1000.1 Zoning officer. The Chief Codes Official or his or her designee is hereby designated as the Zoning Officer. The provisions of this Ordinance shall be administered and enforced by the Chief Codes Official or his or her designee.

1000.2 Powers and duties. The Zoning Officer is authorized and empowered on behalf and in the name of the City Commission to administer and enforce the provisions of these regulations including the following powers and duties:

(a)

to receive applications, inspect premises, and issue building permits and certificates of occupancy for uses and structures which are in conformity with the provisions of this Ordinance;

(b)

to interpret provisions of this Ordinance, to enforce and administer this Ordinance, except as otherwise expressly provided in this Ordinance;

(c)

to keep accurate records of all permits and plats issued in accordance with the administration of this Ordinance, including, but not limited to, building permits, certificates of occupancy, variances, conditional use permits, special use permits, and subdivision plats approved in accordance with the City Subdivision Ordinance with notations of all special conditions involved;

(d)

to keep and maintain current the Official Zoning Map of the City of Cordele, and the approved Future Land Use Map of the Comprehensive Plan for Cordele,

(e)

to keep records of all violations of this Ordinance and enforcement actions taken to enforce this Ordinance.

(f)

to grant variances to the requirements of this Ordinance regarding the size, location, construction and other physical characteristics of signs, providing those changes are not more than twenty (20) percent of the standards in Article IX and the issuance of the variance meets the standards set forth in Section 1020.4 below.

The Zoning Officer does not have the authority to take final action on applications or matters involving variances other than for signs, conditional use permits, special use permits, non-conforming uses, or other land use approvals that these regulations have reserved for action by the Board of Zoning Appeals or City Commission.

1000.3 Appeals of chief codes official's decisions.

(a)

Appeal. Any person aggrieved by any decision made or and action taken by the Chief Codes Official may appeal such decision or action to the Board of Zoning Appeals. Such appeal shall be taken within thirty (30) days of the date of the decision or action being appealed.

(b)

Appeal procedures. Appeals pursuant to this section shall be filed in writing with the Chief Codes Official and with the Board of Zoning Appeals. Such written appeal shall contain a notice of appeal and shall enumerate specific grounds for the appeal. The Chief Codes Official shall immediately transmit all documents and papers that constitute the record upon which the action or decision appealed from was taken.

(c)

Stay of proceedings pending appeals. An appeal of an action or decision of the Chief Codes Official stays all legal proceedings in furtherance of the action appealed from, unless the Chief Codes Official certifies to the Board of Zoning Appeal after the notice of appeal has been filed with him/her that, based on specific facts in the certificate, a stay would, in his/her opinion, cause imminent peril to life and property. In such a case, proceedings shall not be stayed except by an order issued by the Board of Zoning Appeals or by a restraining order issued by a court of competent jurisdiction.

1000.4 Violations.

(a)

Complaints regarding violations. Whenever the Zoning Officer finds or receives a written, signed complaint alleging a violation of the provisions of this Ordinance, he shall investigate the complaint, take whatever action is warranted, and inform the complainant in writing of what actions have been or will be taken.

(b)

Corrective action orders. Whenever the Zoning Officer finds, by inspection or otherwise, that any lot, structure or use, or work thereon is in violation of this Ordinance, he/she shall notify the responsible person by issuing in writing a corrective order. Such corrective order shall include the following: a statement of the nature of the violation and the remedial action necessary to effect compliance; a statement ordering discontinuance of the use of illegal buildings, structures, or land uses and/or discontinuance of any illegal work being done; the date by which the violation(s) must be corrected; the date by which an appeal of the corrective action order must be filed with the Board of Zoning Appeals; a statement that failure to obey the corrective order may result in revocation of land use and/or building permits and may result in the imposition of fines or other legal remedies.

(c)

Remedies. If any building, structure or land is used, erected, repaired, converted or maintained in violation of this Ordinance, the Zoning Officer is authorized to petition for an injunction or other appropriate legal remedy necessary to prevent or remedy the violation.

(d)

Suspension of permits. In any case in which activities are undertaken in violation of this Ordinance, not in compliance with the provisions of a permit issued under the authorization of this Ordinance, or without authorization of a permit which would otherwise be required, the Zoning Officer is hereby authorized to suspend or invalidate such permits, order that all unauthorized or improper work be stopped, direct correction of deficiencies, issue summonses to any court of competent jurisdiction, or take any other legal or administrative action appropriate to the severity of the violation and degree of threat to the public health, safety, and welfare.

(e)

Emergency measures. Notwithstanding any other provisions of this Ordinance, whenever the Zoning Officer determines that any violation of the Ordinance poses an imminent peril to life or property, he or she may institute, without notice or hearing, any necessary proceedings to alleviate the perilous condition.

