The board of commissioners has by resolution adopted a comprehensive plan and from time to time may amend or readopt the comprehensive plan. The comprehensive plan includes but is not limited to character area maps and future land use maps, descriptions of and policies for character areas, principles for determining consistency with character areas, descriptions of future land uses, general land use policies, and land use policies for specific types of land uses.

(Ord. No. 17-003, § 1, 10-2-2017)

(a)

It is the intent of the board of commissioners that applications for rezoning filed by private property owners be consistent with the Jackson County Comprehensive Plan, as adopted by resolution and as may be amended or readopted by resolution from time to time.

(b)

This division shall govern determinations by the director of public development as to whether a rezoning application is consistent with the adopted comprehensive plan.

(c)

This division shall govern the processing of applications filed by private property owners to amend the adopted comprehensive plan.

(d)

In amending the comprehensive plan on its own initiative, the board of commissioners shall not be required to follow the procedures and requirements of this division.

(Ord. No. 17-003, § 1, 10-2-2017)

(a)

No application for rezoning shall be filed by a private property owner, and the director of public development shall not process a rezoning application, unless the director of public development has determined in advance of processing that the application and requested change of zoning district is consistent with the adopted comprehensive plan.

(b)

Such determination of consistency may or may not be in writing if approved for processing but shall be provided in writing if a rezoning application is rejected for reason of inconsistency with the comprehensive plan. If approved by resolution of the board of commissioners, the department may assess a fee for a determination of consistency when a request for determination of consistency is filed in writing by a private property owner in advance of filing a rezoning application.

(c)

An application for rezoning which has been approved for processing by the public development department shall be prima facie evidence that the application for rezoning has been determined by the director to be consistent with the comprehensive plan.

(Ord. No. 17-003, § 1, 10-2-2017)

(a)

Responsibility. The director of public development shall be responsible for making official determinations whether a proposed rezoning application is consistent with the comprehensive plan, and such determination shall be considered an administrative decision subject to appeal by the applicant for said determination, following procedures for appeal of an administrative decision specified in this development code.

(b)

Consistency matrix and comprehensive plan text. In making decisions as to whether a rezoning application is consistent with the comprehensive plan, the director shall determine whether the property to be rezoned is; consistent with the character map and consistent with the future land use map, based on the following consistency matrix, as well as, the policies and principles of the text of the comprehensive plan. Such additional considerations may include the policies for the character area in which the private property is located, principles for ensuring consistency with the adopted character maps, descriptions of land use categories, general land use policies, and land use policies for specific types of land uses.

(c)

Property with more than one character area or future land use designation. Any rezoning application for property that is designated as being in more than one character area, or in more than one future land use category (i.e., split between two or more designations), shall be considered inconsistent with the character map and future land use map if the rezoning application is inconsistent with any one of the character areas or any one of the future land use categories the subject property is designated.

Table 13-1
Character, Land Use and Zoning District Consistency Matrix

(d)

Determination. The public development director shall determine that the zoning district applied for, or to be applied for, is one of the following:

(1)

Consistent with both maps. "Consistent with the character map and consistent with the future land use map." Rezoning applications determined by the director to be consistent with both the character map and future land use map designations for the subject property shall be determined to be consistent with the comprehensive plan and approved for processing; or

(2)

Inconsistent with both maps. "Inconsistent with the character map and inconsistent with the future land use map." Rezoning applications determined by the director to be inconsistent with both the character map and future land use map designations for the subject property shall be determined to be inconsistent with the comprehensive plan and shall not be approved for processing until or unless a comprehensive plan amendment is applied for and approved; or

(3)

Inconsistent with character map. "Inconsistent with the character map but consistent with the future land use map." Rezoning applications determined by the director to be inconsistent with the character map shall require a comprehensive plan amendment to amend the character map be applied for and approved prior to acceptance of the rezoning application for processing.

(4)

Inconsistent with future land use map. "Consistent with the character map but inconsistent with the future land use map." Rezoning applications determined by the director to be inconsistent with the future land use map shall require a comprehensive plan amendment to amend the future land use map be applied for and approved prior to acceptance of the rezoning application for processing.

(Ord. No. 17-003, § 1, 10-2-2017)

A private property owner who has received a determination from the director that a proposed rezoning application is inconsistent with the comprehensive plan may file an application to amend the character map or future land use map, or both, of the adopted comprehensive plan, as it pertains to the property owned, in accordance with the requirements of this division; provided, however, that an application for a comprehensive plan amendment affecting the same property shall not be considered by the board of commissioners more often than once every 12 months unless the board of commissioners upon application approves a reduction in the waiting period as it deems appropriate for extenuating circumstances.

(Ord. No. 17-003, § 1, 10-2-2017)

All applications for a comprehensive plan amendment by a private property owner shall be completed on the department's application form and include such attachments as necessary to identify the property that is the subject of the application. A non-refundable fee, if any, as set by the board of commissioners from time to time, shall accompany the application. Completed forms, attachments, fees, and any additional information the applicant deems pertinent, shall be filed with the public development department.

(Ord. No. 17-003, § 1, 10-2-2017)

The public development department shall review the application for completeness within five working days of the posted application submission deadline for receipt of said application. Incomplete applications will be returned to the applicant and shall not be processed.

