City of Byron - Special Exception Application Memo

MEMORANDUM

TO: Special Exception Applicants

RE: Instructions and Guidelines for Filing a Special Exception

Application

This memo and the attached information is intended to help you file a complete application for a special exception. Before you file your application, it is recommended that you meet with the Planning Staff if possible, to ensure you have the materials necessary to file a complete application. If an incomplete application is submitted, it will not be processed and will be returned to you.

COMPLETE APPLICATION CHECKLIST

Your application will not be determined complete unless it contains all of the following:

Application fee ($350.00)
Application form furnished by the Zoning Administrator, including signed and notarized signature of property owner and campaign contributions disclosure form
Legal description of the property (metes and bounds)
Survey plat of the property
Site analysis and topographic map at an appropriate scale, including information on significant man-made and natural features and streams, wetlands, flood plains, and features to be retained, moved or altered
Letter of intent describing the proposed use of the property or other action requested
Written analysis of how the proposed action compares to decision criteria specified for deciding on the subject type of application (see application attachment)
Site plan of the property at an appropriate engineering scale showing the proposed use and relevant information regarding proposed improvements
Description of any special conditions voluntarily made a part of the request
Other information required by the Zoning Administrator

EXAMPLE OF A COMPLETE METES AND BOUNDS LEGAL DESCRIPTION

The following example of a complete metes and bounds legal description is provided:

All that tract or parcel of land lying and being in the 000 G.M.D., Peach County, Georgia as shown on a plat of survey of same by Venable & Associates, Inc. Surveyors, dated November 15, 1988, said plat being recorded in Plat Book 34, Page 83, Office of the Clerk of Superior Court of Peach County, Georgia, on July 17, 1990, said tract being more particularly described as follows:

To find the POINT OF BEGINNING, proceed from the centerline of Border Street at its intersection with Somewhere Street (a.k.a. U.S. Highway 123 Business), said Street having a 60 foot right-of-way, thence 198 feet more or less along the western right-of-way of said Street to an iron pin found, said point being the POINT OF BEGINNING; thence from the POINT OF BEGINNING North 79 degrees 47 minutes East a distance of 168.97 feet to an iron pin found; thence North 80 degrees 55 minutes East a distance of 39.14 feet to an iron pin found; thence North 04 degrees 23 minutes West a distance of 105.94 feet to an iron pin found; thence South 80 degrees 15 minutes West a distance of

208.73 feet to an iron pin found at the western right-of-way of Somewhere Street (a.k.a. U.S. Highway 123 Business), said Street having a 60 foot right-of-way; thence South 04 degrees 46 minutes East along the western right-of-way of said Street a distance of 106.81 feet to an iron pin found, sad pin being the POINT OF BEGINNING;

Said tract of land containing 0.51 acre, more or less.

When multiple properties are involved, it is desirable that the legal descriptions be combined into one metes and bounds legal description. Separate legal descriptions can be acceptable, subject to acceptance by the Zoning Administrator.

PLANNING AND ZONING
SPECIAL EXCEPTION APPLICATION FOR City of Byron

Note: The applicant must complete this and all attached forms. Failure to complete them will result in the refusal of the application. The Department has up to five (5) working days to review all applications submitted for sufficiency. If the application is found insufficient, an agenda date will not be set until the required information is submitted.

Name

Phone Number

Please enter a valid phone number.Format: (000) 000-0000.

Email

example@example.com

Name

Phone Number

Please enter a valid phone number.Format: (000) 000-0000.

Email

example@example.com

Existing Zoning District:

Proposed Zoning District:

Existing Use of Property:

Proposed Use:

Tax Map/Parcel Number

Acreage:

Location of Property (for legal ad):

I hereby certify that the above information and all attached information are true and correct.

Signature*

Date*

Date

Application Withdraw:

Signature*

Date*

Date

Application Date:

Taken by:

Tentative Public Hearing Date:

Fee:

Fee Payment Received:

Payment Taken By:

SPECIAL EXCEPTION DECISION CRITERIA

Planning and Zoning specifies that the following criteria may be applicable to the decision to approve or deny an application for conditional use. Please complete information on this page or within the letter of intent as to which of these criteria you believe apply to your case, and provide information and facts that you believe are relevant and support your case:

