(a)

Creation. The planning and zoning commission is hereby established with the number of members equal to the number of commissioners on the board of commissioners as of each January 1.

(b)

Membership; qualifications. Each district commissioner on the board of commissioners shall nominate one member, in accordance with section 2-53, from the full-time residents of their district, for a term of two years except for the initial appointment which will terminate on December 31, 2010, and the chairman of the board of commissioners shall nominate, in accordance with section 2-53, from among the full-time residents of the county, one member for a term of two years except for the initial term which will terminate on December 31, 2010. Nothing shall prevent a member from succeeding him or herself, and, except as otherwise provided herein, all members of the planning and zoning commission shall hold office for the term specified and until the board of commissioners shall have appointed such member's successor. Any vacancy on the planning and zoning commission shall be filled in the same manner as the position was filled prior to the occurrence of the vacancy for the unexpired term of the member. Within three months of their initial appointment, each member must receive 12 hours of training in zoning procedures and/or comprehensive planning conducted and/or sponsored by ACCG or the University of Georgia's Carl Vinson Institute of Government or equivalent as determined by the director of planning and development. No member shall be allowed to vote on any zoning matter until at least six hours of the aforementioned training has been received. The appointed member may participate in all meetings, discussions, and activities, but may not vote until six hours of training has been received. Failure to receive 12 hours of training within three months of appointment will be automatic grounds for removal from office. Members are removable only for cause by the board of commissioners.

(c)

Organization and meetings.

(1)

Officers. The member appointed by the chairman of the board of commissioners shall serve as chairperson. The planning and zoning commission members shall elect a vice-chairperson on an annual basis. The chairperson shall: Preside at all meetings of the planning and zoning commission and at all public hearings as called by the planning and zoning commission; sign all documents authorized by the planning and zoning commission and transmit reports, plans and recommendations of the planning and zoning commission to the board of commissioners; act as spokesman for the planning and zoning commission; appoint committees, and the chairs thereof, as may be necessary to perform the tasks of the planning and zoning commission. An employee of the planning and development department shall act as secretary to keep a minute book recording attendance, the vote of each member upon each question, or if absent, the failure to vote, indicating such fact; and keep records of examination and hearing and other official action.

The planning and zoning commission shall have the right to request interpretation of this chapter by the county attorney, in writing through the planning and development department.

(2)

Rules. The following shall be the rules as to how and where meetings of the planning and zoning commission shall be held:

a.

The regular public hearing of the commission for requests such as rezoning and conditional use permit, shall be held the first Thursday of the month at 6:30 p.m., unless there is no cause for holding such meeting. If there is no reason to have a regular meeting, the secretary shall inform the members of the commission at least five days in advance. The planning and zoning commission has the authority to reschedule any meeting should a conflict arise to include, but not limited to, holidays, conferences, or inclement weather, to any other date as allowed by law.

b.

All meetings shall be held in a county-owned or leased facility. The regular meeting place will be the Putnam County Administrative Office or such facility as established by the board of commissioners. Any change in meeting place will be advertised as required by law.

c.

Special meetings may be called by the planning and zoning chairperson, provided that at least 24 hours' notice of such meeting is given each member and that such public notice as required by law is provided.

d.

Three members shall constitute a quorum to conduct all business.

e.

No member of the planning or zoning commission or the director, the secretary, building inspector, or code enforcement officer shall appear for or represent any person in any matter pending before the commission. No member of the planning and zoning commission shall hear or vote upon any matter in which he/she is directly or indirectly interested in a personal or financial way.

f.

The order of business at each meeting shall be as follows: Roll call. Approval of minutes of previous meeting. Unfinished business. Hearing of agenda items. New business.

g.

Failure to attend three consecutive meetings without notice shall be considered automatic resignation from the planning and zoning commission, and upon resignation or other vacancies occurring in office, the director shall inform the board of commissioners of such occurrence as promptly as possible, so that the relevant appointing commissioner shall appoint a replacement to fill the unexpired term.

h.

The planning and zoning commission shall be free to adopt such additional rules to govern further the conduct of its meetings and of public hearings as are consistent with state laws and county codes and are appropriate to its responsibilities, which shall be published and available to the public.

