91.1.

Zoning enforcement officer. The zoning enforcement officer shall be any person designated by the board of commissioners to administer the provisions of this resolution and shall have the following powers and duties:

91.1.1.

The zoning enforcement officer is authorized and empowered on behalf and in the name of the board of commissioners of the county to administer and enforce the provisions of this resolution, to include receiving applications, inspecting premises, issuing conditional use permits when so ordered by the board of commissioners, and issuing certificates of zoning compliance for uses and structures which are in conformity with the provisions of this resolution or for which a variance has been approved by the board of commissioners.

91.1.2.

The zoning enforcement officer does not have the authority to take final action on applications, or matters involving variances, nonconforming uses, conditional uses, or other exceptions that this resolution has reserved for action by the board of commissioners of the county.

91.1.3.

The zoning enforcement officer shall keep accurate records of all permits issued in accordance with the administration of this resolution. He shall maintain the official zoning maps of the county and records of all violations and enforcement action. All of these records shall be open for public inspection.

91.1.4.

The zoning enforcement officer shall ensure that proper notice, as provided in section 94 and 102 of this resolution, of actions of the board of commissioners is given.

91.2.

Planning commission. The planning commission shall be established as provided in section 93 and shall have the following powers and duties:

91.2.1.

To make studies and recommend to the board of commissioners plans, goals, and objectives relating to the growth, development, and redevelopment of the unincorporated area of the county.

91.2.2.

To develop and recommend to the board of commissioners: policies, ordinances, administrative procedures, and other means for carrying out plans in a coordinated and efficient manner.

91.2.3.

To make recommendations to the board of commissioners concerning proposed amendments to the text of the official zoning regulations or the official zoning map, as provided in section 103 of this resolution.

91.2.4.

To perform other duties assigned by the board of commissioners.

Permits and certificates shall be issued in accordance with the following provisions:

92.1.

Certificate of zoning compliance. A certificate of zoning compliance is required for any construction or structural alteration. The zoning enforcement officer shall issue a certificate of zoning compliance for construction or structural alteration, provided such proposed construction, structure, structural alteration, and use for which said construction, structure, or structural alteration is intended is in conformance with the provisions of this resolution.

92.1.1

If any proposed excavation, filling, construction, or movement set forth in said application is in conformance with the provisions of this resolution and any other appropriate codes and regulations then in effect, or if a variance of the provisions of this resolution is granted pursuant to section 94, the zoning enforcement officer shall sign and return one (1) copy of the certificate of zoning compliance and retain one (1) copy of the same for his records.

92.1.2

If the application describes work that does not conform to the requirements of this resolution, the zoning enforcement officer shall not issue a certificate of zoning compliance.

92.1.3

Any certificate of zoning compliance shall automatically expire six (6) months from the date of issuance if the person, firm, or corporation to which the certificate was issued has not clearly demonstrated that the permit is being exercised for the purpose for which it was issued, or if the work so authorized is suspended or discontinued for a period of one (1) year, or if it is determined that work is not proceeding in accordance with the approved plan.

92.2.

Conditional use application. A conditional use permit is required for any use or construction or structural alteration classified as a conditional use in the zoning district in which it is located. Upon approval by the board of commissioners of an application for use or construction of structural alteration classified as a conditional use, the zoning enforcement officer shall issue a conditional use permit.

92.2.1.

An application shall be accompanied by two (2) copies of a dimensional sketch or a to-scale plan, signed by the owner or his authorized agent, to include, as a minimum, the following:

92.2.1.1.

Lot dimensions with property line monuments located thereon.

92.2.1.2.

The shape, size, height, uses, and location of the building 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.

92.2.1.3.

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

92.2.1.4.

Street names.

92.2.1.5.

If the application is for a home business and the applicant is not the owner of the property, written permission for the use from the owner of the property.

92.2.1.6.

If the application is for a change of use in a property, an overview of the expected use is required.

92.3.

Conditional use permit. Upon approval by the board of commissioners of an application for a conditional use permit, or completion of construction or structural alteration allowed pursuant and conforming to an application by the owner or his agent, the zoning enforcement officer shall sign and issue a conditional use permit.

92.3.1.

The zoning enforcement officer shall sign and issue a conditional use permit upon approval of an application by the board of commissioners.

92.3.2.

The zoning enforcement officer shall not issue a conditional use permit, and no building or premises may be used, unless the proposed use of a building or land conforms to the terms of an application for a conditional use permit, as approved by the board of commissioners, and any other applicable provisions of this resolution.

92.3.3.

Each conditional use permit shall be conspicuously posted and displayed on the premises described in the permit during the period of construction or reconstruction and for the life of the use.

The planning commission for the unincorporated area of the county is hereby established.

93.1.

