Pursuant to the constitution and laws of the state, the city council established a planning and zoning commission. The duly appointed planning and zoning commission shall carry out all of the duties imposed upon it by the laws of the state of and by ordinances of the city.

(Ord. No. 2012-04, § 1(Exh. A), 6-11-2012)

(a)

Members. The planning and zoning commission shall be composed of seven members, who are residents of the city. The city mayor shall nominate members to council who shall approve said nominees by a majority vote.

(b)

Terms. The term of office of the members of the planning and zoning commission shall be four years or until their successors are appointed. The four-year terms shall be staggered.

(c)

Vacancies. Resignations from the planning and zoning commission must be submitted in writing to the secretary of the planning and zoning commission. The city mayor and council, upon receiving the written basis and after a public meeting, shall remove members of the planning and zoning commission for just cause, including, but not limited to:

(1)

Failure to attend three consecutive, regular voting meetings of the planning and zoning commission;

(2)

Failure to maintain permanent residence within the jurisdiction of the city; or

(3)

Violation of planning and zoning commission bylaws or rules of procedure.

Vacancies caused by resignation or for other reasons shall be filled for the unexpired term in the same manner as for a full term.

(d)

Eligibility. Members of the planning and zoning commission must be residents of the city. Members may not be employed by the city. Members of the planning and zoning commission may not serve as elected officials of the city. Appointments to the planning and zoning commission shall be made from all segments of the community without permitting any special interest group to gain control of the commission.

(Ord. No. 2012-04, § 1(Exh. A), 6-11-2012; Ord. of 10-28-2019(1); Ord. No. 2023-12, § 1(Exh. A), 7-24-2023)

Elections for officers will occur at the planning and zoning commission's first regular voting meeting of the city's fiscal year.

(1)

Chair. The planning and zoning commission shall elect one of its members as chair, who will serve for one year or until a successor is elected. The chair shall direct the secretary to prepare the agenda for each meeting.

(2)

Vice chair. The planning and zoning commission shall elect one of its members as vice chair, who will serve for one year or until a successor is elected. The vice chair shall serve as acting chair of the planning and zoning commission in the absence of the chair. Upon the resignation or disqualification of the chair, the vice chair shall assume the position of chair for the remainder of the unexpired term.

(3)

If neither the chair nor the vice chair is present for a meeting, then the planning and zoning commission shall elect on the record at such meeting, a member who is present to serve as temporary acting chair for that meeting only.

(4)

Secretary. The director of planning or lawful designee shall serve as the planning and zoning commission's secretary. The secretary shall keep minutes of 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 evidence, examination and official actions, all of which shall be filed and shall be a public record.

(5)

The planning and zoning commission shall make its own bylaws and rules of procedure and shall determine its time of meeting. All meetings of the planning and zoning commission at which official action shall be taken shall be open to the public and all records of the planning and zoning commission shall be public records and shall be kept in the custody of the city clerk.

(6)

The planning and zoning commission shall hold one public hearing prior to making a decision for any petition for which they have authority to take final action. For all other decisions which result in a recommendation to the mayor and city council, only a public meeting is required at the planning and zoning commission meeting. The public hearing required by O.C.G.A. § 36-66-1 et seq. for those petitions shall be held at a mayor and city council meeting.

(Ord. No. 2012-04, § 1(Exh. A), 6-11-2012; Ord. of 10-28-2019(1); Ord. No. 2023-12, § 1(Exh. A), 7-24-2023)

To constitute a quorum for the transaction of business, there shall be required to be present at any meeting of the planning and zoning commission at least four members.

Decisions of the planning and zoning commission. The decisions of the planning and zoning commission shall be by majority vote of the members present and voting, a quorum being present. In the event of a member's abstention based on a conflict of interest or other disqualification, the abstention shall count as if that member were absent and the number of persons necessary for a majority shall be reduced accordingly without affecting the quorum. The chair of the planning and zoning commission will vote only in the instance of a tie vote. Recommendations to the mayor and council shall be for the approval, approval with conditions, or denial of an application. Final decisions on applications or matters before the planning and zoning commission, such as appeals heard by the planning and zoning commission, shall be approved, approved with conditions, tabled, or denied.