(3)

Compensation. Members of the planning and zoning commission shall be entitled to a per diem as provided in the established schedule of per diems for boards and committees. In addition, the members may be reimbursed, at the current county rate, for up to 50 miles of travel each month for official planning and zoning business. Mileage reimbursement is not allowed for travel to the monthly scheduled meeting.

(Ord. of 5-19-2009(3); Amend. of 1-12-2010; Amend. of 3-1-2013; Ord. of 12-4-2020(1))

(a)

Issuance of permits. Supervise the issuance of development and building permits so as to make sure that all new development and construction complies with this chapter and other relevant chapters.

(b)

Administrative variances. The director of planning and development shall have the power to grant variances from development standards as established in article II where, in his/her opinion, the intent of the ordinance can be achieved and equal performance obtained by granting the variance.

(1)

The authority to grant such variance shall be limited to variance from the following requirements:

a.

Front, side, rear, or yard adjacent to public street—variance not to exceed 25 percent.

Variances. Review variance requests and refer, with recommendations to the planning and zoning commission, including any conditions that may be deemed advisable so that the purpose of this chapter will be served, public safety and welfare secured and substantial justice done.

(c)

Enforcement; penalties for violation of chapter.

(1)

In case any building or structure is or is proposed to be erected, constructed, reconstructed, altered, covered or maintained, or any building, structure or land is or is proposed to be used in violation of any provision of this chapter, the director, shall in addition to other remedies, and after due notice to the owner of the violation, issue a citation for violation of this chapter requiring the presence of the violator in a court of competent jurisdiction; or institute injunction or other appropriate action or proceeding to prevent this unlawful erection, construction, reconstruction, alteration, conversion, maintenance or use to correct or abate this violation or to prevent the occupancy of this building, structure or land. Where a violation of the regulations of this chapter exists with respect to a structure or land, the director may, in addition to other remedies, require that public utility service be withheld until such time as the structure or premises are no longer in violation of this chapter.

(2)

Any firm, person or corporation that shall do anything prohibited by this chapter as they exist, or as they may hereafter be amended, or who shall fail to do anything required by this chapter as they now exist or as they may hereafter be amended, upon conviction of a violation, shall be subject to punishment as provided by law. Any violation of this chapter shall be regarded as a misdemeanor, punishable by up to one year's imprisonment and/or a fine of $1,000.00. Each day that this violation exists shall be deemed a separate offense.

(d)

Appeals from decisions of the director. It is the intention of this article that all questions arising in connection with the administration and enforcement of this article shall be presented first to the director and that these questions shall be presented to the planning and zoning commission only on appeal from decision of such official. Fees shall be set from time to time by the board of commissioners governing the cost of such appeals. All appeals must be filed within ten days of the issuance of the decision being appealed. Division 2 of this article shall govern policies and procedures for such appeals. A permit applicant proceeds with construction at his own risk until the appeal period expires and while an appeal of the issuance of a permit is pending.

(Res. Of 7-17-2007(4); Amend. of 1-12-2010; Ord. of 12-4-2020(1); Ord. of 12-3-2021(1))

(a)

Initiation. All planning and zoning issues, including those relative to the official zoning maps, shall be reviewed by the planning and zoning commission. Amendments to the official zoning maps may only be made by the board of commissioners.

(b)

Conditional use permits. If a use is not permitted in any zoning district, the planning and zoning commission may hear and recommend a conditional use permit approval application as submitted according to the rezoning process. In recommending such a conditional use permit, the planning and zoning commission may attach thereto such conditions regarding the location, character and other features of the proposed building, structure or use as it may deem advisable so that the purpose of this chapter will be served, public safety and welfare secured, and substantial justice done.

(c)

Variances. The planning and zoning commission shall hear applications for variances from the development standards and performance standards of this chapter. All variance approval shall be contiguous with the property.

(1)

Variances may be granted by the planning and zoning commission only upon making all of the following factual findings:

a.

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

b.

The application of this chapter to this particular piece of property would create an unnecessary hardship;

c.