(Ord. No. 17-003, § 1, 10-2-2017)

(a)

Comprehensive plan amendments filed by private property owners shall require the same procedures as those required for a rezoning application, as more fully specified in this division III of this article, including but not limited to public notice, hearing and review by the Jackson County Planning Commission, and hearing and final decision by the board of commissioners.

(b)

A traffic study, a hydrology study, and/or other studies of the impact of the proposed land use change or development implied in the comprehensive plan amendment may be recommended by the public development department or required by the planning commission or the board of commissioners as they may deem necessary for adequate consideration and a fully informed decision on an application for comprehensive plan amendment.

(Ord. No. 17-003, § 1, 10-2-2017)

The public development department, the planning commission, and the board of commissioners may consider the following criteria in evaluating comprehensive plan amendments filed by private property owners, giving due weight or priority to those factors particularly appropriate to the circumstances of the application:

(a)

The extent to which a change in the economy, land use or development opportunities of the area has occurred.

(b)

The extent to which the proposed character area and/or future land use designation is in compliance with the goals and policies of the comprehensive plan.

(c)

The extent to which the proposed designation would require changes in the provision of public facilities and services.

(d)

The extent to which the proposed designation would impact the public health, safety, and welfare.

(e)

The extent to which additional land area needs to be made available or developed for a specific type of use.

(f)

The extent to which area demographics or projections are not occurring as projected.

(Ord. No. 17-003, § 1, 10-2-2017)

The Jackson County Board of Commissioners may from time to time amend any regulation pertaining to any zoning district; or may amend any other article or section of this UDC.

(Ord. No. 17-003, § 1, 10-2-2017)

The Board of Commissioners, Jackson County Planning Commission or the public development director may propose change to the text of this UDC when public necessity, general welfare or good zoning practice justify such action.

(Ord. No. 17-003, § 1, 10-2-2017)

(a)

Planning Commission. Prior to the date of the public hearing before the planning commission, the county shall cause to be published within a newspaper of general circulation within the county a notice of the public hearing to be published before the planning commission public hearing. The notice shall state the time, place, and purpose of the public hearing.

(b)

Board of commissioners. At least 15 but not more than 45 days prior to the date of the public hearing before the board of commissioners, the county shall cause to be published within a newspaper of general circulation within the county a notice of the public hearing before the board of commissioners. The notice shall state the time, place, and purpose of the public hearing.

(Ord. No. 17-003, § 1, 10-2-2017)

(a)

Planning commission. The planning commission shall hold a public hearing on text amendments in accordance with the public hearing procedures specified in this article. For any text amendment, the board of commissioners may waive the requirement for public hearing, consideration, and action by the planning commission.

(b)

Board of commissioners. The board of commissioners shall hold a public hearing on all text amendments in accordance with the public hearing procedures specified in this article.

(Ord. No. 17-003, § 1, 10-2-2017)

(a)

Planning commission recommendation. Unless review and recommendation by the planning commission is waived by the board of commissioners, within a period of 32 calendar days from the date of the planning commission's scheduled public hearing on any such application for the text amendment, the planning commission shall provide a recommendation on the proposed text amendment or elect to make no recommendation. The planning commission may recommend approval or disapproval of the proposed text amendment, or it may recommend modifications of the text amendment originally proposed, or it may elect to make no recommendation.

(b)

Board of commissioners decision. The board of commissioners shall, following a public hearing or thereafter, render a decision on the text amendment. The board of commissioners may approve or disapprove the proposed text amendment as written, or it may approve modifications of the text amendment originally proposed.

(c)

Information. In rendering a recommendation on any text amendment, the planning commission shall consider all information supplied by the public development department. In rendering a decision on any text amendment the board of commissioners shall consider all information supplied by the public development department and the recommendation of the planning commission, as well as any testimony and information accepted during public hearings.

(Ord. No. 17-003, § 1, 10-2-2017)

Any application for an amendment to the text of this UDC may be withdrawn at any time at the discretion of the initiator of such a request.

(Ord. No. 17-003, § 1, 10-2-2017)

Pursuant to section 203 of this UDC, the official zoning map, as adopted per section 201 of this UDC, and any overlay district map established by article 4 of this UDC or any environmental overlay district map established by article 5 of this UDC, may be amended from time to time by the board of commissioners following the procedures in this division. In addition, changes to conditions of approval pertaining to any conditions of rezoning approval may also be approved by the board of commissioners following the procedures in this division.

(Ord. No. 17-003, § 1, 10-2-2017)

(a)

An application to amend the official zoning map, overlay district map or environmental overlay district map, or a condition of zoning approval may be initiated by the board of commissioners.

(b)

A private property owner may file an application to amend the official zoning map or to change conditions of zoning approval, as it pertains to the property owned, in accordance with the requirements of this division.

(Ord. No. 17-003, § 1, 10-2-2017)

Applications to amend the official zoning map or to change conditions of zoning shall require submittal of an application meeting requirements specified in this section. The public development director may waive the application fee and certain application requirements specified in this section when an application for amendment of the official zoning map or change of zoning conditions is initiated by the board of commissioners.

