There is hereby created, simultaneous with enactment of this ordinance, the Macon County Zoning Commission and the office of the Zoning Administrator of Macon County.

Created. Pursuant to Article IX, section 2, paragraph 4 of the Constitution of Georgia the Macon County Zoning Commission (hereinafter referred to as the "zoning commission") is hereby created and established.

The zoning commission shall consist of five (5) members who meet the following requirements: Must be a resident of Macon County for at least five (5) years; have a high school diploma or GED equivalent, and pass a criminal background check. None of the zoning commission members shall hold any other public office. Zoning Commission members may be removed for cause, upon written charges, and after public hearing. Any member of the zoning commission shall be disqualified to act upon a matter before the zoning commission with respect to property or adjacent property in which the member has an interest.

Three members shall constitute a quorum for the transaction of business.

The terms of the members shall be for four years; except in the appointment of the first zoning commission pursuant to this article, three of the members shall be appointed for four year terms and two members shall be appointed for two year terms. Any vacancy in membership shall be filled for the unexpired term in the same manner as the initial appointment.

The zoning commission members shall receive compensation as set by the Board of Commissioners for their service (see addendum) and they may be reimbursed for out-of-pocket expenditures made in connection with their duties.

Chairman. The zoning commission shall elect one of its members as chairman, who shall serve for one year or until his successor is elected.

Administrative assistance. The county commission shall provide such technical, administrative, and clerical assistance as is needed by the board to carry out its function under the provisions of these regulations.

Zoning Administrator. The individual occupying this office shall administer said ordinance in cooperation with the Macon County Zoning Commission and the Macon County Board of Commissioners.

1.

Appointment. The Zoning Administrator shall be appointed by the Macon County Board of Commissioners.

2.

Duties and authority. In administering the provisions of this ordinance the Zoning Administrator shall:

2.1

Serve as Administrative Secretary to the Zoning Commission.

2.2

Establish a system with which to maintain public records concerning the administration of this ordinance, including all maps, amendments, certificates of zoning compliance, conditional uses, variances, records of public hearings, other records relevant hereto, and see that such records and documents are maintained in current status.

2.3

Issue certificates of zoning compliance for all permitted uses, for conditional uses and variances recommended by the Zoning Commission and approved by the Macon County Board of Commissioners.

2.4

Collect data and keep informed on matters of zoning administration and practice in order to make sound recommendations to the Zoning Commission.

2.5

Undertake other duties as may from time to time be delegated or assigned by the Macon County Board of Commissioners.

After due notice and public hearing the Macon County Board of Commissioners may supplement, modify, vary or change the boundaries of the zoning districts or the requirements of this resolution by adopting amendments to the zoning map or text.

1.

Initiation of Amendment. Amendments to the zoning map or text may be proposed by the Board of Commissioners, the Zoning Commission, or by any owner of property within the area proposed for change.

2.

Procedure. An application for amendment shall be filed with the office of the Zoning Administrator at least thirty (30) days prior to the date on which the request is to be considered by the Zoning Commission.

3.

Review by the Zoning Commission. No amendment shall become effective unless it shall have been reviewed, and a public hearing held, by the Zoning Commission. The Zoning Commission shall have thirty (30) days following the public hearing within which to submit a recommendation to the Board of Commissioners. If the Zoning Commission fails to submit a recommendation to the Board of Commissioners within thirty (30) days after the public hearing, the Zoning Commission shall be deemed to have approved the proposal.

***Approval of all text and/or map amendments must be formally approved by the Macon County Board of Commissioners.

4.

Public hearing. The Zoning Commission shall hold a public hearing on an application for amendment. Notice of the time and place shall be published at least fifteen (15) days but not more than forty-five (45) days before the hearing in a newspaper of general circulation in Macon County.

5.

Fee. Each application for rezoning by amendment shall be accompanied by an application fee in the amount established by the Macon County Board of Commissioners to partially defray administrative costs.

6.

Minimize time between applications. A property owner shall not resubmit a proposal of zoning amendment affecting the same property more than once in a six-month period, unless the applicant can show that the conditions upon which the previous denial were based have substantially changed.

Policies and Procedures are herein established to provide guidelines for the following zoning activities.

1.

Adoption of a new County Zoning Ordinance.

2.

Adoption of an amendment which changes the text of the ordinance (Text Amendment).

3.

Adoption of an amendment which rezones property from one zoning classification to another. (Map Amendment)

4.

Procedural requirements for amendments sponsored by the Macon County Board of Commissioners.

5.

Procedural requirements for amendments sponsored by a property owner or agent.

