The provisions of the Zoning Ordinance shall be administered by the Community Development Director as provided in this UDO.

(Ord. No. 2025-03, 6-3-2025)

The specific duties of the Board of Commissioners with respect to the Zoning Ordinance shall include, but not be limited to, the following:

(1)

Recommendations. Receiving from the Community Development Director and from the Board of Zoning Appeals and Planning Commission recommendations concerning the Comprehensive Plan, amendments to the Comprehensive Plan character area map, amendments to provisions of the Zoning Ordinance, special use permits, or any other matters relating to planning and zoning within the County.

(2)

Public meetings. Conducting public hearings and meetings for the purpose of receiving information and public comment and taking final action on amendments to the Comprehensive Plan and the Comprehensive Plan character area map, text of the Zoning Ordinance, official Zoning Map, special use permits, and other actions pursuant to the Zoning Ordinance.

(Ord. No. 2025-03, 6-3-2025)

(1)

There is hereby created a Board of Zoning Appeals/Planning Commission of Troup County, Georgia to: (1) provide the planning, zoning and land division services that promote the harmonious development of the County and enhance and preserve the quality of life for its current and future residents by facilitating the creation of economic vitality and promoting the highest standards for development and revitalization throughout the County; (2) prepare and maintain a comprehensive land use plan for the County; (3) provide unbiased advice and recommendations to the Board of Commissioners on development and zoning matters; and (4) hear and decide appeals and requests for variances as a quasi-judicial board.

(2)

Purpose and duties. The purpose and duties of the Board of Zoning Appeals and Planning Commission shall include, but not be limited to, conducting public hearings, requesting and receiving studies and reports from staff, and reviewing and making recommendations to the Board of Commissioners concerning matters brought before them, including, but not limited to, the following duties:

(a)

To review and make recommendations regarding proposed amendments to the Comprehensive Plan and character area map, the Zoning Ordinance, the official Zoning Map, and applications for special permits.

(b)

To review and make final decisions on variance applications.

(c)

To review and make final decisions on authorized administrative appeals.

(d)

To work with the County government, boards and authorities, and the Board of Commissioners when appropriate to the purposes of the Board of Zoning Appeals and Planning Commission in carrying out their various functions by making recommendations to achieve the desired benefits on behalf of present and future County residents, businesses and property owners.

(3)

Appointments and terms.

(a)

Composition. The Board of Zoning Appeals and Planning Commission shall be composed of seven (7) members appointed by the Board of Commissioners. Each member appointed shall be a resident and citizen of the County and shall so remain during the tenure of their service on the Board of Zoning Appeals and Planning Commission.

(b)

Terms. Members shall serve a term of four (4) years and may be removed from office at any time by the Board of Commissioners with or without cause. Appointment of the members shall be such that the terms of no more than two (2) members expire concurrently. The establishment of terms required by the modification of the number of members on the board shall be provided for by resolution of the Board of Commissioners.

(c)

Qualifications. When possible, at least three (3) members shall be professionally qualified in the fields of planning, architecture, landscape architecture, civil engineering, real estate, building construction, or related fields.

(d)

Compensation. Members shall serve without pay but may be reimbursed for any expenses, as set forth in a resolution adopted by the Board of Commissioners, incurred in connection with their official duties.

(e)

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

(4)

Board of Zoning Appeals and Planning Commission officers.

(a)

Officers and the election of officers. The officers of the Board of Zoning Appeals and Planning Commission shall be a Chairperson, a Vice-Chairperson, and a Secretary, who shall be the Community Development Director. Officers of the Board, other than the Secretary, shall be elected for two (2)-year terms at the Regular meeting of the Board of Zoning Appeals and Planning Commission held during the month of January. All elected officers shall serve a term of two (2) years. The Chairperson may not be eligible for a successive term. The Vice-Chairman may be elected successively. At any time during the calendar year, should an officer resign their office, an election to replace the position shall be placed on the following month's agenda.

(b)

Duties of the chair. The chair shall preside at all meetings and hearings of the board and decide all points of order and procedure. The chair may appoint committees necessary to assist and advise the board in its work. The chair may administer oaths and compel the attendance of witnesses by subpoena.

(c)

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

(d)

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

(e)

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

(f)

Chairperson Pro Tempore. In the case that both the chair and the vice-chair are absent or recused from a hearing or meeting, the remainder of the sitting Board of Zoning Appeals and Planning Commission members shall elect a chairperson pro tempore from among their own number by a majority vote. This position shall then exercise the duties of the chairperson in the absence, disability, or disqualification of both the chair and the vice-chair.

(5)

Meetings of the Board of Zoning Appeals and Planning Commission.

(a)

Unless there is no business to be conducted, the board shall hold regularly scheduled meetings each month. The board shall establish and make available to the public the time, place, and dates of its regular meetings. Except as otherwise authorized by the Georgia Open Meetings Act, O.C.G.A. § 50-14-1 et seq., all meetings shall be open to the public. Public notice of all meetings shall be as required by said Georgia Open Meetings Act.

(b)

Special called meetings. The chair, secretary, or a majority of the board may call a special meeting at any time provided that written notice is posted for at least 24 hours at the place of regular meetings and written or oral notice is given at least 24 hours in advance of the meeting to the official legal organ of the County, in accordance with the Georgia Open Meetings Act. The chair, secretary, or a majority of the board may call a special meeting at any time, provided notification is provided in accordance with the Georgia Open Meetings Act. No business other than the specific stated purpose shall occur at the special called meeting.

(c)

Agenda and minutes.

(i)

The chair and secretary shall determine the meeting agenda.

(ii)

Not more than two (2) business days following the adjournment of a meeting of the board, the secretary shall ensure that a written summary of the subjects acted on by the board and a list of those members present are available for public inspection in the offices of the Community Development Department.

(iii)

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

(iv)

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

(d)

Procedures. The board shall make its own rules of procedure consistent with this article and determine its time of meeting. Such rules shall be subject to approval of the Board of Commissioners.

(e)

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

(i)

Roll call and determination of a quorum.

(ii)

Approval of minutes of previous meetings.

(iii)

Approval of the agenda.

(iv)

Old or unfinished business.

(v)

New business.

(vi)

Reports.

(vii)

Public comment.

(viii)

Adjournment.

(f)

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

(6)

Quorum and voting.

(a)

Quorum. A quorum shall consist of 50 percent plus one (1) of the current filled positions on the board. A majority vote of those present, constituting a quorum, shall be sufficient to decide all matters that come before the board.

(b)

Voting.