(a)

Application fee as established by resolution of the board of commissioners;

(b)

Application form furnished by the public development director, including signed and notarized signature of property owner;

(c)

Metes and bounds legal description of the property;

(d)

Survey plat of the property;

(e)

Letter of intent describing the proposed use of the property, and including an analysis of how the proposed action compares to decision criteria specified for rezoning decisions in this division and a description of any special conditions voluntarily made a part of the request;

(f)

Sketch plan of the property at an appropriate engineering scale prepared by the applicant, a professional engineer, a registered land surveyor, a landscape architect, a land planner or any other person familiar with land development activities showing the following information:

1.

Name, address, telephone number and e-mail address of the property owner, and of the applicant if different from the property owner;

2.

If drawn on a boundary survey, the date of survey and source of data;

3.

Date of sketch plan drawing, and revision dates, if applicable;

4.

North arrow and graphic engineering scale;

5.

Location (land district, address, and tax map and parcel number) and size of the property in acres (or in square feet if less than an acre);

6.

Vicinity map, showing the property in relation to the surrounding area with regard to well-known landmarks such as arterial streets or railroads. Vicinity maps may be drawn in freehand and at a scale sufficient to show clearly the information required. U.S. Geological Survey maps at a scale of one inch equals 2,000 feet may be used for vicinity maps.

7.

Zoning district classification of the subject property and all adjacent properties;

8.

Man-made features within and adjacent to the property, including existing streets and names, county and city limit lines, and other significant information such as location of bridges, major utility lines, existing buildings and structures to remain, and other features as appropriate to the nature of the request;

9.

The proposed project layout, including the approximate location of all buildings, and the location of all minimum building setback lines, outdoor storage areas, buffers, parking areas, driveways, and approximate location of proposed storm water detention facilities;

10.

Proposed use or uses of the property;

11.

A statement from the utility provider(s) as to the source of water supply and the provision for sanitary sewage disposal;

12.

Statistics regarding the proposed development, such as but not limited to maximum building height, minimum lot size, minimum lot width, building coverage, percentage of landscaped open space, stream and zoning buffers required, and other information demonstrating compliance with the proposed zoning district's dimensional requirements as determined by the public development department;

(g)

A traffic impact study prepared by a professional engineer registered in Georgia shall be required to be submitted for applications for proposed developments that generate 1,000 or more average daily vehicle trips based upon the latest edition of Trip Generation published by the Institute of Transportation Engineers. A traffic study, a hydrology study, and/or other studies of the impact of the proposed zoning district or development implied in the rezoning application may be recommended by the public development department or required by the planning commission or the board of commissioners as they may deem necessary for adequate consideration and a fully informed decision on an application for rezoning; and

(h)

Other information as may be required by the public development department.

(Ord. No. 17-003, § 1, 10-2-2017)

The public development department shall review the application for completeness within five working days of the posted application submission deadline. Incomplete applications will be returned to the applicant and shall not be processed.

(Ord. No. 17-003, § 1, 10-2-2017)

(a)

Planning commission. Prior to the date of the public hearing before the planning commission, the county shall cause to be published within a newspaper of general circulation within the county a notice of the public hearing to be published before the planning commission public hearing. The notice shall state the time, place, and purpose of the public hearing. The published notice, in addition to the requirements above, shall include the location of the property, the present zoning classification of the property, and the proposed zoning classification of the property requested.

(b)

Board of commissioners. At least 15 but not more than 45 days prior to the date of the public hearing before the board of commissioners, the county shall cause to be published within a newspaper of general circulation within the county a notice of the public hearing before the board of commissioners. The notice shall state the time, place, and purpose of the public hearing. The published notice, in addition to the requirements above, shall include the location of the property, the present zoning classification of the property, and the proposed zoning classification of the property requested.

(Ord. No. 17-003, § 1, 10-2-2017)

(a)

Requirement and locations. The applicant shall be required to post and maintain signs supplied by the county near the right-of-way of the nearest public street, so as to be visible from the street preceding the date of the planning commission's public hearing and for at least 15 days and not more than 45 days immediately preceding the date for the board of commissioners' public hearing on the rezoning application. One such sign shall be placed in a conspicuous location along each street frontage of the property for which the rezoning has been requested. If the property has no street frontage, the sign shall be placed on each street where access to the property will be gained.

(b)

Content. The sign providing notice shall state the time, place, and purpose of the public hearing and shall include the location of the property. In addition, the notice shall include the existing zoning classification and the proposed zoning classification of the property.

(c)

Time period. It is the responsibility of the applicant to post the signs and to maintain the signs during the posting period. Said signs pertaining to the board of commissioners' public hearing shall remain posted until a final decision by the board of commissioners has been rendered.

(d)

Consequences of non-maintenance. Failure to post and maintain the signs continuously may prohibit consideration of the application at any scheduled public hearing. In the event the signs are not posted continuously, the county, in its sole discretion, may require the reposting and readvertising prior to any future public hearing, for which the applicant shall pay an additional readvertising fee. The county may also in its sole discretion, continue, hold, or dismiss the application if public notice requirements are not met due to applicant non-maintenance of the required public notice sign(s) on the property.

