The purpose, duties and responsibilities of the Planning Commission shall include, but not be limited to, the following:

A.

To conduct public hearings, receive staff reports, and review and make recommendations to the Board Commissioners on amendments to the Comprehensive Land Development Ordinance, Official Zoning Maps, the Comprehensive Plan, conditional use permits and the elements thereof.

B.

To assist the Planning and Development Department, other County Departments, Boards and authorities when appropriate to the purposes of the Planning Commission, and the Board of Commissioners in carrying out their various functions by making recommendations to achieve the desired benefits on behalf of present and future Walton County residents, businesses, and property owners.

C.

To report to the Board of Commissioners after review on any matter or class of matter referred to the Planning Commission by the Board of Commissioners before action is taken thereon by them.

The Planning Commission shall be composed of seven (7) members who shall be appointed and shall serve at the pleasure of the Board of Commissioners for a term which will run concurrent with their district commissioners' term or the term of the at large appointee shall run concurrent with the term of the Chairman of the Board of Commissioners. The appointing authority shall appoint at least one (1) member from each Commission District and one (1) member appointed at large by the Chairman of the Board of Commissioners. All appointees shall continue to serve at the pleasure of the Board of Commissioners until their successor is appointed. Any vacancy in the membership shall be filled for the unexpired term in the same manner as the initial appointments. If a member moves to reside outside Walton County, such member shall be deemed to have resigned from the Planning Commission. The Board of Commissioners may remove any or all members by a majority vote. Members of the Planning Commission shall hold no other elected office or other county compensated position.

A.

The Planning Commission Board shall elect a Chairman and Vice-Chairman in January.

B.

The Chairman shall preside at all meetings and hearings of the Board and decide all points of order and procedure. The Chairman shall appoint any committees which may be found necessary.

C.

The Vice-Chairman shall serve as acting Chairman in the absence of the Chairman.

D.

A designated person from the Planning and Development Department shall serve as the Executive Secretary of the Planning Commission and may delegate the performance of the tasks required by the Executive Secretary to his or her subordinates.

A.

Regular Meetings

Unless there is no business to be conducted, regular Meetings shall be held on the first Thursday of each month at 6:00 p.m. All meetings shall be voting sessions and open to the public. Proper public notice to all meetings shall be required as per the Georgia Open Meetings Act.

B.

Special Called Meetings

The Chairman, Executive Secretary, or a majority of the Planning Commission may call a special meeting at any time. The Executive Secretary shall prepare and cause to be delivered a written notice stating the specific purpose of the special called meeting to each Planning Commission member. No business other than the specific stated purpose shall occur at the special called meeting.

C.

Agenda and Minutes

1.

The Chairman and Executive Secretary shall determine the meeting agenda. All matters to be considered and/or acted upon by the Planning Commission shall appear on the agenda.

2.

Meeting minutes shall include and indicate all important facts, a report of all actions taken, and shall include 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 record of any explanation or commentary which is relevant to the decisions made on matters before the Planning Commission.

D.

Order of Business at Meeting

All meetings shall be open to the public. The order of business at meetings shall be as follows:

1.

Roll call

2.

Approval of minutes for previous meetings

3.

Unfinished business

4.

New business

5.

Public comment

6.

Adjournment

The Chairman 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.

E.

Rules of Procedure for Meetings

All items on an advertised agenda for a public hearing shall be heard on the scheduled date, except, if in the judgment of a majority of the Planning Commission, specific circumstances surrounding the matter warrant the continuance of the hearing on the matter to a specific future date and time. Robert's Rules of Order shall govern any procedural question not otherwise covered in this Part.

F.

Cancellation of Meeting

In the event that there is a lack of business to be discussed and/or voted upon at a future meeting, the Executive Secretary shall place an appropriate public notice at the county courthouse or annex building stating the date of the canceled meeting.

G.