(i)

A board member, who is part of a quorum of the board during the consideration of any matter but not participating in the discussion or vote on a specific matter because of a conflict of interest, shall be considered present for quorum purposes but shall abstain from voting on that specific matter.

(ii)

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

(iii)

The board may recommend conditions to any proposed amendment to the Comprehensive Plan character area map, amendment to the official Zoning Map, or any special permit as authorized in sec. 12.13. The board may also impose conditions on the granting of a variance as authorized in Section. 12.8.

(c)

Attendance. If any member of the board is absent without cause for three (3) consecutive regular meetings of the board, that member shall be automatically removed from membership, and a replacement shall be appointed in the same manner as the initial appointment as described in subsection (4)(a) of this section.

(7)

Code of conduct.

(c)

Conflicts of interest. A board member shall have a conflict of interest if said member or their immediate family (spouse, mother, father, brother, sister, son or daughter), has a property interest in any real property affected by action on an application before the board or has a financial interest in any business entity that has a property interest in any real property affected by action on an application before the board. Any member having a conflict of interest shall immediately disclose the nature and extent of such interest prior to discussion of the matter, and these disclosures shall be made a public record. No board member shall vote or participate in a matter in which he or she has a conflict of interest, and the member shall leave the room while the matter is being discussed so as not to influence the voting of any other member.

(d)

Conflict of interest affidavit. Each member of the board shall sign the Conflict of Interest Affidavit form for each zoning application that is acted upon by the board, if a conflict does exist. The conflict of interest affidavit must be documented in the meeting minutes.

(e)

Outside material. No board member shall discuss any matter pending before the board with anyone outside a public hearing, with the exception of other board members and staff. No discussions shall be held when a quorum is present unless the discussion takes place in a meeting that has been duly advertised in accordance with this ordinance and the Open Meetings Act. All letters or other material personally received by any member shall be provided to each board member at the public hearing on the item in question.

(f)

Responsibility to remain impartial. Members of the board shall not decide or announce how they will vote prior to the conclusion of the public hearing of any matter and shall otherwise avoid the appearance of premature decision-making on any matter before the board.

(g)

Board member as applicant. Nothing herein shall prevent a member of the board from presenting a matter to the board where such member is the applicant, so long as such status is disclosed by the member prior to the presentation. Such a member shall abstain from discussions and voting on such matters and the member shall leave the room while the matter is being discussed so as not to influence the voting of any other member.

(Ord. No. 2025-03, 6-3-2025)

(1)

Initiation of amendments.

(a)

Amendments to the official Zoning Map or to the Comprehensive Plan character area map may be initiated by:

(i)

The owner(s) of the subject property or the authorized agent(s) of the owner(s) of the property by application, provided that all requests for amendments to the Comprehensive Plan character area map are made in conjunction with a corresponding request for an amendment to the Zoning Map for the same areas and parcels;

(ii)

The Board of Commissioners pursuant to a request by one (1) or more members of the Board of Commissioners;

(iii)

County staff.

(b)

Amendments to the text of the Zoning Ordinance may only be initiated by:

(i)

The Board of Commissioners, pursuant to a request by one (1) or more members of the Board of Commissioners;

(ii)

Official action of the Board of Zoning Appeals and Planning Commission; or

(iii)

County staff.

(c)

No amendment to the text of the Zoning Ordinance, the official Zoning Map, or the Comprehensive Plan character area map shall become effective unless it has followed all procedures for notice and public hearing pursuant to the requirements of State law and this article.

(d)

Application schedule.

(i)

Review and consideration of amendments to the Zoning Ordinance text, the official Zoning Map, and the Comprehensive Plan character area map will be scheduled before the Board of Zoning Appeals and Planning Commission and the Board of Commissioners in accordance with a schedule prepared annually by the Community Development Director.

(ii)

Following a request to amend the Zoning Ordinance text, the official Zoning Map, or the Comprehensive Plan character area map, pursuant to Sec. 12.4(1), the Community Development Director shall, upon determination that the request is complete, refer the application to the board of planning and zoning appeals for review and recommendation.

(iii)

If any proposed amendment of the official Zoning Maps or the Comprehensive Plan character area maps is denied by the Board of Commissioners, no request for amendment involving the same property shall be accepted for filing until the expiration of six (6) months following said denial.

(2)

Content of applications.

(a)

Amendments. Applications to amend the official Zoning Map or the Comprehensive Plan character area map shall be submitted on a form available from the Community Development Director and shall, at a minimum, include the following:

(i)

An application fee as established by the Board of Commissioners.

(ii)

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

(iii)

The road or street address and tax parcel identification number of the property to be reclassified.

(iv)

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

(v)

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

(vi)

The current and proposed zoning and Comprehensive Plan character area map classification, existing and proposed uses of the property proposed to be reclassified and all zoning and Comprehensive Plan character area map classifications of properties abutting the subject property.

(vii)

If the application requests a change in the official Zoning Map, the applicant shall provide a written statement addressing the standards governing the exercise of zoning in subsection (7)(a) of this section. If the application requests a change in the Comprehensive Plan character area map, the applicant shall provide a written statement addressing the standards for review of Comprehensive Plan character area map amendments in subsection (7)(b) of this section.

(viii)

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

(ix)

If the proposed amendment to the official Zoning Map would meet the thresholds of a development of regional impact (DRI) as described subsection (5) of this section, the applicant shall prepare and submit to the Community Development Director the necessary documentation required by such section.

(3)

Withdrawal of applications. An application for an amendment to the official Zoning Map or Comprehensive Plan character area map may be withdrawn upon a written request by the applicant.

(4)

Procedures for review.

(a)

Pre-application conference. Prior to submission of an application for an amendment to the Comprehensive Plan character area map or official Zoning Map, an application seeking a variance, or an application seeking a special permit, the applicant should schedule a pre-application conference with the Community Development Director. The purpose of this meeting is to acquaint the applicant with the requirements of the UDO and the views and concerns of the County. No decisions on the application or assurances that a particular proposal will be approved shall be made.

(b)

Application acceptance. Within five (5) business days after the established deadline for applications for an amendment to the official Zoning Map or the Comprehensive Plan character area map, the Community Development Director shall determine whether the application is complete. If the Community Development Director determines the application is complete, it will be accepted as filed and processed. If the Community Development Director determines the application is not complete, the application will not be deemed to have been filed, and the Community Development Director shall send a written statement to the applicant (by email or first-class mail) specifying the application's deficiencies. The application shall be returned to the applicant with a refund of fees paid, and the Community Development Director shall take no further action until the completed application is re-submitted for a subsequent application cycle. No application that has been determined as complete shall be amended in a manner that would impact the required advertising, except as provided for in this section.