(f)

Penalties. Upon conviction of a violation of any provision of this Ordinance, the violating person or persons shall be deemed guilty of a misdemeanor.

(g)

Fines. Any person, firm or corporation violating any of the provisions of this Ordinance shall upon conviction in the Cordele Municipal Court be fined by the Judge of said court within the limits set forth in Section 7.03 of the Charter of the City of Cordele, as amended. Each day such violation continues shall constitute a separate offense.

(Ord. No. 0-04-33, § 2, 10-5-04)

In addition to all land use permits and sign permits required by this Ordinance, the permits enumerated in this section are also required. Any required land use permits or approvals, including Conditional Use Permits issued by the Board of Zoning Appeals shall be obtained prior to the issuance of a Building Permit or Certificate of Occupancy.

1005.1 Building official. The Chief Codes Official is hereby designated as the Building Official.

1005.2 Building permit. It shall be unlawful to start any work exceeding a cost of one hundred dollars ($100.00) for the purpose of construction, alteration or removal of any building unless a building permit has been issued in accordance with the provisions of the this Ordinance and other applicable Georgia state laws, regulations and codes, as well as any permits required by applicable laws, regulations, and ordinances of the City of Cordele.

(a)

Contents of building permit application. The application for a building permit shall include the following information:

(1)

a site plan at a suitable scale showing the shape, size, and location of the lot to be built upon for new construction or an addition to an existing structure;

(2)

the location and footprint of any buildings currently existing on the lot;

(3)

the footprint including the shape, size, height, use and location of the building(s) to be erected, altered or moved onto the lot;

(4)

the number of dwelling units the building is designed to accommodate;

(5)

the setback line of buildings on adjoining lots;

(6)

any other information reasonably required by the Building Official to determining whether the proposal complies with the provisions of this Ordinance as well as with other laws, regulations, and ordinances of the City.

(b)

Standard for issuance of building permit. If the application complies with the provisions of this Ordinance and with all other laws, regulations, and ordinances of the city, the building permit shall be issued by the Building Official upon the payment of the required fee as set forth in the latest fee schedule adopted by the City Commission.

(c)

Posting of premises during construction. Each required permit shall be conspicuously posted by the Chief Codes Official and displayed on the premises described in the permit during the period of construction or reconstruction.

(d)

Renewal, expiration of building permit. If no substantial progress in construction has been made within six (6) months from the date the building permit is issued, the building permit shall become invalid. The Building Official may renew the permit for an additional six (6) months based on a showing of sufficient cause.

1005.3 Certificate of Occupancy.

(a)

Certificate required. A Certificate of Occupancy, stating that the proposed use of the building or land conforms to the requirements of this Ordinance and other codes and regulations adopted by the City, issued by the Building Official is required prior to the use or occupancy of:

(1)

Any lot or change in use of any lot,

(2)

A building erected, changed, converted, altered, enlarged in structure or use, or change in use of an existing building, after the effective date of this Ordinance or amendment thereto,

(b)

Standard of issuance. No certificate of Occupancy shall be issued by the Building Official unless the lot or building or structure complies with all the provisions of this Ordinance, as well as with all other laws, regulations, and ordinances of the City. The Building Official shall keep a record of all applications for Certificates of Occupancy and all Certificates of Occupancy issued. A conditional Certificate of Occupancy may be issued provided the Chief Codes Official determines that life or safety is not compromised.

1005.4 Expiration of land use permit. If the work described in any land use permit has not begun within six (6) months from the date of issuance of the permit, said permit shall expire. The Building Official shall cancel the permit and give notice of the cancellation to the affected persons.

The Board of Zoning Appeals is hereby continued. Said Board shall consist of five (5) members, who shall be citizens of the City of Cordele, and none of whom shall hold any other public office or position in the City of Cordele except that one member may also serve on the City of Cordele Planning Commission.

1010.1 Powers and duties of the board of zoning appeals. The Board of Zoning Appeals shall have the following powers and duties:

(a)

To hold public hearings and decide appeals where it is alleged that there is error in any order, requirement, decision, or determination made by the Chief Codes Official in the enforcement, administration, and interpretation of this Ordinance, where such appeal is filed with the Board within thirty (30) days after the decision or determination being appealed is rendered.

(b)

To review applications, hold public hearings, and make final decisions regarding the following:

(1)

Conditional Use Permits in accordance with Section 1015 below,

(2)

Special Use Permits in accordance with Section 1025 below,

(3)

Variances, in accordance with Section 1020 below,

1010.2 Board of zoning appeals procedures. The Board of Zoning Appeals shall elect a chairman and a vice-chairman from its members. The chairman and vice-chairman shall serve for one (1) year or until reelected or until their successors are elected. Meetings of the Board shall be held at the call of the chairman and at such other times as the Board may determine. All meetings of the Board shall be open to the public. A quorum of three (3) members is necessary to hold a meeting.

