Clayton County Zoning Meeting Rules of Procedure
The Clayton County Board of Commissioners welcomes you to the monthly Zoning Meetings. The Board has prepared this information to answer some commonly asked questions.
Clayton County property owners have the right, by law, to use their land at its highest and best use for the area. Keeping this in mind, the Clayton County Board of Commissioners has to also consider the county's Land Use Plan and what is in the best interest of the area when considering a rezoning application.
Anytime a property owner applies for a rezoning application, Clayton County Office of Planning, Zoning and Sustainability posts a sign (for at least two weeks) at the property to notify the public. As outlined in the Official Code of Clayton County, two public hearings are held for all zoning issues. The first zoning hearing is heard by the Zoning Advisory Group, a citizens' review panel. The Zoning Advisory Group's decision is not binding. It is recorded and sent to the Board of Commissioners as a recommendation.
The Board of Commissioners has the deciding vote. The Board of Commissioners then holds its Zoning Meeting. Both of these meetings are held in the Commissioners' Board Room at 112 Smith Street in Jonesboro. Both are open to the public and allow for public comment.
Please refer to the County Calendar for dates and times of BOC and ZAG meetings.
What is a Reversion Zoning?
A Reversion Zoning occurs when there has been no action - such as an application for a grading permit, building permit or business license submitted to the county - within 12 months following the date the Board of Commissioners approved a new zoning classification. If no such action(s) has taken place, the new zoning classification may be withdrawn by the Board of Commissioners and the prior zoning classification reinstated. Reversion applies to all rezoning of property to NB, CB, GB, LI, HI, LC, RM, or RMTH.
Can a rezoning petition be withdrawn?
Any application for rezoning may be withdrawn without prejudice by the applicant, upon written request to the Board of Commissioners, prior to the initiation of the public hearing for the case by the Chairman. Any request to withdraw initiated prior to the public hearing by the Zoning Advisory Group shall be received by Community Development. The Zoning Administrator shall remove the application from the preliminary agenda. There shall be no refund of application fees after an application has been legally advertised. If an application is withdrawn, the petitioner may bring the rezoning request back for consideration at any time. If this happens, a new sign will be placed at the property.
If the Board votes to deny a rezoning petition, can the petitioner request the same rezoning the next month?
If the Board votes to deny a petition, the property cannot be considered for any rezoning for six (6) months.
What are the Rules of Procedure for a Zoning Meeting?
- The Chairman calls the meeting to order and the Board approves the agenda.
- For each Land Use Plan Amendment or Rezoning Petition on the agenda:
- The Chairman calls the petitioner/representative to the podium for a presentation.
- The Chairman will then ask those in favor of the zoning matter to speak. Proponents have a total of 10 minutes to present their interest. It is best to appoint a spokesperson in order to avoid duplication of issues of concerns.
- The Chairman will then ask those opposed to the zoning matter to speak. Opponents have a total of 10 minutes to present their interest. It is best to appoint a spokesperson in order to avoid duplication of issues of concerns.
- The petitioner/representative then has the option of final rebuttal.
- Immediately following the presentations, the Chairman announces the public hearing portion of the request is closed. At this point, input from the public is over. The Board will then review the public testimony, discuss the application and render a decision. The Board then moves on to the next agenda item.
The County Clerk maintains a public record of the minutes of each Zoning Meeting. Clayton County Community Development Department also maintains a complete record of the case for public review. These records include all modifications of the application and any stipulations that the Board has imposed.