A.

Clayton County hereby requires that an application be submitted for the following types of petitions:

1.

Variance,

2.

Conditional Use,

3.

Administrative Appeal,

4.

Zoning Map Amendment,

5.

Comprehensive Plan Land Use Map Amendment,

6.

Site Development Plan (subject to the requirements of Article 11 of this Ordinance),

7.

Planned Unit Development (subject to the requirements of Article 7 of this Ordinance),

8.

Minor Subdivision (subject to the requirements of Article 3 of the Subdivision Ordinance), and

9.

Major Subdivision (subject to the requirements of Article 4 of the Subdivision Ordinance), and

B.

Clayton County hereby requires that an application be submitted for the following types of permit applications:

1.

Sign Permit (permanent and temporary),

2.

Fence Permit,

3.

Building Permit, and

4.

Certificate of Occupancy.

C.

All applications shall be obtained through the Department of Community Development. Fees shall be paid at the Department of Community Development at the time that the application is submitted.

1.

All applications shall be made on forms provided by the Department of Community Development. All petitioners and permit applicants shall submit original applications which are completed in their entirely either in ink or typed. All applications shall be signed and notarized (if required).

2.

All applicants and agents shall submit copies of applications and necessary attachments as required by the Department of Community Development.

3.

All applications shall be assigned reference and/or docket numbers by the Zoning Administrator. Applications shall be scheduled by the Zoning Administrator for the appropriate public hearings based on the completeness of the application consistent with the requirements of this Article and the appropriate adopted calendars of filing and meeting dates for the Technical Review Committee, Board of Zoning Appeals, Zoning Advisory Group, and Board of Commissioner's.

The Department of Community Development shall maintain an official fee schedule for permits and processes outlined in this Ordinance. The Fees Schedule shall be available to the public in the Community Development Department. The fees schedule may be amended by the Board of Commissioners by a recommendation from the Department of Community Development.

Until all applicable fees, charges, and expenses have been paid in full, no final action shall be taken on any application, appeal, or petition.

Any person or persons who initiates construction of a structure or the alteration of land prior to obtaining a Erosion and Sedimentation Control Permit, Grading Permit, Building Permit, Sign Permit, Fence Permit, or any other required permit shall pay a fine equal to two (2) times the amount of the fee, in addition to the standard fee amount.

A.

Applications may be accepted to amend this Ordinance including without limitation, to amend this Ordinance, the Comprehensive Plan, or the Official Zoning Map.

1.

An application to amend the text of this Ordinance may be initiated by the Board of Commissioners or by any person having an interest in the County.

2.

Unless initiated by the Board of Commissioners, all applications to amend the Official Zoning Map must be submitted by the owner of the affected property or the authorized agent of the owner. If submitted by an agent of the owner, such authorization shall be notarized and attached to the application.

3.

An application may be withdrawn without prejudice up to and including the date of the Zoning Advisory Group meeting. Withdrawal subsequent to that time 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 the renewed application. Unless withdrawn at a hearing, the withdrawal must be in writing, signed and dated by the applicant.

Conference.

Prior to the submittal of an amendment, the applicant is encouraged to attend a pre-application conference with representatives of the County to discuss the application and review process. At this conference, the applicant will be provided with information regarding procedural review requirements, design and development standards, submission requirements, and design and construction requirements for infrastructure and natural resources.

1.

It is the County's intent that all procedural and development requirements be identified during the pre-application conference. However, no person may rely upon any comment concerning a proposed development or any expression of any nature about the proposal made by the participant at the pre-application conference as a representation or implementation or implication that the proposal will be ultimately approved or rejected in any form. Additionally, the failure to identify an applicable requirement or condition shall not preclude the County from requirement an applicant to comply with such requirement or condition.

A.

Applications. Each application required by this Ordinance, including without limitation, to amend this Ordinance, the Comprehensive Plan, Future Land Use Map, or the Official Zoning Map 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.

B.

Maximum Number per Month. A maximum of ten (10) applications shall be accepted by the Zoning Administrator for consideration at any public hearing before the Zoning Advisory Group and/or the Board of Commissioners.

C.

Filing Deadlines. Any application shall be submitted by the advertised filing deadline schedule posted by the Zoning Administrator and approved by the Zoning Advisory Group. All applications shall be assigned reference and/or docket numbers by the Zoning Administrator. Petition applications shall be scheduled by the Zoning Administrator for the appropriate public hearing based on the completeness of the application consistent with the requirements of this Article and the appropriate adopted calendar of filing deadline schedule. An incomplete application will not be accepted.

D.

Text Amendments. Text amendment applications shall include the following information:

1.

