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Riverdale City Zoning Code

ARTICLE 13

- PROCEDURES FOR ZONING DECISIONS

Sec. 13.1.- Zoning decisions generally.

A.

A quasi-judicial officer, board or agency and the city council shall each hold a public hearing concerning a zoning decision as defined in O.C.G.A. § 36-6-3 of the zoning procedures law. The quasi-judicial officer, board or agency shall forward a recommendation to city council following a public hearing. City council shall make no zoning decision until a public hearing has been held. Public notice for all public hearings shall comply with section 13.4 Public notice of public hearings. Public hearings shall be conducted as provided in section 13.5 Public hearing procedures. Amendments to the text of the zoning ordinance shall only be initiated by the local government.

B.

Prior to any public hearing or final decision of any zoning decision, the community development director shall prepare a written report to include his/her evaluation of the applicable standards of said zoning decision. Such reports shall be available to the public and the applicant on or before the date of publication of the public notice announcing the public hearing before the quasi-judicial officer, board, or agency or the city council public hearing at which such zoning decision shall be considered.

C.

Concurrent variances.

1.

The mayor and city council shall consider a concurrent variance from any standards of this zoning ordinance which shall be filed simultaneously with a rezoning, or special land use petition application on the same property based on the conceptual plan submitted with the petition for the same agenda. The planning commission shall also hear and make recommendations on concurrent variances filed with a rezoning, or special land use petition applications per section 13.6. The mayor and city council shall consider such concurrent variance requests in accordance with the standards set forth in section 14.4. Procedures for decisions made by mayor and council are set forth in section 13.7.

2.

Limitations.

a.

The mayor and city council shall only consider variance requests as part of, or in conjunction with, a rezoning, or special land use petition application.

b.

A variance request to the board of zoning appeals cannot be considered simultaneously with the same concurrent variance request pending before the mayor and city council, nor may it duplicate a concurrent variance request denied by the mayor and city council.

3.

Application.

a.

Applications for a concurrent variance shall be submitted to the director of community development in accordance with the advertised filing deadlines for the mayor and city council. A regular variance fee shall be charged. Public notification shall be in accordance with section 13.4. One notice sign may serve for both the rezoning, special land use permit, and concurrent variance request if the sign is marked to indicate all actions which are pending.

b.

The variance case file number for each concurrent variance requested shall be included on the rezoning petition.

(Ord. No. 7-2020, § 1(Exh. A), 10-26-20; Ord. No. 6-2021, § 1(Exh. A), 11-16-21; Ord. No. 3-2023, § 1(Exh. A), 7-24-23)

Sec. 13.2. - Application requirements.

The requirements of this section shall be met prior to the community development director certifying an application for the rezoning of property or a special land use permit as complete. Applications shall be submitted on forms provided by the community development director. Complete applications shall be processed according to the schedule of public hearings held by the planning commission and city council and maintained by the director. The following information shall be provided by the applicant:

A.

A written statement concerning the proposed use and zoning of the property.

B.

A boundary survey of the property prepared by a registered land surveyor, including a legal description, size of the property in square feet for properties less than one acre and in acres for properties of one acre or more, and the parcel identification number.

C.

A site plan of the property proposed for rezoning depicting the location of all existing and proposed buildings, building setbacks, building height, site access, parking and loading areas, wooded areas, buffers and 100-year floodplain.

D.

Current zoning classification of all adjacent parcels.

E.

Payment of the appropriate non-refundable fee as available in the office of the city clerk. Such fee shall be non-refundable following the ordering of a public notice by the community development director.

F.

Owner's affidavit granting permission to the applicant to file a rezoning petition or special use application for the property.

G.

Any other supporting documentation as may be required by the community development director.

(Ord. No. 7-2020, § 1(Exh. A), 10-26-20)

Sec. 13.3. - Community development director review.

A.

Upon receipt of a complete application, and payment of all applicable fees, the community development director shall perform the following tasks:

1.

Consult with other departments of the city and county, as appropriate, to fully evaluate the impact of the proposed zoning or special use on public facilities and services including, but not limited to, the transportation network, public water, sanitary sewer, storm water system, schools, public safety services, fire protection and related facilities and services.

