Pursuant to O.C.G.A. § 36-66-5, the city has adopted policies and procedures regarding the exercise of zoning authority. These policies and procedures are contained in this article.

(Ord. No. 05-08, § 2(12.01), 8-15-2005)

The city council may on its own motion or recommendation by the zoning administrator or his designee adopt an ordinance amending the regulations contained herein or the boundaries of the official zoning map officially established in relation thereto.

(Ord. No. 05-08, § 2(12.02), 8-15-2005; Ord. No. 2023-006, § 1(Exh. A), 7-10-2023)

A zoning map amendment, that is, a property rezoning, may be proposed by an individual or entity owning fee simple title to the property proposed for rezoning or an individual or entity presenting written authorization to act on behalf of such an owner. Ownership shall be defined as controlling a 51 percent interest or greater in the property.

An application for amendment to the official zoning map or text of the zoning ordinance shall be accompanied by a filing fee established by city council. Such applications shall be filed with the city clerk on a form provided by the city a minimum of 60 calendar days prior to the date of the hearing at which the applicant wishes the application to be considered. The zoning administrator or his designee may alter the deadline by up to seven calendar days, provided that the application may be properly advertised for the public hearing before council and all notice requirements may be met.

(Ord. No. 05-08, § 2(12.03), 8-15-2005; Ord. No. 2023-006, § 1(Exh. A), 7-10-2023)

All applications shall include an impact analysis considering each standard of review as provided in sections 86-374 or 86-375, as appropriate, and such other information required by this section or state law. Completed applications, together with any information the applicant deems relevant, shall be filed with the city clerk.

An application for a zoning map amendment shall contain the following information:

(1)

A complete application on forms provided by the city clerk.

(2)

A legal description of the property proposed for rezoning.

(3)

A plat showing the dimensions, acreage and location of the property prepared by a registered land surveyor whose state registration is current and valid; surveyor's seal shall be affixed to the plat.

(4)

A conceptual site plan depicting the proposed use of the property, including:

a.

An accurate scale and north arrow;

b.

Proposed land uses;

c.

Current zoning classification of all adjacent parcels;

d.

All existing buildings and structures;

e.

All proposed buildings, including gross square footage;

f.

All driveways and vehicular access, providing dimensions and indicating traffic flow;

g.

Off-street parking and loading spaces, including number and size of spaces;

h.

Building setbacks, providing dimensions; and

i.

Buffers, identifying existing and proposed vegetation, by size and type.

(5)

A copy of the recorded warranty deed (or other instrument of title) which vests title to the property in the applicant.

(6)

A copy of the paid in full tax bill or a letter from the city stating that all taxes on the property have been paid.

Any communication purporting to be an application for an amendment shall be regarded as mere notice to seek relief until an application is filed in the form required.

(Ord. No. 05-08, § 2(12.04), 8-15-2005)

The city clerk shall review all applications for completeness within five business days of submittal. Incomplete or improper applications will be returned to the applicant, accompanied by a written notice of the deficiencies therein. A non-refundable fee, as established by mayor and city council, shall accompany all applications.

(Ord. No. 05-08, § 2(12.05), 8-15-2005)

Applications for a text amendment or map amendment filed by any person or entity other than the City of Jonesboro shall be governed by all provisions of this section.

O.C.G.A. § 36-66-4, and amendments thereof, shall govern public notice procedures associated with text or map amendment proposed by the city. Specifically, the city shall provide for a pubic hearing concerning the proposed zoning decision. The public notice requirements shall be as described in subsection (1) below.

Prior to enacting an amendment to this chapter, whether the proposed amendment is an amendment to the text of the zoning ordinance or an amendment to the official zoning map, the city council shall give public notice and hold a public hearing thereon. The purpose of the public hearing shall be to receive and consider public comment regarding the merits of the proposed amendment. Such hearings shall be held only following substantial compliance with all required public notification of the hearing as set forth in this section.

(1)

The city shall publish a legal notice in a newspaper of general circulation in Jonesboro no fewer than 15 calendar days nor more than 45 calendar days prior to the required public hearing before council. Such notice shall state the time, date, location and purpose of the hearing as well as the nature of the proposed amendment. The procedures followed in accomplishing city initiated amendments, including text amendments and map amendments, shall comply with the public notice provisions of O.C.G.A. § 36-66-4; however, subsection (2) below shall not apply to the city.

(2)

In addition to the notice requirements of subsection (1) above, proposed amendments to the official zoning map, property rezonings, shall require the city to post a public notice on the property being proposed for rezoning. The public works director shall post one or more signs, as appropriate, on such property, each of which shall be no less than six square feet in area. Such signs shall be erected in a conspicuous place on the property and shall convey the time, date and location of the public hearing as well as the current and proposed zoning applicable to the property and such other information as the zoning administrator or his designee deems appropriate.

