The elimination of existing buildings and structures or uses that do not conform with this ordinance is as much a subject of health, safety and general welfare as is the prevention of the establishment of new uses that would violate the provisions of this ordinance. It is also the intent of this ordinance to administer the elimination of non-conforming uses, buildings, and structures so as to avoid any unreasonable invasion of established private property rights.

Any structure or use of land lawfully existing at the time of the enactment of this ordinance and its amendments, but not in conformity with its use ordinances and provisions may be continued subject to the following provisions.

The zoning administrator is hereby given the authority and responsibility to act as the code enforcement officer and to administer and enforce the provisions of this ordinance. The zoning administrator does not have the authority to take final action on applications or matters reserved for public hearings. The zoning administrator shall keep records of all permits, the certificates of occupancy issued, and all submitted subdivision plats, with notations of all special conditions involved. He shall file and safely keep copies of all sketches and plans submitted, and the same shall form a part of the records of his office and shall be made available as public records.

The Georgia Planning Act of 1989 authorized the department of community affairs to establish procedures for regional review of development projects that are of sufficient size that they are likely to create impacts beyond the jurisdiction in which the project will be located. The DRI review process involves the host local government, the reviewing regional development center (RDC), and other potentially affected local governments, RDC's and agencies.

Thresholds are used to determine whether a proposed development is a DRI. Because positive and negative impacts of DRI's are not necessarily confined to the host local governments' jurisdictional boundaries, impacts on other jurisdictions need to be assessed.

If a development project is submitted to the planning commission for review, then the time deadlines imposed in by this ordinance are suspended until the DRI review process is completed.

If, in accordance with provisions of this ordinance, changes are made in the zoning district boundaries or other information portrayed in the official zoning map, such changes must be made on the official zoning map within 30 days after the amendment has been approved by the mayor and commission together with a numerical entry on the official zoning map referring to the application on file which states the date of the official action and the brief description of the nature of the changes. No amendment to this ordinance which involves a matter portrayed on the official zoning map is effective until after such change and entry is made on the map.

All changes made to the official zoning map or matters shown thereon must be in conformity with the procedures set forth in this zoning ordinance. Any unauthorized change by any person is considered a violation of this ordinance and punishable as provided by law and this ordinance.

The mayor and council may from time to time amend the boundaries of the districts established on the official zoning map and/or the provisions in this ordinance. Such amendments require a public hearing by the planning commission.

An application for amendment must be filed with the city clerk at least 45 days prior the planning commission meeting at which the request will be heard. An application for amendment must contain the following information:

A.

A survey of the property prepared by a licensed surveyor showing existing and proposed structures and uses, access drives, easements, utilities, buffers, existing zoning, and any other supporting documentation required by the city clerk to assist the planning commission and mayor and council in rendering a decision, including concept plans;

B.

A list of adjoining property owners as shown on the tax rolls;

C.

Any additional information the applicant or the city clerk believes to be pertinent.

D.

Additionally, the applicant, if other than the local government, must pay the required application fee, as determined by the mayor and council, to cover the administrative and adverting costs of the application and sign a statement certifying he/she or the owner represented by the applicant has at least a 51 percent ownership interest in the property.

E.

Once the application is submitted it cannot be amended. Incomplete applications will not be processed.

F.

The zoning administrator shall present the application and all its supporting documents, along with a written analysis of the requested zoning's impact, to the planning commission at its regular business meeting the month in which the public hearing on the application is scheduled. The written analysis shall show that the zoning administrator has considered the proposed change in relation to the following, where applicable.

1.

What is the existing land use pattern in the area?

2.

Would approval create an isolated district designation unrelated to adjacent and nearby district designations?

3.

Would approval significantly increase or possibly overtax available infrastructure including, but not limited to schools, streets, and public safety services?

4.

Are the existing boundaries illogically drawn in relation to existing conditions on the property proposed for change?

5.

Would changed or changing conditions make the passage of the proposed amendment necessary?

6.

Will the proposed change adversely influence living conditions in the neighborhood?

7.

Will the proposed change create or excessively increase traffic congestion or otherwise affect public safety?

8.

Will the proposed change seriously reduce light and air to adjacent areas?

9.

Will the proposed change adversely affect property values in the adjacent area?

10.