(Ord. No. 2012-04, § 1(Exh. A), 6-11-2012)

(a)

Meetings of the planning and zoning commission shall be held at the call of the chair and at such other times as the planning and zoning commission may determine. All meetings of the planning and zoning commission shall be open to the public. However, members of the public shall not address the planning and zoning commission until invited to do so by the chair. Regular meetings of the planning and zoning commission shall be held monthly. Called meetings may be held, as needed, following provisions in the bylaws section: V(B).

(b)

The regular planning and zoning commission meeting schedule is as follows, unless otherwise announced:

(Ord. No. 2012-04, § 1(Exh. A), 6-11-2012)

The planning and zoning commission shall maintain in current condition a future land use map which shall be updated every five years and submitted to the city council at a specially called meeting for its consideration.

(Ord. No. 2012-04, § 1(Exh. A), 6-11-2012)

Every recommendation of the planning and zoning commission to the mayor and council of the city shall be transmitted to the mayor and council, along with a complete file related to such action, in time for the next regularly scheduled meeting of the mayor and council.

(Ord. No. 2012-04, § 1(Exh. A), 6-11-2012)

It shall be the duty of the director of planning and zoning director to attend, or have representatives from their offices to attend, all meetings of the planning and zoning commission.

(Ord. No. 2012-04, § 1(Exh. A), 6-11-2012; Ord. of 10-28-2019(1); Ord. No. 2023-12, § 1(Exh. A), 7-24-2023)

Editor's note— Ord. No. 2023-12, § 1(Exh. A), adopted July 24, 2023, amended the title of § 80-286 to read as herein set out. The former § 80-286 title pertained to director of planning and zoning to attend meetings.

The planning and zoning commission shall have the following powers and duties in the administration of this chapter.

(1)

Review and recommendation on proposed zoning amendments. To review all proposed amendments to the zoning ordinance text or map, and to make recommendations thereon to city council.

(2)

Administrative review. To hear and decide appeals where it is alleged there is error in any order, requirement, decision, or determination made by the director of planning in the enforcement of this chapter. Requests for administrative review shall be filed in writing and transmitted to the planning and zoning commission on forms and in the manner provided by the director of planning.

(3)

Variances. To hear and decide applications for primary variance requests.

(4)

Variances. To authorize upon appeal in specific cases such variances from the terms of this chapter as will not be contrary to the public interest where, owing to special conditions, fully demonstrated on the basis of facts presented by the appellant, that literal enforcement of the provisions of the regulations will result in great practical difficulties or unnecessary hardship provided that the spirit of the this chapter shall be observed, the rights and interests of other property owners or tenants are protected, public safety and welfare are secured, and substantial justice is done. Such variances may be granted in individual cases of great practical difficulties or unnecessary hardship only upon a specific finding, of the planning and zoning commission of at least one of the following conditions exists:

a.

Relief, if granted, would be in harmony with, or, could be made to be in harmony with, the general purpose and intent of this chapter; or

b.

The application of the particular provision of this chapter to a particular piece of property, due to extraordinary and exceptional conditions pertaining to that property because of its size, shape or topography, would create an unnecessary hardship for the owner while causing no detriment to the public; or

c.

Conditions resulting from existing foliage or structures bring about a hardship whereby a sign meeting minimum letter size, square footage and height requirements cannot be read from an adjoining public road.

Applications for variances shall be submitted in accordance with the advertised filing deadlines, depending in accordance with subsection 80-269(4).

(5)

Reconsideration of denied or rejected variance application. Any application for variance request may not be reconsidered for a period of 12 months after it has been rejected or denied by the planning and zoning commission, unless by court order or pursuant to a settlement of litigation approved by the city council.

(Ord. No. 2012-04, § 1(Exh. A), 6-11-2012; Ord. of 10-28-2019(1))

Powers and duties.

(1)

In exercising its powers, the planning and zoning commission, in conformity with the provisions of this article may reverse or affirm, wholly or in part, or may modify the order, requirements, decisions or determination of the director of planning and may issue, or direct the issuance of a permit.

(2)

Application or appeal to the planning and zoning commission for relief may be made by any person aggrieved by any decision of the director of planning or other city official, based on this article;

a.

Every appeal for administrative review, use permit, or variance shall be filed on forms and in the manner prescribed by the director of planning within 30 days of the decision or determination by the director of planning or other city official that provides the basis for such appeal.

b.

