Notice of all public hearings which are required by a provision of this ordinance shall be given as follows, unless expressly stated otherwise:

Every required notice shall include: The date, time and place of the hearing; a description of the substance of the subject matter that will be discussed at the hearing; a legal description of the properties directly affected including the street address when available; a statement of the body conducting the hearing; a brief statement of what action the body conducting the hearing is authorized to take; and a statement that the hearing may be continued from time to time as may be necessary.

Publication of the notice shall be as follows:

Notice of all public hearings of applications for an amendment to the Official Land Use Standards Atlas, applications for an amendment to the text of this ordinance, applications for conditional use approval, applications for variances, and appeals from a decision, order, requirement, or determination of an administrative officer of the County shall be properly advertised in a newspaper of general circulation in Thomas County not more than thirty (30) days nor less than fifteen (15) days before the date of the hearing. A copy of the notice of public hearing shall be available in the Office of the Planning Director during regular business hours. In addition to the publication requirements above, notice shall also be provided by the Planning Director by regular mail, to all property owners who own real property within four hundred (400) feet of the property directly affected by the proposed action whose address is known by reference to the latest ad valorem tax rolls, not more than thirty (30) days nor less than fifteen (15) days before the date of the hearing.

Except for an amendment to the text of this ordinance, the Planning Director shall require to be erected on the property a sign of no less than four (4) feet by four (4) feet, announcing the public hearing and stipulating the date, time, and place for the hearing and clearly stating the purpose of the hearing. The sign shall be clearly visible from a road. The sign shall be erected not less than fifteen (15) days before the date of the public hearing. Failure to erect a sign will cause postponement of the hearing until this requirement is met.

When the Planning Director determines that an application for an amendment to the Official Land Use Standards Atlas, an application for an amendment to the text of this ordinance, an application for conditional use approval, or an application for a variance is completed, or that a petition for an administrative appeal has been filed, he shall notify the appropriate decision-making body so a public hearing may be set and provide public notice in accordance with the provisions of this ordinance.

Any time after the provision of notice, as required by this ordinance in Section 4.110, any person, upon reasonable request, may examine the application or petition in question, and the material submitted in support or opposition to the application or petition in the Office of the Planning Director during regular business hours. (Any person shall be entitled to obtain copies of the application or petition and other materials upon reasonable request and upon payment of a fee to cover the actual costs of providing such copies).

Any person may appear at a public hearing, or may be represented by counsel or agent, and may submit documents, materials and other written or oral testimony either individually or as a representative of an organization. Each person who appears at a public hearing shall identify himself, his address, and state the name and mailing address of any organization he represents. The body conducting the public hearing may place reasonable time restrictions on the presentation of testimony and the submission of documents and other materials by both proponents and opponents of each proposed zoning decision, such minimum time period to be no less than ten (10) minutes per side.

The body conducting the hearing may continue the hearing to a fixed date, time, and place. Public notice will be given in block ad form for any continuance of rezoning hearings at least five (5) days prior to hearing. On any request for continuation made by applicant, public notice fee (block ad) will be paid for by applicant.

A transcript of testimony, when and if available, the minutes of the secretary, all applications, exhibits, documents, materials, and papers submitted in any proceeding before the decision-making body, the report of the Planning Director or a member of his staff, and the decision and report of the decision-making body shall constitute the record.

Any person shall be entitled to examine the record, at a reasonable time, or make copies at his own expense, at the Office of the Planning Director.

The decision-making body shall render its decision within a reasonable time.

All applications and plans required under the provisions of this ordinance shall be filed with the Planning Director unless otherwise specified. No application shall be deemed to be complete and therefore officially accepted until all information required by this ordinance has been submitted. All applications shall be accompanied by a nonrefundable fee as established from time to time by the Board of Commissioner to defray the actual cost of processing the application.

The purpose of this section is to provide a means for changing the text of this particular Ordinance or the Official Land Use Standards Atlas. It is not intended to relieve particular hardships or confer special privileges or rights on any person.

(1)

Amendments to the text of this Ordinance may be proposed by the Board of Commissioners and any person desiring a change.

(2)

Amendments to the Official Land Use Standards Atlas may be proposed by the Board of Commissioners, or over fifty (50) percent of the owners of the real property to be directly affected by the proposed amendment.

( Ord. of 2-25-20 )

In reviewing the application of a proposed amendment to the text of this Ordinance or an application for a proposed amendment to the Official Land Use Standards Atlas, the Board of Commissioners shall consider the following, if applicable:

(1)

Is the proposed amendment in conflict with any applicable portions of this ordinance?

(2)

Is the proposed amendment consistent with all elements of the Thomas County Comprehensive Plan?

(3)

How long has the property been vacant as classified, considered in the context of land development in the vicinity?