The identified extraordinary and exceptional conditions and unnecessary hardship in application identified in subsections (a) and (b) were not caused by or the result of acts or omissions of the applicant;

d.

The variance proposed is the minimum variance, which makes possible the reasonable use of the property;

e.

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

f.

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

(2)

In granting a variance, the planning and zoning commission may attach thereto such conditions regarding the location, character and other features of the proposed building, structure or use as it may deem advisable so that the purpose of this chapter will be served, public safety and welfare secured, and substantial justice done. The planning and zoning commission shall not be authorized to grant a variance to development standards set forth in a statement of zoning conditions accompanying a conditional zoning.

(3)

No variance may be granted for a reduction in minimum lot size.

(d)

Appeals of administrative decision.

(1)

Who may seek an appeal. Any person, firm or officer, department, board or agency directly affected by the decision of the planning and development department director may bring an appeal before the planning and zoning commissioners. Such request shall be made within ten days following notification of the decision from which an appeal is taken by filing with the director a notice of appeal and specifying the grounds thereof. The director shall forthwith transmit to the planning and zoning commission all papers constituting the record upon which the action appealed from was taken.

(2)

Extent of commission power. The planning and zoning commission may, in conformity with this chapter, reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination appealed.

(3)

Effect of appeal. An appeal waiting for a hearing shall not stay the effectiveness of the permit or decision being challenged. However, if the owner of property who has received the permit, variance or favorable interpretation proceeds with development at the property owner's own risk that such development may be halted if the appeal is successful.

(Amend. of 1-12-2010; Ord. of 12-4-2020(1); Ord. of 12-3-2021(1); Ord. of 4-18-2023(1); Ord. of 6-25-2024(2))

(a)

Initiation. This chapter, including the official zoning maps, may be amended by the board of commissioners on its own motion or by private petition or on recommendation of the planning and zoning commission.

(b)

Conditional use permits. If a use is not permitted in any zoning district, the board of commissioners may grant a conditional use permit according to the rezoning process. In granting such a conditional use permit, the board of commissioners may attach thereto such conditions regarding the location, character and other features of the proposed building, structure or use as it may deem advisable so that the purpose of this chapter will be served, public safety and welfare secured, and substantial justice done. Conditional use permits shall be issued to the applicant solely, are not transferrable, and shall extinguish upon cessation of such activity for a period of 12 months. Conditional uses permits may be renewed by application by successive owners or operators.

(c)

Variances. The board of commissioners shall hear and decide on applications for variances from the development standards or performance standards of this chapter only on appeal of the decision of the planning and zoning commission.

(1)

In considering an appeal from the decision of the planning and zoning commission, the board of commissioners may grant a variance only upon making the factual findings identified in section 66-157(c)(l) through (f).

(2)

In granting a variance, the board of commissioners may attach thereto such conditions regarding the location, character and other features of the proposed building, structure or use as it may deem advisable so that the purpose of this chapter will be served, public safety and welfare secured, and substantial justice done.

(3)

No variance may be granted for a reduction in minimum lot size.

(d)

Appeals of administrative decision.

(1)

Who may seek an appeal. Any person, firm or officer, department, board or agency directly affected by the decision of the planning and zoning commission may bring an appeal before the board of commissioners. Such request shall be made within ten days following notification of the decision from which an appeal is taken by filing with the director a notice of appeal and specifying the grounds thereof. The director shall forthwith transmit to the board of commissioners all papers constituting the record upon which the action appealed from was taken.

(2)

Decisions subject to appeal. Actions of the planning and zoning commission subject to appeal are limited to the following administrative decisions:

a.

Grant or denial of variance requests; and/or

b.

Interpretation of the provisions of chapter 66 as appealed to the planning and zoning commission pursuant to section 66-157(d).

(3)

Extent of commission power. The board of commissioners may, in conformity with this chapter, reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination appealed.

(4)

Effect of appeal. An appeal waiting for a hearing shall not stay the effectiveness of the permit or decision being challenged. However, if the owner of property who has received the permit, variance or favorable interpretation proceeds with development at the property owner's own risk that such development may be halted if the appeal is successful.