(c)

Application review. When the Community Development Director determines an application for an amendment to the official Zoning Map or the Comprehensive Plan character area map is complete and has been properly filed, the Community Development Director shall distribute copies of the application for review and comment to representatives from County agencies and departments having jurisdiction over the proposed action.

(d)

Site review. Prior to issuing its findings regarding a proposed amendment, the Community Development Director shall conduct a site review of the property and surrounding area and consult with and/or review comments from the representatives of the appropriate County agencies and departments regarding the impact of the proposed amendment upon public facilities and services.

(e)

Staff analysis and standards of review.

(i)

The Community Development Director shall prepare an analysis of each proposed amendment and shall present its findings in written form to the Board of Zoning Appeals and Planning Commission. Copies of the written findings of the staff shall be made available to the public at the Board of Zoning Appeals and Planning Commission meeting.

(ii)

In preparing the analysis for an amendment to the official Zoning Map, the Community Development Director shall consider and apply the standards in subsection (7)(a) of this section.

(iii)

In preparing the analysis of an amendment to the Comprehensive Plan character area map, the Community Development Director shall consider and apply the standards in subsection (7)(b) of this section.

(iv)

In preparing the analysis of a text amendment, the Community Development Director shall consider and apply the standards in subsection (7)(c) of this section.

(v)

The Community Development Director 's report may make recommendations to include approval, denial, conditions or amendments.

(f)

Public hearing. Following the first read of an ordinance implementing an amendment to the official Zoning Map or an amendment to the Comprehensive Plan character area map or a text amendment, the Board of Zoning Appeals and Planning Commission shall place it on the agenda of a regular meeting for a public hearing in accordance with the requirements of this article.

(g)

Public notices. The public notices and public hearings held by the Board of Zoning Appeals and Planning Commission and Board of Commissioners concerning the application shall be in accordance with the requirements of the Zoning Ordinance.

(h)

Developments of regional impact (DRI). If the proposed amendment would meet the thresholds of a DRI, as described in sec. 12.5, the County shall follow the procedures outlined in said section.

(5)

Notice of public hearings.

(a)

Legal notice. Due notice of public hearings, pursuant to this section, shall be published in a legal organ of Troup County, Georgia or, if no legal organ has been designated as provided by law, in any newspaper of general circulation within Troup County. The notice shall state the date, time, place and purpose of the hearing. If the proposal is to amend the official Zoning Map or the Comprehensive Plan character area map and is initiated by a party other than the Board of Commissioners, the notice shall also contain the location of the property, current Comprehensive Plan character area map designation and zoning district of the property, and the proposed Comprehensive Plan character area map designation and zoning district of the subject property. Notices for variance applications shall include reference to the section of the Zoning Ordinance from which the applicant is seeking a variance.

(b)

Public Notice for Quasi-Judicial Decisions. Quasi-judicial decisions, including rendering decisions on variances, or other similar permits not enumerated as a zoning decision in O.C.G.A. § 36-66-3 shall be noticed in accordance with O.C.G.A. § 36-66-4(g). Public Hearing Notice, as follows:

(i)

Notice of such hearing shall be provided at least 30 days prior to the quasi-judicial hearing, with such notice being made as provided for in these regulations and with additional notice being mailed at least thirty days prior to the hearing to the owner of the property that is the subject of the proposed action.

(ii)

For applications pertaining to quasi-judicial review, a sign or signs shall be posted at least 30 days and no more than 45 days in advance of the public hearing.

(c)

Signs posted. For an application to amend the official Zoning Map or Comprehensive Plan character area map, or a special permit the Community Development Director shall post a sign or signs. Sign(s) shall be double-faced and a minimum of 24 inches x 36 inches in size. For variance, special and conditional use, manufactured home unit (MHU) placement, home occupation signs: Signs shall be white, of durable weather-resistant material such as wood, metal or coroplast a minimum of 18 vertical inches by 24 horizontal inches in size (one and one-half feet by two feet) and with vinyl, painted or screen-printed lettering of a minimum of three inches. Signs shall be posted in a conspicuous place in the public right-of-way fronting the property or on the property for which an application has been submitted. Faces of the sign(s) shall be placed approximately perpendicular to the centerline of the principal abutting road or street. The sign shall state the date, time and place of the public hearing, the name of the applicant, the purpose of the application, the road or street address of the property, the current Comprehensive Plan character area map category and zoning district of the property, the proposed Comprehensive Plan character area map category and zoning district of the property, and the phone number of the Community Development Department. A sign shall not be required for amendments to the text of the Zoning Ordinance, nor for amendments or ordinances initiated by the Board of Commissioners. When the posted sign is for a public hearing being advertised to be held by the Board of Zoning Appeals and Planning Commission, the sign shall be posted at least 30 days but not more than 45 days prior to the date of each required public hearing. When the posted sign is for a public hearing being advertised to be held by the Board of Commissioners, the sign shall be posted at least 15 days but not more than 45 days prior to the date of each required public hearing.

(d)

When a proposed zoning amendment, variance or special permit relates to or will allow the location or relocation of a halfway house, drug rehabilitation center, or other facility for treatment of drug dependency, a public hearing shall be held by the Board of Zoning Appeals and Planning Commission on the proposed action. The hearing required by this subsection shall be held at least six (6) months and not more than nine (9) months prior to the date of final action on the zoning decision and shall be in addition to other public hearings required under this subsection. The Community Development Director shall publish a notice of the time, location and date of such hearing that shall include a prominent statement that the proposed action relates to or will allow the location or relocation of a halfway house, drug rehabilitation center, or other facility for treatment of drug dependency. Such notice shall be given by the following:

(i)

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

(ii)

At least 15 days and not more than 45 days prior to the date of the hearing, the Community Development Director shall publish such notice in a legal organ of Troup County, Georgia or, if no legal organ has been designated as provided by law, in any newspaper of general circulation within Troup County. Such notice shall be at least six (6) column inches in size and shall not be located in the classified advertising section of the newspaper.

(e)

Notwithstanding any other provisions of this article to the contrary, when a proposed zoning decision relates to an amendment of the zoning ordinance to revise one (1) 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:

(i)

The zoning decision shall be adopted at two (2) regular meetings of the local government making the zoning decision, during a period of not less than 21 days apart; and

(ii)

Prior to the first meeting provided for in subparagraph (i) of this paragraph, at least two (2) public hearings shall be held on the proposed action. Such public hearings shall be held at least three (3) months and not more than nine (9) months prior to the date of final action on the zoning decision. Furthermore, at least one (1) 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 (5) 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 (5) 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 newspaper of general circulation within the territorial boundaries of the local government a notice of each hearing at least 15 days and not more than 45 days prior to the date of the hearing.