(4)

Will the proposed amendment permit a use that is suitable in view of the existing use and development of adjacent and nearby property?

(5)

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

(6)

Does the property for which the proposed amendment is requested have a reasonable economic use as currently classified?

(7)

Will the proposed amendment create an overcrowding condition with respect to the existing streets, transportation facilities, utilities, schools, or other public facilities?

(8)

Are there other existing or changing conditions regarding the use and development of the property which gives support for approval or disapproval of the proposed amendment?

(9)

Will the proposed amendment result in significantly adverse impacts on the natural environment?

(10)

Any other matters that may be deemed appropriate by the Board of Commissioners in review and consideration of the proposed amendment.

( Ord. of 2-25-20 )

Proposals for an amendment to the text of this Ordinance or an amendment to the Official Land Use Standards Atlas by the Board of Commissioners shall be transmitted to the Planning Director for application. Any interested party may request that the Board of Commissioners initiate such an application.

( Ord. of 2-25-20 )

Any person desiring to apply to the Board of Commissioners for an amendment to the text of this ordinance or an amendment to the Official Land Use Standards Atlas shall submit an application to the Planning Director.

The application shall include the following information:

(1)

The applicant's name and address.

(2)

If the application requests an amendment to the text of this ordinance, the precise wording of any proposed amendment to the text of this ordinance shall be provided.

(3)

A statement describing any changed conditions that would justify an amendment.

(4)

A statement describing why there is a need for the proposed amendment.

(5)

A statement describing whether and how the proposed amendment conforms to the Thomas County Comprehensive Plan.

(6)

A statement outlining the extent to which the proposed amendment:

(a)

Is compatible with existing land uses;

(b)

Affects the capacities of public facilities, including but not limited to transportation facilities, sewage facilities, water supply, parks, drainage, schools, and emergency medical facilities;

(c)

Affects the natural environment; and,

(d)

Will result in an orderly and logical development pattern.

(7)

If the application requests an amendment to the Official Land Use Standards Atlas the applicant shall include:

(a)

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

(b)

The applicant's interest in the subject property.

(c)

The owner's name and address, if different than the applicant, and the signature of over fifty (50) percent of the owners of the real property whose property would be reclassified by the proposed amendment, giving their consent to the filing of the application, if applicable.

(d)

The current classification and existing uses of the property proposed to be reclassified.

(e)

The area of the property proposed to be reclassified, stated in square feet or acres, or a major fraction thereof.

(8)

Such other information or documentation as the Planning Director may deem necessary or appropriate to a full and proper consideration and disposition of the particular application.

Within five (5) working days after an application for an amendment to the text of this ordinance or an application for an amendment to the Official Land Use Standards Atlas is submitted, the Planning Director shall determine whether the application is complete. If the Planning Director determines the application is not complete, he shall send a written statement specifying the application's deficiencies to the applicant by mail. The Planning Director shall take no further action on the application unless the deficiencies are remedied.

When the Planning Director determines an application for an amendment to the text of this Ordinance or an application for an amendment to the Official Land Use Standards Atlas is complete, he shall review the application, make a recommendation and notify the Board of Commissioners that the application is complete.

( Ord. of 2-25-20 )

Editor's note— An ordinance adopted Feb. 25, 2020, repealed § 4.250, which pertained to action by Planning and Land Use Standards Commission.

Editor's note— An ordinance adopted Feb. 25, 2020, repealed § 4.251, which pertained to public hearing by Planning and Land Use Standards Commission.

Editor's note— An ordinance adopted Feb. 25, 2020, repealed § 4.252, which pertained to action by Planning and Land Use Standards Commission.

(1)

The application shall be placed on the agenda of a regular meeting of the Board of Commissioners.

(2)

Within a reasonable time after the conclusion of the regular meeting, the Board of Commissioners shall either grant or deny the application for a proposed amendment and the decision shall be filed in the Office of the Planning Director.

( Ord. of 2-25-20 )

(1)

After a decision or recommendation denying a proposed amendment to the text of this Ordinance or a proposed amendment to the Official Land Use Standards Atlas, the Board of Commissioners shall not consider an application for the same amendment for a period of six (6) months from the date of the action.

( Ord. of 2-25-20 )

Purpose. The purpose of this section is to provide for uses that are generally compatible with the use characteristics of land use standards districts, but which require individual review of their location, design, intensity, configuration, and public facility impact in order to determine the appropriateness of the use on any particular site in the district and their compatibility with adjacent uses. Conditional uses may require the imposition of additional conditions to make the uses compatible in their specific contexts.

Authority. The Thomas County Board of Commissioners may, in accordance with the procedures, standards and limitations of this Ordinance, grant Conditional Use permits for those uses enumerated in each of the Land Use Standards Districts in Table 4 of this Ordinance.

