The governing authority of the county, after compliance with the Georgia Zoning Procedures Act and after due notice and public hearing, may supplement, modify, vary, or change the boundaries of zoning districts or the requirements of the ordinance by adopting amendments to the zoning map or text of the ordinance.

14.1.

Initiation of amendment. Amendments to the zoning map or text may be proposed by the governing authority, the planning commission, the county planner or their respective designee, by any owner of property within the area proposed for change, or that property owner's representative. Where the governing authority, the planning commission, the county planner or their respective designee initiates or applies for an amendment that proposes taking action resulting in a zoning decision, it shall provide for a hearing before the planning and zoning commission and a hearing before the board of commissioners on the proposed action. Such hearing shall be advertised at least 15 but not more than 45 days prior to the date of the hearing by publication within the legal organ. The notice shall state the time, place, and purpose of the hearing.

14.2.

Procedure.

1.

Prerequisites for planning process—Contents. Prior to processing of any application for rezoning or other land use permit, the applicant (herein defined as a person or entity other than a local government), shall be required to file documentation and follow certain procedures as set forth in this section. The applicant shall be required to file an application with the office of community development containing the following:

(a)

An appropriate number of copies of a completed application shall be filed on forms prescribed by the office of community development.

(b)

The notarized signatures of the applicant and at least 51 percent of all record titleholder(s) shall appear upon the application. In addition, persons having a security interest in the subject property must consent to the application.

(c)

The nonrefundable application fee which has been established by resolution of the board of commissioners shall be paid. A copy of the fee schedule shall be maintained for public inspection in the office of community development.

(d)

The applicant shall submit a current boundary survey and plat plan, to scale, prepared by a registered surveyor or registered engineer. In the alternative, the applicant may present other similar drawing, sketch, or plans that properly identifies the boundaries and planned development. Such development plan may also include such other information thereon as may be required by the county planner, or their respective designee including preliminary plans for development, building locations, parking areas, access points, adjacent streets, land lot lines, buffer areas, any future right-of-way, wet areas, flood plains, utilities and stormwater retention.

(e)

The applicant shall submit any other information required by the county planner, or their designee or other county departments which they deem necessary or desirable in processing the application, which is related to the present or proposed use of the property.

2.

Every applicant filing an application for rezoning involving a request for a nonresidential zoning district, or a residential zoning district where the application(s) is for at least ten acres of contiguous or adjoining lands shall include a complete written, documented analysis of the impact of the proposed rezoning with respect to each of the following matters:

(a)

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

(b)

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

(c)

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

(d)

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;

(e)

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

(f)

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.

3.

Staff report. After the applicant has filed an application for rezoning involving a request for a nonresidential zoning district, or a residential zoning district where the application(s) is for at least ten acres of contiguous or adjoining lands under this section, the county planner shall make a written recommendation and zoning analysis (staff report). The staff report will relate to the following:

(a)

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

(b)

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

(c)

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;

(d)

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

(e)

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.

14.3.

Review by planning commission.

1.

The planning commission shall conduct a public hearing on each application for a land use permit or rezoning in accordance with a schedule and procedures adopted by the board of commissioners. A staff report on each application shall be submitted to and considered by the planning commission at the public hearing. In addition to other requirements, the planning commission shall investigate and consider the staff report and any required analysis that is submitted by the applicant.

2.

As to each application, the planning commission shall make a recommendation for approval, approval with conditions, denial, deferral, continuance, hold, withdrawal without prejudice or no recommendation. The planning commission may hold, continue or defer any application for more than one additional scheduled hearing date. Written minutes of the planning commissions' recommendation to the board of commissioners shall be prepared, maintained and submitted to the board of commissioners prior to its hearing. Additionally, the staff report and any required report of the applicant shall be submitted to the board of commissioners. All documents shall thereafter become public record.

3.

The planning commission shall adopt such rules and regulations for the conduct of public hearings and meetings as are consistent with state law and this Code, which shall be published and available to the public during regular business hours.

