The general purpose of the planning commission shall be to develop, promote, and assist in establishing coordinated and comprehensive planning in Jackson County, and to serve in an advisory capacity to the Jackson County Board of Commissioners in the implementation of adopted plans and ordinances.

(Ord. No. 17-003, § 1, 10-2-2017)

The planning commission shall have all those duties necessary and reasonably implied as being necessary to carry out its duties as specified in this UDC. Said powers and duties shall specifically include without limitation, the following:

(a)

To adopt and amend bylaws, without the need to amend this article.

(b)

Cooperate with the federal, state, or local, public or semi-public agencies or private individuals or corporations, and carry out cooperative undertakings with said agencies, individuals, or corporations.

(c)

Prepare or cause to be prepared a comprehensive plan or parts thereof, for the development of Jackson County or parts thereof, which shall be subject to the approval of the Jackson County Board of Commissioners in accordance with the Georgia Planning Act of 1989.

(d)

Review and recommend for adoption by the Jackson County Board of Commissioners zoning ordinances, regulations for the subdivision of land, and any other land use regulations appropriate to manage development in the county.

(e)

To administer zoning and other land use regulations in whatever role is delegated to it by the Jackson County Board of Commissioners or as provided in this UDC. The planning commission shall have authority and responsibility to review applications for zoning map amendments or applications for special use approval and other related applications and provide a recommendation to the Jackson County Board of Commissioners.

(f)

To exercise, in general, such other powers as may be necessary to enable it to perform its functions and promote the planning of its jurisdiction.

(Ord. No. 17-003, § 1, 10-2-2017)

The Jackson County Planning Commission, as it existed on the effective date of this UDC adoption, shall continue in its present form and function. Thereafter, changes to the composition of the planning commission shall be governed by this division.

(Ord. No. 17-003, § 1, 10-2-2017)

(a)

The planning commission shall consist of five members, all of whom shall be residents of Jackson County. Each member shall be appointed by a member of the board of commissioners. The terms of the members shall be for four years. Each member of the board of commissioners shall be allocated one appointment to the planning commission. Each appointee is subject to approval by, and may be removed for cause, by a majority vote of the Jackson County Board of Commissioners, in a public meeting. Any vacancy in membership shall be filled for the remainder of the term in the same manner as the original appointment.

(b)

If a member of the board of commissioners cannot provide a planning commission member or fails to appoint one within 30 days of taking office, or if any seat of the board of commissioners is vacant at the time an appointment is necessary, another elected official may offer a candidate, subject to approval by a majority vote of the board of commissioners. The vacating of any seat of the board of commissioners for any reason shall not affect the remaining term of the planning commission member appointed by an elected official who vacates his or her office.

(Ord. No. 17-003, § 1, 10-2-2017)

A quorum shall be required to be present for the planning commission to function and decide matters that comes before it. All meetings of the planning commission shall require a quorum of not less than three voting members. Each motion must receive an affirmative vote from a majority of members present to pass the planning commission.

(Ord. No. 17-003, § 1, 10-2-2017)

The members of the planning commission shall elect a chairperson of the planning commission. The term of office for the chairperson is one year. An officer that has served a full one year term may succeed himself/herself. The chairperson shall preside at meetings of the planning commission, decide all points of order and procedure, represent the planning commission at official functions, appoint committees to investigate and report on matters which may come before the commission, and be responsible for carrying out policy decisions. In the event of the resignation or removal of the chairperson, the members shall elect an individual from the commission to fill the remainder of the unexpired term.

(Ord. No. 17-003, § 1, 10-2-2017)

The Board of Commissioners of Jackson County shall have the authority to remove any appointed member(s) for cause at any time upon giving such member(s) ten days' written notice. No member of the planning commission shall hold elected public office in the county. Grounds for removal for cause shall include, but not be limited to, missing three or more meetings in a calendar year.

(Ord. No. 17-003, § 1, 10-2-2017)

(a)

Disclosure. Any member of the planning commission who has a property interest in any real property affected by a rezoning action to be considered by the board of commissioners, or has a financial interest in any business entity which has a property interest in any real property affected by a rezoning action to be considered by the board of commissioners, or who has a family member with such a real property interest or financial interest in a business entity, pursuant to O.C.G.A. § 36-67A-2, shall immediately disclose the nature and extent of such interest, in writing, to the board of commissioners.

(b)

Disqualification. The planning commissioner who has an interest as defined in this section shall disqualify himself from voting on the rezoning action. The disqualified planning commissioner shall not take any other action on behalf of himself or any other person to influence action on the application. The disclosures required by this section shall be a public record and available for public inspection at any time during normal working hours. A member of the planning commission may raise the question of conflict of interest of another member regarding a specific issue that is before the planning commission. A majority vote of those planning commissioners without such conflict shall determine if such conflict does exist.

(Ord. No. 17-003, § 1, 10-2-2017)

(a)

All meetings of the planning commission shall be open to the public and all records of the planning commission shall be public record.

(b)

The planning commission may adopt bylaws which establish regular meeting dates, procedures for calling special meetings, and other matters relating to meeting procedures which shall not be inconsistent with this division or public hearing procedures established in article 13 of this UDC.

(c)

Unless otherwise specified by the planning commission, regular meetings of the planning commission shall be held on the fourth Thursday of each month at 6:00 p.m.

(d)

The planning commission shall hold regular meetings unless it is notified by the public development director or designee that there is no business to conduct, in which case the chairperson may cancel the regular meeting.

(e)

No meeting shall be held unless 48 hours' notice thereof has been provided to each member.

(f)

If special meeting are called by the chairperson, the purposes(s) of the special meeting shall be stated and no other business may be conducted at such special meeting.

