§ 2308. Standards and factors to be considered in making zoning decisions.  


Latest version.
  • The city council of the City of Vidalia recognized that the proper exchange of its zoning powers requires the consideration and balancing of the public interest in protecting and promoting the public health, safety, morality and general welfare against the right to unrestricted use of property. To ensure a proper balancing of the aforesaid interest, the city planning commission in considering amendments to the zoning ordinance and application to rezone property for the purpose of making recommendations to the city council, and the planning commission in considering or making any zoning decision including, but not limited to, decisions concerning amendments to the zoning ordinance and applications to rezone property, shall consider the following standards and factors:

    (1)

    The existing land use pattern, and existing uses and zoning of nearby property.

    (2)

    Whether existing boundaries of use districts or zones are illogically drawn in relation to existing conditions affecting the property proposed for change.

    (3)

    Whether changed or changing conditions make the passage of the proposed zoning appropriate.

    (4)

    Whether the zoning proposal will permit a use that is suitable in view of the location of the subject property and the development of adjacent and nearby properties.

    (5)

    The suitability of the subject property for the purpose of the zoning.

    (6)

    Is this request a logical extension of use district or zone boundary which would improve the pattern of uses in the general area?

    (7)

    The length of time the property has been vacant as zoned considered in the context of land development in the vicinity of the property.

    (8)

    Whether the property to be affected by the zoning proposal has a reasonable economic use as currently zoned.

    (9)

    Whether the zoning proposal will adversely affect the existing use or usability of adjacent or nearby properties.

    (10)

    The extent to which property values are diminished by the particular zoning restrictions, and the extent to which any such diminution in, or destruction of the property values of the owner of the subject property promote the health, safety, morals and general welfare of the public.

    (11)

    The population density pattern and the possible increase in the use of, or the overloading of public facilities, including but not limited to, water and sewer systems, and streets.

    (12)

    The cost to the local government in providing, improving, increasing or maintaining water service, sewer service, streets and public safety measures.

    (13)

    Whether this request requires a major change in existing levels of public service which cannot feasibly be financed by the local government.

    (14)

    Accessibility of public transportation to the property.

    (15)

    Whether the zoning proposal is in conformity with the policy and intent of any then-existing land use plan.

    (16)

    Is the property likely to be used for the use requested?

    (17)

    The aesthetic effect of existing and future use of the property as it relates to the surrounding area.

    (18)

    Impact on the environment, including but not limited to drainage, soil erosion and sedimentation, flooding, air quality, and water quality and quantity.

    (19)

    Whether there exists a substantial need for the restrictions imposed or contemplated upon the use of the public health, morals, safety or welfare.

    (20)

    The relative gain to the public, as compared to the hardship imposed upon the individual property owner, and the relative loss to the public, as compared to the benefit gained by the individual property owner.

    (21)

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

    (22)

    Any other factors relevant to the balancing of the public interest in protecting and promoting the public health, safety, morality and general welfare against the right to unrestricted use of property. The board of appeals shall also consider such of the foregoing standards and factors as may be relevant to consideration of any issue before it on appeal.