( Ord. of 2-25-20 )

An application for a conditional use may only be submitted by the owner or any other person having a contractual interest in the parcel of land proposed for conditional use.

A conditional use permit shall be granted only if the applicant demonstrates the following:

(1)

Consistency with local ordinances and comprehensive plan. The proposed conditional use is in compliance with all requirements, and is consistent with the general purpose, goals, objectives and standards, of this ordinance, the Thomas County Comprehensive Plan, and the Code of Ordinances of Thomas County; and is in compliance with all additional standards imposed on it by the particular provisions of this ordinance authorizing such use.

(2)

Effect on nearby properties.

(a)

The proposed conditional use will not have an undue adverse effect upon adjacent or nearby property.

(b)

The proposed conditional use is compatible with the existing or planned character of the neighborhood in which it would be located.

(c)

All reasonable steps have been taken to minimize any adverse effect of the proposed conditional use on the immediate vicinity through building design, site design, landscaping, and screening.

(d)

The proposed conditional use will be constructed, arranged, and operated so as not to interfere with the development and use of neighboring property, in accordance with applicable district regulations.

(3)

Adequacy of public facilities. The proposed conditional use will be served by adequate public facilities and services including roads, police protection, fire protection, waste disposal, water, sewer, and drainage.

(4)

Environmental impact. The proposed conditional use will not have a significantly adverse impact on the natural environment.

The Thomas County Board of Commissioners may attach such conditions, limitations, and requirements to a Conditional Use permit as are necessary to effectuate the purposes of Section 4.310; to carry out the spirit and purpose of this Ordinance and the Thomas County Comprehensive Plan; and to prevent or minimize adverse effects upon other property in the neighborhood, including but not limited to limitations on size, intensity of use, bulk and location, landscaping, lighting, the provision of adequate ingress and egress, duration of the permit, and hours of operation. Such conditions shall be set forth expressly in the resolution granting the Conditional Use permit.

(1)

Traffic control devices. Whenever, as the result of traffic generated by a proposed conditional use, it is determined, based on the manual on uniform traffic control devices, that there is a need to install traffic control devices (including traffic signals, signing, and pavement markings), the conditional use permit shall not be granted except upon the condition that the applicant be responsible for installing all said devices and signs, or make an equitable contribution toward such installation.

(2)

Towers.

1.

Definitions. As used in this ordinance, the following terms shall have the meanings indicated:

a.

Alternative tower structure shall mean manmade trees, clock towers, bell steeples, light poles and similar alternative-design mounting structures that camouflage or conceal the presence of antennas or towers.

b.

Antenna shall mean any exterior apparatus designed for telephonic, radio, or television communications through the sending and/or receiving of electromagnetic waves.

c.

FAA shall mean the Federal Aviation Administration.

d.

FCC shall mean the Federal Communications Commission.

e.

Preexisting towers and antennas shall have the meaning set forth in subsection (2)2.d. of this section.

f.

Height shall mean, when referring to a tower or other structure, the distance measured from ground level to the highest point on the tower or other structure, even if said highest point is an antenna.

g.

Tower shall mean any structure that is designed and constructed primarily for the purpose of supporting one (1) or more antennas, including self-supporting lattice towers, guy towers, or monopole towers. The term includes radio and television transmission towers, microwave towers, common-carrier towers, cellular telephone towers, alternative tower structures, and the like.

2.

Applicability.

a.

District height limitations. The requirements set forth in this ordinance shall govern the location of towers that exceed, and antennas that are installed at a height in excess of, the height limitations specified for each zoning district. The height limitations applicable to buildings and structures shall not apply to towers and antennas.

b.

Public property. Antennas or towers located on property owned, leased or otherwise controlled by the Thomas County Board of Commissioners shall be exempt from the requirements of this ordinance, provided a license or lease authorizing such antenna or tower has been approved by the Thomas County Board of Commissioners.

c.

Amateur radio; receive-only antennas. This ordinance shall not govern any tower, or the installation of any antenna that is owned and operated by a federally-licensed amateur radio station operator or is used exclusively for receive only antennas.

d.

Pre-existing towers and antennas. All towers shall meet the requirements of subsection 4.D.3. of this section.

3.

General guidelines and requirements.

a.

Purpose; goals. The purpose of this ordinance is to establish general guidelines for the siting of towers and antennas. The goals of this ordinance are to: (i) Encourage the location of towers in nonresidential areas and minimize the total number of towers throughout the community, (ii) encourage strongly the joint use of new and existing tower sites, (iii) encourage users of towers and antennas to locate them, to the extent possible, in areas where the adverse impact on the community is minimal, (iv) encourage users of towers and antennas to configure them in a way that minimizes the adverse visual impact of the towers and antennas, and (v) enhance the ability of the providers of telecommunications services to provide such services to the community quickly, effectively, and efficiently.

b.

