This ordinance shall be administered by the Zoning Administrator of Troup County, in cooperation with the Board of Zoning Appeals/Planning Commission and the Board of Commissioners of Troup County, Georgia.

(Ord. No. 2017-13, § I(Exh. A), 2-7-2017)

The Zoning Administrator of Troup County, Georgia.

16.2-1 Duties and Authority: The zoning administrator or person as designated shall administer the provisions of the zoning ordinance, and shall:

a.

Serve as administrative secretary to the planning commission.

b.

Maintain public records concerning the administration of the zoning ordinance, including all maps, amendments, special uses, conditional uses, variances, and records of public hearings.

c.

Collect data and keep informed as to the best zoning practices in order to be qualified to make recommendations to the board of zoning appeals/planning commission.

d.

The Zoning Administrator or his/her designee shall receive all applications, petitions, or other requests to the BOZA/PC from a citizen or an interested party in writing and signed by the applicant or agent of the applicant with supporting documentation. All information submitted by the applicant, applicant's authorized representative, or any other person in support or opposition of the proposed application, shall be provided to the Zoning Administrator or his/her designee and shall not be tendered directly to members of the BOZA/PC. All information submitted will be disseminated to the BOZA/PC and one copy shall be retained by the Zoning Administrator as part of the permanent record.

e.

The zoning administrator or his/her designee shall conduct all correspondence of the board of zoning appeals/planning commission; keep a minutes' book recording attendance, the vote of each member upon each question, or if absent, the failure to vote, indicating such fact; keep records of examination and hearing and other official action; and shall carry out such other official duties as may be assigned by the board of zoning appeals/planning commission.

f.

Undertake other relevant duties as may be delegated by the Troup County Manager.

(Ord. No. 2017-13, § I(Exh. A), 2-7-2017)

The Building Official or authorized agent of Troup County, Georgia.

16.3-1 Duties and Authority: The building official or authorized agent shall enforce the provisions of the zoning ordinance.

a.

Issue certificates of zoning compliance for all permitted uses, special uses, and variances which are granted by the board of zoning appeals/planning commission or Troup County Board of Commissioners.

b.

Maintain public records of certificates of zoning compliance.

(Ord. No. 2017-13, § I(Exh. A), 2-7-2017)

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.

16.4-1 Membership.

a.

Appointment. The board of zoning appeals/planning commission shall consist of seven members. Members shall be appointed by the Troup County Board of Commissioners for initial terms of up to four years and may be reappointed to successive terms of four years. Any vacancies in the membership shall be filled for the unexpired term by the Troup County Board of Commissioners. Members shall serve without pay but may be reimbursed for any expenses incurred while representing the board. The seven members appointed shall be residents and citizens of Troup County.

b.

Removal from Position. Members are expected to attend all scheduled and called meetings of the Board of Zoning Appeals/Planning Commission, within reason, and shall accrue no more than three consecutive absences to scheduled meetings. Members serve at the pleasure of the Troup County Board of Commissioners and may be removed at any time with or without cause.

c.

Unexpired Position Replacement. The Zoning Administrator shall inform the Chairperson of the Board of Zoning Appeals/Planning Commission and the Troup County Board of Commissioners by and through the Troup County Manager of any vacancy as promptly as possible.

16.4-2 Organization.

a.

Officers and Election of Officers. The officers of the Board of Zoning Appeals/Planning Commission shall be a Chairperson, a Vice-Chairperson and a Secretary, who shall be the Zoning Administrator. Officers of the Board, other than the Secretary, shall be elected for two year terms at the Regular meeting of the BOZA/PC 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 his/her office, an election to replace the position shall be placed on the following month's agenda.

b.

Duties of the Chairperson. The Chairperson shall call to order all hearings and meetings of the BOZA/PC, preside at all hearings and meetings, assure proper order of the BOZA/PC and the public during all proceedings, sign any official documents on behalf of the BOZA/PC, and act as spokesperson for the BOZA/PC. The Chairperson, or a designee from the Board, also sits on the committee to review Development Rating points for Major Subdivisions.

c.

Vice-Chairman. The Vice-Chairperson shall exercise all duties of the chairperson in the absence, disability or disqualification of the chairperson. Should the Chairperson's position become vacant for any reason, the Vice-Chairman shall serve as the interim Chairman until a successor has been elected by the BOZA/PC.

d.

Secretary. The Zoning Administrator shall act as the Secretary of the Board and be responsible for the preparation of meeting agendas, minutes of meetings, and maintenance of the BOZA/PC files and records. This position is also responsible for complying with the Open Meetings Law and Open Records Law.

e.

