8.02.01   Established.

There is hereby established the Tifton Planning and Zoning Commission which shall function in accordance with the provisions of this article.

8.02.02   Membership.

A.

The planning and zoning commission shall consist of 5 members who shall be selected from time to time as follows:

1.

One (1) member shall be selected from time to time by the mayor and city council of Tifton for an initial term expiring June 30, 2013, and three (3) year terms thereafter with such position to be designated as Tifton post number one (1);

2.

Two (2) members shall be selected from time to time by the mayor and city council of Tifton for an initial term expiring June 30, 2014, and three (3) year terms thereafter with such position to be designated as Tifton post number two (2); and

3.

Two (2) members shall be selected from time to time by the mayor and city council of Tifton for an initial term expiring June 30, 2015, and three (3) year terms thereafter with such position to be designated as Tifton post number three (3).

B.

The terms of the members shall be for three (3) years. Said members shall be allowed to succeed themselves at the discretion of the City Council.

C.

The City Council shall have the authority to remove any member for cause. All vacancies in the membership of the planning commission which shall from time to time exist shall be filled for the unexpired term thereof by the City Council which selected the member whose position shall become vacant.

D.

Limitation on service.

1.

Members of the planning commission shall, notwithstanding their terms of office, serve at the pleasure of the governing authority which selected each such member and each member shall be subject to removal prior to the termination of his term by action of the governing authority which so selected such member.

2.

Upon selection and commencement of his term, each member shall serve, subject to death or resignation and subject to removal, until both the selection of and the commencement of the term of his successor.

E.

Members of the planning commission shall receive no compensation for their services except that they may be reimbursed for any out-of-pocket expenses incurred by them in direct connection with the performances of their services and duties subject to approval thereof by the governing authorities or the governing authority of the governmental entity on behalf of which the member shall function in accordance with such requirements as shall be imposed in connection therewith from time to time by resolutions of the governing authorities or of the governing authority of the governmental entity on behalf of which the member shall function.

F.

Members of the planning commission shall attend planning commission training within the first year of their appointment.

8.02.03   Quorum.

A.

A quorum of the planning commission shall consist of any three (3) of the five (5) regular members.

B.

Decisions of the planning commission as to its recommendations on applications for action shall be rendered by majority vote of members who are present at the planning commission meeting.

C.

In the event that a quorum is not present at a planning commission meeting, the matters under consideration shall be handled as follows;

1.

Held for consideration at next regularly scheduled meeting of the planning commission to which public notice has been given to those entitled thereto,

2.

If there is not a quorum at the next regularly scheduled meeting of the planning commission, only after this second attempt, the matter shall be forwarded to the governing authority without a recommendation from the planning commission.

8.02.04   Officers.

A.

The planning commission shall annually select from among its members a chair who shall preside at meetings of the planning commission.

B.

The planning commission shall annually select from among its members a vice-chair who shall preside at meetings of the planning commission in the absence of the chair or the disqualification of the chair.

C.

Staff Secretary.

1.

The secretary of the planning commission shall be the zoning administrator or such other person or official as shall from time to time be so designated by the manager acting on behalf of the City Council.

2.

The staff secretary of the planning commission shall provide administrative assistance to the planning commission relative to matters relating to this LDC. The duties shall include:

a.

Prepare and conduct all correspondence of the planning commission;

b.

Receive and file all correspondence to the planning commission;

c.

Receive and file all applications and filings to and with the planning commission;

d.

Receive and file all transmittals to the planning commission from the zoning administrator and other public officials;

e.

Review and evaluate all applications and filings to and with the planning commission for compliance with the rules and regulations of the planning commission and notify those filing the applications and filings of any noncompliance therewith;

f.

Following consultation with the chair (and to the extent necessary the other members) schedule meetings of the planning commission in accordance with applicable law, ordinances, resolutions, and the rules and regulations of the planning commission;

g.

Prepare and maintain a calendar and docket of proposed rezoning actions before the planning commission;

h.

Prepare and submit to the members at least forty-eight (48) hours prior to a scheduled hearing an agenda therefore as well as copies of all applications and other filings made in connection with each such proceeding;

i.

Determine all notices to be given in connection with proceedings before the planning commission and cause such notices to be given to those entitled thereto;

j.

Attend all meetings and hearings of the planning commission;

k.

Cause a mechanical record to be made of all meetings and hearings of the planning commission relative to proposed rezoning actions by use of tape recorder or other appropriate device;

l.

Cause to be retained and maintained a copy or a facsimile of all physical evidence presented in connection with proposed rezoning actions;

m.

Prepare and maintain minutes of proceedings of the planning commission indicating therein all significant information, matters and facts pertaining thereto including specifically all motions, votes and decisions of the planning commission together with the vote of each member upon each such motion, vote and decision including those absent, disqualified or failing to vote thereon together with such other matters as shall be pertinent to the activities of the planning commission;

n.

Cause to be retained and maintained all minutes, records, files and notices of the planning commission;

o.

With respect to proposed rezoning actions, maintain a written record of the name and address of all persons who shall present any evidence, testimony or opinions, make any statement at a hearing of the planning commission; and

p.

