111.1 Planning and zoning commission. The planning and zoning commission is established in order to guide and accomplish a coordinated and harmonious development of the city which will, in accordance with existing and future needs, best promote the public health, safety, morals, order, convenience, prosperity, aesthetic appeal, and the general welfare, as well as efficiency and economy in the process of development, the Warner Robins Planning and Zoning Commission, hereinafter referred to as the commission, is hereby created and established.

111.1.1 Membership; appointment; compensation; oath of office. The membership of the planning and zoning shall consist of five (5) members who shall be residents of the city throughout their tenure on the commission. Each member shall be appointed for a term of five (5) years staggered in such a manner that on January 1 of each year, the term of office of one (1) member shall end and a new appointment by the mayor and council shall be made. All members shall receive one hundred seventy-five dollars ($175.00) per month and may be reimbursed for actual expenses incurred in connection with their official duties.

No member shall assume office until that person has executed and filed with the clerk of the city an oath obligating himself or herself to faithfully and impartially perform the duties of that member's office.

The oath shall read as follows and be administered by the Mayor.

"I do solemnly swear or affirm that I will faithfully and impartially perform the duties of Member of the Planning and Zoning Commission of Warner Robins and that I will support and defend the Charter of the City of Warner Robins as well as the Constitution and laws of the State of Georgia and of the United States of America. I will not knowingly receive, directly or indirectly, any money or other valuable thing, for the performance or nonperformance of any act or duty pertaining to my office, other than the compensation allowed by law. I further swear or affirm that I will faithfully discharge my duties as a Member of the Planning and Zoning Commission of Warner Robins to the best of [my] ability."

111.1.1.1. Vacancies. Any vacancy in the membership shall be filled for the unexpired term. Members shall be removed for cause by the mayor and council upon written charges and after public hearing thereon.

111.1.1.2. Public office held. No member shall hold any public office.

111.1.2. Rules of procedure. The planning and zoning commission shall observe the following procedures:

111.1.2.1. Said commission shall adopt rules in accordance with the provisions of these regulations and the laws of the State of Georgia for the conduct of its affairs.

111.1.2.2. Said commission shall elect one (1) of its members as chairman, who shall serve for one (1) year or until he is re-elected or his successor is elected. The zoning enforcement officer shall serve as secretary to the commission.

111.1.2.3. The regular scheduled meetings of said commission shall be held at such times as may be established by the commission. Other meetings shall be held at the call of the chairman or at any other such times as said commission may determine.

111.1.2.4. All meetings of said commission shall be open to the public.

111.1.2.5. Said commission shall keep minutes of its proceedings, showing the vote of each member upon each question, or if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions, all of which shall be immediately filed on the office of the commission secretary and shall be a public record.

111.2. Establishment of the board of zoning appeals.

111.2.1 Membership; oath of office. The board of zoning appeals shall consist of five (5) members who shall be residents of the city appointed by the mayor and council for overlapping terms of four (4) years.

No member shall assume office until that person has executed and filed with the clerk of the city an oath obligating himself or herself to faithfully and impartially perform the duties of that member's office. The oath shall read as follows and be administered by the mayor:

I do solemnly swear or affirm that I will faithfully and impartially perform the duties of Member of the Board of Zoning Appeals of Warner Robins and that I will support and defend the Charter of the City of Warner Robins as well as the Constitution and laws of the State of Georgia and of the United States of America. I will not knowingly receive, directly or indirectly, any money or other valuable thing, for the performance or nonperformance of any act or duty pertaining to my office, other than the compensation allowed by law. I further swear or affirm that I will faithfully discharge my duties as a Member of the Board of Zoning Appeals of Warner Robins to the best of my ability.

111.2.1.1. Vacancies. Any vacancy in the membership shall be filled for the unexpired term. Members shall be removed for cause by the mayor and council upon written charges and after public hearing thereon.

111.2.1.2. Public offices held. No member shall hold any public office; however, one (1) member appointed may be a member of the planning and zoning commission.

111.2.2. Rules of procedure. The board of zoning appeals shall observe the following procedures:

111.2.2.1. Said board shall adopt rules in accordance with the provisions of these regulations and the General Planning and Enabling Legislation of 1957, as amended, for the conduct of its affairs.