Chairperson Pro Tempore. In the case that both the Chairperson and the Vice-Chairperson are absent or recused from a hearing or meeting, the remainder of the sitting BOZA/PC 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 Chairperson and the Vice-Chairperson.

16.4-3 Meetings.

a.

Regular Meetings. Regular Meetings of the Board of Zoning Appeals/Planning Commission shall be held the third Thursday of every month in the Troup County Commission meeting room at 10:00 a.m. These meetings are scheduled on a yearly calendar with a minimum of one schedule meeting per month. The annual schedule is posted at the regular meeting place and on the Troup County website. If any Regular Meeting is rescheduled or cancelled, public notice of such rescheduled meeting shall be provided as required by law. Meetings may be cancelled or rescheduled due to lack of business or knowledge of inability to have a quorum. Regular Meetings are open to the public and are meetings during which the BOZA/PC deliberates and may take substantive votes on specific items. Public Hearings shall only be held during regular meetings.

b.

Special Meetings. Special Meetings of the BOZA/PC may be held at the call of the Chairperson provided at least twenty-four hours' notice of such meeting is given. The meeting shall be open to the public; however, there shall be no opportunity for public comment unless a specific question is asked by a member of the BOZA/PC. The Department of Building, Zoning and Planning shall advertise said meeting on the Troup County website and place the notice on the 1st floor of the Troup County Government Center. The Department will notify the media in accord with the requirements of the Open Meetings Act. Special meetings shall be presided over by the Chairperson. Special Meetings are those that are held that were not listed on the official schedule. Said meetings shall be for special purposes only.

c.

Agenda. The Department of Building, Zoning and Planning shall prepare and post an agenda as required by the Open Meetings Act. All matters to be considered by the BOZA/PC shall appear on the posted agenda, except that upon a majority vote of the BOZA/PC non-agenda items may be added for consideration when such matters are time sensitive. A majority vote of the BOZA/PC may also change the order of the posted agenda.

d.

Quorum. No business shall be conducted by the BOZA/PC unless a quorum is attained. A quorum is five members of the BOZA/PC. The Chairperson shall be responsible for enforcing this rule and any member may raise a point of order at any time if he or she believes that a quorum is not present. If a BOZA/PC member leaves during the course of a meeting so that a quorum no longer exists, the meeting may not continue. If a quorum is not attained or re-attained within thirty (30) minutes, the meeting may be rescheduled by the Chairperson with the approval of the members present.

e.

Records. Minutes of the proceedings shall be kept, showing the vote of each member on every question. If any member is absent or fails to vote, the minutes shall so indicate. Minutes of the proceedings and records of the official action of the board of zoning appeals/planning commission shall be filed in the office of the zoning administrator and shall be a part of the public records of Troup County.

16.4-4 Duties and Authority. The Duties and Authority of the Board of Zoning Appeals/Planning Commission shall include the power to:

a.

Hear and decide questions from any person, who alleges there is an error in, or who is aggrieved by a decision of the zoning administrator in the administration, enforcement, and/or interpretation of this code. A person may file an appeal with the building inspection, zoning and planning office within 30 days of the decision stating the grounds for such appeal. The board of zoning appeals/planning commission is hereby authorized to hear and decide said appeals, after proper application, public hearing and presentation of relevant findings of fact. A written decision to the applicant will be recorded and mailed to the applicant within 30 days of the board's decision.

b.

Authorize upon appeal in specific cases, variances from the terms of this ordinance where a hardship or special exception variance as defined in this ordinance exists.

c.

Make recommendations to the Troup County Board of Commissioners on special uses, placement of manufactured home units (MHU) and home occupations, except those that the zoning ordinance provides for administrative approval.

d.

Make recommendations to the Troup County Board of Commissioners regarding map and text amendments to the Troup County Zoning Ordinance.

e.

Make recommendations to the Troup County Board of Commissioners for review and approval of developments in the single-family medium density, lakeside residential and PUD zoning districts.

f.

Periodically review and make recommendations for amendments to the Troup County Comprehensive Plan or zoning ordinance and/or map in order to keep the plan and zoning ordinance consistent with changing conditions in Troup County.

g.

Review and approve preliminary plats for major subdivisions.

h.

Review and approve QDC site plans and variances.

(Ord. No. 2017-13, § I(Exh. A), 2-7-2017; Ord. No. 2019-01, § I, 7-3-2018; Ord. No. 2022-01, § I, 2-15-2022; Ord. No. 2023-06, § I, 6-20-2023)

a.

Conflicts of Interest. A BOZA/PC member shall have a conflict of interest if said member or his/her 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 BOZA/PC 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 BOZA/PC. 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 BOZA/PC member shall vote or participate on 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.

b.

