The board of commissioners may from time to time amend the number, shape, boundary or area of any district, or may amend any regulation pertaining to any district; or may amend any article or section of this chapter. The procedure for amending this chapter shall be as provided in this article.

(Ord. No. 2024-17, 7-23-2024)

A petition to amend the text of these land use protection regulations or the official land use district map may be initiated by the board of commissioners, the planning commission or any person, firm, corporation or agency that owns property involved in a petition for amendment, subject to the provisions established herein. This shall also include the legal representative of the board of commissioners, the planning commission or any person, firm, corporation or agency that owns property involved in a petition for amendment.

(Ord. No. 2024-17, 7-23-2024)

The board of commissioners or the planning commission may at any time file, in its own name, an application for amendment to the text of the zoning protection regulations or the official land use district map, except that if a zoning decision of the board of commissioners is for the rezoning of property and the amendment to the land use protection resolution and associated map to accomplish the redistricting is defeated by the board of commissioners, the same property may not again be considered for redistricting until the expiration of at least six months immediately following the defeat of the redistricting by the board of commissioners.

A property owner or subsequent property owner shall not initiate action for a map amendment, conditional use permit, certificate of appropriateness or variance affecting the same or any portion of property more often than once every six months from the date of any previous decision rendered by the board of commissioners; provided, however that a property owner may petition for alteration, modification or deletion of conditions of land use protection in accordance with the provisions of this article.

A property owner or subsequent property owner shall not initiate action for a text amendment affecting the same or any portion of property more often than once every six months from the date of any previous decision rendered by the board of commissioners.

(Ord. No. 2024-17, 7-23-2024)

Any petition for an amendment to these regulations, official land use district map, conditional use approval or variance may be withdrawn, at the discretion of the person or agency initiating such request, at any time prior to final action by the board of commissioners upon written notice to the planning director. Any required fees shall be forfeited.

(Ord. No. 2024-17, 7-23-2024)

(a)

Application materials specified in this section shall be required for the following petitions:

(1)

Amendments to the official land use district map;

(2)

Alterations or extensions of conditional use decision;

(3)

Conditional use permits; and

(4)

Applications for variances or appeals to the board of commissioners.

(b)

Application materials shall include:

(1)

An application form furnished by the planning director; and

(2)

A legal description of the property to be considered in the application. The legal description shall be by metes and bounds unless an alternative legal description which clearly describes the property in question without ambiguity and without conflicting with the description of any other property, is determined to be acceptable by the planning director. Boundary surveys of the property should be submitted with the application whenever available; and

(3)

A letter of intent which describes general characteristics of the proposed development, such as type and time frame of development, background information in support of such application and any other information deemed pertinent by the applicant.

a.

For variance applications, the letter shall address the criteria specified in this chapter.

b.

For land use district map amendment applications, the letter of intent shall address the standards specified in this chapter.

c.

For conditional use permit applications, the letter of intent shall address the standards specified in section 59-1607 of this chapter.

(4)

A site plan with all information specified in this chapter. Unless otherwise noted in the approval, the site plan submitted in support of an approved application shall be considered a part of the approval and must be followed.

(5)

A fee for said application as established by the board of commissioners from time to time.

(6)

Applications which require action by the board of commissioners shall also require disclosure of any conflicts of interest as specified in O.C.G.A. [Tit. 36,] Ch. 67A, "Conflict of Interest in Land Use District Actions."

Applicants shall submit three copies of any required site plans or development plans and letters of intent to the planning director for distribution to the applicable bodies and/or review agencies. The planning director may require more or less copies depending on the nature and extent of required review.

(Ord. No. 2024-17, 7-23-2024)

(a)

All site plans required by this article shall, at a minimum, contain the following information:

(1)

General location map showing scale, date, north arrow and relationship of the site to streets or natural landmarks.

(2)

Specific schematic map or plat showing (a) boundaries of the subject property (b) all existing and proposed streets, including right-of-way and street pavement widths; (c) buildings; (d) building setbacks, buffer, landscape strips and environmentally sensitive areas; (e) parking and loading areas and other physical characteristics of the property; and

(b)

Each of these two maps must contain:

(1)

Title of proposed project.

