Whenever the public necessity, convenience, general welfare or good zoning practice justify such action, and after consideration by the city planning and zoning commission, the mayor and council of the city may, by ordinance, amend the regulations set forth in this chapter and may change the zoning districts as established on the official map of the city.

(Ord. No. 2008-10Z, exh. A, § 12.01, 8-25-2008)

A proposed amendment to a zoning district or zoning text may be initiated by the city planning and zoning commission, the mayor and council of the city or by an application filed with the clerk of the city of one or more owners of property within the area proposed for a zoning amendment. However, a property owner shall not initiate action for a zoning amendment affecting the same parcel more often than once every 12 months, except where the council has approved an ordinance to waive the 12-month waiting period between the filing of applications affecting the same parcel of property. This provision shall not be construed as impairing the right of the planning and zoning commission or the council to propose an amendment at any time on their own initiative. A property owner, with the consent of the planning and zoning commission, may voluntarily withdraw such owner's application or a proposed change of district one time prior to action on the application by the planning and zoning commission. Such withdrawn application shall not be deemed to be initiation of an application for zoning amendment with respect to the parcel of land involved. Any communication purporting to be an application for an amendment shall be regarded as mere notice to seek relief until it is made in the form required. Upon receipt of any such communication, the interested parties shall be supplied with the proper forms for presenting applications.

(Ord. No. 2008-10Z, exh. A, § 12.02, 8-25-2008)

Before action is taken on any application of an owner, or owners, or an agent thereof, of property within the area proposed for a zoning amendment as provided by this article, the applicant shall deposit with the clerk of the city a fee to cover the approximate cost of the procedure. Prior to action by the planning and zoning commission, the required fee may be refunded on request of the applicant; thereafter the fee shall not be refunded.

(Ord. No. 2008-10Z, exh. A, § 12.03, 8-25-2008)

No amendment shall be made or become effective until the same shall have been proposed by or be first submitted for review by the city planning and zoning commission. The commission shall transmit its report upon the proposed amendment to the mayor and council within 30 days following the commission meeting at which it was considered. Upon receipt of this report or at the expiration of the 30-day period, the mayor and council of the city may proceed to set a public hearing and consider the such amendment.

(Ord. No. 2008-10Z, exh. A, § 12.04, 8-25-2008)

(a)

Notice requirements.

(1)

Before adopting any amendment to the city official zoning map or text of this chapter, the mayor and council shall hold a public hearing thereon, official notice of which shall be given in a newspaper of general circulation in the city, at least 15 days, but not more than 45 days, prior to the hearing.

(2)

The newspaper notice of the public hearing shall include the time, place and purpose of the hearing. Such notice shall include the location of the property, the present zoning classification and the proposed zoning classification, for amendments involving a change to the zoning classification of a parcel of land.

(3)

Property owner notice. Mailed notice shall be made via USPS to the owner(s) of record on the current tax records of the city as retrieved by the city's geographic information system at least 30 days, but not more than 45 days, before the date of the public hearing.

(4)

Whenever a proposed amendment to this chapter, initiated by a party other than the city, involves changing the zoning classification of property from one type of zone to another, the mayor and council shall have a sign posted in a conspicuous place on the property not less than 15 days prior to the date of the public hearing. Such posted sign shall contain information as to the proposed zoning change and the date, time and place of the public hearing. Proposed zoning ordinance amendments and proposed revisions to the official zoning map initiated by the city shall not require the posting of signs on affected property; unless the proposed revision includes five or fewer parcels of land.

(5)

The public hearing by the mayor and council may be continued to the next regular meeting date and for additional meeting dates without further legal notice as good planning practices dictate, and the mayor and council deem necessary. The date posted on any official sign advertising the hearing may be changed to reflect the continued hearing date.

(6)

When any of the following actions are proposed, reference the Georgia Zoning Procedures Law, O.C.G.A. § 36-66-1 et seq., for additional hearing notice requirements:

a.

City-initiated rezoning and/or text amendment to revise a zoning classification related to single-family residential uses of property so as to authorize multifamily uses of property pursuant to such classification or definitions, or to grant blanket permission, under certain or all circumstances, for property owners to deviate from the existing zoning requirements of a single-family residential zoning; or

b.

Zoning decisions which relates to or will allow the location or relocation of a halfway house, drug rehabilitation center, or other facility for the treatment of drug dependency. See O.C.G.A. § 36-66-4(f); or

c.

Zoning for property to be annexed into a municipality. See O.C.G.A. § 36-66-4(d).

(b)

Policies and procedures for calling and conducting public hearings on zoning.

(1)

The term "zoning," when used in this subsection, shall mean:

a.

A legislative act representing a legislative judgment as to how the land within a city should be utilized and where the lines of demarcation between the several use districts should be drawn.

b.

