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Article 17 — Boards and Commissions, Chapter 17-1 — PLANNING AND APPEALS BOARD

current as of 2025-12-16verified current · checked 2026-08-24Officialofficial source ↗11 sections · full chapter

§ 17-1-1

Establishment and Continuation

The Planning and Appeals Board, as it existed on the effective date of this ordinance, shall continue in its present form and function. The Planning and Appeals Board shall consist of seven members, all of whom shall be residents of the city.

§ 17-1-2

Appointments, Terms of Office and Vacancies

Members, including the chairperson and vice-chairperson, shall be appointed by the Governing Body. The seats on the Planning and Appeals Board shall be designated as Seats One, Two, Three, Four, Five, Six and Seven, and the initial terms for said Seats shall be set forth in this as follows.

The initial term for Seat One shall extend through December 31, 2025.

The initial term for Seat Two shall extend through December 31, 2025.

The initial term for Seat Three shall extend through December 31, 2026.

The initial term for Seat Four shall extend through December 31, 2026.

The initial term for Seat Five shall extend through December 31, 2026.

The initial term for Seat Six shall extend through December 31, 2027.

The initial term for Seat Seven shall extend through December 31, 2027.

The Governing Body, upon approval of this Ordinance, shall appoint members, including the chairperson and vice-chairperson, to fill Seats, One, Two, Three, Four, Five, Six, and Seven on the Planning and Appeals Board. After the expiration of the initial terms set forth above, all subsequent members, including the chairperson and vice-chairperson, shall be appointed by the Governing Body to three-year terms, beginning on January 1st of the calendar year, immediately following the expiration of the term or as otherwise appointed. When a position becomes vacant before the end of the term, the Governing Body shall appoint a new member for the duration of the remaining term. A member of the Planning and Appeals Board may be appointed to successive terms and shall continue to serve if such member’s time expires until a successor is appointed.

A member may be removed from the Planning and Appeals Board by a majority vote of the Governing Body for cause, for absenteeism at three successive called or regular meetings or absenteeism at six such meetings in a calendar year, or for other reasons the Governing Body may deem appropriate.

§ 17-1-3

Qualifications of Members and Mandatory Training

In addition to being residents of the City, the Governing Body in its appointment of members to the Planning and Appeals Board shall be bound by the following:

(a)Two members of the Planning and Appeals Board, other than the Chairperson, shall have experience or knowledge in the fields of real estate, land development, architectural design, landscape architecture, building construction, planning or a similar profession.

(b)Four members of the Planning and Appeals Board, other than the Chairperson, shall be recognized community leaders having experience or knowledge in representing the interests of citizens, residential areas or non-profit organizations dedicated to public purposes.

(c)The Chairperson shall be a community leader who has demonstrated the ability to conduct meetings, organize debate and to act in the public interest of the City as a whole.

(d)Within one year of initial appointment to the Planning and Appeals Board, any new member shall attend the Community Planning Institute or comparable training as determined by the Director of Community and Economic and Development.

The Governing Body shall make the sole determination as to the qualifications of any person in meeting the requirements for membership on the Planning and Appeals Board.

§ 17-1-4

Officers

The Chairperson, as appointed by the Governing Body, shall preside over meetings when present. The Planning and Appeals Board shall elect a Vice Chairperson from among its members, who shall serve for one year or until re-elected or until his or her successor is elected.

The Vice Chairperson shall preside at meetings in the absence of the Chairperson.

§ 17-1-5

Bylaws and Rules of Procedure

The Planning and Appeals Board may adopt such by-laws, rules or procedures as appropriate and not in conflict with this Unified Land Development Code, the Zoning Procedures Act, or policies adopted by the Governing Body.

§ 17-1-6

Meetings

The Planning and Appeals Board shall meet each month in accordance with the schedule of meeting dates and times approved by the Community and Economic Development Department Director. Other meetings of the Planning and Appeals Board shall be held at the call of the Director if there is business to be brought before it, or at such other times as the Planning and Appeals Board may determine. All meetings of the Planning and Appeals Board shall be open to the public.

§ 17-1-7

Quorum

A total of four Planning and Appeals Board members present shall constitute a quorum. A majority vote of the quorum shall be necessary to approve any decision or recommendation.

§ 17-1-8

Voting

All Planning and Appeals Board members attending a meeting shall vote on each matter placed before it. A member may abstain from voting only in the instance of a conflict of interest, the nature of which must be stated for the record.

§ 17-1-9

Secretary and Record of Proceedings

The Director of Community and Economic Development or their designee shall serve as secretary to the Planning and Appeals Board. The secretary shall cause summary minutes of its proceedings to be kept, showing the vote of each member on each question, or if absent or failing to vote, and shall cause records of its examinations and other official actions to be kept in recorded form, all of which shall be of public record.

§ 17-1-10

Dissemination and Posting of Actions

The results of each Planning and Appeals Board meeting as to their actions and recommendations shall be forwarded by the Director of Community and Economic Development or their designee to the Governing Body, and they shall be posted in a public place at the Department of Community and Economic Development for a period of at least two weeks following the Planning and Appeals Board meeting.

§ 17-1-11

Powers and Duties

The Planning and Appeals Board shall have without limitation the following powers and duties:

(a)Recommendations on comprehensive plan. Review the provisions of the City’s Comprehensive Plan from time to time, and to make such recommendations to the Governing Body as it deems appropriate concerning its adoption or amendment.

(b)Recommendations on annexation, rezoning and special use applications. Conduct a public hearing on each application for rezoning or special use approval, in accordance with the standards and procedures set forth in this Unified Land Development Code and the Zoning Procedures Law (O.C.G.A. 36-66-1 et seq.), and make such recommendations to the Governing Body as it deems appropriate on each application.

(c)Decisions on variances. Conduct a public hearing and make a final decision in accordance with the procedures and provisions of this Unified Land Development Code on each application for a zoning variance or flood protection variance.

(d)Decisions on administrative appeals. Conduct a public hearing and make a final decision in accordance with the procedures and provisions of this Unified Land Development Code on each appeal of an administrative decision pursuant to this Code or an interpretation of the provisions of this Code by an administrative officer.

In exercising these powers regarding an appeal of an administrative decision, the Planning and Appeals Board may reverse or affirm, wholly or partly, or may modify the order, requirements, decisions or determinations of the administrative official, and to that end shall have the power to direct issuance of a permit.

Other powers. The Planning and Appeals Board shall also have such other powers, duties or responsibilities assigned to it by the Governing Body, explicitly assigned by this Unified Land Development Code, or reasonably implied by Code.