4.

First reading. The planning commission shall conduct a public reading of the application for a land use permit or rezoning at its first available public meeting. No public notice or posting regarding said reading shall be required, but the county planner or their respective designee may require the applicant to be present. Upon completion of the reading, the application shall be scheduled for a public hearing.

5.

Public hearing. The planning commission shall hold a public hearing on an application for amendment. Notice of the time and place shall be advertised and posted pursuant to notice requirements as set forth within O.C.G.A. §§ 36-66-1 et seq., as amended. After conducting the public hearing, the planning commission shall forward its recommendations to the governing authority.

14.4.

Posting of public notice.> A sign displaying the appropriate information as required by O.C.G.A. § 36-66-4, as amended, shall be conspicuously posted and maintained on or near the right-of-way of the nearest public street, so as to be visible from the street under the following conditions:

1.

The property shall remain posted until a final decision by the applicable board or boards.

2.

In the event the sign is removed, destroyed, or displaced from its conspicuously displayed location, it is the responsibility of the applicant to immediately notify the county planner so as to request an additional sign be posted and maintained during the posting period.

3.

Failure to post and maintain the signs continuously may prohibit consideration of the application at any scheduled public hearing. In the event the signs are not posted continuously, the applicable board, in its sole discretion, may either require the re-posting and re-advertising prior to any future public hearing, for which the applicant shall pay an additional re-advertising fee.

14.5.

Public hearing by board of commissioners. Before taking action on an application for rezoning and after receipt of the staff report, the planning commission's recommendation and the applicant's report, where required, the board of commissioners shall conduct a public hearing on the application in accordance with rules and procedures as may be adopted by the board of commissioners from time to time. Prior to or in conjunction with the hearing, the board of commissioners shall review the applicant's report, if any. the staff report and the planning commission's recommendation. All zoning hearings before the board of commissioners shall be conducted according to Georgia law, these policies and procedures, and the administrative provisions of this Code. Visual and sound recordings shall be permitted. Public hearings shall be conducted as follows:

1.

Members of the public shall not make inappropriate or offensive comments and are expected to conduct themselves in a professional and respectful manner. All remarks should be directed to the chairman and not to individual commissioners unless answering a question by the same, staff or citizens in attendance. Individuals who violate any rules of the board may be ruled out of order by the chairman or on a point of order made by a commissioner. A majority vote of the board will rule on the point of order. An individual who violates the rules of decorum may be removed from the meeting at the direction of the chairman.

2.

In all proceedings before the board of commissioners, the board of commissioners shall allow a minimum time period at hearings on proposed zoning decisions for presentation of data, evidence, and opinion by proponents of each zoning decision and an equal minimum time period for presentation by opponents of each proposed zoning decision, as follows:

a.

The chairman shall call for an item to be placed before the board of commissioners from the county planner or his designee.

b.

The board of commissioners shall seek from the zoning applicant a presentation of data, evidence and opinion by the proponent(s) of the zoning application and allow said presentation for a minimum of ten minutes. At the discretion of the chairman, the proponents may be restricted during this presentation to one spokesperson.

c.

The board of commissioners shall seek from those opposed to the zoning application a presentation of data, evidence and opinion by the opponents(s) of the zoning application and allow said presentation for a minimum of ten (10) minutes. At the discretion of the Chairman, the opponent(s) may be restricted during this presentation to one spokesperson.

d.

The board of commissioners shall allow a rebuttal of data, evidence, and opinion from the zoning applicant or proponent(s) of the zoning application and allow said rebuttal for a minimum of two minutes. At the discretion of the chairman, the proponents may be restricted during this presentation to one spokesperson.

e.

The board of commissioners shall allow a rebuttal of data, evidence, and opinion from the opponents of the zoning application and allow said rebuttal for a minimum of two minutes. At the discretion of the chairman, the opponents may be restricted during this presentation to one spokesperson.

f.

