The Clayton County Board of Commissioners hereby establishes the Board of Zoning Appeals of Clayton County which shall conduct business consistent with all requirements of the State of Georgia and this ordinance.

The Board of Zoning Appeals (BZA) shall consist of a five (5) member Board. Members shall be appointed and confirmed in accordance with Board of Commissioners' approval. Alternate Board of Zoning Appeals members may be appointed consistent with Board of Commissioners' approval. Zoning Board of Appeal members shall be appointed for three-year terms and shall serve until their successor is appointed and confirmed. Initial appointment shall be as follows: two members for one year, two members for two years, and one member for three years. Each successive appointment shall be for three years. If a member moves outside of the County; it shall constitute a resignation from the Board of Appeals. Vacancies for unexpired terms shall be filled in the same manner as the initial appointment and the Board of Commissioners shall appoint and confirm a member for the unexpired term of the vacating member. Members may be reappointed to successive terms without limitation.

The Board of Zoning Appeals shall have exclusive subject matter jurisdiction for:

A.

Variances; and

B.

Administrative Appeals.

A.

Quorum: Three (3) members of the Board of Zoning Appeals shall constitute a quorum for the transaction of business.

B.

Officers: The following officers shall be established:

1.

The Board of Zoning Appeals shall elect one of its appointive members as chairman. The chairman shall serve for 1 year or until he/she is re-elected or his/her successor is elected.

2.

A second appointive member shall be elected as vice chairman, and he/she shall serve for 1 year or until he/she is re-elected or his/her successor is elected.

3.

The Board of Zoning Appeals shall appoint a secretary, who may be an employee of Clayton County or a member of the Board of Zoning Appeals.

C.

Meetings: The Board of Zoning Appeals shall meet a minimum of once each month at a date and time established by the Zoning Board of Appeals, and all meetings shall be called in accordance with the procedures in Robert's Rules of Order.

D.

Rules and Operating Procedures: The Board of Zoning Appeals shall have the authority, with Board of Commissioners consent, to adopt any procedures concerning organization, forms for applications, filing requirements, procedures, and conduct of meetings.

E.

Filing: All applications for variances and requests for administrative appeal shall be filed by the applicant with the Department of Community Development in the form prescribed by the Zoning Administrator.

A.

The Board of Zoning Appeals shall fix a reasonable time for the hearing of administrative appeals and variances and may limit the number of petitions discussed at such meetings.

B.

No applicant or anyone acting in the applicant's behalf shall communicate with any member of the Board of Zoning Appeals before the filing of any application or any hearing related to such application, with intent to influence the member's action on a matter pending before the Board of Zoning Appeals.

A.

Acknowledgement. All persons who wish to address the Board of Zoning Appeals at a hearing on the proposed petition under consideration by the Zoning Advisory Group shall first sign up on a form to be provided by the County prior to the commencement of the hearing.

B.

Matter Presented. The Chairman of the Board of Zoning Appeals will read the proposed petition under consideration in the order determined by the Zoning Administrator. The Zoning Administrator, or his designee, shall then present the petition, along with the Zoning Administrator's staff report and all recommendations prior to receiving public input on the proposed petition.

C.

Speakers. The Chairman of the Board of Zoning Appeals will then call each person who has signed up to speak on the petition 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 Board of Zoning Appeals, in its discretion, allows the person to speak to the petition, notwithstanding the failure of the person to sign up prior to the hearing.

D.

Time Limits. The Applicant shall have a reasonable time for his presentation, as may be determined by the Board of Zoning Appeals. The opponents of the request shall be allotted a reasonable time as determined by the Board of Zoning Appeals.

E.

Decorum and Order. Each speaker shall speak only to the merits of the proposed petition under consideration and shall address his remarks only to the members of the Board of Zoning Appeals. 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 chairman 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 chairman 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.

F.

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

For all public hearings, the petitioner shall provide notice to the public consistent with the requirements of this ordinance provided in Article 13.