1.

In the case of amendments to the text or map of this ordinance, the Zoning Commission and the Board of Commissioners will, where appropriate, utilize any new or existing land use studies, land use plans or other relevant documents as a resource. The Macon County Board of Commissioners will hold at least one public hearing on any proposed amendment to this ordinance.

2.

Public hearing notices will be published within a newspaper of general circulation within Macon County at least one time and at least (15) fifteen days prior to the official public hearing date. The public notice will state the time, place, and purpose of the hearing.

3.

Public hearings will be convened at the advertised time and place and will be presided over by the appropriate official.

4.

The presiding officer of each respective public hearing will open the hearing by reviewing the following operating procedures.

5.

Individuals wishing to address the Zoning Commission and County Commission at their respective hearings must first be recognized by the presiding officer for the purpose of speaking. Those addressing the Commission must first identify themselves by first and last names, and give their home road address, and where appropriate, business road address.

6.

The presiding officer shall recognize one representative to speak on behalf of those supporting the question before the Commission for a time not to exceed fifteen (15) minutes.

7.

The presiding officer shall recognize one representative to speak on behalf of those opposing the question before the Commission for a time not to exceed fifteen (15) minutes.

8.

The presiding officer shall then grant a three (3) minute rebuttal to one spokesman supporting the question.

9.

The presiding officer shall then grant a three (3) minute rebuttal to one spokesman opposing the question.

10.

Appropriate notes or minutes will be recorded by the Zoning Commission and the County Commission at their respective public hearings.

11.

The Zoning Commission shall prepare and submit the necessary minutes, evaluations and/or recommendations to the County Commission prior to the County Commission's Public Hearing.

12.

The County Commission, at its public hearing, will review the evaluation and recommendations from the Zoning Commission and may choose to adopt, reject or modify the Zoning Commission recommendations, or the business may be tabled to the next regular County Commission meeting for additional study.

1.

An application for rezoning must be filed with the Zoning Administrator on a prescribed form, accompanied by an application fee in the amount established by the Macon County Board of Commissioners. The application shall be filed at least thirty (30) days prior to the meeting of the Zoning Commission at which the application is to be presented.

2.

The Zoning Administrator will inform the applicant of the public hearing date. The Zoning Commission will convene a public hearing on each application at the date, time and location advertised. The public notice will appear at least one time in a newspaper of general circulation no less than 15 days nor more than 45 days prior to the public hearing.

3.

The public hearing notice will name the applicant, the location of property to be affected, the present zoning class, the proposed zoning class and the date, time and place of both the Zoning Commission hearing and the public hearing held by the Macon County Board Commissioners.

4.

The Zoning Administrator shall have erected upon the property for which rezoning is to be considered a sign of no less than 17" X 24" announcing the public hearings, stipulating the dates, times, and places for the two hearings, the present zoning class and the proposed zoning class. The sign shall be clearly visible from a public road and shall be erected not less than 15 days before the Zoning Commission hearing date.

5.

Public hearings held by the County Commission will follow essentially the same procedures as those of the Zoning Commission.

***Approval of all rezoning of property requests must be formally approved by the Macon County Board of Commissioners.

6.

Any application for rezoning of a particular parcel of property which is denied by the Board of Commissioners may not again be considered for rezoning until the expiration of at least six (6) months immediately following the defeat of the rezoning request.

7.

Persons requesting any actions taken regarding rezoning of an area or parcel (including but not limited to, zoning changes, variances, condition uses, etc.) must be the owner of said property or an authorized legal representative of the property owner. This provision does not apply to county initiated zoning changes.

Decisions of whether to approve or deny a petition to rezone property shall be based on the following criteria. These criteria are established to assist the Zoning Commission and Board of Commissioners in balancing the interests of the public with the interests of the private property owner:

1.

Does the proposed zoning classification promote the health, safety, morals and general welfare of Macon County?

2.

The existing uses of the subject property and adjacent and near properties.

3.

The current zoning of the subject property and adjacent or near properties.

4.

The extent to which property values are diminished by the present zoning restriction.

5.

The extent to which the restrictions diminishing the property's value promote the health, safety, morals and general welfare of the public.

6.

The relative gain to the public compared to the extent of hardship imposed upon the individual property owner (in retaining the current zoning designation).

7.

The suitability of the subject property for the zoned purposes.

8.

The history of the use of the subject property considered in the context of land developments in the vicinity of the property.

9.

Conformity with the Macon County Future Land Use Plan.