Will the proposed change be a deterrent to the improvement or development of adjacent property in accordance with existing regulations?

11.

Will the proposed change constitute a grant of special privilege to an individual owner as contrasted with the public welfare?

12.

Are there substantial reasons why the property cannot be used in accordance with its existing zoning?

13.

To what extent is the proposed change consistent with the city's Comprehensive Plan?

14.

What other factors, if any, should be considered in balancing the interest in promoting the public health, safety morality or general welfare against the right to unrestricted use of the property?

A.

Public hearing required. Before enacting an amendment to this ordinance, one public hearing must be held by the planning commission.

B.

Applicant notification. The city clerk must notify the applicant of the date, time, and place of the required public hearing.

C.

Publication of notice. Not less than 15 days, and not more than 45 days prior to the date of the public hearing, the city clerk shall advertise the date, time, place and purpose of the public hearing in a newspaper of general circulation in Commerce. The notice shall also include the location of the property, the present zoning classification of the property, and the proposed zoning classification of the property. The notice shall further include a statement that

"Any opponent of a zoning action that has made within two years immediately proceeding the filing of the zoning action, campaign contributions aggregating $250.00 or more to a local government official that will consider the application, must file a disclosure with the planning commission showing:

1.

The name and official position of the city official to whom the contribution was made; and,

2.

The dollar amount and description of each campaign contribution made to the city official.

The disclosure shall be filed at least five calendar days prior to the first hearing on the zoning application."

D.

Sign. In addition to the newspaper notice and not less than 15 days prior to the planning commission public hearing, the city clerk shall have posted in a conspicuous place on the lot or parcel to be rezoned, one or more signs, which shall provide adequate notice of the zoning action. Each sign shall be approximately 32 inches in height and 24 inches in width and shall provide adequate notice of the zoning action. At a minimum the sign must contain the following information: date, time, and location or the hearing, current zoning classification and proposed zoning classification, and a telephone number interested persons can call for additional information.

If, because of circumstances peculiar to the location of the property to be posted, the sign will either be inconspicuous or invisible from any well-traveled right-of-way, the sign(s) shall be posted on the property to be rezoned and on other property in such a location that it is likely to be seen by persons potentially interested in the decision.

E.

Planning commission action. The planning commission shall hold a public hearing on the application in accordance with section 5.01.005. After the hearing, the planning commission shall consider the zoning amendment criteria of section 5.01.004 and make recommendation to the mayor and council on the application. The planning commission may recommend approval, approval with conditions, table for further action, or deny the application. The planning commission's recommendations shall be submitted to the mayor and council. If, however, the planning commission fails to submit a recommendation within 35 days after its hearing, the planning commission shall be deemed to have recommended approval.

F.

Mayor and council action. The mayor and council shall review the record, consider the zoning amendment criteria of section 5.01.004, and vote on the application. The council may approve, approve with conditions, table for further action, deny the application, or return the application to the planning commission for further consideration. Within seven days of its decision, the city clerk shall so notify the applicant in writing. If the mayor and council fail to act on the application within 60 days of its submission or by its next regularly scheduled meeting, whichever is later, the application is deemed to have been approved unless the application is tabled, postponed, or withdrawn.

G.

Withdrawal. If an application for an amendment to the zoning ordinance or official zoning map is withdrawn in writing by the applicant at any time after the publication of the newspaper notice and posting of the required sign, but prior to the public hearing, then the same property may not be considered for zoning by the planning commission until the expiration of at least 60 days immediately following the withdrawal of the application. The withdrawal must be in writing and signed by the applicant.

If the applicant withdraws the application at any time after the public hearing then the same property may not be considered for zoning by the planning commission until the expiration of at least 60 days immediately following the withdrawal of the application. If withdrawal occurs after the public hearing, the withdrawal shall be noted on mayor and council agenda. The withdrawal must be in writing and signed by the applicant.

The application will be considered to have been withdrawn if the applicant, his/her authorized agent or his/her attorney fails to appear at the planning commission hearing.

H.

Denial. If the zoning ordinance amendment or official zoning map amendment is denied by the mayor and council, then the same property may not be considered for rezoning until the expiration of at least six months immediately following the denial of the rezoning.