Perform such other duties as shall be directed from time to time by the planning commission that are approved by the manager.

8.02.05   Meetings.

A.

Meetings of the planning commission shall be held from time to time as necessary for the planning commission to perform its duties and responsibilities.

1.

Meetings shall also be held upon call by the chair, the vice-chair in the absence or disability of the chair, or by a majority of the members.

2.

All meetings of the planning commission shall be open to the public and shall be held in accordance with the requirements of state law relative to open public meetings.

B.

Minutes and records. All minutes, upon approval thereof by the planning commission, and all files, dockets, calendars, physical evidence, notices and records of the planning commission that relate to matters with respect to each governmental entity shall be maintained and made available for public inspection.

(Ord. No. 2017-14, 6-19-2017)

8.02.06   Duties and responsibilities.

The planning commission shall:

A.

Function in an advisory capacity to the City Council.

B.

Subject to the direction, control, and instructions of the City Council, conduct surveys and studies of existing conditions and probable future developments and shall develop plans for physical, social, and economic growth which will best promote the public health, safety, morals, convenience, prosperity, general welfare, efficiency and economy in the development of the City of Tifton and submit the plans to the City Council, and

C.

Subject to the direction, control and instructions of the City Council:

1.

Develop and submit to the City Council for its consideration a master plan, and amendments thereto, for the development of each governmental entity;

2.

Develop and submit to the City Council for its consideration recommendations relative to amendments to or revisions of this LDC, including zoning ordinances, zoning maps and regulations for the subdivision of land within the boundaries of the city;

3.

Review proposed amendments to or revisions of the zoning ordinances and zoning maps of each of the city which shall be submitted by others, make findings with respect thereto, and make recommendations to the City Council with respect to the adoption, rejection, modification or conditional adoption of each such proposed amendment or revision;

4.

Develop and submit to City Council for its consideration official maps or plats, and amendments thereto, which designate the exact location of the boundary lines of existing, proposed, extended, widened and narrowed streets, public ways, public open spaces and public buildings and sites together with regulations and amendments thereto for the erection of buildings and other structures to be located therein; and

5.

Hear and decide appeals where it is alleged there is error in any order, requirement, decision, or interpretation made by the administrator in the enforcement of this chapter;

6.

Hear and approve, approve with conditions, or disapprove applications for variance.

7.

Study, consider and recommend to city council any matter referred to the commission by city council;

8.

Perform such additional functions and services for and on behalf of City Council as shall be authorized or directed from time to time by the City Council.

(Ord. No. 2024-03, 3-18-2024)

8.02.07   Rules and regulations.

The planning commission shall adopt such rules, policies, procedures and regulations as shall not be inconsistent with the provisions of this LDC, the zoning ordinances of the City of Tifton and applicable law.

8.02.08   Authority.

A.

The planning commission shall have no authority or power other than as specifically provided from time to time by ordinance or resolution of the City of Tifton; and

B.

Without limiting the generality of the foregoing, shall have no authority, right or power to expend any funds, to direct the activities of any employee or official of the City of Tifton (except solely the secretaries of the commission and then only to the extent specifically authorized in this article) or to contract for or on behalf of either itself or the City of Tifton.

8.02.09   Legal assistance.

With respect to this LDC on matters relative to the City of Tifton, the city attorney shall act as the legal advisor and representative of the planning commission and shall render such legal assistance as shall be necessary.

8.02.10   Disclosures.

A.

Financial interest.

1.

A member of the planning commission who:

a.

Has a property interest in any real property affected by any proposed action pending before the planning commission;

b.

Has a financial interest in any business entity which has a property interest in any real property affected by any proposed rezoning action pending before the planning commission; or

c.

Has a member of the family who has any interest described in either subsection (a) or subsection (b) of this section;

shall at or prior to the initial meeting of the planning commission at which the matter is to be considered (but in no event later than immediately following the announcement of the matter for consideration by the commission) disclose the nature and extent of such interest in writing to the applicant and to the commission.

2.

All such disclosures shall be entered into the minutes of meetings of the planning commission, shall be matters of public record of both the planning commission and the City of Tifton, and shall be available for public inspection at any time during normal working hours.

B.

Contributions.

1.

When any applicant for any proposed rezoning action has made, within two (2) years immediately preceding the filing of that applicant's application for the rezoning action, gifts having in the aggregate a value of two hundred fifty dollars ($250.00) or more to any planning commission member, it shall be the duty of the applicant or the attorney representing the applicant to disclose in writing to the planning commission:

a.

The name of member(s) to whom the gift or gifts were made; and

b.

An enumeration and description of each gift having a value of two hundred fifty dollars ($250.00) or more made by the applicant to each such member during the two (2) years immediately preceding the filing of the application for the zoning change.

2.

The disclosures required by subsection 1 above shall be filed within ten (10) days after the application for the proposed rezoning action is first filed.

C.

Relationships.

1.

