13-1.1

General: This ordinance, including the zoning map, may be amended by the mayor and council on their own motion, on petition, or on recommendation of the planning commission, but no amendment shall become effective unless it shall have been proposed by or shall first have been submitted to the planning commission for review and recommendation. Before enacting an amendment to this ordinance, the mayor and council shall give public notice and hold a public hearing thereon as set forth in this section.

13-1.2

Conditions attached to rezoning: Reasonable conditions may be attached by the mayor and council to the grant of a petition for rezoning of property, where such conditions are imposed to ameliorate the effects of the zoning change on:

(a)

Existing conditions in the neighborhood, or

(b)

The value or improvement of development of adjacent or nearby property in accordance with existing requirements.

(Ord. No. 98-1241, § 1, 4-13-98)

13-2.1

General: Applications for amendment of this ordinance may be in the form of proposals for amendment of the text or proposals for amendment of the zoning map. Applications for amendment shall be submitted to the zoning administrator and shall include a fee, set by the mayor and council, payable to the city, to defray expenses. No application for a zoning change affecting the same parcel of property or part thereof shall be accepted by the zoning administrator until the expiration of at least six months immediately following the defeat of a rezoning request by the mayor and council.

Editor's note— Ord. No. 18-1515, § 1, adopted May 14, 2018, states that the fee required for submission for each and every zoning map amendment shall be in the amount of one hundred fifty dollars ($150.00).

13-2.2

Signature of applicant required: All applications shall be signed by the applicant, and shall state his name and address.

13-2.3

Application for text amendment: In the case of a text amendment, the application shall set forth the text to be added and the existing text to be deleted.

13-2.4

Application for map amendment: An application for a map amendment shall include the following information:

a.

The community or area in which is located the land proposed to be reclassified and the street number, if any, or if none, the location with respect to the nearby public roads in common use;

b.

A plat of the land in question, and a description by metes and bounds, bearings, and distances of the land, or if the boundaries conform to the lot boundaries within a subdivision for which a plat is recorded in the land records of the county; then the lot, block, and subdivision designations with appropriate plat reference;

c.

The present zoning classification and the classification proposed for such land and a statement as to the proposed use of the property;

d.

The name and address of the owners of the land;

e.

The area of the land proposed to be reclassified stated in square feet if less than one (1) acre, and in acres if one (1) or more.

f.

If the applicant has made, within two (2) years immediately preceding the filing of the applicant's application for a map amendment, campaign contributions aggregating two hundred fifty ($250.00) or more or made gifts having in the aggregate a value of two hundred fifty ($250.00) or more to the City of Fitzgerald, any member of the mayor and council of Fitzgerald, Georgia, or a member of the Fitzgerald-Ben Hill County Planning Commission, it shall be the duty of the applicant and the attorney representing the applicant to disclose the following in the application:

1)

The name of the local government official to whom the campaign contribution or gift was made;

2)

The dollar amount of each campaign contribution made by the applicant to the local government official during the two (2) years immediately preceding the filing of the application for the map amendment and the date of each such contribution; and

3)

An enumeration and description of each gift having a value of two hundred and fifty dollars ($250.00) or more made by the applicant to the local government official during the two (2) years immediately preceding the filing of the application for the map amendment.

4)

In the event that no such gifts or contributions were made, the application shall affirmatively so state.

g.

The application number, date of application, and action taken on all prior application filed for the reclassification of the whole or part of the land proposed to be reclassified.

13-2.5

Exclusions. The provisions of subsections 13-2.1 through 13-2.4 shall not be applicable to amendments of this ordinance, including the zoning map, initiated by the planning commission or the mayor and council.

(Ord. No. 18-1515, § 1, 5-14-18)

Within five (5) days after the routine monthly application acceptance deadline, the zoning administrator shall transmit two (2) copies of the rezoning application to the planning commission for its review and recommendation. The planning commission shall have thirty (30) days within which to submit its report to the mayor and council. If the planning commission fails to take action within thirty (30) days, it shall be deemed to have recommended approval of the requested amendment. The passage of a motion to table or a postponement to a specific time shall constitute a decision for the purpose of this section. Upon receipt of the planning commission report or upon the expiration of said thirty-day period, whichever occurs first, a public hearing shall be scheduled regarding the application.