Rows	APPLICANT’S RESPONSE
1. Whether the adequacy of the size of the site for the use contemplated and whether or not adequate land area is available for the proposed use including provision of all required yards, open space, off street parking, and all other applicable requirements of the zoning district in which the use is proposed to be located.
2. Whether compatibility of the proposed use with adjacent properties and land uses and other properties and land uses in the district.
3. Whether the adequacy of public services, public facilities, and utilities to serve the proposed use.
4. Whether adequacy of the public street on which the use is proposed to be located and whether or not there is sufficient traffic carrying capacity for the use proposed so as to not unduly increase traffic and create congestion in the area.
5. Whether or not existing land uses located along access routes to the site will be adversely affected by the character of the vehicles or volume of traffic generated by the proposed use.
6. Whether ingress and egress to the subject property and to all proposed building, structures, and the uses thereon, with particular reference to pedestrian and automotive safety and convenience, traffic flow and control, and access in the event of fire or other emergency.
7. Whether or not the proposed use will create adverse impacts upon any adjoining land use by reason of noise, smoke, odor, dust, or vibration generated by the proposed use.
8. Whether or not the proposed use will create adverse impacts upon any adjoining land use by reason of the hours of operation of the proposed use.
9. Whether or not the proposed use will create adverse impacts upon any adjoining land use by reason of the manner of operation of the proposed use.
10. Whether or not the proposed plan is otherwise consistent with the requirements of the zoning district classification in which the use is proposed to be located.
11. Whether or not the proposed use is consistent with the policies of the comprehensive land use plan.
12. Whether or not the proposed plan provides for all required buffer zones and transitional buffer zones where required by the regulation of the district in which the proposed use is to be located.
13. Whether or not there is adequate provision of refuse and service areas.
14. Whether the length of time for which the special land use permit is granted should be limited in duration.
15. Whether or not the size, scale, and massing of proposed building are appropriate in relation to the size of the subject property and in relation to the size, scale, and massing of adjacent and nearby lots and buildings.
16. Whether the proposed plan will adversely affect historic buildings, sites, districts, or archaeological resources.
17. Whether the proposed use satisfies the requirements contained within the supplemental regulation for such special land use permit.
18. Whether or not the proposed building as a result of its proposed height will create a negative shadow impact on any adjoining building.

CAMPAIGN CONTRIBUTIONS DISCLOSURE FORM REQUIRED FOR ALL ZONING ACTIONS

Applicant, or person representing property owner

OCGA § 36-67A-3[c] Disclosure of campaign contributions:
(a) When any applicant for zoning action has made, within two years immediately preceding the filing of the applicant’s application for the zoning action, campaign contributions aggregating $250.00 or more to a local government official who will consider the application, it shall be the duty of the applicant to file a disclosure report with the governing authority of the respective local government showing:

(1) The name and official position of the local government official to whom the campaign contribution was made; and

(2) The dollar amount and description of each campaign contribution made by the applicant to the local government official during the two years immediately preceding the filing of the application for the rezoning action and the date of each such contribution.

(b) The disclosures required by subsection (a) of this Code section shall be filed within ten

(10) days after the application for the zoning action is first filed. (Code 1981, Section OCGA § 36-67A-3[C], enacted by GA L. 1986, page 1269, Section 1, GA L. 1991, page 1365, Section 1).

I hereby certify that I have read the above and that:

I have

**If you have made such contributions, you must provide the data required in subsection (a) above within ten (10) days of filing this application.

I have not

Within the two years immediately preceding this date, made any contribution(s) aggregating $250.00 or more to any local government official involved in the review or consideration of this application.

Applicant’s Signature

Date

I swear that I am the owner of the property which is the subject matter of the attached application, as shown in the records of Peach County, Georgia.

Name of Owner(s)*

Address*

Street Address

Street Address Line 2

CityState / Province

Postal / Zip Code

Phone Number*

Please enter a valid phone number.Format: (000) 000-0000.

Signature of Owner(s) *

I authorize the person named below to act as applicant in the pursuit of a rezoning, conditional use,

special exception or variance of this property.

Name of Applicant(s)*

Address*

Street Address

Street Address Line 2

CityState / Province

Postal / Zip Code

Telephone Number*

Please enter a valid phone number.Format: (000) 000-0000.

Personally appeared before me

who swears that the information contained in this authorization is true and correct to the best of his or her knowledge and belief.

Notary Public

Date

PLANNING & ZONING
City of Byron
401 Main Street Byron, GA 31008

PUBLIC NOTICE REQUIREMENTS

The zoning regulations require that public notice must be given prior to all zoning hearings as follows:

1) A public notice sign shall be placed in a conspicuous location on the property not less than 15 days and not more than 45 days prior to the public hearing in accordance with Section 115.3 of the Peach County Comprehensive Land Development Plan.

The City of Byron is required to post the sign and ensure that it remains in place during the entire zoning proceeding. The sign must be placed on the property within the specified time and in a conspicuous location.

The purpose of the sign is to inform the public that an application has been filed. Legally, the Planning and Zoning Committee cannot consider a request until all public notice requirements have been met. If it is determined at any time during the zoning proceeding that the sign has not been properly posted on the site, the committee must table or delay the request. Committee members and planning staff often visit the site and will look for the sign. Additionally, local citizens often report when a sign has not been posted.

Multiple sign posting on a site may be required as determined by the City. The sign will be conspicuous and in a location where it is clearly visible. The sign will not be obstructed in any manner, placed too far from the road, or placed in such manner that would cause it to blend into the landscape.

The sign will remain posted during the entire proceeding. Should you find the sign missing or vandalized in any manner, contact the City so the sign can be replaced. When the proceeding is complete and final action has occurred, the sign will then be removed from the property by the County.

THIS SIGN WILL BE POSTEDNO LATER THAN*

APPROVEDENY

REASON:

Please verify that you are human*

PLANNING AND ZONING

Applicant

Property Owner

Staff Use Only

AUTHORIZATION OF PROPERTY OWNER