ORDINANCE NO. CR202334
BUTTS COUNTY, GEORGIA
AN ORDINANCE TO AMEND THE BUTTS COUNTY UNIFIED DEVELOPMENT ORDINANCE TO IMPLEMENT THE REQUIREMENTS OF THE STATE OF GEORGIA’S ZONING PROCEDURES LAW (O.C.G.A. § 36-66-1 et. seq.) REGARDING PUBLIC NOTICES, HEARING PROCEDURES FOR MAKING (AND APPEALING TO THE SUPERIOR COURT) ZONING DECISIONS, QUASI-JUDICIAL LAND USE RELATED DECISIONS, AND CHANGES TO SINGLE-FAMILY ZONING PROVISIONS OF THE ZONING CODE AND FOR OTHER PURPOSES.
WHEREAS, Butts County, Georgia (“County”) is a political subdivision duly organized and existing under the laws of the State of Georgia; and
WHEREAS, the County through its board of commissioners, is vested with the authority to adopt and/or amend zoning ordinances applicable within the County limits; and
WHEREAS, the Georgia General Assembly amended Georgia’s Zoning Procedures Law (O.C.G.A. § 36-66-1 et. seq.) in 2021; and
WHEREAS, the governing authority of the County finds it desirable to amend and update Part III – Unified Development Ordinance (“UDO”) of The Official Code of Butts County, Georgia by July 1, 2023 to be in accordance with the Georgia General Assembly’s amendment to the Zoning Procedures Law; and

WHEREAS, the procedures required for amending the UDO have been satisfied, including, but not limited to, notice and public hearings; and

WHEREAS, the board of commissioners has complied with all local and state laws to create this ordinance; and
WHEREAS, the board of commissioners conducted and held a duly noticed public hearing on June 26, 2023 to so amend the UDO.
NOW, THEREFORE, THE BOARD OF COMMISSIONERS OF BUTTS COUNTY HEREBY ORDAINS:
SECTION ONE. Chapter 8, Section 8.02.03 of the Unified Development Ordinance (“UDO”) is hereby amended to strike subsection (a) entirely and replace it with the following:
(a) The planning commission shall make its own by-laws and rules of procedure; provided, however, such by-laws and rules of procedure shall not control over any conflicting ordinances of the County or state law.

SECTION TWO. Chapter 8, Section 8.02.03 of the UDO is also hereby amended to add a new subsection (c) to read as follows:
(c) To the extent the planning commission is specifically authorized to render any quasi-judicial decision as defined below, the planning commission shall hold a public hearing before making any such quasi-judicial decisions. Such hearing shall be preceded by the County providing publication of a public hearing notice within a newspaper of general circulation in the County no less than thirty (30) days prior to the hearing, and a notice of the hearing shall be mailed at least thirty (30) days prior to the public hearing to the owner of the property that is the subject of the proposed action. Such notices shall include the application number (if any number is assigned), date, time, location, and purpose of the public hearing. Quasi-judicial decisions means to exercise delegated, quasi-judicial zoning powers including hearing appeals on administrative decisions and rendering decisions on applications for variances, special administrative permits, special exceptions, conditional use permits, or other similar permits pursuant to standards for the exercise of such quasi-judicial authority adopted by the County.

SECTION THREE. Chapter 8 of the UDO is hereby amended to strike section 8.03.00 entirely and replace it with the following:
(a) The board of zoning appeals (“BZA”) shall elect a chairman and a vice-chairman from its members who shall serve for one year or until reelected or until their successors are elected. The BZA shall adopt rules and by-laws in accordance with the provisions of this chapter and of the Zoning Procedures Law, O.C.G.A. Title 36, Chapter 66.

(b) Meetings of the BZA shall be held at the call of the chairman and at such other times as the BZA may determine. No action may be taken without the approval of a quorum of the BZA. A quorum shall consist of three members of the BZA. The chairman or, in his absence, the vice chairman, may administer oaths and compel the attendance of witnesses by subpoena.

(c) The BZA shall keep minutes of its proceedings, showing the vote of each member upon each question or, if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions, all of which shall be immediately filed in the department of planning and development and shall be a public record.

(d) All meetings of the BZA shall be open to the public and shall comply with O.C.G.A. § 50-14-1 et seq.

(e) To the extent the BZA is specifically authorized to render any quasi-judicial decision as defined below, the BZA shall hold a public hearing before making any such quasi-judicial decisions. Such hearing shall be preceded by the County providing publication of a public hearing notice within a newspaper of general circulation in the County no less than thirty (30) days prior to the hearing, and a notice of the hearing shall be mailed at least thirty (30) days prior to the public hearing to the owner of the property that is the subject of the proposed action. Such notices shall include the application number (if any number is assigned), date, time, location, and purpose of the public hearing. Quasi-judicial decisions means to exercise of delegated, quasi-judicial zoning powers including hearing appeals on administrative decisions and rendering decisions on applications for variances, special administrative permits, special exceptions, conditional use permits, or other similar permits pursuant to standards for the exercise of such quasi-judicial authority adopted by the County.