Principal or accessory use. Antennas and towers may be considered either principal or accessory uses. A different existing use or an existing structure on the same lot shall not preclude the installation of an antenna or tower on such lot. For purposes of determining whether the installation of a tower or antenna complies with district development regulations, including but not limited to setback requirements, lot-coverage requirements, and other such requirements, the dimensions of the entire lot shall control, even though the antennas or towers may be located on leased parcels within such lots. Towers that are constructed, and antennas that are installed, in accordance with the provisions of this ordinance shall not be deemed to constitute the expansion of a nonconforming use or structure.

c.

Inventory of existing sites. Each applicant for an antenna and or tower shall provide to the Planning and Zoning Department an inventory of existing towers that are either in the jurisdiction of the Thomas County Board of Commissioners or within one-quarter (¼) mile of the border thereof, including specific information about the location, height, and design of each tower. The Planning and Zoning Department may share such information with other applicants applying for administrative approvals under this ordinance or other organizations seeking to locate antennas within the jurisdiction of the Thomas County Board of Commissioners, provided, however that the Planning and Zoning Department is not, by sharing such information, in any way representing or warranting that such sites are available or suitable.

d.

Aesthetics; lighting. The guidelines set forth in this subsection (3)d. shall govern the location of all towers, and the installation of all antennas, governed by this ordinance, provided, however, that the Thomas County Board of Commissioners may waive these requirements if it determines that the goals of this ordinance are better served thereby.

1.

Towers shall either maintain a galvanized steel finish or, subject to any applicable standards of the FAA, be painted a neutral color, so as to reduce visual obtrusiveness.

2.

At a tower site, the design of the buildings and related structures shall, to the extent possible, use materials, colors, textures, screening, and landscaping that will blend the tower facilities to the natural setting and built environment.

3.

If an antenna is installed on a structure other than a tower, the antenna and supporting electrical and mechanical equipment must be of a neutral color that is identical to, or closely compatible with, the color of the supporting structure so as to make the antenna and related equipment as visually unobtrusive as possible.

4.

Towers shall not be artificially lighted, unless required by the FAA or other applicable authority. If lighting is required the Thomas County Board of Commissioners requires shielded dual mode lighting or focused lens-white during daytime hours and red at night.

e.

Federal requirements. All towers must meet or exceed current standards and regulations of the FAA, the FCC, and any other agency of the federal government with the authority to regulate towers and antennas. If such standards and regulations are changed, then the owners of the towers and antennas governed by this ordinance shall bring such towers and antennas into compliance with such revised standards and regulations within six (6) months of the effective date of such standards and regulations, unless a more stringent compliance schedule is mandated by the controlling federal agency. Failure to bring towers and antennas into compliance with such revised standards and regulations shall constitute grounds for the removal of the tower or antenna at the owner's expense. Any such removal by the Thomas County Board of Commissioners shall be in the manner provided in sections 41-2-8 through 41-2-17 of the Official Code of Georgia.

f.

Building codes; safety standards. To ensure the structural integrity of towers, the owner of a tower shall ensure that it is maintained in compliance with standards contained in applicable local building codes and the applicable standards for towers that are published by the Electronic Industries Association, as amended from time to time. If, upon inspection, the Thomas County Board of Commissioners concludes that a tower fails to comply with such codes and standards and constitutes a danger to persons or property, then upon notice being provided to the owner of the tower, the owner shall have thirty (30) days to bring such tower into compliance with such standards. If the owner fails to bring such tower into compliance within said thirty (30) days, the Thomas County Board of Commissioners may remove such tower at the owner's expense. Any such removal by the Thomas County Board of Commissioners shall be in the manner provided in sections 41-2-8 through 41-2-17 of the Official Code of Georgia.

g.

Height requirements. No tower shall exceed a height of three hundred fifty feet (350) feet.

h.

Setbacks. All towers shall be set back from any adjoining property line a distance of the tower height.

i.

Security fencing. Towers shall be enclosed by security fencing not less than six (6) feet in height and shall also be equipped with an appropriate anti-climbing device, provided, however, that the Thomas County Board of Commissioners may waive such requirements, as it deems appropriate.

j.

Landscaping. The following requirements shall govern the landscaping surrounding towers for which a special use permit is required, provided, however, that the Thomas County Board of Commissioners may waive such requirements if the goals of this ordinance would be better served thereby.

1.

Tower facilities shall be landscaped with a buffer of plant materials that effectively screens the view of the tower compound from adjacent residential property. The standard buffer shall consist of a landscaped strip at least four (4) feet wide outside the perimeter of the compound.

2.

