Rockdale County Unincorporated
City Zoning Code

CHAPTER 238

PROCEDURES

Sec. 238-1.- Administrative bodies.

The provisions of the UDO shall be administered by the department of planning and development in association with the planning commission, the board of adjustment, and the board of commissioners of Rockdale County.

(Ord. No. 0-2006-32, §§ 1—3, 11-28-2006; Ord. No. O-2025-08, § II, 4-8-2025)

Sec. 238-2. - Board of commissioners.

(a)

Duties. The specific duties of the board of commissioners with respect to the UDO shall include, but not be limited to, the following:

(1)

Recommendations. Receiving from the department and from the planning commission recommendations concerning the comprehensive plan, amendments to the comprehensive plan, amendments of provisions of the UDO, special use permits or any other matters relating to planning and zoning within the county.

(2)

Public meetings. Conducting public hearings and meetings for the purpose of receiving information and public comment and taking final action on amendments to the comprehensive plan, text of the UDO, official zoning map, special use permit, and other actions pursuant to the UDO. The board of commissioners may conduct public hearings and may solicit additional advice, information or comments prior to rendering its decision.

(Ord. No. 0-2006-32, §§ 1—3, 11-28-2006)

Sec. 238-3. - Planning commission.

(a)

Authority. The planning commission shall have the authority granted by section 2-135 of the Rockdale County Code of Ordinances and by the provisions of the UDO.

(b)

Purpose and duties. The purpose and duties of the planning shall include, but not be limited to, conducting public hearings, requesting and receiving studies and reports from staff, and reviewing and making recommendations to the board of commissioners concerning matters brought before them. Carrying out this purpose shall include, but not be limited to, the following duties:

(1)

To review and make recommendations regarding proposed amendments to the comprehensive plan, UDO, official zoning map, and applications for special use permits according to the standards of subsection 238-6(c) of this chapter.

(2)

To review preliminary and final plats according to the standards of the UDO.

(3)

To advise the board of commissioners regarding environmental policy, comprehensive planning, community development, housing, transportation, land use issues, and capital improvements.

(4)

To work with the department, other county departments, boards, and authorities, when appropriate for the planning commission, the board of commissioners in carrying out their various functions by making recommendations to achieve the desired benefits on behalf of present and future Rockdale County residents, businesses, and property owners.

(c)

Finances. The expenditures of the planning commission, exclusive of gifts, shall be within the amounts appropriated for that purpose by the board of commissioners.

(d)

Appointment and terms.

(1)

Composition. The planning commission shall be composed of five members. Members of the planning commission shall be residents of the county and shall be appointed by the board of commissioners.

(2)

Terms. Three of the members initially appointed to serve on the planning commission shall serve for a term of three years each, and the other two members initially appointed to serve on the planning commission shall serve a term of four years each. Thereafter, each person appointed to serve on the planning commission shall serve for a term of four years each, the intent being to have staggered terms for membership on the planning commission. Each person appointed to be on the planning commission shall serve for the term the member was appointed for unless the person dies, resigns, or is otherwise disqualified from serving or removed from said position.

(3)

Qualifications. When possible, the chair and at least two other members of the planning commission shall be professionally qualified in the fields of planning, architecture, landscape architecture, civil engineering, real estate, building construction, or related fields.

(4)

Compensation. All members of the planning commission shall serve without compensation but may be reimbursed for expenses as outlined in a resolution adopted by the county, incurred in connection with their official duties.

(5)

Vacancies. All appointees shall continue to serve until a successor is appointed. Any vacancy in the membership shall be filled for the unexpired term in the same manner as the initial appointment. If a member appointed by the board of commissioners moves to reside outside of the county, such members shall be deemed to have resigned from the planning commission.

(6)

Other offices. Members of the planning commission shall hold no other elected or appointed office or other county-compensated position.

(7)

Expiration of term. Appointments shall expire on July 1 in the last year of the term.

(8)

Removal from office. A member of the planning commission may be removed from office before the expiration of his/her appointed term by a majority vote of the board of commissioners. A member also may be automatically removed pursuant to subsection (h)(3).

(e)

Planning commission officers.

(1)

Chair. In July of each year, the planning commission shall elect its chairperson from among its members. The chair's term shall be one year with eligibility for re-election.

(2)

Duties of the chair. The chair shall preside over all meetings and hearings of the planning commission and decide all points of order and procedure. The chair may appoint committees necessary to assist and advise the planning commission in its work.

(3)

Vice-chair. The planning commission shall elect a vice-chair in July of each year. The vice-chair's term shall be one year with eligibility for re-election.

(4)

Duties of the vice-chair. The vice chair shall serve as an acting chair in the absence of the chair and, when acting in such capacity, shall have the same powers and duties as the chair.

(5)

Secretary. A designated person from the department shall serve as the secretary of the planning commission. The secretary shall have responsibility for assisting the chair with scheduling and preparing an agenda for meetings; providing copies of staff reports to members of the planning commission; preparing public notice of hearings and other meetings; and making, publishing and preserving public records of the attendance, proceedings, reports and actions of the planning commission; attendance to the correspondence of the planning commission; and other duties assigned by the chair, subject to the budgetary limitations of the department.

(f)

Committees. The chair may appoint, with the concurrence of the planning commission, various standing and temporary committees to further the purposes of the planning commission. Such committees may include ex-officio members of the staff of various county departments (excluding the staff of the board of commissioners), residents and business owners of the county, and other individuals whose background and knowledge may be of benefit to the planning commission in its deliberations.

(g)

Meetings of the planning commission.

(1)

Regular meetings. Unless there is no business to be conducted, the planning commission shall hold regularly scheduled meetings each month. The planning commission shall establish and make available to the public the time, place, and dates of its regular meetings. Except as otherwise authorized by the Georgia Open Meetings Act, O.C.G.A. § 50-14-1 et seq., all meetings shall be open to the public. Public notice of all meetings shall be as required by said Georgia Open Meetings Act. Each member shall be notified of each regular meeting at least five days preceding the meeting through a written agenda prepared and distributed by the secretary.

(2)

Special-called meetings. The chair, secretary, or a majority of the planning commission may call a special meeting at any time provided that written notice is posted for at least 24 hours at the place of regular meetings and written or oral notice is given at least 24 hours in advance of the meeting to the official legal organ of the county. The secretary shall prepare and cause to be delivered a written notice stating the specific purpose of the special-called meeting to each planning commission member at least 24 hours in advance of the meeting. No business other than the specific stated purpose shall occur at the special-called meeting.

(3)

Cancellation of meetings. In the event there is a lack of business to be discussed and/or voted upon at a future meeting, the meeting may be canceled. In such a case, the secretary should notify each member at least 24 hours before such a scheduled meeting and shall place appropriate public notice at the county courthouse or annex building stating the date of the canceled meeting at least 24 hours in advance of the scheduled meeting.

(4)

Agenda and minutes.

The chair and secretary shall determine the meeting agenda. All matters to be considered and/or acted upon by the planning commission shall appear on the agenda. The agenda should be available before each meeting and posted at the meeting site for the public.

Not more than two business days following the adjournment of a meeting of the planning commission, the secretary shall ensure that a written summary of the subjects acted on by the planning commission and a list of those members present is available for public inspection in the offices of the department.

Meeting minutes shall include and indicate all important facts, a report on all actions taken, a listing of those members present and those absent, a record of the vote of each member on each action taken on each matter and a summary of any explanation or commentary that is relevant to the decisions made on matters before the planning commission.

Copies of the approved minutes for each meeting of the planning commission shall be available to the public immediately following the next regularly scheduled meeting of the planning commission.

(5)

Procedures. The planning commission shall make its own rules of procedure and determine its time of meeting. Such rules shall be subject to the approval of the board of commissioners. Robert's Rules of Order shall govern any procedural question not otherwise covered by section 238-3 or said rules of procedure.

(6)

Order of business at meetings. The order of business at meetings shall be as follows:

Roll call and determination of a quorum.

Approval of the minutes of previous meetings.

Approval of the agenda.

Unfinished business.

New business.

Reports.

Adjournment.

(7)

Agenda changes. The chair may change the order of the agenda on matters appearing on the agenda during the meeting if, in his or her judgment, time and purpose may be served.

(h)

Quorum and voting.

(1)

Quorum. A quorum shall consist of three members of the planning commission. A majority vote of those present constituting a quorum shall be sufficient to decide all matters that come before the planning commission except where a greater number is required by Roberts Rules of Order.

(2)

Voting.

A planning commission member who is part of a quorum of the planning commission during the consideration of any matter but not participating in the discussion or voting on a specific matter because of a conflict of interest shall be considered present for quorum purposes but abstaining from voting on that specific matter. No planning commission member who is present may abstain from voting except in the case of having a conflict of interest concerning the matter under consideration as provided in O.C.G.A. § 36-67A-1 et seq.

A majority of the vote of those members present of the planning commission is required for approval of all motions. A motion that fails by a majority vote shall not be deemed as approval of the opposite position.