In the adoption of a zoning ordinance, an amendment to an existing zoning ordinance or amendment to the official zoning map, the planning commission and mayor and council shall consider factors relevant in balancing the interest in promoting the public health, safety, morals or general welfare against the right of the individual to the unrestricted use of property and must specifically consider the following factors as they may be relevant to the application:

A.

The existing land use pattern;

B.

The possible creation of an isolated district unrelated to adjacent and nearby districts;

C.

The population density pattern and possible increase or overtaxing of the load on public facilities including, but not limited to, schools, utilities, and streets;

D.

The cost to the city and other governmental entities in providing, improving, increasing or maintaining public utilities, schools, streets and other public safety measures;

E.

The possible impact on the environment, including but not limited to, drainage, soil erosion and sedimentation, flooding, air quality and water quality;

F.

Whether the proposed zoning map amendment will be a deterrent to the value or improvement or development of adjacent property in accordance with existing regulations;

G.

Whether there are substantial reasons why the property cannot be used in accordance with existing regulations;

H.

The aesthetic effect of existing and future use of the property as it relates to the surrounding area;

I.

The extent to which the proposed zoning map amendment is consistent with the comprehensive plan;

J.

The possible effect of the proposed zoning map amendment on the character of a zoning district, a particular piece of property, neighborhood, a particular area, or the community;

K.

The relation that the proposed zoning map amendment bears to the purpose of the overall zoning scheme, with due consideration given to whether or not the proposed change will help carry out the purposes of these zoning regulations;

L.

The consideration of the preservation of the integrity of residential neighborhoods shall be considered to carry great weight;

M.

In those instances in which property fronts on a major thoroughfare and also adjoins an established residential neighborhood, the factor of preservation of the residential area shall be considered to carry great weight.

After hearing evidence at the zoning hearing, the planning commission and mayor and council shall apply the evidence of the standards of review (zoning amendment criteria) in making their decision. It will not be required that the planning commission and mayor and council consider every criterion contained in the standards of review. It shall be the duty of the applicant to carry the burden of proof that the proposed zoning map amendment promotes the public health, safety, morality or general welfare.

All public hearings held pursuant to this ordinance shall be conducted as follows:

A.

Public hearings shall be chaired by the chairperson of the planning commission or his designee.

B.

The city clerk shall record the proceedings of the public hearing. If requested by any party, verbatim transcripts of the public hearing can be prepared, but only if requested and purchased in advance by the requesting party.

C.

The record of the public hearing and all evidence submitted at the public hearing shall be recorded and shall become a permanent part of the application file.

D.

The presiding officer shall allow the zoning administrator to present an overview of the application. Following this presentation, the applicant or the applicant's agent or attorney shall be allowed to present the applicant's case and then shall be afforded an opportunity, prior to the closing of the public hearing, to answer questions and respond to objections of others in attendance. A minimum of ten minutes is allowed for presentation of data, evidence, and opinion by proponents of each zoning decision and a minimum of ten minutes is allowed for presentation by opponents of each proposed zoning decision.

E.

Others desiring to speak or make a statement shall be given reasonable opportunity to do so but must first be recognized by the presiding officer. Upon rising to speak, the person recognized will state his/her name. The presiding officer may also request that the person furnish a home or business street address, as may be appropriate.

F.

Groups, affiliations, and associations shall designate a spokesperson who shall speak for the group.

G.

Both proponents and opponents of the matter under consideration shall be given comparable time and opportunity by the presiding officer to speak.

H.

Questions shall be directed only to the presiding officer who shall respond or designate another person for the response.

I.

The presiding officer may limit or terminate the discussion, statements or comments because of time, repetitiveness or irrelevancy.

J.

After all discussion concerning the zoning application is concluded, the presiding officer shall close the public hearing for that particular zoning application, and shall address each zoning criteria listed in section 5.01.004, and make recommendation to the mayor and council.

The same criteria shall be used to evaluate and determine if changes proposed by the mayor and council are to be recommended.

The above criteria shall be available to the public to aid in the preparation for a change in the zoning ordinance or the official zoning map of Commerce, Georgia.

All applications for conditional use shall be filed with the city clerk at least 45 days prior to the planning commission meeting at which the request will be heard. An application for conditional use must contain the following information:

A.

