BIBB COUNTY—ZONING AND PLANNING—
PROPOSED CONSTITUTIONAL AMENDMENT.

No. 334 (House Bill No. 389).

An Act to propose to the qualified voters of Georgia and to the voters in the area directly affected, an amendment to Article XI, Section I, Paragraph VI, of the Constitution of Georgia, so as to authorize the city of Macon and Bibb County, separately or jointly, to adopt rules and regulations or to delegate such authority to agencies or to an agency, for zoning and planning; to provide for the submission of the amendment for ratification by the people; and for other purposes.

Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that Article XI, Section I, Paragraph VI, of the Constitution of Georgia, and as the same has heretofore or contemporaneously been amended, revised, or changed, shall be further amended by adding at the end thereof a new paragraph as follows:

"And except that the City of Macon and Bibb County may, through their respective governing authorities, separately or jointly, promulgate zoning and planning laws, rules and regulations, and administer the same, and/or appoint agencies or agency for adopting zoning and planning laws, rules, and regulations, and for administering the same, the governing authorities or their designated agencies being authorized to condition the application of any zoning and planning and the administration of the same according to any presently existing zoning or planning law, any that may hereafter be enacted or according to any that may be resolved or ordained by either or both or by their designated agency or agencies".

Section 2. Be it further enacted by the authority aforesaid, that whenever the above proposed amendment to the Constitution shall have been agreed to by two-thirds (⅔'s) of the members elected to each of the two Houses of the General Assembly, and the same has been entered on their Journals, with the yeas and nays taken thereon, the Governor shall be and he is hereby authorized and instructed to cause such amendment to be published in one or more newspapers in each Congressional District, for two months previous to the time of holding the next general election, at which election members of the General Assembly are chosen, and in like manner cause the said amendment to be advertised in the City of Macon, County of Bibb.

Section 3. Be it further enacted by the authority aforesaid, that the above proposed amendment shall be submitted for ratification or rejection to the electors of the State and of the area directly affected thereby at the next general election to be held after the publication, as provided for in the second section of this Act, in the several election districts of this State, at which every person shall be qualified to vote who is qualified to vote for members of the General Assembly. All persons voting at said election in favor of adopting the said proposed amendment to the Constitution shall have written or printed on their ballots the words:

"For ratification of amendment to Paragraph VI of Section I of Article XI of the Constitution of Georgia, authorizing the City of Macon and Bibb County, separately or jointly, to establish zoning and planning rules, regulations, and commissions";

and all persons opposed to the adoption of said amendment shall have written or printed on their ballots the words:

"Against ratification of amendment to Paragraph VI of Section I of Article XI, of the Constitution of Georgia, authorizing the City of Macon and County of Bibb, separately or jointly, to establish zoning and planning rules, regulations, and commissions."

If the people in the State, as a whole, and in the City of Macon, County of Bibb, ratify such amendment by a majority of the electors qualified to vote for members of the General Assembly voting thereon, such amendment shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as returns for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and to certify the result to the Governor, who shall, if such amendment be ratified, make proclamation thereof.

Section 4. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with this Act, be and the same are hereby repealed.

Approved March 28, 1947.

CITY OF MACON AND BIBB COUNTY—ZONING AND PLANNING;
LOCAL CONSTITUTIONAL AMENDMENT CONTINUED.

No. 1314 (House Bill No. 1883).

AN ACT

To continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment authorizing the City of Macon and Bibb County, separately or jointly, to establish zoning and planning rules, regulations, and commissions (Act No. 334; H.B. 389; Ga. L. 1947, p. 1240); to provide the authority for this Act; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

Section 1. That constitutional amendment authorizing the City of Macon and Bibb County, separately or jointly, to establish zoning and planning rules, regulations, and commissions (Act No. 334; H.B. 389; Ga. L. 1947, p. 1240) shall not be repealed or deleted on July 1, 1987, as a part of the Constitution of the State of Georgia but is specifically continued in force and effect on and after that date as a part of the Constitution of the State of Georgia.

Section 2. This Act is passed pursuant to Article XI, Section I, Paragraph IV of the Constitution of the State of Georgia which authorizes the continuation of certain amendments to the Constitution.

Section 3. All laws and parts of laws in conflict with this Act are repealed.