Adjournment of Meetings

The Planning Commission may adjourn a regular meeting if all business cannot be disposed of on the set day, and no further public notice shall be necessary for such a meeting if the time and place of its resumption is stated at the time of adjournment and is not changed after the adjournment.

A.

Quorum

A quorum shall consist of a majority of the Planning Commission members. A majority vote of those present shall be sufficient to decide all matters which come before the Planning Commission.

B.

Voting

1.

A Planning Commission member who is part of a quorum of the Planning Commission 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 abstaining from the voting on that specific matter.

2.

A majority vote of those members present of the Planning Commission is required for approval of all motions. A tie vote shall be broken with a vote from the Chairman. A motion which fails by a majority vote shall not be deemed as approval of the opposite position and a new motion must be made to approve the opposite position, with any amendments and conditions, in order that the opposite position be submitted to the Board of Commissioners as the recommendation of the Planning Commission.

3.

The Planning Commission may add conditions to the approval of any application or matter it deems necessary so that the purposes of the County's resolutions, ordinances, regulations, policies and procedures are served.

C.

Conflict of Interest

In the event that any Planning Commission member has any interest in any matter, proponent, or opponent, which may result in a gain or loss to that Planning Commission member, his or her immediate family by blood or marriage, or to any individual, partnership or corporation with whom that Planning Commission member has had any regular business or contractual relationships within the past twelve (12) months, said Planning Commission member shall not participate in the consideration, discussion, questioning and voting on that particular matter before the Planning Commission, nor shall said Planning Commission member take any action which may influence the vote of any other Planning Commission member. In the event that the Chairman has a conflict of interest, the Vice-Chairman shall preside over the meeting during consideration of that particular matter.

The Chairman may appoint, with the concurrence of the Planning Commission, various standing and temporary committees to further the purposes of the Planning Commission. Such committees may include ex-officio members of the staff of various County departments (excluding the staff of the Board of Commissioners), residents and business owners of the County and other individuals whose background and knowledge may be of benefit to the Planning Commission in their deliberations.

The Board of Appeals shall have the following powers, as well as others significantly authorized in this Ordinance:

A.

Appeals

To hear and decide appeals where it is alleged there is an error in any order, requirement, permit, decision, determination or refusal made by an administrative officer in the enforcement of this Ordinance. The Board of appeals shall have additional powers as may be granted to it by any other ordinance, including, but not limited to, determination of appeals from the refusal of an administrative official to issue a license or permit. A failure to act shall not be construed to be an order, requirement or decision within the meaning of this Article.

B.

Variances

To authorize variances from the terms of this Ordinance and Walton County Sign Ordinance as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of this Ordinance will, in an individual case, result in a practical difficulty or unnecessary hardship, so that the spirit of this Ordinance shall be observed, public safety and welfare secured, and substantial justice done.

C.

Special Exceptions

To consider and approve applications for the following exceptions:

1.

Home Occupation customer contact.

2.

Antenna, amateur radio heights exceeding fifty (50) feet.

3.

Reduce the required number of parking spaces when necessary to preserve significant trees.

4.

The Board of Appeals is expressly authorized to review and grant variances where it deems it appropriate to allow the issuance of building permits for the renovation or construction of a structure on a tract or parcel of land that lacks the requisite road frontage under Section 4-3-160 of the ordinance provided the following conditions exist:

The tract or parcel of land existed in such condition prior to initial adoption of the Ordinance (March 6, 1973) or has been created of record by a survey, deed or other written instrument recorded in the real estate records of the Clerk's Office, Walton Superior Court, prior to December 6, 1983, and such tract or parcel (although not abutting a public road) has a legally established and clearly defined access to an existing public road; or

A structure (in the case of renovation or replacement) on such tract or parcel which was constructed prior to the adoption of the Ordinance (March 6, 1973) or where the structure was constructed since that date with a building permit issued by the Walton County Code Enforcement Office prior to December 6, 1983.

5.