Name and current address of the applicant;

2.

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

3.

Proposed wording of text change; and

4.

Reason for the amendment request.

E.

Zoning Map Amendments. Official Zoning Map amendment applications shall include the following information:

[1.]

An application for map amendment (rezoning) as provided by the Zoning Administrator;

[2.]

An affidavit and consent of property owner (if the property owner is someone other than the petitioner);

[3.]

A letter of intent which describes the characteristics and operation of the development, including the projected population densities, proposed timeline for phasing or build-out, and number of potential employees. The detail statement shall include any written commitments being made regarding the Site Development Plan;

[4.]

A deed for the property involved;

[5.]

A location map showing and clearly identifying the subject property and showing all land within 1 mile of the subject property. The location map should identify the current zoning and use of all property within 1,320 feet of the subject property.

[6.]

A property survey showing all existing structures, topography, trees with a diameter measured at chest height of 8 inches or greater, floodplain and floodway boundaries (including elevations), rights-of-way, easements, building setback lines, drainage areas, pipes, known tiles, structures, utility services, historic structures, and road accesses. These items shall be identified for the subject site and adjacent properties within 400 feet.

[7.]

A site plan, drawn to scale and bearing the seal of a professional engineer or land surveyor clearly showing all aspects of the property and all features relevant to the Site Development Plan, including:

a.

All proposed setbacks, building envelopes, buffer yards, structure heights, and lot coverage calculations;

b.

All proposed buildings, structures, fences or walls, areas of outdoor storage, permanent dumpsters, and other improvements;

c.

All proposed locations and dimensions of road accesses, interior drives, parking lots, loading docks or areas, sight visibility triangles, and interior sidewalks (all public road access shall be subject to the approval of the Clayton County Department of Transportation and Development);

d.

All proposed open spaces and recreational amenities;

e.

All proposed stormwater management facilities;

f.

All proposed locations and capacities of public and private utilities (all septic systems shall be subject to the approval of the Clayton County Board of Health, all public sewer connections shall be subject to the approval of the Clayton County Water Authority or appropriate public service provider);

g.

Lakes, streams, and other waters on the site and associated buffers;

h.

All proposed public improvements including sidewalks, street trees, and right-of-way dedications;

i.

All proposed locations for temporary uses, such as seasonal sales areas; and

[8.]

Such other and additional information as may be requested by the Zoning Administrator.

F.

Comprehensive Plan Amendments. Comprehensive Plan amendment applications shall include the following:

1.

Name and current address of the applicant;

2.

Current provisions of the text and/or land use map to be affected by the amendment;

3.

Proposed wording of text change and/or plot plan, survey or tax parcel map from the County Tax Assessor identifying the parcel to be amended; and

4.

Reason for the amendment request.

The Clayton County Technical Review Committee shall review the petitions for zoning map amendments, including all supportive information on the date established by the adopted calendar of meeting and filing dates.

1.

Either the applicant or a representative of the applicant must be in attendance to present address any questions the Technical Review Committee may have.

2.

In reviewing the Conceptual Site Development Plan, the Technical Review Committee shall consider whether or not the proposed Conceptual Site Development Plan is consistent with the requirements of this Ordinance and the applicable adopted requirements of Clayton County.

3.

The Technical Review Committee may approve, deny, table, or forward the Conceptual Site Development Plan to the Zoning Advisory Group in accordance with Article 12, Technical Review Committee.

For all public hearings pertaining to zoning decisions as defined in O.C.G.A. § 36-66-3(4), the petitioner shall provide notice to the public consistent with the requirements of this section. Required public notice shall include the following:

A.

Notice Sign.

(1)

Public Hearing Sign(s) for Zoning Decisions. For zoning decisions as defined in O.C.G.A. § 36-66-3(4), the petitioner shall allow the Zoning Administrator to post a sign on the subject property, at least fifteen (15) but not more than forty-five (45) days prior to the public hearing, in a conspicuous place along every street frontage/public right-of-way of the property for which an application has been submitted. The sign(s) shall be a minimum of forty-eight (48) inches by forty-eight (48) inches and three (3) inch lettering and shall contain information as to the application and date, time and place of the public hearing.

(2)

Public Hearing Sign(s) for Hearings before Quasi-Judicial officers, boards, or agencies. For hearings before quasi-judicial officers, board, or agencies as defined in O.C.G.A. 36-66-3(1.1), the petitioner shall allow the Zoning Administrator to post a sign on the subject property, at least thirty (30) days prior to the date of the scheduled hearing, in a conspicuous place along every street frontage/public right-of-way of the property for which an application has been submitted. The sign(s) shall be a minimum of forty-eight (48) inches by forty-eight (48) inches and three (3) inch lettering and shall contain information as to the application and date, time and place of the scheduled hearing.