SECTION FOUR. Chapter 9, Section 9.02.01 of the UDO is hereby amended to strike subsections (a), (f), and (j) and replace them with the following:
(a) A variance is a permit, issued by the board of zoning appeals (“BZA”), which allows use of a parcel of land in a way that does not meet certain requirements for the district in which the property is located. A variance may be granted only in an individual case where an extreme hardship would result if all of the requirements of this ordinance were applied stringently to a particular piece of property. The hardship must be proven by showing that reasonable use of the land is not possible if all of the requirements of this ordinance are to be met. The hardship cannot be self-created, such as:

(1) A lot purchased with knowledge of an existing restriction;
(2) A claim of hardship in terms of prospective sales; or
(3) An expressed economic need requiring a variance, when such a need can be met in
other ways which would not require a variance.

(f) When an application for a variance is received, the BZA will set a time and place for a public hearing on the variance. Notice of the hearing must be published in a newspaper of general circulation in Butts County at least thirty (30) days before the hearing. Such notice will state the application number (if any number is assigned), owner’s name, property location, its area, time, place and subject of the hearing. At least thirty (30) days before the public hearing, notice of the time, place, and subject of the hearing will be sent in writing by U.S. mail to the owner whose property or interest is the subject of such hearing appellant or petitioner in writing by U.S. mail to her/his last known address. Copies of all such letters will be maintained in the applicant’s file for permanent record.

(j) The decision of the BZA on the application for a variance may be appealed on points of law to the Butts County Superior Court pursuant to the procedures of Section 10.03.02(a).

SECTION FIVE. Chapter 10, Section 10.02.04 of the UDO is hereby amended to strike subsections (d) and (f) entirely and replace them with the following:
(d) When an application for a special use is received, the planning and zoning commission will set a time and place for a public meeting and/or public hearing on the special use. All applications for special use permits shall receive a public hearing. Such hearing shall be preceded by the County providing publication of a public hearing notice within a newspaper of general circulation in the County at least thirty (30) days prior to the date of the public hearing, and a notice of the hearing shall be mailed at least thirty (30) days prior to the public hearing to the owner of the property that is the subject of the proposed action. Such notices shall include the application number (if any number is assigned), date, time, location, and purpose of the public hearing.

(f) The board of commissioners shall hold a duly-noticed public hearing pursuant to the same procedures used by the planning commission. After conducting such hearing, the board of commissioners may grant, deny, or grant with special conditions the special use permit request. The decision of the board of commissioners on the application for special use may be appealed to the Butts County Superior Court by way of a petition for such review pursuant to O.C.G.A. § 36-66-5.1 (a)(2) filed in the court within thirty (30) days of the date of the decision of the board of commissioners. Such appeal will be a record review, and the record shall be certified by the zoning administrator or chairman of the board of commissioners and transmitted to the superior court within thirty (30) days of the service of the appeal pleadings on the County.

SECTION SIX. Chapter 10 of the UDO is hereby amended to add a new section 10.02.13 (Hearing procedures for certain zoning decisions) to read as follows:
10.02.13 Hearing procedures for certain zoning decisions
(a) Unless otherwise required by ordinances of Butts County, any proposed action that includes zoning decisions for rezoning of property, special use of property, variance or conditions concurrent with a rezoning or special use shall only require one hearing pursuant to O.C.G.A. § 36-66-4(a).

SECTION SEVEN. Chapter 10 of the UDO is hereby amended to add a new section 10.02.14 (Procedures for zoning decisions related to amendments from single-family to multifamily) to read as follows:
10.02.14 Procedures for zoning decisions related to amendments from single-family to multifamily

(a) Procedures for zoning decisions as defined in O.C.G.A. § 36-66-3(4) that amend zoning classifications or definitions related to single-family residential uses so as to authorize multifamily uses on the subject property pursuant to such classifications or definitions shall be in accordance with the following stated procedures.

(1) Notwithstanding any other provisions to the contrary, when a proposed zoning decision relates to an amendment of the zoning ordinance to revise one or more zoning classifications or definitions relating to single-family residential uses of property so as to authorize multifamily uses of property pursuant to such classification or definitions, or to grant blanket permission, under certain or all circumstances, for property owners to deviate from the existing zoning requirements of a single-family residential zoning, such zoning decision must be adopted in the following manner:
a. The zoning decision shall be adopted at two regular meetings of the Board of Commissioners making the zoning decision, during a period of not less than twenty-one (21) days apart; and

b. Prior to the first meeting provided for in subparagraph (a) of this section, at least two public hearings shall be held on the proposed action. Such public hearings shall be held at least three months and not more than nine months prior to the date of final action on the zoning decision. Furthermore, at least one of the public hearings must be held between the hours of 5:00 P.M. and 8:00 P.M. The hearings required by this subparagraph shall be in addition to any hearing required under section 10.00.06 of this Code. The local government shall give notice of such hearing by:

1. Posting notice on each affected premises in the manner prescribed by subsection 10.02.03(c) of this Code; provided, however, that when more than 500 parcels are affected, in which case posting notice is required every 500 feet in the affected area; and

2. Publishing in a newspaper of general circulation within the territorial boundaries of the County a notice of each hearing at least fifteen (15) days and not more than forty-five (45) days prior to the date of the hearing. Both the posted notice and the published notice shall include a prominent statement that the proposed zoning decision relates to or will authorize multifamily uses or give blanket permission to the property owner to deviate from the zoning requirements of a single-family residential zoning of property in classification previously relating to single-family residential uses. The published notice shall be at least nine column inches in size and shall not be located in the classified advertising section of the newspaper. The notice shall state that a copy of the proposed amendment is on file in the office of the clerk or the recording officer of the County and in the office of the clerk of the Superior Court of Henry County for the purpose of examination and inspection by the public. The County shall furnish anyone, upon written request, a copy of the proposed amendment, at no cost.

(2) The provisions of paragraph (1) of this section shall also apply to any zoning decisions that provide for the abolition of all single-family residential zoning classifications within the territorial boundaries of the County or zoning decisions that result in the rezoning of all property zoned for single-family residential uses within the territorial boundaries of the County to multifamily residential uses of property.

(3) This subsection shall not apply to zoning decisions for the rezoning of property from a single-family residential use of property to a multifamily residential use of property when the rezoning is initiated by the owner or authorized agent of the owner of such property.

SECTION EIGHT. Chapter 10 of the UDO is hereby amended to strike subsection (a) of section 10.03.02 entirely and replace it with the following:
(a) Appeals of quasi-judicial decisions defined by O.C.G.A. § 36-66-3(1.1) shall be appealed pursuant to O.C.G.A. § 36-66-5.1(a)(2) by writ of certiorari to superior court and shall be filed with the Butts County Superior Court within thirty (30) days of the date of the decision to be appealed.
SECTION NINE. Chapter 10 of the UDO is hereby amended to strike subsections (a) and (b) of section 10.03.04 entirely and replace them with the following:
(a) Zoning decisions as defined by O.C.G.A. § 36-66-3(4) shall be appealed pursuant to O.C.G.A. § 36-66-5.1(a)(1) by de novo appeal and shall be filed with the Butts County Superior Court within thirty (30) days of the date of the decision to be appealed and in accordance with the provisions of law for such appeals.

(b) Quasi-judicial decisions as defined by O.C.G.A. § 36-66-3(1.1) shall be appealed by the filing of a petition for writ of certiorari in the Superior Court of Butts County pursuant to O.C.G.A. § 36-66-5.1(a)(2) and in accordance with the provisions of law for such appeals.

SECTION TEN. Chapter 10 of the UDO is hereby amended to add a new section 10.03.05 (Certiorari to Butts County Superior Court) to read as follows:
10.03.05 Certiorari to Butts County Superior Court
(a) In order to comply with O.C.G.A. § 36-66-5.1(c), the chairman of the board of commissioners, chairman of the planning commission, and/or chairman of the board of zoning appeals, as appropriate, is authorized to issue certiorari bonds and certificates of costs upon confirmation with County staff that such approvals are appropriate.

(b) For purposes of certiorari proceedings, the chairman of the board of commissioners, chairman of the planning commission, and/or chairman of the board of zoning appeals, as appropriate, is authorized to accept service on behalf of the respondent. The chairman of the board of commissioners is authorized to accept service of process on behalf of Butts County as opposite party.

SECTION ELEVEN.
A. Recordation: The county clerk is hereby directed to record this ordinance in the official Book of Resolutions, Volume 2, and refer in the minutes of the County and to publish this ordinance in accordance with law and with the County’s on-line code publisher.

B. Severability Clause: It is the express intention of the board of commissioners that each independent provision of this amendment should be adopted, and the board of commissioners would have adopted each such independent provision even if the others had not been adopted. Therefore, in the event that a court of competent jurisdiction finds any provision of this amendment or The Official Code of Butts County, Georgia to be unlawful, invalid, or unenforceable, it is the intent of the board of commissioners that the offending provision be severed, and all lawful provisions remain in force.

C. Penalty Clause: Unless another penalty is expressly provided, every person convicted of a violation of this ordinance shall be punished by a fine not to exceed $1,000.00, imprisonment not to exceed 180 days, or both such fine and imprisonment.

D. General Repealer: Any ordinance not expressly addressed by this ordinance that is inconsistent with the provisions herein is expressly repealed to the extent that it conflicts with the provisions of this amending ordinance.

E. Effective Date: The public welfare demanding, this ordinance shall be effective immediately after its adoption.

SO ORDAINED, by the Butts County Board of Commissioners this 26th day of June, 2023.

BUTTS COUNTY, GEORGIA

____________________________________
Keith Douglas, Chairman
ATTEST

Michael Brewer, Deputy County Manager
Clerk of the 125th Session

APPROVED BY

________________________________________
Andrew J. “Andy” Welch, III, County Attorney