8.01.01   Established

The Gordon County Planning Commission, herein referred to as the Planning Commission, is hereby established to be organized and empowered as provided herein.

8.01.02   Membership

A.

The Gordon County Planning Commission shall consist of five (5) members, all of whom shall be residents of Gordon County, Georgia. All members shall be appointed by the Board of Commissioners of the County.

B.

The terms of the members shall be for four (4) years. Said members shall be allowed to succeed themselves at the discretion of the Board of Commissioners.

C.

The Board of Commissioners shall have the authority to remove any member for cause, on written charges, after a public hearing.

D.

All members shall be compensated on a monthly basis an amount to be determined annually by the Board of Commissioners. Members shall also be compensated mileage and miscellaneous expenses as established in Chapter 2, Article III of the Code of Ordinances of Gordon County relating to travel.

(Res. of 12-20-11)

8.01.03   Quorum

A quorum of the Planning Commission shall consist of three (3) voting members. Any official decision of the Planning Commission provided herein shall require a quorum.

8.01.04   Officers

A.

The Gordon County Planning Commission shall elect its chairman from among its members. The term of chairman shall be one (1) year with eligibility for reelection.

B.

The Planning Commission shall also elect a vice-chairperson from among its members. The term for the vice-chairperson shall be one (1) year with eligibility of re-election. The vice-chairperson shall serve as chair in absence of the chairperson.

C.

The Planning Commission shall appoint a secretary who may be an officer or employee of the County. The secretary shall be compensated on a monthly basis an amount to be determined annually by the Board of Commissioners. The secretary shall also be compensated mileage and miscellaneous expenses as established in Chapter 2, Article III of the Code of Ordinances of Gordon County relating to travel.

(Res. of 12-20-11)

8.01.05   Meetings, Rules and Procedures, and Records

A.

The Planning Commission shall make its own By-Laws and Rules of Procedure.

B.

The Planning Commission shall set a regular monthly meeting time. All meetings of the Planning Commission at which official action is taken shall be open to the public, and all records of the Planning Commission shall be public records.

C.

The Planning Commission shall appoint such employees and staff as it may deem necessary for its work.

D.

The expenditures of the Planning Commission, exclusive of gifts, shall be within the amounts appropriated for the purpose by the governing authority of the County.

8.01.06   Duties and Responsibilities

A.

The Planning Commission shall function in an advisory capacity to the Board of Commissioners.

B.

Subject to the direction, control and instructions of the Board of Commissioners the Planning Commission shall conduct surveys and studies of existing conditions and probable future developments and shall develop plans for physical, social and economic growth which will best promote the public health, safety, morals, convenience, prosperity, general welfare, efficiency and economy in the development of Gordon County.

C.

Subject to the direction, control, and instructions of the Board of Commissioners the Planning Commission shall:

1.

Develop and submit recommendations relative to amendments to or revisions of this ULDC, including zoning ordinances, zoning maps and regulations for the subdivision of land within the boundaries of Gordon County;

2.

Review proposed amendments to or revisions of the zoning ordinances and zoning maps which shall be submitted by others, make findings with respect thereto, and make recommendations to the Board of Commissioners with respect to the adoption, rejection, modification or conditional adoption of each such proposed amendment or revision; and

3.

Perform such additional functions and services for and on behalf of the Board of Commissioners as authorized or directed from time to time.

8.01.07   Indemnification and Defense of Members

A.

All present and future members of the Gordon County Planning Commission shall be defended by the County, by the counsel of its choice, against any civil action arising out of the performance of any member's duties as a member of the Planning Commission except that no such defense shall be furnished to any member charged with a criminal offense involving theft, embezzlement or other like crime with respect to the property or money of or in which the County has an interest.

B.

The County shall pay all of any judgment rendered against any member of the Planning Commission after defense of any civil action by the County except for a judgment rendered in any civil claim or judgment where the member of the Planning Commission acted in an intentionally reckless or harmful manner and beyond the scope of said member's authority in creating the cause of action for which the civil claim was instituted.

8.03.01   Established

The Gordon County Board of Zoning Appeals, herein referred to as the Board of Zoning Appeals or BZA, is hereby established. Such board shall be consist of the five (5) members of the Planning Commission and shall serve under the guidelines as established in Section 8.01.00 above.

8.03.02   Meetings, Rules and Procedures, and Records

A.

The Board of Zoning Appeals shall elect a chairman and a vice-chairman from its members who shall serve for one (1) year or until reelected or until their successors are elected. This board shall appoint a secretary, who may be a County officer, an employee of the County, or a member of the BZA. The Board of Zoning Appeals shall adopt rules and bylaws in accordance with the provisions of this chapter and of the Zoning Procedures Law, O.C.G.A. Title 36, Chapter 66.

B.

Meetings of this board shall be held at the call of the chairman and at such other times as the board may determine. No action may be taken without the approval of a quorum of the BZA. A quorum shall consist of three (3) members of the Board of Zoning Appeals. The chairman or, in his absence, the vice chairman, may administer oaths and compel the attendance of witnesses by subpoena.

C.

The Board of Zoning Appeals shall keep minutes of its proceedings, showing the vote of each member upon each question or, if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions, all of which shall be immediately filed in the Department of Planning and Development and shall be a public record.

D.

All meetings of the BZA shall be open to the public and shall comply with O.C.G.A. § 50-14-1, et seq.

8.03.03   Administrative Procedures

A.

The procedures and duties of the BZA are established in Chapter 10.

B.

The BZA shall have responsibility for final decision on the following types of applications:

1.

Appeals of administrative decisions; and

2.

Variances.

C.

The County Administrator shall provide such technical, administrative, and clerical assistance and office or meeting space as is required by the BZA to carry out its function under the provisions of these regulations.

(Res. of 12-20-11)