§ 7.2.2. Applications.

A.

Applications for county action that require a public hearing shall be filed with the director of planning, along with a fee as set by the board of commissioners. Applications and procedures shall be made available to the public in the offices of the planning department.

B.

The processing of said applications shall be based upon an annual calendar and resolution prepared by the director of planning and adopted by the board of commissioners. This calendar shall be made available to the public in the offices of the planning department.

1.

The director of planning shall be authorized to establish application submittal requirements necessary to obtain sufficient information to allow for a compliance review of the application as well as forms and instructions for each application type or petition. No application shall be processed by the director of planning unless it complies with the procedural requirements of this chapter and is found to be a complete application.

2.

Any application that is found to be incomplete during the review for completeness shall be rejected from processing and returned to the applicant. Return of the rejected application shall constitute notice of the rejection to the applicant.

3.

No major change to an application may be accepted later than the required deadline for advertising in the legal organ or a newspaper of general circulation within the county. There shall be no refund of application fees after the planning department has accepted an application.

4.

The following shall constitute a major change to an application that shall result in deferral and/or re-advertising of the application:

a.

The movement of any building or structure adjacent to an exterior boundary line, closer to the boundary line of the property;

b.

Any increase in the number of dwelling units or any increase in the total amount of floor space of any nonresidential building;

c.

Any decrease in the size of residential units;

d.

Any increase in the number of curb cuts;

e.

Any decrease in the buffer requirements;

f.

Any increase in the height of any building or structure;

g.

Any change in the proportion of floor space devoted to different authorized uses;

h.

Any change in the zoning classification requested; or

i.

Any change in the land use plan classification that increases the density of the proposed use.

5.

A change to a site plan or proposed condition of zoning associated with an application, which change has been accepted and allowed to be part of the application, may be deferred by the board of commissioners for a full-cycle review if the board of commissioners determines such review is reasonably necessary as a result of the change. The amended application shall be treated as if it were a new application, for the purposes of publication, review, notice and hearings, as required under this article, including review by the community council and planning commission. An amendment to an application shall not change the original filing date of that application. An amended application shall not require a new application fee. However, in the case of a deferral requested by the applicant, the applicant shall pay a required re-advertising fee.

C.

Application fees. The application fees for special land use permits, amendments to the official zoning map and comprehensive plan map amendments shall be as established by the board of commissioners.

D.

Site plan preparation. The director of planning shall publish a checklist of requirements for site plans submitted pursuant to this zoning ordinance. All site plans submitted pursuant to this zoning ordinance shall be submitted with the applications to which they apply and shall comply with the checklist requirements.

E.

Notice of applications filed. The secretary of the planning commission shall, no later than twenty-one (21) days following each closing date for receipt of applications, provide the board of commissioners with a list of all applications and amendments filed. The listing of applications shall be reasonably made available to the public.

F.

Withdrawal of application by applicant. Applications may not be withdrawn without permission after they have been filed for advertising for public hearing, except as otherwise provided herein.

G.

Clerk to the chief executive officer and the board of commissioners to provide signed copy of final actions taken by the board of commissioners to director of planning to be noted on official zoning maps. The clerk to the chief executive officer and the board of commissioners shall, after any final action taken by the board of commissioners, provide to the director of planning a signed, certified copy of each such action. The director of planning shall cause all relevant documents to be amended accordingly to reflect the final action approved by the board of commissioners.

H.

Resubmittal of rejected or denied applications.

1.

Rezoning .

a.

If an application for rezoning is denied or assigned a zoning classification other than the classification requested in the application, then no portion of the same property may again be considered for rezoning for a period of twenty-four (24) months from the date of the board of commissioners' final decision.

b.

Notwithstanding paragraph a. above, the board of commissioners may by resolution reduce the twenty-four-month time restriction between applications to a period no less than the minimum required by the O.C.G.A. § 36-66-1 et seq., as it now exists and may be amended hereafter, which currently is six (6) months as of the date of adoption of this ordinance.

c.

An applicant may request that the board of commissioners allow withdrawal of an application without prejudice, in which case, if approved, no minimum time period need expire before a subsequent application for rezoning of the property may be accepted by the director of planning.

2.

Variance.

a.

An application for a variance affecting all or a portion of the same property for which an application for variance for the same regulation was denied shall not be submitted before twenty-four (24) months have passed from the date of final decision by the zoning board of appeals on the previous variance.

b.

The zoning board of appeals may reduce this twenty-four-month time restriction by resolution, provided that the time restriction between the date of said denial and any subsequent application affecting the same property shall be no less than six (6) months.

3.

Special land use permit.

a.

An application for a special land use permit affecting all or a portion of the same property for which an application for the same special land use was denied shall not be submitted before twenty-four (24) months have passed from the date of final decision by the board of commissioners on the previous special land use permit.

b.

Notwithstanding paragraph a. above, the board of commissioners may by resolution reduce the twenty-four-month time restriction between applications to a period no less than the minimum required by the Zoning Procedures Law, O.C.G.A. § 36-66-1 et seq., which is six (6) months as of the date of adoption of this ordinance.

( Ord. No. 15-06 , 8-25-2015)