(2)

Name, address and contact number of property owner.

(3)

Name, address, contact number of architect, engineer or other designer.

(Ord. No. 2024-17, 7-23-2024)

The applicant, staff, planning commission and board of commissioners should review an application for land use district map amendment with regard to the following criteria:

(1)

The existing uses and district designation of nearby property and whether the proposed land use will adversely affect the existing use or usability of nearby property.

(2)

The extent to which property values are diminished by the particular zoning restrictions.

(3)

The extent to which the destruction of property values promotes the health, safety, morals or general welfare of the public.

(4)

The relative gain to the public, as compared to the hardship imposed upon the individual property owner.

(5)

The physical suitability of the subject property for development as presently districted land under the proposed land use district.

(6)

The length of time the property has been vacant, considered in the context of land development in the area in the vicinity of the property and whether there are pre-existing or changed conditions affecting the use and development of the property which give supporting grounds for either approval or disapproval of the rezoning request.

(7)

The zoning history of the subject property.

(8)

The extent to which the proposed zoning will result in a use which will or could cause excessive or burdensome use of existing streets, transportation facilities, utilities, schools, parks or other public facilities.

(9)

Whether the land use proposal is in conformity with the policy and intent of the comprehensive plan or other adopted plans.

The staff, planning commission and board of commissioners, may consider other factors deemed relevant before formulating recommendations and taking action on a particular request.

(Ord. No. 2024-17, 7-23-2024)

(a)

Land use districts established herein permit certain uses which are allowable therein provided they meet specified conditions, as set forth therein and here. No such use shall be permitted until a conditional use permit has been issued authorizing such use. The procedures for granting such permits shall be the same as for amendments to the zoning ordinance or zoning map.

(b)

Those conditions specified in this chapter shall be considered to be the minimum standards which must be met before the conditional use application may be considered by the planning commission for review and recommendation and the board of commissioners for decision. In deciding upon whether or not a conditional use meets the minimum standards and promotes the health, safety, morals, or general welfare of the county, the board of commissioners shall utilize the applicable standards of review set forth in this chapter.

(c)

If the board of commissioners, after applying the evidence to the standards of review and conditions, have been convinced that the allowance of the conditional use will promote the health, safety, morals, or general welfare of the county, a conditional use permit may be granted, subject to those provisions that may be imposed by the board of commissioners.

(d)

A conditional use permit is non-transferable, excepting that a conditional use permit may transfer with the property solely at the discretion of the board of commissioners. In the event that a property granted a conditional use permit changes ownership, the conditional use permit shall automatically expire. If a conditional use has already been physically established prior to change in ownership, the conditional use assigned to the property becomes a legal non-conforming use not subject to the provisions of section 59-1702 and section 59-1703 of this chapter. Only in the event that a new conditional use permit is obtained will the legal non-conforming use transition to a legal conforming use. A conditional use permit that transitions to a legal non-conforming use shall not expand, enlarge, change its use, or re-establish its use without a new conditional use permit having been obtained, and only in the event of damage or destruction within a two-year period of time shall a legal non-conforming use be re-established within its existing footprint.

(Ord. No. 2024-17, 7-23-2024; Res. No. 2025-03, 1-28-2025)

The applicant, staff, planning commission and board of commissioners should review applications for conditional uses with regard to the following criteria, in addition to other standards and criteria set forth in this chapter:

(1)

Off-street parking and loading facilities are adequate in terms of location, amount and design to serve the use.

(2)

The number, size and type of signs proposed are compatible with the surrounding area.

(3)

The amount and location of open space and the provisions of screening is such that buffering of incompatible uses is achieved.

(4)

Ingress and egress to the property is suitable and safe, and the effects of the proposed activity on traffic flow along adjoining streets is not adverse.

(5)

The location and intensity of outdoor lighting is such that it does not cast light on adjacent or neighboring properties.

(6)

Hours and manner of operation of the proposed are not inconsistent with adjacent and nearby uses.

(7)

Public facilities and utilities are capable of adequately serving the proposed use.

(8)

The proposed use will not have a significant adverse effect on the level of property values or the general character of adjacent land uses or the general area.

