15.1.1 Text amendment. An application to amend the text of this Ordinance may be initiated by the Planning Commission or be submitted to the Planning Commission by the Commissioner, zoning staff, or by any person having an interest in the county.

15.1.2 Map amendment. An application to amend the Future Land Use Map or the official zoning maps may be initiated by the Planning Commission or be submitted to the Planning Commission by the Commissioner or zoning staff, property owner or agent of the owner. Unless initiated by the Commissioner, the Planning Commission or zoning staff, all applications to amend the Future Land Use Map or official zoning maps must be submitted by an owner of the affected property or an authorized agent of an owner, following procedures set forth in Sections 15.2 and 15.3. If submitted by an agent of the owner, such authorization shall be notarized and attached to the application. If a property has multiple owners, only one owner need file the application, and it will be assumed that the other owners consent; however, if any owner does not consent to the application (or otherwise objects), the rezoning application will not go forward. If owned by a corporation or other entity, the application must be filed by a person with proper corporate or entity authority, and the zoning administrator may require documentation to support a claim of authority. In the event there are separate owners of the surface rights and the mineral rights, both will be treated as an independent owner and be allowed to file for rezoning, regardless if the other party objects.

15.1.3 Resubmission after Denial. In the event an application for an amendment to the zoning map or Future Land Use Map has been denied, another rezoning application affecting the same property shall not be submitted nor accepted until twelve (12) months have passed from the date of the final decision by the Commissioner, or decision by a Court to uphold the County's decision, or the date an appeal was dismissed. The Commissioner may reduce said twelve-month time interval by resolution to a minimum of six (6) months.

15.1.4 Alter conditions. An application to alter conditions of rezoning may be submitted at any time after the final decision of the Commissioner. The Applicant must show a change in circumstances or additional information not available to the Applicant at the time of the original decision by the Commissioner to impose the condition. Another application to alter the same condition shall not be submitted more than once every twelve (12) months, such interval to begin on the date of the final decision by the Commissioner on said application to amend the condition.

15.1.5 Withdrawal. An application may be withdrawn without prejudice at any time prior to 6:00 p.m. on the day of the Planning Commission hearing. The Planning Commission may give permission for a withdrawal without prejudice at its hearing. Withdrawal after the Planning Commission's hearing shall mean such application may not be resubmitted for consideration for a period of six (6) months, counting from the date of withdrawal to the date of renewed application. Unless withdrawn at the hearing, the withdrawal must be in writing, signed and dated by the applicant.

15.1.6 Reduced requirements for county applications. The requirements of Section 15.2 (including limitation as to number accepted) do not apply to any application for amendment initiated by the zoning department staff, the Planning Commission or the Commissioner, and such applications shall only contain such information as is required by the Zoning Administrator. County initiated map changes do not require that the County send letters to property owners or post signs on properties affected. Such notice is not required under the Zoning Procedures Law and is not practical when the County changes large numbers of parcels at one time.

15.1.7 Simultaneous applications. If multiple amendments are submitted on one parcel, they are considered in the following order: 1) text amendments; 2) Future Land Use Map amendment; 3) zoning map amendment; 4) conditional use permit; 5) zoning condition amendment. Each application shall be voted on separately, in the above-stated order. If a rezoning change is denied and the proposed conditional use is not permitted in the original zoning district, that application shall be denied.

15.1.8 Campaign contribution disclosures. Applicants and opponents to rezoning actions that change the zoning district on a parcel are requested to consult the Conflict of Interest in Zoning Act, O.C.G.A. § 36-67A-1, which requires disclosure of campaign contributions, made within two years of the rezoning application, and aggregating $250.00 or more, to any Planning Commission member or the Commissioner. Such disclosures should be filed at least five calendar days prior to the Planning Commission's hearing on forms available at the Zoning office. Violation of this Act shall not affect the validity of the rezoning, but such action may be a misdemeanor under O.C.G.A. § 36-67A-4.

(Ord. of 7-21-2021(4); Ord. of 11-13-2024(2), § III)

15.2.1 Applications. Each application required by this Ordinance, including without limitation, to amend this Ordinance, the Future Land Use Map, or the official zoning maps shall be filed with the Zoning Administrator. The following requirements for information are mandatory, unless the requirement is deleted by the Zoning Administrator. The Zoning Administrator may require additional information to evaluate the application, the suitability of the proposed use, and other aspects of any proposed development, and any such information shall be provided. Such information is not required for County-initiated applications.