Not less than fifteen (15) days prior to the date set for the public hearing on any application for a map amendment (other than a map amendment initiated by the planning commission or mayor and council), the zoning administrator shall erect a sign on the land proposed to be reclassified. Such sign shall be erected by the zoning administrator within ten (10) feet of whatever boundary line of such land abuts the most traveled public road; and, if no public road abuts thereon, then such sign shall be erected to face in such a manner as may be most readily seen by the public. The sign shall show the application number, if any, the present zoning classification, the proposed zoning classification, and the scheduled date, time and place of public hearing. If the land sought to be reclassified lies within more than one (1) block as shown on a plat recorded in the land records of the county, then a sign shall be erected on the land in each such block. The zoning administrator shall verify the posting of a sign upon said property in accordance with these provisions. Any such sign shall be maintained on the property at all times by the zoning administrator until a decision on the application has been made by the mayor and council.

13-5.1

Hearing called: Before taking action on a proposed amendment, the mayor and 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 with respect to text or map amendments not initiated by the planning commission or mayor and council shall state the application number, and shall contain a summary of the proposed amendment, if a text amendment, and in the case of a map amendment, the legal description (as furnished in compliance with subparagraph (13-2-4.b. above) and location of the property, its area, the name of the owner or their authorized agent, and the present and proposed zoning classification for the property affected. Such notice, with respect to text or map amendments initiated by the planning commission or mayor and council, shall state the time and place of the hearing, the purpose of the hearing, and that the proposed text or map amendment is described in documents available for public inspection during business hours in the office of the zoning administrator.

13-5.2

Notice to interested parties: A notice shall be given to the applicant and the planning commission of the date, time and place of the public hearing. All application files shall be placed in the custody of the zoning administrator and be open to public inspection during regular office hours.

13-5.3

Public hearing procedure: All public hearings on zoning matters shall be placed on the mayor and council's agenda under a section entitled "Public Hearings". After an initial presentation of a specific zoning and/or annexation/zoning request by the planning commission or their designated staff, citizen comments will be heard in an orderly fashion. The mayor or mayor pro tem will ask for those citizens speaking in favor of the request first, followed by those opposed to the issue. All speakers will be asked to provide his or her name and address for the public record. Citizens are requested to keep their comments as brief as possible so that all who wish to be heard will have adequate time. When there are a large number of citizens wishing to testify at a given hearing, the presiding officer may invoke time limitations on individual speakers. In such cases, these time limits shall apply to all speakers. Citizens may address their comments to the mayor and council as a whole. Individual attacks or cross examination of a council member, city employees or other citizens will be ruled out of order. After all citizens' comments have been received, all further discussion of the specific application is reserved for the mayor and council. The mayor and council retains the privilege to ask any questions of staff or any citizen present for clarification. The mayor and council will then render a decision on the application. The passage of a motion to table or a postponement to a specific time shall constitute a decision for the purpose of this section.

13-5.4

Standards for exercise of zoning powers: In order to promote the public health, safety, morality and general welfare of the City of Fitzgerald against the unrestricted use of property, the following standards, and any other factors relevant to balancing the above stated public interest will be considered, when deemed appropriate, by the mayor and council in making any zoning decision:

a.

The existing land use pattern;

b.

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

c.

The existing population density pattern and the possible increase or overtaxing of the load on public facilities;

d.

Whether changed or changing conditions make the passage of the proposed amendment reasonable;

e.

Whether the proposed change will adversely influence existing conditions in the neighborhood or the community at large;

f.

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

g.

The reasonableness of the costs required of the public in providing, improving, increasing or maintaining public utilities, schools, streets and public safety necessities when considering the proposed changes;

h.

Whether the proposed change will be detrimental to the value or improvement of development of adjacent or nearby property in accordance with existing requirements;

i.

Whether the proposed change is out of scale with the needs of the neighborhood or the City of Fitzgerald;

j.

Whether the proposed change will constitute a grant of special privilege to the individual owner as contrasted with the adjacent or nearby neighborhood or with the general public; and

k.

The extent to which the zoning decision is consistent with local planning efforts, if any, of the City of Fitzgerald.

13-5.5

Public hearings records standards: The city clerk shall mechanically record the proceedings of all zoning public hearings. 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 the mayor and council for their 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.