(a)

Board secretary and minutes. The Board shall appoint a nonvoting secretary, who may be an official of the City of Cordele, an employee or the City of Cordele or a member of the Cordele Planning Commission. The Board shall keep minutes of its proceedings, showing the vote of each member upon each question, or if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions. Such minutes shall be immediately placed on file in the office of the Board of Zoning Appeals and shall be a public record.

(b)

Board rules for public hearings. The Board shall adopt rules for conducting public hearings as are consistent with State law and are appropriate to its responsibilities. Said rules shall provide procedures for the presentation of evidence at public hearings, including the specification of a minimum time period for the presentation of evidence by proponents of the zoning decision and equal minimum time period for presentation by opponents of the zoning decision. A minimum of ten (10) minutes per side shall be provided. The rules shall provide for the transmittal of all documents relating to the appeal of application. Said rules shall be published and available to the public.

(c)

Board of zoning appeals powers. In exercising the powers conferred upon it by this Ordinance, the Board of Appeals may reverse or affirm, wholly or in part, or may modify the order, requirement, decision, determination, or permit being appealed. In carrying out this power, the Board shall have all the powers of the officer from whom the appeal is taken and may issue or direct the issuance of a permit. The chairman of the Board, or in his/her absence the vice-chairman, may, in the execution of the duties granted by this Ordinance, subpoena witnesses and in case of contempt may certify such fact to the Superior Court.

(d)

Voting requirements and decisions of the board of zoning appeals. The concurring vote of three (3) members of the Board of Zoning Appeals is necessary to reverse any order, requirement decision or determination of the Chief Codes Official, or to decide in favor of the applicant on any permit application or other matter upon which the Board is required to pass under this Ordinance. On all appeals, applications, and matters brought before the Board of Appeals, the Board shall inform in writing all the parties involved of its decisions and the reasons therefor. In the event a quorum of three (3) members is not present, cases on the agenda shall be rescheduled on the next month's regular meeting agenda.

1010.3 Notice Requirements for Board of Appeals Hearings. Notice of all Board of Zoning Appeals hearings shall be as follows:

(a)

Published notice. At least thirty (30) days prior to the date set by the Board of Appeals for the public hearing, a written advertisement shall be published in a newspaper of general circulation within the municipal boundaries of the City of Cordele stating the date and time, the location, and the purpose of the hearing, the location of the property being considered for the zoning action, the present zoning classification of the subject property, and a brief description of the nature of the zoning action proposed for the subject property.

(b)

Posting of property. For all Board of Zoning Appeals hearings, the Chief Codes Official shall cause to have posted in a conspicuous place on the subject property a sign not less than thirty (30) days prior to the date of the Board of Zoning Appeals hearing. Such sign shall not be less than twenty-four inches (24) by thirty-two inches (32) in size, and shall contain information regarding the date and time, location and purpose of the hearing before the Board of Appeals. No such public hearing shall take place until said signs have been posted for at least thirty (30) days. Signs shall be posted in accordance with the following rules:

(1)

Land abutting public right-of-ways. Where the subject land abuts platted right-of-ways, signs shall be erected at the location where the private ownership abuts the right-of-way; however in no instance shall signs be placed so as to obstruct the vision clearance at the intersection of public right-of-way. The number of signs required shall be as follows:

(A)

Where the subject land abuts one platted right-of-way, one (1) sign shall be erected at a location where the private ownership abuts the right-of-way;

(B)

Where the subject land abuts two platted rights-of-way, two (2) signs are required, one each at the location where the private ownership abuts each right-of-way;

(C)

Where the subject land abuts three (3) platted rights-of-way, three (3) signs are required, one each at the location where the private ownership abuts each right-of-way.

(2)

Lands not abutting any public right-of-way. Where the subject parcel does not abut any public right(s) of way, signs shall be erected at the discretion of the Codes Official upon the nearest platted right(s)-of-way; however, in no instance shall such sign(s) be placed so as to obstruct the vision clearance at the intersection of public right(s)-of-way. The number of signs required is as follows:

(A)

Parcel of one (1) acre or less — one (1) sign

(B)

Parcel greater than one (1) acre and smaller than ten (10) acres — two (2) signs

(C)

Parcel greater than ten (10) acres — three (3) signs

1010.4 Required filing fee. All applications for variances, permits, and appeals shall be accompanied by the payment of a fee to cover administrative and advertising costs, which fee shall be established by the City Commission. Said fee shall be deposited with the City Clerk. The schedule of fees shall be posted in the office of the Chief Codes Official.