In locations where the visual impact of the tower would be minimal, the landscaping requirement may be reduced or waived altogether.

3.

Existing mature tree growth and natural land forms on the site shall be preserved to the maximum extent possible. In some cases, such as towers sited on large, wooded lots, natural growth around the property perimeter may be sufficient buffer.

4.

Conditional uses.

A.

General. The following provisions shall govern the issuance of conditional use permits for towers:

1.

In granting a conditional use permit, the Thomas County Board of Commissioners may impose conditions to the extent the Thomas County Board of Commissioners concludes such conditions are necessary to minimize any adverse effect of the proposed tower on adjoining properties.

2.

Any information of an engineering nature that the applicant submits, whether civil, mechanical, or electrical shall be certified by a licensed professional engineer.

B.

Information required. Each applicant requesting a conditional use permit for towers under this ordinance shall submit the following:

1.

Land use compliance form signed by owner of the property in order to alert to possible breech of covenant.

2.

Authorization letter signed by owner and notarized granting permission to the agent.

3.

Plat of property, and site plan showing approved drives, setbacks, and other Ordinance requirements.

4.

Copy of lease agreement.

5.

D.O.T./County driveway approval as required.

6.

FCC and FAA acknowledgment.

7.

Inventory of existing tower sites.

8.

Furnish letter of intent or written contract with carrier(s).

9.

Application for conditional use must be submitted to Planning and Zoning Director.

10.

Propagation coverage.

C.

Technical information required after approval. Applicants approved for a conditional use permit for towers under this ordinance shall submit the following:

1.

Site plan signed and sealed by appropriate licensed professionals, showing the scaled elevation view, latitude and longitude, and other supporting drawings, calculations and documentation, location and dimensions of all improvements, including information concerning topo-
graphy, radio frequency coverage, tower height requirements, setbacks, approved drives, parking, fencing, landscaping, and adjacent uses.

2.

Towers shall be designed to meet or exceed all current EIA/TIA 222-F Standards.

D.

Additional procedures required. In addition to any application procedures specified in [section] 4.320 the following special procedures apply to tower applicants:

1.

Pre-application conference.

2.

Review by Thomas County Development Technical Review Committee.

3.

All approved permits shall be required to file an annual report thirty (30) days prior to December 31 of each year showing proof of carriers located on such tower.

4.

Applicant must show proof of carrier within twelve (12) months from the date of approval or permit will be revoked. (See Section 4.370, Expiration of Conditional Use Permit, page 118 of this ordinance.)

5.

A performance bond for fifty (50) percent of the permitted value must be issued to Thomas County prior to a building permit being issued to cover the removal of abandoned antennas and towers. Bond will be reduced after the first twelve (12) months to the certified removal value which will include an annual three (3) percent inflation factor.

6.

Towers will be considered abandoned if not operated for a continuous period of twelve (12) months, and removal shall be the responsibility of the tower company. A penalty of one hundred dollars ($100.00) per day shall be imposed for each day in violation after notification.

5.

Factors considered in granting conditional use permits. The Thomas County Board of Commissioners shall consider the following factors in determining whether to issue a special use permits, although the Thomas County Board of Commissioners may waive or reduce the burden on the applicant of one (1) or more of the criteria if the Thomas County Board of Commissioners, concludes that the goals of this ordinance are better served thereby.

A.

Height of the proposed tower;

B.

Proximity of the tower to residential structures and residential district boundaries;

C.

Nature of uses on adjacent and nearby properties;

D.

Surrounding topography;

E.

Surrounding tree coverage and foliage;

F.

Design of the tower, with particular reference to design characteristics that have the effect of reducing or eliminating visual obtrusiveness; and

G.

Proposed ingress and egress; and

H.

Availability of suitable existing towers and other structures as discussed in subsection 3.c.

I.

Carrier utilization of tower(s).

6.

Administrative.

A.

General.

(1)

Each applicant applying for a conditional use for towers shall adhere to application procedures as required in Section 4.320, Application Procedures, providing the information set forth in subsections 4.B. and 4.C.

(2)

Removal of abandoned antennas and towers. Any antenna or tower that is not operated for a continuous period of twelve (12) months shall be considered abandoned, and the owner of such antenna or tower shall remove same within ninety (90) days of receipt of notice from the Thomas County Board of Commissioners notifying the owner of such abandonment. If such antenna or tower is not removed within said ninety (90) days, the Thomas County Board of Commissioners may, in the manner provided in sections 41-2-8 through 41-2-17 of the Official Code of Georgia, remove such antenna or tower at the owner's expense. If there are two (2) or more users of a single tower, then this provision shall not become effective until all users cease using the tower.

(3)

Access improvements. A conditional use permit shall not be granted except upon the condition that the applicant provides the access (ingress and egress) improvements determined to be necessary as a result of traffic generated by the development.