Three copies of a written description of the proposal designed to inform the city, in detail, about all aspects of the proposed use and its anticipated impact on the community. The description should include, when pertinent, information on the hours of operation, number of employees, number of dwelling units, vehicle trip ends, noise, water usage, sanitary waste treatment and any other relevant concerns identified by the city or applicant.

B.

Three copies of preliminary building and site plans drawn to scale showing the following information:

1.

Surveyed plat signed by a registered surveyor.

2.

Project name.

3.

Project owner.

4.

Date, scale, and north arrow.

5.

Vicinity map.

6.

Use of adjacent property.

7.

Exterior dimensions of the site.

8.

Total project acreage.

9.

Location, name and width of all existing or proposed streets.

10.

Location of all proposed structures.

11.

Location of all off-street parking and driveway serving the project.

12.

Proposed buffers and/or screening.

13.

Location, height, fixture type and wattage of site lighting.

14.

Dumpster locations.

15.

Rough floor plans, including gross floor area.

16.

Building height.

Additionally, the applicant, if other than the local government, must pay the required application fee, as determined by the mayor and council, to cover the administrative and advertising costs of the application and sign a statement certifying he/she or the owner represented by the applicant has at least a 51 percent ownership interest in the property.

Once the application is submitted, it cannot be amended. Incomplete applications will not be processed.

Before enacting an amendment to this ordinance, one public hearing must be held by the planning commission.

The city clerk shall cause the applicant to be notified and notice to be published and the property to be posted in accordance with subsections 5.01.003(B), (C), and (D).

The zoning administrator shall present the application and all its supporting documents, along with a written analysis of the requested zoning's impact, to the planning commission at its regular business meeting the month in which the public hearing on the application is scheduled. The written analysis shall show that the zoning administrator has considered the proposed change in relation to the enumerated questions in subsection 5.01.002(F).

The planning commission shall hold a public hearing on the proposed use in accordance with section 5.01.005. After the hearing, the planning commission shall consider the zoning amendment criteria in section 5.01.004 and make recommendation to the mayor and council. The planning commission may recommend approval, approval with conditions, table for further action, or deny the application. The planning commission's recommendations shall be submitted to the mayor and council. If, however, the planning commission fails to submit a recommendation within 35 days after its hearing, the planning commission shall be deemed to have recommended approval.

The mayor and council shall review the record, consider the zoning amendment criteria of section 5.01.004 and vote on the application. The council may approve, approve with conditions, deny the application, table for further action, or return the application to the planning commission for further review. Within seven days of its decision, the city clerk shall so notify the applicant in writing. If the mayor and council fail to act on the application within 60 days of its submission or by its next regularly scheduled meeting, whichever is later, the application is deemed to have been approved unless the application is tabled, postponed, or withdrawn.

Unless otherwise noted, the site plan submitted in support of an approved conditional use shall be considered part of the approval and must be followed.

Approval of a proposed use by the mayor and council does not constitute an approval for future expansion of or additions or changes to the initially approved operation. All uses, construction or building approved in the conditional use must begin within 60 days of approval of the mayor and council and be fully completed within one year of approval.

Where the owner of a plot of land consisting of one or more adjacent lots of record at the time of the enactment of this ordinance, does not own sufficient contiguous land to enable him/her to conform to the minimum lot size requirements of this ordinance; or if the topography, physical shape, or other unique features of such lots of record, prevent reasonable compliance with the setback if used as a building site, then the property owner or agent or representative may make application to the board of zoning appeals for a variance. Under no circumstances may conditions be granted for a lot that is created or subdivided after enactment of this ordinance.

All applications for variance shall be submitted to the city clerk at least 45 days prior to a regularly scheduled board of zoning appeals meeting on application forms supplied by the city clerk along with a fee as determined by mayor and council. Incomplete applications will not be placed on the agenda. Applications for variance must be accompanied by the following information:

A.

Three copies of a written description of the proposal designed to inform the city, in detail, about all aspects of the proposed use and its anticipated impact on the community. The description should include, when pertinent, information on the hours of operation, number of employees, number of dwelling units, vehicle trip ends, noise, water usage, sanitary waste treatment and any other relevant concerns identified by the city or applicant.

B.

Three copies of preliminary building and site plans drawn to scale showing the following information:

1.