(Res. Of 7-17-2007(4); Amend of 3-18-2008; Amend. of 1-12-2010; Ord. of 9-15-2020(1); Ord. of 12-4-2020(1); Ord. of 12-3-2021(1)>; Ord. of 4-18-2023(1); Ord. of 6-25-2024(2))

(a)

The following rules of procedure govern meetings and public hearings on all amendments, rezoning, variances, appeals, matters of interpretation and similar matters relating to this chapter before the planning and zoning commission or the board of commissioners. These rules apply to all such public hearing items appearing on any agenda.

(1)

Individuals desiring to address the planning and zoning commission or the board of commissioners regarding an agenda item are required to sign in prior to the commencement of the meeting or public hearing. Such comments by any one person should not exceed three minutes. Applicants or proponents of an item on the public hearing agenda shall be heard first and shall have a minimum of ten minutes in which to present any information pertinent to the issue to be decided. Opponents of the issue may respond and shall have a minimum of ten minutes in which to present any information pertinent to the issue to be decided. Applicants or proponents may use any unused portion of their ten minutes for rebuttal. Opponents shall not have the right of rebuttal. No demonstrations will be permitted.

(2)

Written comments on the subject of the meeting or hearing may be submitted by any person at any time prior to the adjournment of the hearing.

(3)

Following the presentation of positions by members of the public, a recommendation from the county staff shall be presented.

(4)

Following the staff recommendation, members of the planning and zoning commission or the board of commissioners may ask of anyone present questions pertinent to the issue.

(5)

Following questions and/or comments by the planning and zoning commission or the board of commissioners, a motion for action on the issue will be in order.

(6)

Authorized action by the planning and zoning commission or the board of commissioners, with respect to any motion pending before it, consists of one of the following: Approval, approval with conditions, denial, deferral, withdrawal without prejudice, or deferral to a time certain. Additionally, the board of commissioners may remand the proposed action for further consideration by the planning and zoning commission. Any vote shall be by roll call. A tie vote acts as a denial.

(7)

No official action shall be taken except upon the affirmative vote of at least three members of the planning and zoning commission or the board of commissioners, or a majority of a quorum.

(8)

Minutes of the meetings of the planning and zoning commission and the board of commissioners shall be maintained and any written or other tangible materials presented at the hearing must be kept as a permanent record. Any person desiring a transcript of the hearing must arrange for a court reporter at their own expense.

(9)

The board of commissioners shall confirm, in writing to the applicant, its decisions with respect to any matter pending before it at the request of a private applicant. Any map amendment shall be posted by the director of the planning and development department on the official zoning maps within 30 days of its approval by the board of commissioners. On the effective date of the amendment of the official zoning maps, such amendments shall be posted in an appropriate manner; and records accompanying or references upon the maps shall enable the identification of the official action by which such amendment was made and the date of such action. No such amendment shall become effective until such change in entry has been made on the official maps, it being the intent of this chapter that the public shall be able to rely on such maps as correct and final authority as to current zoning status without investigating for possible errors or omissions. No change of any nature shall be made in the official zoning maps except in conformity with the procedures and requirements of this division.

(b)

If the official zoning maps become damaged, lost or difficult to interpret by reason of the nature or number of changes, the commission may by ordinance authorize new official zoning maps which shall supersede the prior maps; provided, however, that if there is uncertainty about the zoning status of any area because of the condition of the maps or any part thereof, such action shall take the form of an amendment to this chapter, and shall resolve the uncertainty. The new official zoning maps may correct drafting or other omissions or errors in the prior maps. The new official zoning maps shall be authenticated and attested as for the original, with wording indicating when and by what instrument the prior document was adopted. Unless the prior official zoning maps have been lost or wholly destroyed, such documents, or any remaining significant parts thereof, shall be preserved, together with any significant records pertaining to its adoption or amendment, as a guide to prior zoning status of areas.