15.2.2 Maximum Number. A maximum of five (5) applications shall be accepted by the Zoning Administrator for consideration at any public hearing before the Planning Commission and/or the Commissioner. Of the maximum of five (5) total zoning applications per month, a maximum of two (2) residential development zoning applications that include 25 residential units or more (whether residential use only or mixed use) shall be accepted. Exception: if an application is initiated by the Bartow County staff, Planning Commission, or the Commissioner, it shall not count toward the maximum of five (5) applications.

15.2.3 Procedure. Zoning numbers will be issued to applicants, in order of request, starting on the first day applications are accepted. A schedule may be obtained from the Zoning Office. All applications must be complete and submitted by the end of the business day on the date the zoning number is issued. Incomplete applications will not be accepted, except with permission of the Zoning Administrator. Furthermore, applicants not filing a complete application on the date the zoning number is issued will forfeit their assigned number, and will have to request a new number no sooner than the next available date to accept applications, once their application is complete and ready for submission.

15.2.4 Text amendment applications. Text amendment applications shall include the following minimum information, unless the requirement(s) listed below are waived by the Zoning Administrator. Additional information may also be requested by the Zoning Administrator:

(A)

Name and current address of the applicant;

(B)

Current provisions of the text to be affected by the amendment;

(C)

Proposed wording of text change; and

(D)

Reason for the amendment request.

15.2.5 Future land use map amendment. Future Land Use Map amendment applications shall include the following minimum information, unless the requirement(s) listed below are waived by the Zoning Administrator. Additional information may also be requested by the Zoning Administrator:

(A)

An identification of the geographic area in the county that is to have a revised land use under the applicant's proposal;

(B)

All permitted land uses for the identified area under the existing Future Land Use Map;

(C)

All changes to existing land use designations that are proposed by the application;

(D)

All land uses immediately adjacent to the subject property under the existing Future Land Use Map;

(E)

All reasons for the amendment application;

(F)

Names and addresses of the applicant owners and their agents, if any, authorized to apply for an amendment; and

(G)

An initiating party shall also file any other information or supporting materials that are required by the Commissioner, Planning Commission, or Zoning Administrator.

15.2.6 Zoning map amendment. Official zoning map amendment applications shall include the following minimum information, unless the requirement(s) listed below are waived by the zoning administrator. Additional information may also be requested by the zoning administrator:

A.

A tax parcel card from the county tax assessor identifying the parcel to be rezoned, or the parent parcel of the parcel to be rezoned, if a split or subdivision is occurring;

B.

One copy of a new survey or the existing recorded plat, drawn to scale, showing north arrow, land lot and district, the dimensions, acreage and location of the tract prepared by a land surveyor whose state registration is current and valid.

C.

The present and proposed zoning district for the tract;

D.

Existing and intermediate regional floodplain and structures, as shown on the Federal Emergency Management Agency FIRM rate maps for the county, if any, and the county regulatory flood maps;

E.

The names and addresses of the owners of the land and their agents, if any;

F.

The names and addresses of all adjoining property owners. In determining the adjoining property owners, streams and road, street or railroad rights-of-way shall be disregarded;

G.

A utility availability and capacity letter from the water and sewer provider(s) must be filed with the application for rezoning. Sewer should be available immediately or estimated to be available within two (2) years of the date of the utility letter. In accordance with the Standards for Governing the Exercise of Zoning Power, the Planning Commission and Commissioner may consider whether the zoning proposal will result in a use which will or could cause an excessive or burdensome use of existing utilities.

H.

Applicants submitting an application to rezone property for residential developments, whether single-family or multi-family, are required to include example renderings of residences to be built on the property.

I.

A conceptual site plan depicting the proposed use of the property including:

1.

A drawing of the subject district and immediate surrounding area, drawn to scale.

2.

A correct scale and north arrow.

3.

The proposed land use and zoning as it would appear should the zoning map amendment application be approved.

4.

The present zoning classification of all adjacent parcels.

5.

The proposed location of streets and entry/exit points for vehicular traffic.

6.

Required yard setbacks noted on the plan.

7.

The location and extent of required buffer areas, depicting extent of natural vegetation and type and location of additional vegetation if required.

8.

A location map showing all arterial and collector streets of the adjacent area.

9.

Location and elevation of the 100-year floodplain and the county regulatory floodplain on the property subject of the proposed zoning.

