§ 134-123. Action by planning commission.

(a)

The planning commission shall conduct a public hearing on each application for a land use permit or rezoning in accordance with a schedule and procedures adopted by the board of commissioners. A staff report on each application shall be submitted to and considered by the planning commission at the public hearing. The planning commission shall investigate and consider each of the following matters:

(1)

Whether the zoning proposal will permit a use that is suitable in view of the use and development of adjacent and nearby property;

(2)

Whether the zoning proposal will adversely affect the existing use or usability of adjacent or nearby property;

(3)

Whether the zoning proposal will result in a use which will or could cause an excessive or burdensome use of existing streets, transportation facilities, utilities or schools;

(4)

Whether the zoning proposal is in conformity with the policy and intent of the land use plan and staff recommendations; and

(5)

Whether there are other existing or changing conditions affecting the use and development of the property which give supporting grounds for either approval or disapproval of the zoning proposal.

(b)

As to each application, the planning commission shall make a recommendation for approval, denial, continuance, hold, withdrawal without prejudice, withdrawal with prejudice or no recommendation. Any two members of the board of commissioners, through a clerk's note at a board of commissioner's zoning meeting, can provide direction to the planning commission for a held or continued case on the planning commission's agenda to be considered and voted on at the next available planning commission hearing. Written minutes of the planning commission's recommendation to the board of commissioners shall be prepared, maintained and submitted to the board of commissioners prior to its hearing. Additionally, the staff report and applicant's report shall be submitted to the board of commissioners. All documents shall thereafter become public record.

(c)

The planning commission shall adopt such rules and regulations for the conduct of public hearings and meetings as are consistent with state law and this Code, which shall be published and available to the public. The planning commission shall be subject to conflict of interest rules pursuant to O.C.G.A. § 36-67A-2, as amended from time to time.

(Ord. of 12-26-72; Ord. of 12-11-90, § 3-28-8.3; Ord. of 1-11-94; Ord. of 7-27-04; Amd. of 2-24-15)