§ 44-162. Planning commission (board).

The McDuffie County Planning Commission is hereby established. The organization and rules of conduct are as follows:

(1)

Organization. The planning commission board shall be organized as follows:

a.

Membership. The planning commission shall consist of five members appointed by the board of commissioners. Members shall be resident taxpayers of McDuffie County.

b.

Terms of office. One member shall be appointed for a term of one year, two members shall be appointed for a term of two years, and two members shall be appointed for a term of three years. Thereafter, all appointments shall be made for terms of three years each. When vacancies occur prior to the expiration of a regular term, they shall be filled in the same manner as a regular appointments, but shall serve only until the expiration of the term in which the vacancy occurred.

c.

Officers. The members shall elect from among their number a chairman and vice-chairman to serve for a term of one year. When vacancies occur prior to the expiration of a regular term, they shall be filled in the same manner as a regular appointments, but shall serve only until the expiration of the term in which the vacancy occurred.

d.

Compensation. In the performance of its duties, the planning commission board members may incur such reimbursed expenses as shall be authorized by the board of commissioners. Each member may receive compensation for their services at a rate set and approved by the McDuffie County Board of Commissioners.

(2)

Jurisdiction. The planning commission board shall have the following duties and powers:

a.

To review applications for changes to zoning classifications (i.e., zoning changes), to hear after prescribed public notice, public testimony regarding the proposed changes; to review the current comprehensive plan and future land use map, as applicable; to consider the effect of the proposal upon the public welfare; and to render a written recommendation to the board of commissioners regarding proposed amendments to the comprehensive plan, land development code, official zoning map, or other amendments to these regulations.

b.

To review proposed land use compatibility measures recommended by the development code administrator during administrative review to mitigate potential impacts between proposed and existing land uses. The planning commission may affirm or modify the recommended land use compatibility mitigation measures as is necessary to advance the objectives of this chapter.

c.

To hear and decide special exceptions to the requirements of these regulations which the planning commission board shall recommend to the board of commissioners in accordance with these regulations. In granting a special exception or modification, the board of commissioners should determine that:

1.

The use meets or exceeds all required conditions.

2.

The use is not detrimental to the public health or general welfare.

3.

The use is appropriately located with respect to transportation facilities, water supply, fire and police protection, waste disposal, and similar services.

4.

The use will not violate neighborhood character nor adversely affect surrounding land uses.

d.

To recommend variances from the terms of these regulations as will not be contrary to the public interest where, owning to special conditions, a literal enforcement will, in an individual case, result in unnecessary hardship, so that the spirit and intent of these regulations shall be observed, public safety and welfare secured, and substantial justice done. Such variance may be granted in such individual case of unnecessary hardship upon a finding by the board that:

1.

There are extraordinary and exceptional conditions that are peculiar to the particular property in question because of its size, shape, or topography.

2.

The application of these regulations to this particular piece of property would create an unnecessary hardship that is inconsistent with the spirit and intent of this chapter.

3.

Relief, if granted, would not cause substantial detriment to the public good or impair the purpose and intent of these regulations.

4.

The requested relief is necessary to ensure that the property owner is entitled to the same basic development rights and privileges as other similarly zoned properties and does not grant the applicant special rights and privileges to which other similarly zoned property owners are not also entitled.

5.

The proposed relief will grant the minimum deviation from the requirements of this chapter that is necessary to mitigate the hardship.

6.

Mere inconvenience to the property owner shall not constitute justification for the granting of an application, nor shall the number or proponents or opponents in itself be a singular factor in the granting or denying an application.

(3)

Procedural rules. The procedural rules for the planning commission (board) shall be as follows:

a.

Meetings. Each meeting of the planning commission (board) shall be held on the first Tuesday of each month at 7:00 p.m., unless there is a conflicting holiday, whereby the regular meeting will take place on the following Tuesday. Should there be no agenda for the board to address, the board shall not be required to meet. The planning commission (board) may schedule such special meetings or work sessions as may be deemed necessary by the chairman to conduct its business. All meetings shall comply with the Georgia Open and Public Meetings Act (O.C.G.A. § 50-14-1) of 1988, and public notice as to the date, time and location shall be posted accordingly.

b.

Rules. The planning commission (board) shall have the power to adopt all rules necessary for the transaction of its business and for carrying out the powers granted to it.

c.

Voting. The concurring vote of a majority of the board members at a meeting attended by at least three board members shall be necessary to make any applicable decision upon which the planning commission (board) is required to determine. All votes shall be cast according to a roll call unless so noted as being unanimously approved.

d.

Record of meetings. The board shall keep minutes of its proceedings and shall maintain records of its official actions. Records of meetings shall be filed and maintained in the office of the development code administrator, and shall be public record.

e.

Absences. Any time there is three consecutive absences, or five absences during any 12-month period, by a planning commission board member, that Commissioner's term is subject to immediate expiration by the board of commissioners, and the development code administrator shall notify the board of commissioners in writing of the attendance record of the subject planning commission (board) member and why a new appointment is required.

(Ord. of 3-23-99, Art. VIII, § 2)