The provisions of the "Land Use Public Hearing Policies and Procedures Ordinance of Banks County," as amended from time to time (the "Policies and Procedures Ordinance"), shall be applicable to each of the following matters arising under these regulations:

(a)

The adoption of any amendment to or restatement of these regulations which changes the text of these regulations;

(b)

The adoption of any amendment to these regulations which rezones property from one zoning district to another;

(c)

The issuance of any conditional use permit under these regulations;

(d)

The grant of any variance under these regulations;

(e)

Any other action relating to these regulations requiring a public hearing pursuant to the State of Georgia Zoning Procedures Law, O.C.G.A. 36-66-1 et seq., enacted by Georgia Laws 1985, page 1139, as amended from time to time; and

(f)

All applications, petitions, notices, public hearings, proceedings and other matters relating to any, of the foregoing, to the extent covered by the policies and procedures ordinance.

All proposals to amend or restate the text of all of any part of these regulations shall be initiated as provided in section 5.01 of the policies and procedures ordinance, and shall be considered in accordance with the provisions of the policies and procedures ordinance.

1103.1 Applications (i) for an amendment of the official zoning map to rezone any parcel of property from one zoning district to another, (ii) for a conditional use permit to allow a conditional use in any zoning district or (iii) for a variance from the provisions of these regulations may be made only by the governing body, the planning commission or the property owner of the parcel to be considered. All such applications shall be initiated as provided in section 5.02 of the policies and procedures ordinance, and shall be considered in accordance with the provisions of the policies and procedures ordinance.

1103.2 The following application materials shall be filed in connection with applications described in section 1103.1 above:

(a)

An application form furnished by the zoning administrative officer.

(b)

A legal description of the property to be considered in the application. The legal description shall be by metes and bounds unless an alternative legal description is accepted by the zoning administrative officer. Boundary surveys of the property should be submitted with the application whenever available.

(c)

A letter of intent which describes general characteristics of the proposed development such as type and time frame of development, background information in support of such application, and any other information deemed pertinent by the applicant or the zoning administrative officer.

(d)

A site plan meeting the requirements of these regulations.

(e)

A fee for said application as established by the governing body from time to time.

(f)

Disclosures of any conflicts of interest as specified in O.C.G.A. § 36-67A-1 et seq., "Conflicts of Interest in Zoning Actions."

1103.3 All site plans required by these regulations shall, at a minimum, contain the following information:

(a)

Title of the proposed development and the name, address and telephone number of the property owner.

(b)

The name, address and telephone number of the architect, engineer or other designer of the proposed development.

(c)

Scale, date, north arrow, and general location map showing relationship of the site to street or natural landmarks.

(d)

Boundaries of the subject property, all existing and proposed streets, including right-of-way and street pavement widths, buildings, water courses, parking and loading areas, and other physical characteristics of the property and the proposed development.

The applicant, zoning administrative officer, planning commission and governing body should review an application for a zoning map amendment with regard to the following criteria:

(a)

The existing uses and zoning of nearby property and whether the proposed zoning will adversely affect the existing use or usability of nearby property.

(b)

The extent to which property values are diminished by the particular zoning restrictions.

(c)

The extent to which the destruction of property values promotes the health, safety, morals or general welfare of the public.

(d)

The relative gain to the public, as compared to the hardship imposed upon the individual property owner.

(e)

The physical suitability of the subject property for development as presently zoned and under the proposed zoning district.

(f)

The length of time the property has been vacant, considered in the context of land development in the area in the vicinity of the property, and whether there are existing or changed conditions affecting the use and development of the property which give supporting grounds for either approval or disapproval of the rezoning request.

(g)

The extent to which the proposed zoning will result in a use which will or could cause excessive or burdensome use of existing streets, transportation facilities, utilities, schools, parks, or other public facilities.

(h)

Whether the proposed zoning will create risk of adverse environmental effects to the community, including, without limitation, air pollution, surface water contamination or groundwater contamination.

(i)

Whether the proposal will create risks that uses with nuisance characteristics will occur.

(j)

Whether the proposed zoning will adversely affect property values of others.

(k)

Whether the zoning proposal is in conformity with the policy and intent of the comprehensive plan, land use plan, or other adopted plans. The zoning administrative officer, planning commission, and governing body are authorized to require such special studies relating to the above factors as they reasonably deem relevant, including without limitation, for such matters as noise, air particulate matter, odor, surface or groundwater contamination, radiation, or other environmental or nuisance considerations. The governing body may approve the application for rezoning provided that it has determined that under the criteria set out above the rezoning is appropriate and has determined that the benefits of and need for the rezoning are greater than any possible depreciating effects and damages to neighboring properties or other parts of the county.

A.

The conditional use permit is designed to be used when:

1.