The planning commission may add conditions to any proposed amendment to the comprehensive plan, amendment to the official zoning map, or any special use permit it deems necessary to mitigate impacts of the proposal upon surrounding properties consistent with the purposes of the county's resolutions, ordinances, regulations, policies and procedures.

(3)

Attendance. If any member of the planning commission is absent without cause for three consecutive regular meetings of the commission, that member shall be automatically removed from membership, and a replacement shall be appointed in the same manner as the initial appointment as described in subsection (d)(1) of this section.

(Ord. No. 0-2006-32, §§ 1—3, 11-28-2006; Ord. No. O-2025-08, § III, 4-8-2025)

Sec. 238-4. - Amendments.

(a)

Initiation of amendments.

(1)

Persons entitled to propose amendments. Amendments to the official zoning map or to the future land use map of the comprehensive plan may be initiated by:

• The owner(s) of the subject property or the authorized agent(s) of the owner(s) of the property, or

• The board of commissioners pursuant to a proposed ordinance introduced by one or more members of the board of commissioners.

• Staff through a proposed ordinance.

Amendments to the text of the comprehensive plan and amendments to Title 2 of the UDO may only be initiated by:

• The board of commissioners pursuant to a proposed ordinance introduced by one or more members of the board of commissioners, or

• Official action of the planning commission, or

• Staff through a proposed ordinance.

Once an amendment to the future land use map, official zoning map, text of the UDO, or text of the comprehensive plan is initiated, no application for a land disturbance permit or land development or building permit, variance or appeal for property subject to such amendment shall be accepted until final action is taken on the proposed amendment. No amendments to the text of the comprehensive plan or Title 2 of the UDO, the official zoning map or the comprehensive plan land use maps shall become effective unless it has been submitted to the planning commission for public hearing and recommendation pursuant to the requirements of this chapter.

(2)

Application schedule.

Amendments to the official zoning map, to the text of the UDO and to the comprehensive plan must be submitted at least 60 days prior to the date on which final action is to be considered by the board of commissioners.

Review and consideration of text, zoning and comprehensive plan amendments will be scheduled before the planning commission and board of commissioners in accordance with a schedule prepared annually by the department of planning and development.

An application for an amendment to the comprehensive plan land use maps or the official zoning maps affecting all or a portion of the same property shall not be submitted more than once every 12 months measured from the date of final decision by the board of commissioners. The board of commissioners may waive or reduce this 12-month time interval by resolution, provided that if the application was denied by the board of commissioners, the time interval between the date of said denial and any subsequent application or amendment affecting the same property shall be no less than six months. This 12-month time interval shall not apply to amendments initiated by the board of commissioners, provided that if such a proposed amendment to the official zoning map or comprehensive plan land use map was denied by the board of commissioners, the time interval between the date of said denial and any subsequent application or amendment shall be no less than six months.

Following an application for a text, zoning or land use amendment, the department of planning and development shall present an ordinance to the board of commissioners for consideration of a first reading. If the application is initiated by a property owner, the board of commissioners shall refer the application to the planning commission for review and recommendation. If the application is initiated by the board of commissioners pursuant to a proposed ordinance introduced by one or more members of the board of commissioners, or official action of the planning commission, or staff through a proposed ordinance, the first reading of the application may be approved by the board of commissioners for referral to the planning commission for review and recommendation or the first reading of the application may be denied, terminating the application process.

(b)

Content of applications.

(1)

Amendments. Applications to amend the official zoning map or the comprehensive plan shall be submitted on a form available from the department and shall, at a minimum, include the following:

An application fee as established by the board of commissioners.

The name, address, telephone number, fax number, and email address (if applicable) of the owner, and the same information from the applicant, if different.

The street address and a valid legal description of the property to be reclassified.

The applicant's interest in the property, if the applicant is not the owner.

An electronic/digital version of a property survey, drawn to scale, showing north arrow, land lot and district, location of the tract, dimensions along all property lines, acreage of the tract and the street names and right-of-way dimensions of abutting streets. The plat shall be prepared by an architect, engineer, landscape architect or land surveyor whose state registration is current and valid. The preparer's signature and seal shall be affixed to the plat.

A narrative description of the intent of the proposed amendment and the intended timing and phasing of development.

The current and proposed zoning and land use classification, existing and proposed uses of the property proposed to be reclassified and all zoning and land uses of properties abutting the subject property.

A written statement addressing how the proposed amendment to the official zoning map or comprehensive plan would impact the capacities of public facilities including, but not limited to, transportation facilities, sewage facilities, water supply, parks, drainage, schools, solid waste and emergency medical facilities.

A written statement addressing how the proposed amendment to the official zoning map or comprehensive plan would impact the natural environment, especially existing trees, water bodies and water quality.

A written statement addressing how the proposed amendment to the official zoning map or comprehensive plan would result in an orderly and logical development pattern.

If the application requests a change in the official zoning map, the applicant shall provide a written statement addressing the standards governing the exercise of zoning as listed in subsection (g)(1) of this section. If the application requests a change in the future land use map, the applicant shall provide a written statement addressing the standards for review of comprehensive plan amendments as listed in subsection (g)(2) of this section.

Any such other information or documentation as the department may reasonably deem necessary or appropriate to a full and proper consideration and disposition of the particular application consistent with required review standards.

If the proposed amendment to the official zoning map would meet the thresholds of a development of regional impact (DRI) as described in section 238-5, the applicant shall prepare and submit to the department the necessary documentation required by such section.

(c)

Withdrawal of applications. An application for an amendment to the official zoning map or comprehensive plan that is filed prior to the deadline for filing such amendment may be withdrawn with full refund of fees prior to the application deadline upon a written request by the applicant. An application may be withdrawn upon a written request by the applicant prior to the submittal for publication of the required legal advertising in the legal organ of the county; however, there shall be no refund of application fees after the application deadline has passed.

(d)

Procedures for review of applications.

(1)

Pre-application conference. At least ten business days prior to submitting an application for an amendment to the comprehensive plan or official zoning map, the applicant should schedule a pre-application conference with the department. The purpose of this meeting is to acquaint the applicant with the requirements of the UDO and the views and concerns of the county. Within ten business days of such a request, the department shall schedule a pre-application conference with the applicant and other relevant county departments.

(2)

Application submission. Within five business days after the established deadline for applications for an amendment to the official zoning map or the comprehensive plan, the department shall determine whether the application is complete. If the department determines the application is not complete, the director shall send a written statement to the applicant (by first-class mail) specifying the application's deficiencies. The application shall be returned to the applicant with a refund of fees paid, and the department shall take no further action on the application until it is re-submitted for a subsequent application cycle. No application that has been determined as complete shall be amended later than the required deadline for advertising in the legal organ of the county prior to the scheduled hearing before the planning commission, except as provided for in this code section.

(3)

Application review. When the department determines an application for an amendment to the official zoning map or the comprehensive plan is complete, the department shall distribute copies of the application for review and comment to representatives from county agencies and departments including planning, zoning, transportation, stormwater, general engineering, GIS, water/sewer, environmental health, 911, county arborist/urban forester, fire marshal, board of education and any other public agencies having jurisdiction over the proposed action that are invited by the department.

(4)

Site review. Prior to issuing its report and recommendation regarding the subject amendment, the department shall conduct a site review of the property and surrounding area and consult with and/or review comments from the representatives of the appropriate county agencies and departments regarding the impact of the proposed amendment upon public facilities and services.

(5)

Staff analysis and standards of review.

The department shall prepare an analysis of each proposed amendment and shall present its findings and recommendations in written form to the planning commission. Copies of the written report and recommendations of the staff shall be made available to the public at the planning commission public hearing.

In determining whether to recommend approval or denial of an application to amend the official zoning map, the department shall consider and apply the standards in subsection (g)(1) of this section.

In determining whether to recommend approval or denial of an application to amend the comprehensive plan, the department shall consider and apply the standards in subsection (g)(2) of this section.

Recommended amendments. The department's report may recommend amendments to the applicant's request that would reduce the land area for which the application is made, recommend a change in the district requested to a less intensive or lower density than requested, or recommend conditions of approval, as provided in section 238-15 of this chapter.

(6)

Public hearing. Upon notification of the completed application for an amendment to the official zoning map or an amendment to the comprehensive plan, the planning commission shall place it on the agenda of a regular meeting for a public hearing in accordance with the requirements of the UDO.

(7)

Public notices. The public notices and public hearings held by the planning commission and board of commissioners concerning the application shall be in accordance with the requirements of the UDO.

(8)

Developments of regional impact (DRI). If the proposed amendment to the official zoning map would meet the thresholds of a dri, as described in section 238-5 of this chapter, the county shall follow the procedures outlined in said section 238-5 prior to taking any action to further such proposed amendment in the development process.

(e)

Notice of public hearings.