Conflict of Interest Affidavit. Each member of the BOZA/PC shall sign the Conflict of Interest Affidavit form for each zoning application that is acted upon by the BOZA/PC, if a conflict does exist.

c.

Outside Material. No BOZA/PC member shall discuss any matter pending before the BOZA/PC 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 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 BOZA/PC member at the public hearing on the item in question.

d.

Responsibility to Remain Impartial. Members of the BOZA/PC shall not decide or announce how they will vote prior to the conclusion of public hearing of any matter and shall otherwise avoid the appearance of premature decision making on any matter before the BOZA/PC.

e.

BOZA/PC Member as Applicant. Nothing herein shall prevent a member of the BOZA/PC from presenting a matter to the BOZA/PC where such member is the applicant so long as such status is disclosed by the member prior to the presentation. Such member shall abstain from discussions and voting on such matter 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. 2017-13, § I(Exh. A), 2-7-2017)

A deviation or modification of the strict terms of the zoning ordinance granted by the board of zoning appeals/planning commission. There are two types of variances that may be applied for by owners or agents of owners on a particular lot or parcel. The process for approval is the same for both, but each has a specific application form and fee that must be completed prior to being placed on the BOZA/PC agenda.

16.6-1 Application and Process. A property owner or his authorized agent may initiate a request for variance by filing an application with the zoning administrator. The application shall be accompanied by a site plan, drawn to scale, showing the dimensions and arrangement of the proposed development. The zoning administrator may require other drawings or materials essential to an understanding of the proposed use and variance requested and its relationship to the surrounding properties. The variance application shall be considered complete when the zoning administrator deems the application complete and the fee has been paid. The application shall be submitted and accepted within the timeframe established by the building and inspection office and according to the fee as posted in the building inspection, zoning and planning offices.

16.6-2 Conditions and Standards for Granting a Hardship Variance. The board of zoning appeals/planning commission, in cases where specifically authorized, may grant a hardship variance only after the determination that all of the following conditions exist and criteria met:

a.

There are unusual, exceptional or extraordinary circumstances or conditions applying to the property that do not apply generally to other property in the same vicinity or use district, and such conditions are not the result of the owner's or occupant's own actions. Such conditions may include topography, unique natural conditions, surroundings of the subject property, or the size or peculiar shape of the lot.

b.

As a result of such unusual circumstance or conditions, there is an unnecessary hardship or practical difficulty that renders it difficult or impossible to carry out the provisions of this code.

c.

The authorization of such variance will not be materially detrimental to the public welfare or injurious to surrounding property or district in which property is located, and the variance will be in harmony with the general purposes and intent of the provisions of this code.

d.

Compliance with one section of the ordinance would violate another section of the ordinance.

e.

The variance approved will make possible the legal use of the land, building or structure.

f.

An approved variance request does not permit a use of land, building or structure that is not permitted by right in the zoning district where the proposed development is located.

16.6-3 Standards for Special Exception Variance Approval. A special exception variance may be granted by the board of zoning appeals/planning board upon a finding that the relief, if granted:

a.

Would not cause substantial detriment to the public good; and

b.

Would not be injurious to the use and enjoyment of the environment or of other property in the immediate vicinity; and

c.

Would not diminish and impair property values within the surrounding neighborhood; and

d.

Would not impair the purpose and intent of this Zoning Ordinance.

16.6-4 Limitations on Relief of Special Exception Variances. Special exception variances shall be limited to relief from the following requirements of this zoning ordinance:

a.

Minimum building setbacks.

b.

Maximum building height.

c.

Minimum lot width.

d.

Minimum appearance standards for single-family dwellings.

e.

Public or private street frontage.

f.

Automobile parking requirements.

g.

Zoning buffers and screening.

h.

Signage.

16.6-5 Administrative Approval.

a.

Special exception variances shall be considered by the board of zoning appeals/planning commission unless the variance is approved administratively. Only those variances listed in this subsection, below, and within the parameters stated, may be considered for administrative approval. Administrative approval requires agreement by all staff members listed below, otherwise application defers to board of zoning appeals/planning commission.

b.

The zoning administrator, upon a finding that a special exception variance meets the standards for approval contained in this section, and upon the recommended approval of the Troup County Planner, Troup County Engineer and Troup County Building Official may administratively approve such special exception variance within and not exceeding the following parameters:

(1)

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.

(2)

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

(3)

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 minimum 1,000 square feet.

(4)

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.

(5)

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

(6)

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.

16.6-6 Restriction on Re-Filing a Special Exception Variance if Denied. If denied, an appeal for a special exception variance affecting the same property shall not be reconsidered for a period of six months from the date of denial; provided, however, that the board of zoning appeals/planning commission may reduce the waiting period under extenuating circumstances or on its own motion.