111.2.2.2. Said board shall elect one (1) of its members, other than a member of the planning and zoning commission, as chairman, who shall serve for one (1) year or until he is re-elected or his successor is elected. The zoning enforcement officer shall serve as secretary to the board.

111.2.2.3. The meetings of said board shall be held at the call of the chairman and at such other times as said board may determine. The chairman, or in his absence, the acting chairman, may administer oaths and compel the attendance of witnesses by subpoena.

111.2.2.4. All meetings of said board shall be open to the public.

111.2.2.5. Said board shall keep minutes of its proceedings, showing the vote of each member upon each question, or if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions, all of which shall be immediately filed in the office of the board secretary and shall be a public record.

(Ord. No. 32-14, 11-3-14; Ord. No. 05-21, §§ 1, 2, 3-15-21; Ord. No. 2-22, § 1, 2-7-22)

Charter reference— Boards, commissions, and authorities, § 3.11.

Cross reference— Boards and commissions generally, § 2-176 et seq.

112.1. Planning and zoning commission. The planning and zoning commission shall have the following duties and powers:

112.1.1. To receive application for changes to zoning classifications from one district to another, or other amendments to these regulations; to hear, after prescribed public notice, public testimony regarding the proposed changes; to review the current comprehensive plan and future land use map, as applicable; to consider the effect of the proposal upon the public welfare; and to render a written recommendation to the mayor and council regarding the proposed change.

112.1.2. To hear and decide appeals where it is alleged there is error in any order, requirement, decision, of determination made by the zoning enforcement officer, or other administrative official, in the enforcement of these regulations.

112.1.3. To hear and decide special exceptions to the terms of these regulations upon which said commission is required to pass under these regulations. In granting a special exception, the commission shall determine that:

(1)

The use meets all required conditions.

(2)

The use is not detrimental to the public health or general welfare.

(3)

The use is appropriately located with respect to transportation facilities, water supply, fire and police protection, waste disposal, and similar services.

(4)

The use will not violate neighborhood character nor adversely affect surrounding land uses.

112.1.4. To authorize upon appeal in specific cases such variance from the terms of these regulations as will not be contrary to the public interest where, owning to special conditions, a literal enforcement will, in an individual case, result in unnecessary hardship, so that the spirit of these regulations shall be observed, public safety and welfare secured, and substantial justice done. Such variance may be granted in such individual case of unnecessary hardship upon a finding by the commission that:

(1)

There are extraordinary and exceptional conditions pertaining to the particular piece of property in question because of its size, shape, or topography;

(2)

The application of these regulations to this particular piece of property would create an unnecessary hardship to the property;

(3)

Such conditions creating the difficulty are peculiar to the particular piece of property involved due to the size, shape or topography;

(4)

Relief, if granted, would not cause substantial detriment to the public good or injurious to other property or improvements in the neighborhood or impair the purpose and intent of these regulations;

(5)

The variance is not a request to permit a use of land, buildings, or structures which is not permitted by right or by special exception in the district;

(6)

The variance is the minimum variance that will make possible an economically viable use of the land, building or structure;

(7)

The variance will not confer upon the property of the applicant any special privilege denied to other properties in the district;

(8)

The purpose of the variance is not based exclusively upon reasons of convenience, profit or caprice. It is understood that any development necessarily increases property value, and that alone shall not constitute an exclusive finding;

(9)

The alleged difficulty has not been created by the property owner or the owner's predecessors in title;

(10)

The proposed variance will not substantially increase the congestion of the public streets, or increase the danger of fire, or endanger the public safety; and

(11)

The variance complies, as nearly as possible, with the spirit, intent, and purpose of the comprehensive plan.

112.2. Duties and powers of the board of zoning appeals. The board of zoning appeals shall have the following duties and powers:

To hear and decide appeals where it is alleged that in the enforcement and application of these regulations there is error in any order, requirement, decision, or determination made by the planning and zoning commission, the zoning enforcement officer, or other administrative official.