(1)

Legal notice. Due notice of public hearings, pursuant to this section, shall be published in a newspaper of general circulation within the county. The legal advertisement shall be published at least 15 days but not more than 45 days prior to the date of each required public hearing. The notice shall state the time, place and purpose of the hearing. If the proposal is to amend the official zoning map or future land use map and is initiated by a party other than the Rockdale County Board of Commissioners, it shall also contain the location of the property, current land use category and zoning district of the property, and the proposed land use and zoning district of the subject property. Notices for variance applications shall include reference to the section of this UDO from which the applicant is seeking a variance.

(2)

Signs posted. For an application to amend the official zoning map or future land use map, or a special use permit, or a variance from the requirements of this UDO, the department shall post a sign or signs at least 15 days prior to each public hearing required by this section. Sign(s) shall be double-faced and a minimum of 24 inches x 36 inches in size. Signs shall be posted in a conspicuous place in the public right-of-way fronting the property or on the property for which an application has been submitted. Faces of sign(s) shall be placed approximately perpendicular to the centerline of the principal abutting street. The sign shall state the date, time and place of the public hearing, the name of the applicant, the purpose of the application, the street address of the property, the current land use category and zoning district of the property, the proposed land use category and zoning district of the property, and the phone number of the department. A sign shall not be required for amendments to the text of the UDO or comprehensive plan, nor for amendments or ordinances initiated by the board of commissioners.

(3)

Letters to adjoining property owners. For an application to amend the future land use map, other than an amendment initiated by the board of commissioners, the department shall send notification of the requested application by regular mail to all adjacent property owners as shown by the county tax records at the time of filing. For an application to amend the official zoning map or for a special use permit, other than an amendment initiated by the board of commissioners, the department shall send notification of the requested application by regular mail to all adjacent property owners as shown by the county tax records at the time of filing. For an application for a variance from the requirements of this UDO, the department shall send notification of the requested variance by regular mail to all adjacent property owners as shown on the county tax records at the time of filing. All such notifications shall be mailed at least 15 days prior to the first required public hearing and shall include a description of the application, and the date, time and place of all scheduled public hearings.

(4)

When a proposed zoning amendment, variance or special use permit relates to or will allow the location or relocation of a halfway house, drug rehabilitation center, or other facility for treatment of drug dependency, a public hearing shall be held by the planning commission on the proposed action. The hearing required by this subsection shall be at held at least six months and not more than nine months prior to the date of final action on the zoning decision and shall be in addition to other public hearings required under this subsection. The department shall publish a notice of the time, location and date of such hearing that shall include a prominent statement that the proposed action relates to or will allow the location or relocation of a halfway house, drug rehabilitation center, or other facility for treatment of drug dependency. Such notice shall be given by the following:

Posting a sign as provided in subsection (2) of this subsection displaying such notice; and

At least 15 days and not more than 45 days prior to the date of the hearing, the department shall publish such notice in a newspaper of general circulation within the county. Such notice shall be at least six column inches in size and shall not be located in the classified advertising section of the newspaper.

(f)

Rules of procedure for public hearings.

(1)

Public hearing procedures for the planning commission. For each matter concerning the amendment of the comprehensive plan, the official zoning map, text of the UDO or for any matter concerning the issuance of a special use permit or other matter on the agenda that requires a public hearing and a vote of the planning commission, the following procedure shall be followed:

Rules of procedure and presentation, as well as standards governing the exercise of the power of zoning, as applicable, shall be in writing and shall be available for distribution to the general public.

The chair shall announce each matter to be heard and state that a public hearing is to be held on such matter.

The chair shall request a report from the staff regarding its findings and recommendations.

The chair shall provide an opportunity for the applicant and any who support the applicant's petition to speak. The chair shall provide equal opportunity for those who wish to speak in opposition to the applicant's petition. The chair may limit the presentation of those for and against a petition to a reasonable length of time, but not less than ten minutes per side. If desired, the applicant may reserve a portion of his/her allotted time for rebuttal and summary comments to be made following presentation of those opposed to the petition.

Prior to speaking, each speaker shall identify himself/herself and state his or her current address. Each speaker shall limit remarks to data, evidence and opinions relevant to the proposed petition. Speakers shall address all remarks to the chair.

Following the allotted time for proponents and opponents, the chair shall close the public hearing with respect to the subject matter and seek a motion to act upon the petition as provided in subsection (h) of this section.

(2)

Public hearing procedures for the board of commissioners. For each matter concerning the amendment of the comprehensive plan, the official zoning map, text of the UDO or for any matter concerning the issuance of a special use permit or other matter on the agenda that requires a public hearing and a vote of the board of commissioners, the following procedure shall be followed:

The chair shall announce each matter to be heard and state that a public hearing is to be held on such matter.

The chair shall request a report from the staff regarding its findings and recommendations.

Following the allotted time for proponents and opponents, the chair shall close the public hearing with respect to the subject matter.

(3)

Continuance of a public hearing. All items on an advertised agenda for a public hearing shall be heard on the scheduled date, except in the case of a public hearing of the board of commissioners, if a majority of the members of the board of commissioners present at the public hearing determine that specific circumstances surrounding the matter warrant the continuance of the hearing on the matter to a specific future date and time. In such instances, the department shall provide public notice of the new time, date, and location of the continued hearing consistent with the notices provided in subsections (e)(1), (e)(2), and (e)(3) of this section.

(g)

Application review standards.

(1)

Standards governing the exercise of zoning power. In reviewing the application of a proposed amendment to the official zoning map, the board of commissioners, the planning commission and the department shall consider the following standards:

Whether a proposed rezoning will permit a use that is suitable, in view of the use and development of adjacent and nearby property.

Whether a proposed rezoning will adversely affect the existing use or usability of adjacent or nearby property.

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

Whether the proposed rezoning will result in a use that will or could cause an excessive or burdensome use of existing streets, transportation facilities, utilities or schools.

Whether the proposed rezoning is in conformity with the policy and intent of the comprehensive plan.

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 rezoning.

Whether, and the extent to which, the proposed amendment would result in significant adverse impacts on the natural environment.

The feasibility of serving the property with public wastewater treatment service and the impacts of such on the wastewater system; and, if an alternative wastewater treatment method is proposed, whether such wastewater treatment method is authorized in Rockdale County and will have a detrimental impact on the environment.

(2)

Standards for review of comprehensive plan amendments. When considering an application to amend the future land use map, the board of commissioners, the planning commission and the department shall consider:

Whether a proposed future land use map amendment would result in a future land use classification that is more consistent with the text and policies of the comprehensive plan than the current classification of the property on the future land use map.

Whether the proposed amendment would result in a land use that is more compatible with the current and future land use of adjacent and nearby property.

Whether the proposed amendment would result in more efficient use of publicly financed community facilities and infrastructure.

The extent to which the proposed amendment would increase adverse impacts on the natural environment; especially water quality, greenspace preservation and air quality.

Whether the proposed amendment would reduce dependence on the automobile.

The extent to which the proposed amendment would increase adverse impacts on historic or cultural resources.

If an amendment would affect only a single parcel, whether it should be made part of an area-wide review of future land use that includes review of future land use for the subject parcel and other surrounding property.

The degree to which the proposed amendment would have adverse impacts on land in adjacent municipalities and local governments.

Whether the proposed amendment would result in any negative impacts on the public water supply and wastewater collection and treatment systems or would conflict with adopted long-term water and sewer plans.

(h)

Action by planning commission. In making a recommendation on the application for an amendment to the comprehensive plan or to the official zoning map, the planning commission shall review and consider the application and materials of record, the recommendations of the department and the applicable standards in subsection (g) of this section.

(1)

Recommendation. Within a reasonable time of the conclusion of the public hearing regarding a proposed amendment, the planning commission shall make a recommendation to the board of commissioners to:

Approve the proposed amendment as requested by the applicant.

Approve an amendment to include a lesser geographic area or a less intense zoning district or land use category.

Approve the proposed amendment with conditions.

Deny the proposed amendment.

(2)

No recommendation. A motion that fails by majority vote shall not be deemed as approval of the opposite position, and a new motion must be made to approve the opposite position. If the planning commission fails to make a decision on a recommendation regarding an application following at least three motions, it shall be deemed to have given a recommendation of "no recommendation" on the proposed amendment.

(i)

Action by the board of commissioners.

(1)

Public hearing. Upon receipt of the recommendation of the department and planning commission, the board of commissioners shall place the application on a public hearing agenda of the board of commissioners for a public hearing or hearings, in accordance with the requirements of this chapter.

(2)

Considerations by the board of commissioners. In making a decision on the application for an amendment to the comprehensive plan or the official zoning map, the board of commissioners shall review and consider the application and materials of record, the recommendation of the department, the planning commission, and the applicable standards in subsection (g) of this section. The director shall prepare a proposed ordinance for action by the board of commissioners to effect the proposed amendment.

(3)

Actions by board of commissioners. At the first regularly scheduled board of commissioners' meeting of the following month subsequent to the board of commissioners' public hearing, the board of commissioners shall take one of the following actions regarding the proposed amendment:

Approve the proposed amendment, as requested by the applicant.

