§ 7.2.4. Public hearings.


Latest version.
  • A.

    Zoning decisions. The term "zoning decision" is defined in article 9 by reference to the definition of "zoning decision" set forth in state law, O.C.G.A. § 36-66-3, as it now exists and may be amended hereafter.

    B.

    Zoning decisions initiated by the county. For any zoning decision initiated by the county at least fifteen (15) but not more than forty-five (45) days prior to the date of the public hearing before the board of commissioners, the county shall cause to be published within a newspaper of general circulation within the territorial boundaries of the county, a notice of the hearing. The notice shall state the time, place, and purpose of the hearing.

    C.

    Zoning decisions, appeals to the zoning board of appeals, variances, extensions of special land use permits, and major modifications of conditions initiated by a party other than the county. For any zoning decision, appeal to the zoning board of appeals, variance, extension of special land use permits, or major modification of conditions initiated by a party other than the county, notice of the public hearing shall be provided as follows:

    1.

    Written notice of each public hearing shall state the nature of the proposed change, and the date, time, and place of the public hearing before either the planning commission, zoning board of appeals or the board of commissioners and shall be mailed by first class mail by the director of planning to all owners of property within two-hundred-fifty (250) feet of the boundaries adjoining the subject property, as such property owners are listed on the records of DeKalb County tax commissioner, at least fifteen (15) days and not more than forty-five (45) days prior to said public hearing.

    2.

    Signs shall be posted on the subject property at least fifteen (15) days and not more than forty-five (45) days prior to the public hearing before the board of commissioners, the planning commission or the zoning board of appeals. The required information on each sign shall be as provided in O.C.G.A. § 36-66-1 et seq., as it now exists and may be amended hereafter. At least one (1) sign shall be posted on each street on which the subject property has frontage in a conspicuous location within ten (10) feet of the right-of-way. One (1) additional sign shall be posted for each additional five hundred (500) feet of frontage or fraction thereof in excess of five hundred (500) feet of frontage on each street on which the subject property has frontage. Signs shall be double-faced and posted so that the face of the sign may be read by the traveling public in both directions, and the applicant shall pay a sign fee, in an amount to be established by the board of commissioners, to the planning department.

    3.

    One (1) notice sign may serve both the application for an amendment to the official zoning map and/or the application for a special land use permit, as long as the sign states the relevant information for all hearings relating to those actions.

    4.

    A dated photograph of each sign shall be submitted by the applicant to the director of planning as evidence of its proper posting.

    5.

    The county shall cause a notice of each public hearing regarding a proposed zoning decision to be published in a newspaper of general circulation within the county at least fifteen (15) days and not more than forty-five (45) days prior to the public hearing. The notice shall include the date, time and place of the hearing before the planning commission, the board of commissioners, and/or the zoning board of appeals, the address of the property, the present zoning classification of the property, the proposed zoning classification of the property, the nature of the variance sought, and the proposed special land use, as applicable.

    D.

    Staff's analysis and written recommendations shall be available in the planning department and on the departmental website within six (6) business days prior to any public meeting held by the zoning board of appeals, the planning commission or the board of commissioners.

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