2.

Assess the potential impact of the proposed rezoning or special use on adjacent and surrounding uses by visiting the property and surrounding area.

3.

Evaluate compliance of the zoning petition or application for a special use with the comprehensive plan.

4.

Hold a pre-application conference according to the schedule of public hearings before planning commission. This conference shall be attended by the applicant and representatives of the city and county, as appropriate to the application.

5.

Prepare a written report of findings and recommendation to planning commission which report shall be a matter of public record available for review. The report may recommend approval, denial or approval with stated conditions designed to further the purposes of this ordinance and ensure that public health, safety, welfare and aesthetics are secured.

(Ord. No. 7-2020, § 1(Exh. A), 10-26-20)

Sec. 13.4. - Public notice of public hearings.

A local government taking action resulting in a zoning decision shall provide for a hearing on the proposed action.

A.

Legal notice. Notice of a hearing pursuant to this ordinance shall be published in the legal organ of the city in which the legal advertisements of the city are published. Where the proposed action includes any combination of zoning decisions under subparagraphs O.C.G.A. § 36-66-3(4)(C), (E), or (F) for the same property, the local government shall cause to be published within a newspaper of general circulation within the territorial boundaries of the local government a notice of the hearing at least 15 but not more than 45 days prior to the date of the hearing. The notice shall state the time, place, and purpose of the hearing. Notices announcing a public hearing for considering an application to rezone property or an application for a special use shall also include the location of the property, and the present and proposed zoning classification or the proposed special use of the property, as appropriate.

B.

Property posting. The applicant shall post a sign or signs provided by the community development department in a conspicuous place on the property a minimum of 15 calendar days prior to a public hearing that shall comply with the following requirements:

1.

Be readable from each street on which the property fronts, or if the property has no street frontage, from each street from which access will be gained;

2.

Clearly indicate the following information:

a.

Present zoning classification of the property;

b.

Proposed zoning classification or special use;

c.

Hearing date and time; and

d.

Location of the public hearing.

3.

Be maintained by applicant to prevent removal from the property or destruction for the period commencing on the date the public notice appears in the newspaper through the date of the public hearing.

C.

Written notice to adjacent and nearby property owners. The applicant shall give written notice by certified mail return receipt requested to all property owners within 300 feet of the boundaries of the property as appear in Clayton County tax records and as provided by the city's geographic information system. The measurement shall be performed from each boundary of the property that is the subject of a zoning petition or special use application. Public notices shall be mailed such that they are received a minimum of 15 calendar days and a maximum of 45 calendar days prior to the public hearing. The return receipts shall be provided to the community development director within one week of receipt.

D.

A quasi-judicial officer, board, or agency shall provide for a hearing on each proposed action. Notice of such hearing shall be provided at least 30 days prior to the quasi-judicial hearing, with such notice being made as provided for in subsection A of this section and with additional notice being mailed to the owner of the property that is the subject of the proposed action.

E.

Notwithstanding any other provisions of this chapter to the contrary, when a proposed zoning decision relates to an amendment of the zoning ordinance to revise one or more zoning classifications or definitions relating 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, such zoning decision must be adopted in the following manner:

1.

The zoning decision shall be adopted at two regular meetings of the local government making the zoning decision, during a period of not less than 21 days apart; and

2.

Prior to the first meeting provided for in subparagraph 1 of this paragraph, at least two public hearings shall be held on the proposed action. Such public hearings shall be held at least three months and not more than nine months prior to the date of final action on the zoning decision. Furthermore, at least one of the public hearings must be held between the hours of 5:00 p.m. and 8:00 p.m. The hearings required by this paragraph shall be in addition to any hearing required under subsection A of this section. The local government shall give notice of such hearing by:

a.

Posting notice on each effected premises in the manner prescribed by subsection (b) of this Code section; provided, however, that when more than 500 parcels are affected, in which case posting notice is required every 500 feet in the affected area; and

b.

Publishing in a newspaper of general circulation within the territorial boundaries of the local government a notice of each hearing at least 15 days and not more than 45 days prior to the date of the hearing.

