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Forsyth County Unincorporated
City Zoning Code

CHAPTER 4

- FORSYTH COUNTY PLANNING COMMISSION2

Footnotes:
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Cross reference— Administration, ch. 2; planning, ch. 58.


ARTICLE II. - POWERS AND DUTIES[3]


Footnotes:
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Editor's note— An amendment dated November 1, 2007, amended article II in its entirety to read as herein set out. Former article II, §§ 4-2.1—4-2.11, pertained to similar subject matter, and derived from Amd. F of 5-12-2003.


4-1.1. - Continued existence.

The Forsyth County Planning Commission established on July 5, 1966, shall continue in existence absent the membership and participation of the City of Cumming. The enactment of this Code shall in no way alter the composition of the present five representative county members of the planning commission nor disturb the duties and powers previously granted the planning commission.

4-1.2. - Jurisdiction.

The county planning commission shall exercise all those powers and duties as herein prescribed in this Code with respect to all unincorporated areas of Forsyth County.

4-2.1. - Comprehensive plan.

The planning commission shall prepare, review, and recommend a long-range comprehensive plan to guide the future development of Forsyth County.

(Amd. of 11-1-2007)

4-2.2. - Small area plans.

The planning commission may prepare, review, and recommend to the Forsyth County Board of Commissioners for its adoption small area development plans for identifiable areas wherein more detailed guidelines are provided to supplement the objectives of the comprehensive plan. The planning commission shall perfect and amend any existing small area plans.

(Amd. of 11-1-2007)

4-2.3. - Zoning.

The planning commission shall prepare and recommend for adoption to the governing authority of Forsyth County an official zoning map and zoning regulations for unincorporated Forsyth County and recommend perfection and amendment of such map.

(Amd. of 11-1-2007)

4-2.4. - Subdivision regulations.

The planning commission shall prepare and recommend for adoption to the board subdivision regulations for unincorporated Forsyth County and recommend perfection and amendment of such regulations.

(Amd. of 11-1-2007)

4-2.5. - Plats and maps.

The planning commission may prepare and recommend for adoption from time to time to the board a plat or plats, or an official map, showing the accurate location of the boundary lines of existing, proposed, extended, widened or narrowed streets, public open spaces, or public building sites, together with regulations to control the erection of buildings or other structures within such lines.

(Amd. of 11-1-2007)

4-2.6. - Information to officials.

The planning commission through the director of planning and community development may make, publish and distribute maps, plans and reports and recommendations relating to the planned development of Forsyth County to public officials and agencies, public utility companies, civic, educational, professional and other organizations, and citizens of the county as approved by the board.

(Amd. of 11-1-2007; Amd. of 12-1-2011)

4-2.7. - Public hearings and recommendations.

The planning commission is hereby delegated by the board of commissioners the responsibility for conducting public hearings on specific applications for an amendment to the official zoning map as required by Georgia Law. The planning commission is also authorized to conduct and shall conduct public hearings on applications for conditional use permits. The planning commission may make recommendations to the board regarding amendments to the comprehensive plan, the text of this Code, and the official zoning map, and applications for conditional use permits. In the case of specific applications, the planning commission may make findings and recommendations regarding amendments to the official zoning map, conditional use permits, and other applications as may be required to be considered by the planning commission pursuant to this Code. The planning commission may recommend to the board programs for public improvements and the financing thereof.

(Amd. of 11-1-2007; Amd. of 4-5-2012)

4-2.8. - Variances.

The planning commission is hereby authorized to consider and make recommendations regarding variances, as defined by this Code, subject to the limitations and requirements of chapter 8 of this Code.

(Amd. of 11-1-2007)

4-2.9. - Minutes and public records.

The planning commission, through its appointed secretary or by the department of planning and community development, shall keep minutes of its proceedings. written minutes of the planning commission's meetings and public hearings shall be prepared by or for the planning commission and approved by the planning commission. All minutes of the planning commission's meetings and public hearings shall be maintained as public records in the department of planning and community development and available for public inspection during normal business hours.

(Amd. of 11-1-2007; Amd. of 12-1-2011)

4-2.10. - Additional powers.

The planning commission shall exercise any other powers or duties as provided to it by law not otherwise delegated to the planning and community department by this Code.

(Amd. of 11-1-2007; Amd. of 12-1-2011)

4-3.1. - Appointment.

The Forsyth County Board of Commissioners by majority vote shall appoint each county planning commission member. Each member of the board of commissioners shall make a recommendation to the board of commissioners and the person recommended by the district commissioner should reside within the district of the commissioner making such recommendation.

4-3.2. - Terms.

The term of the membership on the county planning commission shall be for each member, four years running concurrent with the term of the district commissioner who recommended such member for approval to the board and for whose district the planning commission member represents pursuant to section 4-3.1 above, plus an additional 90-day period or until (if occurring earlier than the termination of such 90-day period): i) reappointment by such member of the board of commissioners, or his successor, for another term; or ii) appointment of a successor planning commission member by such member of the board of commissioners, or his successor. Planning commission members serving on the planning commission as of April 1, 2010 shall also be bound by these term requirements, and their respective terms shall run concurrent with the term of the member, or successor to the former member, of the board of commissioners who recommended such planning commission member for their current term as of April 1, 2010.

(Amd. of 7-1-2010)

4-3.3. - Number.

The county planning commission shall be composed of five members. No member of the Forsyth County Board of Commissioners may simultaneously serve on the county planning commission.

4-3.4. - Officers.

The planning commission shall elect a chairman from among its members at least every two years. The planning commission may appoint a secretary, or in lieu of such appointment, the director of planning and community development shall serve as the secretary.

(Amd. of 12-1-2011)

4-3.5. - Dismissal.

The Forsyth County Board of Commissioners may by majority vote remove any member of the county planning commission for cause upon proper notice and hearing.