(9)

The physical conditions of the site, including size, shape, topography and drainage, are suitable for the proposed development.

(10)

The proposed use is consistent with the goals and objectives of the comprehensive plan of the county and this chapter. The staff, planning commission and board of commissioners may consider other factors deemed relevant before formulating recommendations and taking action on a particular conditional use application.

(Ord. No. 2024-17, 7-23-2024)

This section shall apply to all applications for amendments to (1) the text of the land use protection regulations, (2) amendments to the official zoning district map, (3) petitions for variances and appeals to the board of commissioners, (4) requests for conditional use approval, (5) requests for alteration or extension of conditional redistricting.

Upon receipt of a completed application, fees and other information required by this article, the planning director shall cause notice of such application to be published at least one time in a newspaper of general circulation in the community at least 15 days but not more than 45 days prior to the date of the public hearing before the board of commissioners.

Said published notice shall include, as a minimum, the purpose, location, date and time of the public hearing, before the board of commissioners, the purpose, location, date and time of the public hearing before the planning commission, the location of the property being considered, the present land use classification of the property, and proposed action to be taken, as appropriate, such as proposed land use district, type of conditional use, variance to particular articles and sections, and so forth. The administrative office shall also cause to have posted in a conspicuous place on said property one or more sign(s), each of which shall contain the information specified for published notices. No public hearing shall take place until said sign(s) have been posted for at least 15 days, but not more than 45 days prior to the date of the public hearing.

On any application, a public hearing shall be held first by the planning commission who reviews and makes their recommendation. The application along with their recommendation shall be forwarded to the board of commissioners for their review.

Public hearings regarding variances and appeals shall be held by the board of zoning appeals and no action shall be taken on said applications until a public hearing has been held by the board of commissioners.

Public hearings may be delayed, rescheduled or continued at another time and date, provided announcement is given at the time and place of the initially scheduled and advertised public hearing, and provided such date, time and location of the public hearing to be delayed, rescheduled or continued is given. If the applicant of a petition before the planning commission or board of commissioners fails to attend the public hearing, then the planning commission or board of commissioners may require re-advertisement of the subject petition at the expense of the applicant or may proceed on the application in the absence of the applicant or the applicant's legal representative.

(Ord. No. 2024-17, 7-23-2024)

The planning director may as appropriate customarily submit to the recommending and/or decision making body, prior to a scheduled public hearing, copies of the site plan and letter of intent along with a written recommendation for approval, disapproval, deferral, withdrawal or other recommendation. Said recommendation shall include reasons for said recommendations, considered within the context of the appropriate criteria as specified by this chapter. The recommendations of the planning director shall have an advisory effect only and shall not be binding on the board of commissioners. Copies of the planning director's recommendations shall be made available to the applicant and other interested parties upon completion and distribution to the appropriate bodies and at the public hearing.

The duties of the planning director can be found in appendix 1 which is incorporated herein by reference.

Note— Appendix 1 has been set out at the end of this chapter.

(Ord. No. 2024-17, 7-23-2024)

Prior to the public hearing held by the board of commissioners, the planning commission shall hold a public hearing on all applications for amendment to the text of the land use protection regulations, amendments to the official land use district map, conditional use permit applications, petitions for alteration or extension of conditional land uses requests for site plan for manufactured home parks in the residential district and variances.

After completing its studies of the particular petition, the planning commission shall submit a recommended action in writing to the board of commissioners. The planning commission may submit any additional report it deems appropriate. The recommendations of the planning commission shall have an advisory effect only and shall not be binding on the board of commissioners. Copies of the planning commission's recommendations and reports shall be made available to the applicant and other interested parties upon completion and distribution to the board of commissioners and at the public hearing before the board of commissioners.

The planning commission shall have 30 days within which to submit its recommendations. The board of commissioners shall not take action on any of said applications, until it has received the recommendation of the planning commission within the specified time period. If the planning commission fails to submit a recommendation within a 30-day period, it shall be deemed to have approved the proposed application.

The bylaws of the planning commission can be found in appendix 2 which is incorporated herein by reference.

Note— Appendix 2 has been set out at the end of this chapter.