The Zoning Commission may recommend to the Board of Commissioners approval of a petition to rezone provided the applicant agrees to certain specified conditions related to the proposed rezoning. The Board of Commissioners will make the final decision. The procedures and application process are the same as in Section 10—Procedures for Rezoning Request by a Citizen or Property Owner. The sign posted on-site of the subject property shall include any conditions, requirements or limitations deemed by the Zoning Commission to be necessary for protection of adjacent properties and the community as a whole and to carry out provisions of this ordinance.

***Approval of all Conditional Uses requests must be formally approved by the Macon County Board of Commissioners.

An application to establish a conditional use shall be approved following a review by the Zoning Commission and a determination by the Macon County Board of Commissioners that:

1.

The proposed use will not be contrary to the purpose(s) of this ordinance;

2.

The proposed use will not be detrimental to the use or development of adjacent properties or the general neighborhood, nor affect adversely the health and safety of residents and workers;

3.

The proposed use will not constitute a nuisance or hazard because of the number of persons who will attend or use such facility, vehicular movement, noises or fumes generation or type of physical activity; however, as noted in Article IV, Sections 1 and 4, some odors, noise, etc. is inherent in agricultural activities, and this ordinance is intended to promote the continuance of a healthy agribusiness presence in the county. To assist in determining whether or not a proposed use is a significant nuisance, the Zoning Commission should take into consideration whether or not the applicant has been in compliance with published Best Management Practices for the activity considered. Strict conformance to applicable BMPs should be recognized as adequate measures in most cases to offset nuisance concerns.

4.

The proposed use will not be affected adversely by the existing uses, and the proposed use will be placed on a lot of sufficient size to satisfy the space requirements of said use;

5.

Parking and all development standards set forth for each particular use for which a permit may be granted have been met; and

6.

Provided, the Board of Commissioners may impose or require such additional restrictions and standards as may be necessary to protect the health and safety of workers and residents in the community and to protect the value and use of property in the general neighborhood, provided that, wherever the County Commission shall find, in the case of any permit granted pursuant to the provisions of these regulations, that any term, conditions or restrictions upon which such permit was granted are not being complied with, said Commission shall rescind and revoke such permit after giving due notice to all parties concerned and granting full opportunity for a public hearing.

1.

This section describes the process for addressing unusual situations or unique problems that may arise from the strict interpretation or enforcement of this Zoning Ordinance, including appeals from an administrative decision, for a special exception, and for unique hardships restricting reasonable use of a property. The Zoning Commission may grant specified variances from the requirements of the ordinance. The Zoning Commission shall have the power to authorize a variance from the terms of this ordinance where a literal enforcement of the zoning requirements would result in undue hardship, but where exercise of such authority is not contrary to the public interest. A Variance Request Report shall be provided to the Board of Commissioners within fifteen (15) days of the request. If there is no objections made by the Board of Commissioners the variances will become effective within thirty (30) days.

2.

Appeals, in general.

2.1

Types of Appeals. Persons may appeal to the Zoning Committee for relief under the following circumstances:

a.

Special exception variance. When an exception is desired for a particular property from certain requirements of this Ordinance, as specified in this Article.

b.

Hardship variance. When compliance with the requirements of the Zoning Ordinance would create a particular and unique hardship.

c.

Administrative decision. When aggrieved by an action or an interpretation of the Building Inspector or any other administrative official of the County made under this Zoning Ordinance. An administrative official is defined as the head of any department.

3.

Special Exception Variances.

3.1

Appellant for a special exception variance. A request for a special exception variance on a property shall be brought by the property owner or with the owner's permission, the holder of or applicant for a permit for development or construction on the property.

3.2

General limitations on relief. Special exception variances shall be limited to relief from the following requirements of this Ordinance:

a.

Accessory uses and buildings.

(a.1)

The maximum allowable size of an accessory building may be increased with regard to its proportion of the floor area in the principal building.

(a.2)

The placement or construction of an accessory use or building on a lot prior to or in lieu of a principal use or building may be authorized.

b.

Minimum yard setbacks for principal buildings and accessory structures or uses.

c.

Maximum building height.

d.

Minimum floor area requirements for dwellings.

e.

Maximum height of a fence.

f.

Minimum lot width.

g.

Minimum separation between agricultural and non-agricultural uses.

h.

Public street frontage.

i.

Buffers and screening.

j.

Signage, in accordance with a uniform sign plan.

k.

Minimum parking requirements, such as the number of spaces or improvement standards.

l.

Inter-parcel access requirements, such as the number of spaces or improvement standards.

m.

Minimum separation between driveways serving a single property.

n.