Membership. The planning commission shall consist of a number of members equal to the number of county commissioners, with each county commissioner appointing a planning commission member from his or her district for a term of one (1) year. Planning commission members may be reappointed. Any vacancy in the membership of the planning commission shall be filled for the un-expired term. Members may be removed for cause by the board of commissioners upon written charges and after public hearing thereon. No member of the planning commission shall hold any other public office.

93.2.

Procedures. The planning commission shall observe the following procedures:

93.2.1.

The planning commission shall adopt rules in accordance with the provisions of this resolution for the conduct of its affairs.

93.2.2.

The planning commission shall elect one (1) of its members as chairman and one (1) of its members as vice-chairman, who shall serve for a period of one (1) year or until they are reelected or their successors are elected. The commission shall appoint a secretary.

93.2.3.

Said commission shall adopt a regular meeting schedule consistent with its duties in regards to applications for amendment to the official zoning regulations or the official zoning map. Scheduled meetings shall be cancelled when no business is before the commission.

93.2.4.

All meetings of the planning commission shall be open to the public.

93.2.5.

The planning commission shall keep minutes of its proceedings, showing the vote of each member upon each question, or, if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions. All records shall be kept in the office of the zoning enforcement officer and shall be open for public inspection.

93.2.6.

All actions of the planning commission shall be taken by majority vote, a quorum being present. A quorum shall consist of a majority of the board membership, excluding vacant seats.

The following procedure shall be followed for applications for conditional use permits and variances of the provisions of this resolution.

94.1.

Application. An application for a conditional use permit or variance from the provisions of this resolution must be submitted to the zoning enforcement officer in writing on forms supplied by the zoning enforcement officer. Applications for conditional use permit shall include the information specified in section 92. Application for a variance from the provisions of this resolution shall be made on such forms and including such materials as application for the use in question would include were a variance not required. Such application materials and site plan shall clearly indicate all elements of the proposed use for which a variance is sought and include a statement of the reason or reasons that a variance is required. An application may be withdrawn by the applicant upon written notice to the zoning enforcement officer any time before the decision on said application.

94.2.

Submittal to board of commissioners. Upon receipt of an initial application for a conditional use or variance, the zoning enforcement officer shall cause the applications to be placed upon the agenda of the next meeting of the board of commissioners and set a hearing with the zoning board for the Monday a week before the meeting of the board of commissioners for which notification requirements can be met. The zoning enforcement officer shall initiate notification procedures required under this section.

94.3.

Notification. The zoning enforcement officer shall notify neighboring property owners and the general public of any application for a conditional use or variance of the provisions of this resolution in accordance with the following procedures:

94.3.1.

Upon the establishment of the hearing dates for any application for a conditional use or variance, the zoning enforcement officer shall notify by mail all owners of property lying within two hundred (200) feet of the property for which the application is filed. In instances that the variance or a conditional use request would have a greater impact on the surrounding area, the zoning officer, at his discretion, may expand the notification area. Such notification shall include the nature of the application, the times, dates, and places of the hearings upon said application, and the address and telephone number of the zoning enforcement officer, should additional information be required. Such notification shall be mailed not less than fifteen (15), nor more than forty-five (45) days prior to the hearings.

94.3.2.

Upon the establishment of a hearing dates for any application for a conditional use or variance, the zoning enforcement officer shall cause to have posted in a conspicuous place on the property in question one or more signs, containing information [as] to the type of application made and the address and telephone number of the zoning enforcement officer for further information. Such sign or signs shall be posted not less than fifteen (15), nor more than forty-five (45) days prior to the hearings.

94.3.3.

Upon the establishment of the hearing dates for any application for a conditional use or variance, the zoning enforcement officer shall cause to be published in a newspaper of general circulation in the county notice of said application. Such notice shall include the nature of the application, the times, dates, and places of the hearings upon said application, and the address and telephone number of the zoning enforcement officer, should additional information be required. Such notice shall be published not less than fifteen (15), nor more than forty-five (45) days prior to the hearings.

94.3.4.

Upon the establishment of the hearing dates for any application for a conditional use or variance, the zoning enforcement officer shall notify by mail the applicant of the times, dates, and places of the hearings upon said application. Such notification shall be mailed not less than fifteen (15) days prior to the hearings.

94.4.

Hearing and decision. The following provisions shall apply to hearings upon applications for a conditional use permit, or variance from the provisions of this resolution.

94.4.1.

The board of commissioners and the zoning board shall hear and decide upon applications for conditional uses using the following standards:

94.4.1.1.

The proposed use or structure shall be compatible with development and uses existing on adjacent and nearby property.

94.4.1.2.

The proposed use or structure shall not have a substantial adverse impact upon the existing use or usability of adjacent or nearby property.

94.4.1.3.

The proposed use or structure shall not cause an excessive or burdensome use of existing streets, transportation facilities, utilities, schools, or other public facilities.

94.4.1.4.

Any other relevant factors, including the conformity of the proposed development with duly adopted land use and other physical development plans or policies for the area may also be considered.