B.

Legal Notice. The Department of Community Development staff shall prepare a legal notice consistent with the requirements of State of Georgia in the local newspaper of general circulation specified by the Rules and Procedures of Clayton County. The legal notice shall appear in the newspaper no less than one (1) time at least fifteen (15) calendar days, but not more than forty-five (45) days prior to the date of the public hearing, Legal notices shall include each of the following:

1.

The general location of the subject property and a legal description of the land contained therein;

2.

The parcel identification number, street, or common address of the real estate;

3.

The current zoning classification and the proposed zoning classification;

4.

That the project plans are available for examination at the office of the Clayton County Department of Community Development;

5.

That a public hearing will be held giving the date, place, and hour of the hearing; and

6.

That written comments on the petition will be accepted prior to the public hearing and may be submitted to the Zoning Administrator.

If the notice does not run in the newspaper in conformance with these requirements, the application is void and cannot be considered at the public hearing as scheduled. The Zoning Administrator shall re-advertise for the next available public hearing date.

C.

Notice to Interested Parties. Written notice of the petition shall be distributed.

1.

The petitioner shall prepare and distribute written notice of the petition to all property owners as follows:

a.

Zoning Amendment: Written notice of the petition shall be distributed to all property owners within two (2) ownerships or three hundred (300) feet of the boundaries of the subject property, whichever is greater. Furthermore, at the time of submittal, the Zoning Administrator may provide the petitioner with listing of additional mailing addresses of property owners and/or organizations to adequately notify the community.

b.

Planned Unit Development: Written notice of the petition shall be distributed to all property owners within two (2) ownerships or five hundred (500) feet of the boundaries of the subject property, whichever is greater. Furthermore, at the time of submittal, the Zoning Administrator may provide the petitioner with listing of additional mailing addresses of property owners and/or organizations to adequately notify the community.

c.

Conditional Use: Written notice of the petition shall be distributed to all property owners within two (2) ownerships or three hundred (300) feet of the boundaries of the subject property, whichever is greater.

d.

Variance: Written notice of the petition shall be distributed to all property owners within two (2) ownerships or two hundred (200) feet of the boundaries of the subject property, whichever is greater.

e.

Additional Requests: The petitioner of any additional request(s) shall provide written notice of the petition to all adjoining property owners of the boundaries of the subject property.

f.

Mailed Notice: Pursuant to O.C.G.A. § 36-66-4(g), at least thirty (30) days prior to the required public hearing for variances, special administrative permits, special exceptions, conditional use permits, or other similar permits not enumerated as a zoning decision, the Zoning Administrator shall cause a notice of hearing to be mailed to the owner whose property or interest is the subject of such hearing, as applicable.

2.

The notice shall contain the same information as the legal notice which is published in the newspaper as outlined in Section 13.7(B).

3.

The distribution and cost of the notice shall be the responsibility of the petitioner.

4.

The petitioner shall obtain the names and mailing addresses of those to be notified from the Zoning Administrator. These names and mailing addresses will be provided directly from the Property Transfer Books and/or digital record files contained in the Clayton County Tax Assessor's Office. Only owners reflected on the records of the Tax Assessors as of the date of the application shall be entitled to notice. A copy of the names and addresses of these property owners that was provided to the petitioner shall be retained by the Zoning Administrator at the time the petition is filed.

5.

The notices shall be sent to each property owner at least one (1) time, and must be postmarked a minimum of at least fifteen (15) calendar days before the date of the public hearing. The mailing shall be sent via a letter by first class mail, with proof of mailing obtained from the Post Office. Proof of mailing means either a "Certificate of Mailing" or a "Certified Mail" receipt; a "Return Receipt" showing delivery is not required. No other form of mailing shall be acceptable.

6.

A copy of the materials provided to each property owner, a copy of all certified mailing receipts, and a signed and notarized Affidavit of Notice certifying the correctness of the mailing shall be provided to the Zoning Administrator a minimum of seven (7) business days prior to the date of the public hearing.

D.

Informational Meeting for Citizens. The Planning and Zoning Office, within the Department of Community Development, will host an informational meeting for citizens to understand the zoning process and to be aware of pending zoning requests within Clayton County. This meeting is held for the applicant and the Planning and Zoning Office to share information about proposed zoning requests to the community.

1.

The dates and time of the informational meetings shall be adopted by the Zoning Advisory Group on an annual basis and be noted concurrently with their regularly scheduled meeting dates.

