(a)

These regulations, including the zoning map, may be amended by the board of commissioners:

(1)

On its own motion; or

(2)

On petition submitted by the owner of real property or an agent of the owner of real property.

(b)

The following policies and procedures are herein established to provide guidelines for zoning decisions as defined in section 70-6 of the Code of Ordinances.

(c)

Applications for amendment of this chapter may be made in the form of proposals for amendments of the text of this chapter or proposals for amendment of the zoning map. Applications for amendment shall be on forms provided by the planning director or his designee, shall be submitted to the planning director, or his designee, and shall include a fee as established by the board of commissioners to defray expenses.

(d)

Applications shall be submitted by the last Friday of each month, as an established submittal deadline in order for the application to be reviewed by the planning commission the following month. Only completed applications will be accepted by the established submittal deadline.

(e)

No application for a zoning change affecting the same parcel of property or part thereof previously defeated shall be accepted by the planning director, or his designee until the expiration of at least six months immediately following the defeat of the rezoning request by the board of commissioners.

(f)

Application forms shall be obtained from the planning director, or his designee and shall include but not be limited to the following:

(1)

The street address and location of the subject property.

(2)

A legal survey plat of the property in question including a locator map. Plat must include signature of registered surveyor and registration number.

(3)

The present zoning classification and the proposed zoning classification for the subject property.

(4)

All applications shall be signed by the owners or authorized agent (authorization must be on file) and include the name, address, and daytime phone number of the owner or authorized agent.

(5)

The area of land proposed to be rezoned shall be stated in acres to the nearest hundredth of an acre.

(6)

The application file number, date of application, and action taken on all prior rezoning for all or a part of the subject property.

(7)

In the case of a text amendment, the application shall set forth the new text to be added and the existing text to be deleted.

(Ord. of 12-2-2002, § 70-686; Ord. of 7-25-2023(1))

The planning commission shall review each application in light of the comprehensive plan, the future land use plan, the zoning criteria, and other facts presented at their meeting and issue a finding which recommends "approval" or "denial" of the application. The planning director, or his designee, will prepare a report on each application to assist the planning commission in their decision making process. The planning commission finding shall be forwarded as a recommendation to the board of commissioners. If a quorum of the planning commission is present and fails to take action at the advertised public hearing, it will be forwarded to the board of commissioners with no recommendation. The minutes of the planning commission meeting will be given to the board of commissioners so that they may take into account all issues that were raised.

(Ord. of 12-2-2002, § 70-687; Ord. of 7-25-2023(1))

(a)

All applications as specified in this chapter shall require public hearing prior to action on said application.

(b)

The planning commission, or the board of commissioners shall hold a public hearing on all applications. The public hearing shall constitute the public hearing as required by the Georgia Zoning Procedures Law (O.C.G.A. § 36-66-1 et seq.). All hearings should be heard in accordance with the annual schedule prepared for and adopted by each individual board, and may be amended from time to time. The public hearing shall be heard by:

(1)

The Lee County, Leesburg, and Smithville Planning Commission (the "planning commission") is hereby designated as the board that shall hold a public hearing on applications to amend the text of this article, rezoning applications, variance applications, and conditional use permits. The planning commission shall also hold a public hearing on all variance requests that were filed and scheduled to be considered simultaneously and pertain to the same property with rezoning or conditional use permit requests. The planning commission shall also hold a public hearing on all variance and conditional use requests which were filed as stand-alone requests not related to any simultaneously filed rezoning request.

(2)

The board of commissioners is hereby designated as the board that shall hold the second public hearings on all amendments to the texts of this Code, zoning amendments, variance requests, and conditional use requests, and to make the final decisions regarding such matters.

(Ord. of 7-25-2023(1))

(a)

Applications to amend the text of this Code, the zoning designation of one or more parcels of real property, applications for variances, and conditional use requests shall be advertised in accordance with (1) and (2) of this subsection below and shall be required to meet the following public hearing notice requirements:

(1)

Notice of public hearings before the planning commission and notice of public hearings before the Lee County Board of Commissioners shall be prepared and sent for publication by county planning and zoning department staff.

(2)

All applications pertaining to zoning decisions as defined in O.C.G.A. § 36-66-3(4), variance applications, and conditional use applications shall require a public hearing preceded by publication of a public hearing notice within the legal organ of Lee County at least 15 but not more than 45 days prior to the date of the public hearing. All such notices shall include the application number, date, time, location, and purpose of the public hearing. In addition, the following additional notice requirements shall be complied with:

a.

For rezonings: Existing and proposed rezoning classifications; district; and

b.

For conditional use permits: Proposed use and existing zoning;

c.