10.

Acreage of property and proposed number of residential lots or dwelling units, if applicable.

J.

Conceptual site plans shall be required with any rezoning application in which the application is for a residential, commercial, institutional, industrial, or mining development. A rezoning application from the A-1 to the R-1 district for a proposed lot split, for example, would not require submittal of a conceptual site plan.

K.

Such other and additional information as may be requested by the zoning administrator.

15.2.7 Application schedule. Applications shall be submitted according to the schedule set by the Zoning Administrator and adopted by the Planning Commission. Application fees for an application to amend this Ordinance, the official zoning maps, or the Future Land Use Map shall be established by the Commissioner and made available by the Zoning Administrator. A fee shall not be charged for applications initiated by the zoning staff, Commissioner or Planning Commission.

15.2.8 Proposed conditions. With respect to amendments to the official zoning maps, an applicant may file site plans, renderings, construction specifications, written development restrictions and other conditions which the applicant proposes as binding conditions upon the development and use of the property involved in the application.

(Ord. of 7-21-2021(4); Ord. of 11-3-2021(3), § XII; Ord. of 12-6-2023(4), §§ IX, X)

15.3.1 Legal notice. Due notice of the public hearings pursuant to this Article shall be published in the newspaper of general circulation within the county. Notice advertising the application and indicating date, time, place and purpose of the public hearings shall be published at least fifteen (15) days prior to the date of the scheduled hearing of the Bartow County Commissioner but not more than forty-five (45) days prior to the date of the first scheduled hearing conducted by the Commissioner. If the application is to amend the Future Land Use Map, the notice shall include location, current land use category and proposed land use category. If the application is for amendment to the official zoning maps, then the notice shall also include the location of the property, the present zoning district of the property, and the proposed zoning district of the property. The cost of the advertisement shall be borne by the applicant. The notice shall also state, "Notice is hereby given that the Commissioner has the power to impose a different zoning classification from the classification requested, and impose or delete zoning conditions that may change the application considerably." If the notice does not run in the newspaper in conformance with these requirements, the application is void and cannot be considered as scheduled. The applicant shall coordinate with the zoning office and re-advertise for a future hearing, as assigned by the staff.

15.3.2 Signs posted. The Zoning Administrator shall post, at least fifteen (15) days prior to the Planning Commission's public hearing, in a conspicuous place in the public right-of-way fronting the property or on the property for which an application has been submitted, a sign or signs containing information as to the application and date, time and place of the public hearing.

15.3.3 Letters to Property Owners. The applicant shall notify each owner of property adjacent to or adjoining the property for which the amendment (other than a text amendment) is sought by mailing to each property owner a letter by first class mail, with proof of mailing obtained from the Post Office. Proof of mailing means either a First Class "Certificate of Mailing" or a First Class "Certified Mail" receipt; a proof of delivery is not required. Only owners reflected on the records of the tax assessors as of the date of the application shall be entitled to notice. In determining the adjoining property owners, road, street or railroad rights-of-way shall be disregarded. Notice shall also be provided by letter to such other impacted property owners or interest holders as the Zoning Administrator directs. The form letter provided by the County shall be used, or a letter conveying substantially the same information. Proof of mailing for each recipient shall be provided to the Zoning Administrator before the public hearing. Said notice must be mailed at least thirty (30) days prior to the date of the Planning Commission's public hearing.

15.3.4 County Exemptions. The provisions of Sections 15.3.2 and 15.3.3 shall not apply if the application is initiated by the zoning department staff, the Planning Commission or the Commissioner.

(Ord. of 7-21-2021(4); Ord. of 11-13-2024(2), § IV)

15.4.1 A Planning Commission was established by previous version of this Ordinance, and remains authorized under this Ordinance. Existing Commission members shall continue in their current terms unaffected by the adoption of this Ordinance. The Planning Commission of Bartow County consists of seven (7) members appointed by the Commissioner for staggered terms of three (3) years. The Commission shall meet every other month or on such other schedule as it chooses to adopt, but in no event less than four times per year. If there are no agenda items, the regularly scheduled meeting shall be cancelled.