Approve the proposed amendment with conditions;

Approve an amendment to include a lesser geographic area or a less intense zoning district or land use category.

Deny the proposed amendment.

Refer the matter back to the planning commission for reconsideration at its next regularly scheduled or called meeting; if such referral includes a public hearing, the matter shall be re-advertised in accordance with subsections (e)(1) and (e)(2) of this section.

Defer final action until the next regularly scheduled or special called meeting.

(4)

Notification and final record of action. Within ten business days following action by the board of commissioners, written notification shall be mailed to the applicant and property owner, if different. Thereupon the department shall record the map amendment on the official zoning map or future land use map, as appropriate.

(Ord. No. 0-2006-32, §§ 1—3, 11-28-2006; Ord. No. 0-2012-01, §§ 1—13, 2-28-2012; Ord. No. 0-2013-16, § 1, 12-10-2013)

Sec. 238-5. - Developments of regional impact (DRI).

(a)

Application. When an application for rezoning, special use, variance, preliminary plat review or permit includes any proposed development of a use and intensity that meets the definition of a DRI in the most recently published standards of the GRTA, it shall be deemed to be a DRI. The application for such rezoning, conditional use, variance, preliminary plat review or permit shall include the information required for review of a DRI in accordance with the most recently published procedures of the Georgia Regional Transportation Authority (GRTA) and the Atlanta Regional Commission (ARC).

(b)

Procedures. The applicant shall provide all documentation and attend all meetings necessary to meet the most recently published standards and procedures for review of DRI applications required by GRTA and the ARC.

(c)

Recommendation from the ARC and GRTA. No required public hearings or final action shall occur on such a rezoning, conditional use, variance, preliminary plat review or permit application by the board of commissioners until a recommendation is received from the ARC and GRTA regarding the DRI.

(d)

Certified copy of resolution. After the board of commissioners takes final action on the application, the department shall transmit to ARC and the Georgia Department of Community Affairs a certified copy of the ordinance recording the action, including a record of the total number of members of the board of commissioners that voted for and against approval of the application.

(Ord. No. 0-2006-32, §§ 1—3, 11-28-2006)

Sec. 238-6. - Special use permits.

(a)

Purpose. The purpose of this section is to provide for uses that are generally compatible with the use characteristics of a zoning district but that require individual review of their location, design, intensity, configuration and public facility impact to determine the appropriateness of the use of any particular site in the district and compatibility with adjacent uses. A special use may not be approved in a given zoning district unless it is listed as a special use for the subject district in the use table in section 218 of the UDO.

(b)

Authority. The board of commissioners may, in accordance with the procedures, standards and limitations of the UDO, take final action on applications for special use permits for those uses listed in each of the zoning districts in the use table in section 218 of the UDO.

(c)

Application procedures.

(1)

Special use permit applications may be initiated upon application by the owner(s) of the subject property or the authorized agent of the owner(s).

(2)

Applications for special use permits shall be made on forms published and provided by the department and shall be filed with the department.

(3)

Each applicant shall complete all questions and requested materials contained within the required application form and shall provide all of the following information:

Survey plat of subject property, prepared within the last ten years by a professional engineer, landscape architect or land surveyor registered in the State of Georgia. Said survey plat shall:

Indicate the complete boundaries of the subject property and all buildings and structures existing thereon.

Include a notation as to whether or not any portion of the subject property is within the boundaries of the 100-year floodplain.

Include a notation as to the total acreage or square footage of the subject property.

Name, mailing address and phone number of all owners of the property which is the subject of the application for special use permit;

Signed and notarized affidavit of all owners of the subject property authorizing the filing of the application for special use permit, and where applicable, the signed and notarized affidavit of the owner(s) of the subject property authorizing an applicant or agent to act on their behalf in the filing of the application for special use permit. The application also shall contain the mailing address, email address, fax number and phone number of any applicant or agent who is authorized to represent the owner(s) of the subject property;

Written legal description of property.

Statement of current zoning classification of property, the proposed use of the property.

A written, documented analysis of the impact of the proposed special use permit with respect to each of the criteria contained in subsection (m) of this section and, where applicable to the use proposed, also the applicable supplemental regulations contained in chapter 218, article III of the UDO.

Complete and detailed site plan of the proposed use prepared, signed and sealed by an architect, landscape architect or engineer licensed in the State of Georgia showing the following:

All buildings and structures proposed to be constructed and their location on the property;

Height of proposed building(s);

Proposed use of each portion of each building;

All driveways, parking areas, and loading areas;

Location of all trash and garbage disposal facilities;

Setback and buffer zones required in the district in which such use is proposed to be located;

Existing uses and current zoning of adjacent properties;

Landscaping plan for parking areas;

Method of wastewater treatment for the proposed use;

All other information necessary to demonstrate compliance with subsection (m) of this section and chapter 218, article III, as applicable.

(4)

Application fees. Application fees shall be as established by ordinance by the board of commissioners.

(d)

Staff analysis, findings of fact, and recommendations.

(1)

Applications shall be filed on forms provided by the department and shall not be considered an authorized application unless complete in all respects.

(2)

The department shall conduct a site inspection and shall prepare an analysis of each application for special use permit and shall present its findings and recommendations in written form to the planning commission.

(3)

Staff recommendations on each application for special use permit shall be based on the criteria contained in subsection (m) of this section and in addition, where applicable to the use proposed, to the applicable supplemental regulations contained in chapter 218, article III.

(e)

[Initiation of ordinance.] Applications for a special use permit may only be initiated by the owner(s) of the subject property or the authorized agent(s) of the owner(s) of the property. Once an application for a special use permit is initiated, no application for a land disturbance permit or land development or building permit, variance or appeal for property subject to such amendment shall be accepted until final action is taken on the proposed amendment. Following an application for a special use permit, the department of planning and development shall present an ordinance to the board of commissioners for consideration of a first reading. The board of commissioners shall refer the application to the planning commission for review and recommendation.

(f)

Notice of applications filed. The department shall provide to the board of commissioners, no later than 21 days following the monthly closing date for receipt of applications, a list of all applications for special use permit. The listing of applications shall be reasonably made available to the public.

(g)

Public hearings required. Before deciding on any special use permit pursuant to the requirements set forth in this section, the board of commissioners shall provide for public notice and a public hearing thereon. No application for a special use permit shall be decided by the board of commissioners unless it has been submitted to the planning commission for public hearing and recommendation pursuant to the requirements of this section.

(h)

Notice of public hearings. Notice of public hearing on any proposed application for a special use permit shall be provided as is required in subsection 238-4(e) of this chapter and shall, in addition to the information required in subsection 238-4(e), indicate the special use requested for the subject property.

(i)

Withdrawal of application. An application for a special use permit that is filed prior to the deadline for filing such amendment may be withdrawn with full refund of fees prior to the application deadline upon a written request by the applicant. An application may be withdrawn upon a written request by the applicant prior to the submittal for publication of the required legal advertising in the legal organ of the county; however, there shall be no refund of application fees after the department has accepted an application.

(j)

Action by the planning commission.

(1)

The secretary shall provide the members of the planning commission complete information on each proposed application for special use permit which the commission considers including a copy of the application and all supporting materials, all communications and other writings either in support of or in opposition to the application, and the written report and recommendation of the department applying the required criteria in subsection (m) and supplemental regulations of chapter 218, article III, where applicable, to each application.

(2)

After public notice as required in subsection (h) of this section, the planning commission, shall conduct a public hearing in a manner consistent with subsection 238-4(f) of this chapter. Prior to initiating a motion regarding its recommendation to the board of commissioners the planning commission shall review and consider each of the criteria contained in subsection (m) of this section, and the supplemental regulations contained in section 218, article III, where applicable to the use proposed use.

(3)

The planning commission recommendation on each application shall be based on a determination as to whether or not the applicant has met the criteria contained in subsection (m), the supplemental regulations contained in section 218, article III, where applicable to the use proposed use, and the requirements of the comprehensive plan and zoning district in which such use is proposed to be located.

(4)

The planning commission may recommend the imposition of conditions based upon the facts in a particular case in accordance with section 238-15.

(5)

The planning commission may recommend approval of the special use permit application, approval of the application with conditions, approval of the special use permit for a lesser area, extent or intensity, or denial of the application. Failure to achieve a majority vote following at least three motions on such decision shall result in no recommendation to the board of commissioners on the matter.

(k)

Action by the board of commissioners.

(1)

The board of commissioners, after conducting the public hearing with public notice required by this section, shall take one of the following actions:

Vote to approve the application.

Vote to approve the application with conditions.

Vote to approve the special use permit for a lesser area, extent or intensity.

Vote to deny the application.

Vote to defer the application to its next regular meeting or special called meeting.

Vote to refer the matter back to the planning commission for reconsideration at their next regularly scheduled meeting or special called meeting. If such referral includes a public hearing, the matter shall be re-advertised in accordance with subsections (e)(1), (e)(2), and (e)(3) of section 238-4.

