CITIZENS TO PRESERVE MORGAN COUNTY, INC.
A Non-Profit Organization
PLANNING & DEVELOPMENT

Georgia Constitution Article IX, Section II, Para. IV: Planning and zoning.
"The governing authority of each county and of
each municipality may adopt plans
and may exercise the power of zoning."
PROCEDURES FOR APPLYING:

1. Application submitted 45 days prior to each scheduled Planning Commission meeting to be placed on agenda. (which is the 4th Thursday of each month).

2. Erection of a sign on the property which the application has been applied for no less than 15 days and nor more than 45 days prior to the Planning Commission meeting.

3. A legal advertisement will run in the Morgan County Citizen no less than 15 and no more than 45 days prior to the Planning Commission meeting.

4. Developments of Regional Impact (DRIs) are large-scale developments that are likely to have regional effects beyond the local government jurisdiction in which they are located such as rezoning for a landfill.
All DRIs must be sent to the Dept. of Community Affairs for processing.
 
5. The decision of the Planning Commission will be heard by the Board of Commissioners at their next scheduled meeting (which is the 1st Tuesday of each month).
Morgan County Planning & Development has the responsibility of interpreting, administering and enforcing codes and regulations with regard to zoning and land use. The Official Code of Georgia (OCGA) states: It is declared to be the policy of the State of Georgia (OCGA 12-8-21), in furtherance of its responsibility to protect the public health, safety, and well-being of its citizens and to protect and enhance the quality of its environment, to institute and maintain a comprehensive state-wide program for solid waste management and to prevent and abate litter, so as to assure that solid waste does not adversely affect the health, safety, and well-being of the public and that solid waste facilities, whether publicly or privately owned, do not degrade the quality of the environment by reason of their location, design, method of operation, or other means and which, to the extent feasible and practical, makes maximum utilization of the resources contained in solid waste."

According to Planning & Development requirements, the Banks family must submit the following applications and obtain approvals for:

  • REZONING APPLICATION from Agricultural (AG) to Heavy Industrial (I-2) which is the only zoning classification that allows landfills. (Ordinance 15.14.1).  The rezoning of any property must follow the required findings as listed in the zoning amendments (Ordinance 29.3.1).
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.
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