1010.5 Appeal of board of appeal decisions. Any person aggrieved by any decision of the Board of Appeals shall have the right of certiorari to the Superior Court as provided by law within thirty (30) days after the decision of the Board of Appeals is rendered.

(Ord. No. 0-99-44, §§ 2, 3, 8-3-99; Ord. No. 2023-12, §§ 1, 2, 9-18-23)

Certain uses are not generally allowed in a particular zoning district, or in any other zoning districts, because the special characteristics of such uses create impacts on surrounding areas. Such uses may; however, be allowed under special conditions. The granting of a conditional use permit does not constitute a permanent change in zoning or use. The conditional use may be forfeited if it does not meet the criteria provided in the following section. Generally, a conditional use shall be compatible with the applicable zoning district under special conditions. Uses enumerated in the district regulations as conditional uses must receive approval from the Board of Zoning Appeals after a public hearing held in accordance with the notice and hearing provisions in sections 1010.2 (Board of Zoning Appeals Procedures) and 1010.3 (Notice Requirements for Board of Appeals Hearings) above.

1015.1 Application procedures.

(a)

Application contents. Each application for a Conditional Use Permit shall be signed by the property owner(s), or their authorized agent(s), and by the applicant and shall include the following information:

(1)

Name and address of applicant;

(2)

Name and address of the owner or operator of the proposed use, if different from the applicant;

(3)

Nature of the proposed use, including type of activity proposed, manner of operation, number of occupants or employees, and similar matters;

(4)

A site plan of the property at an appropriate scale showing the location, area and dimensions of the proposed use or structure(s), the height and setbacks of any proposed residential units, and including at a minimum information on proposed improvements, including identification and location of existing and proposed public and private utilities, internal circulation and parking/loading spaces, existing and proposed landscaping, buffers, and screening, grading and erosion control features, lighting, drainage, and amenities;

(5)

Certified copy of the deed to the subject property;

(6)

Any pertinent information that the Chief Codes Official may require.

1015.2 Board of zoning appeals hearing.

(a)

Board of zoning appeals public hearing requirement. Before taking action on a Conditional Use Permit application, the Board of Appeals shall hold a public hearing in accordance with the notice and hearing procedures set forth in section 1010.2 and 1010.3 above and shall consider the Conditional Use Standards set forth in Section 1015.3 below prior to making its decision.

(b)

Board of zoning appeals decision. After completing its hearing on the proposed Conditional Use Permit, the Board of Appeals may take action, including the following: approve or deny the application, defer a decision until a specified meeting date, delete or impose additional conditions, or allow a withdrawal of the application by the applicant, if requested.

1015.3 Standards for conditional use decisions. A Conditional Use may be approved where a finding is made based on the evidence presented at the public hearing that

(a)

The proposed conditional use will not be injurious to the use and enjoyment of the natural environment or of the other property in the immediate vicinity, or diminish and impair property values within the surrounding neighborhood;

(b)

The proposed conditional use will not increase local or state expenditures in relation to the cost of servicing or maintaining neighboring properties;

(c)

The establishment of the conditional use will not impede the normal and orderly development of surrounding property for predominant uses in the area;

(d)

The location and character of the conditional use is compatible with the community development pattern and is consistent with the needs of the neighborhood as described in the city's adopted Comprehensive Plan;

(e)

The standards set forth in Article VIII of this Ordinance for the particular proposed use have been met;

(f)

The proposed use will not have an adverse affect on health, safety, and general welfare of residents or workers in the area;

(g)

The proposed use as designed will minimize impacts on traffic as well as other adverse effects on the surrounding neighborhood;

The Board of Zoning Appeals is authorized upon request in specific cases to approve such variance from the terms of this Ordinance as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provision of the Ordinance will in an individual case, result in unnecessary hardship, so that the spirit of the Ordinance shall be observed, public safety and welfare secured, and substantial justice done. The existence of a non-conforming use of neighboring land, buildings, or structures in the same district or of permitted or non-conforming uses in other districts shall not constitute a reason for the requested variance.

1020.1 Use variance prohibited. No variance may be granted that would permit a use of land, building, or structures, which is not permitted by right or as a conditional use in the district in which the subject property is located.

1020.2 Application procedures.

(a)

Application contents. Each application for a variance shall be signed by the property owner(s), or their authorized agent(s), and the applicant and shall include the following information:

(1)

Name and address of applicant;

(2)

A site plan showing the location of structure and/or use for which the variance is sought;

(3)

Relationship of structure and/or use to existing structures/uses on adjacent lots;

(4)

Specific sections of this Ordinance containing regulations which would cause hardship if strictly applied;

(5)

Characteristics of property that prevent compliance with this Ordinance;

(6)

The particular hardship that would result with strict application of the Ordinance;

(7)

A certified copy of the deed for the subject property;

(8)

Any other pertinent information the Chief Codes Official may require.