Both the posted notice and the published notice shall include a prominent statement that the proposed zoning decision relates to or will authorize multifamily uses or give blanket permission to the property owner to deviate from the zoning requirements of a single-family residential zoning of property in classification previously relating to single-family residential uses. The published notice shall be at least nine column inches in size and shall not be located in the classified advertising section of the newspaper. The notice shall state that a copy of the proposed amendment is on file in the office of the clerk of the recording officer of the local government and in the office of the clerk of the superior court of the county of the legal situs of the local government for the purpose of examination and inspection by the public. The local government shall furnish anyone, upon written request, a copy of the proposed amendment, at no cost.

F.

The provisions of subsection E of this section shall also apply to any zoning decisions that provide for the abolition of all single-family residential zoning classifications within the territorial boundaries of a local government or zoning decisions that result in the rezoning of all property zoned for single-family residential uses within the territorial boundaries of a local government to multifamily residential uses of property.

G.

This subsection shall not apply to zoning decisions for the rezoning of property from a single-family residential use of property to a multifamily residential use of property when the rezoning is initiated by the owner or authorized agent of the owner of such property.

H.

Posting of property associated with an amendment to the official zoning map initiated by the City of Riverdale shall not be required.

I.

All hearings of any quasi-judicial officer, board or agency and city council shall be open to the public and shall comply with the Georgia Open Meetings Act.

(Ord. No. 7-2020, § 1(Exh. A), 10-26-20; Ord. No. 3-2023, § 1(Exh. A), 7-24-23)

Sec. 13.5. - Public hearing procedures.

A.

Unless otherwise provided, public hearings at which zoning decisions are to be considered shall be advertised and held by a quasi-judicial officer, board or agency prior to an application involving a zoning decision being considered at a public hearing held by city council. Public hearings shall be held in the following manner:

1.

The quasi-judicial officer, board or agency chair or the mayor acting as presiding officer shall convene the public hearing at the scheduled time and place. The presiding officer shall open the public hearing, introduce each application being considered, identify speakers and maintain order.

2.

The presiding officer shall open the public hearing by stating the specific zoning decision to be considered. He or she shall inform the public that anyone wishing to speak at the hearing concerning a zoning decision must sign in with the quasi-judicial officer, board or agency secretary or the city clerk, as appropriate, prior to speaking.

3.

Analysis to be presented at the hearing. Any analysis submitted by an applicant shall be presented by the applicant or his or her agent at the public hearing. The community development director shall than present his or her report, including a recommendation concerning the proposed zoning decision, and any other information related to the zoning decision. This information shall, at a minimum, consist of a statement of the findings and recommendations with respect to each standard contained in section 13.10, Standards of review. A limited number of copies of the report shall be available to the public at the hearing and available for public review on or before the date of the public notice announcing the public hearing.

4.

Who may appear at the public hearing. Any party may appear at the public hearing in person, by agent, or by an attorney-at-law. Any party desiring a verbatim transcript of the proceedings shall notify the city clerk two business days prior to the public hearing and shall be responsible for arranging such stenographic services and all associated costs.

5.

Presentation of information. Individuals wishing to speak for or against an application shall enter their name and address on a sign-in sheet provided by the quasi-judicial officer, board or agency secretary of the city clerk, as appropriate, prior to the opening of the hearing, indicating whether they are proponents speaking for, or opponents speaking against, the application. The applicant for the zoning decision shall speak first. Other parties in support of the application may then speak, followed by those opposed to the application. The applicant may then be allowed a rebuttal opportunity provided time remains and the applicant has reserved such rebuttal time. Proponents, including the applicant, shall be given a minimum of ten minutes and a maximum of 20 minutes to present of date, evidence and/or opinion concerning the application and may choose to reserve a portion of that time for rebuttal. Rebuttals must be limited to topics and issues raised at the hearing by opponents of the application. These minimum and maximum timeframes shall apply to each side and not to individuals wishing to speak.

6.

Opponents of an application shall also be given a minimum of ten minutes and a maximum of 20 minutes in which to present information. The presiding officer may grant additional time to proponents or opponents, provided an equal amount of time is granted to each side. The presiding officer shall recognize individual parties wishing to speak and monitor the time allotted to each speaker. Prior to speaking, each person shall identify him or herself and state his or her current address.