In the case of a property proposed for rezoning having no frontage on a public street, an additional sign shall be erected on the right-of-way of the nearest public street providing access to the property. No public hearing shall be held by city council unless such signs have been posted for a minimum period of 15 calendar days. Said signs shall remain posted until a final decision by the city has been rendered.

Any proposed zoning decision by mayor and council governing the review of all proposed zoning decisions to revise:

(1)

One or more zoning classifications or definitions relating to single-family residential uses of property so as to authorize multi-family uses of the property pursuant to such classifications or definitions; or

(2)

To grant blanket permission, under certain circumstances, for property owners to deviate from the existing zoning requirements of a single-family residential zoning, shall require, in addition to requirements mentioned above, or separate procedural requirements, as set forth in O.C.G.A. § 36-66-4(h)(1-3).

(Ord. No. 05-08, § 2(12.06), 8-15-2005; Ord. No. 2023-006, § 1(Exh. A), 7-10-2023)

Public hearings concerning zoning matters shall be accomplished in accordance with the following procedures:

At the beginning of the public hearing, the mayor shall indicate that a public hearing has been called for consideration of a zoning decision or decisions. The council shall consider each application individually.

The applicant or agent shall be present at the hearing before the council concerning the application. In the event an agent is present, rather than the applicant, such agent must have full authority to act on behalf of the applicant with regard to all matters pertaining to the application. Any person desiring a written record of the hearing proceedings shall so inform the city clerk a minimum of five business days prior to the date of the hearing. The city clerk shall arrange for the services of a stenographer to record the proceedings. The cost of such recording shall be borne by the person requesting such written record.

No submitted application may be amended after public notice of the request has been given provided; however, council may allow such application to be amended during the public hearing.

Individuals wishing to speak at the public hearing shall register their interest on a "sign up sheet" provided by the city clerk prior to the public hearing. The mayor shall announce the public hearing, explaining the purpose of the hearing and the procedures to be followed during the hearing. The mayor may then request a report from the officers or agents of the city concerning the application. The applicant for a rezoning or text amendment will then be given a maximum of 15 minutes in which to present his application. Individuals in support of the application may then speak, followed by those in opposition to the application. Each side shall be given 15 minutes in which to comment. The applicant shall then be afforded five minutes for rebuttal and final comments. Rebuttal must be limited to points raised by opponents to the application at the hearing. No person in attendance is to address the mayor and council unless first formally recognized by the mayor. Upon coming to the podium to speak, each person recognized shall state his or her full name and home address. This sequence is summarized in the table below.

Once these proceedings have been concluded, the mayor shall formally close the public hearing. Following the closing of the hearing, city council may either vote upon the application, or may continue the hearing to a date certain for the purpose of evaluating additional information, provided that the time, date and location for a decision on the zoning application shall be announced immediately upon the closing of the public hearing.

After hearing evidence at the public hearing, city council shall apply the evidence to the standards of review and other general lines of inquiry in making their decision. The council shall not be required to consider every criterion contained in the standards of review, or every standard. The burden of proof that the proposed zoning map amendment promotes the public health, safety, morality and general welfare shall rest with the applicant.

Should city council determine from the evidence presented that the applicant has demonstrated that the proposed zoning map amendment promotes the public health, safety, morals and general welfare under the standards of review and other general lines of inquiry, then the application shall be approved and the proposed zoning shall be granted, subject to such reasonable conditions as may be imposed by the council. In the event of a failure of the applicant to so demonstrate, such application shall be denied.

In ruling on any application in which the applicant has brought a challenge to the existing zoning classification, the council may impose upon such property any appropriate zoning classification, including appropriate conditions which have as their purpose mitigation of potential impacts on surrounding property and on the public health, safety, morals and general welfare. The council may also approve the application, approve with appropriate conditions or impose any appropriate zoning classification for any portion of the area proposed for rezoning, thus reducing the boundaries of the area rezoned.

Applications for a zoning map amendment which do not contain specific site plans carry a rebuttable presumption that such rezoning shall adversely affect the zoning scheme. The applicant shall be allowed to submit renderings, site plans and other exhibits depicting any proposed construction should a map amendment be approved; however, the applicant may be required to develop according to such plans if approved by city council. Any deviation from such approved plans shall require approval of a new rezoning application. The council may also require or attach to any rezoning such conditions regarding the location, character and other features of the proposed building, structure or use as council may deem advisable so as to improve the quality of life through the prevention of air, land, water and noise pollution and promotion of aesthetic considerations.

(Ord. No. 05-08, § 2(12.07), 8-15-2005)

Only the mayor and city council shall render a final zoning decision. Action on a map or text amendment at a public hearing shall be by majority vote of the members of city council. A motion to approve or deny a map or text amendment must be passed by an affirmative vote of a majority of the members voting in order for the motion to be approved.