Surveyed plat signed by a registered surveyor.

2.

Project name.

3.

Project owner.

4.

Date, scale, and north arrow.

5.

Vicinity map.

6.

Use of adjacent property.

7.

Exterior dimensions of the site.

8.

Total project acreage.

9.

Location, name and width of all existing or proposed streets.

10.

Location of all proposed structures

11.

Location of all off-street parking and driveway serving the project.

12.

Proposed buffers and/or screening.

13.

Location, height, fixture type and wattage of site lighting.

14.

Dumpster locations.

15.

Rough floor plans, including gross floor area.

16.

Building height.

Additionally, the applicant, if other than the local government, must pay the required application fee, as determined by the mayor and council, to cover the administrative and advertising costs of the application and sign a statement certifying he/she or the owner represented by the applicant has at least a 51 percent ownership interest in the property.

Once the application is submitted, it cannot be amended. Incomplete applications will not be processed.

Before enacting an amendment to this ordinance, one public hearing must be held by the board of zoning appeals.

The city clerk shall cause notice to be published and the property to be posted in accordance with subsection 5.01.003(5)(C) and (D).

The zoning administrator shall present the application and all its supporting documents, along with a written analysis of the requested variance's impact, to the board of zoning appeals at its regular business meeting the month in which the public hearing on the application is scheduled. The written analysis shall show that the zoning administrator has considered the proposed change in relation to the enumerated questions in subsection 5.01.002(F).

The board of zoning appeals shall hold a public hearing on the proposed use in accordance with section 5.01.005. After the hearing, the board of zoning appeals shall recommend approval, approval with conditions, table for further action, or denial of the application. Within seven days of its decision, the city clerk shall so notify the applicant in writing. If the board of zoning appeals fails to act on the application within 60 days of its submission, the application is deemed to have been recommended for approval unless the application is tabled, postponed, or withdrawn. The application shall be presented to the city council within 30 days from the final recommendation of the board of zoning appeals.

A.

The city council may grant variances only upon finding that all of the following conditions exist:

1.

There are extraordinary and exceptional conditions pertaining to the particular piece of property in question because of its size, shape or topography; and

2.

The application of this ordinance to the particular piece of property would create an unnecessary hardship; and

3.

Relief, if granted, would not cause substantial detriment to the public good or impair the purpose and intent of this ordinance; and

4.

Such conditions are peculiar to the particular piece of property; and

5.

The special circumstances surrounding the request for a variance are not the result of acts by the applicants; and

6.

The variance is not a request to permit a use of land, buildings, or structures, which is not permitted by right or by conditional use permit in the zoning district involved.

The yard and other space requirements of the zoning district, which the property is located, may be reduced by the smallest amount that will permit reasonable use of the property as a building site. Such reduction of these space requirements shall constitute a variance. However, in no case shall the city council permit any lot in a residential zoning district to be used as a building site which isles than 75 percent of the zoning district's minimum area and yard requirements as set forth in [chapter] 2.03.

B.

In granting a variance, the city council may impose any other conditions necessary to further the goals of this ordinance.

C.

The city council may establish performance bonds to assure compliance with any requirements it has set for granting a variance. Where a variance is granted for a construction activity requiring a building permit, the building permit must be obtained and construction must begin within six months of the issuance of the variance. Otherwise, the variance expires after six months.

D.

Any person aggrieved by a decision of the city council on an application for a variance may petition the Jackson County Superior Court for a Writ of Certiorari within ten days of the decision of the city council.

E.

If the variance request is denied, then the same property may not be considered for a variance for at least six months immediately following the denial of the variance by the city council.

Any structure or portion thereof declared unsafe by an appropriate governing authority may be restored to a safe condition, provided the requirements of section 5.04.004 are met.

Any change in a lawfully existing non-conforming building, use, building site or yard area is subject to the following:

A.

No lawfully existing non-conforming building, can be structurally altered, except repairs on the building or installation of plumbing fixtures required by law, changing of interior partitions, or interior remodeling. Improvements on a lawfully existing non-conforming building shall not exceed 50 percent of the value of the building as determined by the building official.

B.

No lawfully existing non-conforming building or lands, except those residential dwellings needing repairs on the building or installation of plumbing fixtures as required by law, can be substantially added to, moved, or extended in any manner unless such building or land is changed to conform with the provisions of this ordinance.