15.4.2 Members. Members shall be paid per meeting at a rate established by the Commissioner and may be reimbursed for actual expenses incurred while representing the commission. Appointments shall be made by resolution of the commissioner. Any vacancy in the membership of the commission shall be filled for the unexpired term in the same manner as the initial appointment. Members shall be removable for cause by the county commissioner upon written charges and after a public hearing; provided, however, that any member who fails to attend three consecutive meetings, without cause, may be removed without a public hearing. The commission may adopt such by-laws as it deems necessary to provide for the orderly conduct of its business. The commission previously appointed by the commissioner shall continue to serve without change as if appointed under this ordinance.

15.4.3 Public hearing. The Planning Commission shall hold a public hearing on each application for an amendment pursuant to this Article in accordance with a schedule adopted by the Commission. As to each application, the Planning Commission shall make a recommendation for approval, approval with conditions, or denial. A tie vote on any motion shall equate to denial. The Planning Commission may grant the applicant's request to withdraw without prejudice at its hearing.

15.4.4 Tabling or remand. The Planning Commission may table an application if new information has been submitted, or to provide the applicant time to revise an application. At the hearing in which the tabling is granted, the Planning Commission shall specify the date of the next hearing and this action shall constitute public notice of such hearing, and no additional notices shall be required prior to the hearings.

15.4.5 Report. A written report or summary of the Planning Commission's recommendation shall be prepared by the zoning staff, and shall be a public record. The Planning Commission's action may recommend amendments or conditions to the applicant's request which would reduce the land area for which the application is made, change the district requested and recommend conditions of rezoning which may be deemed advisable so that the purpose of this Ordinance will, if applicable, be served, and health, public safety and general welfare secured.

(Ord. of 7-21-2021(4))

15.5.1 Sign up. All persons who wish to address the Planning Commission at a hearing on the proposed amendment under consideration by the Planning Commission shall first sign up on a form to be provided by the County prior to the commencement of the hearing. At least one person representing the application must be present at the hearing in order to explain the request and/or respond to questions regarding the application. if no one is present, the Planning Commission shall be empowered to table or recommend denial of the application.

15.5.2 Matter presented; out of order applications. The Secretary of the Planning Commission will read the proposed amendments under consideration in the order determined by the Zoning Administrator. The Zoning Administrator, or his designee, shall then present the amendment, along with the pertinent departmental reviews, if any, prior to receiving public input on the proposed amendment. If an application is not complete, or all requirements of this Ordinance have not been complied with, the application is out of order and may be taken off the agenda. It shall be postponed until the next meeting of the Planning Commission. If the application has already been advertised and persons wishing to speak have appeared for the hearing, the Commission may choose to hear from them, but an additional hearing shall be required. If the application is still incomplete or out of order at the next meeting, it shall be deemed withdrawn. The applicant shall have to wait six (6) months to reapply.

15.5.3 Speakers. The Secretary of the Planning Commission will then call each person who has signed up to speak on the amendment in the order in which the persons have signed up to speak, except the applicant who will always speak first. Prior to speaking, the speaker will identify himself or herself and state his or her current address. Only those persons who signed up to speak prior to the commencement of the hearing shall be entitled to speak, unless a majority of the Commission, in its discretion, allows the person to speak to the amendment, notwithstanding the failure of the person to sign up prior to the hearing.

15.5.4 Time limits. Each side shall be given a maximum of 30 minutes to address the Planning Commission concerning the amendment then under consideration unless the Planning Commission, by majority vote of the members present, votes to allow additional time for a particular speaker to address the Commission on said proposed amendment. Each speaker, excluding the applicant, shall be allowed three (3) minutes to address the Planning Commission concerning the amendment then under consideration, unless the Planning Commission, by majority vote of the members present, votes to allow additional time for a particular speaker to address the Commission on said proposed amendment. Any groups which are present are encouraged to choose a spokesperson to present their views. The applicant shall have a minimum of 10 minutes for his presentation (including all related witnesses or experts). The applicant may initially use all of the time allotted to him to speak, or he may speak and reserve a portion of his allotted time for rebuttal. Opponents are not allowed rebuttal or a second opportunity to speak, unless specifically granted by majority vote of the Commission. In all circumstances, in order to comply with state law, the proponent(s) and opponent(s) of each amendment shall have no less than 10 minutes per side for presentation of data, evidence, and opinion thereon; if there is only one applicant or opponent, such person shall have the full 10 minutes if desired. In the event the opponents collectively take more than 30 minutes, the applicant's time shall be extended similarly if desired. One member of the Planning Commission or staff shall be designated as the time keeper to record the time expended by each speaker.