A zoning decision affecting an individual property shall be accompanied by an ordinance describing the rezoning and adopted by mayor and council. This ordinance shall stipulate the conditions of zoning and shall adopt as an exhibit any site plans and other materials tendered by the applicant in defining the conditions of zoning and as provided in article VIII of this chapter.

(Ord. No. 05-08, § 2(12.08), 8-15-2005)

Any applicant wishing to withdraw a rezoning application prior to final action by mayor and council shall file a written request for withdrawal with the zoning administrator or his designee. Provided such request is received prior to publication of the notice for the public hearing, the application shall be withdrawn administratively by the zoning administrator or his designee without restriction on the re-filing of a rezoning application concerning the property. An applicant may withdraw a zoning application at any time during a public hearing prior to a vote by mayor and council with or without prejudice, at the discretion of the council; however, the application fee will not be refunded.

(Ord. No. 05-08, § 2(12.09), 8-15-2005; Ord. No. 2023-006, § 1(Exh. A), 7-10-2023)

A zoning decision of the mayor and city council shall be final and may be appealed only to a court of competent jurisdiction via direct appeal. Such appeal must be taken within 30 days of the decision of the mayor and city council. Reconsideration of a rezoning action under court order shall follow the same procedures of this section as though a new application were being filed. The city clerk shall have authority to accept service and upon whom service of an appeal of a zoning decision may be affected or accepted on behalf of the city, during normal business hours, at the regular offices of the city clerk.

(Ord. No. 05-08, § 2(12.10), 8-15-2005; Ord. No. 2023-006, § 1(Exh. A), 7-10-2023)

Editor's note— Ord. No. 2023-006, § 1(Exh. A), adopted July 10, 2023, amended the title of § 86-370 to read as herein set out. The former § 86-370 title pertained to legal recourse of the applicant.

Any person jointly or severally aggrieved by any quasi-judicial decision by an officer, board, commission, or agency may seek review of such decision by a court of record, via petition for review as specified by law. The zoning administrator shall have authority to accept service and upon whom service of an appeal of a quasi-judicial decision may be affected or accepted on behalf of the city, during normal business hours, at the regular offices of the zoning administrator.

(Ord. No. 2023-006, § 1(Exh. A), 7-10-2023)

Any application that proposes a change in the stipulations previously established as conditions of approval by the mayor and city council through action on a rezoning shall be weighed against the standards set forth in section 86-374 for a property rezoning and shall follow the procedures for consideration of a rezoning application by mayor and council.

(Ord. No. 05-08, § 2(12.11), 8-15-2005)

A property rezoning shall be in full force and effect upon approval of the zoning application at an advertised public hearing and adoption of an accompanying ordinance by mayor and council.

Property on which a use, building, structure or other improvements conformed with this chapter prior to the effective date of a rezoning affecting the property, and was thereby rendered nonconforming, shall be governed by the provisions of article X of this chapter. Similarly, construction of any building, structure or other improvements for which a building permit has been issued in conformity with this chapter prior to the effective date of a rezoning affecting the property may continue to completion in accordance with provisions of section 86-6. Development projects under construction and, upon completion, shall be governed by the provisions of this chapter.

(Ord. No. 05-08, § 2(12.12), 8-15-2005)

An application for a map amendment affecting the same property shall not be submitted more than once every 12 months provided; however, that mayor and council may approve a reduction in the waiting period to no less than six months in extenuating circumstances. The waiting period shall be measured from the date of action by mayor and council either approving or denying such a rezoning application. This provision shall not apply to properties affected by an amendment filed by the council, nor shall zoning classifications adopted pursuant to an annexation of property into the city be considered zoning amendments under this section.

(Ord. No. 05-08, § 2(12.13), 8-15-2005)

(a)

In ruling on any application for a zoning map amendment, city council shall act in the best interest of the public health, safety, morals and general welfare. In so doing, the council shall consider one or more of the following factors as may be relevant to the application; such consideration may be based on reports prepared by the city or its agents:

(1)

Relationship to the established land use pattern. The city shall assess the use and development of surrounding properties that tend to define the context of the property proposed for rezoning and determine whether the proposal is consistent with this context.

(2)

Compatibility with comprehensive plan; timing of development. The city shall determine whether the proposal is compatible with the city of Jonesboro Comprehensive Plan, including land uses indicated on the future land use map. The city shall also assess, based on the adopted comprehensive plan, whether the proposal would encourage use or development that is compatible with the timing of development anticipated in such policy guides as the community facilities and services element and the short term work program.

(3)

Suitability of the zoning proposal. The city shall determine whether the proposed zoning will permit a use of the property that is suitable in view of the zoning and use of adjacent and nearby property.

(4)

Impact on public facilities and services; referrals to other agencies. The city shall consider the availability of public facilities and services such as schools, water or sewer utilities, and police or fire protection, including those provided by other public agencies or authorities, and the impact of the proposal on demand for those public facilities and services.

