The boards and commissions described in article VII are established for the purpose of implementing the provisions of this LDC. The boards and commissions described in this article shall have the powers and duties described necessary to achieve the purpose of this LDC.

(Ord. No. 18-01, §§ 1, 2, 9-11-2018)

The board of commissioners may amend, delete, supplement, or change by resolution the provisions of this LDC or the official zoning map, in accordance with the requirements of section 26-9.01.07 of this LDC. The official zoning map will be attached as appendix "A" to the ordinance from which this chapter derives. The Official Zoning Map of Burke County shall be maintained and retained in the planning commission office.

(Ord. No. 18-01, §§ 1, 2, 9-11-2018)

The Burke County Planning Commission, herein referred to as the planning commission, is hereby established to be organized and empowered as provided herein.

(Ord. No. 18-01, §§ 1, 2, 9-11-2018)

(a)

The planning commission shall consist of five members, all of whom shall be residents of Burke County, Georgia.

(b)

Each member of the board of commissioners shall nominate one member to the planning commission, who shall be residents of the district of residence of the appointing board of commissioner member. The board of commissioners shall vote upon the nominations and appoint the five members of the planning commission.

(c)

The terms of the members shall be for four years. Said members shall be allowed to succeed themselves at the discretion of the board of commissioners. Each member shall serve until a successor has been appointed and taken office.

(d)

The board of commissioners shall have the authority to remove any member for cause, on written charges, after a public hearing.

(e)

Any member of the planning commission who does not attend three successive meetings without reasonable cause shall be deemed to have resigned from the commission, and the board of commissioners shall accept nominations pursuant to subsection (a) of this section and appoint a new member to serve the balance of the term of the resigned member.

(Ord. No. 18-01, §§ 1, 2, 9-11-2018)

(a)

A quorum of the planning commission shall consist of three voting members. Any official decision of the planning commission provided herein shall require a quorum. Official action may be taken by the planning commission by a majority vote of those present.

(b)

The chairman and vice-chairman shall be eligible to vote on all issues pending before the planning commission.

(c)

Official action may not be taken by the PC unless a majority of the members are present. Official action may be taken by the PC by a majority vote of those present.

(Ord. No. 18-01, §§ 1, 2, 9-11-2018)

(a)

Chair. The planning commission shall elect its chair from among its members. The term of chair shall be one year with eligibility for re-election. The chair shall be eligible to vote on all issues pending before the planning commission.

(b)

Vice-chairman. The planning commission shall also elect a vice-chair from among its members. The term for the vice-chair shall be one year with eligibility of re-election. The vice-chair shall serve as chair in absence of the chair. The vice-chair shall be eligible to vote on all issues pending before the planning commission.

(c)

Secretary. The building official shall serve as secretary of the planning commission.

(Ord. No. 18-01, §§ 1, 2, 9-11-2018)

(a)

The planning commission shall make its own by-laws and rules of procedure.

(b)

The planning commission shall keep accurate minutes and records of its activities.

(c)

The planning commission shall set a regular monthly meeting time.

(d)

All meetings of the planning commission shall be open to the public and shall comply with O.C.G.A. § 50-14-1, et seq., and all records of the planning commission shall be public records.

(e)

The expenditures of the planning commission, exclusive of gifts, shall be within the amounts appropriated for the purpose by the board of commissioners.

(f)

Notice of each meeting shall be given to each member of the planning commission at least 72 hours prior to any meeting.

(Ord. No. 18-01, §§ 1, 2, 9-11-2018)

The Burke County Planning Commission shall:

(a)

Hear and make recommendations on applications for zoning changes and amendments to the text of this LDC.

(b)

Review and approve or disapprove of subdivision plats in accordance with the requirements of this LDC.

(c)

Review and approve or disapprove of site plans for specific proposed uses, as may be required in the site design standards for specific uses section of article IV of this LDC.

(d)

Have responsibility for final decision on the following types of applications in accordance with section 26-7.04.00:

(1)

Appeals of administrative decisions; and

(2)

Variances.

(e)

To carry out such other duties, responsibilities or activities as may be requested by the board of commissioners.

(Ord. No. 18-01, §§ 1, 2, 9-11-2018)

(a)

All present and future members of the planning commission shall be defended by the county, by the counsel of its choice, against any civil action arising out of the performance of any member's duties as a member of the planning commission except that no such defense shall be furnished to any member charged with a criminal offense involving theft, embezzlement or other like crime with respect to the property or money of or in which the county has an interest.

(b)

The county shall pay all of any judgment rendered against any member of the planning commission after defense of any civil action by the county except for a judgment rendered in any civil claim or judgment where the member of the planning commission acted in an intentionally reckless or harmful manner and beyond the scope of said member's authority in creating the cause of action for which the civil claim was instituted.

(Ord. No. 18-01, §§ 1, 2, 9-11-2018)

The planning commission shall have the authority to hear and decide appeals and authorize variances in the terms of this LDC and in the decisions and orders of the building official in the administration of this LDC.

(Ord. No. 18-01, §§ 1, 2, 9-11-2018)

(a)

Duties and power. The planning commission, acting as the board of zoning appeals, shall have the power and exercise of duty to hear and decide the following types of appeals and applications in accordance with section 26-9.03.00 of this LDC, and to such end shall have the necessary authority to ensure continuing compliance with its decision.

(1)

Interpretation. To render an interpretation of this LDC and the manner of its application where it is alleged that there is an error in any order, requirement or determination made by the building official in the administration of such provisions.

(2)

Variance. To authorize upon an appeal in specific cases such variance from this LDC as will not be contrary to the interest of this article, nor detrimental to the public interest and welfare. Variances from the terms of this LDC may be granted on appeal by the planning commission if it finds that:

a.

The literal enforcement of this LDC will create an unnecessary hardship or practical difficulty in the development of the affected property, except mere loss in property value shall not justify a variance; there must be a deprivation of a reasonable, beneficial use of land.

b.

The situation causing the hardship or difficulty is neither self-imposed nor generally affecting all or most properties within the general vicinity.

c.

The relief sought will not injure the permitted use of adjacent conforming property.

d.

The granting of the variance will be in harmony with the spirit and purposes of this LDC.

(Ord. No. 18-01, §§ 1, 2, 9-11-2018)