The City of Winder hereby creates the Planning, Zoning, and Appeals Board. As used in this Article, the term "Board" shall mean the "Planning, Zoning, and Appeals Board" and such term or phrase may be used interchangeably.

(Ord. (W-14-25), § 1, of 6-3-25, eff. 3-1-26; Ord. (W-18-25), § 1, of 9-2-25)

A.

Membership. The Board shall consist of seven members with each such member being appointed by the Mayor and Council as provided in Subparagraph B below. The Mayor, all members of the Council, and any employee of the City shall not be eligible for appointment to serve as a member of the Board.

B.

Appointment.

1.

The composition of the Board's seven members shall be as follows: one (1) at-large member appointed by the Mayor; two (2) at-large members with each such member being individually appointed by each of the two at-large council members respectively (meaning that each at-large council member has one appointment); and four (4) members corresponding to each of the four (4) wards of the City with each such member(s) being individually appointed by each of the four council members corresponding to such wards those council members represent (meaning that each ward's council member has one appointment). As used herein, the terms "at-large" and "ward" shall have the same meaning as described in Art. II, Sec. 2-1(3) of the City Charter.

2.

Each Board member shall have been a resident of the City for at least one (1) year prior to their appointment and shall remain a resident of the City during their term. In the event that a Board member ceases to be a resident of the City, then such Board member shall become ineligible to continue serving. For members appointed by "ward," such members shall be a resident of the designated ward for which they were appointed at the time of appointment. In the event that a Board member ceases to be a resident of the ward for which they were appointed, then such Board member shall become ineligible to continue serving, provided, however, that if such Board member shall no longer be a resident of the ward for which he or she was appointed due to redistricting of the wards, then such Board member shall remain eligible to serve out the remainder of their current term.

C.

Term.

1.

Each Board member's term shall coincide with the Council member or Mayor who appointed the Board member, except as provided hereinbelow.

2.

The initial terms of each Board member shall begin upon their appointment, even though such appointment may be made prior to the effective date on which the remainder of this Ordinance takes effect.

3.

All terms shall run through and including June 30 of the calendar year which follows the calendar year in which an election for the office of any particular appointing Council member or Mayor is held. For example, if the Mayoral election happens in November of a given calendar year, then the term of the Mayor's appointment to the Board shall last through and including June 30 of the next calendar year following the Mayoral election. The same is true for the term of each Council member's appointment. For the sake of clarity, this means that the terms of the Board members shall be staggered in the same manner as the Mayor and Council members' terms are staggered. The terms of Board members provided for herein shall also run with the term of office for the Mayor and Council member making the appointment, except as to the expiration date being the following June 30, regardless of whether the appointing Mayor or Council member shall be re-elected. For purposes of this Ordinance, when the Mayor or a Council member is re-elected, the term of the Board member appointed prior to reelection shall run with the individual term of office and not with the particular person so holding such office.

4.

Nothing contained herein, however, shall prevent the re-appointment of any Board member to a new term upon the expiration of a previous term as provided for above.

5.

In the event that a new Board member is appointed prior to the expiration of the existing Board member's term, then such subsequent Board member's term shall begin on July 1.

6.

This Ordinance does not create a interest in any Board member's service and may be amended by subsequent ordinance duly adopted by the Mayor and Council.

D.

Compensation. All Board members shall receive such compensation as may be provided or established from time to time by the Mayor and Council. Each Board member may also be reimbursed for actual expenses incurred by them in connection with their official duties as members of said Board, provided that such expenses shall be pre-approved by the City Administrator. So long as funds are available for such purposes, the City may also pay for such training or expenses as would be ordinary and customary for members of such Board at the option of the City Administrator.

E.

Vacancy. Any vacancy in membership of the Board shall be filled as soon as reasonably practical with another appointment made by the respective Council member or Mayor who appointed the Board member for which a vacancy exists. In the event of an appointment to fill a vacancy, the term of the Board member so appointed shall be the remainder of the unexpired term in which such vacancy arose.

F.