An application form, provided by the director of planning and completed by the applicant, together with all papers constituting the record upon which the action appealed from was taken shall forthwith be transmitted via the director of planning and the planning and zoning commission.

c.

All requests for administrative review or for variances shall be accompanied by other information required by this chapter, plus a written legal description of the land area which is the subject of the proposed administrative review, use permit or variance, and a current boundary survey of the land area made by a registered land surveyor as specified in and in conformity with the provisions of article VI.

(Ord. No. 2012-04, § 1(Exh. A), 6-11-2012; Ord. of 10-28-2019(1); Ord. No. 2023-12, § 1(Exh. A), 7-24-2023)

Every application for administrative review or variance shall be accompanied by authorization by the owner for the application to be made by the applicant.

(Ord. No. 2012-04, § 1(Exh. A), 6-11-2012; Ord. No. 2023-12, § 1(Exh. A), 7-24-2023)

When an appeal for an administrative review or an application for a use permit or for a variance is made, the appellant or applicant shall pay a fee to the city to cover and defray administrative and processing costs. The amount of such fee shall be as set forth in the fee schedule available in the planning and zoning department.

(Ord. No. 2012-04, § 1(Exh. A), 6-11-2012)

The planning and zoning commission shall fix a reasonable time for holding public hearings on applications, appeals or other matters referred to it and give at least 30 days', but no more than 45 days', public notice thereof in a newspaper of general circulation, and decide same within a reasonable time frame. Upon a hearing, any party may appear in person, by agent, or by attorney. Additionally, notice of the public hearing shall be sent to the owner of the property that is the subject of the proposed action at least 30 days prior to the hearing date by regular mail. The dates of such hearings shall be set forth in the hearing schedule available in the planning and zoning department.

(Ord. No. 2012-04, § 1(Exh. A), 6-11-2012; Ord. No. 2023-12, § 1(Exh. A), 7-24-2023)

An application or appeal for relief filed with the planning and zoning commission stays all legal proceedings in furtherance of the action appealed from, unless the director of planning certifies to the planning and zoning commission after the notice of appeals shall have been filed with him or her that, by reason of facts stated in the certificate, a stay would, in his or her opinion, cause imminent peril to life and property. In such case, proceedings shall not be stayed otherwise than by restraining order which may be granted by planning and zoning commission or by court of record on application, on notice to the official from whom the appeal is taken and on due cause shown.

(Ord. No. 2012-04, § 1(Exh. A), 6-11-2012; Ord. of 10-28-2019(1))

On all appeals, applications and other matters brought before it, the planning and zoning commission shall inform all the parties involved of its decision and the reasons, therefore.

(Ord. No. 2012-04, § 1(Exh. A), 6-11-2012; Ord. of 10-28-2019(1))

(a)

Authority to file. Any person aggrieved by a final decision may seek review in accordance with the appeals proceedings in O.C.G.A. § 36-66-1 et seq.

(b)

A person is considered aggrieved for purposes of this section only if the person or their property was the subject of the action appealed from, or the person has a substantial interest in the action being appealed that is in danger of suffering special damage or injury not common to all property owners similarly situated.

(c)

Application filing. Appeals of final quasi-judicial decisions, as categorized by Georgia law, shall be by way of a petition for review as provided for in O.C.G.A. ch. 4, tit. 5 to the Fulton County Superior Court, with the petition for review obtained within 30 days of the decision, and following the statutory procedures to obtain the petition for review. All other final decisions shall be appealed to the Fulton County Superior Court within 30 days of the date of the decision and in accordance with the procedures established by Georgia law.

(d)

Authority to accept service. The planning and development director shall be authorized, without additional board or agency action, to accept service and/or to approve or issue any form or certificate necessary to perfect the petition described in the Georgia Zoning Procedures Law, O.C.G.A. § 36-66-1 et seq., for review of lower judicatory bodies and upon whom service of such petition may be effected or accepted on behalf of the lower judicatory board or agency, during normal business hours, at the City of Fairburn City Hall.

(Ord. No. 2012-04, § 1(Exh. A), 6-11-2012; Ord. No. 2023-12, § 1(Exh. A), 7-24-2023)