Appeals from actions of and decisions by the zoning administrator, applications for variances, and applications for special exceptions are zoning decisions to be made by the mayor and council of the City of Fitzgerald ("council"), and shall be considered and acted upon under the provisions of section 13 of this ordinance in the same manner as other zoning decisions are considered and acted upon. Such appeals shall include all appeals taken by any person aggrieved or by any officer, department, board, or bureau of the city affected by any decision of the zoning administrator. Such appeals shall be filed no later than thirty (30) days after the date of notification of the decision appealed from by filing with the zoning administrator a notice of appeal specifying the grounds thereof.

(Ord. No. 17-1498, § 1, 7-10-17)

Within five (5) days after the filing of an appeal under this chapter, or an application for a zoning variance or a zoning special exception, the zoning administrator shall transmit two (2) copies of the appeal or application to the planning commission for its review and recommendation, following the procedure used for applications for map amendments. The planning commission shall have thirty (30) days from the date of said referral within which to submit its report to council. If the planning commission fails to take action within said time, it shall be deemed to have recommended approval of the appeal. The planning commission's passage of a motion to table or a postponement to a specific time shall constitute taking action for the purposes of this section.

(Ord. No. 17-1498, § 1, 7-10-17)

12-4.1

Hearing. Before taking action on an appeal or an application for a zoning variance or a zoning special exception, council shall hold a public hearing. At least fifteen (15) but not more than forty-five (45) days' notice of the time, place, and purpose of said hearing shall be published in a newspaper of general circulation within the City of Fitzgerald. Such notice shall state the application number, and shall contain a summary of the legal description and location of the property, its area, the name of the owner or their authorized agent, the present zoning classification for the property affected, and the action proposed to be taken. Such notice shall state the time and place of the hearing, the purpose of the hearing, and that the appeal is described in documents available for public inspection during business hours in the office of the zoning administrator. Also, at least fifteen (15) days prior to the date of the hearing, copies of said notice shall be sent by first class mail, postage prepaid, to the appellant or applicant, to the planning commission, the zoning administrator, and to the owners of all properties either adjoining the property with which the hearing is concerned or situated directly across a public right-of-way from said property.

12-4.2

[Public inspection]. All such appeals and applications shall be placed in the custody of the zoning administrator and be open to public inspection during regular office hours.

12-4.3

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

12-4.4

Presentation of evidence. The appellant, and any public agency or private individual shall be entitled to present evidence on matters before council, and council may request technical service, advice, data, or factual evidence from the zoning administrator for assistance in reaching decisions.

12-4.5

Extent of council's power. Council may, in conformity with the provisions of this ordinance:

(a)

Reverse or affirm, wholly or partly, or may modify the order, requirement, decision, or determination of the zoning administrator, and

(b)

Grant or refuse to grant, in whole or in part, any requested special exception or variance, and to that end shall have all the powers of the zoning administrator. Council may direct the issuance of a permit. It shall be the duty of the zoning administrator to carry out the decisions of council.

12-4.6

Who may appear. Any party may appear at the public hearing in person or by agent or by attorney.

12-4.7

Time limit on council's decision. Council shall reach a decision following a public hearing within ten (10) days.

(Ord. No. 17-1498, § 1, 7-10-17)

12-5.1

Appeals from actions of the zoning administrator. Council shall hear and decide upon appeals where it is alleged there is error in any order, requirement, decision, or determination made by the zoning administrator in the enforcement of this ordinance.

12-5.2

Special exception. Council shall hear and decide upon special exceptions as authorized by section 5, schedule of permitted uses, of this ordinance. The application to establish such use shall be approved on a finding by council that:

a.

The proposed use will not be contrary to the purpose of this ordinance.

b.

The proposed use will not be detrimental to the use or development of adjacent properties or the general neighborhood nor affect adversely the health and safety of residents and workers.

c.

The proposed use will not constitute a nuisance or hazard because of the number of persons who will attend or use such facility, vehicular movement, noise or fumes generation, or type of physical activity.

d.

The proposed use will not be affected adversely by the existing uses of adjacent properties; and the proposed use will be placed on a lot of sufficient size to satisfy the space requirements of said use.

e.

The parking and all development standards set forth for each particular use for which a permit may be granted will be met.

f.

Council may impose or require such additional restrictions and standards (i.e., increased setbacks, buffer strips, screening, etc.) as may be necessary to protect the health and safety of workers and residents in the community, and to protect the value and use of property in the general neighborhood; and provided that wherever council shall find, in the case of any permit granted pursuant to the provisions of this ordinance that any term, condition or restrictions upon which such permit was granted are not being complied with, council shall rescind and revoke such permit after giving due notice to all parties concerned and granting full opportunity for a public hearing.

g.

Special exceptions granted by council shall be exercised within twelve (12) months from date of approval, shall not be transferable except upon written approval of council, or shall become null and void and subject to procedures for resubmission as hereinabove established.

12.5.3

Request for a variance.

a.

Council may authorize upon appeal in specific cases 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 provisions of this ordinance will, in an individual case, result in unnecessary hardship, so that the spirit of this ordinance shall be observed, public safety and welfare secured, and substantial justice done. Provided, however, that a variance shall not be granted for a use of land or building or structure that is prohibited by this ordinance in the district in question. A variance may be granted in an individual case upon finding by the council that all of the following exists:

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 this particular piece of property would create an unnecessary hardship; and

3.

Such conditions are peculiar to the particular piece of property involved, or, in the alternative, that such conditions are due to the location of existing utilities; and

4.

Relief, if granted, would not cause substantial detriment to the public good or impair the purposes and intent of this ordinance; provided that no variance may be granted for a use of land, building or structure that is prohibited by this ordinance .

b.

Council in granting a variance may impose or require such additional restrictions and standards (i.e., increased setbacks, buffer strips, screening, etc.) as may be necessary to protect the health and safety of residents and workers in the community, and to protect the value and use of property in the general neighborhood.

c.

Whenever council shall find, in the case of any permit granted pursuant to the provisions of this ordinance that any of the terms, conditions or restrictions upon which such permit was granted are not being complied with, council shall rescind and revoke such permit after giving due notice to all parties concerned and granting full opportunity.

(Ord. No. 17-1498, § 1, 7-10-17)

Appeals, requests for permission to establish a use requiring special approval, and requests for variances, shall be made on forms provided therefor, and all information required on said forms shall be provided by the appellant. Forms shall be filed with the zoning administrator, and the appellant shall pay the zoning administrator for expenses incidental to the appeal. No form shall be accepted by the zoning administrator unless it contains all pertinent information and is accompanied by the required fee to defray expenses as established from time to time by resolution of the governing authority.

(Ord. No. 17-1498, § 1, 7-10-17)

The city clerk shall mechanically record the proceedings of all public hearings on appeals from actions of and decisions by the zoning administrator, applications for variances, and applications for special exceptions. 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, who must arrange at his expense for a certified court reporter to record and transcribe the hearing and furnish the original of the transcript to council for its records. The record of public hearings and all evidence (e.g., maps, drawings, traffic studies, etc.) submitted at the public hearing shall be noted as such and shall become a permanent part of the particular zoning amendment's file.

(Ord. No. 17-1498, § 1, 7-10-17)

All of the procedures and requirements set forth in O.C.G.A. §§ 36-66-4 and 36-66-5, as said code sections now exist or as they may hereafter be amended, are hereby incorporated by reference herein, and in the event of any conflict between any provision of said code sections and any provision of this ordinance, then the provisions of said code sections shall control.

(Ord. No. 17-1498, § 1, 7-10-17)