(5)

Impact on public financial resources. The city shall assess the budgetary impact of the zoning proposal on the city and other public agencies or authorities in delivery, enhancement, expansion or maintenance of public utilities, schools, streets and other public services.

(6)

Availability of other land suitable for the proposed use; effect on balance of land uses. The city shall consider the availability of other appropriate land already zoned for the proposed use, generally, and the availability of such land near the property proposed for rezoning.

(7)

Impact on neighborhood character. The city shall consider whether the proposal is consistent with the architectural style, density, scale and dwelling type prevalent in the surrounding neighborhood. The city shall also assess potential impacts of uses that would be permitted under the proposed zoning on the neighborhood, particularly any substantial adverse impacts on neighborhood quality or stability, or of any tendency of those uses to cause blight or depreciation.

(8)

Opportunity for economic use of property. The city shall consider whether the property has a reasonable economic use as currently zoned and determine whether substantial factors are present that prevent economic use of the property in accordance with existing regulations.

(9)

Effect on adjacent property. The city shall consider whether the zoning proposal will adversely affect the existing use or usability of adjacent or nearby property.

(10)

Impact on surrounding property values. The city shall determine whether the zoning proposal will be a deterrent to the value or improvement of adjacent property in accordance with existing regulations.

(11)

Circumstances peculiar to the context. The city shall assess conditions or trends affecting the use and development of the property which may not be anticipated by the comprehensive plan or accounted for in the existing zoning of the property and determine whether such factors as may be present support approval or denial of the zoning proposal.

(12)

Impact on the public interest. The city shall judge whether the proposal reflects a reasonable balance between the promotion of the public health, safety, morality or general welfare and the right of individuals to unrestricted use of property.

(13)

Environmental impact. The city shall consider the possible impacts of the proposal on the environment, including, but not limited to, storm drainage, soil erosion and sedimentation, flooding, air quality, loss of natural areas and habitat and water quality and quantity.

(b)

The city council shall also consider the following general lines of inquiry in assessing the appropriateness of a rezoning proposal:

(1)

Existing uses and zoning of the subject and nearby property;

(2)

Extent to which property values are diminished by the particular zoning restrictions;

(3)

Extent to which the destruction of property values, if any, promotes the health, safety, morals, or general welfare of the public;

(4)

Relative gain to the public, as compared to the hardship, if any, imposed on the individual property owner;

(5)

Suitability of subject property for zoned purposes; and

(6)

Length of time the property, if vacant, has been vacant as zoned, considered in the context of land development in the areas and the vicinity of the property.

(Ord. No. 05-08, § 2(12.14), 8-15-2005)

The text of this chapter may be amended from time to time in whole or in part by mayor and council under the provisions of section 86-366. Such an amendment may be proposed when public necessity, general welfare or sound zoning practice justify such action by mayor and council. In ruling on any application for a text amendment, city council shall act in the best interest of the public health, safety, morals and general welfare. In so doing, the council shall consider one or more of the following factors as may be relevant to the application; such consideration may be based on reports prepared by the city or its agents:

(1)

Relationship to the purposes of the ordinance. The city shall determine whether the proposed amendment is consistent with the purpose and intent of this chapter as stated in article I.

(2)

Relationship to the comprehensive plan. The city shall determine whether the proposal is compatible with the City of Jonesboro Comprehensive Plan.

(3)

Impact of trends and changing conditions. The city shall assess the necessity of the proposed amendment in addressing new trends or changing conditions essential to implementation of the comprehensive plan.

(4)

Impact on the public interest. The city shall determine whether the proposed amendment reasonably promotes the public health, safety, morality and general welfare.

(Ord. No. 05-08, § 2(12.15), 8-15-2005)

Approval of a text amendment shall be in full force and effect upon its approval by the mayor and city council or upon the stated effective date thereof.

Approval of a text amendment shall be in full force and effect upon its approval by the mayor and city council or upon the stated effective date thereof. Use of property impacted by adoption of such amendments shall be subject to all provisions of section 86-372.

(Ord. No. 05-08, § 2(12.16), 8-15-2005)

All territory which may hereafter be annexed into the city shall be zoned in accordance with the procedures of this article.

The city may institute the process for zoning the property to be annexed at any time on or after the date the notice of the proposed annexation is provided to the governing authority of the county as required under O.C.G.A. § 36-36-6. The hearing by mayor and council with respect to the zoning of the property to be annexed shall be conducted prior to the council action that annexes the property into the city.

The zoning classification approved by mayor and council following the hearing shall become effective on the latter of the date the zoning is approved by mayor and council or the date the annexation becomes effective pursuant to O.C.G.A. § 36-26-2.

(Ord. No. 05-08, § 2(12.17), 8-15-2005)