94.4.2.

The board of commissioners shall hear and decide upon applications for a variance from the terms of this resolution in specific cases. Such variance may be authorized as will not be contrary to the public health, safety, morals, convenience, order, prosperity, or welfare where, owing to special conditions, a literal enforcement will, in an individual case, result in unnecessary hardship, so that the spirit of this resolution shall be observed, public safety and welfare secured, and substantial justice done. Such variance may be granted in such individual case of unnecessary hardship upon a finding by the board of commissioners that:

94.4.2.1.

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

94.4.2.2.

The application of the provisions of this resolution to this particular piece of property would create an unnecessary hardship;

94.4.2.3.

Such conditions are peculiar to the particular piece of property involved; and

94.4.2.4.

Relief, if granted, would not cause substantial detriment to the public good or impair the purpose and intent of this resolution.

94.4.3.

In response to comments by persons appearing at the hearing or to recommendations by the board of commissioners, the applicant may agree to modify his application, including any plans or specifications submitted. Unless such modifications are so substantial that the board determines that revised plans are necessary for adequate consideration of the application, the board may approve the application with the stipulation that the permit or certificate shall not be issued until plans reflecting the agreed upon changes are submitted to the zoning enforcement officer.

94.4.4.

Any decision made by the board of commissioners upon an application for a conditional use permit, or variance shall be reduced to writing and served upon the applicant and shall be made a public record and maintained in the office of the zoning enforcement officer. Such decision shall include the board's findings and conclusions, as well as supporting reasons and facts, where applicable. Such decision shall be made within thirty (30) days of the final hearing on the matter.

94.4.5.

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

94.4.6.

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 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.

94.4.7.

Time limits on conditional uses and variances. When a conditional use or variance is granted the applicant must put the conditional use or variance into effect within six (6) months or he must reapply. Any conditional use or variance that ceases to be in effect for six (6) months is considered null and the property will go back to the original purpose.

Requests for a hearing before the board of commissioners in cases where it is alleged that there is error in any order, requirement, decision, or determination made by the zoning enforcement officer or other administrative official in the enforcement of the provisions of this resolution shall observe the following procedures:

95.1.

Request of hearing. An applicant alleging error in the enforcement of the provisions of this resolution shall submit to the zoning enforcement officer a written notice of appeal, specifying the action or actions challenged and specifying the grounds of said appeal, and any supporting materials relevant to the appeal. An appeal may be withdrawn by the appellant upon written notice at any time before final decision on said appeal.

95.2.

Effect on legal proceedings. An appeal stays all legal proceedings in furtherance of the action appealed from, unless the zoning enforcement officer certifies to the board of commissioners that, by reason of facts stated in the certification, a stay would, in his opinion, cause imminent peril to life and property. In such case, proceedings shall not be stayed except by a restraining order which may be granted by said board or by a court of competent jurisdiction, on application, on notice to the official from whom the appeal is taken, and on due cause shown.

95.3.

Submittal to board of commissioners. Upon receipt of a notice of appeal, the zoning enforcement officer shall inform the chairman or vice-chairman of the board of commissioners of the appeal. The chairman or vice-chairman shall set a time and date, not more than forty-five (45) days from the date of receipt of the notice of appeal, for a hearing upon said appeal and direct the zoning enforcement officer to notify the appellant of such hearing.

95.4.

Notification. Upon the establishment of a hearing date upon an appeal, the zoning enforcement officer shall notify by mail the appellant of the time, date, and place of the hearing upon said appeal. Such notification shall be mailed not less than fifteen (15) days prior to the hearing.

95.5.

Hearing and decision. The following provisions shall apply to hearings upon appeals of actions taken in the enforcement of the provisions of this resolution:

95.5.1.

The board of commissioners shall hear and decide upon appeals in accordance with established procedures for public meetings held by the board of commissioners.

95.5.2.

All applications, plans, correspondence, supporting materials, or other materials relevant to the appeal and maintained in the records of the zoning enforcement officer shall be provided to the board and shall be a part of the record of the appeal.

95.5.3.

Any decision made by the board of commissioners upon an appeal shall be reduced to writing and served upon the applicant and shall be made a public record and maintained in the office of the zoning enforcement officer. Such decision shall include the board's findings and conclusions, as well as supporting reasons and facts, where applicable.

The board of commissioners shall establish reasonable fees and charges for the processing of applications for permits and amendments to the text of the official zoning resolution and the official zoning map.

Members of the planning commission and of the board of commissioners involved in decisions upon a proposed amendment to the official zoning maps shall fulfill the requirements of O.C.G.A. tit. 36, ch. 67A, regarding conflicts of interest in zoning actions. Said officials shall fulfill the same requirements specified by state law for a rezoning action in cases of applications for a conditional use or a variance from the provisions of this resolution, or of an appeal of an administrative decision.