(Res. Of 7-17-2007(4); Amend. of 1-12-2010; Ord. of 9-15-2020(1); Ord. of 12-4-2020(1))

(a)

Authority to initiate amendments. Applications to amend this chapter may be in the form of proposals to amend the text, or proposals to amend part or all of the official zoning maps (a rezoning) or by actions initiated by the board of commissioners. An application for an amendment to the official zoning map, affecting the same property, shall not be submitted more than once every 12 months. Such interval begins with the date of the final decision by the board of commissioners. The board of commissioners, in its discretion and by unanimous vote, may reduce or waive the final six-month time interval to amend the official zoning map affecting the same property. However, an application to alter conditions of rezoning as contemplated in subsection 66-166(b) of this division may be submitted at any time. Applications shall be the same as for a rezoning and shall comply with the requirements of this section, excluding subsections (b) and (c) hereof.

(b)

Application: receipt and acceptance.

(1)

Reserved.

(2)

An application shall be made in writing to the planning and development department on forms provided by the department. Each application shall include the signatures of the applicant and property owner. It shall affirm the owner is in fact the current owner of record. The letter of agency form shall be notarized.

(3)

No application will be considered to have been made until such form(s) as described in subsection 66-161(c) herein have been completed and submitted to the planning and development department with the application fees as established by the board of commissioners and supporting materials as required under this article. Materials, documents, or evidence presented in favor of an application for zoning change must be submitted no later than the immediate Friday preceding the planning and zoning commission's consideration of the request.

(4)

Any communication relative to an application for a zoning change will be regarded as informational only until a proper and complete application is accepted by the director of the planning and development department or designee. The planning and development department shall review the application for completeness within five workdays following the submission deadline. Incomplete or improper applications will be returned to the applicant with a written list of deficiencies and signed by the director. The application submittal deadline shall be the first Thursday of every month, unless said day is a holiday, as may be established by the board of commissioners, then the deadline shall be the day before.

(c)

Application contents. An application is to be submitted in one signed original copy and in a number of copies as established by the planning and development department. The following is required for all residential and commercial subdivision rezoning requests. All other requests must include subsections (c)(1)—(13).

(1)

Properly executed application form supplied by the planning and development department, including the owner's signature and a letter of agency form or a specific notarized written authorization by the owner delegating the applicant to act on behalf of the owner and that the applicant may agree to any conditions and stipulations on the behalf of the owner that may be attached to the application by the approval of the application by the board of commissioners.

(2)

The location of the subject property, including street number, if any;

(3)

Copy of warranty deed;

(4)

Legal description and recorded plat of the property to be rezoned;

(5)

Existing zoning district classification of the property and adjacent properties; and the proposed zoning district desired;

(6)

The comprehensive plan future land use map category in which the property is located. If more than one category applies, the areas in each category are to be illustrated on the concept plan;

(7)

A detailed description of existing land uses;

(8)

The area of land proposed to be rezoned, stated in square feet if less than one acre and in acres if one acre or more;

(9)

A statement as to the source of domestic water supply;

(10)

A statement as to the provision for sanitary sewage disposal;

(11)

Statement of political contributions by the applicant and the applicant's attorney as required by the Georgia Conflict of Interest in Zoning Act (O.C.G.A. § 36-67A);

(12)

The application designation, date of application and action taken on all prior applications filed for rezoning for all or part of the subject property;

(13)

Proof that property taxes for the parcel(s) in question have been paid;

(14)

Concept plan. (If the application is for less than 25 single-family residential lots, a concept plan need not be submitted.)

a.

An application shall be accompanied by a concept plan. A concept plan may be prepared by a professional engineer, a registered land surveyor, a landscape architect, a land planner or any other person professionally involved in and familiar with land development activities.

b.

The concept plan shall be drawn on a boundary survey of the property. The boundary survey shall have been prepared by a currently registered Georgia Registered Land Surveyor and meet the requirements of the State of Georgia for such a map or plat under O.C.G.A. § 15-6-67(b).

c.

The concept plan shall show the following:

1.

Proposed use of the property.

2.

The proposed project layout including:

i.

For residential subdivisions, commercial, or industrial applications, approximate lot lines and street right-of-way lines, along with the front building setback line on each lot.

ii.

For multifamily and nonresidential development projects, the approximate outline and location of all buildings, and the location of all minimum building setback lines, outdoor storage areas, dumpsters, zoning buffers, parking areas, loading stations, stormwater detention facilities, and driveways, entrances and exits.