Every decision of the Board of Zoning Appeals shall be subject to appeals. Such appeals shall be presented to a Court of competent jurisdiction within 30 calendar days of the Board of Zoning Appeals' decision. Said appeal shall also be governed by Article 15 of this Zoning Ordinance.

(Ord. No. 2023-213, § 2, 9-19-23)

A.

The Board of Zoning Appeals may grant a variance from the development standards of this ordinance where permitted under this Ordinance, if, after a public hearing, it makes findings of facts in writing, that:

1.

The approval will not be injurious to the public health, safety, morals, and general welfare of the community;

2.

The use and value of the area adjacent to the property included in the variance will not be affected in a substantially adverse manner; and

3.

The strict application of the terms of this ordinance will result in a practical difficulty in the use of the property. This situation shall not be self-imposed, nor be based on a perceived reduction of, or restriction on, economic gain.

B.

The Board of Zoning Appeals may impose such reasonable conditions upon its approval as it deems necessary to find that the criteria for approval in Section 10.8 (A) above will be served.

C.

A developmental standard variance granted by the Board of Zoning Appeals and executed as described in this section shall run with the land until such time as:

1.

The property conforms with the ordinance as written, or

2.

The variance is terminated.

The Clayton County Board of Zoning Appeals shall under no circumstances grant a use variance or take any action to establish a use on any property within its jurisdiction that is neither a listed permitted use nor a listed conditional use in the district in which it is located as established by Article 3 of this ordinance.

A.

If the Board of Zoning Appeals grants a variance, it may direct the applicant to apply for an erosion and sedimentation control permit, grading permit and/or building permit. If such application complies with all established requirements and this ordinance, a certificate of occupancy for the execution of the approved variance may be issued.

B.

A variance may cease to be authorized and terminated with proper public notification, public hearing, and approval by the Board of Zoning Appeals if a Building Permit or Certificate of Occupancy for the execution of the approval has not been obtained within one (1) year of the date the variance is granted. The variance shall also be terminated with proper public notification, public hearing, and approval by the Board of Zoning Appeals if the approved construction has not been completed and approved by the Zoning Administrator as being consistent with all written commitments or conditions, the requirements of this ordinance, and all applicable permits within two (2) years of the date the variance is granted.

A.

The Board of Zoning Appeals may grant an appeal of any decision, interpretation, or determination made by the Zoning Administrator, other Community Development staff members, or any other administrative official or board charged with the duty of enforcing and interpreting this Ordinance.

B.

The Board of Zoning Appeals shall only grant an appeal of such an administrative decision based on a finding, in writing, that the decision was inconsistent with the provisions of this Ordinance.

C.

The approval of an administrative appeal may be terminated by the Board of Zoning Appeals under the following procedure:

1.

Upon determination by the Zoning Administrator that possible grounds for termination exist, the matter shall be placed on the Board of Zoning Appeals agenda for a public hearing.

2.

At the public hearing the approval shall be terminated if a finding is made by the Board that the approved was the result of fraud or the misrepresentation of facts.

3.

No administrative appeal may be reviewed by the Board of Zoning Appeals for the same cause more then once in any one (1) year period.

D.

If an administrative appeal is granted, the Department of Community Development may refund any application fees which have been paid to the County by the applicant in petitioning for the appeal. In no way shall this provision be interpreted as providing the applicant with the ability to seek the refund of any other fees or costs associated with the appeal or the application which is the subject of the appeal.

The Clayton County Board of Commissioners hereby establishes the Zoning Advisory Group of Clayton County which shall conduct business consistent with all requirements of the State of Georgia and this Ordinance.

