§ 410. Procedures: variances, conditional use and amendments.

(a)

Preapplication conference.

(1)

Preapplication conference: Recommended. Any applicant seeking approval for a proposed zoning action is advised to engage in a preapplication conference. Prior to filing an application, an applicant may meet with the zoning administrator and the county staff development review committee and discuss their intentions with regard to a given application and questions regarding the procedures or substantive requirements of this section. The applicant should bring sufficient information including sketch maps of the site, a description of the existing environmental, topographical and structural features on the site, the proposed project or use, graphics that illustrate the scale, location and design of any buildings or structures to the extent known, and a list of the issues to be discussed at the conference. No matters discussed at said meeting shall be binding on either the applicant or the county.

(2)

Preapplication conference: Mandatory. Any applicant seeking approval for a proposed zoning action involving:

a.

A residential use of more than 50 dwelling units;

b.

A nonresidential use that would generate an additional 500 or more vehicle trips per day as defined by the Institute of Traffic Engineers Trip Generation Manual;

c.

A planned unit development; or

d.

A development of regional impact, is required to engage in a preapplication conference with the zoning administrator and the county staff development review committee at its regularly scheduled monthly meeting or such other meeting as the zoning administrator may determine.

The zoning administrator may waive the preapplication conference requirement in cases where it is clear such a waiver is not detrimental to the applicant or the county.

(b)

Application.

(1)

The developer or owner submitting a request for a variance, conditional use, or an amendment to the official map or text of the zoning ordinance (hereinafter in this section collectively referred to as a "zoning request") must have at least 51 percent ownership of the subject property or be the duly authorized agent of such a person, possessing notarized authorization in writing, under the owner's signature. The planning and zoning commission or board of commissioners may also propose a zoning request.

(2)

Application for a zoning request may be made with the zoning administrator. The zoning administrator will take the required information and transmit it to the planning and zoning commission for its consideration. The planning and zoning commission shall hold a public hearing on all variances and shall make the final decision on all variances, unless such decision is appealed to the board of commissioners in accordance with the provisions of section 409. The board of commissioners shall hold a public hearing on all conditional uses and amendments and shall make the final decision on all conditional uses and amendments, after receiving a recommendation on the conditional use or amendment from the planning and zoning commission. The planning and zoning commission may at its option hold a public hearing on a conditional use or amendment prior to making its recommendation to the board of commissioners.

(3)

No application is to be accepted from any person in violation of the Bulloch County Code of Ordinances. If an applicant for a zoning request or any other action by the planning and zoning commission is, at the time of such application, determined by the zoning administrator to be in violation of the Bulloch County Code of Ordinances, then the zoning administrator will be prohibited from accepting or processing any application from that applicant until the applicant voluntarily removes or changes the cause of the violation and ceases to be in violation. The applicant must notify the zoning administrator that he has ceased the violation and obtain a release from the zoning administrator as to the violation. When the applicant has ceased to be in violation of the Bulloch County Code of Ordinances, the zoning administrator will then accept the application for a zoning request. A receipt showing that all county ad valorem taxes on the subject property have been paid and that no delinquencies exist must be submitted with all applications for zoning requests. The zoning administrator may waive the requirements of this paragraph when the zoning administrator, in his discretion, determines that the enforcement of these requirements would cause an extraordinary and undue hardship on the applicant, and that the waiver of these requirements will not have a significant negative impact on the safety, benefit or welfare of the public.

(c)

Notification.

(1)

Notice of the hearing must be published in a newspaper of general circulation in the county at least 15 days but not more than 45 days before the hearing. Such notice will state the time, place and purpose of the hearing. If the zoning request is for an amendment to rezone property from one district to another and is initiated by a party other than the board of commissioners, then the notice shall also include the location of the property, the present zoning district of the property, and the proposed zoning district of the property.

(2)

If the zoning request is for a particular parcel or parcels of property and is initiated by a party other than the board of commissioners, the zoning administrator shall post a sign in a conspicuous place on the property at least 15 days prior to the date of the scheduled public hearing. The sign should set forth the purpose, date, time, and place of the scheduled public hearing, and the present and proposed zoning districts in case of a rezone.

(3)

The planning and zoning commission shall make its recommendation respecting a requested conditional use or amendment to the board of commissioners within 60 days of the filing of the application. If the planning and zoning commission fails to send its recommendation to the board of commissioners within the aforesaid 60 days, it shall mean that the planning and zoning commission recommends approval of the conditional use or amendment. Provided, however, that the planning and zoning commission may defer making its recommendation on a conditional use or amendment for more than sixty (60) days with the consent of applicant. After receipt of the recommendation of the planning and zoning commission, the board of commissioners shall conduct a public hearing on the proposed conditional use or amendment.

(d)

General guidelines.

(1)

Any person desiring a transcript of the hearing must arrange for a court reporter at their own expense.

(2)

Zoning requests shall, as a general rule, be called in the order in which they are received by the county, provided that nothing shall prevent the commission or board from changing the order of decisions reviewed at the time of the hearing for the convenience of the commission or board and the public.

(3)

The chairperson will read or cause to be read a summary of the proposed zoning request under consideration prior to receiving public input.