(3)

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 (9) 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 clerk or the recording officer of the local government and in the office of the clerk of the superior court of the county of the legal situs of the local government 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.

(f)

The provisions of paragraph (d) 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 a 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.

(g)

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

(6)

Troup County Board of Commissioners Public Hearing.

(a)

General Procedures for Public Hearings. At the first meeting of the Board of Commissioners following the Board of Zoning Appeals and Planning Commission meeting where the Board of Zoning Appeals and Planning Commission made its recommendation, there shall be a first reading of the proposed amendment to include the recommendation of the Board of Zoning Appeals and Planning Commission and a public hearing in accordance with the procedures as outlined in this ordinance. The Troup County Board of Commissioners shall consider whether or not further study and consideration of the proposed amendment and recommendation is needed and, if so, shall suspend and continue the public hearing on the matter for such further consideration. If the matter and hearing is continued, there shall be a second and final reading of the proposed amendment and the recommendation of the board of zoning appeals/planning commission and a recommencement of the public hearing before the Board of Commissioners at the next regularly scheduled meeting of the board of commissioners following the first reading of the proposed amendment and the recommendation of the Board of Zoning Appeals and Planning Commission. At the close of the public hearing before the Board of Commissioners after the second and final reading, the board shall immediately convene its business session and consider the recommendation for the zoning change and take action on the proposed amendment. 16.14.1.

(b)

Public Hearings for quasi-judicial decisions. When a public hearing is for rendering decisions in a quasi-judicial manner and not enumerated as a zoning decision, the public hearing must be held in accordance with the notice and hearing requirements contained in O.C.G.A. § 36-66-4.

(7)

Rules of procedure for public hearings.

(a)

Public hearing procedures for the Board of Zoning Appeals and Planning Commission. For each matter concerning an amendment to the Comprehensive Plan character area map, the official Zoning Map, the text of the Zoning Ordinance, or for any matters concerning the issuance of a special permit or a variance or other matter on the agenda that requires a public hearing and a vote of the Board of Zoning Appeals and Planning Commission, the following procedures shall be followed:

(i)

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

(ii)

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

(iii)

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

(iv)

The chair shall provide an opportunity for the applicant and any who support the applicant's petition to speak. The chair shall provide equal opportunity for those who wish to speak in opposition to the applicant's petition. The chair may limit the presentation of those for and against a petition to a reasonable length of time, but not less than 10 minutes per side. If desired, the applicant may reserve a portion of their allotted time for rebuttal and summary comments to be made following presentation of those opposed to the petition.

(v)

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

(vi)

Following the allotted time for proponents and opponents, the chair shall close the public hearing with respect to the subject matter and seek a motion to act upon the petition as provided in subsection (8) of this section or, sec. 12.8 in variance cases.

(b)

Public hearing procedures for the Board of Commissioners. For each matter concerning the amendment of the Comprehensive Plan character area map, the official Zoning Map, text of the Zoning Ordinance or for any matter concerning the issuance of a special permit or other matter on the agenda that requires a public hearing and a vote of the Board of Commissioners, the following procedures shall be followed:

(i)

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

(ii)

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

(iii)

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

(iv)

The chair shall provide an opportunity for the applicant and any who support the applicant's petition to speak. The chair shall provide equal opportunity for those who wish to speak in opposition to the applicant's petition. The chair may limit the presentation of those for and against a petition to a reasonable length of time, but not less than 10 minutes per side. If desired, the applicant may reserve a portion of their allotted time for rebuttal and summary comments to be made following presentation of those opposed to the petition.

(v)

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

(vi)

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

(c)

Continuance of a public hearing. All items on an advertised agenda for a public hearing shall be heard on the scheduled date unless a majority of the members present at the public hearing determine that specific circumstances surrounding the matter warrant the continuance of the hearing on the matter to a specific future date and time. In such instances, the department shall provide public notice of the new time, date, and location of the continued hearing consistent with the notices provided in subsections (5)(a) and (5)(b) of this section.

(7)

(8)

Application review standards.

(a)

Standards governing the exercise of zoning power. In reviewing the application of a proposed amendment to the official Zoning Map, the Board of Commissioners, the Board of Zoning Appeals and Planning Commission, and the Community Development Director shall consider the following standards for recommendations and decisions as applicable:

(i)

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

(ii)

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

(iii)

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

(iv)

Whether the proposed rezoning will result in a use that will or could cause an excessive or burdensome use of existing roads or streets, including the volume and nature of resulting traffic changes, transportation facilities, utilities or schools.

(v)

Whether the proposed rezoning is in conformity with the policies and intent of the Comprehensive Plan.

(vi)

Whether there are other existing or changing conditions affecting the use and development of the property that give supporting grounds for either approval or disapproval of the proposed rezoning.

(vii)

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

(viii)

The feasibility of serving the property with public water and sewer service and the impacts of such on the County infrastructure.

(b)

Standards for review of Comprehensive Plan character area map amendments. When considering an amendment to the Comprehensive Plan character area map, the Board of Commissioners, the Board of Zoning Appeals and Planning Commission, and the Community Development Director shall consider the following standards for recommendations and decisions as applicable:

(i)

Whether a proposed Comprehensive Plan character area map amendment would result in a Comprehensive Plan character area map classification that is more consistent with the text and policies of the Comprehensive Plan than the current classification of the property on the Comprehensive Plan character area map.

(ii)

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

(iii)

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

(iv)

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

(v)

Whether the proposed amendment would reduce dependence on the automobile.

(vi)

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

(vii)

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

(viii)

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

(ix)

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

(c)

Standards for review of proposals for text amendments to the Zoning Ordinance. In reviewing a proposed text amendment to the Zoning Ordinance, the Board of Commissioners, the Board of Zoning Appeals and Planning Commission, and the Community Development Director shall consider the following standards for recommendations and decisions as applicable:

(i)

Whether the proposed text amendment will improve or enhance the administration of the Zoning Ordinance.

(ii)

Whether the proposed text amendment will improve or enhance the procedures and processes of the Zoning Ordinance.

(iii)

Whether the proposed text amendment will permit uses that are suitable for the County or for areas of the County.

(iv)

Whether the proposed text amendment preserves or enhances the quality of life of County residents.

(v)

Whether the proposed text amendment preserves or enhances the economic viability of County businesses.