112.3. Zoning enforcement officers. The zoning enforcement officer shall be the building official and/or any public official designated by the city whose duties and powers are as follows:

112.3.1. The zoning enforcement officer is authorized and empowered on behalf and in the name of the city to administer and enforce the provisions of these regulations to include receiving applications, inspecting premises, and issuing building permits and certificates of occupancy for use and structures which are in conformance with the provisions of these regulations.

112.3.2. The zoning enforcement officer does not have the authority to take final action on applications or matters involving nonconforming uses, or other exceptions which these regulations have reserved for action by the planning and zoning commission, the board of zoning appeals, and/or the mayor and council.

112.3.3. The zoning enforcement officer is authorized and empowered to approve minor variances, as defined in section 114.2.11. All other applications or matters involving variances are reserved for action by the planning and zoning commission, the board of zoning appeals, and/or the mayor and council.

112.3.4. The zoning enforcement officer shall keep accurate records of all plats and permits issued in accordance with the administration of these regulations. These include building permits, certificates of occupancy, certificates of zoning exception or variance, and subdivision plats with notations of all special conditions involved. He shall also keep and maintain current the official zoning map of the city, the approved future land use map, records of all violations and enforcement action, and the minutes of the planning and zoning commission.

112.3.5. The zoning enforcement officer shall function as the secretary to the planning and zoning commission and shall maintain for public record the minutes and all other documents incidental to the procedures of the commission.

(Ord. No. 32-14, 11-3-14)

Permits and certificates shall be issued in accordance with the following provisions:

113.1. Building permits. The zoning enforcement officer shall issue a building permit for zoning compliance, for construction, or structural alteration provided such proposed use of land construction, or structure, or structural alteration is in conformance with the provision of these regulations. Such permits shall be evidence of compliance with these regulations contained herein.

113.1.1. When required by the zoning enforcement officer, an application shall be accompanied by two (2) copies of a dimensional sketch or a to-scale plan, signed by the owner, or his authorized agent, to include, as a minimum the following: lot dimensions with property line monuments located thereon; shape, size, height, uses, and location of the buildings proposed to be erected, demolished, altered, or moved, and of any buildings already on the lot yard dimensions and the use of structures, including the number of dwelling units within each structure, where appropriate; easements (private and public); water courses; fences; street names and street right-of-way lines; and such other information regarding abutting property as directly affects the application.

113.1.2. Each permit shall be conspicuously posted and displayed on the premises described in the permit during the period of construction or reconstruction.

113.1.3. If the proposed excavation, filling, construction, or movement set forth in said sketch or plan is in conformity with the provisions of these regulations and other appropriate codes and regulations then, in effect, the zoning enforcement officer shall sign and return one (1) copy of the building permit and retain one (1) copy of the permit and all accompanying sketches and plans for his records.

113.1.4. If the sketch or plan submitted describes work which does not conform to the requirements of these regulations, the zoning enforcement officer shall not issue a building permit, but shall return one (1) copy of the sketch or plan to the applicant along with a signed refusal and shall cite the portions of these regulations with which the submitted sketch or plan does not comply. The zoning enforcement officer shall retain one (1) copy of the sketch or plan and the refusal.

113.1.5. Any building permit for zoning compliance shall automatically expire six (6) months from the date of issuance if the person, firm, or corporation to which the certificate or permit was issued has not clearly demonstrated that the permit is being exercised for the purpose for which it was issued, or if the work so authorized is suspended or discontinued for a period of one (1) year, or if it is determined that work is not proceeding in accordance with the approved sketch or plan.

113.2. Certificate of occupancy. Certificates of occupancy shall be issued by the zoning enforcement officer in accordance with the following provisions:

113.2.1. Certificate of occupancy required. A certificate of occupancy is required in advance of occupancy or use of:

(1)

A building hereafter erected;

(2)

A building hereafter altered so as to affect height, or side, front or rear yards;

(3)

A change of type or occupancy or use of any building on premises.

113.2.2. Issuance of certificate of occupancy. The zoning enforcement officer shall sign and issue a certificate of occupancy if the proposed use of land or building, as stated on the application for such certificate and signed thereto by the owner or his appointed agent, is found to conform to the applicable provisions of these regulations and if the building, as finally constructed, complies with the sketch or plan submitted for the building permit for zoning compliance.