16.6-7 Limitations on Special Exception Variance Approval. In no case shall a special exception variance be granted from the conditions of approval imposed on a property through a zoning change granted by the board of commissioners.

16.6-8 Staff Report. The zoning administrator shall make an investigation of all variance applications and shall prepare a report, considering applicable criteria. The investigation shall be submitted to the board of zoning appeals/planning commission. The investigation shall also be made available to the applicant prior to any public hearing scheduled on the matter. The applicant shall be notified of the availability of report by the zoning administrator.

16.6-9 Action. The board of zoning appeals shall make findings and render a decision as soon as possible after the hearing. The approval or disapproval of a variance request may be published the day of the hearing or the board may take up to 30 days to make a final decision. If no findings are published within 30 days the variance shall be considered approved.

16.6-10 Appeals. Appeals from administrative decisions of the board of zoning appeals/planning commission shall be taken to Superior Court of Troup County, Georgia by writ of certiorari.

(Ord. No. 2017-13, § I(Exh. A), 2-7-2017; Ord. No. 2023-02, § I, 10-18-2022)

Applications to amend this ordinance may be in the form of proposals to amend the text, or proposals to amend the official zoning map(s). An application to amend the text of the zoning ordinance may be initiated by the zoning administrator or be submitted to the board of zoning appeals/planning commission by the Troup County Commission or any individual property owner. An application to amend the official zoning map(s) may be initiated by an individual property owner or his agent, the zoning administrator, or be submitted to the board of zoning appeals/planning commission by the Troup County Commission. Unless initiated by the Troup County Commission or the zoning administrator, all applications to amend the official zoning map(s) must be submitted by the owner of the property or authorized agent (authorized agent shall present a statement in writing from the property owner giving the agent authority to act on his/her behalf or a valid sales contract may be added to the application and serve as authorization for the buyer to act as authorized agent of the property owner) and shall be accompanied by an appropriate fee as posted in the building and inspection office, set by the Troup County Commission. An application for an amendment to the zoning map(s) affecting the same property shall not be submitted more than once every 12 months, said intervals to begin with the date of final decision by the Troup County Commission.

16.7-1 Application for Text Amendments: Each application to amend the text of this ordinance or the official zoning map(s) shall be filed with the zoning administrator. The initiation of all amendments must be submitted by written request from the board of commissioners, zoning administrator and/or the individual property owner.

16.7-2 Text amendment applications shall include the following:

a.

Name and address of applicant.

b.

The existing text to be affected by amendment.

c.

Proposed wording of text change.

d.

Reason for amendment request.

16.7-3 Standards for Text Amendments:

a.

Whether the proposed text amendment furthers an implementation strategy, addresses an element of and the purpose and intent of the comprehensive plan.

b.

Whether the proposed text amendment is consistent with the purpose and intent of the zoning ordinance.

c.

Whether the adoption of the amendment furthers the protection of the public health, safety or general welfare.

16.7-4 Application for Map Amendments:

a.

A legal description of the tract(s) to be rezoned, including the street address and subdivision, if any, or area in which the tract is located.

b.

A plat, drawn to scale, showing north arrow, land lot and district; the dimensions, acreage and location of the tract(s); floodplain and flood hazard areas; unusual topographical features; current zoning of subject tract and all adjacent properties; and existing structures. This plat shall be prepared by an architect, engineer or landscape architect or a planner with an AICP certification or land surveyor whose seal shall be affixed to the plat.

c.

The names and addresses of the owners of the land and their agents, if any; together with a written notarized authorization from the owner(s) agents, if any, to seek rezoning.

d.

A description of how the property is to be used.

e.

A description of how the property is being used at the present time.

16.7-5 Submitted Application. Applications shall be submitted in accordance with a schedule adopted annually by the board of zoning appeals/planning commission that shall provide each application be submitted by the deadline date as shown on the calendar of dates located in the office of building and inspections prior to the date on which it is to be considered by the Troup County Commissioners and in any event in sufficient time so as to permit advance advertising and notice of any public hearing(s) pursuant to the terms of this section and the zoning procedures law. Each application for an amendment to the official zoning ordinance text or map shall be assessed a fee as posted in building inspection zoning and planning office of Troup County to defray administrative costs. A fee shall not be charged for applications initiated by the Troup County Commission, Planning Board or Zoning Administrator.

16.7-6 Withdrawal of Application. If applicant withdraws application after the legal advertising has been published the applicant will not receive any refund of zoning application fee. If application is withdrawn prior to legal advertising being published and sign posted on the property the applicant may receive a refund of application fee. All withdrawals of applications shall be in writing to the zoning administrator at least 24 hours prior to the first reading of the application before the Troup County Commissioners.