7.

All speakers shall limit remarks to data, evidence and opinions relevant to the application being considered. Speakers shall address all remarks to the presiding officer. Quasi-judicial officers, board or agency members or city council members may ask questions of the applicant at any time. Time devoted to questions and answers will not affect any time limitations imposed on presentations. Once all parties have concluded their comments, the presiding officer shall close discussion of that agenda item.

8.

Printed copies of these procedures shall be available for distribution to the public at the public hearing and available for public review on or before the date of the public notice announcing the public hearing.

(Ord. No. 7-2020, § 1(Exh. A), 10-26-20; Ord. No. 3-2023, § 1(Exh. A), 7-24-23)

Sec. 13.6. - Quasi-judicial officer, board or agency recommendation on zoning decisions.

A.

A quasi-judicial officer, board or agency shall form a recommendation of approval, denial or approval subject to the specific standards unless substantial reasons exist for tabling an application. These reasons shall be clearly recorded in the hearing minutes, and any additional information required by the quasi-judicial officer, board or agency shall be identified. Failure to make a recommendation shall go forward as "no recommendation." If an application is tabled, the presiding officer shall announce the new hearing date prior to adjourning the hearing. In the event of a tabling, the public notice procedures of section 13.4 shall be repeated, including the posting of signs on the property and applicant mailing of public notices.

B.

The standards adopted in section 13.10, Standards of review shall be applied by the quasi-judicial officer, board or agency in forming a recommendation to city council concerning a zoning decision.

C.

The quasi-judicial officer, board or agency secretary shall forward the recommendation of quasi-judicial officer, board or agency to city council within three business days of the quasi-judicial officer, board or agency's public hearing.

(Ord. No. 7-2020, § 1(Exh. A), 10-26-20; Ord. No. 3-2023, § 1(Exh. A), 7-24-23)

Sec. 13.7. - Zoning decisions by city council.

A.

Upon closing the public hearing, the presiding officer shall solicit a motion by a member of city council calling for approval of the application, denial or approval subject to conditions unless substantial reasons exist for tabling the application to a date certain that shall be announced at the public hearing. These reasons shall be clearly recorded in the hearing minutes, and any additional information required by city council identified. In the event of a tabling, the public notice procedures of section 13.4, Public notice of public hearings shall be repeated, including the posting of signs on the property and applicant mailing of public notices. City council may also vote to return the application to planning commission for further consideration.

B.

The standards adopted in section 13.10, Standards of review shall be applied by city council in rendering a zoning decision. Such zoning decisions may also be based on public input received at the public hearing, the recommendation of planning commission and the findings and recommendations of the community development director.

C.

The city clerk shall inform the applicant in writing by certified mail return receipt requested of the decision of city council within five business days following such decision.

(Ord. No. 7-2020, § 1(Exh. A), 10-26-20)

Sec. 13.8. - Establishment or relocation of a halfway house, drug rehabilitation center, or other facility for treatment of drug dependency.

A.

A public hearing to consider such facilities shall be held by city council no less than six months nor more than nine months prior to the date of final action by city council concerning the zoning decision. Planning commission shall hold a public meeting and shall forward a recommendation concerning such applications to city council. Notice of the public hearing shall comply with the procedures of this section and the following additional requirements:

1.

The posted notice and the legal notice shall prominently state that the proposed zoning decision concerns the location or relocation of a halfway house, drug rehabilitation center, or other facility for treatment of drug dependency.

2.

The legal notice shall be a minimum of six column inches and shall not be located in the classified advertising section of the newspaper.

(Ord. No. 7-2020, § 1(Exh. A), 10-26-20)

Sec. 13.9. - Withdrawal of applications.

A.

An applicant may withdraw a rezoning or special use application on one occasion at any time prior to a vote by city council. Such withdrawal shall not cause imposition of the 12-month waiting period prior to reconsideration of the same application. Fees associated with applications withdrawn following the date the public notice has been ordered by the city clerk shall not be refunded.

