A public hearing on a proposed amendment to the text of the official zoning resolution or the official zoning maps may be initiated by the board of commissioners or by any other party, according to the following provisions:

101.1.

Application by parties other than the board of commissioners. A party other than a member of the board of commissioners acting in his official capacity may request an amendment in the text of the official zoning resolution or in the official zoning maps for the unincorporated area of the county.

101.1.1.

An amendment to the text of the official zoning resolution or the official zoning maps may be initiated by any party other than the board of commissioners through written application submitted to the zoning enforcement officer.

101.1.1.1.

Application for amendments to the text of the official zoning resolution shall fully describe the proposed amendment, supplement, or change.

101.1.1.2.

Application for amendments to the official zoning maps shall be made on forms supplied by the zoning enforcement officer and must be accompanied by a dimensional sketch or to-scale plan of the proposed use included in any application for amendments to the official zoning maps. Such plan shall include, at a minimum, the following:

101.1.1.2.1.

Lot dimensions with property line monuments located thereon.

101.1.1.2.2.

The shape, size, height, uses, and location of the buildings proposed to be erected, demolished, altered, or moved, and of any buildings already on the lot, yard dimensions, and the use of structures, including the number of dwelling units within each structure, when appropriate.

101.1.1.2.3.

Public and private easements, watercourses, and fences existing on the lot.

101.1.1.2.4.

Street names and street right-of-way lines.

101.1.1.2.5.

Such other information regarding abutting property as directly affects the application, including a list of the names and mailing addresses of all owners of property within two hundred (200) feet of the property for which the application is submitted, as shown on the county property tax record or as is known to the applicant.

101.1.1.3.

No application for amendment of the official zoning map may be considered if, within twelve (12) months prior to such application, a proposed amendment for the rezoning of property proposed for rezoning, such application has been considered and rejected by the board of commissioners.

101.1.2.

Upon receipt of an application for amendment of the text of the official zoning resolution or the official zoning maps, the zoning enforcement officer shall notify the chairman of the planning commission and the board of commissioners of said application. Said application shall be placed upon the agenda of the next regular meeting of the planning commission. The board of commissioners shall schedule a public hearing upon said application on a date following scheduled consideration of said application by the planning commission, provided that the notice requirements of section 102 of this resolution are met.

101.1.3.

Any application for amendment to the text of the official zoning resolution or the official zoning map may be withdrawn by the applicant upon written notice to the zoning enforcement officer at any time prior to final action thereon by the board of commissioners.

101.2.

Amendments proposed by the board of commissioners. An amendment to the text of the official zoning resolution or the official zoning maps proposed in the form of a motion by a member of the board of commissioners shall be referred to the planning commission for review. Said proposal shall be placed upon the agenda of the next regular meeting of the planning commission. The board of commissioners shall schedule a public hearing upon said proposal on a date following scheduled consideration of said proposal by the planning commission, provided that the notice requirements of section 102 of this resolution are met.

The following requirements for notice shall apply to all applications and proposals for amendment of the text of the official zoning resolution or the official zoning maps initiated by the board of commissioners or by any other party.

102.1.

Amendments proposed by the board of commissioners. The following requirements for notice shall apply to proposals for amendment of the text of the official zoning resolution or to the official zoning maps initiated in the form of a motion by a member of the board of commissioners.

102.1.1.

At least fifteen (15) but not more than forty-five (45) days prior to the date of a hearing held by the board of commissioners upon any proposal or application for amendment of the text of the official zoning resolution or the official zoning map, the zoning enforcement officer shall cause to be published in a newspaper of general circulation in the county a notice, stating the time, place, and purpose of said hearing.

102.2.

Amendments proposed by parties other than the board of commissioners. The following requirements for notice shall apply for applications for amendments of the text of the official zoning resolution or the official zoning map initiated by parties other than members of the board of commissioners acting in their official capacity:

102.2.1.

An application for amendment to the text of the official zoning resolution shall be governed by the notice requirements contained in section 102.11 of this resolution.

102.2.2.

The following requirements for notice shall apply to applications for amendment to the official zoning maps:

102.2.2.1.

The zoning enforcement officer shall cause to be published in a newspaper of general circulation in the county public notices, as required by section 102.1.1 of this resolution, but also including the location of the property, the present zoning classification of the property, and the proposed zoning classification of the property.

102.2.2.2.

The zoning enforcement officer shall notify by mail each property owner within two hundred (200) feet of any property for which an amendment of the official zoning map is sought of the application for amendment. Such notification shall include all elements contained in public notices of hearings held by the board of commissioners published pursuant to section 102.22.1 of this resolution. Such notifications shall be mailed not less than seven (7) days prior to any hearing held upon said application by the planning commission and not less than fifteen (15) days nor more than forty-five (45) days prior to any hearing held upon said application to the board of commissioners.

102.2.2.3.