Variances: Proposed Code revisions request to be modified. Each article of this chapter requested to be varied shall be separately identified.

(b)

Where any proposed action includes any combination of zoning decisions defined under subsection (3), subsection (4), or subsection (5) included in the definition of "zoning decisions" in section 70-6 of this Code for the same property, only one hearing shall be required under this Code section with respect to such proposed action.

(c)

Public hearing signs related to zoning decisions as defined in O.C.G.A. § 36-66-3(4), and public hearings related to variance applications and conditional use permits shall comply with the following procedures:

(1)

Public hearing signs shall be placed in a conspicuous location on the subject property at least 21, but not more than 45 days prior to the date of the scheduled hearing. The required sign shall state the time, place, and purpose of the public hearing.

(2)

Where the land owned by the applicant does not border upon a public road in order that passers-by may see the sign which provides the public notice, the required notice shall be placed on the right-of-way of a public road nearest the property as well as upon the subject property.

(3)

Acts of vandalism or natural occurrences which may diminish the effectiveness of the public notice provided shall not void any proceedings or actions taken by any of the boards required to hold public hearings under this section.

(4)

Once the board of commissioners has made a final decision upon any application requiring the public hearing, the county shall be responsible for the removal of all public hearing signs.

(d)

At least 30 days prior to the required public hearing on a zoning application, a variances application, and a conditional use application, the department head of the planning and zoning department shall cause a notice of the date, time, and location of the hearing to be mailed to the owner whose property or interest is the subject of such hearing as applicable.

(e)

When a proposed zoning decision relates to or will allow the location or relocation of a halfway house, drug rehabilitation center, or other facility for treatment of drug dependency, public hearings shall be held on the proposed action. Such public hearing shall be held at least six months and not more than nine months prior to the date of the final action on the zoning decision. The hearing required by this subsection shall be in addition to any hearing required under subsection (a) of this section. The local government shall give notice of such hearing by:

(1)

Posting notice on the affected premises in a manner prescribed in this section; and

(2)

Published in the local legal organ a notice of the hearing at least 15 days and not more than 45 days prior to the date of the hearing.

Both the posted notice and the published notice shall include a prominent statement that the proposed zoning decision relates to or will allow the location or relocation of a halfway house, drug rehabilitation center, or other facility for treatment of drug dependency. The published notice shall be at least six column inches in size and shall not be located in a classified advertising section of a newspaper.

(f)

(1)

Notwithstanding any other provisions of this chapter to the contrary, when a proposed zoning decision relates to an amendment of the zoning ordinance to revise one or more zoning classifications or definitions relating to single-family residential uses of property so as to authorize multifamily uses of property pursuant to such classification or definitions or to grant blanket permission, under certain or all circumstances, for property owners to deviate from the existing zoning requirements of a single-family residential zoning, such zoning decision must be adopted in the following manner:

a.

The zoning decision shall be adopted at two regular meetings of the local government making the zoning decision, during a period of not less than 21 days apart; and

b.

Prior to the first meeting provided for in subsection a. of this section, at least two public hearings shall be held on the proposed action. Such public hearings shall be held at least three months and not more than nine months prior to the date of final action on the zoning decision. Furthermore, at least one of the public hearings must be held between the hours of 5:00 p.m. and 8:00 p.m. The hearings required by this paragraph shall be in addition to any hearing required under subsection (a) of this Code section. The local government shall give notice of such hearing by:

1.

Posting notice on each affected premises in the manner prescribed by subsection (b) of this Code section; provided, however, that when more than 500 parcels are affected, in which case posting notice is required every 500 feet in the affected area; and

2.

Publishing in the local legal organ a notice of each hearing at least 15 days and not more than 45 days prior to the date of the hearing.

Both the posted notice and the published notice shall include a prominent statement that the proposed zoning decision relates to or will authorize multifamily uses or give blanket permission to the property owner to deviate from the zoning requirements of a single-family residential zoning of property in classification previously relating to single-family residential uses. The published notice shall be at least nine column inches in size and shall not be located in the classified advertising section of the newspaper. The notice shall state that a copy of the proposed amendment is on file in the office of the Lee County Clerk and in the office of the Clerk of the Superior Court of Lee County for the purpose of examination and inspection by the public. The local government shall furnish anyone, upon written request, a copy of the proposed amendment, at no cost.

(2)

The provisions of subsection (1) of this subsection shall also apply to any zoning decisions that provide for the abolition of all single-family residential zoning classifications within the territorial boundaries of local government or zoning decisions that result in the rezoning of all property zoned for single-family residential uses within the territorial boundaries of a local government to multifamily residential uses of property.