(vi)

Whether the proposed text amendment is in conformity with the policy and intent of the Comprehensive Plan.

(vii)

Whether the proposed text amendment would result in significant adverse impacts on the natural environment.

(8)

(9)

Action by Board of Zoning Appeals and Planning Commission. In making a recommendation, a proposed amendment to the Comprehensive Plan character area map or to the official Zoning Map, or a text amendment, the Board of Zoning Appeals and Planning Commission shall review and consider the application and materials of record, any recommendations of the Community Development Director and the applicable standards in subsection (7) of this section.

(a)

Recommendation. Immediately following the conclusion of the public hearing regarding a proposed amendment, the Board of Zoning Appeals and Planning Commission shall make a recommendation to the Board of Commissioners to:

(i)

Approve the proposed amendment as requested by the applicant;

(ii)

Approve the proposed amendment with conditions; or

(iii)

Deny the proposed amendment.

(b)

No recommendation. A motion that fails by majority vote of the quorum present shall not be deemed as approval of the opposite position, and a new motion must be made to approve the opposite position. If the Board of Zoning Appeals and Planning Commission fails to make a decision on a recommendation regarding an amendment within 60 days of receipt of the proposed amendment, it shall be deemed to have given a recommendation of "no recommendation" on the proposed amendment.

(9)

(10)

Action by the Board of Commissioners.

(a)

Public hearing. Upon receipt of the recommendation of the Community Development Director and the Board of Zoning Appeals and Planning Commission, the Board of Commissioners shall place the proposed amendment on a public hearing agenda of the Board of Commissioners for a public hearing or hearings, in accordance with the requirements of this article.

(b)

Considerations by the Board of Commissioners. In making a decision on an amendment to the Comprehensive Plan character area map or the official Zoning Map, the Board of Commissioners shall review and consider the application and materials of record, the recommendation of the Community Development Director, any recommendation of the Board of Zoning Appeals and Planning Commission, and the applicable standards in subsection (7) of this section.

(c)

Actions by the Board of Commissioners. At the first public hearing, the Board of Commissioners shall take one (1) of the following actions regarding the proposed amendment:

(i)

Approve the proposed amendment as requested;

(ii)

Approve the proposed amendment with conditions;

(iii)

Deny the proposed amendment; or

(iv)

Refer the matter back to the Board of Zoning Appeals and Planning Commission for reconsideration at its next regularly scheduled or called meeting; if such referral includes a public hearing, the matter shall be re-advertised in accordance with subsections (5)(a) and (5)(b) of this section; or

(v)

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

(d)

Notification and final record of action. Within 10 business days following final action by the Board of Commissioners, written notification shall be mailed to the applicant and property owner. Thereupon the Community Development Director shall record the map amendment on the official Zoning Map or Comprehensive Plan character area map, as appropriate.

(e)

The Board of Commissioners shall have 90 days from the date of the first reading of an ordinance for a special permit within which to take final action.

(Ord. No. 2025-03, 6-3-2025)

(1)

Application. When an amendment for a rezoning, special permit, variance, preliminary plat review or permit includes any proposed development of a use and intensity that meets the definition of a DRI in the most recently published standards of the Three Rivers Regional Commission (TRRC), it shall be deemed to be a DRI. The documents for such rezoning, special permit, variance, preliminary plat review or permit shall include the information required for review of a DRI in accordance with the most recently published procedures of the TRRC.

(2)

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

(3)

Recommendation from TRRC. No final action shall occur on such a rezoning, special permit, variance, preliminary plat review or permit application until a recommendation is received from TRRC regarding the DRI

(Ord. No. 2025-03, 6-3-2025)

(1)

Purpose. The purpose of this section is to provide for uses that are generally compatible with the use characteristics of a zoning district but that require individual review of their location, design, intensity, configuration and public facility impact to determine the appropriateness of the use within a particular site in the district and its compatibility with adjacent uses. A special permit may not be approved in a given zoning district unless it is listed as a special use permit or a special administrative permit for the subject district in sec. 6.1, Table of Permitted and Prohibited Uses.

(2)

Application procedures.

(a)

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

(b)

Applications for special permits shall be for one (1) of the following special permit types: special use permit or special administrative permit.

(c)

Applications for special permits shall be made on forms published and provided by the Community Development Director and shall be filed with the Community Development Department. Applications shall not be considered filed unless complete in all respects and all fees paid.

(d)

Each applicant shall complete all questions and requested materials contained within the required application form, including responses to the criteria in subsection (5) below, and all applicable supplemental regulations in article VII.

(e)

Application fees. Application fees shall be as established by the Board of Commissioners.

(3)

Staff analysis, findings of fact, and recommendations.

(a)

County staff shall conduct a site inspection and shall prepare any analysis of each application for special permit summarizing its findings and recommendations in written form.

(b)

Staff review and any recommendations on each application for special permit shall be based on the criteria contained in subsection (5) of this section and in addition, where applicable to the use proposed, to the applicable supplemental regulations contained in article VII.

(4)

Time limits of special permits.

(a)

Time limits for the duration of each special permit may be further specified as part of the special permit approval.

(b)

Subject to any limit in duration, the special permit shall become an integral part of the zoning applied to the subject property and shall be extended to all subsequent owners and interpreted and continually enforced by the Community Development Director in the same manner as any other provision of the UDO, subject to the limitations provided in subsection (7) of this section.

(5)

Special permit criteria to be applied. The following criteria shall be applied by the Community Development Director, the Board of Zoning Appeals and Planning Commission, and the Board of Commissioners in evaluating and deciding any application for a special permit. No application for a special permit shall be granted unless satisfactory provisions and arrangements have been made concerning each of the following criteria, all of which are applicable to each application:

(a)

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

(b)

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

(c)

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

(d)

Consistency with the County's water and sewer systems, including the feasibility and impacts of serving the property with public infrastructure.

(e)

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

(f)

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

(g)

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

(h)

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

(6)

Development of an approved special permit. The issuance of a special 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.

(7)

Expiration of a special permit. Unless a building permit or other required approvals is secured within 12 months, and construction subsequently undertaken pursuant to such building permit, the special permit shall expire automatically unless the permit is extended in accordance with subsection (8) of this section.

(8)

Time extension of a special permit. The time limitations imposed on special permits by subsection (4) and expiration date established pursuant to subsection (7) of this section may be extended, upon written request by the applicant and approval of the special use permit time extension by the Board of Commissioners and the approval of the special administrative permit time extension by the Community Development Director.