(Ord. No. 7-2020, § 1(Exh. A), 10-26-20)

Sec. 13.10. - Standards of review.

A.

Standards governing the exercise of zoning authority are hereby adopted. These standards are to be applied to consideration of any zoning decision. The standards to be considered in deciding zoning map amendments are also to be considered in deciding amendments to the text of the zoning ordinance.

(Ord. No. 7-2020, § 1(Exh. A), 10-26-20; Ord. No. 3-2023, § 1(Exh. A), 7-24-23)

Sec. 13.10.1. - Standards of review applicable to special land use permit.

A.

The following standards are found by the City of Riverdale to be relevant in balancing the promotion of public health, safety, morality and general welfare against the right to unrestricted use of property. Planning commission and city council shall consider the following criteria when reviewing special land use permit applications. A written point-by-point application of each of the criteria in assessing the impact of the proposed special land use permit shall be required of the applicant.

1.

The existing uses and zoning of nearby property;

2.

Whether the proposed amendment is compatible with the policies and intent of the comprehensive plan;

3.

Whether the proposed amendment will permit a use or uses compatible with the current or future use of adjacent and nearby properties comprising the established land use pattern or otherwise adversely affect the existing or potential use of adjacent or nearby properties;

4.

Whether unacceptable impacts on the environment could be caused by the proposed amendment, including, but not limited to, impacts on stormwater discharges, wetlands, groundwater recharge areas, wildlife habitats, soil erosion and sedimentation, floodplains, air quality, and water quality and quantity;

5.

Whether the proposed amendment will allow a use that will or could cause an excessive or burdensome use of existing or planned streets, other transportation facilities, utilities, schools, or other public facilities and services such as police protection, fire protection, emergency medical services, or public health facilities;

6.

The suitability of the property for the zoning classification currently assigned to the property;

7.

Whether the proposed amendment would tend to cause an undue concentration or an undue dispersal of development;

8.

Whether existing or changing conditions affecting the use or development of the property are present that support approval or denial of the proposed amendment;

9.

Whether the proposed amendment will adversely affect the health, safety, morals, aesthetics, convenience, order, prosperity, or welfare of residents, business owners or property owners of the City of Riverdale; and

10.

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

(Ord. No. 7-2020, § 1(Exh. A), 10-26-20)

Sec. 13.10.2. - Standards of review applicable to rezoning.

A.

The following standards are found by the City of Riverdale to be relevant in balancing the promotion of public health, safety, morality and general welfare against the right to unrestricted use of property. Planning commission and city council shall consider the following criteria when reviewing rezoning applications. A written point-by-point application of each of the criteria in assessing the impact of the proposed rezoning shall be required of the applicant. Such application of the criteria shall not be required of the applicant as concerns amendments to the text of the zoning ordinance as only the city council may propose such ordinance amendments:

1.

Whether the zoning proposal is in conformity with the policies and intent of the comprehensive plan;

2.

Whether the zoning proposal will permit a use that is suitable in view of the use and development of adjacent and nearby properties;

3.

Whether the property to be affected by the zoning proposal has a reasonable economic use as currently zoned;

4.

Whether the zoning proposal will adversely affect the existing use or usability of adjacent or nearby property;

5.

Whether there are other existing conditions or changing conditions affecting the use and development of the property that provide supporting grounds for approval or denial of the zoning proposal;

6.

Whether the zoning proposal will adversely affect historic buildings, sites, districts or archaeological resources; and

7.

Whether the zoning proposal will result in a use that will or could cause an excessive or burdensome use of existing streets, transportation facilities, utilities, or schools.

(Ord. No. 7-2020, § 1(Exh. A), 10-26-20)

Sec. 13.10.3. - Standards of review applicable to future land use map amendments.

A.

The following standards are found by the City of Riverdale to be relevant in balancing the promotion of public health, safety, morality and general welfare against the right to unrestricted use of property. Planning commission and city council shall consider the following criteria when reviewing future land use map amendment applications. A written point-by-point application of each of these criteria in assessing the consistency of the amendment with the proposed future land use map designation and the designation of nearby property shall be required of the applicant.

1.

