The Board of Commissioners may from time to time amend the boundaries of the districts established on the Official Zoning Map of Greene County and/or the text set forth in this Ordinance.

Any proposed amendment to the boundaries of the districts shall first be submitted to Planning and Zoning Commission for its recommendation. The Planning and Zoning Commission has thirty (30) days following the public hearing within which to submit its report. If the Planning Commission fails to submit a report within the thirty (30) day period, it is deemed to have recommended approval of the proposed amendments.

(Ord. of 12-8-2020, § 1(Exh. A))

An application for amendment to the Official Zoning Map must be filed with the Zoning Administrator at least thirty (30) days prior the Planning and Zoning Commission meeting at which the request will be heard. The Board of Commissioners, a property owner, or the authorized agent of a property owner may initiate an application to amend the official zoning map (rezone property). When an agent is authorized to act on behalf of an owner, such certificate of authorization shall be notarized on the application. An application for amendment, other than applications submitted by the Board of Commissioners, must contain the following information:

13.2.1 Eight (8) copies of a survey of the property prepared by a licensed surveyor showing existing and proposed structures and uses, access drives, easements, utilities, buffers, existing zoning, and any other supporting documentation required by the Zoning Administrator to assist the Board of Commissioners in rendering a decision, including concept plans;

13.2.2 A list of adjoining property owners as shown on the tax rolls;

13.2.3 Any additional information the application or the Zoning Administrator believes to be pertinent.

13.2.4 Additionally, the applicant, if other than the Board of Commissioners, must pay the required application fee to cover the administrative and adverting costs of the application and sign a statement certifying he/she has at least a fifty-one percent (51%) ownership interest in the property.

13.2.5 Incomplete applications will not be processed.

13.2.6 The Zoning Administrator shall present the application and all its supporting documents, along with a written analysis of the requested zoning's impact, to the Planning and Zoning Commission prior to the public hearing on the application. The written analysis shall show that the Zoning Administrator has considered the proposed change in relation to the following, where applicable:

13.2.6.1 What is the existing land use pattern in the area?

13.2.6.2 Would approval create an isolated district designation unrelated to adjacent and nearby district designations?

13.2.6.3 Would approval significantly increase or possibly overtax available infrastructure including, but not limited to schools, streets, and public safety services?

13.2.6.4 Are the existing boundaries illogically drawn in relation to existing conditions on the property proposed for change?

13.2.6.5 Would changed or changing conditions make the passage of the proposed amendment necessary?

13.2.6.6 Will the proposed change adversely influence living conditions in the neighborhood?

13.2.6.7 Will the proposed change create or excessively increase traffic congestion or otherwise affect public safety?

13.2.6.8 Will the proposed change seriously reduce light and air to adjacent areas?

13.2.6.9 Will the proposed change adversely affect property values in the adjacent area?

13.2.6.10 Will the proposed change be a deterrent to the improvement or development adjacent property in accordance with existing regulations?

13.2.6.11 Will the proposed change constitute a grant of special privilege to an individual owner as contrasted with the public welfare?

13.2.6.12 Are the substantial reasons why the property cannot be used in accordance with its existing zoning?

13.2.6.13 Is the proposed change out of scale with the needs of the neighborhood or the county?

13.2.6.14 To what extent is the proposed change consistent with the county's Comprehensive Plan?

13.2.6.15 What other factors, if any, should be considered in balancing the interest in promoting the public health, safety morality or general welfare against the right to unrestricted use of the property?

(Ord. of 12-8-2020, § 1(Exh. A))

13.3.1 Public hearing required. Before enacting an amendment to the Official Zoning Map, one (1) public hearing must be held. The public hearing shall be held by the Planning and Zoning Commission unless the application was filed by the Board of Commissioners, in which case, the Board of Commissioners shall conduct the public hearing without a recommendation from the Planning and Zoning Commission, applying the same procedures and notice requirements required for public hearings conducted by the Planning and Zoning Commission.

13.3.2 Applicant notification. The Zoning Administrator must notify the applicant of the date, time, and place of the required public hearing.

13.3.3 Publication of notice. Not less than fifteen (15) days, and not more than forty-five (45) days prior to the date of the public hearing, the Zoning Administrator shall advertise the date, time, place and purpose of the public hearing in a newspaper of general circulation in Greene County. The notice shall also include the location of the property, the present zoning classification of the property, and the proposed zoning of the property.

13.3.4 Sign. In addition to the newspaper notice, the Zoning Administrator shall cause to have posted at least one (1) sign in a conspicuous place on the lot or parcel to be rezoned. The sign shall be posted not less than fifteen (15) days prior to the Planning and Zoning Commission public hearing. The sign shall include the application number, the present zoning classification of the property, and the proposed zoning classification of the property.

13.3.5 Reserved.

13.3.6 Planning and zoning commission action. A public hearing before the Planning and Zoning Commission is scheduled by the Zoning Administrator. The Planning and Zoning Commission may recommend that the application be granted as requested, or it may recommend a modification of the zoning amendment requested in the application, or it may recommend that the application not be granted. The Planning and Zoning Commission must transmit its recommendation to the Board of Commissioners within thirty (30) days. If the Planning and Zoning Commission fails to submit its recommendations within the thirty (30) day period, it is deemed to have recommended approval of the proposed amendment.