1020.3 Board of zoning appeals hearing and decision.

(a)

Board of Zoning Appeals Public Hearing Requirement. Before taking action on a variance application, the Board of Appeals shall hold a public hearing in accordance with the notice and hearing procedures set forth in section 1010.2 and 1010.3 above and shall consider the Variance Standards set forth in Section 1020.4 below prior to making its decision.

(b)

Board of Zoning Appeals Decision. After completing its hearing on the proposed Variance, the Board of Appeals may take action, including the following: approve or deny the application, defer a decision until a specified meeting date, or allow a withdrawal of the application by the applicant, if requested.

1020.4 Standards for approval of a variance. A variance may be approved where a finding is made based on the evidence presented at the public hearing that all of the following conditions exist:

(a)

There are extraordinary and exceptional conditions pertaining to the particular property because of size, shape, topography of the subject property;

(b)

The literal application of this Ordinance would create an unnecessary hardship;

(c)

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

(d)

Granting the variance requested will not confer upon the property of the applicant any special privilege that is denied to other properties of the district in which the applicant's is located;

(e)

The special circumstances surrounding the request for the variance are not the result of acts by the applicant;

(f)

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 in the district;

(g)

The variance requested is the minimum variance that will make possible the legal use of the land, building, or structure.

Uses that are determined to be unclassified uses in accordance with Article VI, Section 680 of this Ordinance may apply for a Special Use Permit under the provisions of this Section.

1025.1 Uses permitted. The approval of a Special Use Permit authorizes only the uses specified in the approved Special Use Permit to be conducted on the property for which the application is submitted. The use must be conducted in accordance with the conditions approved as part of the Special Use Permit.

1025.2 Application procedures.

(a)

Application contents. Each application for a Special Use Permit shall be signed by the property owner(s), or their authorized agent(s), and the applicant and shall include the following information:

(1)

Name and address of applicant;

(2)

A certified copy of the subject property;

(3)

Proposed use of the property;

(4)

Survey plat of property showing abutting property owners;

(5)

Zoning of subject and abutting property;

(6)

A site plan of the property at an appropriate scale showing the location, area and dimensions of the proposed use or structure(s), the height and setbacks of any proposed residential units, and including at a minimum information on proposed improvements, including identification and location of existing and proposed public and private utilities, internal circulation and parking/loading spaces, existing and proposed landscaping, buffers, and screening, grading and erosion control features, lighting, drainage, and amenities;

(7)

Any other pertinent information the Chief Codes Official may require.

1025.3 Board of appeals hearing and decision.

(a)

Board of zoning appeals public hearing requirement. Before taking action on a Special Use Permit application, the Board of Appeals shall hold a public hearing in accordance with the notice and hearing provisions in sections 1010.2 and 1010.3 and shall consider the Special Use Permit Standards set forth in Section 1025.4 below prior to making its decision.

(b)

Board of zoning appeals decision. After completing its hearing on the proposed Special Use Permit, the Board of Appeals may take action, including the following: approve or deny the application, defer a decision until a specified meeting date, delete or impose additional conditions, or allow a withdrawal of the application by the applicant, if requested.

1025.4 Standards for approval of special use permit. In deciding whether or not to approve a Special Use Permit, the Board of Zoning Appeals shall consider the following:

(a)

buffer areas proposed for the use;

(b)

fencing and screening proposed for the use by the applicant;

(c)

the potential for negative impacts such as traffic, noise, erosion, air or water pollutants, and proposed measures designed to mitigate those impacts;

(d)

any increased potential for danger to public health, safety, or welfare;

(f)

the proposed hours of operation;

(g)

lot area requirements;

(h)

balancing the benefits and need of the land use with possible negative impacts and depreciating effects or damage to neighboring properties.

1030.1 Authority. The City Commission may from time to time amend this Ordinance, including districts and/or boundaries of the districts established on the Official Zoning Map. Such amendments require a public hearing by the Planning Commission and the City Commission. Such amendments shall follow the procedures set forth in this Article.

1030.2 Initiation of zoning amendments. An application to amend this Ordinance or the Official Zoning Map may be initiated by the City Commission, the Planning Commission, or by an application filed with the Chief Codes Official by any person, firm, corporation or agency, provided said individual, firm, corporation or agency is the owner of the property involved in petition for amendment, and further provided that the petition is accompanied by a payment of a fee payable to the City of Cordele to defray the normal cost of processing.