An exercise of local government's police power wherein the local government attempts to balance the interest of promoting the public health, safety, morality or general welfare against the property owner's right to the unrestricted use of his property.

c.

As defined by state law O.C.G.A. § 36-66-1 et seq.

(2)

The basic issue to be decided in any zoning hearing is whether a zoning regulation and/or classification bears a reasonable relationship to the public health, safety, morality or general welfare and, therefore, may be justified.

(3)

Public hearing procedures shall be as follows:

a.

The mayor and council have mandated that prior to any amendment of the city's zoning ordinance (text or map), the mayor and council will hold a public hearing thereon. Notice of such hearing shall be as provided in subsection (a) of this section.

b.

All hearings shall be conducted by the mayor and council, with the mayor presiding. The mayor shall indicate that a public hearing has been called for consideration of a zoning amendment. The mayor and council shall consider each application on an individual basis.

c.

At the public hearing, the mayor shall ask for a show of hands of those persons who are in support of the application. The applicant and those persons wishing to appear in support of the application shall have not less than ten minutes to present positions in support of the application, provided that if the number of persons wishing to appear in support of the application is in excess of that which may reasonably be heard, the mayor may request that a spokesman for the group be chosen so that the entire presentation of the positions of those in support of the application shall not exceed 30 minutes.

d.

After the comments and concerns of those in favor of the zoning amendment have been heard, the mayor will ask for a show of hands of those persons in opposition to the application. Those persons wishing to appear in opposition to the application shall have not less than ten minutes to present positions in opposition of the application, provided however that if the number of persons wishing to appear in opposition to the application is in excess of that which may reasonably be heard, the mayor may request that a spokesman for the group be chosen so that the entire presentation of the positions of those in opposition to the application shall not exceed 30 minutes.

e.

After comments and concerns of the public have been heard, the mayor and council may request a report from officers or agents of the city.

f.

The applicant for the zoning amendment shall be allowed up to five minutes for rebuttal and final comment.

g.

After the above procedures have been completed, the mayor will indicate that the public hearing is formally closed.

(4)

When any of the following actions are proposed, reference the Georgia Zoning Procedures Law, O.C.G.A. § 36-66-1 et seq., for additional hearing procedural requirements:

a.

City-initiated rezoning and/or text amendment to revise a zoning classification related to single-family residential uses of property so as to authorize multifamily uses of property pursuant to such classification or definitions, or to grant blanket permission, under certain or all circumstances, for property owners to deviate from the existing zoning requirements of a single-family residential zoning; or

b.

Zoning decisions which relates to or will allow the location or relocation of a halfway house, drug rehabilitation center, or other facility for the treatment of drug dependency. See O.C.G.A. § 36-66-4(f); or

c.

Zoning for property to be annexed into a municipality. See O.C.G.A. § 36-66-4(d).

(5)

The mayor and council shall take the following actions following the public hearing:

a.

The mayor and council will take action to approve or deny the proposed zoning amendment. The decision of the council is by a majority of the council members present. The mayor will vote only in case of a tie vote. In such case, the mayor votes in order to resolve the question. The vote will be taken in public and announced to those present.

b.

If the zoning decision of the mayor and council is for the rezoning of property and the amendment to the zoning ordinance to accomplish the rezoning is denied by the mayor and council, then the same property owner or his authorized agent or representative may not again apply for rezoning on the same property until the expiration of at least 12 months immediately following the denial of the rezoning by the mayor and council, except; provided, however, that unless otherwise provided by state law, the council may approve an ordinance to waive the 12 month waiting period between the denial of an application and the filing of a new application affecting the same parcel of property. This provision shall not be construed as impairing the right of the planning and zoning commission or the council to propose an amendment at any time on their own initiative unless otherwise precluded from doing so under state law.

(Ord. No. 2008-10Z, exh. A, § 12.05, 8-25-2008; Ord. of 10-28-2019(1); Ord. No. 2023-12, § 1(Exh. A), 7-24-2023)

(a)

In ruling upon any application for a zoning map amendment, or any other zoning decision, the mayor and council shall act in the best interest of the health, safety, morals and general welfare of the city. In doing so, they will consider one or more of the following standards of review which are relevant to the application:

(1)

Whether the proposal is consistent and/or compatible with the city's plans, goals and objectives reflected in the city's comprehensive plan.

(2)

How the proposal impacts the purposes of the overall zoning scheme, and whether the proposed change furthers the purposes of these zoning regulations. Applications for zoning amendments that do not contain specific site plans carry a rebuttable presumption that the proposed change shall adversely affect the zoning scheme.

(3)

How the proposal impacts the character of the zoning district, the particular piece of property, neighborhoods, or the community.