(3)

The provisions of this subsection (f) shall not apply to zoning decisions for the rezoning of property from a single-family residential use of property to a multifamily residential use of property when the zoning is initiated by the owner or authorized agent of the owner of such property.

(Ord. of 12-2-2002, § 70-688; Ord. of 7-25-2023(1))

Editor's note— Ord. of 7-25-2023(1), adopted July 25, 2023, amended the title of § 70-688 to read as herein set out. The former § 70-688 title pertained to notice of public hearing.

(a)

Notice to interested parties. A notice shall be delivered to the applicant, of the date, time, and place of hearing. All application files shall be placed in the custody of the planning department and shall be open to public inspection during regular office hours.

(b)

Hearing procedure. Upon the completion of a rezoning application or the draft of a text amendment public hearings will be scheduled by the planning commission and the board of commissioners respectively. The official public hearing required by state law will be held by the board of commissioners, and public notice will be given no less than 15 days nor more than 45 days prior to the official public hearing date.

All public hearings on zoning matters shall be placed on the presiding commission's agenda under a section entitled "Public Hearings". After an initial presentation of a specific zoning request to the presiding commission by the designated county staff, citizen comments will be heard in an orderly fashion. The presiding commission's chairman or designated representative will ask for those citizens speaking in favor of the request first, followed by those opposed to the issue.

Citizens shall be allowed a minimum time period to be no less than ten minutes per side for presentation of data, evidence, and opinions by proponents of each zoning decision and for the presentation by opponents of each proposed zoning decision. When there is a large number of citizens wishing to testify at a given hearing, the presiding officer may invoke time limitations on individual speakers; however, the time limitation is not to be less than ten minutes per side. In such cases, these time limits shall apply to all speakers.

Citizens shall address their comments to the presiding commission as a whole. Individual attacks or cross-examination of commission members, county employees, or other citizens will be ruled out of order.

After all citizen comments have been received, further discussion of the specific application is reserved for the presiding commission. The commission has the privilege to ask any questions of staff or any citizen present for clarification.

If the planning commission is presiding over the hearing they may then vote on the application for a map or text amendment and forward their recommendation to the county commission. Failure of the planning commission to take action will result in no recommendation being forwarded to the board of commissioners at the official advertised public hearing.

(c)

Pursuant to § 36-67A-3 O.C.G.A. as amended, all speakers shall be required to provide names and addresses for the public record and sign a "campaign disclosure form". This form requires all those speaking in favor of, or in opposition to a rezoning disclose whether they have made campaign contributions aggregating $250.00 or more to any member of the county commission within the past two years. Such disclosure shall include the name of the commissioner(s), the dollar amount, description, and date of each such campaign contribution.

(d)

Public hearings records standards. The planning commission secretary and county clerk shall mechanically record the proceedings of their respective public hearings. If requested by any party, verbatim transcripts of the public hearing can be prepared, but only if requested and purchased in advance by the requesting party. Recorded tapes of public hearings shall be kept secure and not erased for one year from the date of the public hearing. A summary of the proceedings of each meeting will be made available to the public within two working days after the meeting. The record of the public hearing and all evidence (e.g., maps, drawings, traffic studies, etc.) submitted at the public hearing shall be noted as such and shall become a permanent part of the particular zoning amendment's file.

(Ord. of 12-2-2002, § 70-689)

In order to provide for the public health, safety, morality, and general welfare of the citizens of the county, the following zoning criteria are established. The following criteria, the recommendation, of the planning commission and any other factors relevant to balancing the above stated public interest, shall be considered by the county commission in making any zoning decision.

(1)

Zoning criteria.

a.

Will the zoning proposal permit a use that is suitable in view of the use, development and zoning of adjacent and nearby property?

b.

What is the effect on the property value of the subject property should the existing zoning be retained?

c.

If denied, will the effect on the applicant's property value under the existing zoning be offset by the gain to the health, safety, morals or general welfare of the public?

d.

Has the property been undeveloped an unusual length of time as currently zoned, considered in the context of land development in the area in the vicinity of the property?

e.

Will the zoning proposal result in a use which will or could cause an excessive or burdensome use of existing streets, transportation facilities, utilities, schools, police protection, fire protection, public health facilities, or emergency medical services?

f.

Is the zoning proposal in conformity with the policy and intent of the future land use plan for the physical development of the area?

g.

Is the subject property well suited for the proposed zoning purpose?

h.

Will the zoning proposal adversely affect the existing use or usability of adjacent or nearby property?

i.

Does the subject property have a reasonable economic use as currently zoned?

j.

Are there other existing or changing conditions affecting the use or development of the subject property which give supporting grounds for either approval or disapproval of the zoning proposal?

k.

Would the change create an isolated district unrelated to the surrounding districts, such as "spot zoning"?

l.