The zoning enforcement officer shall cause to be posted in a conspicuous location on the property for which an amendment to the official zoning map is sought one (1) or more signs, containing the type of application made, the present zoning classification of the property, the proposed zoning classification of the property, and the address and telephone number of the zoning enforcement officer for further information. Such sign or signs shall be posted not less than seven (7) days prior to any hearing held upon the application by the planning commission and not less than fifteen (15) days prior to any hearing held upon the application by the board of commissioners.

The following procedures shall be followed in conducting public hearings upon any proposal or application for amendment of the official zoning maps or the text of the official zoning resolution:

103.1.

Review by the planning commission. The planning commission shall review any proposal or application pursuant to section 93.2 of this resolution. The planning commission shall forward to the board of commissioners recommendations upon each proposal or application, to be made using the standards contained in section 104 of this resolution, within thirty (30) days of the receipt by the zoning enforcement officer of said application or the date said proposal is officially made by a member of the board of commissioners. If recommendations are not made within the prescribed time, the zoning enforcement officer shall report to the board of commissioners that the planning commission has no recommendation upon the proposal or application for which the prescribed time limits have not been met.

103.2.

Hearings held by the board of commissioners. The following procedures shall be followed in hearings conducted by the board of commissioners upon any proposal or application for amendment of the official zoning maps or the text of the official zoning resolution:

103.2.1.

Opening the hearing. The chairman of the board of commissioners shall open the hearing at the time and place specified in the hearing notice. The chairman shall announce the rules of the hearing before proceeding to address the proposed amendments listed on the agenda.

103.2.2.

Report of the planning commission. For each proposed amendment, the chairman shall call upon the county clerk to read aloud the report of the planning commission. If more than thirty (30) days have passed since the receipt by the zoning enforcement officer of an application for said amendment or the initiation of said amendment by a member of the board of commissioners but the planning commission has made no recommendation on said proposed amendment, the board of commissioners may consider the application without any recommendation from the planning commission.

103.2.3.

Public comment. The chairman shall then call for a show of hands of those present wishing to speak in support of the proposed amendment. The chairman shall recognize each person in turn and ask him or her to rise, state his or her name and address, and present his or her statement within a period of time not to exceed ten (10) minutes. The chairman shall then call for a show of hands of those present wishing to speak in opposition to the proposed amendment. The chairman shall recognize each person in turn and ask him or her to rise, state his or her name and address, and present his or her statement.

103.2.4.

Discussion and decision. After all persons have been given an opportunity to speak upon the proposed amendment, the board of commissioners shall discuss the proposed amendment and render final decision using the standards contained in section 104 of this resolution.

103.2.5.

Closing the hearing. After all of the proposed amendments listed on the agenda have been fully addressed pursuant to the foregoing procedure, the chairman shall declare the hearing to be closed.

In the formulation of any recommendation by the planning commission or the making of a decision by the board of commissioners upon any application or proposal for amendment to the official zoning maps, the planning commission and the board of commissioners shall balance the interest of the community in promoting the public health, safety, morals, and general welfare against the right of property owners to the unrestricted use of their property. In making these recommendations and decisions, the planning commission and the board of commissioners shall use the following standards:

104.1.

Whether the proposed amendment would permit a use that is suitable in view of the use and development of adjacent and nearby property.

104.2.

Whether the proposed amendment would adversely affect the existing use or usability of adjacent or nearby property.

104.3.

Whether the property to be affected by the proposed amendment has a reasonable economic use as currently zoned.

104.4.

Whether the proposed amendment would result in a use that would or could cause an excessive or burdensome use of existing streets, transportation facilities, utilities, schools, or other public facilities.

104.5.

Whether the proposed amendment is in conformity with the policy or intent of any duly adopted land use or other physical development plan.

104.6.

Whether there are other existing or changing conditions affecting the use and development of the property that give supporting grounds for either approval or disapproval of the proposed amendment.

Any person, firm, or corporation whose application has been previously and finally disapproved may, within thirty (30) days from the date of final disapproval, move for a rehearing by the board of commissioners. All motions for a rehearing by the board shall be written and presented to the zoning enforcement officer, and no hearing shall be held on such motion. No motion for a rehearing shall be considered unless new or additional information not available at the time of the original hearing or not presented due to excusable neglect is available. A denial of this motion is a final action. The granting of this motion shall require a new hearing and a new process of notification as if the application were considered for the first time, provided that no further action or recommendation on the part of the planning commission shall be required. The board of commissioners may, at its discretion, request that the planning commission reexamine the application and submit its findings to the board.

105.1.

Whenever an application for an amendment to the official zoning maps is denied, the board of commissioners shall not consider any further application for the same amendment on the same property or any part thereof for a period of twelve (12) months from the date of final denial. An application for an amendment which is essentially the same as one previously denied shall be considered as being for the same amendment as was previously denied.

The zoning enforcement officer shall cause to be reproduced and shall keep available copies of this article for distribution to the general public. This article contains provisions required under "The Zoning Procedures Law" (O.C.G.A. tit. 36, ch. 66). Distribution of this article shall conform to the requirements set forth in said law.