December 28, 1999

Item 17 on the January rezoning agenda is a zoning ordinance text amendment.

The Planning Commission meets to discuss this on Tuesday January 4th. It will be the last item on the agenda. The county Board of Commissioners will consider this item on January 25th.


I

By amending Section 27-45(A)(1) to add the R-A5 and R-50 zoning districts as permitted within the land use category specified therein.

II

By deleting from Sec. 27-827 the sentence stricken as follows indicated with [ ]

All applications for amendments to the Comprehensive Plan land use maps and the official zoning map shall be filed with the Director of Planning on forms provided by the Department of Planning. The processing of said applications shall be based upon an annual schedule prepared by the Department of Planning and adopted by the Board of Commissioners. [ No application shall be amended later than the required deadline for advertising by the legal organ of the county prior to the scheduled heating before the Planning Commission. ] There shall be no refund of application fees after an application has been accepted by the Planning Department.

and substituting in lieu of this stricken sentence the following:

No application shall be amended later than the scheduled hearing before the Planning Commission. This prohibition shall not prohibit the Planning Staff, the Planning Commission or the Board of Commissioners from approving a zoning classification other than the one requested by the applicant. This prohibition also shall not prohibit the Board of Commissioners from imposing conditions of approval other than those requested by the applicant, provided such conditions at least were discussed before the Planning Commission or are reviewed as required by Sec. 27-833(B).

III

By deleting from Sec. 27-833(A) the sentence stricken as follows indicated with [ ]:

Sect. 27-833(A) conditions may be imposed so as to ameliorate the effects of the proposed developmental change for the protection or benefit of neighboring persons or properties consistent with the purpose and intent of the district(s) involved, and the goals and objectives of the Comprehensive Plan and state law. [ No condition shall be imposed which reduces the requirements of the district(s.) involved. ] All conditions shall be of sufficient specificity to allow lawful and consistent application and enforcement. All conditions shall be supported by a record that evidences the relationship between the condition and the impact of the developmental change. No condition in the form of a development exaction for other than a project improvement shall be imposed within the meaning of the Georgia Development Impact Fee Act, as amended.

and substituting in lieu of this stricken sentence the following:

No condition shall be imposed which reduces the requirements of the district(s) involved unless warranted by an environmental or other substantial concern.



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