16.7-7 Requirements Regarding Developments of Regional Impact (DRI). The Georgia Department of Community Affairs (DCA) pursuant to the Georgia Planning Act, has established criteria for the identification of certain large-scale developments, which have the potential to cause land use impacts beyond the boundaries of the respective local government where a project might be proposed. These developments, known as Developments of Regional Impact (DRI's), shall be submitted based on established DCA standards, procedures, and format, to the Three Rivers Regional Commission (TRRC) for review, and recommendation prior to issuance of any local building or development permit, utility tap, or rezoning, whichever occurs first. As such, these requirements establish an official delay in the local permitting and/or review process to allow for compliance with these requirements.

(Ord. No. 2017-13, § I(Exh. A), 2-7-2017)

The zoning administrator (or his/her designee) upon receiving an application to amend the official zoning map(s), shall do the following:

a.

With respect to an application to amend the official zoning map(s), consider and evaluate each of the standards set forth in section 16.10.

b.

Consult with other departments, as necessary, of the county to fully evaluate the impact of any land use or zoning district change upon public facilities and services including, but not limited to schools, drainage, traffic, and related facilities.

c.

Conduct a site visit to review the property and surrounding area.

d.

Submit a written record of her/his investigation and recommendations to the Planning Board, said report shall be a matter of public record.

e.

The zoning administrator may recommend amendments to the applicant's request which would reduce the land area for which the application is made, change the zoning district requested, or recommend conditions of rezoning which may be deemed advisable so that the purpose of this ordinance will be served, and reduce or mitigate any adverse impacts to surrounding neighborhood.

16.9-1 Newspaper of General Circulation. Due notice of the public hearing before the Troup County Commission for zoning decisions shall be published in the newspaper of general circulation for Troup County where the legal advertisements of the county are published. The advertisement of the application for amending the zoning map of Troup County shall state the date, time, place, and purpose of the public hearings at least 15 days and not more than 45 days prior to the date of the first hearing (reading) conducted by the county commission. If the application is for amendment to the official zoning map(s) and the application is initiated by the property owner then this notice shall also include the location of the property, the present zoning classification of the property, and the proposed zoning classification of the property.

16.9-2 Signs Posted. As to an application to amend the Official Zoning Map(s) which is initiated by a party other than Troup County, signs shall be posted at least 15 days and no more than 45 days in advance of the scheduled public hearing date of the Troup County Commissioners, a sign or signs shall be posted which shall meet or exceed the following composition standards: Signs shall be white, of durable weather-resistant material such as wood or coroplast a minimum of 48 vertical inches by 72 horizontal inches in size (four feet by six feet), and with vinyl, painted or screen printed lettering of a minimum of three inches in height in black letters on a white background, except that the existing and the proposed zoning districts and proposed use shall be in red letters. The top line shall be reserved for the "NOTICE TO REZONE". The sign shall list the name of the applicant, date, time, subject property address (or Assessor Parcel Number (APN) if no address has been assigned) of property, present zoning, and proposed zoning, proposed use of the property, the meeting address and telephone number of the planning and zoning department. The sign shall also include the statement "Meeting dates subject to change, call to verify dates" for which the lettering shall be no less than one-half the height of the next smallest lettering and no less than one-half inch.

16.9-3 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:

a.

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.

b.

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.

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.

16.9-4 Public Notice for Multi-family Use. Prior to adopting any county-initiated rezoning or amendment to the text of the zoning ordinance, resulting in the revision of one or more zoning classifications or definitions relating to single-family residential uses of property so as to authorize multifamily uses of property pursuant to such classification or definitions, or to grant blanket permission, under certain or all circumstances, for property owners to deviate from the existing zoning requirements of a single-family residential zoning, shall be adopted in accordance with the notice and hearing requirements contained in O.C.G.A. § 36-66-4, as amended and be in the following manner:

a.

In addition to the regulations of 16.9-1, the legal advertisement shall be in accordance with O.C.G.A. § 36-66-4, which includes a full description of the intent to change, and the published notice shall be in the following format:

i.

Shall be at least 9 column inches in size.

ii.

Shall not be located in the classified section.

b.

For notice of multi-family use in a location previously limited to single family use, the notice must be posted on each affected property. If there are more than 500 parcels, posting may be every 500 feet.

(Ord. No. 2017-13, § I(Exh. A), 2-7-2017; Ord. No. 2019-05, § I, 11-20-2018; Ord. No. 2023-06, § II, 6-20-2023)

In addition to the standards enumerated in other sections of this ordinance, the board of zoning appeals/planning commission and Troup County Commission shall consider the following standards in reference to any rezoning application:

a.