C.

If a lawfully existing non-conforming building is moved, all non-conforming minimum yard requirements, as defined in section 2.03.002 or elsewhere in this ordinance, must be eliminated.

D.

Whenever an owner of a lawfully existing residential dwelling must make repairs on or installation of plumbing fixtures which will force the location of the future addition of the dwelling nearer the lot line than permitted, the addition to the dwelling shall be allowed to extend to the existing building line but no nearer the property line than any existing portion of the dwelling.

A lawfully existing non-conforming use is restricted to the lot occupied by such use as of the effective date of this ordinance. A non-conforming use must not be extended to include either additional building or land, except as permitted in [chapter] 5.04, or unless the owner applies for and is granted a variance.

Unless otherwise specified, a lawfully existing non-conforming structure that is destroyed (damage equals or exceeds 50 percent of the structures' replacement value, as determined by the building official), through no intent of the owner, may not be reconstructed or restored to the same non-conforming use except upon approval of the zoning administrator. However, residential dwellings that are nonconforming because of area and minimum yard requirements may be replaced regardless of extent of damage.

A lawfully existing non-conforming use which became such after the adoption of this ordinance and which has been discontinued for a continuous period of six months, shall not be reestablished and any future use shall be in conformance with this ordinance. Where government action impedes access to land, the time of any resulting discontinuance of a non-conforming use shall not be counted towards the time periods of this section.

It shall be unlawful for any building to be located, erected, moved, or added to, or structurally without obtaining a building permit issued by the building official. No building permit shall be issued except in conformance with the provisions of this ordinance.

A.

An application shall be accompanied by two copies of a dimensional sketch or a to-schedule plan, signed by the owner, or his authorized agent, to include, as a minimum, the following:

1.

Lot dimensions with property line monuments located thereon;

2.

Shape, size, height, and location of the buildings proposed to be erected, demolished, altered, or moved, and of any buildings already on the lot, yard dimensions and use of structures, including the number of dwelling units within each structure where appropriate;

3.

Easements (private and public);

4.

Water courses;

5.

Fences;

6.

Street names and street right-of-way lines; and

7.

Such other information regarding abutting property as directly affects the application.

B.

Each permit shall be conspicuously posted and displayed on the premises described in the permit during the period of construction or reconstruction.

1.

If the proposed excavation, filling, construction, or movement set forth in said sketch or plan are in conformity with the provisions of this ordinance, and other appropriate codes and ordinances in effect, the building official shall sign and return one copy of the sketch plan to the applicant and shall issue a building permit. The building official shall retain one copy of the building permit and one copy of the sketch or plan for his records.

2.

If the sketch or plan submitted describes work which does not conform to the requirements of this ordinance, the building official shall not issue a building permit but shall return one copy of the sketch of plan to the applicant along with a signed refusal and shall cite the portions of these ordinances with which the submitted sketch plan does not comply. The building official shall retain one copy of the sketch plan and two copies of the refusal.

3.

Any building permit shall automatically expire six months from the date of issuance if the person, firm, or corporation to which the certificate or permit was issued has not clearly demonstrated that the permit is being exercised for the purpose for which it was issued, or if the work so authorized is suspended or discontinued for a period of one year.

A certificate of occupancy is required before a structure for which a building permit has been issued, may be occupied or used. The certificate of occupancy must be signed by the building official and attest that to the best of his knowledge all requirements of this ordinance have been met. The owner/contractor will then receive the certificate of occupancy to be used as confirmation that he has complied with the provision of this ordinance.

The zoning administrator will issue the certificate of occupancy upon notification by the building official that all applicable building codes and other uniform development standards and ordinances have been met. However, if the building official finds that all requirements of such ordinances have not yet been met when the owner/contractor seeks a certificate of occupancy, the zoning administrator will not issue the certificate of occupancy. The zoning administrator will notify the owner/contractor in writing within ten days, stating the reasons for the refusal. The owner/contractor will then need to confer with the building official to determine what he needs to do in order to comply with the ordinance and be eligible for a certificate of occupancy.

