Applications to amend this chapter may be in the form of proposals to amend the text or proposals to amend the official land use district map.

(a)

An application to amend the text of this chapter may be initiated by the planning commission or be submitted to the planning commission by the governing body or by any person having an interest in the county. An application to amend the official land use district map may be initiated by the governing body or the planning commission.

(b)

Unless initiated by the governing body or the planning commission, all applications to amend the official land use district 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.

(c)

An application for an amendment to the text of this chapter or to the official land use district map affecting the same property shall not be submitted more than once every six months, such interval to begin on the date of final decision by the governing body.

(d)

An application to alter conditions of rezoning may be submitted at any time after the final decision but shall not be submitted more than once every six months, such interval to begin on the date of the final decision by the governing body on said application to amend the condition.

(e)

An application may be withdrawn without prejudice at any time prior to the planning commission meeting. Withdrawal subsequent to that time shall mean such application may not be resubmitted for consideration for a period of six months, counting from the date of withdrawal to the date of renewed application. Unless withdrawn at a hearing, the withdrawal must be in writing, signed, and dated by the applicant.

(Ord. of 12-21-2020)

Each application required by this chapter to amend this chapter or the official land use district map shall be filed with the administrative officer along with the fee as determined by the governing body. A maximum of ten applications shall be accepted by the administrative officer for consideration at any public hearing before the planning commission and/or the governing body. Applications shall be submitted in compliance with the following:

(a)

Text amendment applications shall include the following:

(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;

(4)

Reason for the amendment request.

(b)

Official land use district map amendment applications shall include the following:

(1)

A tax parcel card from the Habersham County Tax Assessor identifying the parcel to be rezoned or the parent parcel of the parcel to be rezoned if a split or subdivision is occurring;

(2)

A site plan is required by this article and 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 streets 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 proposed development;

e.

Building setbacks, buffers, and landscape strips.

(3)

The present and proposed land use district for the tract;

(4)

Existing and intermediate regional floodplain and structures;

(5)

The names and addresses of the owners of the land and their agents, if any;

(6)

The names and addresses of all adjoining property owners. In determining the adjoining property owners, road, street or railroad rights-of-way shall be disregarded;

(7)

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;

(8)

On any rezoning of three or more acres to be subdivided, a soil survey prepared by a soil scientist registered in the State of Georgia shall be submitted prior to approval, unless the property is served by sewer;

(9)

Such other and additional information as may be requested by the administrative officer.

(c)

An application shall be submitted at least 28 days prior to the date on which it is to be considered by the planning commission. The governing body shall establish fees for an application to amend this chapter or the official land use district map. A fee shall not be charged for applications initiated by the governing body or planning commission.

(d)

With respect to amendments to the official land use district map, an applicant may file site plans, renderings, construction specifications, written development restrictions and other conditions which the applicant proposes as binding conditions upon the development and use of the property involved in the application provided, however, that such conditions or alterations or changes thereto shall be filed with the administrative officer at least seven days prior to the public hearing before the planning commission. If such conditions or alterations or changes thereto are proposed by an applicant and have not been filed as required by this paragraph, the governing body, at the time of the public hearing on the application, may defer any action on such application to a specific meeting date which will permit the planning commission to conduct another hearing to consider the applicant's proposal prior to consideration of the application by the governing body. At the hearing in which the deferral is granted, the governing body shall specify the date of the hearing before the planning commission and the subsequent hearing before the governing body and this action shall constitute public notice of such hearings and no additional notices shall be required prior to the hearings so scheduled by the governing body. The date designated for action on the application shall be set at a time which will allow the applicant to comply with the filing requirements of this paragraph.

(Ord. of 12-21-2020)

(a)

Legal notice: Due notice of each public hearing pursuant to this article shall be published in the newspaper of general circulation within the county at least 15 days prior to the date of each scheduled hearing of the governing body and of the planning commission but not more than 45 days prior to the date of each scheduled hearing. If the application is initiated by the governing body, the notice shall state the time, place and purpose of the public hearing. If the application for amendment to the official land use district map is initiated by anyone other than the governing body, then the notice shall also include the location of the property, the present land use district of the property and the proposed land use district of the property. The cost of the advertisement shall be borne by the applicant. The notice shall also state: "Notice is hereby given that the governing body has the power to impose a different land use classification from the classification requested and impose or delete zoning conditions that may change the application considerably."