113.2.3. Denial of certificate of occupancy. A certificate of occupancy shall not be used unless the proposed use of a building or land conforms to the applicable provisions of these regulations or unless the building, as finally constructed, complies with the sketch plan upon which the building permit for zoning compliance was issued.

113.3. Certificate of zoning exception or variance. Certificate of zoning exception or variance shall be issued by the zoning enforcement officer after approval by the planning and zoning commission in accordance with the following provisions:

113.3.1. Certificate of zoning exception or variance required. A certificate of zoning exception or variance is required as follows:

(1)

In all instances where new construction, alteration of existing construction, occupancy of existing construction, or use of land is allowed only by special exception after review and approval by the planning and zoning commission.

(2)

In all instances where variance from the terms of these regulations is authorized after review and approval by the planning and zoning commission.

113.3.2. Issuance of certificate of zoning exception or variance. Excepting minor variances, as detailed below in section 114.2.11, the zoning enforcement officer does not have the authority to take final action on the issuance of certificates of zoning exception or variance until review and approval by the planning and zoning commission.

113.3.3. Denial of certificate of zoning exception or variance. A certificate of zoning exception or variance shall not be issued when after review by the planning and zoning commission such new construction, alteration or existing construction, occupancy of existing construction, or use of land is found to be contrary to these regulations or the public interest. In such instances, the zoning enforcement officer shall return one (1) copy of the application for certificate of zoning exception or variance citing the reason(s) for denial and shall retain one (1) copy of the application and an accompanying sketch and plans.

(Ord. No. 32-14, 11-3-14)

114.1. Zoning amendments. The mayor and council may, from time to time, after examination, review, and a public hearing thereon, amend, supplement or change these regulations and the zoning districts contained herein or subsequently established. Unless initiated by the mayor and council or the planning and zoning commission, all applications to amend the land use plan, official zoning map or conditions of the zoning must be submitted by the owner of the affected property or the authorized agent of the owner. Such authorization shall be notarized and attached to the application. Proposals for zoning amendments, whether initiated by the mayor and council, the planning and zoning commission, or any person, firm, or corporation, shall be in compliance with the following procedures:

114.1.1. An application to amend the text of this ordinance, the land use plan or the official zoning map shall be submitted in writing to the zoning enforcement officer at least forty-five (45) days before any hearing by the planning and zoning commission. Any application that does not include all of the components required in sections 114.1.2, 114.1.3 and/or 114.1.4 shall be considered incomplete; submission date shall be considered the date upon which the application is accepted as complete by the planning and zoning staff.

114.1.2. Text amendment applications shall include the following:

(1)

Name and address of the applicant;

(2)

Current provisions of the text to be affected by amendment;

(3)

Proposed wording of text change;

(4)

Letter of intent explaining what is proposed and reason for request; and

(5)

Disclosure of campaign contributions and conflict of interest certification, see sections 1 14.1.15 and 114.1.16.

114.1.3. Land use plan amendment applications shall include the following:

(1)

A current legal description of the property proposed for amendment. If the property proposed for amendment includes multiple parcels, provide a separate legal description for each individual parcel, together with a composite legal description for all parcels.

(2)

All permitted land uses for the identified area under the existing land use plan;

(3)

All changes to existing land use designations that are proposed by the application;

(4)

All land uses immediately adjacent to the subject property under the existing land use plan;

(5)

Letter listing all reasons for the amendment application;

(6)

Applicant's and/or owner's certification;

(7)

Names and addresses of the owner(s) of the land or their agent(s), if any, authorized to apply for an amendment;

(8)

Verification by Houston County that all property taxes owed have been paid (for all parcels subject to this application);

(9)

A certificate of title (for all parcels subject to the application);

(10)

A map indicating the subject property(ies) and the adjacent properties, identified by tax parcel number; and

(11)

An initiating party shall also file any other information or supporting materials that are required by the mayor and council, planning and zoning commission and/or the planning and zoning staff.

114.1.4. Zoning map amendment applications require the following:

114.1.4.1. A pre-application conference is required for all zoning map amendment petitions. All applicants must meet with a member of the planning and zoning staff to discuss the application procedures, the public hearing process, and any other information which may be pertinent to the proposed request. Applications will not be accepted until a pre-application conference has been held. Conferences may be handled via telephone at the discretion of staff.