The number of non-resident employees working in a home-based business.

o.

The recombination of adjoining nonconforming lots.

4.

Administrative Approval.

4.1

Special exception variances shall be considered by the Zoning Committee unless the variance is approved administratively. Only those variances listed in this subsection, below, and within the parameters stated, may be considered for administrative approval.

4.2

The Building Official, upon finding that a special exception variance listed below meets the standards for approval contained in Section 14 may (but is not required to) administratively approve such special exception variance within and not exceeding the following parameters:

4.3

Minimum Yard Setbacks.

a.

Not to exceed a reduction in the minimum setback required by 10%, except the front setback may be reduced or waived for a multi-family or nonresidential use if the parking is located in the side or rear yards.

b.

For a legal nonconforming lot of record, the Zoning Administrator may reduce the minimum required setbacks up to 20% in accordance with the provisions for such lots under ARTICLE XVIII.

(1)

Maximum building height within (RP), (R-1), (R-2), (R-3), (RVP), (C-1), (C-2), (CH) not to exceed an additional 4 feet above the maximum allowed.

(2)

Maximum building height within (I), (AG-1), or (AG-2) not to exceed an additional 25 feet above the maximum allowed.

(3)

Automobile parking requirements. Not to exceed a change by more than 20% in the number of spaces required.

4.4

Standards for approval of a special exception variance. A special exception variance may be granted by the Zoning Committee upon a finding that the relief, if granted:

a.

Would not cause substantial detriment to the public good; and

b.

Would comply with all fire safety, utility and environmental health code requirements; and

c.

Would not be injurious to the use and enjoyment of the environment or of other property in the immediate vicinity; and

d.

Would not diminish and impair property values within the surrounding neighborhood; and

e.

Would not impair the purpose and intent of this Ordinance.

4.5

If denied, an application for the same special exception variance affecting the same property shall not be reconsidered for a period of 12 months from the date of denial; provided, however, that the Zoning Committee may reduce the waiting period under extenuating circumstances or on its own motion.

4.6

In no case shall a special exception variance be granted if a conditional use of the property has been approved through a zoning change granted by the Board of Commissioners.

5.

Hardship Variances.

5.1

Appellant for a hardship variance. A request for a hardship variance on a property shall be brought by the property owner or, with the owner's permission, the holder of or applicant for a permit for development or construction on the property.

5.2

Hardship Variances, in general.

a.

Relief from the application of the provisions of this Ordinance may be granted by the Zoning Committee in specific cases upon a finding that:

(1)

Compliance with such provision will result in a hardship to the property or owner that is substantially unwarranted by the protection of the public health, safety or general welfare, and the need for consistency among all properties similarly zoned; and

(2)

The spirit of the regulations shall be observed, public safety and welfare secured, and substantial justice done.

b.

Such relief may be granted only to the extent necessary to alleviate such unnecessary hardship and neither as a convenience to the applicant nor to gain any advantage or interest over similarly zoned properties.

c.

The existence of a nonconforming use or special use of neighboring land, buildings or structures in the same zoning district or of permitted uses, special uses or nonconforming uses in other zoning districts shall not constitute a reason for approval of the requested variance.

5.3

Standards for Approval of a Hardship Variance. A hardship variance may be granted in whole or in part, or with conditions, in such individual case of unnecessary hardship upon a finding by the Zoning Committee that:

a.

There are extraordinary and exceptional conditions pertaining to the particular property in question because of its size, shape, or topography; or

b.

The application of the Ordinance to the particular property would create an unnecessary hardship and would deprive the applicant of rights commonly enjoyed by other property owners within the district in which the property is located; or

c.

There are physical conditions that are peculiar to the property involved which adversely affect its reasonable use or usability as currently zoned; and

d.

Relief, if granted, would not cause substantial detriment to the public good or impair the purpose and intent of this Ordinance. In no case shall a hardship variance be granted for any of the following:

5.4

If denied, an appeal for the same hardship variance affecting the same property shall not be reconsidered for a period of 12 months from the date of denial; provided, however, that Zoning Committee may reduce the waiting period under extenuating circumstances or on its own motion.

5.5

In no case shall a hardship variance be granted for any of the following:

a.

To address a condition or circumstance created by the applicant, including the result of an unwise investment decision or real estate transaction.

b.

To change the conditions of approval imposed through a rezoning granted by the County Commission.

c.

To reduce the minimum lot size required by the zoning district that is applicable to the property. For relief for nonconforming lots, see ARTICLE XVIII.

d.

To allow a use of land, buildings or structures that is not allowed by the zoning district that is applicable to the property.

e.