Are the present zoning district boundaries illogically drawn in relation to existing conditions in the area?

m.

Is the change requested out of scale with the needs of the county as a whole or the immediate neighborhood?

n.

Is it impossible to find adequate sites for the proposed use in districts permitting such use and already appropriately zoned?

o.

Would there by an ecological or pollution impact resulting from the proposed zoning if it is granted?

(Ord. of 12-2-2002, § 70-690)

(a)

Appeals of zoning decisions as defined in this chapter shall be considered legislative in nature, and shall be subject to direct constitutional challenge regarding the validity of maintaining the existing zoning on a subject property or the validity of conditions or an interim zoning category other than what was requested in the Superior Court of Lee County pursuant to said court's original jurisdiction over declaratory judgments pursuant to O.C.G.A. tit. 9, ch. 4 and equity jurisdiction under O.C.G.A. tit. 23. Such challenges shall be by way of de nova review in the superior court wherein such review brings up the whole record from the local government and all competent evidence shall be admissible at the trial thereon, whether adduced in a local government hearing or not and employing the presumption that a governmental zoning decision is valid and can be overcome substantively by an appellate showing by clear and convincing evidence that the zoning classification is significant detriment to the petitioner and is insubstantially related to the public health, safety, morality or general welfare.

(b)

Zoning decisions under O.C.G.A. § 36-66-3(4)(E), and decisions by the Board of Commissioners of Lee County granting or denying stand-alone applications for variances and applications for conditional use permits shall be subject to appellate review by the Superior Court of Lee County pursuant to its appellate jurisdiction from lower judicatory bodies and shall be brought by way of petition for such review as provided for in O.C.G.A. tit. 5. Such matters shall be reviewed on the record which shall be brought to the superior court as provided in title 5.

(c)

All such challenges or appeals shall be brought within 30 days of the written decision of the Lee County Board of Commissioners regarding the challenged or appealed action.

(d)

(1)

The chairperson of the Lee County Board of Commissioners shall have authority, without additional approval by the board of commissioners, to approve or issue any form or certificate necessary to perfect the petition described in O.C.G.A. tit. 5 for review of lower judicatory bodies and upon whom service of such petition may be effected or accepted on behalf of Lee County Board of Commissioners, during normal business hours, at the regular office of the Lee County government.

(2)

The chairperson of the Lee County Board of Commissioners, or his or her designee, shall have the authority to accept service and is the person upon whom service of an appeal may be effected or accepted on behalf of the Lee County Board of Commissioners, during normal business hours, at the regular offices of the local government.

(e)

An appeal or challenge filed by an opponent pursuant to this section shall stay all legal proceedings in furtherance of the action appealed from or challenged unless the Board of Commissioners of Lee County certifies that, by reason of the facts stated in the certificate, a stay would cause imminent peril to life or property. In such actions, the applicant for the zoning decision shall be necessary party and shall be named as a defendant in the action and served in accordance with the requirements of O.C.G.A. tit. 9, ch. 5, as appropriate.

(f)

In accord with the provisions of the Lee County Zoning Code of Ordinances, all final zoning decisions, decisions regarding variance applications, and decisions regarding conditional use permits shall be finally rendered by the Lee County Board of Commissioners and there are no quasi-judicial officers, boards, or agencies appointed by the Lee County Board of Commissioners to exercise delegated quasi-judicial zoning powers as such powers are defined in O.C.G.A. § 36-66-3(1.1).

(Ord. of 7-25-2023(1))

Editor's note— Ord. of 7-25-2023(1), adopted July 25, 2023, set out provisions intended for use as § 70-691. Inasmuch as there were already provisions so designated, said section has been codified herein as § 70-690.1 at the discretion of the editor.

Notwithstanding any other provision of this chapter, it is the intent of the Lee County Board of Commissioners, in adopting this chapter, to comply in all respects with the provisions of the Zoning Procedures Law established pursuant to O.C.G.A. § 36-66-1 through O.C.G.A. § 36-66-6 where such provisions are otherwise applicable to applications and petitions filed under chapter 70 of the Lee County Code of Ordinances. In the event that there are conflicts between the provisions of chapter 70 of the Lee County Zoning Code of Ordinances and the Zoning Procedures Law at O.C.G.A. § 36-66-1 through O.C.G.A. § 36-66-66, then the provisions of the Zoning Procedures Law shall control.

(Ord. of 7-25-2023(1))

Editor's note— Ord. of 7-25-2023(1), adopted July 25, 2023, set out provisions intended for use as § 70-692. Inasmuch as there were already provisions so designated, said section has been codified herein as § 70-690.2 at the discretion of the editor.