In the event any building is erected, constructed, altered, repaired, converted or maintained, or any building or land is used in violation of this ordinance, the Zoning Administrator of Commerce, Georgia, is authorized and required to institute injunction, mandamus, warrant for arrest, or other appropriate action or proceeding to prevent or abate the violation in the case of each building or land use. The zoning administrator is the zoning enforcement officer. Any person who would be damaged by such violation may also institute action to prevent or abate the violation.

A city official who knows or reasonably should know he or she:

A.

Has a property interest in any real property affected by a zoning action upon which that official's local government will have the duty to consider.

B.

Has a financial interest in any business entity which has a property interest in any real property affected by a zoning action which that official's local government will have the duty to consider; or

C.

Has a member of the family having any interest described in subsection (A) or (B) of this section, shall immediately disclose the nature and extent of such interest, in writing, to the planning commission or mayor and council, as appropriate.

D.

Regularly conducts business with the applicant or has conducted business relative to the zoning action.

The city official who has an interest as defined in subsection (A) or (B) of this section, shall disqualify himself from voting on the zoning action. The disqualified city official shall not take any other action on behalf of himself or any other person to influence action on the application for zoning. Disclosures provided for in the section shall be a public record and available for public inspection at any time during normal working hours.

A.

When any owner or applicant for zoning action has made, within two years immediately preceding the filing of the applicant's application for the zoning action, campaign contribution(s) aggregating $250.00 or more to a local government official who will consider the application, it shall be the duty of the applicant to file a disclosure report with the planning commission or mayor and council, as appropriate, showing:

1.

The name and official position of the local government official to whom the campaign contribution was made; and

2.

The dollar amount and description of each campaign contribution made by the applicant or owner to the city official during the two years immediately proceeding the filing of the application for the zoning action and the date of each such contribution.

B.

The required disclosures shall be filed within five calendar days after the application for the rezoning action is first filed.

C.

Any person knowingly failing to comply with the disclosure requirements or violating the provision of this section is guilty of a misdemeanor.

H.B. 489 states that:

"Local governments within the same county shall, if necessary, amend their land use plans so that such plans are compatible and nonconflicting, or as an alternative, they shall adopt a single land use plan for the unincorporated areas of the county."

"A process must be established by July 1, 1998, to resolve land use classification disputes when a county objects to the proposed land use of an area to be annexed into a municipality within the county."

A.

General standard process.

1.

Each municipality within Jackson County shall establish a "Municipal Sphere of Influence" by June 30, 1999. Each municipality shall design their respective "Sphere of Influence" to include those unincorporated areas served by the municipality's utilities (primarily water and sewer) for a distance of one-quarter mile on each side of the water and/or sewer line. The county's "Sphere of Influence" shall include all unincorporated areas and shall also include any parcel of land within a municipality which has a portion of its boundary adjoining and contiguous to an unincorporated area or a portion of its boundary separated from an unincorporated area only by public road right-of-way or a railroad right-of-way. By definition, the county/municipal "Sphere of Influence" shall also include all development proposals which shall qualify as a Development of Regional Impact, as defined by the department of community affairs. In the interim (until each city established their "Sphere of Influence"), each municipality's "Sphere of Influence" shall extend 0.5 miles from their city boundary into the unincorporated county.

2.

Since, Jackson County and its municipalities adopted their Joint Comprehensive Plans in 1998 and there were no "land use" objections, the future land use plans for the county and cities are hereby agreed to be acceptable as they are currently mapped. However, beginning in 1999, each Municipality and the county shall update their official existing and future land use maps/plans for the areas encompassed by the county/municipal "Spheres of Influence" on at least a biennial basis. All proposed major changes to the official land use plans of the municipalities and the county shall be reviewed jointly by all jurisdictions adjoining the "Spheres of Influence". If any conflicts or issues are identified by such review then a meeting will be required to occur between the elected officials or their designees to discuss and resolve land use objections. In the event that objections are not mitigated then the objections of the adjoining jurisdictions shall be noted on the official land use plan of each jurisdiction.

3.

The county and municipalities shall provide notice of all zoning and annexation applications filed within their respective county/municipal "Spheres of Influence" to all jurisdictions adjoining their "Sphere of Influence". If a jurisdiction does not have land use regulations, said jurisdiction will provide notice to all affected jurisdictions of any development activities in the jurisdiction's respective "Sphere of Influence" that will deviate from the updated "land use" plan.