(2)

The decision of the board of commissioners on each application for special use permit shall be based on a discretionary determination as to whether or not the applicant has met the criteria contained in subsection (m) of this section, the use standards contained in chapter 218, article III where applicable to the use proposed, the consistency of the application with the comprehensive plan, the requirements of the zoning district in which such use is proposed to be located, and any additional conditions deemed necessary to ensure the compatibility of the conditional use with the surrounding properties.

(3)

The board of commissioners may impose conditions based upon the facts in a particular case in accordance with section 238-15.

(l)

Time limits of special use permits.

(1)

The board of commissioners shall specify limits, if any, of the duration of each such special use permit which is approved.

(2)

Subject to any limit in duration, the special use permit shall become an integral part of the zoning applied to the subject property and shall be extended to all subsequent owners and interpreted and continually enforced by the department in the same manner as any other provision of the UDO, subject to the limitations provided in subsections (o) and (q) of this section.

(m)

Special use permit criteria to be applied. The following criteria shall be applied by the department, the planning commission, and the board of commissioners in evaluating and deciding any application for a special use permit. No application for a special use permit shall be granted by the board of commissioners unless satisfactory provisions and arrangements have been made concerning each of the following criteria, all of which are applicable to each application:

(1)

Whether or not the proposed plan is consistent with all of the requirements of the zoning district in which the use is proposed to be located, including required parking, loading, setbacks and transitional buffers.

(2)

Compatibility of the proposed use with land uses on adjacent properties and other properties within the same zoning district, including the compatibility of the size, scale and massing of proposed buildings in relation to the size, scale and massing of adjacent and nearby lots and buildings.

(3)

Adequacy of the ingress and egress to the subject property, and to all proposed buildings, structures, and uses thereon, including the traffic impact of the proposed use on the capacity and safety of public streets providing access to the subject site.

(4)

Consistency with the county's wastewater treatment system, including the feasibility and impacts of serving the property with public wastewater treatment service and, if an alternative wastewater treatment method is proposed, whether such wastewater treatment method will have a detrimental impact on the environment.

(5)

Adequacy of other public facilities and services, including stormwater management, schools, parks, sidewalks, and utilities, to serve the proposed use.

(6)

Whether or not the proposed use will create adverse impacts upon any adjacent or nearby properties by reason of noise, smoke, odor, dust, or vibration, or by the character and volume of traffic generated by the proposed use.

(7)

Whether or not the proposed use will create adverse impacts upon any adjoining land use by reason of the manner of operation or the hours of operation of the proposed use.

(8)

Whether or not the proposed use will create adverse impacts upon any environmentally sensitive areas or natural resources.

(n)

Development of an approved special use. The issuance of a special use permit shall only constitute approval of the proposed use, and development of the use shall not be carried out until the applicant has secured all other permits and approvals required.

(o)

Expiration of a special use permit. Unless a building permit or other required approvals is secured within 12 months, and construction subsequently undertaken pursuant to such building permit, the special use permit shall expire automatically unless the permit is extended upon application to the board of commissioners in accordance with subsection (p) of this section.

(p)

Time extension of a special use permit. The time limitations imposed on special use permits by subsection (e)(l) and expiration date established pursuant to subsection (o) of this section may be extended by the board of commissioners not more than once, and not for more than 12 months, upon written request by the applicant and approval of the board of commissioners.

(q)

Limitations on approvals for special use permits. A special use permit shall expire automatically and cease to be of any force or effect if such use shall, for any reason, be discontinued for a period of 12 months.

(r)

Modifications to a special use permit. Changes to an approved special use permit, other than time extensions provided under subsection (p) of this section, shall be subject to the same application, review and approval process as a new application, including the payment of relevant fees.

(s)

Appeal of a special use permit decision. Any person, persons or entities jointly or severally aggrieved by any decision of the board of commissioners regarding a special use permit application may take an appeal to the superior court of the county. The appeal shall be limited to the proceedings and record of the board of commissioners. Any appeal must be filed within 30 days of the decision of the board of commissioners, and upon failure of such appeal, the decision of the board of commissioners shall be final.

(Ord. No. 0-2006-32, §§ 1—3, 11-28-2006; Ord. No. 0-2012-01, §§ 14—16, 2-28-2012)

Sec. 238-7. - Board of adjustment.

(a)

Powers and duties. The board of adjustment shall have the following powers described below and as provided in section 2-133:

(1)

Appeals. To hear and decide appeals where it is alleged by the appellant that there is error in any final order, requirement or decision made by an administrative official based on or made in the enforcement of the UDO. A failure to act shall not be construed to be an order, requirement or decision within the meaning of this paragraph. In exercising its powers, the board of adjustment may, in conformity with the provisions of the UDO, reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination appealed and to that end shall have all the powers of the administrative official from whom the appeal was taken and may issue or direct the issuance of a permit other than a special use permit, provided that all requirements imposed by all other applicable laws are met. See also section 238-8.

(2)

Variances. To authorize upon application in specific cases, specific variances from the required minimum development standards of property applicable to zoning districts, as provided in Title 2 of the UDO. See also sections 238-9 and 238-10 of this chapter.

(3)

Flood damage protection. To hear and decide appeals and variance requests from the requirements for flood damage prevention. See section 238-10.

(4)

Stream buffers and other variances and appeals. To hear and decide variance requests from the requirements for stream buffers set forth in section 310-105 and to hear and decide other variance requests or appeals specifically set forth elsewhere in the UDO.

(b)

Appointment and terms of board of adjustment.

(1)

Terms. The board of adjustment shall be composed of seven members who shall be appointed by the board of commissioners and shall serve staggered, four-year terms established by the board of commissioners.

(2)

Composition. The board of commissioners shall appoint the seven members of the board of adjustment.

(3)

Vacancies All appointees shall continue to serve until their successor is appointed. Any vacancy in the membership shall be filled for the unexpired term in the same manner as the initial appointments. If a member moves to reside outside of Rockdale County, such member shall be deemed to have resigned from the board of adjustment.

(4)

Other offices. Members of the board of adjustment shall hold no other elected office or other county compensated position.

(5)

Term limits. No member of the board of adjustment shall be eligible for more than two consecutive terms.

(6)

Removal. A member of the board of adjustment may be removed from office prior to the expiration of his/her appointed term by a majority vote of the board of commissioners. Cause for removal from office shall include, but not be limited to: failure to attend regularly scheduled meetings, as provided in subsection (d) of this section; failure to disclose a conflict of interest, as provided in O.C.G.A. § 36-67A-1 et seq.; and failure to complete required training, as provided in subsection 238-16(g).

(c)

Board of adjustment officers.

(1)

Officers. The board of adjustment shall elect a chair and vice-chair annually in the month of February.

(2)

Duties of chair. The chair shall preside at all meetings and hearings of the board of adjustment and decide all points of order and procedure. The chair may appoint committees necessary to assist and advise it in its work.

(3)

Acting chair. The vice-chair shall be acting chair in the absence of the chair.

(4)

Secretary. A designated person from the department shall serve as the secretary of the board of adjustment. The secretary shall have responsibility for assisting the chair with scheduling and preparing the agenda for meetings; providing copies of staff reports to members of the board of adjustment; preparing public notice of hearings and other meetings; and making, publishing and preserving public records of the attendance, proceedings, reports and actions of the board of adjustment; and other duties assigned by the chair.

(d)

Meetings of the board of adjustment.

(1)

Regular meetings.

Unless there is no business to be conducted, regular meetings, including public hearings on matters listed in subsection (a), shall be held on the first Monday of each month at a time so designated by the board of adjustment. If the first Monday of the month is a holiday, the hearing will be scheduled for the second Monday of the month. Meetings shall be held at the Rockdale County Administration & Services Building located at 901 Main Street, Conyers, Georgia.

All meetings shall be open to the public. Notice of all meetings shall comply with O.C.G.A. § 50-14-1 et seq., the Georgia Open Meetings Act.

Each member shall be notified of each regular meeting at least five days preceding the meeting through a written agenda prepared and distributed by the secretary.

(2)

Special called meetings. The chair, secretary or a majority of the board of adjustment may call a special meeting at any time that permits posting of a written notice for at least 24 hours in advance at the place of regular meetings and giving written or oral notice at least 24 hours in advance of the meeting to the official legal organ of the county. The secretary shall prepare and cause to be delivered a written notice stating the specific purpose of the special called meeting to each member at least 24 hours in advance of the meeting. No business other than the specific stated purpose shall occur at the special called meeting.

(3)

Agenda and minutes.

The chair and secretary shall determine the meeting agenda. All matters to be considered and/or acted upon by the board of adjustment shall appear on the agenda.

Meeting minutes shall include and indicate all important facts, a report of all actions taken, a listing of those members present and those absent, a record of the vote of each member on each action taken on each matter and a record of any explanation or commentary that is relevant to the decisions made on matters before the board of adjustment.