Whether the proposed land use change will permit uses that are suitable in view of the use and development of adjacent and nearby property;

2.

Whether the proposed land use change will adversely affect the existing use or usability of adjacent or nearby property;

3.

Whether the proposed land use change will result in uses that will or could cause excessive or burdensome use of existing streets, transportation facilities, utilities, or schools;

4.

Whether the amendment is consistent with the written policies in the comprehensive plan text;

5.

Whether there are environmental impacts or consequences resulting from the proposed change;

6.

Whether there are impacts on properties in an adjoining governmental jurisdiction in cases of proposed changes near city boundary lines;

7.

Whether there are other existing or changing conditions affecting the use and development of the affected land areas that support approval or denial of the proposed land use change; and

8.

Whether there are impacts on historic buildings, sites, districts or archaeological resources resulting from the proposed change.

(Future land use map found on next page)

AppA_sec_13_10_3

(Ord. No. 7-2020, § 1(Exh. A), 10-26-20)

Sec. 13.10.4. - Standards of review applicable to amendments to the zoning map and zoning ordinance.

The following standards are found by the City of Riverdale to be relevant in balancing the promotion of public health, safety, morality and general welfare against the right to unrestricted use of property. Planning commission and city council shall consider the following criteria when reviewing rezoning applications. Planning commission and city council shall also consider these criteria when reviewing proposed amendments to the text of the zoning ordinance. A written point-by-point application of each of the criteria in assessing the impact of the proposed zoning shall be required of the applicant. Such application of the criteria shall not be required of the applicant as concerns amendments to the text of the zoning ordinance as only city council may propose such ordinance amendments.

1.

Whether the zoning proposal is in conformity with the policies and intent of the comprehensive plan;

2.

Whether the zoning proposal will permit a use that is suitable in view of the use and development of adjacent and nearby properties;

3.

Whether the property to be affected by the zoning proposal has a reasonable economic use as currently zoned;

4.

Whether the zoning proposal will adversely affect the existing use or usability of adjacent or nearby property;

5.

Whether there are other existing conditions or changing conditions affecting the use and development of the property that provide supporting grounds for approval or denial of the zoning proposal;

6.

Whether the zoning proposal will adversely affect historic buildings, sites, districts or archaeological resources; and

7.

Whether the zoning proposal will result in a use that will or could cause an excessive or burdensome use of existing streets, transportation facilities, utilities, or schools.

(Zoning map found on next page)

AppA_sec_13_10_4

(Ord. No. 7-2020, § 1(Exh. A), 10-26-20)

Sec. 13.11. - Zoning of property to be annexed.

Any parcel or parcels of land annexed to the City of Riverdale shall be designated the zoning district classification most similar to and consistent with the Clayton County zoning district classification applying to said property at the time of its annexation. Where Clayton County has raised an objection to the rezoning of any parcel or parcels of land to be annexed, the provisions of O.C.G.A. tit. 36, ch. 36, art. VII shall apply.

(Ord. No. 7-2020, § 1(Exh. A), 10-26-20)

Sec. 13.12. - Conditional zoning.

Planning commission may recommend and city council may assign conditions of zoning intended to mitigate potentially adverse impacts that may be associated with the proposed zoning of the property. The process for deciding a conditional zoning shall be identical to the process for a property zoning that requires public notice, a public hearing and application of the standards contained in section 13.10, Standards of review. Removal of any conditions of zoning shall only be accomplished by the filing of a new zoning application and favorable decision by city council.

(Ord. No. 7-2020, § 1(Exh. A), 10-26-20)

Sec. 13.13. - Reversion of zoning approval.

The following development milestones shall be considered in assessing the need for reversion of a property rezoning or approval of a special use:

A.

Failure of the applicant to obtain a building permit and commence bona fide development and substantial construction in accordance with city council approval of a zoning application or a special use within 12 months of such approval may, at the sole discretion of city council, subject the property to reversion to the former zoning classification or a reversal of the special use approval. For purposes of this section, the term "development" shall be defined as having obtained a land disturbance permit or building permit, as appropriate, mobilized equipment and/or labor, and proceeded diligently with development of the property. The process for reversion of zoning approval or reversal of a special use approval shall be identical to a property rezoning. Such reversion or reversal shall require a zoning decision by city council and shall not be automatic. City council may rezone such property to the original zoning district or may revoke the approval of a special use.

