§ 44-3. Standards governing the exercise of zoning powers.

Georgia law requires each local government that adopts a zoning ordinance to specify the standards or factors that will be considered by the government when balancing public and private land development interests in zoning decisions. The following standards governing the exercise of the zoning power are adopted in accordance with O.C.G.A § 36-66-5(b):

(1)

The existing land uses in the general area of the subject property and the zoning classification of nearby properties;

(2)

The suitability of the proposed property use(s) as to the intent authorized by this chapter;

(3)

The extent to which the value of the property in question would be diminished by the specific zoning requirements;

(4)

The extent to which the diminution of private property value is necessary to promote the health, safety, morals, or general welfare of the public;

(5)

The extent to which the hardships imposed upon the individual property owner by the ordinance are balanced by the public benefits resulting from the applicable zoning requirements;

(6)

The extent to which the property in question has a reasonable economic use as currently zoned;

(7)

The length of time that the subject property has remained vacant as zoned in relation to the rate and intensity of development in the areas within the vicinity of the subject property;

(8)

Whether the requested action will promote land uses that are generally compatible with the intensity and use of land development within the vicinity of the subject property;

(9)

Whether the requested action will adversely affect the existing land use or development potential of nearby properties;

(10)

Whether the requested action conforms with the policies and intent of the McDuffie County Comprehensive Plan;

(11)

Whether the requested action will result in a use which will or could cause an excessive or exhaustive burden on the capacity of existing public streets, parks and recreation facilities, solid waste disposal facilities, utilities, schools, or other essential public facilities;

(12)

Whether there are other existing or changing conditions affecting the use and development of the property in question which give supporting grounds for either approval or disapproval of the requested action.

(Ord. of 3-23-99, Art. 1, § 3)