(b)

Signs posted: If the application for amendment to the Official Land Use District Map is initiated by anyone other than the governing body, the administrative officer shall post at least 15 days prior to the planning commission's public hearing, in a conspicuous place in the public right-of-way fronting the property or on the property for which an application has been submitted, a sign containing information as to the application and date, time and place of the public hearing.

(Ord. of 12-21-2020)

The planning commission shall hold a public hearing on each application for an amendment pursuant to this article in accordance with a schedule adopted by the planning commission. As to each application, the planning commission shall make a recommendation for approval, approval with conditions or denial. A tie vote on any motion shall equate to denial. The planning commission may also table the application one time for the presentation of more information.

(a)

A written report of the planning commission's recommendation shall be submitted to the administrative officer, or designee, and shall be a public record. The planning commission's action may recommend amendments to the applicant's request which would reduce the land area for which the application is made, change the district requested and recommend conditions of rezoning which may be deemed advisable so that the purpose of this chapter will, if applicable, be served and health, public safety and general welfare secured.

(b)

Proposed land use decisions shall be called in the order determined by the administrative officer. If an application is not complete or all requirements of this chapter have not been complied with, the application is out of order and will not be called at that meeting. It shall be tabled for one month. If the application is still incomplete or out of order at the next meeting, it shall be deemed withdrawn. The applicant shall have to wait six months to reapply.

(Ord. of 12-21-2020)

(a)

Before taking action on a proposed amendment and after receipt of the planning commission recommendations, the governing body shall hold a public hearing on the proposed amendment made pursuant to this article. At the public hearing, the governing body shall review the analysis submitted by the initiating party and the recommendation prepared by the planning commission. So that the purpose of this chapter will be served, health, public safety and general welfare secured, the governing body 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 governing body 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 chapter. An action by the governing body 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 section, the governing body 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)

The date of all approved amendments to the text of this chapter shall be indicated on the title/cover page of the text, and any sections within the chapter text hereafter amended or repealed shall be so indicated by an asterisk (*,**,***, etc.) and concurring footnote providing the date such amendment was approved. All such text amendments shall be incorporated within the text without unreasonable delay.

(d)

Conduct of the hearing:

(1)

All persons who wish to address the governing body at a hearing concerning a proposed zoning decision under consideration by the governing body shall first sign up on a form to be provided by the county prior to the commencement of the hearing.

(2)

The administrative officer 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 determined by the administrative officer. If an application is not complete or all requirements of this chapter have not been complied with, the application is out of order and will not be called at that meeting. It shall be tabled for one month. If the application is still incomplete or out of order at the next meeting, it shall be deemed withdrawn. The applicant shall have to wait six months to reapply.

(3)

The chair (or designee-county attorney) 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 governing body, 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 five minutes to address the governing body concerning the zoning decision then under consideration unless the governing body, prior to or at the time of the reading of the proposed zoning decision, allows additional time in which to address the governing body 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 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 governing body. 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 governing body may limit or refuse a speaker the right to continue if the speaker, after first being cautioned, continues to violate this subsection.

(6)

Nothing contained herein shall be construed as prohibiting the governing body 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.

(7)

These procedures shall be available in writing at all hearings.

(Ord. of 12-21-2020)

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 promote 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)

Whether the proposed zoning will be a use that is suitable in view of the use and development of adjacent and nearby property;

(h)

Whether the proposed zoning will adversely affect the existing use or usability of adjacent or nearby property;

(i)

Whether the zoning proposal is in conformity with the policies and intent of the land use plan;

(j)

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;

(k)

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.

(Ord. of 12-21-2020)

In reviewing an application for a conditional use, the governing body shall consider the following standards:

(a)

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

(b)

A recommendation has been received from the planning commission;

(c)

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

(d)

The applicant is in compliance with conditions imposed by the governing body for the purpose of reducing the harmful effects of the use on surrounding uses and assuring compatibility with surrounding uses;

(e)

The governing body determines that the benefits of and need for the proposed conditional use are greater than any possible depreciating effects and damages to the neighboring properties.

(Ord. of 12-21-2020)

Hearings on conditional uses shall follow the procedures for public hearings on text and map amendments.

(Ord. of 12-21-2020)

An application for a conditional use which has been denied shall not be resubmitted for a period of six months from the date of the denial by the governing body.

(Ord. of 12-21-2020)