Removal. The Mayor and Council shall have the authority to remove any member of the Board for cause, upon written charges, after a public hearing. By way of illustration and not limitation, the phrase "for cause" shall mean any member establishing residence outside the City (without tendering that member's resignation from the Board at or before establishing such residence), any member habitually failing to attend meetings, or a violation of the City's Code of Ethics.

G.

Officers. The members of the Planning, Zoning, and Appeals Board shall elect officers of the Board from among its members, except as provided further herein. There shall be a chairperson; vice-chairperson, and secretary.

1.

The chairperson shall serve as the presiding officer over any meetings and sign all documents ordinarily or customarily signed by the presiding officer in the context of the Board.

2.

The vice-chairperson shall serve as chairperson in the event of the chairperson's absence or failure to perform the duties of the chairperson.

3.

The secretary shall record the official minutes of any meeting and coordinate with the City Clerk regarding the maintenance of the Board's records. The secretary may be either one of the members, or an employee of the City. In the event the secretary is an employee of the City, then such secretary shall not be a voting member of the Board. The City Administrator's approval shall also be required for any appointment of an employee of the City to serve in the role of Board secretary.

4.

The foregoing officers shall serve a term of one year or until their successor is elected by the then members of the Board.

H.

Consultation with City Attorney. The Board may consult with the City Attorney or his or her designee as may be necessary.

(Ord. (W-14-25), § 1, of 6-3-25, eff. 3-1-26; Ord. (W-18-25), § 1, of 9-2-25)

A.

Meetings. The Planning, Zoning, and Appeals Board shall hold meetings in accordance with the Open Meetings Act or as otherwise provided by state law and the Charter or Code of Ordinances, City of Winder, Georgia, including the Zoning Ordinance of the City of Winder, Georgia, as applicable. Such meetings shall be held at dates and times as the Board may select.

B.

Quorum. Four members of the Board shall be required in order to have a quorum to transact business.

C.

Hearings. During any meeting, the Board may also hold such hearing or hearings as may be necessary or required pursuant to state law and the Charter or Code of Ordinances, City of Winder, Georgia, including the Zoning Ordinance of the City of Winder, Georgia, as applicable.

D.

Procedures. Meetings of the Board shall normally follow the same procedure as would be used during meetings of the Mayor and Council. Where applicable, the Board shall follow the rules of procedure set forth by state law, the Charter, or Code of Ordinances of the City of Winder, Georgia, including the Zoning Ordinance of the City of Winder, Georgia, as applicable. In the event that state law, the Charter, or Code of Ordinances of the City of Winder, Georgia, including the Zoning Ordinance of the City of Winder, Georgia, as applicable, does not specify a specific rule of procedure for any meeting or hearing held by the Board, the Board shall be authorized to make its own rules of procedure not inconsistent therewith through written resolution.

E.

Voting. Each member of the Board shall have one vote. The presiding officer of any meeting or hearing, whether the chairperson or vice-chairperson, shall also vote. A vote of the majority of the members present at any meeting shall be required for the passage of any matter requiring a vote.

(Ord. (W-14-25), § 1, of 6-3-25, eff. 3-1-26; Ord. (W-18-25), § 1, of 9-2-25)

The Planning, Zoning, and Appeals Board shall review and provide recommendations to the Mayor and Council on applications for Zoning Decisions, as defined in O.C.G.A. § 36-66-3(4).

A.

"Zoning Decisions" as defined in O.C.G.A. § 36-66-3(4) shall mean the following, including:

1.

The adoption or repeal of a zoning ordinance;

2.

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

3.

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

4.

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;

5.

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

6.

The grant or denial of a variance or conditions concurrent and in conjunction with a decision pursuant to subparagraphs (iii) and (v) of this Paragraph.

B.

The Planning, Zoning, and Appeals Board shall have 75 days after receipt of a completed application (as determined by Zoning Administrator or his or her designee) seeking a Zoning Decision to make a recommendation to the Mayor and Council. If no recommendation is provided within this timeframe, the request shall be deemed to have no recommendation by the Board. All recommendations (or lack thereof) shall be memorialized in writing prior to being transmitted to the Mayor and Council. Nothing in this Paragraph shall be construed to prevent the Mayor and Council from remanding a recommendation back to the Board for further consideration.

