Appendix 2. BYLAWS FOR THE STEPHENS COUNTY PLANNING COMMISSION

Section 1. Title; adoption; amendment.

1.1 These rules may be cited as the Stephens County Planning Commission Rules of Procedure.

1.2 These rules of procedure, and amendments thereto, shall be adopted by the Stephens County Planning Commission at a regularly scheduled meeting of the Stephens County Planning Commission.

1.3 These rules of procedure shall become effective upon adoption by the Stephens County Planning Commission and approval by the Stephens County Board of Commissioners. The initial adoption of the rules of procedure shall in connection with the adoption of the Zoning Regulations for Stephens County, Georgia.

Section 2. Membership; terms of office; officers; and vacancies.

2.1 The planning commission shall consist of five members, appointed by the board of county commissioners to serve for five-year terms. Initial appointments be as follows: one appointment for one year, one appointment for two years, one appointment for three years, one appointment for four years, and one appointment for five years. Members can serve a maximum of two consecutive five-year terms. For the initial appointments less than five years, those initial appointments shall not be considered a five-year term and those members shall be authorized to serve two additional five-year consecutive terms. After former members no longer serve for a period of one, five-year term, they are eligible for reappointment subject to the service limitations above.

2.2 The planning commission shall elect one of its members as chairperson and vice-chairperson, who will serve for one year or until the chairperson or vice-chairperson is re-elected or a successor is elected. The board of county commissioners shall appoint a secretary to take minutes of the planning commission's meetings, recording all motions and votes thereon as well as any other business of the planning commission conducted in a public forum. The planning commission shall maintain rules of procedure in accordance with this chapter and state law. The board of commissioners shall approve the planning commission's rules of procedure or any amendment before they become effective.

2.3 Resignation shall be in writing and delivered to the chair of the Stephens County Planning Commission. Any member who accumulates three successive unexcused absences shall be deemed to have resigned. The chairperson of the Stephens County Planning Commission shall decide which absences are excused. All decisions concerning unexcused absences may be appealed to the board of county commissioners.

2.4 Any vacancy in the membership shall be filled for the unexpired term in the same manner as the initial appointment. Members shall be compensated as determined by the Stephens County Board of Commissioners but under no circumstances is compensation required. Any appointment to fill an unexpired term caused by vacancy shall not be considered a five-year term for the application of the two-term rule set forth in [section] 2.1 above.

Section 3. Duties of planning commission.

3.1 It shall be the responsibility of the planning commission to review and recommend to the board of commissioners its approval, disapproval, or approval with conditions on all requests for amendments.

3.2 It shall be the responsibility of the planning commission to review and make a recommendation to the board of commissioners in regard to all requests for conditional uses.

3.3 It shall be the responsibility of the planning commission to review and make a recommendation to the board of commissioners in regard to all requests for a variance.

3.4 It shall be the responsibility of the planning commission to review and make a recommendation to the board of commissioners in regard to the adoption of a comprehensive plan or amendment thereto.

3.5 The Stephens County Planning Commission does not have the power to amend any ordinance, to rezone land, to declare this chapter, or any amendment thereto invalid, or to allow any use not permitted by the same.

Section 4. Duties of planning commission officers.

4.1 The chairperson shall preside over meetings and shall be responsible for conduct and decorum of the meeting. The chairperson shall have the responsibility to ensure that all parties receive a full and fair hearing before the planning commission, enforcement of the rules herein and applicable state laws.

4.2 The chairperson shall be responsible for calling special called meetings and notifying the secretary of the planning commission so notice can be provided in accordance with Georgia law.

4.3 The vice-chairperson shall preside over meetings and assume the duties of the chairperson in the absence of the chairperson.

4.4 The chairperson shall have the power to appoint sub-committees of the planning commission if he or she finds such committee necessary to carry out the functions of the planning commission.

4.5 The secretary shall be responsible for the maintenance of the planning commission's minutes and records.

Section 5. Meetings.

5.1 A quorum of three members shall be required to conduct business; an affirmative vote of three members voting on a question shall be sufficient for the adoption of the question.

Members abstaining shall not be considered "members voting" in determining whether a question has been adopted.

5.2 The regularly scheduled meeting of the planning commission shall be held monthly on a date and time to be set by resolution of the planning commission or the board of commissioners and shall take place monthly unless there is no business to consider or no cause to hold such a meeting, in which case, the secretary shall inform the members of the planning commission at least 24 hours in advance of the regularly scheduled time.

5.3 Special called meetings may be called by the chairperson provided at least 24 hours' notice of such meeting is given.

5.4 Conduct of meetings.

5.4.1 All meetings shall be open to the public and may only be closed in accordance with Georgia law.

5.4.2 Order of business.

5.4.2.1 Roll call.

5.4.2.2 Approval of minutes.

5.4.2.3 Hearing on text amendments, map amendments, conditional uses and variances.

5.4.2.4 Committee reports.

5.4.2.5 Old business.

5.4.2.6 New business.

5.4.3 Procedures for hearing text amendments, map amendments, conditional uses and variances shall be those procedures provided in this chapter.

5.4.4 The planning commission may adjourn a regular meeting if a business cannot be disposed of on the day set, and no further notice shall be necessary for rescheduling such meeting if the time and place of its resumption is stated at the time of adjournment and is not changed after adjournment.

Section 6. Standards of conduct.

6.1 Conflicts of interest: A planning commissioner shall have a conflict of interest if said planning commissioner or his/her family, has a property interest in any real property affected by action on an application before the planning commission or has a financial interest in any business entity that has a property interest in any real property affected by action on an application before the planning commission. Any planning commissioner having a conflict of interest shall immediately disclose the nature and extent of such interest in writing to the Stephens County Board of Commissioners. These disclosures shall be made a public record. No planning commissioner shall vote or participate on a matter in which he or she has a conflict of interest.

6.2 No planning commissioner shall represent an applicant before the planning commission.

6.3 No planning commissioner shall discuss any matter pending before the planning commission with anyone outside a public hearing. All letters or other material personally received by a planning commissioner shall be provided to each planning commissioner at the public hearing on the item in question.