(Ord. No. 17-003, § 1, 10-2-2017)

This section is adopted pursuant to the specific requirements of the state zoning procedures law. When a proposed zoning map amendment relates to or will allow the location or relocation of a halfway house, drug rehabilitation center, or other facility for treatment of drug dependency, a duly noticed public hearing shall be held by the board of commissioners on the proposed action in accordance with the procedures and requirements established in this article. In addition, the following requirements shall apply.

(a)

Such public hearing before the board of commissioners shall be held at least six months but not more than nine months prior to the date of final action on the application.

(b)

All published or posted notices of the public hearing shall include a prominent statement that the proposed zoning map amendment relates to or will allow the location or relocation of a halfway house, drug rehabilitation center, or other facility for treatment of drug dependency.

(c)

The published notice shall be at least six column inches in size and shall not be located in the classified advertising section of the newspaper.

(Ord. No. 17-003, § 1, 10-2-2017)

(a)

The public development department may send the application out for review by internal county departments and external agencies as may be appropriate (i.e., inter-agency review). Any written comments received in a timely manner shall be submitted to the applicant, planning commission and board of commissioners for consideration, and any such comments shall become an official public record.

(b)

The public development department shall investigate and make a recommendation regarding any or all of the relevant matters concerning the application. Any such investigation and recommendation shall if in writing be made available to the applicant, planning commission, and board of commissioners prior to public hearings and shall become an official public record.

(Ord. No. 17-003, § 1, 10-2-2017)

(a)

Planning commission. The planning commission shall hold a public hearing on rezoning applications in accordance with the public hearing procedures specified in this article. For any rezoning application initiated by the board of commissioners, the board of commissioners may waive the requirement for public hearing, consideration, and action by the planning commission.

(b)

Board of commissioners. The board of commissioners shall hold a public hearing on all rezoning applications in accordance with the public hearing procedures specified in this article.

(Ord. No. 17-003, § 1, 10-2-2017)

The planning commission and the board of commissioners should consider the following standards for any rezoning proposal, giving due weight or priority to those factors that are appropriate to the circumstances of each proposal:

(a)

Is the proposed use consistent with the stated purpose of the zoning district that is being requested?

(b)

Is the proposed use suitable in view of the zoning and development of adjacent and nearby property?

(c)

Will the proposed use not adversely affect the existing use or usability of adjacent or nearby property?

(d)

Is the proposed use compatible with the goals, objectives, purpose and intent of the comprehensive plan?

(e)

Are there substantial reasons why the property cannot or should not be used as currently zoned?

(f)

Will the proposed use not cause an excessive or burdensome use of public facilities or services, including but not limited to streets, schools, water or sewer utilities, and police or fire protection?

(g)

Is the proposed use supported by new or changing conditions not anticipated by the comprehensive plan or reflected in the existing zoning on the property or surrounding properties?

(h)

Does the proposed use reflect a reasonable balance between the promotion of the public health, safety, morality, or general welfare and the right to unrestricted use of property?

(Ord. No. 17-003, § 1, 10-2-2017)

(a)

Time frame for recommendation. Within 32 calendar days of the date of the public hearing held by the planning commission on the application, the planning commission shall provide a recommendation on all applications for rezoning or elect to make no recommendation. This time limit may be extended if the applicant consents to extend the time frame, or if the project is a development of regional impact (DRI) in which case the time limit will extend to accommodate the DRI process.

(b)

Recommendation. The planning commission may recommend approval or disapproval of the proposed rezoning applied for, or it may recommend conditions of approval on the application, or it may elect to make no recommendation. The planning commission may also recommend rezoning the property to a more restrictive zoning classification than requested by the applicant. The planning commission may also recommend a reduction of the boundaries of the area rezoned that is less than that requested by the applicant.

(c)

Consideration of information. In rendering a recommendation on any such application, the planning commission shall consider information supplied by the applicant, any report and/or recommendation from the public development department, and any testimony and information accepted during the public hearing.

(Ord. No. 17-003, § 1, 10-2-2017)

(a)

Time frame for decision. Within 65 calendar days of the date of its public hearing held by the board of commissioners, the board of commissioners shall render a decision on the application for rezoning. This time limit may be extended if the applicant consents to extend the time frame.

(b)

Decision. The board of commissioners may approve or disapprove the proposed rezoning as applied for, return the application to the planning commission for further study, or may approve the application with conditions. The board of commissioners may also rezone the property to a more restrictive zoning classification than requested by the applicant. The board of commissioners may also reduce the boundaries of the area rezoned to an area that is less than that requested by the applicant.

(c)

Consideration of information. In rendering a decision on any such application, the board of commissioners shall consider information supplied by the applicant, the public development department, and the planning commission, as well as testimony and information accepted during public hearings.

(Ord. No. 17-003, § 1, 10-2-2017)

(a)

No refund. There shall be no refund by the county of an application fee if an application is withdrawn.

(b)

Prior to public notice. If a request for withdrawal is received prior to the publication of a notice for a public hearing, the application shall be withdrawn administratively by the public development department without restriction on the refiling of a rezoning application on the property in the future, as described in this division.

(c)

After public notice. If a request for withdrawal is received after publication of a public notice has been published or when such public notice irretrievably set for publication but the rezoning application has not been heard by the planning commission, the application shall be withdrawn administratively by the public development department, provided that an application for a rezoning of the property shall not be resubmitted for six months from the date of withdrawal.