(Ord. No. 17-003, § 1, 10-2-2017)

(a)

The Jackson County Board of Commissioners finds that it is in the best interests of their citizens to strongly encourage newly appointed members of the planning commission during the course of their term of appointment to attend one or more courses of training and education on matters pertaining to the operations, activities, duties, and subject matters of planning commissions.

(b)

It shall be the responsibility of the public development director or designee to periodically notify members of the planning commission of appropriate education and training opportunities encouraged in this section.

(Ord. No. 17-003, § 1, 10-2-2017)

The general purpose of the board of adjustment shall be carry out the responsibilities for reviewing and deciding on appeals of administrative decisions, variances, and special exceptions as specified in article 14 of this UDC.

(Ord. No. 17-003, § 1, 10-2-2017)

The board of adjustment shall have all those duties necessary and reasonably implied as being necessary to carry out its duties as specified in this UDC.

(Ord. No. 17-003, § 1, 10-2-2017)

The Jackson County Board of Adjustment, as it existed on the effective date of this UDC adoption, shall continue in its present form and function. Thereafter, changes to the composition of the board of adjustment shall be governed by this division.

(Ord. No. 17-003, § 1, 10-2-2017)

(a)

The board of adjustment shall consist of five members, all of whom shall be residents of Jackson County. Each district commissioner shall have one appointment to the board. The planning commission shall appoint from among its membership a fifth member of the board. The terms of the members shall be for four years. Each appointee is subject to approval by, and may be removed for cause, by a majority vote of the Jackson County Board of Commissioners, in a public meeting. Any vacancy in membership shall be filled for the remainder of the term in the same manner as the original appointment.

(b)

If a member of the board of commissioners cannot provide a board of adjustment member or fails to appoint one within 30 days of taking office, or if any seat of the board of commissioners is vacant at the time an appointment is necessary, another elected official may offer a candidate, subject to approval by a majority vote of the board of commissioners. The vacating of any seat of the board of commissioners for any reason shall not affect the remaining term of the board of adjustment member appointed by an elected official who vacates his or her office.

(Ord. No. 17-003, § 1, 10-2-2017)

A quorum shall be required to be present for the board of adjustment to function and decide matters that comes before it. All meetings of the board of adjustment shall require a quorum of not less than three voting members. Each motion must receive three affirmative votes to pass in the board of adjustment, regardless of members present. In the event any motion fails to receive at least two affirmative votes from the members of the board of adjustment, the motion shall fail.

(Ord. No. 17-003, § 1, 10-2-2017)

The members of the board of adjustment shall elect a chairperson of the board. The term of office for the chairperson is one year. An officer that has served a full one year term may succeed himself/herself. The chairperson shall preside at meetings of the board of adjustment, decide all points of order and procedure, represent the board of adjustment at official functions, appoint committees to investigate and report on matters which may come before the board, and be responsible for carrying out policy decisions. In the event of the resignation or removal of the chairperson, the members shall elect an individual from the commission to fill the remainder of the unexpired term.

(Ord. No. 17-003, § 1, 10-2-2017)

The Board of Commissioners of Jackson County shall have the authority to remove any appointed member(s) for cause at any time upon giving such member(s) ten days' written notice. No member of the board of adjustment shall hold elected public office in the county. Grounds for removal for cause shall include, but not be limited to, missing three or more meetings in a calendar year.

(Ord. No. 17-003, § 1, 10-2-2017)

(a)

Disclosure. Any member of the board of adjustment who has a property interest in any real property affected by an action to be considered by the board of adjustment, or has a financial interest in any business entity which has a property interest in any real property affected by an action to be considered by the board of adjustment, or who has a family member with such a real property interest or financial interest in a business entity, pursuant to O.C.G.A. § 36-67A-2, shall immediately disclose the nature and extent of such interest, in writing, to the board of commissioners.

(b)

Disqualification. The board member who has an interest as defined in this section shall disqualify himself from voting on the action. The disqualified board member shall not take any other action on behalf of himself or any other person to influence action on the application. The disclosures required by this section shall be a public record and available for public inspection at any time during normal working hours. A member of the board of adjustment may raise the question of conflict of interest of another member regarding a specific issue that is before the board. A majority vote of those board members without such conflict shall determine if such conflict does exist.

(Ord. No. 17-003, § 1, 10-2-2017)

(a)

All meetings of the board of adjustment shall be open to the public and all records of the board of adjustment shall be public record.

(b)

The board of adjustment may adopt bylaws which establish regular meeting dates, procedures for calling special meetings, and other matters relating to meeting procedures which shall not be inconsistent with this division or public hearing procedures established in article 13 of this UDC.

(c)

Unless otherwise specified by the board of adjustment, regular meetings of the board of adjustment shall be held on the first Thursday of each month at 6:00 p.m.

(d)

The board of adjustment shall hold regular meetings unless it is notified by the public development director or designee that there is no business to conduct, in which case the chairperson may cancel the regular meeting.

(e)

No meeting shall be held unless 48 hours' notice thereof has been provided to each member.

(f)

If special meeting are called by the chairperson, the purposes(s) of the special meeting shall be stated and no other business may be conducted at such special meeting.

(Ord. No. 17-003, § 1, 10-2-2017)

(a)

The Jackson County Board of Commissioners finds that it is in the best interests of their citizens to strongly encourage newly appointed members of the board of adjustment during the course of their term of appointment to attend one or more courses of training and education on matters pertaining to the operations, activities, duties, and subject matters of boards of zoning appeals and boards of adjustment.

(b)

It shall be the responsibility of the public development director or designee to periodically notify members of the board of adjustment of appropriate education and training opportunities encouraged in this section.

(Ord. No. 17-003, § 1, 10-2-2017)