By a affirmative vote of the majority of the board of commissioners, the above stated time for presentation and/or rebuttal may be expanded on an equal basis for the applicant and opponents thereof for comments of all persons desiring to speak in favor or against the proposed application for rezoning. However, the chairman shall have the right to establish time limitations above the minimum stated times if needed due to lengthy presentations or the length of the agenda.

g.

The board of commissioners shall ask questions of any speakers and/or the county staff according to the staff report(s) to be deemed appropriate.

h.

The board of commissioners shall conduct any appropriate discussion of the issues presented.

i.

So that the purpose of this chapter will be served and the health, public safety and general welfare secured, the board of commissioners may approve or deny the application, reduce the land area for which the application is made, change the zoning classification, district or category requested, add or delete conditions of the application, including but not limited to site-specific conditions, allow a variance based upon a development plan, or allow an application to be withdrawn without prejudice with respect to the 12-month limitation of this section.

j.

An action by the board to defer or continue the application may 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 except posting shall be required. In the event a statement of the date and time of the next meeting at which the application will be considered by the board of commissioners is not included, the county planner, or their respective designee shall take necessary actions to post the property.

14.6.

Fee. Application fees shall be approved by the board of commissioners and conspicuously posted in the planning and zoning department.

14.7.

Minimum time between applications. A property owner shall not resubmit an application request or proposal for zoning decision, as defined O.C.G.A § 36-66-3, affecting the same property, more than once in a 12-month period. The 12-month period begins at the date of denial of the application before the board of commissioners except in case where the matter is appealed to superior court. In the case of an appeal to superior court the 12-month re-application period shall begin to run from the date on which final judicial adjudication is rendered in the matter.

14.8.

Withdrawal of application.

1.

An application for rezoning may be withdrawn by the applicant or his legally appointed representative provided said request is submitted in writing not later than 48 hours before the time set for the public hearing before the board of commissioners. When an applicant does not properly withdraw an application pursuant to the requirements set forth herein, the application shall be withdraw with prejudice and may not again resubmit a proposal for zoning amendment, affecting the same property, for a 12-month period beginning from the date of the application to the office of community development. Any fees paid for the application for rezoning shall be forfeited.

2.

Computation of time. For purposes of counting time in this section, legal holiday, weekends, and days where the county administrative building is closed shall be excluded. Where the public hearing is scheduled after 5:00 p.m. on a Tuesday, the time to withdraw such application without prejudice shall be submitted in writing no later than 5:00 p.m. the previous Friday. When the time prescribed for such action falls on a public and legal holiday, the party having the duty shall have through the next business day to exercise the privilege or to discharge the duty. Intermediate Saturdays, Sundays, and legal holidays shall be excluded in the computation.

14.9.

Appeal. If the governing authority executes an action which the applicant or other injured party believes to be contrary to law, that action may be appealed to the superior court of the county. Findings of fact may not, however, be appealed. Appeals must be filed within 30 days of the date on which the action of the governing authority was taken.

14.10.

Standards for considering zoning decisions. The decision by the board of commissioners to approve in whole or part, reject, condition or delete an application for rezoning shall be based on, but not limited to, a consideration of the following criteria:

1.

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

2.

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

3.

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;

4.

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

5.

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.

14.11.

No official action. In the event of a tie vote or a vote having less than four affirmative votes from the board of commissioners that results in no official action on a decision related to zoning, the applicant shall file a written request to the clerk of the board of commissioners within 36 hours of said vote requesting that the board reconsider the application at another hearing. If no written request is submitted, the application shall be deemed to be withdrawn without prejudice and may be resubmitted within the 12-month limitation of this section. The applicant must comply with the requirements set forth in section 102-14(14.4). This section shall not abrogate any rights that the applicant may have under O.C.G.A. § 36-67A-5, as amended.

14.12.

Conditional zoning (use of conditions).