1030.3 Frequency of petitions. An existing property owner or subsequent property owner shall not initiate action for a map amendment or a text amendment affecting the same or any protion of property more often than once every six (6) months from the date of any previous decision rendered by the City Commission, provided that a property owner, with the consent of the Planning Commission, may voluntarily withdraw such his/her application one (1) time prior to the time the application is acted upon by the Planning Commission, and such withdrawn application shall not be deemed to be an initiation of application for a zoning amendment with respect to the parcel of land involved.

1030.4 Application procedures.

(a)

Application contents. Each application requesting an amendment to this Ordinance must be submitted to the Chief Codes Official. A separate application must be filed for each parcel for which a zoning amendment is sought. Each application shall be signed by the property owner(s) or his/her authorized agent include the following information:

(1)

One (1) certified copy of deed to the subject property;

(2)

Three (3) certified copies of a plat of the subject property, indicating metes and bounds and showing abutting property owners;

(3)

A statement or indication on the survey map of the current zoning of the subject property and that of abutting properties;

(4)

A statement of the change in zoning being requested, the proposed use of the subject property;

(5)

A description of all existing uses and zoning of nearby property;

(6)

A description of the extent to which the property value of the subject property is diminished by the existing zoning district classification;

(7)

A description of the suitability of the subject property under the existing zoning classification;

(8)

A description of any suitability of the subject property under the proposed zoning classification of the property;

(9)

A description of any existing use of property, including a description of all structures presently occupying the property;

(10)

The length of time the property has been vacant or unused as currently zoned;

(11)

A site plan of the property at an appropriate scale showing the proposed use, including at a minimum information on proposed improvements, including internal circulation and parking, landscaping, grading, lighting, drainage, amenities, buildings, buffers;

(12)

Any other information as may be reasonably required by the Chief Codes Official.

(b)

Filing fee. All applications other than those initiated by the City Commission or Planning Commission shall be accompanied by payment of a fee to be established by the City Commission to cover administrative and advertising costs. Such fee shall be deposited with the City Clerk.

(c)

Campaign contribution disclosure report. Applicants for rezonings who have made campaign contributions aggregating $250.00 or more to a member of the Planning Commission or City Commission within two years immediately preceding the filing of that application must file a disclosure report within ten (10) days after the application is filed in accordance with Section 1140 (Disclosure of Campaign Contributions) of this Article.

(d)

Withdrawal of amendment application. Any petition for an amendment to this Ordinance may be withdrawn at any time at the discretion of the person or agency initiating such a request, upon written notice to the Chief Codes Official, prior to the public hearing before the City Commission. If the petition is withdrawn prior to submission of the legal advertisement for a public hearing to the local newspaper, the application fee shall be refunded. If the application is withdrawn after the submission of the legal advertisement for a public hearing to the local newspaper, the application fee is forfeited by the petitioner.

1030.5 Notice Requirements.

(a)

Published notice.

(1)

City Commission and Planning commission. At least fifteen (15) days and no more than forty-five (45) days prior to the date of the public hearing by the City Commission and the Planning Commission, the Chief Codes Official shall advertise the Planning Commission's public hearing in the official paper of Cordele or in a newspaper of general circulation in the City. The notice shall state the time, place and purpose of the hearing. If the zoning decision sought by the application is for rezoning of property, the Notice shall include the location of the property, the present and proposed zoning classification of the property.

(2)

Notice for properties to be annexed. Notice for hearings by the City Planning Commission and the City Commission regarding the zoning of property to be annexed into the City of Cordele pursuant to Article III, Section 330 of this Ordinance, shall be published in a newspaper of general circulation within the territorial boundaries of the county wherein the property to be annexed is located and shall comply with Section 1030.5(a)(1) above and 1030.5(b) above.

(b)

Posting of property. Whenever a proposed amendment to this Ordinance involves changing the zoning classification of property from one zone to another, the City Commission shall cause to have posted in a conspicuous place on the subject property a sign not less than fifteen (15) days prior to the date of the Planning Commission hearing and the City Commission hearing. Such sign shall not be less than twenty-four (24) inches by thirty-two (32) inches in size, and shall contain information as to the proposed zoning change and the date, time and place of the public hearing before the Planning Commission and the City Commission.

1030.6 Planning Commission hearing and recommendation.

(a)

Planning Commission hearing. All proposed amendments to the Zoning Ordinance or Official Zoning Map shall be reviewed by the Planning Commission for a recommendation. The Planning Commission shall consider the Standards for Zoning Amendment Decisions set forth in Section 1030.8 below prior to making its recommendation.

(b)

Hearing procedures. The Planning Commission shall conduct public hearings on rezonings in accordance with the procedures set forth in Section 1035 (Public Hearing Procedures) in this Article.