The Zoning Advisory Group shall consist of and continue as a seven (7) member Board. Members shall be appointed and confirmed in accordance with Board of Commissioners' approval. Alternate Zoning Advisory Group members may be appointed consistent with Board of Commissioners' approval. Zoning Advisory Group members shall be appointed for three-year terms and shall serve until their successor is appointed and qualified. Initial appointment shall be as follows: three members for one year, two members for two years and two members for three years. Each successive appointment shall be for three years. If a member moves outside the County; it shall constitute a resignation from the Zoning Advisory Group. Vacancies for unexpired terms shall be filled in the same manner as the initial appointment and the Board of Commissioners shall appoint and confirm a member for the unexpired term of the vacating member. Members may be reappointed to successive terms without limitation.

The Zoning Advisory Group shall serve as the recommending body for the Clayton County Board of Commissioners. The Zoning Advisory Group shall recommend approval or denial of applications being forwarded to the Board of Commissioners, which include:

A.

Conditional Uses;

B.

Zoning Amendments (including Planned Unit Developments); and

C.

Comprehensive Plan Amendments

The Zoning Advisory Group shall approve or deny the following applications for:

A.

Site Development Plans (if necessary);

B.

Preliminary Plats;

C.

Re-plats; and

D.

The vacation of plats of subdivisions.

A.

Quorum: Four (4) members of the Zoning Advisory Group shall constitute a quorum for the transaction of business.

B.

Officers: The following officers shall be established:

1.

The Zoning Advisory Group shall elect 1 of its appointive members as chairman. The chairman shall serve for 1 year or until he/she is re-elected or his/her successor is elected.

2.

A second appointive member shall be elected as vice chairman, and he/she shall serve for 1 year or until he/she is re-elected or his/her successor is elected.

3.

The Zoning Advisory Group shall appoint a secretary, who may be an employee of Clayton County or a member of the Zoning Advisory Group.

C.

Meetings: The Zoning Advisory Group shall meet a minimum of once each month at a date and time established by the Zoning Advisory Group, and all meetings shall be called in accordance with the procedures in Robert's Rules of Order.

E.

Rules and Operating Procedures: The Zoning Advisory Group shall have the authority, with Board of Commissioner consent, to adopt any procedures concerning organization, forms for applications, filing requirements, procedures, and conduct of meetings.

F.

Filing: All applications for conditional uses shall be filed by the applicant with the Department of Community Development in the form prescribed by the Zoning Administrator.

(Ord. No. 2022-175, § 1, 8-16-22)

A.

The Zoning Advisory Group shall fix a reasonable time for the hearing of any application and shall limit the number of items for consideration at any public hearing to ten (10) applications. However, items initiated by the Board of Commissioners shall be excluded from this cap limit.

B.

No applicant or anyone acting in the applicant's behalf shall communicate with any member of the Zoning Advisory Group before the filing of any application or any hearing related to such application, with intent to influence the member's action on a matter pending before the Zoning Advisory Group.

(Ord. No. 2022-176, § 1, 8-16-22)

A.

Acknowledgement. All persons who wish to address the Zoning Advisory Group at a hearing on the proposed petition under consideration by the Zoning Advisory Group shall first sign up on a form to be provided by the County prior to the commencement of the hearing.

B.

Matter Presented. The Chairman of the Zoning Advisory Group will read the proposed petition under consideration in the order determined by the Zoning Administrator. The Zoning Administrator, or his designee, shall then present the petition, along with the Zoning Administrator's staff report and all recommendations prior to receiving public input on the proposed petition.

C.

Speakers. The Chairman of the Zoning Advisory Group will then call each person who has signed up to speak on the petition 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 Zoning Advisory Group, in its discretion, allows the person to speak to the petition, notwithstanding the failure of the person to sign up prior to the hearing.

D.

Time Limits. The Applicant shall have a reasonable time for his presentation, as may be determined by the Zoning Advisory Group. The opponents of the request shall be allotted a reasonable time as determined by the Zoning Advisory Group.

E.

Decorum and Order. Each speaker shall speak only to the merits of the proposed petition under consideration and shall address his remarks only to the members of the Zoning Advisory Group. 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 chairman 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 chairman 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.

F.

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

For all public hearings, the petitioner shall provide notice to the public consistent with the requirements of this ordinance provided in Article 13.