(4)

Whether the proposal creates an isolated district unrelated to adjacent properties and nearby districts.

(5)

How the proposal impacts the aesthetic character of existing and future uses of the property and the surrounding area.

(6)

Whether the proposal is consistent with adjacent development densities and the density patterns reflected in the comprehensive plan.

(7)

How the proposal impacts the public health, safety, and general welfare.

(8)

How the proposal impacts water, sewerage, other public facilities, or public services, and how the proposed amendment impacts expenditures of public funds.

(9)

How the proposal impacts traffic safety and congestion.

(10)

How the proposal impacts environmental conditions, including, but not limited to, drainage, soil erosion and sedimentation, flooding, air quality, water quality and quantity.

(11)

How the proposal impacts the provision of adequate light and air.

(12)

How the proposal impacts the value of adjacent property.

(13)

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

(14)

Preservation of the integrity of residential neighborhoods shall carry greater weight than other factors. Where property fronts on a major thoroughfare and also adjoins an established residential neighborhood, the factor of preservation of the residential area shall carry greater weight.

(b)

After hearing evidence at the zoning hearing, the mayor and council shall apply the evidence to the standards of review in making their decision. The mayor and council are not required to consider every criterion in the standards of review. The applicant carries the burden of proof that the proposed zoning map amendment promotes the public health, safety, morality or general welfare.

(c)

If the mayor and council determine from the evidence presented that the applicant has shown that the proposed zoning map amendment promotes the health, safety, morals or general welfare under the standards of review, then the application shall be granted, subject to those reasonable conditions that may be imposed by the mayor and council. Otherwise, such applications shall be denied.

(d)

In ruling upon any petition in which the petitioner has brought a challenge to the existing zoning classification, the mayor and council shall follow these general lines of inquiry:

(1)

The existing uses and zoning of the subject and surrounding property.

(2)

The extent to which property values may be diminished by the particular zoning restrictions.

(3)

The extent to which the reduction of property values, if any, promotes the health, safety, morals or general welfare of the public.

(4)

The relative gain to the public, as compared to the hardship, if any, imposed upon the individual property owner.

(5)

The suitability of subject property for development purposes as presently zoned.

(6)

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

(e)

The existing zoning classification shall be presumed to be valid; it shall be the responsibility of the applicant to present evidence to rebut this presumption.

(f)

If the mayor and council determine, from the evidence presented, that the existing zoning classification is unduly burdensome to the applicant and is not offset by consideration of the public's health, safety, morals, and general welfare, and consideration of the integrity of this chapter and of the official zoning map, the mayor and council may impose any appropriate zoning classification, including allowable conditions, which might be consistent with the considerations outlined in subsection (a) of this section.

(Ord. No. 2008-10Z, exh. A, § 12.06, 8-25-2008; Ord. of 10-28-2019(1); Ord. No. 2023-12, § 1(Exh. A), 7-24-2023)

The comprehensive land use plan (CLUP) may be amended from time to time for specific properties on the CLUP future land use map by the city council under the procedures hereinafter specified. Such changes are referred to as "CLUP amendments" in the ordinance.

(a)

Initiation.

(1)

A proposed change in the land use designation on the future land use map may be initiated by the city council, the planning commission, or by any person who owns property within the city. Unless initiated by the city council or the planning commission, all such applications shall be initiated by the owner of a majority interest in the property affected.

(2)

Any other proposal to change or amend the comprehensive land use plan shall only by initiated by the city council or the planning commission, and shall be considered under the requirements of the Minimum Standards and Procedures for Local Comprehensive Planning as adopted by the Georgia Board of Community Affairs, in lieu of the procedures herein.

(3)

A CLUP amendment initiated by a property owner shall be submitted to the director within filing deadlines and on application forms prepared by the City of Fairburn. The application forms and filing deadlines shall be published and made available to the public. All applications not filed by the city shall be accompanied by a non-refundable fee as fixed from time to time by the City of Fairburn.

(4)

An application for a CLUP amendment affecting the same property shall not be considered by the city council more often than once every 12 months; provided, however, that the city council may approve a reduction in the waiting period.

(b)

Public hearing process. Before taking final action on a proposed CLUP amendment, the mayor and city council each shall hold a public hearing on the proposal. The director shall publish the schedule of the public hearing dates on an annual basis, along with application filing deadlines.

(1)

Public notice.

a.

Notification to the general public.

1.

At least 15 days, but not more than 45 days, prior to each public hearing, notice shall be published in a newspaper of general circulation within the city. The director shall prepare such notice, which shall state the time, place and purpose of the hearing.

2.

If a CLUP amendment is to be heard at the public hearing then:

i.