(Ord. No. 2024-17, 7-23-2024)

All public hearings regarding applications considered by the board of commissioners and planning commission shall be held in accordance with any procedures adopted by said body and, in addition, shall be governed by the following procedure:

(1)

The presiding officer shall open the hearing by stating the specific application being considered at the public hearing. At this time, the presiding officer may summarize the public hearing procedures.

(2)

The planning director will present a description of the proposed application, any applicable background material, his/her recommendation regarding action on said application as appropriate, and the recommendations and reports of the planning commission as appropriate.

(3)

Persons who support the application will be asked to comment first. The petitioner may, upon recognition and upon statement of name and address, present and explain his application. The petitioner, or his designated agent, shall be required to attend the public hearing unless written notice of hardship is received prior to such meeting. Failure of the petitioner or agent to attend the public hearing or meeting, except in cases of hardship, may be due cause for dismissal or denial of such application. A time limitation may be imposed at the discretion of the chairman.

(4)

Persons who oppose the application will be asked to comment next. All interested parties after being recognized shall be afforded an opportunity to address the proposed application by standing before the appropriate body and identifying their name, address and interest, along with any comments on the proposed application. A time limitation may be imposed at the discretion of the chairman.

(5)

The petitioner shall have an opportunity for summary remarks and rebuttal concerning the proposed application.

(6)

Upon completion of any comments from interested parties and the petitioner, the public hearing shall be completed and adjourned.

(7)

All public comments having been heard, the members of the body considering the application may discuss the request among themselves. During this discussion period, the members of the body may call on the petitioner or other interested parties to clarify points made previously or to answer questions. Said petitioner or interested parties may respond upon recognition.

(8)

The public hearing procedures as adopted by the board of commissioners shall be made available to all parties and the public by requesting a copy from the clerk of the board of commissioners.

(Ord. No. 2024-17, 7-23-2024)

After the public hearing has been completed, the board of commissioners may take action to approve or deny the request, refer the application back to the planning director or planning commission for further study or the board of commissioners may table or defer action until a later meeting. The board of commissioners, after the public hearing has been completed, may take action to approve or deny the request, or defer action until a later meeting.

(Ord. No. 2024-17, 7-23-2024)

The planning director and planning commission may recommend, and the board of commissioners may approve, applications for map amendments and conditional use permits, subject to certain conditions, provided that said conditions are set forth in the ordinance regarding approval of such application. Said conditions of approval may reduce the number or type of permitted uses, limit the nature or scope of permitted uses, restrict certain activities on the property, restrict the number and kind of improvements which can be made on the property, stipulate specific acts which the property owner will perform or any other conditions directly related to the physical use of land and which are designed to render the proposed land use or use compatible with nearby properties. Applications for alteration or extension of conditional districting shall be made in accordance with the requirements of this article.

(Ord. No. 2024-17, 7-23-2024)

(a)

In ruling on any matter herein in which the exercise of discretion is required, or in ruling upon any application for zoning map amendment, the planning director, planning commission or board of commissioners shall act in the best interest of the health, safety, morals, and general welfare of the county. In doing so, they will consider one or more of the following factors, in addition to other factors and criteria set forth in this chapter, as they may be relevant to the application:

(1)

The existing land use pattern;

(2)

The possible creation of an isolated district unrelated to adjacent and nearby districts;

(3)

The population density pattern and possible increase or overtaxing of the load on public facilities including, but not limited to, schools, utilities, and streets;

(4)

The cost of the county and other governmental entities in providing, improving, increasing or maintaining public utilities, schools, streets and other public safety measures;

(5)

The possible impact on the environment, including, but not limited to, drainage, soil erosion and sedimentation, flooding, air quality and water quantity;

(6)

Whether the proposed zoning map amendment will be a deterrent to the value or improvement of development of adjacent property in accordance with existing regulations;

(7)

Whether there are substantial reasons why the property cannot be used in accordance with existing regulations;

(8)

The aesthetic effect of existing and future use of the property as it relates to the surrounding area;

(9)

The extent to which the proposed zoning map amendment is consistent with the land use plan;

(10)

The possible effects of the proposed zoning map amendment on the character of a zoning district, a particular piece of property, neighborhood, a particular area, or the community;