To increase the number of dwelling units or nonresidential building floor area otherwise permitted by the zoning district that is applicable to the property.

6.

Process for Granting a Variance. Variance Application and Initial Actions.

6.1

An application for a special exception or hardship variance shall include such descriptions, maps or drawings as needed to clearly illustrate or explain the relief requested. The Zoning Administrator may request such additional information from the appellant as necessary to provide a full understanding of the appellant's request.

6.2

Following receipt of a complete application for a variance, the Zoning Administrator shall assemble such memos, papers, plans, or other documents as may constitute the record for the appeal or as may provide an understanding of the issues involved.

6.3

Once the record has been assembled, the Zoning Administrator will:

a.

Review special exception variance applications that are eligible for administrative approval and shall exercise discretion as the Zoning Administrator deems appropriate in approving those that comply with the review standards;

b.

Schedule unresolved variance requests for consideration at the next meeting of the Zoning Commission for which adequate public notice can be given; and

c.

Send a letter by first class mail to the applicant or his attorney notifying the appellate of either 1) administrative resolution of the matter or 2) the date, time and place of the public hearing.

7.

Public Notice. Procedure Applications for variance shall be filed with the Office of the Zoning Administrator; such application must be filed thirty (30) days before the date of the following Zoning Commission meeting in order that the required public notice may be given before the next scheduled meeting. The notice shall state the time, place and purpose of the hearing; and shall include the location of the property and the nature of the requested action.

7.1

A simple sketch of the site, showing the following shall accompany each application:

7.2

General location of existing structures and property lines.

a.

Location of proposed buildings and land use.

b.

Setbacks if applicable to the request.

c.

Public hearing. A public hearing shall be held by the Zoning Commission for the review of an application for a variance. Notice of the time and place of such hearing shall be published at least fifteen (15) days before the hearing in a newspaper of general circulation in Macon County.

d.

Fee Each application for a variance shall be accompanied by an application fee in the amount established by the Macon County Board of Commissioners to partially defray administrative costs.

e.

Conditions and limitations. The Zoning Commission shall include any condition, requirement or limitation which may be necessary to protect adjacent properties and to carry out the provisions of this resolution.

8.

Sufficiency of Public Notice.

8.1

Where published notice is given in accordance with this subsection and a sign has been posted in accordance with this subsection, no further notice to interested parties or adjacent or nearby property owners is required.

8.2

Appearance of a person at a public hearing shall constitute a waiver of any claims by such person based upon improper publication of notice or posting on the property by such person.

9.

Withdrawal. Any appellant wishing to withdraw an appeal prior to the meeting of the Zoning Commission shall file a written request for such withdrawal with the Planning Director. The appeal shall thereupon be removed from the Board's agenda and the request shall have no further effect.

10.

Attendance Requirements. The appellant or representative of the appellant shall be required to attend all public hearings on the appeal. The failure to attend may result in dismissal of the appeal, denial of the appeal, or continuance of the hearing at the Zoning Commissions sole discretion. Failure of the appellant or appellant's representative to appear at a deferred or rescheduled hearing shall result in automatic dismissal of the appeal.

11.

Zoning Commission Variance Public Hearing.

11.1

Procedures, in general.

a.

The Chair of the Zoning Commission or his/her designee, who shall act as the presiding official, shall convene the public hearing at the scheduled time and place.

b.

The presiding official may administer oaths and compel the attendance of witnesses by subpoena.

c.

At the public hearing, the appellant may appear in person or may be represented by counsel or other designated person.

d.

The presiding official shall conduct the public hearing informally, as strict adherence to the rules of evidence is not required. The goal is a fair hearing.

e.

All parties participating in the public hearing shall introduce only relevant evidence.

f.

All parties participating shall have the right to present witnesses and to cross-examine witnesses.

g.

Transcription.

(1)

The public hearing shall be tape recorded by the staff to the Zoning Commission, either by videotape or by audiotape, in order to provide a verbatim record of the hearing.

(2)

The appellant, at the appellant's expense, may have the public hearing transcribed by a court reporter.

h.

Time Limitations.

(1)

The presiding officer, in his or her discretion, may impose time limitations on comments of each person, provided that no less than ten minutes shall be allowed collectively for all those speaking in support of the proposed variance and no less than ten minutes shall be allowed collectively for all those speaking against the proposed variance.

i.

Delay, rescheduling or continuation of hearing.

(1)

Public hearings may be delayed, rescheduled or continued to another time and date, provided announcement is given at the time and place of the scheduled hearing, of the new time, place and date of the rescheduled public hearing, which announcement shall constitute public notice for the hearing.