2.

Site plans scheduled to be on the next Zoning Advisory Group's meeting agenda shall be displayed at the informational meeting for citizens.

3.

The Zoning Administrator and/or his/her designee(s) shall be present at the meeting to discuss the proposed petition and answer any questions from the community.

E.

County Exceptions. The provisions of Sections 13.7.A and 13.7.C shall not apply if the application is initiated by Clayton County and its Board of Commissioners.

F.

Public Notice for Hearings before Quasi-Judicial Officers, Boards, or Agencies. All applications before quasi-judicial officers, board, or agencies as defined in O.C.G.A. 36-66-3(1.1), shall require a public hearing preceded by publication of publish a public hearing notice within a newspaper of general circulation in Clayton County at least thirty (30) days prior to the date of the public hearing. Such notices shall include the application number, date, time, location, and purpose of the public hearing.

(Ord. No. 2023-213, §§ 3—6, 9-19-23)

[A.]

The Zoning Advisory Group will then, in a public hearing scheduled consistent with the adopted calendar of filing and meeting dates, review the rezoning application and required supporting information.

1.

Either the applicant or a representative of the applicant must be present at the public hearing to present the petition and address any questions the Zoning Advisory Group may have.

2.

The Zoning Advisory Group shall consider a report from the Zoning Administrator, testimony from the applicant, and testimony from the public and interested parties at the hearing.

3.

The presentation of reports and testimony and all other aspects of the public hearing shall be consistent with the requirements of the Rules and Procedures of the Zoning Advisory Group.

B.

Recommendation. The Zoning Advisory Group shall either forward the application to the Board of Commissioners with a favorable recommendation, an unfavorable recommendation, or table the request.

[1.

] The application shall be forwarded with a favorable recommendation if it is found to be consistent with the decision criteria listed below in Section 13.10 of this Article.

[2.

] The application shall be forwarded with an unfavorable recommendation if it is found to be inconsistent with the decision criteria listed below in Section 13.10. of this Article.

[3.

] The application shall be tabled if more information is needed for review, consistent with the adopted Rules and Procedures of the Zoning Advisory Group.

C.

Certification: The Zoning Advisory Group shall certify its recommendation by resolution to the Board of Commissioners. The Community Development staff shall forward to the Board of Commissioners appropriate copies of the Zoning Advisory Group resolution, the original application and all supporting information, any staff reports regarding the petition and zoning amendment for the Board of Commissioners consideration.

A.

The Board of Commissioners shall hold a public hearing, on the proposed amendment made pursuant to this Article, on the proposed zoning amendment within 60 calendar days of its certification by the Zoning Advisory Group. At the public hearing, the Board of Commissioners shall review the analysis submitted by the Zoning Administrator and the recommendation prepared by the Zoning Advisory Group. So that the purpose of this Ordinance will be served, 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 district or land use category requested, or add or delete conditions of the application. The Board of Commissioners 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 on neighboring property owners, or serve other lawful purposes of this ordinance. An action by the Board of Commissioners to defer 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 is required.

B.

In conjunction with the approval of a map amendment in accordance with this Article, the Board of Commissioners may impose conditions to zoning approval which shall have the full force and effect of law. A condition to zoning approval may be imposed regardless of whether it is agreed to by the applicant or property owner. Use or development of the rezoned property shall not be permitted unless the conditions are fully complied with.

C.

Conduct of the hearing.

1.

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

2.

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. Proposed zoning decisions shall be called in the order as designated upon the agenda.

3.

The Chairman 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 Board of Commissioners, in its discretion, allows the person to speak to the zoning decision, notwithstanding the failure of the person to sign up prior to the hearing.

4.

Each speaker shall be allowed three (3) minutes to address the Board of Commissioners concerning the zoning decision then under consideration, unless the Board of Commissioners, prior to or at the time of the reading of the proposed zoning decision, allows additional time in which to address the Board of Commissioners on said proposed zoning decision. The applicant or his representative 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. Provided, however, that the proponents and opponents of each amendment shall have no less than ten (10) minutes per side for presentation of data, evidence, and opinion thereon.

5.

Each speaker shall speak only to the merits of the proposed zoning decision under consideration and shall address his remarks only to the Board of Commissioners. 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 Board of Commissioners may limit or refuse a speaker the right to continue, if the speaker, after first being cautioned, continues to violate this subsection.

6.

Immediately following the presentations, the Chairman will announce that the portion of the Public Hearing is closed. At this point, input from the public is over and the Board of Commissioners will then review the public testimony, discuss the application for amendment, and render a decision. The Board of Commissioners will then move onto the next agenda item.

