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Butts commissioners grant zoning to non-existent category

— The Butts County Board of Commissioners on Monday voted to change the county’s zoning map to reflect a zoning classification that no longer exists.

The change affects one property, a 190-acre tract belonging to Jimmy Blankenship near Jack Maddox Bridge Road, Fincherville Road and Blankenship Road. Commissioners presented their plan as a compromise that would give Blankenship, and his neighbors opposed to the change, a little of what both sides wanted, and possibly keep the county out of legal hot water.

The background: In 1995, the tract was rezoned by commissioners at that time to an R-20 classification in anticipation of possible development of a subdivision. County officials say that some time after that, when the county changed its zoning map, the parcel was re-labled A-R, agricultural-residential, which it had been before the 1995 change.

County Attorney Michael O’Quinn said Monday that the minutes of the meeting in which the parcel was rezoned supersede the label on the map, but Blankenship also wanted the map changed to reflect R-20. Which led to Monday’s hearing.

Butts County Zoning Administrator Christy Lawson said the R-20 zoning classification no longer exists.

On Monday, at the public hearing on correcting the zoning map, several residents of the area said they opposed the construction of a subdivision on the land, and pushed commissioners to zone the property to residential-agricultural.

The motion: Commissioner G.S. “Gator” Hodges presented a plan -- as an amendment to a motion already on the floor to deny Blankenship’s request -- that would correct the map to R-20, but he said that since the zoning classification no longer exists, Blankenship or any other subsequent property owner would have to seek a rezoning through the normal channels in order to develop the tract.

O’Quinn agreed that Hodges’ plan would only allow for development after the formal rezoning process, but would grant Blankenship what he was asking for.

“In my view, because R-20 doesn’t exist anymore, he can’t get a permit ... but at the same time, you’re not taking away a vested right. He got what he got,” O’Quinn said.

Neighbors still opposed the plan, arguing that it could lead to a future zoning adjustment that would allow dense development.

“If it’s zoned as a subdivision tonight, 16 years from now, we may be back here with the same problem,” said Rod Oglesby, of Jack Maddox Bridge Road.

The vote: Because Hodges’ plan was an amendment to a motion on the floor by Commissioner Mike Patterson to deny the administrative rezoning request, the board first took up the Hodges amendment, which passed by a 5-0 vote. Board of Commissioners Chairman Roger McDaniel said that under the rules that govern board meetings, the board also must vote on the original motion, for the amendment to take effect, which members did.

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