11.2

Opening the Hearing.

a.

The presiding official shall open the public hearing by stating the matter being considered at the hearing. At this time, the presiding official may summarize the public hearing procedures.

b.

The Zoning Administrator shall submit the assembled record of the variance request to the Zoning Committee. The Zoning Administrator shall provide such information or explanation as appropriate to the circumstances of the appeal.

11.3

Proponents of Proposal.

a.

Persons who support the proposal will be asked to comment first. The appellant or the appellant's representative may, upon recognition and upon statement of name, address and relationship to the matter, present and explain the proposal.

b.

The appellant shall have the burden of proof, which shall include the presentation of evidence and the burden of persuasion of each factor necessary to receive approval of the Zoning Committee.

c.

After completion of the presentation of the appellant, other persons who support the proposal will be asked to comment, and will be allowed to speak in support of the proposal upon recognition and upon identification of the person's name, address, and relationship to the matter.

11.4

Persons Opposing Variance. Persons who oppose the variance request will next be asked to comment. Each interested person, after being recognized, and providing their name, address and relationship to the matter shall be afforded an opportunity to address the proposal.

11.5

Rebuttal. The appellant shall have an opportunity for rebuttal concerning the proposed application. Rebuttal must be limited to points or issues raised by opponents to the application at the hearing.

11.6

Discussion.

a.

Staff Recommendation. All public comments having been heard, the Zoning Administrator shall submit preliminary findings of fact for consideration by the Zoning Committee. Such findings of fact shall address the standards for approval required by this Division for the type of variance requested and pertinent to the particular case.

b.

The members of the Zoning Committee may discuss the matter among themselves. During this discussion period, the board members may call on the proponent or other persons to clarify points made previously, to answer questions or to provide additional information. Such persons may respond upon recognition.

11.7

Closing the Public Hearing. Upon conclusion of the hearing, the presiding officer shall adjourn the hearing. No further comments or presentations by the proponents or opponents of the variance request shall be allowed.

12.

Variance Decisions by the Zoning Committee.

12.1

Decision.

a.

After the public hearing is closed, the Zoning Committee shall make a decision and adopt reasons supporting the decision. Such reasons shall be in writing and in the form of findings of fact.

b.

In taking action on a variance request, the Board of Appeals may:

(1)

Approve, approve with conditions, or deny the request; or

(2)

Dismiss the variance request due to the nonattendance of the appellant of the appellant's representative; or

(3)

Continue the variance request for consideration at its next scheduled meeting or special called meeting; or

(4)

Allow withdrawal of the variance at the request of the appellant.

12.2

Conditional Approval. In approving a variance, the Zoning Committee may impose conditions of approval that it deems necessary in order to make the requested action acceptable and consistent with the purposes of this Ordinance and of the zoning district(s) involved, to ameliorate negative issues identified through evaluation of the variance, or to further the goals and objectives of any County adopted plans.

12.3

Notification. Once a decision is made, the staff to the Zoning Committee shall inform the appellant in writing of its findings of fact and its decision within 10 working days of the date of the decision.

12.4

Failure to Act. If the Zoning Committee fails to make a decision by its second regularly scheduled meeting after the date of the public hearing, the variance request shall be deemed to have been denied unless the applicant has consented in writing to an extension of the deadline, in which event the deadline shall be deemed to be extended to the date provided in the written consent of the applicant.

12.5

Decision Final. The decision of the Zoning Committee shall be final and may be appealed only to a court of competent jurisdiction. Such appeal must be taken within 30 calendar days of the decision of the Zoning Committee.

1.

Appellant. Any person aggrieved by an alleged error in any order, requirement, decision or determination made in the interpretation or enforcement of this Ordinance by the Planning Director or any other department head of the County may initiate an appeal directly to the Board of Commissioners.

2.

Initiation of Administrative Appeal.

2.1

An administrative appeal shall be taken within 30 days of the action or interpretation appealed from, by filing the appeal in writing with the Zoning Administrator specifying the grounds of the appeal. The Planning Director shall transmit a notice of said appeal to the Board of commissioners specifying the grounds thereof.

2.2

The Zoning Administrator may initiate an administrative appeal independently when an interpretation or clarification of the meaning of words or phrases, of the particular boundaries of a zoning district, or of any other provision of this Ordinance is needed.

[3.]