(Ord. No. 2025-03, 6-3-2025)

(1)

Authority. The Board of Commissioners may, in accordance with the procedures, standards and limitations of this article, take final action on applications for special use permits for those uses listed as authorized by special use permit in each of the zoning districts in sec. 6.1, Table of Permitted and Prohibited Uses.

(2)

Applications. Applications for a special use permit shall be submitted on a form available from the Community Development Director and shall not be accepted until it is determined by the Community Development Director to be complete and all fees paid. Following the acceptance of a completed application, the Community Development Director shall present an ordinance implementing such request to the Development Review Committee for review. The Development Review Committee will forward all recommendations to the Board of Zoning Appeals and Planning Commission for review and recommendation. The Board of Zoning Appeals and Planning Commission shall then refer the application to the Board of Commissioners for a first reading.

(3)

Public hearings required. Before deciding on any special use permit pursuant to the requirements set forth in this section, the Board of Commissioners shall provide for public notice and a public hearing thereon. No application shall be decided by the Board of Commissioners unless it has first been submitted to the Board of Zoning Appeals and Planning Commission for public hearing and recommendation pursuant to the requirements of this section.

(4)

Notice of public hearings. Notice of public hearing on any proposed application for a special use permit shall be provided as is required in sec. 12.4 of this article and shall, in addition to the information required in subsection 12.4(4), indicate the special use requested for the subject property.

(5)

Withdrawal of application. An application for a special use permit may be withdrawn upon a written request by the applicant.

(6)

Action by the Board of Zoning Appeals and Planning Commission.

(a)

The secretary shall provide the members of the Board of Zoning Appeals and Planning Commission complete information and file materials on each proposed application for a special use permit, and the written report and any recommendations of the Community Development Director applying the required criteria in sec. 12.6(5) and the supplemental regulations of article VII, where applicable, to each application.

(b)

After public notice as required in subsection (3) of this section, the Board of Zoning Appeals and Planning Commission shall conduct a public hearing in a manner consistent with sec. 12.4(6) of this article. Prior to initiating a motion regarding its recommendation to the Board of Commissioners, the Board of Zoning Appeals and Planning Commission shall review and consider each of the criteria contained in sec. 12.6(5) of this article, and the supplemental regulations contained in article VII, where applicable to the proposed use.

(c)

The Board of Zoning Appeals and Planning Commission recommendation on each application shall be based on a determination as to whether or not the applicant has met the criteria contained in sec. 12.6(5), the supplemental regulations contained in article VII, where applicable to the proposed use, and the requirements of the Comprehensive Plan character area and zoning district in which such use is proposed to be located.

(d)

The Board of Zoning Appeals and Planning Commission may recommend the imposition of conditions based upon the facts in a particular case in accordance with sec. 12.13.

(e)

The Board of Zoning Appeals and Planning Commission may recommend approval of the special use permit application, approval of the application with conditions, or denial of the application. Failure to achieve a majority vote shall result in no recommendation to the Board of Commissioners on the matter.

(f)

The Board of Planning and Zoning Appeals shall have 60 days from the date of receipt of a special use permit application from the Director within which to file its report and recommendation with the Board of Commissioners. If the Board of Planning and Zoning Appeals shall fail to file such report and recommendation within the 60-day period, it shall be deemed to have given a recommendation of "no recommendation" on the proposed amendment.

(7)

Action by the Board of Commissioners.

(a)

The secretary shall provide the Board of Commissioners all information regarding decisions from the Board of Zoning Appeals and Planning Commission on each proposed application for special use permit, including a copy of the application and all supporting materials and the written report and recommendation of the Community Development Director applying the required criteria in section 12.6(5) and the supplemental regulations of article VII, where applicable, to each application.

(b)

After a second reading and public notice as required in subsection (3) of this section, the Board of Commissioners shall conduct a public hearing in a manner consistent with section 12.4(6) of this chapter. The Board of Commissioners shall review and consider each of the criteria contained in Section 12.6(5) of this chapter, and the supplemental regulations contained in article VII, where applicable to the proposed use.

(c)

The decision of the Board of Commissioners on each application for special use permit shall be based on a discretionary determination as to whether or not the applicant has met the criteria contained in sec. 12.6(5), the supplemental use standards contained in article VII where applicable to the use proposed, the consistency of the application with the Comprehensive Plan, the requirements of the zoning district in which such use is proposed to be located, and whether additional conditions could be imposed which would help ensure the compatibility of the proposed use with the surrounding properties. The Board of Commissioners may impose conditions based upon the facts in a particular case in accordance with sec. 12.13.

(d)

The Board of Commissioners, after conducting the public hearing with public notice required by this section, shall take one (1) of the following actions:

(i)

Vote to approve the application.

(ii)

Vote to approve the application with conditions.

(iii)

Vote to deny the application.

(iv)

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

(v)

Vote to refer the matter back to the Board of Zoning Appeals and Planning Commission for reconsideration at their next regularly scheduled meeting or special called meeting. If such referral includes a public hearing, the matter shall be re-advertised in accordance with sections 12.4(5)(a) and (5)(b).

(Ord. No. 2025-03, 6-3-2025)

(1)

Authority. Unless otherwise provided for in the Zoning Ordinance, the Board of Zoning Appeals and Planning Commission shall have the authority to grant variances from the dimensional requirements of the Zoning Ordinance, per the standards and procedures as set forth in this section.

(2)

Purpose. The purpose of a variance is to provide a mechanism when, owing to special conditions, the strict application of the Zoning Ordinance would impose on a landowner exceptional and undue hardship.

(3)

Initiation. A written petition for a variance may be initiated by the owner(s) of the subject property or the authorized agent(s) of the owner(s) of the property for which relief is sought. Applications shall be filed on forms provided by the Community Development Director and shall not be considered complete unless all required information is provided. Non-refundable application fees shall be established from time to time by the County to defray the actual cost of processing the application.

(4)

Application procedures. The application shall contain the following information and documentation:

(a)

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

(b)

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

(c)

The size of the subject property.

(d)

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

(e)

The specific provision of the Zoning Ordinance from which a variance is requested.

(f)

A statement concerning each of the Standards for granting variances in subsection (8) of this section.

(g)

A statement explaining how the proposed variance is consistent with the general spirit and intent of the Zoning Ordinance and the Comprehensive Plan.

(5)

Staff report. The Community Development Director shall conduct a site inspection and shall prepare an analysis of each application for variance applying the criteria and standards set forth in subsection (8) of this section. The staff report shall be presented in written form to the Board of Zoning Appeals and Planning Commission at the scheduled hearing date.

(6)

Public notice procedures. The public notice procedures for a variance application shall be in conformance with Section 12.4(5).