A conditional use listed under the zoning district is desired for development and a more intensive zoning district which contains that use as a use by right would not be appropriate for the property; or

2.

The density of development may be affected by the height of a building; or

3.

The neighboring properties may be affected by the height of any structure; and

4.

The conditional use would be consistent with the needs of the neighborhood or the community as a whole, be compatible with the neighborhood and would not be in conflict with the overall objective of the Banks County Comprehensive Plan.

B.

In order to accommodate these conditional uses, the conditional use permit allows the board of commissioners to approve a conditional use on a particular parcel without changing the general zoning district. Such approval shall be subject to the requirements set forth above and any additional conditions deemed necessary to ensure the compatibility of the conditional use with the surrounding properties.

C.

All conditional use permit applications shall be for firm development proposals only. The conditional use permit shall not be used for securing early zoning for conceptual proposals which may not be undertaken for some time.

D.

A conditional use permit application shall be considered only if it is made by the owner of the property or his/her designated agent.

E.

An application for a conditional use permit shall follow the same procedures as set forth in the Banks County Zoning Ordinance for an application for rezoning (i.e., application filed with Banks County Planning Department, public hearing after advertisement before the Banks County Planning Commission, recommendation by the Banks County Planning Commission to the Banks County Board of Commissioners, public hearing after advertisement before the Board of Commissioners of Banks County and approval or denial by the Board of Commissioners of Banks County).

F.

The minimum requirements for a conditional use permit are:

1.

Any uses permitted under a conditional use permit shall also conform to the requirements of this ordinance and the development regulations for the use as found in the zoning district.

2.

The application and review process for a conditional use permit shall be the same as for the zoning district under which the conditional use is found. In addition to the information and/or site plans which are required to be submitted for the proposed development, additional information deemed necessary by the Banks County Planning Department in order to evaluate a proposed use and its relationship to the surrounding area shall be submitted. In the review process, particular emphasis shall be given to the evaluation of the characteristics of the proposed use in relationship to its immediate neighborhood and the compatibility of the proposed use with its neighborhood. In the approval process for a conditional use permit application, the board of commissioners shall consider the policies and objectives of the Banks County Comprehensive Plan, particularly in relationship to the proposed site and surrounding area, and shall consider the potential adverse impacts on the surrounding area, especially in regards but not limited to traffic, storm drainage, land values and compatibility of land use activities.

4.

If an application is approved and a conditional use permit is granted, all conditions which may have been attached to the approval are binding on the property. All subsequent development and use of the property shall be in accordance with the approved plan and conditions.

5.

Changes to a conditional use, or development of a site for the conditional use, shall be treated as an amendment to the conditional use permit and shall be subject to the same application and review process as a new application.

6.

The conditional use for which a conditional use permit is granted shall commence operations or construction within 12 months of the date of approval by the board of commissioners. If the use for which the conditional use permit was issued is discontinued for nine continuous months, the conditional use permit shall terminate.

7.

An application for a conditional use permit in a residential district and which use is proposed to operate in a dwelling or as an accessory use to a dwelling is subject to the following additional requirements:

a.

The conditional use permit shall be valid for no more than a two-year period. Upon or before the expiration of a conditional use permit, the owner shall make application to continue the conditional use permit if continuance is desired. However, after the first two-year period, the board of commissioners may waive the two-year time limitation with the concurrence of the Banks County Planning Commission.

b.

The conditional use shall operate within the dwelling on the property or, if approved by the board of commissioners, in an accessory structure.

c.

The exterior character of the dwelling shall be preserved in its residential state and there shall be no outside evidence of the operation of the conditional use to the neighborhood, except for any accessory structure approved by the board of commissioners.

d.

The owner of the property shall occupy the property and shall operate any business associated with the conditional use.. The owner of the property shall submit with the application a signed statement in which he/she agrees that the conditional use permit, if approved, shall automatically terminate in the event that the property is sold, transferred, or otherwise conveyed to any other party, or the business which operates the conditional use is sold, transferred, otherwise conveyed or discontinued. The owner shall also agree to notify the director in writing upon the occurrence of any of these events.

e.

In addition to the information and/or site plans required by this section, the owner of the property shall submit with the application for a conditional use permit information regarding the ownership of any business associated with the use, the experience and background qualifications related to the operation of said business, prior similar businesses operated, applicable State of Georgia certifications, licenses and like information.

f.

If conditional use shall operate within the dwelling on the property or, if approved by the board of commissioners, in an accessory structure on the property where a dwelling is located the conditional use permit is non-transferable and not assignable and shall terminate if the owner of the property where the conditional use is operating sells the property.

8.