Temporary Suspension of Legal Proceedings. An appeal of an administrative decision stays all legal proceedings in furtherance of the action appealed from, unless the administrative official from whom the appeal is made certifies to the Board of Commissioners, after the notice of appeal shall have been filed., that by reason of facts stated in the certificate a stay would, in such administrator's opinion, cause imminent peril to life or property. In such case, proceedings shall not be stayed otherwise than by a restraining order granted by a court of competent jurisdiction, due cause having been shown.

4.

Action by the Board of Commissioners.

4.1

Upon receiving a notice of an administrative appeal, the Zoning Administrator shall assemble such memos, papers, plans or other documents as may constitute the record for the appeal or as may provide an understanding of the issues involved.

4.2

The Zoning Administrator shall:

a.

Transmit the administrative appeal request and all related documentation to the Board of Commissioners such that the administrative appeal request can be considered by the Board at their next regularly scheduled meeting following no less than two weeks after the filing of the appeal with the Zoning Administrator.

b.

Send a letter by first class mail to the appellant or his attorney notifying the appellant of the date, time and place of the Board of Commissioners' meeting.

4.3

At the designated meeting, the Board of Commissioners shall provide an opportunity for all persons interested in the appeal to be heard. Time limits on proponents and opponents may be imposed as the Chairman of the Board may deem necessary.

4.4

The Board of Commissioners, depending on the subject of the appeal, may:

a.

Decide appeals from any order, determination, decision or other interpretation by any person acting under authority of this Ordinance, where a misinterpretation or misapplication of the requirements or other provisions of this Ordinance is alleged.

b.

Interpret the use of words or phrases within the context of the intent of this Ordinance.

c.

Determine the boundaries of the various zoning districts where uncertainty exists.

d.

Interpret such other provisions of this Ordinance as may require clarification or extension in specific or general cases.

4.5

Decisions of the Board of Commissioners. In exercising its powers on administrative appeals, the Board of commissioners may, in conformity with the provisions of this Ordinance reverse or affirm, wholly or partly, or may modify the order, requirements, decision or determination and to that end shall have all the powers of the official from whom the appeal is taken and may issue or direct the issuance of a permit.

4.6

Notification. Once a decision is made, the Clerk of the Board of Commissioners shall inform the appellant in writing of its decision within 10 working days of the date of adoption of the minutes of the meeting when the decision is made.

4.7

Failure to act. If the Board of Commissioners fails to make a decision by its second regularly scheduled meeting after the date of the meeting at which the appeal is considered, the appeal shall be deemed to have been denied unless the applicant has consented in writing to an extension of the deadline, in which event the deadline shall be deemed to be extended to the date provided in the written consent of the applicant.

4.8

Decision final. A decision of the Board of Commissioners on an administrative appeal shall be final and may be appealed only to a court of competent jurisdiction. Such appeal must be taken with 30 calendar days of the decision of the Board of Commissioners.

The following criteria shall be utilized when considering request for variance from the terms of the ordinance, when approval of such will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of the ordinance will, in an individual case, result in unnecessary hardship, yet maintain the spirit of this ordinance and preserve and secure the public safety and welfare. Such variance may be granted in such individual case of unnecessary hardship upon a finding of the Zoning Commission that:

1.

There are extraordinary and exceptional conditions pertaining to the particular piece of property in question and because of its size, shape or topography;

2.

Strict application of this ordinance to this particular piece of property would create an undue hardship, (e.g. locating a newly required livestock or poultry waste treatment facility in reasonable proximity to a dairy or poultry operation; and

3.

Such conditions are particular to the particular piece of property involved and not the making of the applicant; and

4.

Relief, if granted, would not cause substantial detriment to the public good, or impair the purposes and intent of this ordinance, provided, however, that no variance may be granted for a use of land or building or structure that is prohibited by this ordinance; and

5.

The proposed use will be of such location, size and character that it will be in harmony with the appropriate and orderly development of the surrounding neighborhood; and

6.

The proposed use will be of a nature that vehicular and pedestrian traffic will be no more hazardous than is normal for the district involved; and

7.

The location, size, intensity, site layout and periods of operation of any such proposed use will be designed to eliminate any possible nuisance (dust, noises, fumes, vibration, smoke or lights, etc.) emanating from the use which might be noxious to the occupants of other nearby uses; and

8.

The location and height of buildings or structures and the location, nature and height of walls and fences will be such that the proposed use will not interfere with or discourage appropriate development and the use of adjacent land and buildings, or unreasonably affect their value.

1.

A certificate of zoning compliance issued by the Zoning Administrator, and certifying that the proposed structure, land use, or alteration complies with the provisions of the zoning resolution, is required.

1.1.