3.

Name, address, and telephone number of the applicant, if different than the owner.

4.

The approximate location of proposed stormwater detention facilities and the location shown.

5.

Such additional information as may be useful to permit an understanding of the proposed use and development of the property particularly with respect to the compatibility of the proposed use with adjacent properties.

(15)

Impact analysis. An impact analysis is required for all applications unless the application will result in fewer than 25 single-family residential lots. The impact analysis shall be prepared by a professional engineer, a registered land surveyor, a landscape architect, a land planner or any other person professionally involved in and familiar with land development activities.

a.

The application must be accompanied by a written, documented analysis of the proposed zoning change with regard to each of the standards governing consideration, which are enumerated under subsection 66-165(d).

b.

A traffic impact analysis is to include the existing average daily traffic on road/streets leading to the nearest intersection and the projected average daily traffic. Additional requirements of the analysis may be provided by the planning and development department and included with the application.

c.

The estimated number of dwelling units and total floor area of nonresidential uses (if applicable) of the proposed development.

d.

Effect on the environment surrounding the area to be rezoned including the effect on all natural and historic resources. (State source of the information.)

e.

Impact on fire protection with respect to the need for additional firefighting equipment or personnel. (State source of the information.)

f.

What are the physical characteristics of the site with respect to topography and drainage courses?

g.

Adjacent and nearby zoning and land use.

(d)

Processing of zoning change applications by staff.

(1)

Prior to a public hearing for any zoning change pursuant to section 66-161, the director shall send a copy of the agenda to each member of the planning and zoning commission and the board of commissioners.

(2)

Conflict of interest. Following receipt of the agenda and prior to the first public hearing, the individual officials shall file a conflict of interest disclosure report as may be required by O.C.G.A. § 36-67A.

(3)

Staff review and recommendation. The planning and development department director shall prepare, with the assistance of the technical review process when applicable, a written recommendation and zoning analysis that shall include: The items listed in subsection (c)(14)c.1—5 as appropriate, and the items listed in subsection (c)(15)a—g as appropriate, and the following:

a.

Comments on a site review of the property and surrounding area, as well as an analysis of any previous zoning history relative to the tract; and

b.

Statement as to the conformity with Putnam County's Comprehensive Plan; and

c.

The opinions and findings resulting from the technical review process.

(e)

Recommendation distribution. In advance of the public hearing by the planning and zoning commission, copies of the written recommendations and the attachments shall be provided to each member of the planning and zoning commission and the board of commissioners. A copy of the recommendation shall be provided to the applicant within a reasonable time after distribution has been made. A reasonable number of copies will be available to the public on a first-come basis.

(Res. of 7-17-2007(4); Amend. of 1-12-2010; Amend. of 4-17-2012(2); Ord. of 9-15-2020(1); Ord. of 12-4-2020(1); Ord. of 6-25-2024(2))

(a)

Applications shall be submitted in accordance with subsection 66-161(b)(4) and shall be heard by the planning and zoning commission at a public hearing no earlier than the first Thursday of the second month following the application deadline and the board of commissioners at a public hearing no earlier than the third Tuesday following the planning and zoning public hearing. Applicants will be notified if a hearing is cancelled per subsection 66-150(c)(2)a, along with the rescheduled date of the new hearing.

(b)

Application fees for an application to amend the official zoning map shall be established by the board of commissioners and made available by the planning and development department. A fee shall not be charged for applications initiated by the board of commissioners.

(Res. of 7-17-2007(4); Amend. of 3-18-2008; Amend. of 1-12-2010; Ord. of 9-15-2020(1); Ord. of 12-4-2020(1))

(a)

Legal notice. Due notice of the public hearings before the planning and zoning commission and the board of commissioners shall be published in the newspaper of general circulation in the county in which are carried the legal advertisements of the county by advertising the nature of the application and the date, time, place and purpose of the public hearings at least 30 days and not more than 45 days prior to the date of the first hearing conducted by the planning and zoning commission, and not more than 45 nor less than 30 days prior to the date of any deferred public hearing as contemplated in subsection 66-165(f)(3). If the application is for amendment to the official zoning maps, then the notice shall also include the location of the property, the present zoning district of the property, and the proposed zoning district of the property.