7.

The County Clerk will maintain a public record of the minutes of the Board of Commissioners meeting. The Department of Community Development will also maintain a complete record of the case for public review. These record include all modifications of the application and any conditions the Board has imposed.

8.

Nothing contained herein shall be construed as prohibiting the Board of Commissioners 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.

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.

A.

Proposed Zoning Conditions: The Board shall have the authority to impose zoning conditions on any rezoning application. Additionally, the petitioner in any rezoning application may suggest proposed zoning conditions relating to ameliorating the negative characteristics of the proposed future use of the subject property, or relating to the resolution of outstanding issues in existence on the subject property.

1.

Proposed conditions may be submitted by the petitioner as an element of the initial submittal of application materials, as a response to comments made through the Technical Review Committee, or in response to any modifications requested by the Zoning Advisory Group during the public hearing.

2.

The members of the Department of Community Development, the Zoning Advisory Group, or the Board of Commissioners may also suggest proposed zoning conditions.

3.

The Board of Commissioners shall consider all proposed zoning conditions in its review of the rezoning application. At the Board of Commissioners request, any deletion, addition, or alteration of the proposed zoning conditions may be referred back to the Zoning Advisory Group for consideration and inclusion in a revised or affirmed recommendation regarding the application.

4.

Final action on any rezoning application may include approval with or without zoning conditions, tabling for more information, denial or approval of a different zoning classification than initially proposed. Zoning conditions may also be modified. Zoning conditions should be in writing or clearly stated for the record, and should be kept with the minutes of the rezoning. The zoning map shall be annotated to indicate a conditional rezoning. Zoning conditions shall be recorded in the deed records to provide further notice.

5.

Any zoning conditions imposed shall be considered part of this zoning amendment binding on the subject property. Zoning conditions shall be binding on the owner of the subject property, any subsequent owners of the subject property, and any person or entity that acquires an interest in the subject property or portion thereof. Zoning conditions shall be enforceable by the Clayton County Department of Community Development and the Board of Commissioners consistent with the adopted provisions for the enforcement of any aspect of this zoning amendment.

6.

Zoning conditions may be modified only through the Zoning Amendment process described in this ordinance.

Appeals of the grant or denial of a rezoning decision shall be taken within thirty (30) days of the decision by filing an appeal in superior court, pursuant to the provisions in Title 5 of the Georgia Code. Such appeals shall be de novo. Said appeal shall also be governed by Article 15 of this Zoning Ordinance.

(Ord. No. 2023-213, § 7, 9-19-23)

The Zoning Administrator shall have the authority to approve minor changes to conditions attached to an approved zoning amendment. Minor changes are those that implement only slight alterations to the approved conditions, made necessary by actual field conditions at the time of development, that do not alter the impact of the development on nearby properties nor the intent or integrity of the conditions as originally imposed. Any request for minor change of conditions shall be made in written form to the Zoning Administrator. If an approved site plan exists, the request for minor change shall be accompanied by copies of the revised site plan. Any major change to conditions attached to an approved zoning amendment shall require an application and hearing before the Zoning Advisory Group and the Board of Commissioners as is required in this Ordinance for amendments to the official zoning map. Without limiting the meaning of the phrase, the following shall be deemed to constitute "major change" for purposes of interpreting this section:

1.

The movement of any building or structure adjacent to an exterior boundary line, closer to the boundary line of the property;

2.

Any increase in the number of dwelling units or any increase in the total amount of floor space of any nonresidential building;

3.

Any change in any buffer requirement(s) imposed in the original conditional zoning amendment;

4.

Any increase in the height of any building or structure; or

5.

Any change in the proportion of floor space devoted to different authorized uses.

An adversely affected party may appeal any decision by the Zoning Administrator to the Board of Zoning Appeals within thirty (30) calendar days of the determination. The Board of Zoning Appeals has the authority to establish rules governing the nature of proceedings and notice required to make a modification under this Article.

If the decision of the Board of Commissioners is to deny the land use amendment (rezoning of property) then the same property may not again be considered for a land use amendment until the expiration of at least one (1) year immediately following such denial.

At any time, the Board of Commissioners may initiate a land use petition on property which was previously rezoned. However, a six (6) month waiting period from the date of final Board action is required when a rezoning request was previously denied.

If a petition was previously denied, the owner must demonstrate that the proposed land Commissioners before it can be considered for reinitiation. A significant difference includes, but is not limited to a change in zoning district, use, density, height, buffers use petition is significantly different from the previous denial to the satisfaction of the Board of or other methods of screening, or other items which were discussed at a public hearing.