(4)

Projects requiring other regulatory approvals. For proposed conditional uses requiring any permit from any local state, or federal regulatory authority, the Thomas County Board of Commissioners shall not grant unconditionally a conditional use permit until the commission has received from such authority notice of either issuance or of intent to issue the required regulatory permit.

(5)

Conditional approval. The Thomas County Board of Commissioners may grant a Conditional Use permit contingent upon receiving notice of either issuance of or intent to issue any required regulatory permit if it can make, on a tentative basis and subject to confirmation, the findings required in Section 4.312. After reviewing the regulatory permit application and other information, from revoking such contingent grant of a Conditional Use permit based solely upon an inability to confirm the findings required in Section 4.312 or from protesting the regulatory permit application.

(6)

Reduction in maximum residential density. The Thomas County Board of Commissioners shall require a reduction from the maximum residential density permitted in the land use standards district in which a conditional use is to be located when such allowable maximum residential density would impose an excessive burden, as determined by recognized engineering or other professional standards, on public facilities that would serve the proposed conditional use.

( Ord. of 2-25-20 )

An application for conditional use is initiated by requesting in writing a pre-application conference with the Planning Director. The request shall include a description of the character, location, and magnitude of the proposed conditional use, together with a proposed timetable for development. The purpose of this meeting is to acquaint the applicant with the requirements of this ordinance and the views and concerns of the County when positions are flexible. Within twenty (20) days of the request, the Planning Director shall schedule a pre-application conference between himself, the applicant, and any other official of other relevant County departments.

(1)

Filing. After the pre-application conference, an applicant for a conditional use permit shall submit an application to the Planning Director accompanied by a nonrefundable fee as established from time to time by the Thomas County Board of Commissioners to defray the actual cost of processing the application. The application shall include a site plan and such other information or documentation as the Planning Director deems necessary for the full and proper consideration and disposition of the application.

(2)

Review by County Planning Director.

(a)

Within five (5) working days after an application for conditional use approval is submitted, the Planning Director shall determine whether the application is complete. If the Planning Director determines that the application is not complete, he shall send a written statement specifying the deficiencies to the applicant by mail. The Planning Director shall take no further action on the application unless the deficiencies are remedied.

(b)

When the Planning Director determines that an application for conditional use permit is complete, he shall review the application, make a report, and notify the Planning and Land Use Standards Commission that the application is ready to review.

Editor's note— An ordinance adopted Feb. 25, 2020, repealed § 4.323, which pertained to action by hearing and action by Planning and Land Use Standards Commission.

(1)

Effect of issuance of conditional use permit. The issuance of a conditional 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.

(2)

Inspections during development of an approved conditional use.

(a)

Inspections by Planning Director. Following approval of a conditional use, the Planning Director may until the completion of development, review all permits issued and construction undertaken and compare actual development with the approved conditional use and with the approved development schedule, if applicable.

(b)

Action by Planning Director. If the Planning Director finds that development is not proceeding in accordance with the approved schedule, or that it fails in any other respect to comply with the approved conditional use, he shall notify the Thomas County Board of Commissioners of such fact and may, if he finds it necessary for the protection of the public health, safety, or welfare, take such necessary action to stop such noncompliance.

(c)

Action by the Thomas County Board of Commissioners. Within thirty (30) days following notification by the Planning Director, the Thomas County Board of Commissioners shall determine whether development of the conditional use is proceeding in accordance with the approved conditional use. If the Thomas County Board of Commissioners finds the development is not proceeding in accordance with the approved conditional use, it shall either revoke the permit, or take the necessary action to compel compliance with the approved conditional use.

(3)

Inspections after development.

(a)

Inspection by Planning Director. Following completion of the development of a conditional use, the Planning Director shall review the development as completed and determine if it complies with the approved conditional use.

(b)

Action by Planning Director. If the Planning Director finds that the development as completed fails in any respect to comply with the use as approved, he shall immediately notify the Thomas County Board of Commissioners of such fact.

(c)

Action by Board of Commissioners. Within thirty (30) days following notification by the Planning Director, the Thomas County Board of Commissioners shall determine whether the completed conditional use fails in any respect to follow the approved conditional use permit. If the Thomas County Board of Commissioners finds the completed conditional use fails in any respect to follow the approved conditional use, it shall either revoke the permit or take the necessary action to compel compliance with the approved conditional use.

The time limitations imposed on a conditional use permit by Section 4.370 may be extended by the Thomas County Board of Commissioners not more than one (1) time, and for not more than twenty-four (24) months, upon application by the applicant and after a public hearing held in accordance with Section 4.120.

