Forsyth County › Unified Development Code
Chapter 8 — Zoning and Application Procedures, Article 3 — PUBLIC HEARINGS AND NOTICES FOR ALL APPLICATIONS
§ 8-3.1
Public Hearing Required.
All applications as specified in this chapter shall require a public hearing prior to action on said application.
§ 8-3.2
Who Holds Hearings.
The Planning Commission, Zoning Board of Appeals, or Board of Commissioners shall hold a public hearing on all applications. The public hearing shall constitute the public hearing that is required by the State Zoning Procedures Law (Title 36 of the Official Code of Georgia Annotated, sections 36-66-1 et seq.). All public hearings shall be heard in accordance with the annual schedule prepared for and adopted by each individual board, and as may be amended periodically. Public hearings shall be heard by:
(A)Planning Commission. The Planning Commission is hereby designated as the board that shall hold a public hearing on applications to amend the text of this Code, rezoning applications, conditional use permits, home occupations, and mobile vending. The Planning Commission shall also hold the public hearing on all variance requests that were filed and scheduled to be considered simultaneously and pertaining to the same property with a rezoning, conditional use permit, home occupation application, or mobile vending application. Recommendations on approval or denial of variances shall be made in accordance with the provisions set forth in Article VI of this Chapter.
(B)Zoning Board of Appeals. The Zoning Board of Appeals is hereby designated as the board that shall hold a public hearing on all appeals of administrative decisions and all variances; with the exception of variance requests that are approved administratively pursuant to 8-6.4(A); variance requests that would simultaneously apply to four (4) or more existing or proposed lots or units within a single subdivision;
variance requests for undisturbed areas of separation as described in section 18-12.1 of this Code; or for variance requests that were filed and scheduled to be considered simultaneously and pertaining to the same property with another application in which the authority to hold the public hearing rests with either the Planning Commission or Board of Commissioners.
(C)Board of Commissioners. The Board of Commissioners is hereby designated as the board that shall hold the second public hearing on all amendments to the text of this Code. The Board of Commissioners shall also hold public hearings on all sketch plat applications and all variance applications that would simultaneously apply to four (4) or more existing or proposed lots or units within a single subdivision that are not being simultaneously considered with a rezoning, or conditional use permit application. The Board of Commissioners shall also hold the public hearing for appeals of Zoning Board of Appeals decisions and zoning condition amendments. The Board of Commissioners shall also hold the public hearing on variance requests for undisturbed areas of separation as described in section 18-12.1 of this Code. Delegation of public hearings to the Planning Commission or Zoning Board of Appeals in no way abrogates the right of the Board of Commissioners to initiate and conduct, at its discretion, a public hearing for any application.
§ 8-3.3
Advertisement of Public Hearings.
Applications to amend the text of this Code shall be advertised in accordance with (A) and (B) of this section. All other applications shall be required to meet the following public hearing notice requirements:
(A)Preparation of Public Notice. Notice of public hearings before the Planning Commission and the Zoning Board of Appeals shall be prepared and presented for publication by the director. Notice of public hearings before the Board of Commissioners shall be prepared and presented for publication by the county manager.
(B)Newspaper for Zoning Decisions. All applications pertaining to zoning decisions as defined in O.C.G.A. 36-66-3(4) shall require a public hearing preceded by publication of a public hearing notice within a newspaper of general circulation in Forsyth County at least fifteen (15), but not more than forty-five (45) days prior to the date of the public hearing. All such notices shall include, with the exception of amending the text of this Code, the application number, date, time, location, and purpose of the public hearing. In addition, the following additional notice requirements shall be provided:
(1)Rezonings: Existing and proposed zoning classifications;
(2)Zoning Condition Amendments: Application number of which conditions are being requested to be modified;
(3)Conditional Use Permits: Proposed use and existing zoning district; and
(4)Variances in conjunction with a rezoning and/or conditional use permit: Proposed Code provisions requested to be modified. Each article of this Code requested to be varied shall be separately identified.