GEORGIA, BIBB COUNTY

NOTICE OF INTENTION TO INTRODUCE
LOCAL LEGISLATION

Pursuant to the provisions of Section 28-1-14. Official Code of Georgia Annotated, notice is hereby given of intention to introduce in the 1986 Session of the General Assembly of Georgia the following local legislation:

A Bill to be Entitled an Act to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment authorizing the City of Macon and Bibb County, separately or jointly, to establish zoning and planning rules, regulations, and commissions (Act No. 334; H. B. 389; Ga. L. 1947, p. 1240); to provide the authority for this Act; to repeal conflicting laws; and for other purposes.

This 3rd day of February, 1986.

EMORY GREENE, Chairman
Board of Commissioners of
Bibb County, Georgia.
2/8,1986-589570

A planning and zoning commission of the city is hereby established, and shall be known as The Macon-Bibb County Planning and Zoning Commission referred to throughout this division as the commission.

(Code 1979, § 11-1001)

The commission shall consist of five (5) members, all of whom shall be initially appointed jointly by the governing authorities of the city and county. Initially, one (1) member shall be appointed for five (5) years, one (1) for four (4) years, one (1) for three (3) years, one (1) for two (2) years, one (1) for one (1) year from January 1, 1953. Subsequent appointments shall be made for five-year periods, with the county and city governing authorities making the appointment in alternate years, the first such appointment being made by the county. All persons appointed pursuant to this section shall hold office for the term designated, and until their successors are chosen and qualified. The members of the planning and zoning commission shall be residents of the County of Bibb, and not less than three (3) shall also reside in the city. No member of the county board of commissioners nor the mayor or the city council shall be eligible to hold office as a member of the commission, provided that after the appointment of the initial commission of five (5) members, the city and the county may, by joint agreement but only if requested so to do by the commission, each appoint an additional commissioner, either from their respective governing bodies or otherwise, to serve during the respective terms of office of the appointing power, thus increasing the personnel of the commission to seven (7). If the initial commission shall request the appointment of the additional commissioners, it shall indicate whether such additional commissioners should or should not be given voting powers. The commission shall annually choose one (1) of its members as chairman or presiding officer, for a term of one (1) year. Secretarial assistance shall be furnished by the city and county as from time to time may be determined. The members of the commission shall serve without compensation, except as may be determined by joint action of the city and county governing authorities. In the event of the death, resignation, or abandonment of office by any member hereof, his other successor shall be appointed for the unexpired term by the governmental authority originally making the appointment.

(Code 1979, § 11-1002)

Charter reference— Acts required of city's governing authority to be done by ordinance, § 8-103.

(a)

The commission shall establish a regular time and place for its meetings, and shall adopt rules of procedure. These rules shall provide for notice of any proposed action by the commission to zone or re-zone an area, and such action shall be taken only after public hearing. The rules shall provide that notice of the time and place of public hearings shall be published at least once in a newspaper of general circulation in the county at least ten (10) but not more than twenty (20) days before the date of the hearing; provided, however, that the commission shall be empowered to make any other and further provision for notice as shall be consistent with due process.

(b)

Pending adoption of a comprehensive plan of zoning, temporary zoning regulations may be adopted without notice, provided such regulations shall not be effective for a longer period than thirty (30) days.

(Code 1979, § 11-1003)

State Law reference— Hearings on proposed local government zoning decisions, O.C.G.A. § 36-66-4.

(a)

The powers and functions of the commission shall be to:

(1)

Hold hearings on all zoning, districting, rezoning and redistricting matters whether originated by private parties, by a governmental agency or by the commission itself;

(2)

Conduct such hearings as provided by law and its own rules and regulations; and

(3)

Thereupon pass orders providing for the zoning, rezoning, districting or redistricting of areas of the city and the county.

(b)

The commission shall have power to:

(1)

Make regulations restricting the height, number of stories, and size of buildings and other structures, the percentage of lots that may be occupied, the size of yards, courts and other open space, the density of population, the location and use of buildings and other structures, and the use, conditions of use, or occupancy of land for trade, industry, residence, recreation, transportation, agriculture, or other purposes;

(2)

Regulate concerning city and county planning;

(3)

Provide for the regulation of subdivision of land; and

(4)

Establish setback lines for buildings and structures along the streets, lanes, avenues and roads, including the power and authority to divide the city and the county into districts of such number, shape and area as the commission shall find to be best suited to carry out the purposes of this division.