1.

In deciding upon any application for zoning map amendment, the planning commission and board of commissioners may, on their own motion or upon the suggestion of the applicant, grant the application subject to certain conditions or stipulations necessary to promote and protect the health, safety, morals and general welfare of the county. Such conditions shall be imposed for the benefit of the community to lessen any negative effects that the zoning map amendment may cause.

2.

The board of commissioners may grant any zoning map amendment and include conditions, including but not limited to the following:

(a)

Such conditions as are deemed necessary to protect neighbors and to lessen any negative effects of the zoning change;

(b)

Such conditions may consist of specific use restrictions or the following area and building restrictions: setback requirements from any lot line; specified or prohibited locations for buildings, parking, loading or storage areas or other land uses; driveway curb cut restrictions; restrictions as to what land uses or activities shall be permitted; maximum building heights or other dimensions; special drainage or erosion provisions; landscaping or planted area, which may include the location, type and maintenance of plant materials; fences, walls, berms, or other buffering provisions or protective measures; preservation of existing trees or other vegetation; special measures to alleviate undesirable views, light, glare, noise, dust or odor; permitted hours of operation when adjacent to residential districts; architectural style; a requirement that the existing building(s) be retained;

(c)

That the rezoning is conditional and binds the applicant and any successor in title who may construct only those uses and only in such a manner as is depicted upon any development plan submitted and approved with the application.

3.

Prior to a vote being taken upon any application for zoning map amendment in which conditions shall be imposed, such conditions will be announced at the hearing, presented in writing as part of the development plan, or recorded as part of the official record, and the applicant shall be afforded an opportunity to present its position on such conditional requirements. If the applicant finds such proposed conditional requirements to be unacceptable, it may, at that time, withdraw its application for zoning map amendment; such withdrawal shall be subject to the requirements as set forth in sections 102-14(14.7) and (14.8).

4.

If the applicant proposes zoning based upon a development plan, proposes conditions or stipulations in writing, or incorporates conditions as part of a development plan. The written conditions shall be submitted in an appropriate number of copies on 8.5 x 11 paper size to the county planner or their respective designee with the application for rezoning. If conditions are proposed after the application has been submitted, the applicant shall submit an appropriate number of copies of said conditions as an amendment to the application prior to final approval of the rezoning by the board of commissioners. Upon approval by the board of commissioners, such conditions shall by reference become a part of the rezoning record.

5.

If the board of commissioners adopts a zoning map amendment which contains conditional requirements, such requirements shall become a part of this chapter and the official zoning map. Such property shall thereafter carry the suffix "-C" to indicate that such property has been conditionally zoned (e.g., A-C, R30-C, etc.). Such conditions shall be binding upon all owners of the property until removed or modified by the board of commissioners. The county planner, or their designee shall so indicate in the records of the zoning actions the existence of the conditional requirements. If the county planner, or their designee deems it appropriate and feasible, the suffix "-C" shall be affixed to the zoning map for the appropriate property.

6.

A conditional requirement may be imposed upon either permitted and/or conditional uses in any zoning district.

7.

The building inspector shall issue a building permit for the development of the property only in strict compliance with the new zoning category and the further specific conditions added by the applicant and approved by the board of commissioners.

8.

All proposed zoning amendments, including amendments under this conditional zoning, must be submitted to the planning commission for review and recommendation. However, if the conditions established by the applicant in conjunction with an application for conditional zoning are minor and added after planning commission review of the rezoning proposal, or if the conditions are altered or otherwise changed after planning commission action on the rezoning application as originally submitted, the board of commissioners may, in their discretion, require resubmission to, or review by, the planning commission.

14.13.

Reserved.

(Ord. of 7-14-98(2), § 14.0; Res. of 2-23-99(2); Res. of 4-11-00(1); Res. of 9-25-00(1); Ord. of 5-20-03(1), § 1; Ord. of 8-4-20(1), § 13)