(B.1) Newspaper for Hearings before Quasi-Judicial Officers, Boards, or Agencies. All applications before quasi-judicial officers, board, or agencies as defined in O.C.G.A. 36-66-3(1.1), shall require a public hearing preceded by publication of a public hearing notice within a newspaper of general circulation in Forsyth County at least thirty (30) days prior to the date of the public hearing. Such notices shall include the application number, date, time, location, and purpose of the public hearing. In addition, the following additional notice requirements shall be provided:
(1)Home Occupation applications, Mobile Vending applications, and Sketch Plats: Proposed use and existing zoning district;
(2)Variances: Proposed Code provisions requested to be modified. Each article of this Code requested to be varied shall be separately identified in all required notices;
(3)Appeals of Administrative Decisions: Purpose of the appeal; and,
(4)Appeals of Zoning Board of Appeals Decisions: Purpose of the appeal.
(C)Public Hearing Sign(s) for Zoning Decisions. Public Hearing signs related to zoning decisions as defined in O.C.G.A. 36-66-3(4) shall comply with the following procedures.
(1)A public hearing sign shall be placed in a conspicuous location on the subject property at least twenty-one (21), but not more than forty-five (45) days prior to the date of the scheduled hearing.
The required sign shall state the time, place and purpose of the public hearing.
(2)A sign affidavit shall be submitted to the department no later than the twenty-first day prior to the date of the scheduled hearing. Failure to turn in the sign affidavit by this deadline shall require an additional Zoning Review meeting for rezoning and conditional use permit applicants.
(3)Where the land owned by the applicant does not border upon a public road in order that a passersby may see the sign which provides the public notice, the required sign shall be placed on the right-of-way of a public road nearest the property in question as well as upon the subject property.
(4)Acts of vandalism or natural occurrences which may diminish the effectiveness of the public notice provided shall not void any proceedings or actions taken by any of the three boards or the director.
(5)Once the Board of Commissioners has made a final decision upon any application requiring a public hearing, the applicant shall be responsible for the removal of all public hearing signs. Failure to do so will result in a fine of one hundred dollars ($100) per day until the sign(s) are removed.
Calculation of the fine shall begin three (3) days after the motion to act on the application or the date the application is withdrawn.
(C.1) Public Hearing Sign(s) for Hearings before Quasi-Judicial officers, boards, or agencies. Public Hearing signs related to hearings before quasi-judicial officers, board, or agencies as defined in O.C.G.A.
36-66-3(1.1) shall comply with the following procedures.
(1)A public hearing sign shall be placed in a conspicuous location on the subject property at least thirty
(30)days prior to the date of the scheduled hearing. The required sign shall state the time, place and purpose of the public hearing.
(2)A sign affidavit shall be submitted to the department no later than the twenty-first day prior to the date of the scheduled hearing. Failure to turn in the sign affidavit by this deadline shall require an additional Zoning Review meeting for sketch plat, home occupation, and mobile vending applicants.
(3)Where the land owned by the applicant does not border upon a public road in order that a passersby may see the sign which provides the public notice, the required sign shall be placed on the right-of-way of a public road nearest the property in question as well as upon the subject property.
(4)Acts of vandalism or natural occurrences which may diminish the effectiveness of the public notice provided shall not void any proceedings or actions taken by any of the three boards or the director.
(5)Once the Zoning Board of Appeals, Planning Commission, or Board of Commissioners, as applicable, has made a final decision upon any application requiring a public hearing, the applicant shall be responsible for the removal of all public hearing signs. Failure to do so will result in a fine of one hundred dollars ($100) per day until the sign(s) are removed. Calculation of the fine shall begin three (3) days after the motion to act on the application or the date the application is withdrawn.