The Planning and Zoning Commission must investigate each application and make its recommendations(s) to the Board of Commissioners. The Planning and Zoning Commission shall forward a report to the Board of Commissioners. The report shall include the Planning and Zoning Commission's recommendation and a summary of the testimony presented at the public hearing on the application. Such report and recommendations(s) shall become part of the official public record relating to the application.

13.3.6.1 Withdrawal. If an application is withdrawn in writing by the applicant at any time after the publication of the newspaper notice and posting of the required sign, but prior to the public hearing, then no application for action on the same property may be considered by the Planning and Zoning Commission until the expiration of at least sixty (60) days immediately following the withdrawal of the rezoning application. The withdrawal must be in writing and signed by the applicant.

The application will be considered to have been withdrawn if the applicant, his/her authorized agent or his/her attorney fails to appear at the Planning and Zoning Commission hearing. By withdrawing in this manner, no application for action on the same property may be considered by the Planning Commission until the expiration of at least sixty (60) days from the date of the scheduled public hearing for which the applicant failed to appear.

13.3.7 Board of commissioners action. The Board of Commissioners shall review the record and recommendation prepared by the Planning and Zoning Commission and issue its findings within 60 days of the first regularly scheduled meeting following the Planning Commission meeting in which the Planning and Zoning Commission made the recommendation. The Board of Commissioners may return the application to the planning commission or the department, or both, for further study or it may approve the application. In addition, the board may approve the application with conditions or it may deny the application. Further, the board may, in acting on said application, reduce the land area for which the application is made, change the zoning district to a district that is no more intense than the one requested by the applicant, add or delete conditions or specifications of the application, or allow the application to be withdrawn with or without prejudice. All actions of the Board of Commissioners shall be deemed to be effective as of the date of the action.

13.3.7.1 Denial. If the Official Zoning Map amendment is denied by the Board of Commissioners, then the same property may no application for rezoning of the same property shall be accepted until the expiration of at least one (1) year immediately following the denial of the rezoning by the Board of Commissioners.

13.3.7.2 Notice. The Zoning Administrator shall notify the applicant of any action (including tabling of action) taken by the Board of Commissioners. All actions of the Board of Commissioners shall be deemed to be effective as of the date of the action.

13.3.8 Zoning amendment criteria. In the recommendation on and adoption of an amendment to the Official Zoning Map, the Planning Commission and Board of Commissioners shall consider factors relevant in balancing the interest in promoting the public health, safety, morals or general welfare against the right of the individual to the unrestricted use of property and must specifically consider the following factors as they may be relevant to the application:

13.3.8.1 The existing land use pattern;

13.3.8.2 The possible creation of an isolated district unrelated to adjacent and nearby districts;

13.3.8.3 The population density pattern and possible increase or over-taxing of the load on public facilities including, but not limited to, schools, utilities, and streets;

13.3.8.4 The cost to the County and other governmental entities in providing, improving, increasing or maintaining public utilities, schools, streets and other public safety measures;

13.3.8.5 The possible impact on the environment, including, but not limited to, drainage, soil erosion and sedimentation, flooding, air quality and water quality;

13.3.8.6 Whether the proposed zoning map amendment will be a deterrent to the value or improvement or development of adjacent property in accordance with existing regulations;

13.3.8.7 Whether there are substantial reasons why the property cannot be used in accordance with existing regulations;

13.3.8.8 The aesthetic effect of existing and future use of the property as it relates to the surrounding area;

13.3.8.9 The extent to which the proposed zoning map amendment is consistent with the comprehensive plan;

13.3.8.10 The possible effect of the proposed zoning map amendment on the character of a zoning district, a particular piece of property, neighborhood, a particular area, or the community;

13.3.8.11 The relation that the proposed zoning map amendment bears to the purpose of the overall zoning scheme, with due consideration given to whether or not the proposed change will help carry out the purposes of these zoning regulations;

The consideration of the preservation of the integrity of residential neighborhoods shall be considered to carry great weight;

In those instances in which property fronts on a major thoroughfare and also adjoins an established residential neighborhood, the factor of preservation of the residential area shall be considered to carry great weight.

After hearing evidence at the hearing on an application for amendment of the Official Zoning Map, the Planning and Zoning Commission shall apply the evidence to the zoning amendment criteria in making their recommendation.

13.3.9 Procedure for conducting a public hearing for a zoning map amendment and applications filed under article XI. All public hearings held pursuant to this ordinance shall be conducted as follows:

13.3.9.1 The presiding officer shall allow the Zoning Administrator to present an overview of the application. Following this presentation, the applicant or the applicant agent or attorney shall be allowed to present the applicant's case and then shall be afforded an opportunity, prior to the closing of the public hearing, to answer questions and respond to objections of others in attendance. There is a minimum of ten (10) minutes for presentation of data, evidence, and opinion by proponents of each zoning decision (including the applicant) and a minimum of ten (10) minutes for presentation by opponents of each proposed zoning decision.