Each member of the planning commission who shall have any business or financial relationship with any applicant or with any owner of any property proposed for rezoning action and who, due to the nature or extent of such relationship or relationships, may not be able to objectively act with respect to the proposed rezoning action shall, at or prior to the initial meeting of the planning commission at which the matter is to be considered (but in no event later than immediately following the announcement of the matter for consideration by the commission), disclose the nature and extent of such relationships to the applicant and to the planning commission.

2.

All such disclosures shall be entered into the minutes of the planning commission, shall be matters of public record of both the planning commission and the City of Tifton and shall be available for public inspection at any time during normal working hours.

D.

Disqualification of members.

1.

Any member of the planning commission who shall have;

a.

A property interest, a financial interest, or a member of the family who has either a property interest or financial interest which is subject to disclosure pursuant to the provisions of this article;

b.

Received any contribution which is subject to disclosure pursuant to the provisions of this article; or

c.

Any relationship which is subject to disclosure pursuant to the provisions of this article;

may disqualify himself from participation in the consideration of the proposed rezoning action in issue or may be disqualified by vote of the planning commission as provided in subsection 2 below.

2.

Any other member, the applicant and any other interested person shall each be entitled at the time of the call for consideration of the matter or at any time prior thereto to raise any issue of possible disqualification of any member whereupon, following such consideration as the planning commission shall deem appropriate, the planning commission shall determine by majority vote of those members who are not subject to potential disqualification in connection with the proposed rezoning action whether the member shall be disqualified.

8.04.01   Established.

There is hereby established a historic preservation commission with the title of "Historic Preservation Commission of the City of Tifton, Georgia", hereinafter referred to as the "HPC."

8.04.02   Membership.

A.

The HPC shall consist of seven (7) members appointed by the Mayor and City Council, all of whom shall be residents of the city, and a majority of whom shall be persons who have demonstrated special interest, experience or education in history or architecture.

B.

Members of the HPC shall be appointed for a three (3) year term and shall serve at the pleasure of the Mayor and City Council.

C.

Members of the HPC shall not receive any salary or any other compensation except expense reimbursement approved in advance by the Mayor and City Council.

D.

The HPC shall select such officers as it deems appropriate from among its members.

8.04.03   Quorum.

A quorum of the HPC shall consist of any four (4) of the seven (7) regular members. Action by the HPC shall require a minimum of four (4) votes.

8.04.04   Powers and duties.

The HPC shall be authorized, in accordance with the provisions of O.C.G.A. § 44-10-25, to:

A.

Prepare and maintain an inventory of all property within the city having the potential for designation as historic property;

B.

Recommend to the Mayor and City Council specific places, districts, sites, buildings, structures, or works of art to be designated by ordinance as historic properties or historic districts;

C.

Review applications for certificates of appropriateness, and grant or deny the applications in accordance with the provisions hereof and the provisions of O.C.G.A. § 44-10-28;

D.

Recommend to the Mayor and City Council that the designation of any place, district, site, building, structure, or work of art as a historic property or as a historic district be revoked or removed;

E.

Restore or preserve any historic properties acquired by the city to the extent specifically authorized by the Mayor and City Council;

F.

Promote the acquisition by the city of facade easements and conservation easements in accordance with the provisions of the Facade and Conservation Easements Act of 1976 (O.C.G.A. §§ 44-10-1—44-10-5A);

G.

Conduct educational programs on historic properties located within the city;

H.

Make such investigations and studies of matters relating to historic preservation, as the Mayor and City Council or the HPC itself may, from time to time, deem necessary or appropriate for the purposes of this article;

I.

Seek out local, state, federal and private funds for historic preservation, and make recommendations to the Mayor and City Council concerning the most appropriate uses of any funds acquired by the city as a result thereof;

J.

Consult with historic preservation experts in the historic preservation section of the state department of natural resources or its successor and the Georgia Trust for Historic Preservation, Inc. or its successors; and

K.

Submit to the historic preservation section of the state department of natural resources or its successor a list of historic properties or historic districts designated as such pursuant to the provisions of O.C.G.A. § 44-10-26.

8.04.05   Administrative procedures.

A.

Records. The HPC shall maintain a public record of all applications for certificates of appropriateness and of all the HPC's proceedings relative thereto as well as all of its other actions, decisions and proceedings.

B.

Rules and Policies.

1.

The HPC shall adopt such rules and policies for the transaction of its business, for consideration of applications for designations, and for certificates of appropriateness as it deems necessary, subject to approval thereof by the Mayor and City Council.

2.

The HPC shall provide for the time and place of regular meetings, provide notice to the public thereof as required by law, and shall provide a method for the calling of special meetings.

C.

Conflict of Interest. Any member of the HPC who has any ownership or other interest in any property which is the subject of any proceeding before the HPC is prohibited from consideration of or voting upon any such matter.

D.

Negotiations for Acquisition. The HPC may, where such action is authorized in advance by the Mayor and City Council and is reasonably necessary or appropriate for the preservation of a unique historic property, enter into negotiations on behalf of the city with the owner for the acquisition by gift, purchase, exchange, or otherwise, of the property or any interest therein by the city; provided that no commitment of any nature whatsoever relative thereto may be made by the HPC except to the extent specifically authorized by the city council.