The notice, in addition to the requirements above, shall include the location of the property, the present land use designation of the property and the proposed land use designation of the property; and

ii.

The director shall post, at least 15 days prior to the public hearing, on a conspicuous place on the property for which an application has been submitted, a sign or signs stating the date, time and place for the public hearing, and the public hearing case number.

b.

Notice to surrounding property owners. If the proposed CLUP amendment affects only one property, notice shall also be given to the surrounding property owners as follows:

1.

At least 15 days prior to the first public hearing at which the amendment will be considered, the director shall cause a notice to be mailed to all persons owning record title to the property located within 1,000 feet of the property that is the subject matter of amendment.

2.

The notice shall state the time, place and purpose of the hearings by the mayor and city council. The written notice shall be mailed to the last known address of the property owners as such addresses appear on the Fulton County ad valorem tax records.

c.

Neighborhood meeting. At least one neighborhood meeting must be held to discuss the request at least 15 days before the public hearing. The neighborhood meeting must comply with standards and procedures outlined in section 80-474 and section 80-475.

d.

Associated applications for zoning or use. If an application for a CLUP amendment is associated with a proposal to rezone property or to obtain approval of a use, the public notice for the CLUP amendment and the zoning change and conditional use may be combined.

(2)

City council.

a.

The director or his or her designee shall present each proposed CLUP amendment to the city council, together with the staff recommendation.

b.

Following the public hearing, action may be taken by the city council by majority of those voting approving or rejecting the proposal, or allowing withdrawal if so requested by the applicant (with or without prejudice), or the city council may table the proposal for consideration at its next regular meeting.

(c)

Standards for CLUP amendment approval. The mayor and city council shall consider the following in evaluating a CLUP amendment, giving due weight or priority to those factors particularly appropriate to the circumstances of the application:

(1)

The extent to which a change in the economy, land use or development opportunities of the area has occurred.

(2)

The extent to which additional land area is needed to be developed for a specific type of use.

(3)

The extent to which the proposed designation is in compliance with the concerns, goals and policies of the comprehensive plan.

(4)

The extent to which the proposed designation would impact public health, safety or welfare.

(5)

The extent to which additional land area needs to be made available or developed for a specific type of use.

(6)

Whether the proposed land use change will adversely affect the existing use or usability of adjacent or nearby properties.

(7)

Whether the proposed land use change will result in uses which will or could cause excessive or burdensome uses of existing streets, transportation facilities, utilities, public services or schools, or any infrastructure.

(8)

Describe how the resultant changes impact or benefit the City of Fairburn relative to all of the items listed below:

a.

Community design;

b.

Cultural resources;

c.

Economic development;

d.

Environment;

e.

Fire and rescue;

f.

Housing (residential developments only);

g.

Land use;

h.

Libraries (residential developments only);

i.

Open space;

j.

Parks;

k.

Police;

l.

Potable water;

m.

Schools (residential developments only);

n.

Sewer;

o.

Transportation;

p.

Sector plan/small area plan (if applicable);

(d)

Withdrawal and deferral.

(1)

Any applicant wishing to withdraw a proposed CLUP amendment shall file a written request for withdrawal with the director.

a.

If the request for withdrawal is received prior to the publication of notice for the public hearing, the CLUP amendment shall be withdrawn administratively by the director without prejudice or restriction on the refiling of a proposed CLUP amendment on the property.

b.

Should any request for withdrawal be made by the applicant at the city council's public hearing, the CLUP amendment shall remain on the public hearing agenda and the withdrawal request shall be considered for approval or denial, with or without prejudice, by the city council.

(2)

Any applicant wishing to defer a proposed CLUP amendment shall file a written request for a deferral with the director.

a.

A written request may be received by the director up to three times for any CLUP application. The first two deferral requests may be granted by the director. A third deferral request requires city council approval.

b.

Each written request for deferral shall be accompanied by a $500.00 re-advertising fee established by the director.

(e)

State of Georgia oversight.

(1)

Applications. A proposed CLUP amendment shall be submitted by the applicant to the Atlanta Regional Commission as a comprehensive plan amendment prior to submission of the application to the city if the proposed CLUP amendment qualifies as a development of regional impact.

(2)

Major amendments. If the mayor and city council, at their public hearing, determines that the CLUP amendment is a "major amendment" under the state guidelines in that it is justified only because the conditions or policies underlying the comprehensive land use plan have changed significantly so as to alter the basic tenets of the plan, then no action shall be taken on the amendment until the review process mandated by the state's minimum standards and procedures for local comprehensive planning shall have been completed.

(f)

Effect. Approval of a CLUP amendment shall be in full force and effect upon its approval or upon the stated effective date thereof.

(Ord. No. 2024-19, § 1(Exh. A), 10-14-2024)