B.

Process for annexations.

1.

Within ten days of receipt of an annexation request and prior to approval of the annexation request, the municipality shall notify the chairman of the county commission and the county director of planning and development and shall notify the city mayor and city clerk whose "Sphere of Influence" covers the parcel of land to be annexed by giving notice by certified mail of a proposed annexation request. This notification should include, at a minimum, the schedule of public hearings, and information on the location of the property, size of area, current and proposed land use classification(s), current and proposed zoning of the property upon annexation. The county/city will have ten days from receipt of the city's notice to respond to the city's annexation notice. If the county/city has no objections to the city's proposed land use or zoning classification or if the county/city fails to reposed to the city's notice, the city is free to proceed with the annexation. Once the county/city accepts the city's original proposal for annexation or fails to respond to the city's original notice, the county/city loses its right to invoke the dispute resolution process or stop the annexation.

2.

If the county/city has a bona fide land use classification objection(s) to the proposed annexation, such objection(s) shall be sent certified mail to the city clerk. The term 'bona fide land use classification objection' means an objection to a proposed change in land use which results in a substantial change in the intensity of the allowable use of the property or a change to a significantly different allowable use.

3.

Once notice is received from the county/city that "land use" objections(s) have been raised, a meeting is required to occur within 20 days of receipt of the objection notice between the parties to mitigate and resolve land use objections.

4.

In the event that the "land use" objections are not resolved, a disinterested third party will mediate to resolve any land use objections that exist to the proposed annexation. If mediation fails to produce an agreement within 40 days of receipt of the objection notice, the city will not proceed with the proposed annexation unless authorized by the court order. The cost of mediation will be shared by the participating jurisdictions. If mediation is unsuccessful, the city may file a declaration judgement action seeking permission to annexation.

5.

Once a parcel of land has been annexed and zoned, a 12-month waiting period shall be required before another rezoning application can be submitted for the same parcel of land.

6.

The dispute resolution process shall become effective on June 30, 1998, and shall be reviewed and readopted as part of the service delivery strategy on or before June 30, 1999.

7.

Any of the parties who are participants of the service delivery strategy pursuant to the Service Delivery Strategies Act may call for a review and possible revision of this process. In no case shall the process be reviewed more than once in a 12- month period.

C.

Process for rezonings.

1.

Within ten days upon receipt of a rezoning or initial confirmation of development activities that will occur and deviate from the updated land use plan (for those jurisdictions that do not zoning), the municipality/county shall notify the chairman of the county commission and the director of planning and development and/or the adjoining city mayor and city clerk by giving notice by certified mail of a proposed rezoning request.

If the city utilizes the joint city/county planning commission notification shall not be required to the county. (County staff processes rezoning requests for cities that utilize the joint city/county planning commission and therefore would already be informed.) Notification should include, at a minimum, the schedule of public hearings, and information on the location of the property, size of area, and current and proposed land use classification(s) and current and proposed zoning classifications of the property.

2.

If the county/city objects to a rezoning proposal in their "Sphere of Influence" by another jurisdiction, such objections shall be sent certified mail to the county/city clerk of the respective governing body prior to the rezoning public hearing.

3.

Once notice is received from the county/city that "land use" and/or "rezoning" objection(s) have been raised, a meeting is required to occur within ten days from the receipt of the objection between the parties to mitigate and resolve "land use" and/or "rezoning" objections.

4.

If rezoning objections are not resolved prior to the public hearing, the county/city objections shall be read or entered into the record of the formal public hearing prior to final action being taken on the proposed rezoning. The entering of the county/city "land use" and/or "rezoning" objections into the official record and formal action of the governing body shall, if necessary, constitute the final resolution of the rezoning dispute resolution process.

5.

Once a parcel of land has been zoned in the "Sphere of Influence", a six-month waiting period shall be required before another rezoning application can be submitted for the same parcel of land.

6.

The dispute resolution process shall become effective on June 30, 1998, and shall be reviewed and readopted as part of the service delivery strategy on or before June 30, 1999.

7.

If any of the parties who are participants of the service delivery strategy pursuant to the Service Delivery Strategies Act may call for a review and possible revision of this process. In no case shall the process be reviewed more than once in a 12-month period.