(d)

After planning commission public hearing. Should any request for withdrawal be made by the applicant after the planning commission's public hearing but before or at the board of commissioners' public hearing, the application shall remain on the board of commissioners' public hearing agenda and the withdrawal request shall be considered for approval or denial, with or without prejudice, by the board of commissioners. If withdrawal is not allowed, the public hearing on the rezoning will proceed.

(Ord. No. 17-003, § 1, 10-2-2017)

(a)

No rezoning application affecting the same or any portion of property which was denied by the board of commissioners shall be accepted for filing by a property owner until 12 months shall have elapsed from the date said application was denied by the board of commissioners, unless the board of commissioners reduces the 12 month time period to no less than six months.

(b)

The same or any portion of property previously considered in a rezoning application which was denied by the board of commissioners may not be initiated again by the board of commissioners until the expiration of at least six months immediately following the final decision rendered on the application by the board of commissioners.

(Ord. No. 17-003, § 1, 10-2-2017)

In cases where an applicant is proposing a rezoning (i.e., amendment to the official zoning map), and where the applicant files an application to obtain a special use at the same time of filing a rezoning application, the two applications may be processed simultaneously, but the special use application shall not be voted on until the rezoning application is voted on (which may be the same public hearing or meeting), since the special use would not otherwise be permitted without the rezoning.

(Ord. No. 17-003, § 1, 10-2-2017)

The board of commissioners following the procedures in this division may approve special uses authorized in table 2-2 of this UDC. In addition, changes to conditions of approval pertaining to any conditions of special use approval may also be approved by the board of commissioners following the procedures in this division.

(Ord. No. 17-003, § 1, 10-2-2017)

A private property owner may file an application for special use approval, as it pertains to the property owned, in accordance with the requirements of this division.

(Ord. No. 17-003, § 1, 10-2-2017)

Applications for special use shall require submittal of an application requirements specified in this section.

(a)

Application fee as established by resolution of the board of commissioners;

(b)

Application form furnished by the public development director, including signed and notarized signature of property owner;

(c)

Metes and bounds legal description of the property;

(d)

Survey plat of the property;

(e)

Letter of intent describing the proposed use of the property, and including an analysis of how the proposed action compares to decision criteria specified in this division for special uses and a description of any special conditions voluntarily made a part of the request;

(f)

Sketch plan of the property at an appropriate engineering scale prepared by the applicant, a professional engineer, a registered land surveyor, a landscape architect, a land planner or any other person familiar with land development activities showing the following information:

1.

Name, address, telephone number and e-mail address of the property owner, and of the applicant if different from the property owner;

2.

If drawn on a boundary survey, the date of survey and source of data;

3.

Date of sketch plan drawing, and revision dates, if applicable;

4.

North arrow and graphic engineering scale;

5.

Location (land district, address, and tax map and parcel number) and size of the property in acres (or in square feet if less than an acre);

6.

Vicinity map, showing the property in relation to the surrounding area with regard to well-known landmarks such as arterial streets or railroads. Vicinity maps may be drawn in freehand and at a scale sufficient to show clearly the information required. U.S. Geological Survey maps at a scale of one inch equals 2,000 feet may be used for vicinity maps.

7.

Zoning district classification of the subject property and all adjacent properties;

8.

Man-made features within and adjacent to the property, including existing streets and names, county and city limit lines, and other significant information such as location of bridges, major utility lines, existing buildings and structures to remain, and other features as appropriate to the nature of the request;

9.

The proposed project layout, including the approximate location of all buildings, and the location of all minimum building setback lines, outdoor storage areas, buffers, parking areas, driveways, and approximate location of proposed storm water detention facilities;

10.

Proposed special use and uses of the property;

11.

A statement as to the source of water supply and the provision for sanitary sewage disposal;

12.

Statistics regarding the proposed development, such as but not limited to maximum building height, minimum lot size, minimum lot width, building coverage, percentage of landscaped open space, stream and zoning buffers required, and other information demonstrating compliance with the zoning district's dimensional requirements and specific regulations for the special use as required by article III of this UDC, as determined by the public development department;

(g)

A traffic impact study prepared by a professional engineer registered in Georgia shall be required to be submitted for applications for proposed developments that generate 1,000 or more average daily vehicle trips based upon the latest edition of Trip Generation published by the Institute of Transportation Engineers. A traffic study, a hydrology study, and/or other studies of the impact of the proposed special use may be recommended by the public development department or required by the planning commission or the board of commissioners as they may deem necessary for adequate consideration and a fully informed decision on an application for special use; and

(h)

Other information as may be required by the public development department.

(Ord. No. 17-003, § 1, 10-2-2017)

The public development department shall review the application for completeness within five working days of the posted application submission deadline. Incomplete applications will be returned to the applicant and shall not be processed.

(Ord. No. 17-003, § 1, 10-2-2017)

(a)

Planning commission. Prior to the date of the public hearing before the planning commission, the county shall cause to be published within a newspaper of general circulation within the county a notice of the public hearing before the planning commission. The notice shall state the time, place, and purpose of the public hearing. The published notice, in addition to the requirements above, shall include the location of the property and the proposed special use of the property requested.