(D)Mailed Notice. Pursuant to O.C.G.A. § 36-66-4(g), at least thirty (30) days prior to the required public hearing for variances, sketch plats, home occupation, appeals of administrative decisions, appeals of Zoning Board of Appeals decisions, and mobile vending applications, the director shall cause a notice of hearing to be mailed to the owner whose property or interest is the subject of such hearing, as applicable.
(E)Alternate Design. Public hearings regarding Alternate Designs, as provided in Chapters 11, 12 and 21, shall be noticed and advertised in accord with section 8-3.3 (B.1), (C.1), and (D). The conduct of public hearings for Alternate Designs shall be in accordance with section 8-3.4, as applicable.
(F)Additional Information. The director may request additional information regarding public notice if said information is deemed necessary to help the public understand the application request.
§ 8-3.4
Conduct of Public Hearings and Procedures for Considering Applications.
8-3.4 Conduct of Public Hearings and Procedures for Considering Applications. The following
procedures shall govern public hearings held for purposes of considering applications as specified in this Chapter.
(A)Presiding officer. The public hearing shall be conducted by the presiding officer. The presiding officer shall be the Chairman, or in the Chairman’s absence, a designated member of the body hearing the request according to each board’s rules and procedures.
(B)Requirements for speakers. Persons wishing to speak in support (including applicant and designated spokesperson) or opposition to any application shall provide their name and address on the specified form to county staff prior to speaking at the public hearing. In addition, each person shall be required to disclose any campaign contributions/gifts equal to or greater than $100 given to any Forsyth County elected official within two (2) years of the public hearing date.
(C)Time limits. Speakers at the public hearing shall be allowed no less than ten (10) minutes per side for the presentation of data, evidence and opinions, provided, however, that the presiding officer may at his or her discretion elect to extend this time period equally to proponents and opponents. The presiding officer may also, at his or her discretion, permit presentations by other persons and allow the same to exceed the allotted times.
(D)Actions made in public. Any recommendation, finding, decision, or other action taken by the Planning Commission, Zoning Board of Appeals, or Board of Commissioners will be made in public, at the time of the public hearing or at the time said application is continued or deferred for future consideration at a regular meeting of the respective body; provided, however, that an application may be tabled only by the Board of Commissioners.
(E)Effect of Board Decisions. All findings, or other action of the Planning Commission regarding applications for rezoning and conditional use permits, shall be in the form of recommendations to the Board of Commissioners. The findings and decision of the Zoning Board of Appeals shall be final unless a person aggrieved shall, within ten (10) days of such decision, petition the Board of Commissioners of Forsyth County to review the decision. All decisions by the Board of Commissioners shall be final, although an appeal of a Board decision may be made in conformance with Article XII of this Chapter.
(F)Any property owner or developer, as is applicable, that is granted a rezoning, zoning condition amendment, or conditional use permit under this Code shall have eighteen (18) months to commence development based upon the provisions of this Code that existed at the time the rezoning application, zoning condition amendment application, or conditional use permit application was accepted by the County. This time period may be increased by the Director up to a maximum of five (5) years for projects over ten (10) acres within an industrial zoning district, upon a showing that development of the site is progressing at a reasonable pace in light of the existing physical and economic conditions as well as the complexity of the project. For purposes of this paragraph, the phrase “commence development” shall mean the application for and issuance of a land disturbance permit for a development that is authorized by the granted rezoning, zoning condition amendment, or conditional use permit. It is not the intention of this paragraph that the receipt of a permit unaccompanied by completion of the work authorized by the permit shall result in an entitlement to avoid future amendments to this Code. It is, rather, the intention of this Code that the application for and issuance of a land disturbance permit is part of a continuous and ongoing land development process. Expiration of the issued land disturbance permit anticipated in this paragraph, with the permitted work not having been completed, shall result in the property owner or developer, as is applicable, having to comply with that version of the Code that exists at the time of tendering any subsequent land disturbance permit application.
ARTICLE IV, AMENDING THE TEXT OF THIS CODE: