§ C. Applications for amendments.  


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  • Applications for text amendments, rezonings, land use permits, special use permits, and/or medical hardships shall be filed with all accompanying documents with the planning and zoning division in accordance with the filing deadline established by the division.

    Application fees are non-refundable and are established by the board of commissioners and made available by the planning and zoning division. A fee shall not be charged for applications initiated by the board of commissioners or planning commission. Applications shall be submitted and the following provided at the date of filing:

    (1)

    Text amendment applications shall include the following:

    (a)

    Name and current address of the applicant;

    (b)

    Current provisions of the text to be affected by the amendment;

    (c)

    Proposed wording of text change; and

    (d)

    Reason for the amendment request.

    (2)

    Applications for rezonings, special use permits, and land use permits shall contain the following:

    (a)

    A completed application form signed by the owner and the applicant (if applicable).

    (b)

    A warranty deed or other proof of ownership of the property.

    (c)

    Documentation by the tax commissioner that the ad valorem taxes levied against the property have been paid.

    (d)

    A legal description of the tract of property.

    (e)

    A survey plat of the property which demonstrates a true and accurate boundary of the property, prepared by a registered surveyor, drawn to scale, showing north arrow, land lot and district, the dimensions, acreage and location of the tract. The preparer's seal shall be affixed to the plat.

    (f)

    A site development plan prepared by a registered surveyor, engineer, land planner, or architect (with preparer's seal affixed) drawn to scale of the subject property, including proposed building locations, proposed use of the property within the requested zoning classification, parking areas, access points, creeks, streams, floodplain, etc., and any buffers that may be required (number of copies specified by the planning and zoning division). The applicant may also furnish additional material which may aid in the understanding of the request.

    (g)

    The names and mailing addresses of all adjoining property owners, including the owners across the road and to the rear.

    (h)

    The filing fee as set by the Paulding County Board of Commissioners.

    (i)

    Such other additional information as may be requested by the planning and zoning division in the procedures for the filing of applications.

    (3)

    Applications for medical hardships shall contain the following:

    (a)

    A completed application form signed by the owner, the applicant, and the person with the medical hardship.

    (b)

    A warranty deed or other proof of ownership of the property.

    (c)

    Documentation by the tax commissioner tat the ad valorem taxes levied against the property have been paid.

    (d)

    A legal description of the tract of property.

    (e)

    A current survey plat of the property (number of copies specified by the planning and zoning division) prepared by a registered surveyor whose state registration is current and valid, drawn to scale, showing north arrow, land lot and district, the dimensions, acreage and location of the tract. The preparer's seal shall be affixed to the plat. Indicate on the plat structures which are currently located on the property (such as house or storage building) and indicate on the plat where the mobile home will be positioned.

    (f)

    The names and mailing addresses of all adjoining property owners, including the owners across the road and to the rear.

    (g)

    The filing fee as set by the Paulding County Board of Commissioners.

    (h)

    An original, notarized doctor's certificate stating the name of the person with the medical hardship, a description of the physical condition, and explanation of why the person needs to live in close proximity to receive care, and any other evidence to support the medical hardship application.

    (i)

    Such other additional information as may be requested by the planning and zoning division in the procedures for the filing of applications.

    (4)

    If an application is withdrawn by the applicant after the legal advertising as required by this article shall have first appeared, the cost of advertisement and any other expenses incurred may be deducted from any refund of fees.

    (5)

    With respect to amendments to the official zoning map, an applicant may file renderings, construction specifications, written development restrictions and other conditions which the applicant proposes as binding conditions upon the development and use of the property involved in the application; provided, however, that such conditions or alterations or changes thereto shall be filed with the zoning administrator at least seven days prior to the public hearing before the planning commission. If such conditions or alterations or changes thereto are proposed by an applicant and have not been filed as required by this paragraph, the board of commissioners, at the time of the public hearing on the application, may defer any action on such application to a specific meeting date which will permit the planning commission to conduct another hearing to consider the applicant's proposal prior to consideration of the application by the board of commissioners.

    At the hearing in which the deferral is granted, the board of commissioners shall specify the date of the hearing before the planning commission and the subsequent hearing before the board of commissioners and this action shall constitute public notice of such hearings and no additional notices shall be required prior to the hearings so scheduled by the board of commissioners. The date designated for action on the application shall be set at a time which will allow the applicant to comply with the filing requirements of this paragraph.

    (6)

    An application for rezoning, special use permit, land use permit or medical hardship may be forwarded by the applicant from its scheduled public hearing date to the next available public hearing date with the planning commission a maximum of two times. The request to forward an application must be written with the applicant's (or representative's) signature and submitted to the planning and zoning division prior to the hearing date. Each request must include the application number, explanation for the request to forward the application, and date of the next scheduled public hearing at which the application will be considered by the planning commission. Payment of an additional application fee in the full amount of the original application fee is required upon written request to forward the application in order to pay for the additional costs associated therewith.

    Applications which must be forwarded as a result of the actions or omissions of the applicant, resulting in an incomplete or deficient application will also be subject to the payment of the additional application fee in the full amount of the original application. Payment is due immediately upon the forwarding of said deficient application.

    Applications that are forwarded by the planning and zoning division or planning commission or by the county at the request of the planning and zoning staff will not be considered as an applicant's request to forward an application and no additional fees will be due.

(Res. No. 07-29, § 1, 6-26-2007)