The existing land use patterns.

b.

The population density pattern and possible increase or overburdening of public facilities including, but not limited to; schools, utilities, police and fire protection and streets.

c.

Whether the proposed change will create or excessively increase traffic congestion or otherwise affect public safety.

d.

Whether the proposed change will create adverse environmental impacts to water, erosion and sedimentation control regulations or sewerage system.

e.

Whether the proposed change is consistent with the future land use map as adopted by the Troup County Commission.

f.

Any other factors relevant to balancing the interest in promoting the public health, safety, morality or general welfare against the individual right to the unrestricted use of property.

(Ord. No. 2017-13, § I(Exh. A), 2-7-2017)

All applications requiring a public hearing shall be posted in the newspaper of general circulation for Troup County where the legal advertisements of the county are published before being held before the BOZA/PC. The intent of the public hearing is to provide equitable opportunity for the public to speak on items that require public input and a minimum time period of ten minutes and a maximum time period of 15 minutes shall be available both to the proponents and opponents for the presentation of data, evidence, and opinion. The presiding officer may increase the maximum time period if the need arises and such time shall be determined by the presiding officer.

Any person wishing to speak at a public hearing the person shall raise their hand and, after being recognized by the presiding officer, shall stand and give his/her name, address, reveal any campaign contributions made to any sitting county commissioner, or commissioner-elect, and make any comment appropriate to the proposed zoning request.

All public hearing items shall generally follow the following prescribed order:

1.

Calling of the item to order by the Chairperson. The public hearing shall be a part of the proceedings of the meeting. A motion to move into the public hearing section of the agenda shall be made, seconded and voted upon. Upon approval of the motion the public hearing shall be called to order by the presiding officer who shall explain the procedures to be followed in the conduct of the public hearing.

2.

Presentation by staff.

3.

Presentation by the applicant or designee.

If the subject of the hearing is a zoning decision initiated by a petitioner other than the board of commissioners; the petitioner requesting such zoning decision, or the petitioner's agent, shall be recognized first and shall be permitted to present and explain the request for the zoning decision. If the request for a zoning decision is initiated by the board of commissioners, all members of the board of commissioners shall be thus allowed to speak as they are recognized by the presiding officer regardless of whether such board member speaks in favor of or in opposition to the proposed zoning request. Thereafter, all individual members of the board who so desire shall be permitted to speak in favor of the zoning request. After the county commissioner(s) have concluded their discussion any member of the public who wishes to speak shall have the opportunity to do so.

4.

Comments by proponents. Once the applicant has presented the request, the presiding officer chairperson will ask to hear comments from any proponents of the application.

5.

Comments by opponents. After all individuals have had an opportunity to speak in favor of the request, in accordance with section 16.10. those individuals present at the public hearing who wish to speak in opposition to the zoning request shall have an opportunity to speak.

6.

Concluding comments by the applicant. Once all comments have been given by proponents and opponents of the application, the applicant is given an opportunity to make summary remarks concerning the application.

7.

Chairperson closes the public hearing. Thereafter, the presiding officer shall announce that the public hearing for the requested zoning decision is closed. The board of zoning appeals/planning commission shall then convene its business session to consider the proposed amendment.

8.

BOZA/PC directs questions to staff or members of the public, if desired.

9.

Motion and vote.

The BOZA/PC may then act upon its recommendation to the board of commissioners.

(Ord. No. 2017-13, § I(Exh. A), 2-7-2017)

As to each application, the board of zoning appeals/planning commission shall make a recommendation for approval, approval with conditions, denial, continuance, or withdrawal without prejudice or no recommendation. The board of zoning appeals/planning commission's action may recommend amendments to the applicant's request which would reduce the land area for which the application is made, change the district requested, or recommend conditions of rezoning which may be deemed advisable so that the purpose of this ordinance will be served and reduce any adverse impacts to the surrounding neighborhood. A written report of the board of zoning appeals/planning commission's recommendation shall be submitted to the Troup County Commission and shall be public record. The failure of the planning commission to take any action within 45 days of the submittal of the application shall be considered to be a recommendation for approval.

(Ord. No. 2017-13, § I(Exh. A), 2-7-2017)

Rules of Order. The form and character of motions shall generally be guided by Robert's Rules of Order, Revised except as otherwise provided herein.

Motions. Upon review of the full public record and due deliberation among the members of the BOZA/PC, any of its members, except the chairperson, may make a substantive motion. In the case of items requiring recommendations to a further body, the motions shall be in the form of "Recommend Approval", "Recommend Approval subject to conditions" or "Recommend Denial". In the case of items requiring final action, the motions shall be in the form of "Approve", "Approve subject to corrections/conditions (as applicable)" or "Denial".