C.

In rendering a recommendation as to any Zoning Decision, the Board shall follow the standards set forth in the Zoning Ordinance of the City of Winder, Georgia, including, but not limited to, those set forth in Article XI, Section 11-6 thereof.

D.

In rendering a recommendation on any Zoning Decision, the Board shall hold at least one public hearing prior to making its recommendation. Such public hearing shall be held in accordance with the procedures applicable to any such public hearing as specified in Section 12-3.D above. Notices of any public hearing shall be issued in the same manner and timeframe as would be applicable to any such public hearing held by the Mayor and Council, except such timeframes in this instance shall be applicable to the hearing held by the Board.

E.

In rendering a recommendation as to any Zoning Decision, the staff report or any staff recommendation shall be considered. Yet, the staff report or recommendation shall not be binding on the Board.

F.

The Board's recommendation may be to approve, approve with conditions, or deny the requested Zoning Decision.

G.

Any recommendation issued by the Board with respect to a Zoning Decision shall not be binding on the Mayor and Council.

(Ord. (W-14-25), § 1, of 6-3-25, eff. 3-1-26; Ord. (W-18-25), § 1, of 9-2-25)

The Planning, Zoning, and Appeals Board shall also have the authority to hear and recommend whether the Council should grant or deny Variances in accordance with Section 11-8 of Article XI of the Zoning Ordinance of the City of Winder. City Council shall be the final decision-making body for the grant or denial of such Variances.

A.

The Planning, Zoning, and Appeals Board shall have 75 days after receipt of a completed application (as determined by Zoning Administrator or his or her designee) seeking a Variance to make a recommendation to the Mayor and Council. If no recommendation is provided within this timeframe, the request shall be deemed to have no recommendation by the Board. All recommendations (or lack thereof) shall be memorialized in writing prior to being transmitted to the Mayor and Council. Nothing in this Paragraph shall be construed to prevent the Mayor and Council from remanding a recommendation back to the Board for further consideration.

B.

In rendering a recommendation as to any Variance, the Board shall follow the standards set forth in the Zoning Ordinance of the City of Winder, Georgia, including, but not limited to, those set forth in Article XI, Section 11-8 thereof.

C.

In rendering a recommendation on any Variance, the Board shall hold at least one public hearing prior to making its recommendation. Such public hearing shall be held in accordance with the procedures applicable to any such public hearing as specified in Section 12-3.D above. Notices of any public hearing shall be issued in the same manner and timeframe as would be applicable to any such public hearing held by the Mayor and Council, except such timeframes in this instance shall be applicable to the hearing held by the Board. The foregoing notwithstanding, however, notice of any public hearing on a Variance held by the Board may be given less than thirty days from such hearing provided further that such notice shall be given not less than fifteen days, nor more than forty-five days from the date such hearing is to be held.

D.

In rendering a recommendation as to any Variance, the staff report or any staff recommendation shall be considered. Yet, the staff report or recommendation shall not be binding on the Board.

E.

The Board's recommendation may be to approve, approve with conditions, or deny the requested Variance.

F.

Any recommendation issued by the Board with respect to a Variance shall not be binding on the Mayor and Council.

(Ord. (W-14-25), § 1, of 6-3-25, eff. 3-1-26; Ord. (W-18-25), § 1, of 9-2-25)

The Planning, Zoning, and Appeals Board shall hear and provide written recommendations to the Mayor and Council regarding the approval, approval of conditions, or denial, of both preliminary and final plats pursuant to Chapter 28 within the Code of Ordinances for the City of Winder.

(Ord. (W-14-25), § 1, of 6-3-25, eff. 3-1-26; Ord. (W-18-25), § 1, of 9-2-25)

A.

The Planning, Zoning, and Appeals Board shall also review and decide whether to approve (including approval with conditions) or deny special permits for the construction of any mobile home park in accordance with Chapter 14 of the Code of Ordinances for the City of Winder.