A legally conforming use that exists on the effective date of this ordinance and that is permitted as a conditional use in a land use standards district shall not be deemed a nonconforming use in that district, but shall without further action be considered a conforming use. A use existing prior to its present classification by this ordinance as a conditional use may change in use or in lot area or may alter a structure only if the change or alteration conforms to the requirements of Section 4.330 for conditional uses. Such change or alteration may be accomplished only pursuant to the standards and procedures established for the adjustment of a conditional use as set forth in Section 4.330.

In addition to any other penalty and remedy for violation of this ordinance, it shall be a condition of every conditional use approval that such approval may be revoked for violation of any condition imposed upon such approval. The permit may be revoked only after the Thomas County Board of Commissioners holds a public hearing in accordance with Section 4.120.

A conditional use permit shall be valid for the purposes of securing a building permit or zoning compliance certificate for twelve (12) months from the date of approval. Unless a building permit or zoning compliance certificate is secured within twelve (12) months, and construction subsequently undertaken pursuant to such building permit, the conditional use permit shall automatically expire unless the permit is extended upon application to the Thomas County Board of Commissioners in accordance with Section 4.340.

A conditional use permit shall be deemed to authorize only the particular use for which it was issued and shall automatically expire and cease to be of any force or effect if such use shall, for any reason, be discontinued for a period of twelve (12) consecutive months.

(1)

Authority. The Thomas County Board of Commissioners shall have authority to grant variances from the requirements of Sections 3.216 (except no variance shall be granted for residential or commercial construction on property that is located on an easement) or 3.222, and 3.223 in accordance with the standards and procedures set forth in this section.

(2)

Purpose. The purpose of a variance is to provide a mechanism when, owing to special conditions, the literal enforcement of the regulations of Sections 3.216, 3.222, and 3.223 that impose upon a landowner unnecessary hardship can be mitigated without conferring on the applicant any special privilege.

(3)

Initiation. An owner of or any person having contractual interest in the property to be affected by the variance may seek a variance under the provisions of this section.

(Amd. of 10-13-98; Res. of 4-24-18; Ord. of 2-25-20 )

The Thomas County Board of Commissioners shall not grant a variance unless it shall, in each case, make specific findings of fact based directly upon the particular evidence presented to it which support written conclusions that:

(1)

The variance requested· arises from a condition that is unique and peculiar to the land, structures, and buildings involved; that the particular physical surroundings, the shape or topographical condition of the specific property involved, would result in unnecessary hardship for the owner, lessee, or occupant, as distinguished from a mere inconvenience, if the provisions of Sections 3.216, 3.222, and 3.223 are literally enforced; that it is a condition that is not ordinarily found in the same land use standards district, and the condition is created by the regulations of Sections 3.216, 3.222, 3.223 of this ordinance, and not by an action or actions of the property owner or the applicant.

(2)

A literal interpretation of the provisions of this ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same land use standards district under the terms of this ordinance.

(3)

The granting of the variance will not be materially detrimental or injurious to 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, endanger the public safety, or substantially diminish or impair property values within the neighborhood.

(4)

The granting of the variance will not confer on the applicant any special privilege that is denied by this ordinance to similar lands, structures, or buildings in the same land use standards district.

(5)

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

(6)

The variance desired will not be opposed to the general spirit and intent of this ordinance of the Thomas County Comprehensive Plan.

(Amd. of 10-13-98; Res. of 4-24-18)

(1)

No variance shall be granted which would permit a use or structure contrary to the use provisions of Section 3.270.1 and Table 4.

(2)

No variance from the provisions of Sections 3.216, 3.222, and 3.223 shall be valid for a period longer than twelve (12) months unless a building permit is issued and construction is started pursuant thereto.

(Res. of 4-24-18)

(1)

Application. An application for a variance shall be filed with the Planning Director accompanied by a nonrefundable 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 such information and documentation as shall be prescribed from time to time by the Planning Director and shall contain at least the following:

(a)

Name and address of applicant.

(b)

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

(c)

The size of the subject property.

(d)

The variance sought and the section of this ordinance from which a variance is requested.

(e)

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

(f)

A statement of the hardship imposed on the applicant by this ordinance; a statement setting forth reasons why this hardship is unique to the applicant, and why the same hardship is not imposed on other property in the neighborhood that is similarly situated; 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; a statement of why the variance will not increase traffic, the danger of fire, or impair property values in the neighborhood; a statement of why the proposed variance is the minimum variance that will make possible a reasonable use of the land, building, and structures; and a statement explaining how the proposed variance is consistent with the general spirit and intent of this ordinance and the Thomas County Comprehensive Plan.

(2)

Filing and application for approval of a variance. Within five (5) working days after an application for approval of a variance is submitted, the Planning Director shall determine whether the application is complete. If the Planning Director determines that the application is not complete, he shall send a written statement specifying the application's deficiencies to the applicant by mail. The Planning Director shall take no further action on the application unless the deficiencies are remedied.