(c)

The commission shall further have the power within such districts to:

(1)

Regulate and restrict the erection, construction, reconstruction, alteration, repair or use of buildings and structures, and the use, conditions of use or occupancy of land; and

(2)

Adopt official zoning regulations including a map indicating the districts. The regulations in one district may differ from those in other districts.

(d)

Nothing contained in this division or adopted by the commission shall prohibit the owner or occupant from making ordinary repairs, alterations, or improvements to or upon any structure already located within a district, or to prohibit the continued use of any such structure or premises for any business of substantially the same character as that for which it is already used, provided that no existing building within a zoned district shall be replaced or substantially altered or used for any substantially different business purpose except upon the approval first obtained from the commission. Such approval shall be given only when the proposed replacement, alteration, or change of use will not defeat the general purposes hereof.

(e)

The commission shall be empowered to authorize in specific cases such variance from the terms of its regulations as will not be contrary to the public interest, where, owing to special conditions fully demonstrated on the basis of the facts presented, literal enforcement of the provisions of the regulations will result in great practical difficulties or unnecessary hardship, so that the spirit of the regulations shall be observed and substantial justice done.

(f)

The commission shall also be empowered to permit in appropriate cases, in harmony with the general purpose and intent of such regulations, a building to be erected or premises to be used for public utility or other public service purposes in any location which is reasonably necessary for public convenience and welfare.

(Code 1979, § 11-1004)

(a)

Regulations adopted by the commission shall be made in accordance with a comprehensive plan designed for the purposes, among others, of:

(1)

Lessening congestion in the roads and streets;

(2)

Securing safety from fire, flood, erosion and other dangers;

(3)

Providing adequate light and air;

(4)

Promoting the health and general welfare;

(5)

Encouraging such distribution of population and such classification of land uses and distribution of land development and utilization as will tend to facilitate economic and adequate provisions for transportation, communications, roads, airports, water supply, drainage, sanitation, education, recreation or other public requirements;

(6)

Conserving and developing the natural resources, and

(7)

Protecting the food supply.

(b)

Regulations of the commission shall be made with reasonable consideration, among others, to the character of the districts and their peculiar suitability for particular uses, and to the minimum and maximum amounts of land required for particular uses, and with a general view to promoting desirable living conditions and the sustained stability of neighborhoods, protecting property against blight and depreciation, securing economy in governmental expenditures, and encouraging the most appropriate use and management of land.

(c)

Pending the adoption of a comprehensive zoning plan, the commission is empowered to adopt temporary zoning regulations.

(Code 1979, § 11-1005)

All plans, plots, divisions and subdivisions of land, building lots, and the streets, alleys or portions of the same intended to be dedicated for public use, or for the use of purchasers or owners of lots fronting thereon or adjacent thereto and located within the city or the county shall be submitted to the commission, and no such road, street, avenue, lane, alley, or other thoroughfare shall be accepted or maintained as a public way unless and until the commission shall have adopted a resolution certifying that the subdivision or resubdivision and the street or other thoroughfare therein meet the requirements of the commission, and are consistent with its plans for the orderly development of the area affected. Nothing in this division shall dispense with the necessity of registering county thoroughfares with the county and securing acceptance of city thoroughfares by the city.

(Code 1979, § 11-1006)

The commission shall have no power to incur any debt except within the limit of funds appropriated by the city and county and on hand in the treasury of the commission. From such funds, the commission shall be authorized and empowered to employ any technical assistants as it shall find to be necessary to assist it in the proper accomplishment of its functions.

(Code 1979, § 11-1007)

The commission shall, on July first of each year, make a report to the county board of commissioners and to the mayor and the city council of its proceedings, together with a full statement of disbursements and expenditures and the progress of its work during the year preceding the report.

(Code 1979, § 11-1008)

The Macon-Bibb County Planning and Zoning Commission is hereby authorized and empowered to bring, in the name of the city and county, all legal actions necessary to prevent, enjoin, or abate violations of the rules and regulations of the commission as to persons and property within the limits of the city. The commission is empowered to take such action from time to time, and in such cases as shall be necessary for the adequate enforcement of its rules and regulations.

(Code 1979, § 11-1009)

Any person aggrieved by act or omission of the commission shall have the right of certiorari as provided by law.