B.

The Planning, Zoning, and Appeals Board shall also review and decide whether to approve (including approval with conditions) or deny all permits for trailers and mobile homes in the City in accordance with Chapter 14 of the Code of Ordinances for the City of Winder.

C.

The Mayor and Council hereby delegate to, and designate, the Board as having been conferred with quasi-judicial powers for the purposes of making decisions specified in this Section pursuant to standards adopted for the exercise of such powers as specified in the Code of Ordinances for the City of Winder, Georgia—specifically, but without limitation, Chapter 14 of the Code of Ordinances for the City of Winder.

(Ord. (W-14-25), § 1, of 6-3-25, eff. 3-1-26; Ord. (W-18-25), § 1, of 9-2-25)

A.

Appeals to the Planning, Zoning, and Appeals Board may be taken by any person aggrieved or affected by any decision of the Zoning Administrator, Building Official, or by any other officer, department, board, or bureau of the City—other than the Mayor and Council.

B.

The appeals specified in Subparagraph A of this Section shall be taken within a reasonable time not to exceed thirty days by filing with City Administrator, and with the Board, a written notice of appeal specifying the decision complained of and the grounds for the appeal. All paper constituting the record upon which the action appealed from was taken shall forthwith be transmitted to the Board.

C.

The Mayor and Council hereby delegate to, and designate, the Board as having been conferred with quasi-judicial powers for the purposes of making decisions specified in this Section pursuant to standards adopted for the exercise of such powers as specified in the Code of Ordinances for the City of Winder, Georgia, including the Zoning Ordinance of the City of Winder, as applicable, related to the item under appeal.

(Ord. (W-14-25), § 1, of 6-3-25, eff. 3-1-26; Ord. (W-18-25), § 1, of 9-2-25)

A.

As used in this Ordinance, the phrase "quasi-judicial" shall have the meaning ascribed to it by O.C.G.A. § 36-66-3(1.1) to the extent that such powers have been delegated or conferred upon the Planning, Zoning, and Appeals Board under this Ordinance.

B.

To the extent the Board is specifically authorized to render any quasi-judicial decision under this Ordinance, the Board shall hold a public hearing before making any such quasi-judicial decisions. Such hearing shall be preceded by the board of zoning appeals or its designee providing publication of a public hearing notice within a newspaper of general circulation in the town no less than thirty (30) days prior to the hearing, and a notice of the hearing shall be mailed at least thirty (30) days prior to the public hearing to the owner of the property that is the subject of the proposed action, or the person or entity filing such an appeal, as applicable. Such notices shall include the application number (if any number is assigned), date, time, location, and purpose of the public hearing.

C.

The Planning, Zoning, and Appeals Board shall possess dual capacity at any meeting to hear and exercise such recommending powers and duties as specified herein, and, during the same meeting, exercise such decision-making and quasi-judicial powers as may be provided for herein—without the need for separate meetings—provided that such items (either recommending or quasi-judicial decision-making) are clearly delineated.

D.

In order to comply with O.C.G.A. § 36-66-5.1(c), the chairperson—or, in the chairperson's absence, the vice-chairperson—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. The chairperson—or, in the chairperson's absence, the vice-chairperson—is also authorized for the purpose of effecting or accepting service of such a petition specified in O.C.G.A. § 36-66-5.1(c) on behalf of the lower judicatory board or agency, during normal business hours, at the regular offices of the local government (City Hall).

E.

The Mayor shall be the elected official authorized to accept service and upon whom service of an appeal of a quasi-judicial decision may be effected or accepted on behalf of the City of Winder, during normal business hours, at the regular offices of the local government (City Hall). Alternatively, for convenience, the City Attorney is also designated as the Mayor's designee for the purposes of this Paragraph.

F.

Appeals of any decisions made by the Planning, Zoning, and Appeals Board shall be taken as provided by Georgia law.

(Ord. (W-14-25), § 1, of 6-3-25, eff. 3-1-26; Ord. (W-18-25), § 1, of 9-2-25)