Upon the expiration of one (1) year from the date of approval for an amendment to the Official Zoning Map for which development has been abandoned (abandonment shall be deemed to have occurred when no, or minimal, improvements have been made), the Board of Commissioner may rezone the property to the previous zoning district or any other zoning classification with proper public notice and action as described by this Ordinance.

Upon abandonment of a development, the Zoning Administrator shall contact the property owner of the expiration of one (1) year. Prior to the public hearing, the owner may provide the Zoning Administrator with any documentation for consideration by the Board of Commissioners. If official documentation is provided, the Board of Commissioners shall pay reasonable consideration to the following occurrences:

1.

Substantial monetary value placed into the development of the land,

2.

A delay resulting from court action involving the property in question.

3.

Non-availability of utilities or facilities resulting from government inaction, and

4.

A delay in development resulting from receiving permitting and proper approval from a Federal of State Agency.

The following procedure applies to conditional use petitions:

A.

Application: The applicant or representative of the applicant shall submit a conditional use application, affidavit and consent of property owner (if the owner is someone other than the applicant), a deed for the property involved, the required filing fee, and required supportive information. Supportive information shall include, but not be limited to the following:

1.

A site plan drawn with a straight edge, signed, and dated, clearly shows the entire layout of the property and all features relevant to the conditional use request.

2.

A letter of intent to the Board of Commissioners describing the details of the conditional use request including but not limited to:

a.

The ways in which the conditional use shall comply with the applicable development standards of this Ordinance,

b.

The ways in which the conditional use shall be consistent with the decision criteria described by Section 13.10 of this Ordinance, and

c.

Any written commitments being made by the applicant.

3.

A letter from the Clayton County Board of Health indicating that the conditional use will make acceptable use of an existing or proposed septic system, or a letter from a public sewer provider stating that the proposed conditional use shall be served by its utility.

B.

Notification: Notification for the scheduled public hearing regarding the conditional use request shall be completed consistent with Article 13 of this ordinance.

C.

Technical Review: The Clayton County Technical Review Committee shall review the petitions for zoning map amendments, including all supportive information on the date established by the adopted calendar of meeting and filing dates.

1.

Either the applicant or a representative of the applicant shall be present during the review to answer questions regarding the application.

2.

In reviewing the Conceptual Site Development Plan, the Technical Review Committee shall consider whether or not the proposed Conceptual Site Development Plan is consistent with the requirements of this Ordinance and the applicable adopted requirements of Clayton County.

3.

The Technical Review Committee may approve, deny, table, or forward the Conceptual Site Development Plan to the Zoning Advisory Group in accordance with Section [12.2], Technical Review Committee.

D.

Zoning Advisory Group Hearing: The Zoning Advisory Group will, in a public hearing scheduled consistent with the adopted calendar of filing and meeting, review the conditional use application and required supportive information.

1.

Either the applicant or a representative of the applicant must be present at the public hearing to present the petition and address any questions the Zoning Advisory Group may have.

2.

The Zoning Advisory Group shall consider a report from the Zoning Administrator, testimony from the applicant, and testimony from the public and interested parties at the hearing.

3.

The presentation of reports and testimony and all other aspects of the public hearing shall be consistent with the requirements of the Rules and Procedures of the Zoning Advisory Group.

The Zoning Advisory Group shall either forward the application to the Board of Commissioners with a favorable recommendation, an unfavorable recommendation, or no recommendation, or table the request.

a.

The application shall be forwarded with a favorable recommendation if it is found to be consistent with the decision criteria listed above in Section 13.10.

b.

The application shall be forwarded with an unfavorable recommendation if it is found to be inconsistent with the decision criteria listed below in Section 13.10.

c.

The application may be forwarded with no recommendations if, by a majority vote of the Zoning Advisory Group, it is determined that the application includes aspects which the Zoning Advisory Group is not able to evaluate.

d.

The application shall be tabled if more information is needed for review, consistent with the adopted Rules and Procedures of the Zoning Advisory Group.

E.

Board of Commissioners Hearing. The Board of Commissioners shall hold a public hearing on the proposed conditional use application within sixty (60) calendar days of its certification by the Zoning Advisory Group. There shall be no cases or application therefore, nor any particular situation in which this Ordinance authorizes conditional uses without the approval of the Board of Commissioners. Further, no decisions on previous applications shall serve to set precedence for any other application before the Board of Commissioners.

1.

The Board of Commissioners shall provide notification of action on the conditional use application consistent with Georgia State Code.

2.

The Board of Commissioners may approve, deny, or table the conditional use application.

F.