(b)

Board of commissioners. At least 15 but not more than 45 days prior to the date of the public hearing before the board of commissioners, the county shall cause to be published within a newspaper of general circulation within the county a notice of the public hearing before the board of commissioners. The notice shall state the time, place, and purpose of the public hearing. The published notice, in addition to the requirements above, shall include the location of the property and the proposed special use of the property requested.

(Ord. No. 17-003, § 1, 10-2-2017)

(a)

Requirement and locations. The applicant shall be required to post and maintain signs supplied by the county near the right-of-way of the nearest public street, so as to be visible from the street preceding the date of the planning commission's public hearing and for at least 15 days and not more than 45 days immediately preceding the date for the board of commissioners public hearing on the special use application. One such sign shall be placed in a conspicuous location along each street frontage of the property for which the rezoning approval has been requested. If the property has no street frontage, the sign shall be placed on each street where access to the property will be gained.

(b)

Content. The sign providing notice shall state the time, place, and purpose of the public hearing and shall include the location of the property. In addition, the notice shall include the proposed special use of the property.

(c)

Time period. It is the responsibility of the applicant to post the signs and to maintain the signs during the posting period. Said signs pertaining to the board of commissioners' public hearing shall remain posted until a final decision by the board of commissioners has been rendered.

(d)

Consequences of non-maintenance. Failure to post and maintain the signs continuously may prohibit consideration of the application at any scheduled public hearing. In the event the signs are not posted continuously, the county, in its sole discretion, may require the reposting and readvertising prior to any future public hearing, for which the applicant shall pay an additional readvertising fee. The county may also in its sole discretion, continue, hold, or dismiss the application if public notice requirements are not met due to applicant non-maintenance of the required public notice sign(s) on the property.

(Ord. No. 17-003, § 1, 10-2-2017)

This section is adopted pursuant to the specific requirements of the state zoning procedures law. When a proposed special use relates to or will allow the location or relocation of a halfway house, drug rehabilitation center, or other facility for treatment of drug dependency, a duly noticed public hearing shall be held by the board of commissioners on the proposed action in accordance with the procedures and requirements established in this article. In addition, the following requirements shall apply.

(a)

Such public hearing before the board of commissioners shall be held at least six months but not more than nine months prior to the date of final action on the application.

(b)

All published or posted notices of the public hearing shall include a prominent statement that the proposed special use relates to or will allow the location or relocation of a halfway house, drug rehabilitation center, or other facility for treatment of drug dependency.

(c)

The published notice shall be at least six column inches in size and shall not be located in the classified advertising section of the newspaper.

(Ord. No. 17-003, § 1, 10-2-2017)

(a)

The public development department may send the application out for review by internal county departments and external agencies as may be appropriate (i.e., inter-agency review). Any written comments received in a timely manner shall be submitted to the applicant, planning commission and board of commissioners for consideration, and any such comments shall become an official public record.

(b)

The public development department shall investigate and make a recommendation regarding any or all of the relevant matters concerning the application. Any such investigation and recommendation shall if in writing be made available to the applicant, planning commission, and board of commissioners prior to public hearings and shall become an official public record.

(Ord. No. 17-003, § 1, 10-2-2017)

(a)

Planning commission. The planning commission shall hold a public hearing on special use applications in accordance with the public hearing procedures specified in this article.

(b)

Board of commissioners. The board of commissioners shall hold a public hearing on all special use applications in accordance with the public hearing procedures specified in this article.

(Ord. No. 17-003, § 1, 10-2-2017)

The planning commission and the board of commissioners should consider the following standards for any special use application, giving due weight or priority to those factors that are appropriate to the circumstances of each proposal:

(a)

Will the proposed special use be consistent with the stated purpose of the zoning district in which it will be located?

(b)

Is the proposed special use compatible with the goals, objectives, purpose and intent of the comprehensive plan?

(c)

Will the establishment of the special use impede the normal and orderly development of surrounding property for uses predominant in the area?

(d)

Is the location and character of the proposed special use consistent with a desirable pattern of development for the locality in general?

(e)

Is or will the type or functional classification of street providing access to the use be adequate to serve the proposed special use?

(f)

Is or will access into and out of the property be adequate to provide for traffic and pedestrian safety, the anticipated volume of traffic flow, and access by emergency vehicles?

(g)

Are or will public facilities such as schools, water or sewer utilities, and police or fire protection be adequate to serve the special use?

(h)

Are or will refuse, service, parking and loading areas on the property be located or screened to protect other properties in the area from such adverse effects as noise, light, glare or odor?

(i)

Will the hours and manner of operation of the special use have one or more adverse effects on other properties in the area?

(j)

Will the height, size or location of the buildings or other structures on the property be compatible with the height, size or location of buildings or other structures on neighboring properties?

(Ord. No. 17-003, § 1, 10-2-2017)

(a)

Time frame for recommendation. Within 32 calendar days of the date of the public hearing held by the planning commission on the application, the planning commission shall provide a recommendation on all applications for special use or elect to make no recommendation. This time limit may be extended if the applicant consents to extend the time frame. In the event a special use application triggers a development of regional impact (DRI) review, the time frame shall be extended to accommodate the DRI review process.