Seconds. All motions shall require a second from another member, except the chairperson, in order to proceed to a full vote. A motion shall die for lack of a second. Upon receiving a second, the Chair shall call for any discussion on the matter. Upon closing of any discussion, the Chair shall call for the voting of all members against the motion. A majority of the quorum present shall constitute the minimum number of votes necessary to win the vote.

Votes. The chairperson may vote on any motion, however, the chairperson shall not be required to vote except to break a tie.

Defeated Motions. When a motion receives more "No" votes than "Yes" votes, it shall be deemed to have failed. This shall require a subsequent motion and vote on the item.

Abstentions. When a BOZA/PC member is aware that he/she has a direct financial or familial conflict of interest as described in this Article or Ga. Code Ann., § 36-67A-1 et seq., the BOZA/PC member shall remove themselves from the item in its entirety and shall abstain from the vote. Normal circumstances should require that the member leave the room. All abstention notifications shall be made to the Chairperson before the item is heard.

(Ord. No. 2017-13, § I(Exh. A), 2-7-2017)

General Procedures for Public Hearings. At the first meeting of the board of commissioners following the zoning appeals/planning meeting where the board of zoning appeals/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/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/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 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.

16.14-2 Public Hearing Procedures for Multi Family Use. When a proposed zoning decision relates to an commission initiated amendment of the zoning ordinance to revise one or more zoning classifications or definitions relating to single family residential use of property so as to authorize multifamily use 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 accordance with the notice and hearing requirements contained in O.C.G.A. § 36-66-4 which include the following regulations:

a.

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

b.

Prior to the first meeting provided for in subparagraph (a) of this paragraph, at least two public hearings shall be held on the proposed action. Such public hearings shall be held at least three months and not more than nine months prior to the date of final action on the zoning decision. Furthermore, at least one of the public hearings must be held between the hours of 5:00 p.m. and 8:00 p.m.

(Ord. No. 2017-13, § I(Exh. A), 2-7-2017; Ord. No. 2023-06, § III, 6-20-2023)

All such appeals or challenges to decisions of the Board of Zoning Appeals, or other quasi-judicial zoning decisions by a governing board or agency, where the decision is a final decision, any appeal of such a decision shall be brought within 30 days of the date of action by the final decision maker. The petition for review shall be filed with the Troup County Superior Court within 30 days of the date of the decision. Appeals to quasi-judicial decisions are subject to appellate review and such matters shall be reviewed on the record as provided in Title 5 of the Official Code of Georgia Annotated.

(Ord. No. 2017-13, § I(Exh. A), 2-7-2017; Ord. No. 2023-06, § IV, 6-20-2023)

If after one year from the approved rezoning, the approved use has not been developed as stated in the minutes of the Troup County Commission meeting or an application for a preliminary plat review or building permit has not been made, then the rezoning shall be brought for review by the board of zoning appeals/planning board. Notification to the applicant and property owner of this review is required prior to any decision of the Troup County Commissioners. The applicant or property owner shall submit in writing to the board of zoning appeals/planning board within five business days of receiving the notification of review an explanation of the delay in developing the property as zoned. After review of the explanation from the applicant the planning commission may extend the rezoning, require filing of a new application for rezoning, or recommend reversal of the zoning to the Troup County Board of Commissioners. If the recommendation is to rezone the property to its previous zoning district then the reversal process shall follow the same procedures as an amendment to the zoning map (rezoning) with public hearing and notification in compliance with sections 16.5.4 through 16.12 of this article. Rezonings initiated by the board of commissioners or zoning administrator are exempt from this clause.

(Ord. No. 2017-13, § I(Exh. A), 2-7-2017)

No improvement, building or other structure shall be located, erected, moved, added to, or structurally altered without a building permit issued by the offices of building and inspections. No building permit shall be issued except in conformity with the provisions of this ordinance and/or as approved by the building official.

(Ord. No. 2017-13, § I(Exh. A), 2-7-2017)

All applications for building permits shall be accompanied by plans in duplicate, drawn to scale, showing the actual dimensions of the lot to be built upon, the sizes and locations on the lot of any existing buildings or structures, the shape, size, height, use and location on the lot of the building or structure proposed to be erected or altered, setback distances, any parking spaces, and such other information as may be necessary to provide for the enforcement of the provisions of this ordinance. If no substantial construction progress has been made within six months of the date of the issuance of the building permit, the permit shall become invalid and all construction shall cease until and unless a new permit is obtained.