B.

All conditions and stipulations assigned by city council in approving a zoning petition shall remain in full force and effect, and all terms, conditions and stipulations imposed as a condition of rezoning or approval of a special use shall remain in effect and be binding.

C.

Any cessation of development or construction after a final plat containing all the conditions and stipulations assigned to the zoning approval or to approval of a special use has been legally recorded shall not cause a zoning reversion to the previous zoning classification. The conditions and stipulations of the approved zoning or special use shall remain in effect and be binding upon subsequent owners unless a modification is requested and approved.

(Ord. No. 7-2020, § 1(Exh. A), 10-26-20)

Sec. 13.14. - Conflict of interest in zoning decisions.

Any government official, as defined in O.C.G.A. tit. 36, ch. 67A having a financial interest in any real property affected by a property rezoning or consideration of a special use, or having a member of the family with such an interest, shall immediately disclose the nature and extent of such interest as required by law.

(Ord. No. 7-2020, § 1(Exh. A), 10-26-20)

Sec. 13.15. - Disclosure of campaign contributions.

A.

When any applicant for the rezoning of property or consideration of a special use has made a campaign contribution or contributions totaling $250.00 or more to an official of the local government that will consider the application within a two-year period immediately preceding the filing of such application, it shall be the duty of the applicant to file a disclosure report with the city clerk documenting the following information:

1.

Name and official position of the local government official to whom the campaign contribution or contributions were made;

2.

Dollar amount and description of each campaign contribution made by the applicant to the local government official during the two years immediately preceding the filing of a rezoning application or an application for special use approval and the date of each such contribution; and

3.

Such disclosures shall be filed within ten calendar days after a rezoning application or an application for special use approval is first filed with the city clerk.

B.

When any opponent of a rezoning application or an application for special use approval has made a campaign contribution or contributions totaling $250.00 or more to an official of the local government that will consider the application within the two years immediately preceding the filing of the rezoning application or an application for special use approval being opposed, it shall be the duty of the opponent to file a disclosure report with city council documenting the following information:

1.

Name and official position of the local government official to whom the campaign contribution or contributions were made; and

2.

Dollar amount and description of each campaign contribution made by the opponent to the local government official during the two years immediately preceding the filing of a rezoning application or an application for special use approval and the date of each such contribution.

C.

Disclosures required by subsection B of this section shall be filed a minimum of five calendar days prior to the first hearing on the rezoning application or an application for special use approval by city council.

(Ord. No. 7-2020, § 1(Exh. A), 10-26-20)

Sec. 13.16. - Re-application following denial of a rezoning or special use application.

An application for rezoning of property or a special use affecting the same property shall not be considered by city council more often than once every 12 months from the date of the zoning decision by city council denying such application.

(Ord. No. 7-2020, § 1(Exh. A), 10-26-20)

Sec. 13.17. - Appeal of a zoning decision.

A.

Any person or persons, jointly or severally, aggrieved by a zoning decision may appeal said decision in accordance with O.C.G.A. § 36-66-5.1.

B.

Pursuant to O.C.G.A. § 36-66-5.1(c)(1), the city designates the city clerk to approve or issue the certificate necessary to perfect a zoning decision appeal petition and upon whom service of such petition may be effected or accepted on behalf of the quasi-judicial officer, board or agency.

C.

Pursuant to O.C.G.A. § 36-66-5.1(c)(2), the city designates the mayor to accept service and upon whom service of an appeal of a quasi-judicial decision may be effected or accepted on behalf of the local governing authority.

(Ord. No. 7-2020, § 1(Exh. A), 10-26-20; Ord. No. 3-2023, § 1(Exh. A), 7-24-23)

Sec. 13.18. - Rezoning and special use application filing fee.

A fee schedule as adopted from time-to-time by resolution of city council shall be published and maintained by the city clerk.

(Ord. No. 7-2020, § 1(Exh. A), 10-26-20)