(4)

Order of business at meetings. All meetings shall be open to the public. The order of business at meetings shall be as follows:

Roll call and determination of a quorum.

Approval of the agenda.

Approval of minutes from previous meetings.

Unfinished business.

New business.

Reports.

Public comment.

Adjournment.

(5)

Cancellation of meetings. In the event that there is a lack of business to be discussed and/or voted upon at a future meeting, the secretary shall post an appropriate public notice at the stating the date of the canceled meeting. Such notice shall be posted at least 24 hours in advance of the scheduled meeting.

(6)

Continuance of hearing. All items on an advertised agenda for a public hearing shall be heard on the scheduled date unless a majority of the members of the board of adjustment present at the public hearing determine that specific circumstances surrounding the matter warrant the continuance of the hearing on the matter to a specific future date and time. In such instances, the department shall provide public notice of the new time, date, and location of the continued hearing consistent with O.C.G.A. § 50-14-1 et seq., the Georgia Open Meetings Act.

(e)

Quorum and voting.

(1)

Quorum. A quorum shall consist of three or more members of the board of adjustment.

(2)

Voting.

Abstention. A board of adjustment member, who is part of a quorum of the board of adjustment during the consideration of any matter, but not participating in the discussion or voting on a specific matter because of a conflict of interest, shall be considered present for quorum purposes but abstaining from the voting on that specific matter. No member of the board of adjustment may abstain from voting, except in the case of having a conflict of interest with respect to the matter under consideration.

Majority vote. A majority vote of those members present of the board of adjustment is required for approval of all motions. A motion that fails by a majority vote shall not be deemed as approval of the opposite position, and a new motion must be made to approve the opposite position.

(Ord. No. 0-2006-32, §§ 1—3, 11-28-2006; Ord. No. 2007-09, §§ 13—16, 5-22-2007; Ord. No. 2019-01, §§ 1, 2, 3-26-2019)

Sec. 238-8. - Appeals.

(a)

Procedures for application for appeals to the board of adjustment.

(1)

Eligibility for appeal. Appeals to the board of adjustment may be initiated by any aggrieved person, or by department, official, agency or board of the county affected by any decision, final order, requirement, determination or interpretation of any administrative official of the county with respect to the provisions of the UDO. These appeals shall be taken by filing with the secretary of the board of adjustment a written notice of appeal, specifying the grounds thereof, within 15 days after the action being appealed was taken. A failure to act shall not be construed to be an order, requirement or decision within the meaning of this paragraph.

(2)

A person shall be considered aggrieved for purposes of this subsection if:

Said person or said person's property was the subject of the action being appealed; or

Said person has a substantial interest in the action being appealed that is in danger of suffering special damage or injury not common to all property owners similarly situated.

(3)

Transmission of records. The department shall transmit to the board of adjustment all papers constituting the record upon which the action being appealed was taken. The application shall be accompanied by a non-refundable fee, as established from time to time by the board of commissioners, to defray the actual cost of processing the application.

(b)

Appeal stays legal proceedings. An appeal stays all legal proceedings in furtherance of the action being appealed, unless the official from whom the appeal is taken certifies to the board of adjustment after notice of appeal has been filed that by reasons of facts stated in the certificate, a stay would, in that official's opinion, cause imminent peril to life and property. In such a case, proceedings shall be stayed only by a restraining order granted by the Superior Court of Rockdale County on notice to the officer from whom the appeal is taken and on due cause shown.

(c)

Public hearings. The board of adjustment shall hear the appeal and matters referred to it within 45 days of receiving the complete and sufficient application for appeal and give notice to the appellant and official(s) subject to the appeal. The secretary shall issue proper public notification of the public hearing. The public notification shall indicate the place, date and time of the hearings and shall be posted and advertised per O.C.G.A. § 50-14-1 et seq., the Georgia Open Meetings Act. Any party may appear at the hearing in person, by an agent, by an attorney or by written documentation.

(d)

Decisions of the board. Following the consideration of all testimony, documentary evidence and matters of record, the board of adjustment shall make a determination on each appeal. The board shall decide the appeal within a reasonable time but, in no event, more than 45 days from the date of the initial hearing. An appeal may be sustained only upon an expressed finding by the board of adjustment that the administrative official's action was based on an erroneous finding of a material fact, or that the administrative official acted in an arbitrary manner.

(Ord. No. 0-2006-32, §§ 1—3, 11-28-2006)

Sec. 238-9. - Variances.

(a)

Authority. Unless otherwise provided for in the UDO, the board of adjustment shall have authority to grant variances from the dimensional requirements of Title 2, in accordance with the standards and procedures as set forth in this section.

(b)

Purpose. The purpose of a variance is to provide a mechanism when, owing to special conditions, the strict application of Title 2 would impose on a landowner exceptional and undue hardship that can be mitigated without conferring on the applicant special privilege.

(c)

Initiation. A written petition for a variance is to be initiated by the owner(s) of the subject property or the authorized agent(s) of the owner(s) of the property for which relief is sought. Applications shall be filed on forms provided by the department and shall not be considered accepted unless complete in every respect. Application fees shall be as established by the board of commissioners.

(d)

Application procedures. An application for a variance shall be filed with the department, accompanied by a non-refundable fee, as established from time to time by the board of commissioners, to defray the actual cost of processing the application. The application shall be in such form and shall contain at least such following information and documentation:

(1)

Name, address, telephone number, fax number and email address of owner(s) and applicant, if not owner.

(2)

Legal description, street address, lot number and subdivision name, if any, of the property that is the subject of the application.

(3)

The size of the subject property.

(4)

The purpose for the requested variance, and a statement of the intended development of the property if the variance is granted.

(5)

The specific provision of Title 2 from which a variance is requested.

(6)

A statement concerning each of the Standards for granting variances in subsection (h) of this section.

(7)

A statement explaining how the proposed variance is consistent with the general spirit and intent of Title 2 of the UDO and the comprehensive plan.

(e)

Staff report. The staff of the department shall conduct a site inspection and shall prepare an analysis of each application for variance applying the criteria and standards set forth in subsection (h) of this section. The staff report shall be presented in written form to the board of adjustment at least seven days prior to the scheduled hearing date.

(f)

Public notice procedures. The public notice procedures for a variance application shall be in conformance with subsection 238-4(e)(1)—(4).

(g)

Public hearing procedures. The public hearing procedures for a variance application shall be in conformance with subsection 238-4(f) of this chapter. However, all testimony before the board of adjustment shall be taken as if under oath, regardless of whether a formal oath or affirmation is administered. The chair, or in his/her absence, the vice chair, may administer oaths and compel attendance of witnesses by subpoena.

(h)

Standards for granting variances.

(1)

Granting variances. The board of adjustment shall not grant a variance unless it has, in each case, make specific findings of fact based directly upon the particular evidence presented supporting written conclusions that the variance meets each of the following criteria:

Arises from a condition that is unique and peculiar to the land, structures and buildings involved.

Is necessary because the particular physical surroundings, the size, shape or topographical condition of the specific property involved would result in unnecessary hardship for the owner, lessee or occupants; as distinguished from a mere inconvenience, if the provisions of Title 2 of the UDO are literally enforced.

The condition requiring the requested relief is not ordinarily found in properties of the same zoning district as the subject property.

The condition is created by the regulations of Title 2 of the UDO and not by an action or actions of the property owner or the applicant.

The granting of the variance will not impair or injure other property or improvements in the neighborhood in which the subject property is located, nor impair an adequate supply of light or air to adjacent property, substantially increase the congestion in the public streets, increase the danger of fire, create a hazard to air navigation, endanger the public safety or substantially diminish or impair property values within the neighborhood.

The variance granted is the minimum variance that will make possible the reasonable use of the land, building or structures.

The variance desired will not be opposed to the general spirit and intent of Title 2 of the UDO or the purpose and intent of the comprehensive plan.

(2)

No variance shall be authorized to:

Allow a structure or use not authorized in the applicable zoning district or a density of development that is not authorized within such district.

Allow an increase in maximum height of building.

Allow any variance that conflicts with or changes any requirement enacted as a condition of zoning or of a special land use permit by the board of commissioners.

Reduce, waive or modify in any manner the minimum lot area established by the UDO in any zoning district.

Reduce, waive or modify in any manner the minimum lot area established by the board of commissioners through a special condition of approval.

Permit the expansion or enlargement of any nonconforming use of land, nonconforming use of land and buildings in combination, non-conforming use of land and structures in combination or nonconforming use requiring a special use permit.

Permit the re-establishment of any non-conforming use of land, nonconforming use of land and buildings in combination, nonconforming use of land and structures in combination, or nonconforming use requiring a special use permit where such use has lapsed.

(3)

Ability to impose special conditions. The board of adjustment may attach reasonable conditions to a variance when necessary to prevent or minimize adverse impacts upon property or the environment.

(Ord. No. 0-2006-32, §§ 1—3, 11-28-2006)

Sec. 238-10. - Variance to the requirements of flood damage prevention.