(3)

Review by the Planning Director. When the Planning Director determines an application for approval of a variance is complete, he shall review the application, make a recommendation, and submit it to the Planning and Land Use Standards Commission.

(1)

Upon notification that an application for a variance is complete, the Thomas County Board of Commissioners shall place the application on the agenda of a regularly scheduled meeting for a public hearing in accordance with Section 4.100. In reviewing the application for variance approval, the Thomas County Board of Commissioners shall use the standards in Section 4.420. The Thomas County Board of Commissioners may require the applicant to meet certain conditions before approval of the variance.

( Ord. of 2-25-20 )

The Thomas County Board of Commissioners shall hear and decide appeals from any order, decision, determination, or interpretation by any administrative official of Thomas County with respect to the provisions of this ordinance, subject to the standards and procedures hereinafter set forth. Appeals from decisions of the Thomas County Board of Commissioners shall be to the Superior Court.

An appeal may be initiated by any person, officer, board, or bureau of Thomas County aggrieved by any order, decision, determination or interpretation of any administrative official of the County with respect to the provisions of this ordinance.

A notice of appeal must be filed with the Planning Director, the Thomas County Board of Commissioners, and the office or department rendering the order, decision, determination, or interpretation which is the subject of the appeal within thirty (30) days of the rendition of such order, decision, determination or interpretation appealed from, specifying the grounds upon which the appeal is taken. The filing of such notice of appeal will require the Planning Director or County department rendering the decision to forward to the Planning Director any and all records concerning the subject matter of the appeal.

The filing of a notice of appeal shall stay any proceedings in furtherance of the action appealed from unless the Planning Director or other administrative official rendering such order, decision, determination, or interpretation certifies to the Thomas County Board of Commissioners that by reason of certain facts, a stay would pose any imminent peril to life or property; in such case the appeal will not stay further proceedings except by a restraining order.

The Thomas County Board of Commissioners shall hold a hearing on the appeal pursuant to the procedures set out in Section 4.100 within a reasonable time after a notice of appeal is filed. The commission may reverse, affirm, or modify the order, decision, determination, or interpretation. In so modifying such decision, determination or interpretation, the commission shall be deemed to have all the powers of the officer from whom the appeal is taken, including the power to impose reasonable conditions to be complied with by the applicant.

Any person aggrieved by decisions of the Thomas County Board of Commissioners shall have the right to appeal to the Superior Court of Thomas County and all such appeals shall be filed within thirty (30) days of the decision of the Thomas County Board of Commissioners. Requests for rehearing by the Thomas County Board of Commissioners shall be filed within ten (10) days of the decision of the Thomas County Board of Commissioners.

1.

Prior to initiating any formal annexation activities, the municipality will notify the county of a proposed annexation and provide information on location of property, size of area, and proposed land use or zoning classification(s) (if applicable) of the property.

Within thirty (30) days following receipt of the above information, the county will forward to the city a statement either: (a) indicating that the county has no objection to the proposed land use for the property; or (b) describing its bona fide objection(s) to the city's proposed land use classification, providing supporting evidence, and listing any possible stipulations or conditions that would alleviate the county's objection(s);

2.

If the County has no objection to the City's proposed land use or zoning classification, the City is free to proceed with the annexation. If the County fails to respond to the City's notice in writing within the deadline, the City is free to proceed with the annexation and the County loses its right to invoke the dispute resolution process, or object to land use changes after the annexation.

3.

If the county notifies the city that it has a bona fide land use classification objection(s), the city will respond to the county in writing within thirty (30) days of receiving the county's objection(s) by either: (a) agreeing to implement the county's stipulations and conditions and thereby resolve the county's objection(s); (b) agreeing with the county and stopping action on the proposed annexation; (c) disagreeing that the county's objection(s) are bona fide, the city will initiate a joint meeting of the respective governments to resolve the issue(s).

4.

If the City initiates mediation, the City and County will agree on a mediator, mediation schedule and determine participants in the mediation. The City and County agree to share equally any costs associated with the mediation.

5.

An annexation proposal shall not be effective until any bona fide land use classification objections raised by the county are resolved pursuant to the dispute resolution process.

6.

However, the final resolution of any recommendation of a land use classification will be accorded to the governing body considering the annexation. In cases of land use disputes not related to annexation proposals, the final resolution of a land use dispute will be accorded to the jurisdiction in which the subject property is located. Notwithstanding, a government may seek declaratory judgment in a court of proper jurisdiction pursuant to a land use decision.

(Res. of 5-12-98, § 1)

Editor's note— Res. of 5-12-98, § 1, did not specifically amend the Code; therefore, these provisions have been added as § 4.600, at the editor's discretion.