15.5.5 Decorum and order. Each speaker shall speak only to the merits of the proposed amendment under consideration and shall address his remarks only to the members of the Planning Commission. Each speaker shall refrain from personal attacks on any other speaker or the discussion of facts or opinions irrelevant to the proposed amendment under consideration. The chair may limit or refuse a speaker the right to continue, if the speaker, after first being cautioned, continues to violate this subsection. Nothing contained herein shall be construed as prohibiting the chair from conducting the hearing in an orderly and decorous manner to assure that the public hearing on a proposed amendment is conducted in a fair and orderly manner.

15.5.6 These procedures shall be available in writing at each hearing.

(Ord. of 7-21-2021(4))

15.6.1 Public hearing. Before taking action on a proposed amendment and after receipt of the Planning Commission recommendations, the Commissioner shall hold a public hearing on the proposed amendment made pursuant to this Article, which shall be advertised as stated in Sec. 15.3 and conducted pursuant to Sec. 15.7.

15.6.2 Powers of the commissioner. At the public hearing, the Commissioner shall review the analysis submitted by the initiating party and the recommendation prepared by the Planning Commission. So that the purpose of this Ordinance will be served, health, public safety and general welfare secured, the Commissioner may approve or deny the application, reduce the land area for which the application is made, change the district or land use category requested, or add or delete conditions of the application. The Commissioner shall have the power to impose a different zoning classification from the classification requested, and impose any zoning conditions which ameliorate the impact of the zoning, or serve other lawful purposes of this Ordinance. The submission of an application for a rezoning shall be deemed notice of this power and consent to any such action. The Commissioner may also remand the application, if it has been changed or for any reason, to the Planning Commission for further review and recommendation.

15.6.3 Tabling application. The Commissioner shall have the power to table incomplete applications, or to seek more time for further information to be submitted. The action by the Commissioner to table the application shall include a statement of the date and time of the next meeting at which the application will be considered, which statement shall constitute public notice of the hearing on the application; and no further notice, such as that required by Section 15.3, is required. The application can be tabled for up to three months at a time to obtain necessary information or for other reasons of the Commissioner. The application can be tabled more than once if necessary, extending the duration the application remains on the table.

(Ord. of 7-21-2021(4))

15.7.1 Sign up. All persons who wish to address the Commissioner at a hearing concerning a proposed zoning decision under consideration by the Commissioner shall first sign up on a form to be provided by the County prior to the commencement of the Hearing.

15.7.2 Matter presented. Proposed zoning decisions shall be called in the order determined by the Zoning Administrator. The Zoning Administrator or his designee will read the proposed zoning decision under consideration and summarize the departmental reviews pertaining thereto prior to receiving public input on said proposed zoning decision. If an application is not complete, or all requirements of this Ordinance have not been complied with, the application is out of order and will not be called at that meeting. It shall be tabled for one month. If the application is still incomplete or out of order at the next meeting, it shall be deemed withdrawn. The applicant shall have to wait six months to reapply.

15.7.3 Speakers. The Zoning Administrator or his designee shall call each person who has signed up to speak on the zoning decision in the order in which the persons have signed up to speak, except the applicant who will always speak first. Prior to speaking, the speaker will identify himself or herself and state his or her current address. Only those persons who signed up to speak prior to the commencement of the hearing shall be entitled to speak, unless the Commissioner, in his discretion, allows the person to speak to the zoning decision, notwithstanding the failure of the person to sign up prior to the hearing.

15.7.4 Time limits. Each side shall be given a maximum of 30 minutes to address the Commissioner concerning the zoning decision then under consideration, unless the Commissioner allows additional time for a particular speaker to address the Commissioner on said proposed zoning decision. Each speaker, excluding the applicant, shall be allowed three (3) minutes to address the Commissioner concerning the zoning decision then under consideration, unless the Commissioner allows additional time for a particular speaker to address the Commissioner on said proposed zoning decision. Any groups which are present are encouraged to choose a spokesperson to present their views. The applicant shall have a minimum of 10 minutes for his presentation (including all related witnesses or experts). The applicant may initially use all of the time allotted to him to speak, or he may speak and reserve a portion of his allotted time for rebuttal. Opponents are not allowed rebuttal or a second opportunity to speak, unless specifically granted by the Commissioner. In all circumstances, in order to comply with state law, the proponent(s) and opponent(s) of each amendment shall have no less than 10 minutes per side for presentation of data, evidence, and opinion thereon; if there is only one applicant or opponent, such person shall have the full 10 minutes if desired. In the event the opponents collectively take more than 30 minutes, the applicant's time shall be extended similarly if desired. A member of the Commissioner's staff shall be designated as the time keeper to record the time expended by each speaker.