Decision criteria. When considering a conditional use the Board of Commissioners may examine the following items as they relate to the proposed use:

1.

A proper application has been filed in accordance with the requirements of the Ordinance;

2.

A recommendation has been certified from the Zoning Advisory Group;

3.

The applicant is in compliance with the particular conditions for the proposed conditional use permit that are required by this Ordinance;

4.

The use is consistent with the purposes and intent of this Ordinance;

5.

Compliance with the decision criteria contained in Section 13.10 of this Ordinance; and

6.

The satisfaction that the benefits of and need for the proposed conditional use permit outweigh any possible harmful effects, negative impacts, or damages to the neighboring properties or the County in general.

In compliance with Federal law, if the conditional use is requested by a place of worship or church, in connection with the exercise of religion, the Zoning Advisory Group and the Board of Commissioners shall additionally consider whether the regulation imposes a substantial burden on the exercise of religion, whether the regulation serves a compelling governmental interest, whether the denial is the least restrictive means to serve that interest, or whether the conditional use can be granted without harming that interest.

Furthermore, if the conditional use is related to a Group Home for Persons with a Disability, the Board of Commissioners shall additionally consider what reasonable accommodations in this Ordinance can be made to provide persons with a disability equal opportunities to use and enjoy dwellings, while not abrogating the purposes of this Ordinance. Any reasonable accommodation should only relate to the disability.

G.

The Board of Commissioners may impose such reasonable conditions upon its approval as it deems necessary to protect the health, safety, and welfare of the public.

H.

Unless otherwise specified by the Board of Commissioners, conditional use approvals shall be limited to, and run with the land specified in the application. The Board of Commissioners may also limit conditional uses to a specific time period and for a specific use.

A.

Proposed Zoning Conditions: The Board shall have the authority to impose zoning conditions on any rezoning application. Additionally, the petitioner in any rezoning application may suggest proposed zoning conditions relating to ameliorating the negative characteristics of the proposed future use of the subject property, or relating to the resolution of outstanding issues in existence on the subject property.

1.

Proposed conditions may be submitted by the petitioner as an element of the initial submittal of application materials, as a response to comments made through the Technical Review Committee, or in response to any modifications requested by the Zoning Advisory Group during the public hearing.

2.

The members of the Department of Community Development, the Zoning Advisory Group, or the Board of Commissioners may also suggest proposed zoning conditions.

3.

The Board of Commissioners shall consider all proposed zoning conditions in its review of the rezoning application. At the Board of Commissioners request, any deletion, addition, or alteration of the proposed zoning conditions may be referred back to the Zoning Advisory Group for consideration and inclusion in a revised or affirmed recommendation regarding the application.

4.

Final action on any rezoning application may include approval with or without zoning conditions, tabling for more information, denial or approval of a different zoning classification than initially proposed. Zoning conditions may also be modified. Zoning conditions should be in writing or clearly stated for the record, and should be kept with the minutes of the rezoning. The zoning map shall be annotated to indicate a conditional rezoning. Zoning conditions shall be recorded in the deed records to provide further notice.

5.

Any zoning conditions imposed shall be considered part of this zoning amendment binding on the subject property. Zoning conditions shall be binding on the owner of the subject property, any subsequent owners of the subject property, and any person or entity that acquires an interest in the subject property or portion thereof. Zoning conditions shall be enforceable by the Clayton County Department of Community Development and the Board of Commissioners consistent with the adopted provisions for the enforcement of any aspect of this zoning amendment.

6.

Zoning conditions may be modified only through the Zoning Amendment process described in this ordinance.

Appeals of any decision to deny or grant a conditional use permit shall be filed within thirty (30) days by filing an appeal to superior court, pursuant to the provisions of Title 5 of the Georgia Code. Such appeal shall be de novo. Said appeal shall also be governed by Article 15 of this Zoning Ordinance.

(Ord. No. 2023-213, § 8, 9-19-23)

A.

If the Board of Commissioners grants a conditional use permit, it may direct the applicant to apply for a Soil Erosion and Sedimentation Control, Grading, 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 conditional use may be issued.

B.

The Board of Commissioners may cease the authorization of a conditional use permit with the proper public notice and action as described by this Ordinance 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 conditional use is granted. The conditional use shall also be terminated if the approved construction has not been completed and approved by the Zoning Administrator as being consistent with all conditions, the requirements of this Ordinance, and all applicable permits within two (2) years of the date the conditional use permit is granted.

If the decision of the Board of Commissioners is to deny the conditional use of property, then the same property may not again be considered for the same conditional use until the expiration of at least one (1) year immediately following such denial.