114.1.4.2. Unless waived by the zoning enforcement officer, each application submitted by a person other than the city shall include all the following information about the subject property:

(1)

Legal description;

(2)

Survey plat showing acreage, compiled by a licensed surveyor;

(3)

Current zoning of the subject property and abutting properties and description of all existing uses of abutting properties;

(4)

A statement of intent explaining the requested zoning change, the proposed use and any special or unusual parts of the rezoning request;

(5)

A description of suitability for development under existing and proposed zoning and a description of all existing uses and structures;

(6)

The duration of vacancy or non-use if the property is vacant and unused at the time the application is submitted;

(7)

A site plan drawn to scale showing the proposed use, including at a minimum information on proposed improvements, including parking and traffic circulation areas of required landscaping, stormwater, detention structures, amenities, buildings and buffers;

(8)

For any applications for commercial industrial uses, the site plan shall also identify the maximum gross square footage of structures, the minimum square footage of landscaped area, the maximum height of any structure, the minimum square footage of parking and drive areas, and the proposed number of parking spaces, landscaping and buffers, stormwater retention structures;

(9)

For any application for single-family residential uses, the site plan shall also identify the maximum number of residential dwelling units, the maximum height of any structure, the minimum square footage of landscaped area, the maximum gross square footage of structures, and the proposed number of parking space;

(10)

For any application for multi-family residential uses, the site plan shall also identify the maximum height of any structure, location of amenities and buffer areas; and

(11)

Any other information may be reasonably required by the zoning enforcement officer, planning and zoning commission or council.

114.1.5. All applications for amendments shall be accompanied by payment of a non-refundable fee as established by the City of Warner Robins Fee Schedule. The mayor and council shall establish a schedule of fees, charges, and expenses and a collection procedure for building permits, certificates of occupancy, appeals, and other matters pertaining to the zoning ordinance. The schedule of fees shall be posted in the planning and zoning department and may be altered or amended only by the mayor and council.

114.1.6. The planning and zoning staff, upon receiving a complete application to amend the zoning ordinance or the official zoning map, may do the following:

(1)

Consult with other departments of the city or county to fully evaluate the impact of any land use category or zoning district change upon public facilities and services including, but not limited to schools, drainage, traffic and related facilities;

(2)

Conduct a site review of the property and surrounding area; and

(3)

Submit a written record of investigation and recommendations to the planning and zoning commission and mayor and council. Said report shall be a matter of public record. The planning and zoning staff's report may recommend amendments to the applicant's request which would reduce the land area for which the application is made, change the land use category or zoning district requested and/or recommend conditions of rezoning which may be deemed advisable so that the purpose of this ordinance will be served and the public health, safety, morality and general welfare secured.

114.1.7. The application shall be submitted to the planning and zoning commission for a public hearing, review and recommendation. Said commission shall have thirty (30) days in which to submit a recommendation to the mayor and council.

114.1.8. Whenever an amendment is proposed or initiated by a party other than the city to change the zoning district of a particular parcel or parcels of property, the applicant shall identify the property to be rezoned as required by the zoning enforcement officer as to allow the posting of a sign on the property in a conspicuous place at least fifteen (15) days in advance of the hearing to be held on the amendment. Such sign shall indicate that a proposal to rezone the property has been submitted to the planning and zoning commission and interested parties may make inquiries for details of the amendment sought. More than one (1) sign may be posted if, in the opinion of the zoning enforcement officer, one (1) sign would not give adequate notice. The cost of each such sign shall be paid by the applicant in accordance with the schedule of fees set forth by mayor and council.

114.1.9. At least fifteen (15) but not more than forty-five (45) days prior to the day of the public hearing; a legal notice shall be published in a newspaper of general circulation within the city giving notice of the time, of the place and purpose of such hearing.

114.1.10. The planning and zoning commission shall hold a public hearing on each complete application in accordance with a schedule adopted by the mayor and council. The planning and zoning commission shall consider the standards in section 114.1.13 prior to any recommendations. Staff recommendations on each application shall be submitted to the planning and zoning commission in advance of the public hearing. In addition, the planning and zoning commission shall, with respect to each application, investigate and make a recommendation for approval, denial, deferral, withdrawal without prejudice or no recommendation. As applicable, a written report of the planning and zoning commission's investigation and recommendation, along with the planning and zoning staff's written report of investigation and recommendation shall be submitted to the mayor and council and shall be of public record.