Site plan. Each application for a certificate of zoning compliance shall be accompanied by a simple sketch of the site and indicating such information as may be needed to present a record of existing conditions and proposed use including proposed off-road parking and/or loading areas.

1.2.

Time limit. A certificate of zoning compliance shall become invalid after the use authorized is suspended or abandoned for the period of one (1) year.

1.

An appeal by a person, firm, or corporation, or by any officer department, board or bureau may be taken to the Macon County Board of Commissioners where it is alleged that there is an error in any order, requirement, decision or determination made by the Zoning Administrator, Zoning Commission or other administrative official in the enforcement and interpretation of this ordinance. Such appeals shall be made within thirty (30) days of the administrative action by filing with the Macon County Clerk a Notice of Appeal specifying the grounds thereof. If the Notice of Appeal is not filed within the thirty (30) days, the only recourse shall be a court of record.

2.

The County Clerk shall then transmit to the Board of Commissioners all papers constituting the record upon which the appeal was taken. The appeal shall stay all proceedings in furtherance of the action, unless the Zoning Administrator certifies to the Board of Commissioners after the Notice of Appeals has been filed, that by reason of the facts stated in the Notice, a stay would, in the Zoning Administrator's opinion, cause immediate peril to life or property, in which case the proceedings shall not be stayed, other than by a restraining order, which may be granted by a court of record.

3.

The Board of Commissioners shall fix a reasonable amount of time for the hearing of an appeal and shall give due notice to the parties concerned, including all landowners within three hundred (300) feet of the site in question. Such notice shall be delivered personally or by mail, addressed to the respective owners at the address given on the last assessment roll. The Board of Commissioners shall decide the appeal within a reasonable period of time with regard to the purposes of the ordinance. Upon the hearing, any party may appear in person or through their agent.

4.

In the event the petitioner for an appeal remains discontented with the Board of Commissioner's decision on an appeal application; the petitioner shall have thirty (30) days to appeal the action to Macon County Superior Court.

1.

Fees for administration, inspection, application for rezoning, variance or conditional use applications and the issuance of permits or copies thereof required or issued under the provisions of this ordinance shall be collected by the Zoning Administrator in advance of the issuance of such permits.

2.

The fee for rezoning, variance or conditional use application shall be established by the Board of Commissioners to cover the cost of administration, inspection and supervision resulting from the enforcement of this ordinance.

1.

Any person, firm or corporation who violates the provision of this ordinance shall be guilty of a misdemeanor, and upon conviction, shall be punished for each violation, according to the laws of the State of Georgia. Each day a violation continues shall be deemed a separate offense.

2.

In case any building or structure is erected, constructed, reconstructed, altered, repaired, converted, placed, displaced, replaced or maintained, or any building or land is used in violation of this chapter, the Zoning Administrator, or any other appropriate county authority, deputy sheriff or any person who would be damaged by such violation, in addition to other remedies, may institute injunction, mandamus or other appropriate action or proceeding to prevent the violation.

3.

The punishment imposed for any ordinance violation shall not exceed a fine of five hundred dollars ($500.00) or sixty (60) days imprisonment or both, except as otherwise provided by general law, and shall not exceed the maximum punishment specified by this ordinance. (Pursuant to O.C.G.A. § 15-10-60).

4.

Prosecutions for violation of this ordinance, as with other county ordinances, shall be pursuant to article 4 of the Official Code of Georgia Annotated and shall be heard and brought in the Magistrate Court of Macon County pursuant to O.C.G.A. § 15-20-2(4).

This ordinance and the various articles, sections, paragraphs and clauses thereof, are hereby declared to be severable. If any article, section, paragraph or clause is adjudged unconstitutional or invalid, it is hereby provided that the remainder of the ordinance shall not be affected thereby.

All other ordinances of Macon County and parts of ordinances in conflict with this ordinance, to the extent of such conflict and not further, are hereby repealed.

The provisions of this ordinance are hereby declared to be necessary for the preservation of the public peace, health, safety, and welfare of the people of Macon County, and are hereby ordered to be effective on July 1, 2014.

ADDENDUM

APPLICABLE FEES AS APPROVED BY THE
MACON COUNTY BOARD OF COMMISSIONERS

Reference ARTICLE XVII, Section 4 Visibility Clearance

Permit Fees: Signs Only .....$75.00

Reference ARTICLE XIX, Section 6 Compensation

Compensation for Zoning Commission Members .....$50.00 per
meeting
(monthly cap
of $200)

Reference ARTICLE XIX, Section 19 Fees

Permit Application Fee .....$150.00