(7)

Public hearing procedures. The public hearing procedures for a variance application shall be in conformance with Section 12.4(6)(a). The chair, or in their absence, the vice chair, may administer oaths and compel attendance of witnesses by subpoena.

(8)

Standards for granting variances.

(a)

Granting variances. The Board of Zoning Appeals and Planning Commission shall not grant a variance unless it has, in each case, made specific findings of fact based directly upon the particular evidence presented supporting written conclusions that the variance meets each of the following criteria:

(i)

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

(ii)

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

(iii)

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

(iv)

The condition is created by the regulations of the Zoning Ordinance and not by an action or actions of the property owner or the applicant.

(v)

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

(vi)

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

(vii)

The variance desired will not be opposed to the general spirit and intent of the Zoning Ordinance or the purpose and intent of the Comprehensive Plan.

(b)

No variance shall be authorized to:

(i)

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

(ii)

Allow an increase in maximum height of building.

(iii)

Allow an increase in the degree of roof pitch required.

(iv)

Conflict with or change any requirement enacted as a condition of zoning or of a special use permit authorized by the Board of Commissioners.

(v)

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

(vi)

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

(vii)

Permit the expansion or enlargement of any nonconforming situation or nonconforming use requiring a special use permit.

(viii)

Permit the re-establishment of any non-conforming situation or nonconforming use requiring a special use permit where such use has lapsed.

(c)

Ability to impose conditions. The Board of Zoning Appeals and Planning Commission may attach reasonable conditions to a variance when necessary to prevent or minimize adverse impacts upon surrounding property or the environment.

(9)

Final decisions. The Board of Zoning Appeals and Planning Commission shall make a final decision on variance requests in accordance with the procedures and standards set forth in this section. Final decisions shall be made immediately following the conclusion of the public hearing or, if deferred, no more than 45 days from the date of the initial public hearing.

(10)

Successive applications. An application for a variance affecting all or a portion of the same property that was denied by the Board of Zoning Appeals and Planning Commission shall not be accepted sooner than 6 months after the date of final decision by the Board of Zoning Appeals and Planning Commission.

(Ord. No. 2025-03, 6-3-2025)

(1)

Procedures.

(a)

Eligibility for appeal. Appeals to the Board of Zoning Appeals and Planning Commission may be initiated by any aggrieved person, or by a department, official, agency or board of the County affected by any decision, final order, requirement, determination or interpretation of any administrative official of the County, with respect to the provisions of the Zoning Ordinance. These appeals shall be taken by filing a written notice of appeal with the secretary of the Board of Zoning Appeals and Planning Commission, specifying the grounds thereof, within a reasonable time after the action being appealed was taken, as provided by the board's rules. A failure to act shall not be construed to be an order, requirement or decision within the meaning of this paragraph.

(b)

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

(i)

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

(ii)

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

(c)

Transmission of records. The Community Development Director shall transmit to the Board of Zoning Appeals and Planning Commission all documents, digital information, or other matters constituting the record upon which the action being appealed was taken. The application shall be accompanied by a fee, as established from time to time by the Board of Commissioners, to defray the actual cost of processing the application.

(2)

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

(3)

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

(Ord. No. 2025-03, 6-3-2025)

Appeals of all final decisions of the Board of Zoning Appeals and Planning Commission under the provisions of this article shall be as follows:

(1)

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

(2)

Notice to the board. In any such petition filed, the secretary of the Board of Zoning Appeals and Planning Commission shall be authorized to acknowledge service of a copy of the petition and writ for the Board of Zoning Appeals and Planning Commission. Service upon the County as defendant shall be as otherwise provided by law. Within the time prescribed by law, the Board of Zoning Appeals and Planning Commission shall cause to be filed with the Troup County Superior Court a duly certified record of the proceedings before the planning and zoning adjustment, including a transcript or detailed minutes of the evidence heard before it, and the decision of the Board of Zoning Appeals and Planning Commission.

(Ord. No. 2025-03, 6-3-2025)

(1)

Requirements. The standards and requirements of the Zoning Ordinance and decisions made by public officials are presumed to be valid. It shall be the responsibility of an applicant seeking relief to assume the burden of proof and rebut this presumption by presenting sufficient facts and evidence to meet all required standards of review.

(2)

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

(Ord. No. 2025-03, 6-3-2025)

(1)

Authority. Applications for authorized administrative variances may be submitted to the Community Development Director, who shall make final decisions on such applications in accordance with this section.

Specified administrative variances. Applications for administrative variances shall be established for the following provisions:

(a)

Minimum building setbacks. Not to exceed a reduction in the minimum setback required by ten percent, except the front setback may be reduced or waived if the parking (for commercial properties) is located in the side or rear yards.

(b)

Maximum building height. Not to exceed an additional four feet above the maximum allowed.

(c)

Minimum appearance standard for single-family dwellings. Roof pitch—No less than three-twelfths, minimum width—No less than 20 feet, minimum floor area—No less than ten percent of a minimum of 1,000 square feet.

(d)

Automobile parking requirements. Not to exceed a change by more than ten percent in the number of spaces required or allowed, shared parking, or the proximity of spaces to the use served.

(e)

Signage. Up to ten percent of the dimensional restrictions of the sign regulations article.

(f)

Accessory buildings. Accessory Buildings may be located within the front yard setbacks if located on a parcel five acres or greater, and the accessory unit must be at least 200 feet LF from all property lines, and a determination can be made that the placement will not have a detrimental effect on the adjacent properties.

(2)

Application procedures.

(a)

Form. An application shall be submitted on a form provided by the Community Development Director.

(b)

Fees. An application fee shall accompany the application, as established from time to time by the Board of Commissioners, to defray the actual cost of processing the application.

(c)

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

(i)

Name and address of the applicant.

(ii)

Legal description of the subject property. For purposes of this requirement, a legal description shall at a minimum identify the approximate area and Troup County Land District and Land Lot. A survey by a Georgia registered land surveyor depicting the property shall satisfy the requirements of subsection (3)(i) and (ii) of this section.

(iii)

Size of the subject property.

(iv)

A statement of the hardship imposed on the applicant by the Zoning Ordinance and a statement demonstrating 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.

(v)

The Community Development Director may require written documentation that all abutting property owners have been notified.

(vi)

Should the Community Development Director determine that a site plan is necessary to adequately review the administrative variance, said plan shall be drawn to scale, showing property lines with dimensions, and any improvements, structures and buildings. Should the Community Development Director determine that a plat is necessary to adequately review the administrative variance, said plat shall be prepared by an architect, engineer, landscape architect or land surveyor whose state registration is current and valid, with the preparer's signature and seal affixed to the plat.