15.7.5 Decorum and order. Each speaker shall speak only to the merits of the proposed zoning decision under consideration and shall address his remarks only to the Commissioner. Each speaker shall refrain from personal attacks on any other speaker or the discussion of facts or opinions irrelevant to the proposed zoning decision under consideration. The Commissioner may limit or refuse a speaker the right to continue, if the speaker, after first being cautioned, continues to violate this subsection. Nothing contained herein shall be construed as prohibiting the Commissioner from conducting the hearing in an orderly and decorous manner to assure that the public hearing on a proposed zoning decision is conducted in a fair and orderly manner.

15.7.6 These procedures shall be available in writing at all hearings.

(Ord. of 7-21-2021(4))

Appeals of a decision to deny or grant a rezoning shall be taken within thirty (30) days of the decision by filing an appeal in superior court, pursuant to law.

(Ord. of 7-21-2021(4))

The following standards governing the exercise of the zoning power are adopted in accordance with O.C.G.A. 36-66-5(b):

(A)

The existing land uses and zoning classification of nearby property;

(B)

The suitability of the subject property for the zoned purposes;

(C)

The extent to which the property values of the subject property are diminished by the particular zoning restrictions;

(D)

The extent to which the diminution of property values of the subject property promotes the health, safety, morals or general welfare of the public;

(E)

The relative gain to the public, as compared to the hardship imposed upon the individual property owner;

(F)

Whether the subject property has a reasonable economic use as currently zoned;

(G)

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

(H)

Whether the proposed zoning will be a use that is suitable in view of the use and development of adjacent and nearby property;

(I)

Whether the proposed zoning will adversely affect the existing use or usability of adjacent or nearby property;

(J)

Whether the zoning proposal is in conformity with the policies and intent of the land use plan;

(K)

Whether the zoning proposal will result in a use which will or could cause an excessive or burdensome use of existing streets, transportation facilities, utilities, or schools; and

(L)

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.

(Ord. of 7-21-2021(4))

In adopting an Amendment to the Official Zoning Map, or approving a Conditional Use, the Commissioner may impose conditions of approval which it deems necessary in order to make the requested action acceptable and consistent with the purposes of this Zoning Ordinance and of the zoning district(s) involved, to ameliorate negative issues identified through evaluation of the standards governing consideration of a zoning change under Section 15, or to further the goals and objectives of any County adopted plans.

A.

Types of conditions. Such conditions may consist of any or all of the following:

1.

Dedication of required rights-of-way to the County where insufficient amounts or none exist;

2.

Setback requirements from any lot line;

3.

Specified or prohibited locations for buildings, parking, loading, or storage areas or other land uses;

4.

Driveway curb cut restrictions;

5.

Restrictions as to what land uses or activities shall be permitted;

6.

Maximum building heights or other dimensions;

7.

Special drainage or erosion provisions;

8.

Landscaping or planted area which may include the location, type and maintenance of plant materials;

9.

Fences, walls, berms, or other landscaping or buffering provisions or protective measures;

10.

Preservation of existing trees or planting of new trees or other vegetation;

11.

Special measures to alleviate undesirable views, light, glare, noise, dust or odor;

12.

Permitted hours of operation;

13.

Architectural style;

14.

A requirement that developers must build according to the concept plan as adopted;

15.

A limitation on exterior modifications of existing buildings; or

16.

Any other requirement that the Commissioner may deem appropriate and necessary as a condition of rezoning or approval of a Conditional Use.

B.

Such conditions:

1.

Shall only be valid if they are included in the Commissioner's Resolution;

2.

Shall be in effect as long as the zoning change is in effect, or for the period of time specified in the motion for approval of the zoning change;

3.

Shall be required of the property owner and all subsequent owners as a condition of their use of the property; and shall be interpreted and continuously enforced by the Zoning Administrator in the same manner as any other provision of this Zoning Ordinance.

4.

Failure to meet a condition of rezoning could result in penalties including the County not issuing a building permit, business license or Land Disturbance Permit for a property, or other enforcement detailed in Section 13 of the Zoning Ordinance.

(Ord. of 11-13-2024(2), § V)