The owner of the property approved for a conditional use permit may voluntarily request termination of the conditional use permit by notifying the Banks County Planning Department in writing. The Banks County Planning Department shall notify the board of commissioners through the planning commission of the voluntary termination as they occur and shall change the official zoning maps to reflect any voluntary termination. The approval of a conditional use permit for a specific use which may be operated by a lessee under a private agreement with a lessor in any non-residential district shall not obligate the board of commissioners to be responsible for or be required to resolve any disputes which may arise out of the voluntary termination of the conditional use permit by the property owner.

9.

Upon approval by the board of commissioners, a conditional use permit shall be identified on the official zoning maps.

10.

Upon approval by the board of commissioners of a conditional use permit, the owner of the property shall be issued a notice from the Banks County Planning Department which states the specific use permitted, the requirements of this section and any conditions attached to the approval.

11.

The Banks County Planning Department shall not issue a certificate of occupancy for the specific use unless all requirements and conditions of the conditional use permit have been fulfilled by the owner of the property.

G.

The applicant, zoning administrative officer, planning commission and governing authority will review applications for conditional uses with regard to the following criteria:

1.

Whether off-street parking and loading facilities are adequate in terms of location, amount and design to serve the proposed use.

2.

Whether the number, size and type of signs proposed are compatible with the surrounding area.

3.

Whether the proposed use will have compatibility with existing uses of adjacent land and the surrounding area and will not cause or create or be likely to cause or create, adverse effects upon the existing or future development of either the area or the rest of the county.

4.

Whether ingress and egress to the property is suitable and safe and the effect of the proposed activity on traffic flow along adjoining streets is not adverse.

5.

Whether the location and intensity of outdoor lighting is such that it does not case light on adjacent, adjoining or neighboring properties.

6.

Whether hours and manner of operation of the proposed use are inconsistent with adjacent and nearby uses.

7.

Whether existing public facilities and utilities are capable of adequately serving the proposed use.

8.

Whether the proposed use will have a significant adverse effect on the level of property values or the general character of land uses in the surrounding area or the county.

9.

Whether the physical conditions of the site, including size, shape, topography and drainage, are suitable for the proposed development.

10.

The existing uses and zoning of nearby property and whether the proposed use will adversely affect the existing use or usability of nearby property.

11.

The extent to which property values of the applicant are diminished by the inability to take advantage of the potential use.

12.

The extent to which the destruction of property values of the applicant promotes the health, safety, morals or general welfare of the public.

13.

The relative gain to the public, as compared, to the hardship imposed upon the individual property owner.

14.

The physical suitability of the subject property for development for other possible uses in the zoning district.

15.

The length of time the property has been vacant, considered in the context of land development in the area in the vicinity of the property, and whether there are existing or changed conditions affecting the use and development of the property which give supporting grounds for either approval or disapproval of the conditional use.

16.

The extent to which the proposed use will or could cause excessive or burdensome use of existing streets, transportation facilities, utilities, schools, parks, or other public facilities.

17.

Whether the proposed use will create risks of adverse environmental effects to the community including, without limitation, air pollution, surface water contamination or ground water contamination.

18.

Whether the proposed use has nuisance characteristics.

19.

Whether the proposed use is in conformity with the policy and intent of the comprehensive plan, land use plan, or other adopted plans. The zoning administrative officer, planning commission, and governing body are authorized to require such special studies relating to the above factors as they reasonably deem relevant including without limitation, for such matters as noise, air particulate matter, odor, surface or ground water contamination, radiation or other environmental or nuisance considerations, for conditional use applications. The governing body may approve the issuance of a conditional use permit provided that it has determined that under the criteria set out above the use is appropriate and has determined that the benefits of and need for the proposed use are greater than any possible depreciating effects and damages to neighboring properties or other parts of the county.

(Res. No. 2003-08, § 1, 3-11-2003; Ord. No. 2006-18, § 1, 5-9-2006; Res. No. 2013-24, § 2(Exh. A), 12-10-2013)

The applicant, zoning administrative officer, planning commission and governing body should review applications for variances with regard to the criteria set out in section 416 of these regulations.

After the procedures called for under the policies and procedures ordinance have been completed, the governing body may take action to approve or deny the request or take any other action permitted by the policies and procedures ordinance or consented to by the applicant.

The zoning administrative officer and planning commission may recommend, and the governing body may approve, applications for zoning map amendments, conditional use permits, variances and other applications under these regulations subject to certain conditions, provided that the conditions are set forth in the ordinance relating to the approval of the application. The conditions of approval may reduce the number or type of allowed uses, limit the nature or scope of allowed uses, restrict certain activities on the property, restrict the number and kind of improvements which may be made on the property, stipulate specific acts which the property owner will perform, or mandate any other conditions related to the physical use of land and which are designed to render the proposed zoning or use appropriate when considered in light of the criteria set out in these regulations.