(b)

Signs. As to an application to amend the official zoning maps, the planning and development department director shall post at least 15 days and not more than 45 days prior to the planning and zoning commission's public hearing and not more than 45 days nor less than 15 days prior to the date of any deferred public hearing in a conspicuous place adjacent to the public right-of-way along all frontages of the property for which an application has been submitted, signs containing information as to the application as set forth in section 66-161 and the date, time and place of the public hearing.

(c)

Mailed notice. With respect to any action for which this Code has delegated decision-making power to anyone other than the board, including variances, notice of any public hearing by such body shall be mailed to the owner of the property that is the subject of the proposed action.

(d)

Publishing of notice. In the event the rezoning is initiated by the board of commissioners, the legal notice published need only contain the time, place and purpose of the hearing, and there is no requirement that a sign be placed.

(Res. of 7-17-2007(4); Amend. of 1-12-2010; Ord. of 12-4-2020(1); Ord. of 7-18-2023(1))

An application shall not be withdrawn by the applicant after the legal advertising, as required by this article, has first appeared, except as may be permitted by the planning and zoning commission or the board of commissioners at their public hearing.

(Res. of 7-17-2007(4); Amend. of 1-12-2010)

(a)

Hearing. The planning and zoning commission and the board of commissioners shall hold public hearings on each application or text amendment as provided in section 66-162.

(b)

Director's reports.

(1)

The director of the planning and development department at the public hearings shall state staff's recommendation for each application or text amendment after hearing proponents and opponents issues.

(2)

For the BOC hearing, the director will also state the planning and zoning recommendation.

(c)

Considerations. In addition, the planning and zoning commission and the board of commissioners shall, with respect to each application or text amendment, consider each of the matters set forth in subsection (d) of this section, and the recommendation of the director of the planning and development department.

(d)

Standards governing consideration of a zoning change. All amendments to the zoning map shall be viewed by the planning and zoning commission and the board of commissioners in light of the following standards used to determine the balance between an individual's unrestricted right to the use of his or her property and the public's right to the protection of its health, safety, morality, or general welfare of the community. These standards shall be printed and copies thereof shall be available to the general public during regular business hours. Emphasis may be placed on those criteria most applicable to the specific use proposed:

(1)

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

(2)

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

(3)

Will the proposed use adversely affect the existing use, value or usability of adjacent or nearby property?

(4)

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

(5)

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

(6)

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

(7)

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

(8)

Does the proposed use reflect a reasonable balance between the promotion of the public health, safety, and a reasonable private use of the subject property?

(9)

In addition to the standards enumerated in items (1)—(8) of this section, the planning and zoning commission and the board of commissioners may consider the following standards in a rezoning application if applicable:

a.

Duration for which the property has been vacant;

b.

Development patterns and trends in the community; and

c.

Potential air, water, noise and light pollution.

(e)

Amendments to the application or to text amendments.

(1)

The planning and zoning commission may recommend amendments to an applicant's request which would: reduce the land area, change the district requested, number of dwelling units, locations of ingress and egress, and building height. The planning and zoning commission may also apply buffers, increase setbacks and hours of operation and impose conditions of rezoning, which may be deemed advisable so that the purpose of this chapter will be served, and the health, public safety and general welfare are secured.

(2)

The board of commissioners is hereby authorized also to enter into a development agreement setting forth the conditions placed on the approval of a zoning application. The development agreement will be referred to the planning and zoning commission to draft the conditions and terms before resubmitting to the board of commissioners for approval.

(3)

If the request is for a rezoning of a portion of a parcel or shall result in the combination of multiple parcels or a portion of multiple parcels, the approval of such rezoning shall be conditioned upon the resurveying and recordation in the Superior Court of Putnam County of an accurate plat within 120 days of approval by the board of commissioners. A copy of the recorded plat shall be filed with the planning and development department director. Failure to file a plat pursuant to this subsection shall have the effect of invalidating the rezoning action. If conditions have been made to the rezoning approval, the new zoning district designation on the official zoning maps shall include an asterisk (*), such conditions being reflected in the official minutes of the meeting of the board of commissioners.