(Code 1979, § 11-1010)

(a)

It shall be unlawful for any person to fail to perform any act or do anything required by the rules and regulations of the Macon-Bibb County Planning and Zoning Commission as they now or as they may hereafter exist. It shall be further unlawful for any person to do anything or perform any act prohibited by the rules and regulations of the commission as the same now or may hereafter exist.

(b)

Each day that any person remains in violation of the rules and regulations, either by commission or omission, shall be deemed a separate offense. Any person who shall violate this section shall be punished as provided by the laws of the state creating the municipal court of the city.

(Code 1979, § 11-1011)

A planning and zoning commission of the City of Macon and the county is hereby established, and shall be known as "The Macon-Bibb County Planning and Zoning Commission."

(Code 1974, § 11-3001)

The joint planning and zoning commission shall consist of five members, all of whom shall be initially appointed jointly by the governing authorities of the city and county. Initially, one member shall be appointed for five years, one for four years, one for three years, one for two years and one for one year from January 1, 1953. Subsequent appointments shall be made for five-year periods, with the county and city governing authorities making the appointment in alternate years, the first such appointment being made by the county. All persons appointed hereunder shall hold office for the term designated, and until their successors are chosen and qualified. The members of the planning and zoning commission shall be residents of the county, and not less than three shall also reside in the City of Macon. No member of the board of commissioners of the county nor of the mayor and council of the City of Macon shall be eligible to hold office as a member of the commission. The commission shall annually choose one of its members as chairman for a term of one year. Secretarial assistance shall be furnished by the city and county as from time to time may be determined. The members of the commission shall serve without compensation, except as may be determined by joint action of the city and county governing authorities. In the event of the death, resignation, or abandonment of office by any member hereof, his successor shall be appointed for the unexpired term by the governmental authority originally making the appointment.

(Code 1974, § 11-3002)

The joint city-county planning and zoning commission shall appoint a regular time and place for meeting, and shall adopt its rules of procedure. Such rules shall provide for notice of any proposed action by the commission to zone or rezone an area, and such action shall be taken only after public hearing. Such rules shall provide that notice of the time and place of public hearings shall be published at least once in a newspaper of general circulation in the county not less than ten nor more than 20 days before the date of such hearing; provided, however, that the commission shall be empowered to make such other and further provision for notice as shall be consistent with due process. Pending adoption of a comprehensive plan of zoning, temporary zoning regulations may be adopted without notice provided such regulations shall not be effective for a longer period than 30 days.

(Code 1974, § 11-3003)

(a)

The powers and functions of the joint planning and zoning commission shall be to hold hearings on all zoning, districting, rezoning or redistricting matters whether originated by private parties, by a governmental agency or by the commission itself; to conduct such hearings as provided by law and its own rules and regulations; and to thereupon pass orders providing for the zoning, rezoning, districting or redistricting of areas of the City of Macon and/or the county. The commission shall have power to make regulations restricting the height, number of stories, and size of buildings and other structures, the percentage of lots that may be occupied, the size of yards, courts and other open space, the density of population, the location and use of buildings and other structures, and the use, conditions of use, or occupancy of land for trade, industry, residence, recreation, transportation, agriculture, or other purposes; to regulate concerning municipal and county planning; to provide for the regulation of subdivision of land; to establish setback lines for buildings and structures along the streets, lanes, avenues and roads, including the power and authority to divide the City of Macon and/or the county into districts of such number, shape and area as the commission shall find to be best suited to carry out the purposes of this joint resolution and ordinance. The commission shall further have the power within such districts to regulate and restrict the erection, construction, reconstruction, alteration, repair or use of buildings and structures, and the use, conditions of use or occupancy of land; and to adopt official zoning regulations including a map or maps indicating the districts; and the regulations in one district may differ from those in other districts.

(b)

Nothing herein contained or adopted by the commission shall prohibit the owner or occupant from making ordinary repairs, alterations, or improvements to or upon any structure already located within a district, or to prohibit the continued use of any such structure or premises for any business of substantially the same character as that for which it is already used; provided that no existing building within a zoned district shall be replaced or substantially altered or used for any substantially different business purpose except upon the approval first obtained of the commission. Such approval shall be given only when the proposed replacement, alteration, or change of use will not defeat the general purposes hereof.