(c)

Planning Commission recommendation. After completing its hearing on the proposed amendment, the Planning Commission shall submit a recommended action to the City Commission. The Planning Commission may decide not to make a recommendation, or it may make a recommendation to the City Commission, including the following: approval, denial, deferral, withdrawal, reduction of the land area for which the application is made, change of the zoning district requested, or imposition of conditions. If no recommendation is made by the Planning Commission, then it shall report to the City Commission that it makes no recommendation on the application. The Planning Commission shall also submit to the City Commission any additional reports it deems appropriate. The recommendations of the Planning Commission shall have an advisory effect only and shall not be binding on the City Commission.

(1)

Time limit to submit recommendation. The Planning Commission's recommendations shall be submitted to the City Commission within forty-five (45) days after the conclusion of the Planning Commission' public hearing. If, however, the Planning Commission fails to submit a recommendation within said forty-five (45) days, the Planning Commission shall be deemed to have recommended approval of the proposed amendment.

1030.7 City Council [Commission] decision.

(a)

City Commission decision. Following a public hearing conducted pursuant to Section 1030.5 of this Article, the City Commission's decision shall consider the Standards for Zoning Amendment Decisions set forth in Section 1030.8 below in reaching its decision. The City Commission may in its legislative discretion, approve or deny the application, defer a decision until a specified meeting date, or allow a withdrawal of the application by the applicant. if requested. If the City Commission takes no action within thirty (30) days after the City Commission's first consideration of the matter, then the Planning Commission's recommendation shall become a final determination, and will be promptly enacted in proper legal form by the City Commission.

(b)

Defeat of proposed amendment. If the proposed application is for the rezoning of property and the amendment to the zoning ordinance to accomplish the rezoning is defeated by the City Commission, then the same property may not again be considered for rezoning until the expiration of at least six (6) months immediately following the defeat of the rezoning by the City Commission.

(c)

Appeal of city commission decision. Any person, firm or corporation aggrieved by the final action of the City Commission shall have the right of certiorari to the Superior County within thirty (30) days after such final action.

1030.8 Standards for zoning amendment decisions. The City Commission recognizes that proper exercise of its zoning powers requires considering and balancing of the interests in promoting the public health, safety, morality and general welfare against the right to unrestricted use of property. To ensure a proper balancing of the such interests, the Planning Commission, in making its recommendation, and the City Commission, in making its decision on any zoning amendment application shall consider the following standards that are adopted in accordance with O.C.G.A Section 36-66-5(b):

(a)

Existing uses and zoning of nearby properties;

(b)

The extent to which the property value is diminished by the present zoning;

(c)

The extent to which destruction of the property value of the plaintiff promotes the health, safety, morals or general welfare of the public;

(d)

The relative gain to the public as compared to the hardship imposed on the individual property owners;

(e)

The suitability of the property for its current zoning; and

(f)

The length of time the property has been vacant as zoned, considered in the context of land development in the area in the vicinity of the property.

(Ord. No. 2021-06, §§ 1, 2, 7-20-21)

Whenever a public hearing is required by this Ordinance or by state law to be held by the Planning Commission prior to a proposed zoning amendment, such hearing shall be governed by the provisions set forth in this Section, which is adopted pursuant to O.C.G.A. section 36-66-5(a), as amended.

1035.1 Administrative record. Minutes of the meeting will be taken by secretary to Planning Commission his designee. A complete transcript of a public hearing may be requested and will be available at expense of party making the request. Copies of the Chief Codes Official's findings and recommendations as well as the Planning Commission's recommendation and report shall be available upon request to interested members of the public at the hearing held before the City Commission.

1035.2 Presiding officer to call the meeting to order. The public hearing shall be called to order by the presiding officer.

1035.3 Staff report. The Chief Codes Official, or his designee, shall present information and the opinion of the Chief Codes Official on the application, including the following:

(a)

the location of the property that is the subject of the application;

(b)

the present zoning classification of the subject property;

(c)

a description of the requested zoning permit or approval, including the zoning classification proposed for the property if the application is for a rezoning;

(d)

the written record of the report or investigation prepared by the Chief Codes Official and the recommendations proposed by the Chief Codes Official;

(e)

for decisions made by the City Commission, the recommendation of the Planning Commission and any additional information designated by the Planning Commission to be presented to the City Commission; and

(f)

any additional information considered to be relevant to application by the Chief Codes Official.

1035.4 Applicant's initial presentation. The applicant or applicant's agent shall present and explain his application after the staff report is given in accordance with Section 1035.3 above. The applicant will be allowed a total of 10 minutes within which to make his initial presentation of data, evidence, and opinion.