(f)

Planning and zoning commission's and board of commissioners' decisions.

(1)

The planning and zoning commission may recommend approval or deny the application, or change, reduce or modify any part of the application to best achieve a balance between rights of the applicant and the public interest.

(2)

The board of commissioners may grant approval or deny the application, or change, reduce or modify any part of the application to best achieve a balance between rights of the applicant and the public interest.

(3)

The planning and zoning commission and the board of commissioners may defer its vote to another hearing date, or allow an application to be withdrawn with or without prejudice with respect to the 12-month limitation of this division. An action by the planning and zoning commission or the board of commissioners to defer the application shall include a statement of the date and time of the next meeting at which the application will be considered. However, if the second public hearing will allow continued presentation of positions or information by proponents or opponents, the deferred hearing also shall be readvertised in compliance with section 66-163.

(g)

Communication to property owner after approval. After each application has been disposed of by the board of commissioners, the property owner shall receive notification from the director of the planning and development department of the zoning change and the conditions related thereto. The director shall also notify the property owner to survey and plat new divisions of property for recording, if applicable.

(h)

File maintenance. The department of the planning and development shall maintain a file containing each application, which shall remain current throughout the development's construction to completion. The file shall contain references to all other permits issued pursuant to the approval of the rezoning. The department may maintain a summary of the pertinent data and status of the development in a computer database.

(Res. of 7-17-2007(4); Amend. of 3-18-2008; Amend. of 1-12-2010; Amend. of 4-17-2012(2); Amend. of 9-17-2013(2); Ord. of 9-15-2020(1); Ord. of 12-4-2020(1); Ord. of 6-25-2024(2))

Editor's note— An amendment adopted Jan. 12, 2010, changed the title of § 66-165 from "Board of commissioners action on rezoning application or text amendment" to "Action on rezoning application or text amendment."

(a)

All approved rezoning applications are subject to the Putnam County Code of Ordinances and to the conditions as may have been applied by the board of commissioners. All the approved rezoning applications must comply with the International Building Code, the development regulations, and to the performance standards of this chapter prior to any disturbance of land. The director may modify the application to the extent that compliance with the International Building Code, development regulations, and performance standards may require.

(b)

Any alterations of conditions of rezoning as applied by the board of commissioners shall be processed in accordance with all provisions applicable to changes to the official zoning maps.

(Res. of 7-17-2007(4))

(a)

A member of the planning and zoning commission, the board of commissioners, or any other county official must comply with O.C.G.A. § 36-67A-3, as amended.

(b)

When any opponent of a rezoning action has made, within two years immediately preceding the filing of the rezoning action being opposed, campaign contributions aggregating $250.00 or more to a local government official of the local government which will consider the application, it shall be the duty of the opponent to file a disclosure with the governing authority of the respective local government showing:

(1)

The name and official position of the local government official to whom the campaign contribution was made; and

(2)

The dollar amount and description of each campaign contribution made by the opponent to the local government official during the two years immediately preceding the filing of the application for the rezoning action and the date of each such contribution. The disclosure required by this section shall be filed at least five calendar days prior to the first hearing by the local government or any of its agencies on the rezoning application.

(c)

When any applicant for a rezoning action has made, within two years immediately preceding the filing of that applicant's application for the rezoning action, campaign contributions aggregating $250.00 or more to a local government official who will consider the application, it shall be the duty of the applicant to file a disclosure report with the governing authority of the respective local government showing:

(1)

The name and official position of the local government official to whom the campaign contribution was made; and

(2)

The dollar amount and description of each campaign contribution made by the applicant to the local government official during the two years immediately preceding the filing of the application for the rezoning action and the date of each such contribution. The disclosures required by this section shall be filed within ten days after an application for the rezoning action is first filed.

(Res. of 7-17-2007(4); Amend. of 1-12-2010)

This article, as from time to time amended, is intended to set forth and constitute the policies, procedures and standards required under O.C.G.A. § 36-66-5, and copies of this article's provisions shall be available to the public upon request.

(Res. of 7-17-2007(4))