(Ord. No. 2017-13, § I(Exh. A), 2-7-2017)

Certificates of occupancy shall be issued by the building official after approval of the final inspection and prior to any person occupying the building. A record of all certificates of occupancy shall be kept on file in the office of the building official and a copy shall be furnished on request, to any person having a proprietary or tenancy interest in the building or land involved.

(Ord. No. 2017-13, § I(Exh. A), 2-7-2017)

In order to mitigate adverse impacts to surrounding areas and to maintain the health, safety, and general welfare of the citizens of Troup County the Troup County Commissioners may impose conditions on rezoning requests. Conditions placed on the property as a part of approval of a rezoning application shall remain in force until such time as an appeal has been approved relieving the property of such conditions.

16.20-1 Property Conditions. Conditions, including but not limited to hours of operation, types of outside lighting, fencing, etc., placed on property at the time of rezoning shall become a written part of the minutes of the Troup County Commission meeting and shall be attached to the amendment to the official zoning map. The conditions imposed shall be part of the rezoning application and kept in the office of the zoning administrator or his/her designee. Conditions on the property travel with the property and stay in effect when property changes owners.

16.20-2 Appeal Process for Conditional Zoning. Appeals for relief of conditions placed on rezoned property may be heard by the Troup County Commission only when the reason for the placement of conditions has been altered to allow the use of the property without the conditions. Appeals shall follow the same procedure as that of a rezoning application. Public hearings are required.

(Ord. No. 2017-13, § I(Exh. A), 2-7-2017)

The board of zoning appeals/planning commission shall review and make recommendations to the Troup County Commission to approve, approve with conditions or deny special uses that are specifically authorized by this ordinance. Public hearings are required by the Troup County Commission (See hearing requirements).

16.21-1 Conditions and Limitations: The board of zoning appeals/planning commission shall include any condition, requirement, or limitation that may be necessary to protect adjacent properties and carry out the provisions of this ordinance in its review and recommendation and the Troup County Commission may impose conditions, requirements or limitations it deems necessary. If at any time after a special use permit has been issued, the zoning administrator finds that the conditions imposed and the agreements made have not been or are not being fulfilled by the holder of a special use permit, the permit shall be terminated and the use discontinued until in compliance with the conditions.

16.21-2 Special Use Application Procedure: Application for a special use shall be filed with the office of the zoning administrator, and the board of zoning appeals/planning commission shall have 45 days within which to consider each request and make recommendations to the Troup County Commission. Upon receiving recommendations from the board of zoning appeals/planning commission or after the 45-day period has expired, the Troup County Commission shall schedule the proposed special use to be voted on at the next regularly scheduled commission meeting. Each special use application is subject to public hearing procedures as specified in section 16.10. Each application shall contain a simple sketch of the site to scale, showing the following:

a.

The general location of all existing structures and property lines;

b.

Present zoning of adjacent property;

c.

The existing use of adjacent property;

d.

Location of proposed buildings and land use;

e.

A legal description of the property;

f.

Setbacks; and

g.

Parking spaces, if applicable.

16.21-3 Standards. In order to grant approval of a special use, the Troup County Commission shall determine whether the following standards have been met:

a.

The available existing street system is adequate to efficiently and safely accommodate the traffic that will be generated by the proposed use or development.

b.

The existing public utilities, facilities and services are adequate to accommodate the proposed use or development.

c.

The use or development will not generate or cause conditions such as noise, light, glare, or odor or similar objectionable features which would reduce the value, use or enjoyment of surrounding properties.

d.

The use would not have a detrimental environmental impact on the surrounding area.

e.

The use would not adversely affect the health, safety, and general welfare of the community.

16.21-4 Application Fee. Each application for a special use shall be submitted along with a fee according to fee schedule posted in offices of building and inspections and set by the Troup County Commission to partially defray administrative and notification costs.

(Ord. No. 2017-13, § I(Exh. A), 2-7-2017)

Uses that have been granted Conditional Use approval prior to February 7, 2017 may continue as long as they meet the guidelines and conditions as a part of the approval. After February 17, 2017, uses that were formerly deemed "conditional uses" will be special uses subject to the guidelines as stated in 16.21 - Special Uses.

(Ord. No. 2017-13, § I(Exh. A), 2-7-2017)

This article of the Troup County Zoning Ordinance, as from time to time amended, is intended to set forth and constitute the policies, procedures and standards required under O.C.G.A. § 36-66-5, and copies of same shall be available to the public upon request.

(Ord. No. 2017-13, § I(Exh. A), 2-7-2017)

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.

16.24-1 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. 2017-13, § I(Exh. A), 2-7-2017; Ord. No. 2023-06, § V, 6-20-2023)

16.25-1 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.

16.25-2 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. 2023-06, § VI, 6-20-2023)