(11)

The relation that the proposed zoning map amendment bears to the purpose of the overall zoning scheme, with due consideration given to whether or not the proposed change will help carry out the purposes of these zoning regulations;

(12)

Applications for a zoning map amendment which do not contain specific site plans carry a rebuttable presumption that such rezoning shall adversely affect the zoning scheme;

(13)

The consideration of the preservation of the integrity of residential neighborhoods shall be considered to carry great weight;

(14)

In those instances in which property fronts on a major thoroughfare and also adjoins an established residential neighborhood, the factor of preservation of the residential area shall be considered to carry great weight.

(b)

After hearing evidence at the zoning hearing, the board of commissioners shall apply the evidence to the standards of review in making their decision. It will not be required that the board of commissioners consider every criteria contained in the standards of review. It shall be the duty of the applicant to carry the burden of proof that the proposed zoning map amendment promotes the public health, safety, morality or general welfare.

(c)

If the board of commissioners determine from the evidence presented that the applicant has shown that the proposed zoning map amendment promotes the health, safety, morals and general welfare under the standards of review, then the application shall be granted, subject to those reasonable provisions as may be imposed by board of commissioners as provided in this chapter. Otherwise, such application shall be denied.

(d)

In ruling on any petition in which the petitioner has brought a challenge of the existing zoning classification, the board of commissioners may impose upon such property any appropriate zoning classification, which might be consistent with the considerations contained in [subsection] (a) above.

(Ord. No. 2024-17, 7-23-2024)

If, after 24 months from the date the board of commissioners approves a map amendment or conditional use permit, action has not been taken to utilize the property, pursuant to such conditions, such as securing a development permit, the approval shall expire. The board of commissioners shall, by official action, cause the conditional use approval to expire or the land use district to revert to the district classification assigned to the property immediately prior to the approval.

The planning director shall notify all property owners in question of pending action to rescind or revoke approvals, and such notice shall be by certified mail, dated at least 15 days prior to the date of the board of commissioner's scheduled meeting and directed to the owner's address as it appears on the tax rolls of the board of commissioners.

Prior to notification by the planning director of any reversion of approval, the owner of the property in question may petition the board of commissioners for a modification or extension of land use or conditional use approval. Any such extension shall valid for 24 months from the date of approval. Only one such extension shall be permitted.

(Ord. No. 2024-17, 7-23-2024)

Applications for amendments to the text of the land use protection regulations, land use district map amendments, alterations or extensions of conditional districting and conditional use permits require approval by the board of commissioners before development may be initiated or before such application is made effective. Applications for variances and appeals shall require approval by the board of commissioners before development may be initiated or before such application is made effective.

(Ord. No. 2024-17, 7-23-2024)

The date of all approved amendments to the text of this chapter may be indicated on the title/cover page of the text, and any sections within this resolution text hereafter amended or repealed shall be so indicated by an asterisk (*, **, ***, etc.) and concurring footnote providing the date such amendment was approved. All such text amendments shall be incorporated within the text without unreasonable delay.

(Ord. No. 2024-17, 7-23-2024)

Where noise, visual effects or distracting activity is determined by the planning commission to affect adjacent property or roadway, a vegetative screen, cement or masonry wall, or earth berm may be required by the planning commission to reduce the undesirable effects. In deciding if such screens and buffers are necessary the planning commission shall consider the following criteria and factors:

(1)

The nature of the adjoining use;

(2)

The size of the property being considered for screens and buffers;

(3)

The existence of any light, noise, odor or other impact caused by the property being considered for screens and buffers;

(4)

Screens and buffers can be required as a permit condition for a conditional use permit or variance application; and

(5)

Any factors herein for consideration of conditional use permits.

(Ord. No. 2024-17, 7-23-2024)

In the event that any provisions of this article conflict with the minimum requirements of O.C.G.A. § 36-66-1 et seq., as subsequently amended, known as the "Zoning Procedures Law," the provisions of O.C.G.A. § 36-66-1 et seq., as subsequently amended, known as the "Zoning Procedures Law" shall control.

(Ord. No. 2024-17, 7-23-2024)