(a)

General.

(1)

Authority. The board of adjustment, shall hear and decide appeals and requests for variances from the requirements for flood damage prevention.

(2)

Appeals. The board of adjustment shall hear and decide appeals, when it is alleged that there is an error in any requirement, decision or determination made by the department in the enforcement or administration of the flood damage prevention regulations.

(3)

Variances. Variances to the flood damage prevention regulations may be issued consistent with subsection (c) of this section.

(b)

Application procedures.

(1)

Forms. A person desiring a variance from the flood damage prevention requirements shall apply for a variance on a form provided by the department.

(2)

Fees. An application fee, as established by the board of commissioners, shall accompany the application.

(3)

Application format. The application shall be in such form and contain such information and documentation as shall at least contain the following:

Name and address of applicant.

Legal description of the property that is the subject of the application.

Size of the subject property.

The purpose for the requested variance, and a statement of the intended development of the property if the variance is granted.

A statement of the hardship imposed on the applicant by the strict application of the UDO, and a statement of why the variance will not be materially detrimental or injurious to other property or improvements in the neighborhood in which the subject property is located.

(4)

Review by director. Within a reasonable time, not to exceed ten days after receipt of any application or receipt of additional information pursuant to this section, the director shall examine the application and notify the applicant (by mail) of any apparent errors or omissions and request such additional information as may be necessary for the processing of the application.

(5)

Review process. Within 30 working days after an application has been determined to be complete by the department, and not less than five days before the scheduled public hearing on the matter, the application shall be reviewed by the department and a recommendation submitted to the board of adjustment.

(6)

Public hearing. Upon notification that an application for a variance is complete, the board of adjustment shall place the application on the agenda of a regularly scheduled meeting for a public hearing. In reviewing the application for variance approval, the board of adjustment shall use the standards in subsections (c) and (d) of this section. The board of adjustment may require the applicant to meet certain conditions before approval of the variance.

(7)

Notice. Any applicant to whom a variance is granted shall be given written notice specifying the difference between the base flood elevation and the approved lower elevation to which the structure is to be built and stating that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lower floor elevation.

(8)

Appeals. Appeals of all final decisions of the board of adjustment shall be as provided in section 238-13.

(9)

Records. The department shall maintain the records of all appeal actions and report any variances to the Federal Emergency Management Agency upon request.

(c)

Standards for issuance of variance to the requirements of flood damage prevention.

(1)

Variances shall be issued only upon a determination that the variance is the minimum variance necessary, considering the flood hazard, to afford relief; and in the instance of a historical building, a determination that the variance is the minimum necessary so as not to destroy the historic character and design of the building.

(2)

Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result.

(3)

Variances shall be issued only upon:

A showing of good and sufficient cause.

A determination that failure to grant the variance would result in exceptional hardship.

A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create a nuisance, cause fraud on or victimization of the public or conflict with existing local laws or ordinances.

(4)

In addition to the findings in subsection (3), the board of adjustment shall consider the following:

The danger that materials may be swept onto other lands to the injury of others.

The danger to life and property resulting from flooding or erosion damage.

The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner.

The importance of the services provided by the proposed facility to the community.

The necessity of a waterfront location, in the case of a functionally dependent facility.

The availability of alternative locations, not subject to flooding or erosion damage, for the proposed use.

The compatibility of the proposed use with existing and anticipated development.

The relationship of the proposed use to the comprehensive plan and floodplain management program for that area.

The safety of access to the property in times of flood for ordinary and emergency purposes.

The expected heights, velocity, duration, rate of rise and sediment transport of the floodwaters and the effects of wave action, if applicable, expected at the site.

The costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical and water systems and streets and bridges.

(d)

Ability to impose special conditions. Upon consideration of the factors listed above and the purposes of flood damage prevention requirements, the board of adjustment may attach such conditions to the granting of variances as it deems necessary to further the purposes of the flood damage prevention requirements.

(Ord. No. 0-2006-32, §§ 1—3, 11-28-2006)

Sec. 238-11. - Burden of proof in appeals and variances.

(a)

Requirements. The standards and requirements of the UDO and decisions made by public officials are presumed to be valid and just. It shall be the responsibility of an applicant seeking relief to assume the burden of proof and rebut this presumption by presenting sufficient facts and evidence to explain how the proposed appeal or variance is consistent with the general spirit and intent of the UDO and the comprehensive plan.

(b)

Review. It is the duty of the board of adjustment to review such facts and evidence in light of the intent of the UDO to balance the public health, safety and general welfare against the injury to a specific applicant that would result from the strict application of the provisions of the UDO on the applicant's property.

(Ord. No. 0-2006-32, §§ 1—3, 11-28-2006)

Sec. 238-12. - Effect of decisions of board of adjustment.

(a)

Compliance with standards upon denial. If an application to the board of adjustment is initiated as a result of an existing violation of the UDO, and the application is denied, the violation shall be required to be corrected within 15 days of the denial or as specified by the board of adjustment if a greater time period is required. The maximum extension of time the board of adjustment may grant for correction shall not exceed 90 days.

(b)

Successive applications. An application for a variance affecting all or a portion of the same property that was denied by the board of adjustment shall not be accepted sooner than 12 months after the date of final decision by the board of adjustment. However, the board of adjustment may reduce this time interval by majority vote, provided that if the application for a variance was denied by the board of adjustment, the time interval between the date of the initial denial and any subsequent application or amendment affecting the same property shall be no less than six months.

(Ord. No. 0-2006-32, §§ 1—3, 11-28-2006)

Sec. 238-13. - Appeals of decisions of the board of adjustment.

Appeals of all final decisions of the board of adjustment under the provisions of this chapter shall be as follows:

(a)

Review of decisions. Any person aggrieved by a final decision of the board of adjustment, or any officer, department, board or agency affected by such decision, may seek review of such decision by petitioning the Superior Court of Rockdale County for a writ of certiorari, setting forth plainly the alleged errors. Such petition shall be filed within 30 days after the final decision of the board of adjustment is rendered.

(b)

Notice to the board. In any such petition filed, the board of adjustment shall be designated the respondent in certiorari and Rockdale County the defendant in certiorari. The secretary of the board of adjustment shall be authorized to acknowledge service of a copy of the petition and writ for the board of adjustment as respondent. Service upon the county as defendant shall be as otherwise provided by law. Within the time prescribed by law, the board of adjustment shall cause to be filed with the clerk of Rockdale County Superior Court a duly certified record of the proceedings had before the board of adjustment, including a transcript of the evidence heard before it, if any, and the decision of the board of adjustment.

(Ord. No. 0-2006-32, §§ 1—3, 11-28-2006)

Sec. 238-14. - Administrative variances.

(a)

Authority. Administrative variances shall be submitted to the director of the department of planning and development, who may grant the variance, grant the variance with conditions, or deny the variance with reasons clearly stated. In granting an administrative variance, the director may impose such requirements and conditions with respect to the location, construction, maintenance and operation of any use or building, in addition to those expressly set forth in this zoning ordinance, as may be deemed necessary for the protection of adjacent properties, the environment and the public interest.

(b)

Limitations. Applications for administrative variances shall be considered on the following provisions exclusively:

(1)

Dimensional standards of zoning districts: Reduction up to 50 percent on minimum lot width, minimum building setbacks, maximum impervious surfaces, and minimum lot depth (section 214-1). No administrative variance shall be granted in the CRS zoning district (subsection 206-5(j)(4)) or CSO zoning district (subsection 206-18(f)(18)).

(2)

Distance between buildings: Reduction up to 50 percent of the minimum distance between buildings on the same lot (section 214-9).

(3)

Supplemental use and development standards: Reduction up to 20 percent on minimum lot size, up to 50 percent on minimum setbacks and buffers, when required (section 218-13).

(4)

Signs: Refer to chapter 230—Sign Regulations.

(5)

Parking requirements: Reduction in the total number of off-street parking spaces up to 20 percent of the number required by the table of minimum parking requirements (subsection 222-3(f)).

(6)

Parking requirements for front yards: Approval for up to 25% of required parking in a required front yard (as defined in Section 106-1, "Yard, front: A yard extending the full width of the lot or parcel and situated between the right-of-way line of the abutting street and the front yard line of the principal building or structure.") where it is otherwise prohibited or restricted. A ten-foot landscape buffer shall be provided between the public or private street right-of-way and the parking area.

(7)

Transitional buffer width: Reduction up to 50 percent of required transitional buffer width (subsection 328-6(d)).

(8)

Administrative variance due to public right-of-way: The department shall be authorized to approve an administrative variance, as follows, if necessary to allow reasonable use following a public road right-of-way donation or acquisition:

To reduce required minimum lot size by up to 50 percent.

To reduce required setbacks for a permitted or existing structure on a lot in the event of public road right-of-way donations or acquisition that would otherwise cause the lot to be nonconforming with respect to the minimum setback standards of this Title 2.