1035.5 Other interested parties. At the conclusion of the applicant's presentation pursuant to Section 1035.4 above, interested parties as recognized by the Chairman of the Planning Commission, shall be afforded an opportunity to address the proposed application by standing before the Planning Commission and stating their name, address, and interest, as well as any comments on the pending application. Interested parties other than the applicant who are proponents of the application are allowed a total of ten (10) minutes as a group to offer data, evidence, and opinion in support of the pending application. Interested parties opposing an application are allowed a total of twenty-five (25) minutes as a group to address their opposition to the application. It is suggested that proponents, other than the applicant, and opponents of the application each obtain one spokesperson to present their views.

1035.6 Applicant's summary. The applicant shall have an opportunity for summary remarks concerning the pending application, with a five (5) minute time limit, at which time the presiding officer shall close the public hearing.

1035.7 Continuation of public hearing. A public hearing conducted by the Planning Commission in accordance with this Ordinance may be continued to the next regular meeting date and for additional meeting dates without further legal notice as good planning requirements dictate and as the Planning Commission deems necessary, and the date posted on any official sign advertising the hearing may be changed to reflect the continued hearing date.

1035.8 Deliberation by the hearing body. At the close of the public hearing, the Planning Commission shall deliberate on the proposal and take action on the application.

1035.9 Speakers' conduct. During the course of a public hearing on a zoning action, each speaker shall speak only to the merits of the pending application and shall address his remarks only to the members of the Planning Commission. Each speaker shall refrain from personal attacks on any other speaker or the discussion of facts or opinions irrelevant to the pending application. The presiding officer may limit or refuse a speaker the right to continue, if the speaker, after first being cautioned, continues to violate this subsection.

1040.1 Disclosures required for applicants. When any applicant for a rezoning or other zoning action or approval has made, within two (2) years immediately preceding the filing of that application, campaign contributions aggregating $250.00 or more to an official of the City of Cordele, or to a member of the Planning Commission, or City Commission, it shall be the duty of the applicant and any attorney representing the applicant to file a disclosure report with the City within ten (10) days after the application for rezoning is filed. Such disclosure report shall include the following information:

(a)

The name and official position of the official of the City of Cordele or the member of the Planning Commission, or City Commission to whom the campaign contribution was made; and

(b)

The dollar amount and description of each campaign contribution made by the applicant to the official during the two (2) years immediately preceding the filing of the application and the date of each such contribution.

1040.2 Disclosures required for opponents of rezoning actions. When any opponent of a rezoning has made, within two years immediately preceding the filing of the application being opposed, campaign contributions aggregating $250.00 or more to official of the City of Cordele or to a member of the Planning Commission, or City Commission, it shall be the duty of the opponent to file a disclosure report with the City at least five (5) calendar days prior to the first hearing held by the Planning Commission to consider the zoning matter. Such disclosure report shall include the following information:

(a)

The name and official position of the official of the City of Cordele or the Planning Commission, or City Commission to whom the campaign contribution was made; and

(b)

The dollar amount and description of each campaign contribution made by the applicant to the official during the two (2) years immediately preceding the filing of the application and the date of each such contribution.

1045.1 Definitions.

(a)

Applicant: Any person or entity applying for a rezoning action or other zoning approval and any attorney or other person representing or acting on behalf of a person who applies of a rezoning or other zoning action.

(b)

Business entity: Any corporation, partnership, limited partnership, firm, enterprise, franchise, association, or trust.

(c)

Financial interest. All direct ownership interests of total assets or capital stock of a business entity where such ownership interest is ten percent (10%) or more.

(d)

City official: A City Commission Member of the City of Cordele, Georgia, or any member of the Cordele Planning Commission or Board of Zoning Appeals.

(e)

Member of the family: The spouse, mother, father, brother, sister, son, or daughter of a city official.

(f)

Property interest: The direct ownership of real property, including any percentage of ownership less than total ownership.

(g)

Real property: Any tract or parcel of land and, if developed, any buildings or structures located on the land.

(h)

Rezoning action: Action by the City Commission of Cordele, Georgia, adopting an amendment to a zoning ordinance which has the effect of rezoning real property from one zoning classification to another.

1045.2 Disclosure of financial interests. Any City Official who:

(a)

Has a property interest in any real property affected by a rezoning action which that city official's local government will have the duty to consider is authorized to vote; or

(b)

Has a financial interest in any business entity which has a property interest in any real property affected by a rezoning action upon 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 paragraph (a) or (b) of this Section

shall immediately disclose the nature and extent of such interest, in writing, to the City Commission. Such City Official shall disqualify himself from voting on the rezoning action. Disclosures made in accordance with this section shall be a public record and shall be available for public inspection at any time during normal business hours.