(c)

The commission shall be empowered to authorize in specific cases such variance from the terms of its regulations as will not be contrary to the public interest, where, owing to special conditions fully demonstrated on the basis of the facts presented, literal enforcement of the provisions of the regulations will result in great practical difficulties or unnecessary hardship, so that the spirit of the regulations shall be observed and substantial justice done. The commission shall also be empowered to permit in appropriate cases, in harmony with the general purpose and intent of such regulations, a building to be erected or premises to be used for public utility or other public service purposes in any location which is reasonably necessary for public convenience and welfare.

(Code 1974, § 11-3004)

Regulations adopted by the joint planning and zoning commission shall be made in accordance with a comprehensive plan designed for the purposes, among others, of lessening congestion in the roads and streets; securing safety from fire, flood, erosion and other dangers; providing adequate light and air; promoting the health and general welfare; encouraging such distribution of population and such classification of land uses and distribution of land development and utilization as will tend to facilitate economic and adequate provisions for transportation, communications, roads, airports, water supply, drainage, sanitation, education, recreation or other public requirements; conserving and developing the natural resources, and protecting the food supply. Such regulations of the commission shall be made with reasonable consideration, among others, to the character of the districts and their peculiar suitability for particular uses, and to the minimum and maximum amounts of land required for particular uses, and with a general view to promoting desirable living conditions and the sustained stability of neighborhoods, protecting property against blight and depreciation, securing economy in governmental expenditures, and encouraging the most appropriate use and management of land. Pending the adoption of a comprehensive zoning plan, the commission is empowered to adopt temporary zoning regulations.

(Code 1974, § 11-3005)

All plans, plots, divisions and subdivisions of land, building lots, and the streets, alleys or portions of the same intended to be dedicated for public use, or for the use of purchasers or owners of lots fronting thereon or adjacent thereto and located within the City of Macon or the county shall be submitted to the planning and zoning commission, and no such road, street, avenue, lane, alley, or other thoroughfare shall be accepted or maintained as a public way unless and until the commission shall have adopted a resolution certifying that such subdivision or resubdivision and the street or other thoroughfare therein meet the requirements of the commission, and are consistent with its plans for the orderly development of the area affected. Nothing herein shall dispense with the necessity of registering county thoroughfares with the county and securing acceptance of city thoroughfares by the city.

(Code 1974, § 11-3006)

The joint planning and zoning commission shall further have the power and duty to study the resources, possibilities and needs of the City of Macon and the county and shall prepare master plans and maps for the systematic future development of the city and county and for this metropolitan area, and from time to time make such recommendations to the appropriate governing or other authority as may be deemed advisable.

(Code 1974, § 11-3007)

The joint planning and zoning commission shall have the right, power and authority to receive funds, gifts and grants from any source, including but not limited to the national, state and local governments, and shall further have the right, power and authority to expend such funds in its zoning and planning activities, including the preparation of maps. Such commission is specifically empowered to enter into contracts with the federal, state or local governments, or with private individuals, firms and corporations for the performance of planning and zoning work. Such commission shall have no power to incur any debt except within the limits of such funds as have been given or granted to the commission and are on hand in the treasury of the commission. The commission may make contracts for the performance of work for sums of money in excess of those on deposit with the commission if, and only if, such contracts receive the prior written approval of the City of Macon and county, acting through their respective governing authorities.

(Code 1974, § 11-3008)

The joint planning and zoning commission shall on July 1 of each year make a report to the board of commissioners of the county and to the mayor and council of the City of Macon of its proceedings, together with a full statement of disbursements and expenditures and the progress of its work during the year preceding such report.

(Code 1974, § 11-3009)

Any person aggrieved by act or omission of the joint planning and zoning commission shall have the right of certiorari as provided by law.

(Code 1974, § 11-3010)

(a)

It shall be unlawful for any person to fail to perform any act or do anything required by the rules and regulations of the Macon-Bibb County Planning and Zoning Commission as such regulations now or may hereafter exist.

(b)

It shall likewise be unlawful for any person to do anything or perform any act prohibited by the rules and regulations of the Macon-Bibb County Planning and Zoning Commission as such regulations now or may hereafter exist.

(c)

Each day that such person remains in violation of such rules and regulations, either by commission or by omission, shall be deemed a separate offense.

(d)

Any person who shall violate this section shall be tried in the state court of the county, and upon conviction, shall be punished as provided by section 1-11.

(Code 1974, § 11-3011)