(b)

Recommendation. The planning commission may recommend approval or disapproval of the proposed special use applied for, may recommend conditions of approval, or it may elect to provide no recommendation. The planning commission may also recommend a reduction of the boundaries of the area devoted to the special use that is less than that requested by the applicant.

(c)

Consideration of information. In rendering a recommendation on any such application, the planning commission shall consider information supplied by the applicant and any report and/or recommendation from the public development department.

(Ord. No. 17-003, § 1, 10-2-2017)

(a)

Time frame for decision. Within 65 calendar days of the date of its public hearing held by the board of commissioners, the board of commissioners shall render a decision on the application for special use. This time limit may be extended if the applicant consents to extend the time frame.

(b)

Decision. The board of commissioners may approve or disapprove the proposed special use as applied for, return the application to the planning commission for further study, or may approve the application with conditions. The board of commissioners may also reduce the boundaries of the area applicable to the special use to an area that is less than that requested by the applicant.

(c)

Consideration of information. In rendering a decision on any such application, the board of commissioners shall consider information supplied by the applicant, the public development department, and the planning commission, as well as testimony and information accepted during public hearings.

(Ord. No. 17-003, § 1, 10-2-2017)

(a)

No refund. There shall be no refund by the county of an application fee if an application is withdrawn.

(b)

Prior to public notice. If a request for withdrawal is received prior to the publication of a notice for a public hearing, the application shall be withdrawn administratively by the public development department without restriction on the refiling of a special use application on the property in the future, as described in this division.

(c)

After public notice. If a request for withdrawal is received after publication of a public notice has been published or when such public notice irretrievably set for publication but the special use application has not been heard by the planning commission, the application shall be withdrawn administratively by the public development department, provided that an application for special use on the property shall not be resubmitted for six months from the date of withdrawal.

(d)

After planning commission public hearing. Should any request for withdrawal be made by the applicant after the planning commission's public hearing but before or at the board of commissioners' public hearing, the application shall remain on the board of commissioners' public hearing agenda and the withdrawal request shall be considered for approval or denial, with or without prejudice, by the board of commissioners. If withdrawal is not allowed, the public hearing on the special use will proceed.

(Ord. No. 17-003, § 1, 10-2-2017)

(a)

No special use application affecting the same or any portion of property which was denied by the board of commissioners shall be accepted for filing by a property owner until 12 months shall have elapsed from the date said application was denied by the board of commissioners, unless the board of commissioners reduces the 12-month time period to no less than six months.

(b)

The same or any portion of property previously considered in a special use application which was denied by the board of commissioners may not be initiated again by the board of commissioners until the expiration of at least six months immediately following the final decision rendered on the application by the board of commissioners.

(Ord. No. 17-003, § 1, 10-2-2017)

In cases where an applicant is proposing a rezoning (i.e., amendment to the official zoning map), and where the applicant files an application to obtain a special use at the same time of filing a rezoning application, the two applications may be processed simultaneously, but the special use application shall not be voted on until the rezoning application is voted on (which may be the same public hearing or meeting), since the special use would not otherwise be permitted without the rezoning.

(Ord. No. 17-003, § 1, 10-2-2017)

Public hearings held by the planning commission, and the board of commissioners for rezoning and special use applications shall be conducted in accordance with this division.

(Ord. No. 17-003, § 1, 10-2-2017)

(a)

The public hearing will be convened at the scheduled time and place by the planning commission chair, the chairman of the board of commissioners or an appointed designee, as appropriate, who will act as the presiding official. The presiding official shall indicate that a public hearing has been called on one or more applications made and shall summarize the procedures of this division or call on the public development department staff to summarize the procedures. The presiding official shall then open the public hearing.

(b)

Upon opening the public hearing, the presiding official shall call the first case and the hearing body shall consider each application on an individual basis in succession as printed on the published agenda or as otherwise approved by the hearing body; provided, however, that the presiding official may at his or her discretion call and consider more than one application simultaneously if more than one application involves the same piece of property, or if proceedings would be efficiently completed by combining separately required public hearings and discussing more than one scheduled matter as a single group of applications.

(Ord. No. 17-003, § 1, 10-2-2017)

The presiding official will call for each application to be presented by the public development department staff.

(Ord. No. 17-003, § 1, 10-2-2017)

Time permitting, any member of the general public may speak at the public hearing; however, no person in attendance shall speak unless first formally recognized by the presiding official. Upon rising to speak, each person recognized except staff members shall state their name and home address.

(Ord. No. 17-003, § 1, 10-2-2017)

(a)

When an individual application comes up for hearing, the presiding official may ask for a show of hands of those persons who wish to appear in support of and in opposition to the application. If it appears that the number of persons wishing to appear in support of or in opposition to the application is in excess of that which may reasonably be heard, the presiding official may request that a spokesperson for the group be chosen to make presentations. The presiding official may place reasonable limits on the number of persons who may speak for or against a proposal, on the time allowed for each speaker, and on the total time allowed for presentation of the proposed zoning change or special use application.

(b)

No less than ten minutes will be provided for all of those speaking in support of a zoning change or special use application, and no less than ten minutes will be provided for all of those speaking against; provided, however, that proponents or opponents may take less time than the minimum required in which case the full ten minutes shall not be required to be allotted.