To reduce the number of parking spaces for any existing or permitted structure below the minimum required parking spaces applicable to the use.

(9)

Fences, walls and hedges: Approval for up to 150 percent of the maximum height of a fence, wall or hedge. An application for an administrative variance affecting all or a portion of the same property that was denied by the board of adjustment shall not be accepted sooner than six months after the date of the final decision by the board of adjustment.

(c)

Application procedures.

(1)

Form. An application shall be submitted on a form provided by the department.

(2)

Fees. A nonrefundable application fee shall accompany the application, as established from time to time by the board of commissioners, to defray the actual cost of processing the application.

(3)

Documentation. The application shall be in such a form and contain such information and documentation as shall be prescribed by the department, but shall contain at least the following:

Name and address of the applicant.

Legal description of the subject property.

Size of the subject property.

A statement of the hardship imposed on the applicant by the UDO and a statement of why the variance will not be materially detrimental or injurious to other property or improvements in the neighborhood in which the subject property is located.

Written documentation that all abutting property owners have been notified.

A site plan may be required by the director, in which case said plan shall be drawn to scale, showing property lines with dimensions, and any improvements, structures and buildings. The director may require a plat prepared by an architect, engineer, landscape architect or land surveyor whose state registration is current and valid. The preparer's signature and seal shall be affixed to the plat.

Any other pertinent information as requested by the director.

(4)

Within 15 business days after an application has been determined to be complete, the department shall either grant the variance, grant the variance with conditions, or deny the variance with reasons clearly stated in accordance with the standards set forth in subsection (e).

(d)

Expiration. An administrative variance shall automatically expire one calendar year from the date of approval, unless the proposed use or development has begun.

(e)

Standards for issuance of administrative variances. In deciding whether to grant an application for an administrative variance, the director shall consider all of the applicable standards provided in subsection 238-9(h) of Title 2. Approval of an administrative variance is not guaranteed and shall require demonstration of a hardship.

(f)

Appeals of decisions to the board of adjustment. The final decision of the director made pursuant to the provisions of section 238-14 may be appealed to the board of adjustment pursuant to section 238-8. Decisions made by the board of adjustment shall be final. All appeals of decisions made by the board of adjustment shall be by petitioning the Superior Court of Rockdale County for a writ of certiorari, setting forth plainly the alleged errors, pursuant to section 238-13.

(g)

Repeal of an administrative variance. Should the administrative variance cause negative impacts greater than anticipated at the time of approval, the board of adjustment shall have the right to repeal the administrative variance at the request of the director. The board of adjustment shall consider all of the applicable standards provided in subsection 238-9(h) of Title 2.

(h)

Reporting to the board of adjustment. The department shall report to the board of adjustment all decisions on administrative variances at regular board meetings.

(Ord. No. 0-2006-32, §§ 1—3, 11-28-2006; Ord. No. 0-2012-05, § 1, 5-8-2012; Ord. No. 0-2015-05, § II, 5-12-2015)

Sec. 238-15. - Conditional approval and alterations to conditions.

(a)

Conditions of approval. The planning commission and the department may recommend and the board of commissioners may impose reasonable conditions upon the approval of any amendment to the comprehensive plan, official zoning map or approval of a special use permit that it finds necessary to ensure compliance with the intent of the comprehensive plan or county ordinance. Such conditions may be used when necessary to prevent or minimize adverse impacts upon property or the environment. For example, conditions may include but shall not be limited to the following:

(1)

Limitations or requirements on the size, intensity of use, bulk and location of any structure.

(2)

Increased landscaping, buffer, screening or setback requirements from property lines or water bodies.

(3)

Greenspace and open space conservation.

(4)

Driveway curb cut limitations.

(5)

Restrictions to land uses or activities that are permitted.

(6)

Prohibited locations for buildings, structures, loading or parking areas.

(7)

The provision of adequate ingress and egress.

(8)

Making project improvements for streets, sidewalks, parks or other community facilities.

(9)

Building height, massing or compatible architectural design features.

(10)

Hours of operation.

(11)

The duration of a special use.

(12)

A requirement that development shall conform to a specific site plan.

(13)

Other conditions that the board of commissioners finds are necessary as a condition of approval of an amendment to the comprehensive plan, official zoning map or special use permit.

(b)

Such conditions, limitations or requirements shall be:

(1)

Set forth in the motion approving the amendment or special use permit.

(2)

Set forth in the local ordinance that officially recorded the amendment or special use permit.

(3)

In effect for the period of time specified in the amendment. If no time period is stated, the conditions shall continue for the duration of the matter which it conditions and become an integral part of the comprehensive plan amendment, official zoning map amendment, or special use permit to which the conditions are attached and shall be:

Required of the property owner and all subsequent owners as a condition of their use of the property.

Interpreted and continually enforced by the department in the same manner as any other provision of the UDO.

(c)

Alterations to conditions of approval.

(1)

Alterations or repeal of conditions attached to any amendment to the comprehensive plan, official zoning map, or approval of a special use permit shall be made only by the board of commissioners following a duly advertised public hearing conducted in accordance with subsection 238-4(f) of this chapter. Notice shall be provided in accordance with subsection 238-4(e).

(2)

Alterations or repeal of conditions attached to a variance granted by the board of adjustment shall be made only by the board of adjustment following a duly advertised public hearing conducted pursuant to procedures provided in subsection 238-9(g) of this chapter. Notice shall be provided in accordance with subsection 238-4(e).

(Ord. No. 0-2006-32, §§ 1—3, 11-28-2006)

Sec. 238-16. - Orientation and continuing education training for planning commission and board of adjustment members.

(a)

Training. Each planning commission and board of adjustment member shall, within 120 days after appointment, attend a minimum of four hours of orientation training concerning the duties of the planning commission or board of adjustment, as applicable, and the substance of the UDO about his/her responsibilities. Such training programs shall be provided by the staff of the county.

(b)

Continuing education. Each planning commission and board of adjustment member shall, within each period of two consecutive calendar years, starting at the date of the individual's appointment, attend no less than eight hours of continuing education in any of the subjects listed in subsection (e) of this section as provided by the American Planning Association (APA) or the Georgia Chapter of APA, Georgia Association of Zoning Administrators (GAZA) or as otherwise approved by the director of planning and development. Such training program shall be either through personal attendance or through audio or video teleconference.

(c)

Written statements. Each of the individuals above shall certify his or her attendance by a written statement filed with the secretary of his or her respective planning commission or board of adjustment by December 31 of each calendar year. Each statement shall identify the date of each program attended, its subject matter, location, sponsors, and the time spent on each program.

(d)

Funding. The planning commission, board of adjustment or the board of commissioners shall be responsible for providing training, as required in subsections (a) and (b) of this section or for providing funding to each planning commission and board of adjustment member so that each individual may obtain training, as required by subsections (a) and (b) of this section, from other sources approved by the director of planning and development.

(e)

Education subjects. The subjects for the education required by subsections (a) and (b) of this section shall include, but not be limited to, the following: land use planning; zoning; floodplains; transportation; community facilities; ethics; public utilities; parliamentary procedure; public hearing procedure; planning or administrative law; economic development; housing; public buildings; building construction; land subdivision; and powers and duties of the planning commission and board of adjustment. Other topics reasonably related to the duties of planning officials may be approved by the director of planning and development before December 31 of the year for which the credit is sought.

(f)

Documentation of training. The planning commission and board of adjustment shall keep in its official public records originals of all statements and the written documentation of attendance required in subsection (c) of this section filed with the secretary of each board pursuant to subsections (a) and (b) of this section for three years after the calendar year in which each statement and appurtenant written documentation is filed.

(g)

Removal from position. Members of the planning commission or board of adjustment shall be subject to removal if they fail to:

(1)

Complete the requisite number of hours of orientation training and continuing education within the time allotted in this section.

(2)

File the statement required by this section.

(3)

File the documentation required by this section.

(Ord. No. 0-2006-32, §§ 1—3, 11-28-2006; Ord. No. O-2025-08, § IV, 4-8-2025)

Sec. 238-17. - Conflict of interest.

(a)

Disclosure of conflicts. A member of the board of commissioners or planning commission who:

(1)

Has a property interest in any real property affected by a rezoning action that is under consideration by the planning commission or board of commissioners;

(2)

Has a financial interest in any business entity that has a property interest in any real property affected by a rezoning that is under consideration by the planning commission or board of commissioners; or

(3)

Has a member of the family having any interest described in subsections (1) or (2) of this subsection.

Shall comply with the requirements of O.C.G.A. 36-67A-1 et seq., as amended.

(Ord. No. 0-2006-32, §§ 1—3, 11-28-2006)

Sec. 238-18. - Disclosure of campaign contributions.

It is the duty of all applicants and opponents of rezoning actions who have made campaign contributions aggregating $250.00 or more to a member of the board of commissioners or planning commission within two years prior to the applicant's application for the rezoning action, to comply with the requirements of O.C.G.A. § 36-67A-1 et seq., or as amended.