§ 44-163. Open meetings and public hearings (calling and conduct).

(a)

Meetings, public hearings, and findings of fact. All meetings, public hearings, and presentations of findings of fact concerning any action(s) promulgated under this chapter shall be submitted before the following bodies accordingly:

(1)

Planning commission. All applicants seeking an amendment to the development code text, to the official zoning map (i.e., zoning changes), or, to the future land use map, variance from the requirements of the development code or, approval of a preliminary plat/plan or a final plat/plan shall have an opportunity to present facts, reports, and/or evidence to the planning commission board at the time of either their regularly scheduled meeting, or at a special meeting. At any regular or special meeting concerning these matters, the planning commission board shall study and take into consideration factors specified in article I, section 44-3, and any staff reports when considering variances, and will determine if the application for development activity or variance meets the requirement of this chapter, and other county ordinances, as applicable. The planning commission shall make a written record of its recommendations on the proposed application and, unless appealed, forward a copy of such recommendation to the board of commissioners to render a final decision on approval or disapproval.

(2)

Board of commissioners. All applicants imposed of a special exception condition, seeking an amendment to the development code text, to the zoning map, to the future land use map, or a variance from the requirements of the development code shall have an opportunity to present facts, reports, and/or evidence to the board of commissioners at a public hearing or meeting. At any public hearing or meeting concerning such matters, the board of commissioners shall study and take into consideration factors specified in article I, section 44-3. The board of commissioners shall hold and conduct, as appropriate to the requirements of this chapter, a public hearings/meeting in compliance with the Georgia Open Meetings Act of 1988 (O.C.G.A. § 50-14-1), and the Georgia Zoning Procedures Act of 1986 (O.C.G.A. § 36-66-5). The board of commissioners, taking into consideration the findings and recommendations of the planning commission (board), shall render a final decision or action on the applicable development activity being petitioned before them. Appeals of final decisions of the board of commissioners may be initiated within 30 days by appealing such decision to the superior court of McDuffie County as prescribed in article IX, section 44-185(d).

(b)

Notice of public hearing. At least 15 but not more than 45 days prior to the date of a scheduled public hearing for variance, imposition of special exceptions or conditions, an amendment to the official zoning map, the future land use map, or the development code text, the planning commission shall cause to be published within a newspaper of general circulation within McDuffie County (or where the county government's legal advertisements customarily appear) a notice stating the time, place, and purpose of any public hearing. For any application seeking a zoning decision, other than one initiated by McDuffie County, such notice shall include at the minimum:

(1)

The location of the property.

(2)

The present zoning classification of the property.

(3)

The proposed zoning classification of the property.

(4)

For applicants imposed of a special exception or condition, requesting an amendment to the zoning map, or the future land use map, or variance to the requirements of the development code; the posting of a sign on the affected property containing the aforesaid information in this paragraph is required. The sign shall be placed by the planning commission in a conspicuous location and be posted not less than 15 days prior to the date of the hearing.

(c)

Conduct of open meetings and public hearing. All open meetings and public hearings governed by the planning commission and the board of commissioners shall be conducted under the following rules of order, as recognized by O.C.G.A. § 36-66-5:

(1)

All persons who wish to address the planning commission, or board of commissioners shall first record their names and residence addresses on a form to be provided by the county prior to the commencement of the hearing.

(2)

The secretary or development code administrator will read each proposed application under consideration in the order in which they were filed. In the case of board of commissioner review, he/she shall state the recommendation of the planning commission board. In addition he/she may also summarize the departmental reviews that pertain, prior to receiving public input.

(3)

Ten minutes shall be given to the proponents and ten minutes to the opponents of each proposed zoning decision application before either board for presentation of data, evidence, and opinion addressing the proposed application. An extension of time may be approved by a majority of the members of the board.

(4)

Each speaker shall speak only to the merits of the proposed application under consideration and shall address their remarks only to the planning commission chairman, or the chairman of the board of commissioners. Any discussion that is not relevant to the presentation of objective facts may be limited or repudiated by the Chair, if the speaker, after first being cautioned, continues to violate this rule may be ruled out-of-order and thereafter be prohibited from addressing the chair or board.

(5)

Only those persons who registered to speak prior to the commencement of the hearing shall be entitled to speak unless a plurality of the members of the planning commission or the board of commissioners present at the hearing allow an unassigned person to speak.

(6)

Printed copies of the hearing policies and procedures shall be available to the general public at every public hearing.

(Ord. of 3-23-99, Art. VIII, § 4)