8. The variance is the minimum variance that will make possible an economically viable use of the land, building or structure.