At any time, the Board of Commissioners may initiate a conditional use petition on property which was previously considered. However, a six (6) month waiting period from the date of final Board action is required when a conditional use permit request was previously denied.

If a petition was previously denied, the owner must demonstrate that the proposed conditional use permit petition is significantly different from the previous denial to the satisfaction of the Board of Commissioners before it can be considered for re-initiation.

The following procedure shall apply to all variance petitions:

A.

Application: The applicant or representative of the applicant shall submit a variance application, affidavit and consent of property owner (if the owner is someone other than the petitioner), a deed for the property involved, the required filing fee, and required supporting information. Supporting information shall include, but not be limited to the following:

1.

A site plan drawn with a straight edge, signed, and dated, clearly shows the entire layout of the property and all features relevant to the variance request.

2.

A letter of intent to the Board of Zoning Appeals describing the details of the variance being requested and stating how the request is consistent with the required findings of fact described by Section 10.8 of this Ordinance. The letter should include any written commitments being made by the petitioner.

3.

A letter from the Clayton County Board of Health, if applicable indicating that the variance will not negatively affect the operation of a septic system.

B.

Notification: Notification for the scheduled public hearing regarding the variance request shall be completed consistent with Article 13 of this Ordinance.

C.

Public Hearing: The Board of Zoning Appeals will then, in a public hearing scheduled consistent with the adopted calendar of filing and meeting dates, review the variance application and required supportive information.

1.

Either the applicant or a representative of the applicant must be present at the public hearing to present the application and address the required findings of fact.

2.

The Board of Zoning Appeals shall consider a report from the Zoning Administrator, testimony from the applicant, and testimony from the public and interested parties at the hearing.

3.

The presentation of reports and testimony and all other aspects of the public hearing shall be consistent with the requirements of the Rules and Procedures of the Board of Zoning Appeals.

4.

The Board of Zoning Appeals may approve, approve with conditions, deny, or table the petition.

a.

The application shall be approved if findings of fact are made consistent with the requirements of Section 10.8 of this Ordinance and Georgia State Code.

b.

The application shall be approved with modifications if the Board of Zoning Appeals determines that the required findings of fact may be made if certain conditions are applied to the application. The Board of Zoning Appeals may make reasonable conditions related to the required findings of fact part of its approval or accept written commitments from the applicant.

c.

The application shall be denied if findings of fact consistent with the requirements of Section 10.8 of this Ordinance and the Georgia State Code are not made. Applications which are denied shall not be eligible for consideration again by the Board of Zoning Appeals for a period of one (1) year from the date of denial.

d.

The application shall be tabled if more information is needed to review, consistent with the adopted Rules and Procedures of the Board of Zoning Appeals.

The following procedure shall apply to all appeals of administrative decisions;

A.

Application: The petitioner or representative to the applicant shall submit an administrative appeal application and required supportive information within 30 calendar days of the decision which is subject to appeal. Supportive information shall include, but not be limited to the following:

1.

Copies of all materials submitted to the County's staff member or administrative board upon which the decision being appealed was based.

2.

Copies of any written decisions which are the subject of the appeal.

3.

A letter describing the reasons for the appeal noting specific sections of this Ordinance, Georgia State Code, or other standard applicable to Clayton County upon which the appeal is based.

B.

Notification: Notification for the scheduled public hearing regarding the administrative appeal shall be completed consistent with Article 13 of this Ordinance.

C.

Public Hearing: The Board of Zoning Appeals will then, in a public hearing scheduled consistent with the adopted calendar of filing and meeting dates, review the administrative appeal application and supportive information.

1.

Either the applicant or a representative of the applicant must be present at the public hearing to present the appeal and address any questions from the Board of Zoning Appeals.

2.

The Board of Zoning Appeals shall consider a report from the Zoning Administrator, testimony from the applicant, and testimony from any interested parties at the hearing.

3.

The presentation of reports and testimony and all other aspects of the public hearing shall be consistent with the requirements of the Rules and Procedures of the Board of Zoning Appeals.

4.

The Board of Zoning Appeals may grant, grant with modifications, deny, or table the appeal.

a.

The appeal may be approved if findings of fact are made consistent with the requirements of Section 10.11 of this Ordinance and Georgia State Code.

b.

The appeal may be granted with modifications if the Board of Zoning Appeals determines that the proper interpretation of the provision(s) which are subject to the appeal is not being consistent with neither the administrative decision nor the requested interpretation of the applicant.

c.

The appeal may be denied if findings of fact are made supporting the administrative decision.

d.

The appeal may be tabled if more information is needed for review, consistent with the adopted Rules and Procedures of the Board of Zoning Appeals.