Any modification or exception to the standards, regulations, policies, and procedures contained in this Ordinance that would provide an individual with a disability an equal opportunity to use and enjoy the housing of his or her choice without imposing undue financial or administrative burdens on the County or requiring a fundamental or substantial alteration of this Ordinance.

D.

Special Conditions

The Board of Appeals is hereby granted power to attach special conditions to the grant of a variance and special exceptions. The conditions shall be designed and intended to make provision for special circumstances presented by the request and/or to preserve the basic character of the area within which the proposed use is to be located.

(2-2-2010; 12-3-13; 6-2-2015)

The Board of Appeals shall be composed of seven (7) members who shall be appointed and shall serve at the pleasure of the Board of Commissioners for a term which will run concurrent with their district commissioner's term or the term of the at large appointee shall run concurrent with the term of the Chairman of the Board of Commissioners. The appointing authority shall appoint at least one (1) member from each Commission District and one (1) member appointed at large by the Chairman of the Board of Commissioners. All appointees shall continue to serve at the pleasure of the Board of Commissioners until their successor is appointed. Any vacancy in the membership shall be filled for the unexpired term in the same manner as the initial appointments. If a member moves to reside outside Walton County, such member shall be deemed to have resigned from the Board of Appeals. Members of the Board of Appeals shall hold no other elected office or other county compensated position. The Board of Commissioners may remove any or all members by a majority vote of the Board of Commissioners.

A.

The Board of Appeals shall elect a Chairman and Vice-Chairman annually in the month of January.

B.

The Chairman shall preside at all meetings and hearings of the Board of Appeals and decide all points of order and procedure. The Chairman shall appoint any committees, which may be found necessary.

C.

The Vice-Chairman shall be acting Chairman in the absence of the Chairman.

D.

A designated person from the Department shall serve as the Executive Secretary of the Board of Appeals and may delegate the performance of the tasks required by the Executive Secretary to his or her subordinates.

A.

Regular Meetings

Unless there is no business to be conducted, regular meetings shall be held on the third Tuesday of each month at 6:00 p.m. All regular meetings shall be voting sessions and open to the public. Proper public notice to all meetings shall be required as per the Georgia Open Meetings Act and in Article 4 of this Ordinance.

B.

Special Called Meetings

The Chairman, Executive Secretary, or a majority of the Board of Zoning Appeals may call a special meeting at anytime. The Executive Secretary shall prepare and cause to be delivered a written notice stating the specific purpose of the special called meeting to each Board of Appeals member. No business other than the specific stated purpose shall occur at the special called meeting.

C.

Agendas and Minutes

1.

The Chairman and Executive Secretary shall determine the meeting agenda. All matters to be considered and/or acted upon by the Board of Appeals shall appear on the agenda.

2.

Meeting minutes shall include all important facts, a report of all actions taken, and shall include 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 record of any explanation or commentary which is relevant to the decisions made on a matter before the Board of Appeals.

D.

Order of Business at Meetings

All meetings shall be open to the public. The order of business at meetings shall be as follows:

1.

Roll call

2.

Approval of minutes for previous meetings

3.

Unfinished business

4.

New business

5.

Public comment

6.

Adjournment

The Chairman 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.

E.

Rules of Procedure for Meetings

All items on an advertised agenda for a public hearing shall be heard on the scheduled date except, if in the judgment of a majority of the Board of Appeals, specific circumstances surrounding the matter warrant the continuance of the hearing on the matter to a specific future date and time. Robert's Rules of Order shall govern any procedural question not otherwise covered in this Part.

F.

Cancellations of Meetings

In the event that there is a lack of business to be discussed and/or voted upon at a future meeting, the Executive Secretary shall place an appropriate public notice at the County Courthouse or Annex building stating the date of the cancelled meeting.

G.

Adjournment of Meetings

The Board may adjourn a regular meeting if all business cannot be disposed of on that day set, and no further public notice shall be necessary for such a meeting if the time and place of its resumption is stated at the time of adjournment and is not changed after adjournment.