13.3.9.2 Reserved.

13.3.9.3 Groups, affiliations, and associations are recommended to designate a spokesperson who shall speak for the group.

13.3.9.4 Both proponents and opponents of the matter under consideration shall be given equal time and opportunity by the presiding officer to speak.

13.3.9.4.1 All materials which proponents desire to be considered shall be submitted by the close of the presentation of the proponents' case. Notwithstanding the foregoing, applicant or his agent(s) can present materials which are clearly for rebuttal purposes if time for rebuttal was reserved.

13.3.9.4.2 All materials or evidence which persons in opposition wish to be considered must be submitted by the conclusion of the opposition portion of the hearing.

13.3.9.4.3 When proponents and opponents of the application have been heard in accordance with the foregoing procedures and the applicant has canceled its rebuttal time, the public hearing is closed and no further evidence or testimony may be presented unless either the record is left open based on a request for additional material or report, or questions are asked of the applicant or opposition. Responding to questions shall not be considered part of the time allotted to each side and shall not be used as an opportunity to address issues not directly implicated by the question asked.

13.3.9.5 Questions shall be directed only to the presiding officer who shall respond or designate another person for the response. The presiding officer may limit or terminate the discussion, statements or comments because of time, repetitiveness or irrelevancy. After all discussion concerning the zoning application is concluded, the presiding officer shall close the public hearing for that particular zoning application, and shall address each zoning criteria listed in § 13.3.8.

13.3.10 Meeting format.

13.3.10.1 Minutes of the meeting will be taken by the Planning and Zoning Commission or Board of Commissioners Secretary. Should a complete transcript of the meeting be requested it will be provided at the expense of the person making the request.

13.3.10.2 Following is an outline of how the meeting will be held:

1. Hearing called to order.
2. Proposal summarized.
3. Applicant or proponent states his case.
4. Persons in favor testify.
5. Persons against testify.
6. Questions posed to applicant or speakers.
7. Hearing closed.
8. Recommendations made by Planning and Zoning Commission to official body.

(Ord. of 12-8-2020, § 1(Exh. A))

The same criteria shall be used to evaluate and determine if changes proposed by the Board of Commissioners and/or the Planning Commission are to be recommended.

(Ord. of 12-8-2020, § 1(Exh. A))

The above criteria shall be available to the public to aid in the preparation for a change in the Zoning Ordinance or the Official Zoning Map of Greene County, Georgia.

(Ord. of 12-8-2020, § 1(Exh. A))

Within three years of the date the Board of Commissioners approves a rezoning of property, rezoned property shall be utilized for uses allowed in the new zoning district or substantial development shall be demonstrated toward such utilization. Failure to so utilize or demonstrate substantial development may subject the property to consideration for reversion to the previous zoning classification. In such event, public hearings shall follow the established procedures for a Board of Commissioners application for amendment of the Official Zoning Map herein and a final decision shall be rendered by the Board of Commissioners.

(Ord. of 12-8-2020, § 1(Exh. A))

13.7.1 Intent. The purpose of this Section is to describe and establish procedures for making textual changes to this Code (i.e., amending the text of the ordinance from which this chapter is derived or the adoption of a new zoning ordinance), which are hereinafter collectively referred to as "legislative changes." Legislative changes require approval by the Board of Commissioners in order to be implemented.

13.7.2 Initiation of legislative changes. Proposed legislative changes may be initiated by the Planning and Zoning Commission, the Board of Commissioners, the County Manager or by a member of the general public (not including employees of the county).

13.7.3 Public hearings relating to legislative changes.

1. Prior to a final decision by the Board of Commissioners which results in legislative changes, one public hearing shall be held pursuant to "The Zoning Procedures Law."
2. The public hearing relating to proposed legislative changes shall be held by the Planning and Zoning Commission.
3. Public hearings on proposed legislative changes shall be conducted with 15 minutes provided for the proponents and 15 minutes provided for the opponents of the proposed legislative action. If necessary, the Chairman may allocate an equal amount of additional minutes for both the proponents and the opponents.
4. All materials which proponents desire to be considered shall be submitted by the conclusion of the proponent portion of the public hearing.
5. All materials or evidence which persons in opposition wish to be considered must be submitted by the conclusion of the opposition portion of the hearing.
6. When proponents and opponents of the proposed legislative changes have been heard in accordance with the foregoing procedures, the public hearing is closed and no further evidence, argument or testimony may be presented unless the record is left open based on a request for additional material or report.
7. The proposed legislative change shall be evaluated by considering the necessity and reasonableness of the particular legislative proposal.

13.7.4 Publication of notice. Not less than fifteen (15) days, and not more than forty-five (45) days prior to the date of the public hearing, the Zoning Administrator shall advertise the date, time, place and purpose of the public hearing in a newspaper of general circulation in Greene County.

(Ord. of 12-8-2020, § 1(Exh. A))