(c)

After any staff presentation on the application, the applicant will be allowed to speak first in order to present the application. The hearing shall be attended by the applicant or representative thereof with authority to make binding commitments to the county with respect to any stipulations that may be offered in connection with such application. Failure to attend the hearing by the applicant or his or her authorized representative may result in the application being continued.

(d)

Each speaker may speak only to the proposed application under consideration and shall address his or her remarks only to the hearing body. Each speaker shall refrain from personal attacks on any other speaker or the discussion of facts or opinions irrelevant to the proposed application under consideration. The presiding official may limit or refuse a speaker the right to continue if, after first being cautioned, the speaker continues to violate this procedure.

(e)

Upon conclusion of the applicant's presentation, others in support of the application may then speak, followed by those in opposition to the application. Those present who are neither opposed or in favor of the application but who have questions will speak during the time afforded the opposition.

(f)

Following the conclusion of speakers in opposition, if some of the ten minutes of applicant's time has reserved for rebuttal, the applicant will then be allowed to use the reserved time for rebuttal, which must be limited to points or issues raised by opponents to the application during the public hearing.

(g)

During the public hearing, any member of the planning commission or board of commissioners as appropriate may upon recognition by the presiding official ask questions of the applicant, staff, or a member speaking at the public hearing. Time devoted to questions and answers will not be counted against any time limitations that have been imposed on presentations.

(Ord. No. 17-003, § 1, 10-2-2017)

(a)

After the foregoing procedures have been completed, the presiding official will indicate that the public hearing is closed.

(b)

Upon the closing of the public hearing, the applicant or his agent and any member of the public shall no longer address the hearing body in any way, including hand waving or motions for attention; provided, however, the presiding officer may, in his or her discretion, reopen the public hearing for a limited time and purpose.

(c)

After the close of public hearing, the hearing body may act on the application.

(Ord. No. 17-003, § 1, 10-2-2017)

Initial DRI information form: A form intended to identify basic information about a proposed development of regional impact on which a local government is being requested to take action, and which provides information to the regional commission. This form notifies the regional commission of a potential development of regional impact in order for the commission to meet its responsibilities within the DRI review process.

DRI Review initiation request form: A form intended to provide additional information about the proposed project to the regional commission, the submission of which serves as an official request that the DRI review process be started by the commission.

Regional commission: The Northeast Georgia Regional Commission, or any successor or subsequent agency with jurisdiction for development of regional impact applications.

(Ord. No. 17-003, § 1, 10-2-2017)

This division shall apply when an applicant (industry, business, or developer) requests some type of local government action related to a project, such as, but not limited to, a request for rezoning, conditional use, variance, permit, hookup to a water or sewer system, master or site plan approval, or entering into a contract, and it appears that the proposed development (or, for multi-phased projects, the complete development) meets the threshold(s) of a development of regional impact, according to "Rules of Georgia Department of Community Affairs, Chapter 110-12-3, Developments of Regional Impact," effective March 1, 2014, as may be amended from time to time.

(Ord. No. 17-003, § 1, 10-2-2017)

If a proposed development project is to be located in more than one jurisdiction and, in total, the proposed development meets or exceeds a DRI threshold, the local government in which the largest portion of the project is to be located is responsible for initiating the DRI review process.

(Ord. No. 17-003, § 1, 10-2-2017)

The application procedures established in this UDC will be modified by this division in cases where a rezoning request, special use application or variance application fits the definition of a "development of regional impact." Developments of regional impact will be processed according to procedures of the Georgia Department of Community Affairs as described in "Rules of Georgia Department of Community Affairs, Chapter 110-12-3, Developments of Regional Impact," effective March 1, 2014, as may be amended from time to time.

When an application is received for development that meets or exceeds the thresholds established for that development type and thus constitutes a "development of regional impact" according to the aforementioned Rules of the Georgia Department of Community Affairs, the county will follow the procedures identified in said administrative rules which are summarized here.

(a)

When an application for a development of regional impact is received, the public development department will complete an "Initial DRI Information" form and a "DRI Review Initiation Request" form. Each of these two forms may be submitted to the regional commission simultaneously, provided the county has all necessary project-related information.

(b)

The county shall not take any official legislative or administrative action to advance or further a DRI project until the review process identified under the DRI review procedure specified in "Rules of Georgia Department of Community Affairs, Chapter 110-12-3, Developments of Regional Impact," effective March 1, 2014, as may be amended from time to time, is completed. The county may undertake preliminary staff administrative functions associated with a proposed DRI including, but not limited to, project evaluation/assessment, site visits, and placing consideration of the application on a future agenda for formal action, if required. The county shall not take any official action related to such a project until the DRI review process is completed and the county has had adequate time to consider the DRI review comments.

(c)

After the DRI review process is completed, the county may proceed with whatever action it deems appropriate regarding the proposed project, although it is encouraged to take the public finding and additional comments into consideration as it makes its decision.

(d)

If the project receives a negative public finding from the regional commission and the county approves said project or takes action to advance said project, the county shall notify the regional commission and the Georgia Department of Community Affairs of its action and identify all local requirements it has placed on the development that could mitigate any negative findings identified in the DRI review process.

(Ord. No. 17-003, § 1, 10-2-2017)