(vii)

Any other pertinent information as requested by the Community Development Director.

(d)

Within 15 business days after an application has been determined to be complete, the Community Development Director shall either grant the administrative variance, grant the administrative variance with conditions, or deny the administrative variance with reasons clearly stated in accordance with the standards set forth in subsection (5) of this section. The Community Development Director may impose such requirements and conditions with respect to the location, construction, maintenance and operation of any use or building, in addition to those expressly set forth in this Zoning Ordinance, as may be deemed necessary for the protection of adjacent properties or the environment.

(3)

Expiration. An administrative variance shall automatically expire one (1) calendar year from the date of approval, unless the proposed use or development has begun in utilization of the administrative variance allowance.

(4)

Standards for issuance of administrative variances. In deciding whether to grant an application for an administrative variance, the Community Development Director shall consider all of the applicable standards provided in sec. 12.8(8). Approval of an administrative variance shall require demonstration of a hardship, in compliance with all said criteria.

(5)

Appeals of decisions to the Board of Zoning Appeals and Planning Commission. The final decision of the Community Development Director made pursuant to the provisions of this section may be appealed to the Board of Zoning Appeals and Planning Commission pursuant to sec. 12.9. Decisions made by the Board of Zoning Appeals and Planning Commission shall be final. Appeals of decisions made by the Board of Zoning Appeals and Planning Commission shall be pursuant to sec. 12.10.

(6)

Reporting to the Board of Zoning Appeals and Planning Commission. The Community Development Director shall report to the Board of Zoning Appeals and Planning Commission all decisions on administrative variances at regular board meetings.

(Ord. No. 2025-03, 6-3-2025)

(1)

Conditions of approval. The Board of Zoning Appeals and Planning Commission and the Community Development Director may recommend, and the Board of Commissioners may impose, reasonable conditions upon the approval of any amendment to the Comprehensive Plan character area map, official Zoning Map or approval of a special use permit that it finds necessary to ensure compliance with the intent of the Comprehensive Plan or Zoning Ordinance. Such conditions may also be imposed by the Board of Zoning Appeals and Planning Commission for variances. Such conditions may be used when necessary to prevent or minimize adverse impacts upon property or the environment. For example, conditions may include but shall not be limited to the following:

(a)

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

(b)

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

(c)

Greenspace and open space conservation.

(d)

Driveway curb cut limitations.

(e)

Restrictions on land uses or activities that are permitted.

(f)

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

(g)

The provision of adequate ingress and egress.

(h)

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

(i)

Building height, massing, or compatible architectural design features.

(j)

Hours of operation.

(k)

The duration of a special use.

(l)

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

(m)

Other conditions that the Board of Commissioners finds are necessary as a condition of approval of an amendment to the Comprehensive Plan character area map, official Zoning Map, or special use permit.

(2)

Such conditions, limitations or requirements shall be:

(a)

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

(b)

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

(c)

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

(i)

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

(ii)

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

(3)

Alterations to conditions of approval.

(a)

Alterations or repeal of conditions attached to any amendment to the Comprehensive Plan character area map, official Zoning Map, or approval of a special permit shall be made only by the Board of Commissioners following a duly advertised public hearing conducted in accordance with sec. 12.4(4) of this article. Notice shall be provided in accordance with sec. 12.4(5).

(b)

Alterations or repeal of conditions attached to a variance granted by the Board of Zoning Appeals and Planning Commission shall be made only by the Board of Zoning Appeals and Planning Commission following a duly advertised public hearing conducted pursuant to procedures provided in subsection 12.9(2) of this article. Notice shall be provided in accordance with subsection 12.4(5).

(Ord. No. 2025-03, 6-3-2025)

Members of the Board of Zoning Appeals and Planning Commission and the Board of Commissioners shall comply with the requirements of O.C.G.A. 36-67A-1., et seq., as amended.

(Ord. No. 2025-03, 6-3-2025)

It is the duty of all applicants and opponents of rezoning actions who have made campaign contributions aggregating $250.00 or more to a member of the Board of Zoning Appeals and Planning Commission or Board of Commissioners within two (2) years prior to the applicant's application for the rezoning action, to comply with the requirements of O.C.G.A. § 36-67A-1, et seq., as amended.

(Ord. No. 2025-03, 6-3-2025)

All such appeals or challenges to zoning decisions of the Board of Commissioners shall be brought within 30 days of the date of action by the Board of Commissioners. The petition for review shall be filed with the Troup County Superior Court within 30 days of the date of the decision in accordance with O.C.G.A. § 36-66-5.1. Appeals to zoning decisions of the Board of Commissioners are subject to de novo review as provided in Title 5 of the Official Code of Georgia Annotated.

Zoning Decisions. Zoning Decision means final legislative action by a local government which results in:

(a)

The adoption or repeal of a zoning ordinance;

(b)

The adoption of an amendment to a zoning ordinance which changes the text of the zoning ordinance;

(c)

The adoption or denial of an amendment to a zoning ordinance to rezone property from one zoning classification to another.

(d)

The adoption or denial of an amendment to a zoning ordinance by a municipal local government to zone property to be annexed into the municipality;

(e)

The grant or denial of a permit relating to a special use of property (including a conditional use);

(f)

The grant or denial of a variance or conditions concurrent with an amendment to a zoning ordinance or a special use of property or as provided in Section 16.6-5.

(Ord. No. 2025-03, 6-3-2025)

(a)

Designation of Officer. The county officer who shall have the authority, without additional board or agency action, to approve or issue any form or certificate necessary to perfect the petition described in Title 5 of the Official Code of Georgia Annotated, for review of lower judicatory bodies or agencies referenced in these regulations and upon whom service of such petition may be effected or accepted on behalf of lower judicatory boards during normal business hours, at the regular offices of the County of Troup shall be the County Clerk, who shall also serve as the official who shall have authority to accept service and upon whom service of an appeal of a quasi-judicial decision may be effected or accepted on behalf of the local governing authority, during normal business hours, at the regular offices of the local government.

(b)

Stay of Action. An appeal or challenge by an opponent filed pursuant to these regulations shall stay all legal proceedings in furtherance of the action appealed from or challenged, unless the officer or board from which or from whom the appeal or challenge is taken 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 or the quasi-judicial decision shall be a necessary party and shall be named as a defendant in the action and served in accordance with the requirements of Title 5 or Title 9 of the Official Code of Georgia Annotated, as appropriate.

(Ord. No. 2025-03, 6-3-2025)