A.

Quorum

A quorum shall consist of a majority of the Board of Appeals members. A majority vote of those present shall be sufficient to decide all matters, which come before the Board of Appeals.

B.

Voting

1.

A Board of Appeals member who is part of a quorum of the Board of Appeals 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 abstaining from the voting on that specific matter.

2.

A majority vote of those members present of the Board of Appeals is required for approval of all motions. A tie vote shall be broken with a vote from the Chairman. A motion which fails by a majority vote shall not be deemed as approval of the opposite position and a new motion must be made to approve the opposite position.

3.

The Board of Appeals may add conditions to the approval of any application or matter it deems necessary so that the purposes of the County's resolutions, ordinances, regulations, policies and procedures are served.

C.

Conflict of Interest

In the event that any Board of Appeals member has any interest in any matter, proponent, or opponent, which may result in a gain or loss to that Board of Appeals member, his or her immediate family by blood or marriage, or to any individual, partnership or corporation with whom that Board of Appeals member has had any regular business or contractual relationships within the past twelve (12) months, said Board of Appeals member shall not participate in the consideration, discussion, questioning and voting on that particular matter before the Board of Appeals, nor shall said Board of Appeals member take any action which may influence the vote of any other Board of Appeals member. In the event that the Chairman has a conflict of interest, the Vice-Chairman shall preside over the meeting during consideration of that particular matter.

The duties and powers of the Planning and Development Department are as follows:

A.

The Department is authorized and empowered on behalf and in the name of the Board of Commissioners to issue any and all permits and approvals in every case where the proposed use of action is in conformity with this Ordinance.

B.

It shall be the duty of the Department designee, and he/she is hereby given the authority, to administer and enforce the provisions of this Ordinance.

C.

The Department shall keep records of all and any permits and Certificates of Occupancy issued, with notation of all special conditions involved. The Department shall file and safely keep copies of all sketches and plans submitted, and the same shall form a part of the records of that office and shall be made a part of the public record.

D.

Accepting and processing applications for Zoning Map amendments, text amendments, land use amendments, conditional use permits, special administrative permits, Zoning Certification, Comprehensive Land Use Plan, preliminary and final plats for proposed subdivisions, or any other such business as may be scheduled for public hearing by the Planning Commission or Board of Appeals.

E.

Researching facts and preparing reports for the Planning Commission, Board of Appeals and the Board of Commissioners shall be in writing on a form prescribed by the Department and shall be made a part of the public record.

F.

Accepting and processing applications for variances, appeals of error, or any other business as may be scheduled for public hearing by the Board of Appeals.

G.

Maintenance of permanent records concerning the administration of this Ordinance, including all maps, amendments, records of public hearings, and any other business of the Planning Commission and Board of Appeals.

H.

Review of applications and plans for building permits and development permits to ensure conformity with the requirements of this Ordinance and other relevant county ordinances; and approval or denial of said applications.

I.

In written request by the property owner or owner's authorized agent, the Department may issue a certificate verifying the current zoning of a parcel of land. The fee for a Zoning Certificate shall be established by the Board of Commissioners.

J.

Receiving, reviewing, approving, denying and issuing administrative variances and special administrative permits.

K.

Approved non-conforming use of land that does not increase the degree of non-conformity. The fee for a non-conformity compliance certificate shall be established by the Board of Commissioners.

L.

Other duties as authorized in this Ordinance.

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

A.

Receiving from the Director and from the Planning Commission recommendations concerning the Comprehensive Plan, amendments to the Comprehensive Plan, amendments or waivers of provisions of this Ordinance, conditional use permits or any other matters relating to planning and zoning within Walton County.

B.

Conducting public meetings for the purpose of accepting, rejecting or modifying the recommendations submitted by the Director or the Planning Commission. The Board of Commissioners may solicit additional advice, information or comments prior to rendering its decision.