(4)

As a general rule, the chairperson shall call each person who has signed up to speak on the zoning request in the order in which the persons have signed up to speak, except for the applicant, who will always speak first, or if the board of commissioners has brought a zoning request to the hearing, then the commissioners shall speak first.

(5)

Nothing contained herein shall be construed as prohibiting the commission or board from taking reasonable steps necessary to insure that hearings are conducted in a decorous manner, to assure that the public hearing on each zoning request is conducted in a fair and orderly manner.

(6)

The planning and zoning commission and board of commissioners will make a decision concerning the zoning request and record the decision in the minutes for that meeting.

(e)

Public comments.

(1)

Written comments on the subject of the hearing may be submitted by any citizen or property owner at any time prior to the adjournment of the hearing.

(2)

All persons who wish to address the planning and zoning commission or board of commissioners at a hearing concerning a zoning request shall first sign up on a form to be provided by the county prior to the commencement of the hearing. Only those persons signed up to speak prior to the commencement of the hearing shall be entitled to speak, unless the chairperson of the planning and zoning commission or board of commissioners, in his discretion, decides to make an exception at the time of the hearing, notwithstanding the failure of the person to sign up prior to the hearing.

(3)

Each side will be allowed a minimum time period of ten minutes to make its presentation. The length of time of oral presentations permitted to each speaker will be determined by the chairperson of the planning and zoning commission or board of commissioners, and will depend upon the number of persons present and desiring to speak and the complexity of the zoning request under consideration.

(4)

All questions will be addressed to the chairperson of the planning and zoning commission or board of commissioners.

(5)

Each speaker shall speak only to the merits of the proposed zoning request under consideration and shall address his or her remarks only to the members of the planning and zoning commission or board of commissioners.

(6)

Each speaker shall refrain from personal attacks on any other speaker or from discussing facts or opinions irrelevant to the proposed zoning request under consideration.

(7)

The chairperson of the planning and zoning commission or board of commissioners may limit or refuse a speaker the right to continue, if the speaker, after first being cautioned, continues to violate this subsection.

(8)

Prior to speaking, the speaker will identify himself or herself and state his or her current address, and if an attorney or other designated agent, identify his or her principal.

(9)

The merits of the zoning request shall include, but not necessarily be limited to, evidence or opinions regarding devaluation, fair market value, nuisance, environmental concerns, traffic, noise, aesthetics and in general, the health, welfare and benefit of the community or county as it is affected by the zoning request. The speaker shall refrain from comment on unrelated zoning issues and unrelated tracts of land.

(f)

Decisions.

(1)

The board of commissioners is not bound by the recommendation of the planning and zoning commission. The board of commissioners may grant or deny the application for a zoning request and, if granted, establish such additional conditions and development standards as it deems appropriate to satisfy the standards in article 4.

(2)

The planning and zoning commission may impose conditions on variances and recommend conditions on conditional uses and amendments as may be necessary to protect the health and safety of the workers and residents and to protect the surrounding landowners and neighborhoods.

(3)

After reviewing the record of the public hearing and considering recommendations from the planning and zoning commission, the board of commissioners may approve or deny the requested amendment, reduce the land area for which the amendment is requested, change the district or land use category requested, or impose conditions which may restrict the use or development of the property in a manner not otherwise required by this section. Any such conditions imposed by the board of commissioners shall be incorporated into this section and shall become a part of the official zoning map, whether or not actually entered upon the official zoning map.

(4)

The power to approve a variance rests with the planning and zoning commission, except that in consideration of a rezoning of property from one zoning district to another or a conditional use the board of commissioners may approve a variance in connection with its approval of a conditional rezoning or conditional use.

(5)

The power to approve a conditional use and enact an amendment rests with the board of commissioners.

(g)

Deferrals.

(1)

Prior to the close of the hearing, the planning and zoning commission or board of commissioners shall announce whether it will vote on the zoning request at that same hearing or whether it will defer its vote for a period not to exceed 45 days. Provided, however, that the planning and zoning commission or board of commissioners may defer its vote on a zoning request for more than 45 days with the consent of the applicant.

(h)

Withdrawals.

(1)

An application for a zoning request or the appeal of the denial of a zoning request may be withdrawn by the applicant as a matter of right until 5:00 p.m. the day prior to the meeting of the planning and zoning commission or the board of commissioners at which such application is scheduled to be heard. Such withdrawal must be in writing and must be received by the zoning administrator by 5:00 p.m. the day before the scheduled meeting.

(i)

Reapplication.

(1)

If an application for a zoning request is denied, an application for a zoning request that is substantially the same may not be filed with the zoning administrator until at least six months following the denial.

(Amd. of 11-6-07(3); Amd. of 8-2-11)

Editor's note

An amendment adopted Nov. 6, 2007(3), enacted provisions designated as §§ 409—414, and have been treated as superseding the former §§ 410—414, which pertained to similar subject matter and derived from an ordinance adopted April 3, 2001; an ordinance adopted May 1, 2001; an amendment adopted June 4, 2002(1); an amendment adopted Nov. 5, 2002; an amendment adopted Aug. 3, 2004; and an amendment adopted April 5, 2005(3).