114.1.11. At the public hearing conducted by the planning and zoning commission, the chairman shall open the hearing at the time and place specified in the hearing notice. The chair shall announce the rules of the hearing before proceeding to address the proposed amendments listed on the agenda.

The chair shall announce each proposed amendment. The chair shall then call for a show of hands of those present wishing to speak in support of the proposed amendment. The chair shall recognize each such person in turn and ask him or her to rise, state his or her name and address, and present his or her statement. The chair shall then call for a show of hands of those present wishing to speak in opposition to the proposed amendment. The chair shall recognize each such person in turn and ask him or her to rise, state his or her name and address, and present his or her statement. The duration of arguments, both for and against the proposed amendment, shall be limited by the chair, and no statement, either in support of or in opposition to the amendment, shall be allowed to exceed the time limit so imposed. All speakers are expected to adhere to the standards of conduct set forth in section 114.1.12 below.

After all of the proposed amendments listed on the agenda have been fully addressed in the foregoing manner, the chair shall declare the public hearing to be closed.

114.1.12. All speakers shall speak only from the podium, shall address only the merits of the pending application and shall address remarks only to the planning and zoning commission. Each speaker shall refrain from personal attacks on any other speaker, any discussion irrelevant to the pending application, or any other inappropriate behavior. No debate or argument between speakers or with commission members will be allowed. Speakers shall not repeat previous comments, as repetition deprives other speakers of valuable time to provide new information. The presiding officer or his/her designee shall refuse a speaker the right to continue, if the speaker, after once being cautioned, continues to violate any section of this ordinance. Speakers should provide supporting documentation prior to the date of the hearing. Speakers shall sign the speaker sign-in sheet prior to the hearing.

114.1.13. The planning and zoning commission and the mayor and council will consider the following factors in determining zoning decisions:

(1)

The location, present use and zoning classification of subject property, and its suitability and economic viability for use as currently zoned;

(2)

The proposed use and zoning classification of the subject property;

(3)

Whether the proposal is consistent with the comprehensive plan;

(4)

The existing land use pattern and the official future land use plan as adopted in the surrounding area or neighborhood;

(5)

The possible creation of an isolated district unrelated to other, nearby districts (spot zoning);

(6)

The increase in population density;

(7)

The possible overloading of the capacity of public facilities including, but not limited to, schools, streets and highways, sanitary sewer system, water system, fire and police protection, and drainage structures;

(8)

Impact on the physical, cultural, and social environment;

(9)

The effect on adjacent properties;

(10)

Whether there are substantial reasons why the property cannot be used in accordance with existing zoning and/or the length of time the property has remained vacant at its present zoning as considered in the context of land development in the area;

(11)

The aesthetic effect of existing and future use of the property as it relates to the overall environment of the surrounding area;

(12)

The relative public benefits to be derived as compared to any potential hardship imposed upon the individual property owner(s); and

(13)

Reasonable conditions, as set forth on the site plan as submitted by the petitioner, as recommended by the planning and zoning commission, or as imposed by the mayor and council at the time the petition is granted;

(14)

Any other factors relevant to the balancing interest in promoting health, safety, morality or general welfare against the unrestricted use of property including, but not limited to, impact upon police and fire protection capabilities and the protection of flood zones and natural areas.

The annexation/zoning petition report and recommendation in its present or future form will be the instrument used to provide decision-making information to mayor and council and planning and zoning commission members.

114.1.14. The mayor and council shall take action on the said proposed amendment within forty-five (45) days after the date of the public hearing held by the planning and zoning commission. The mayor and council shall review the reports prepared by the planning and zoning staff and the planning and zoning commission. Mayor and council may approve or deny the application, approve with modifications or conditions, approve an alternate district or land use category to address the request or defer the decision to a specified meeting date. An action by mayor and council to defer the application shall include a statement of the date and time of the next meeting at which the application will be considered. Such statement shall constitute public notice and no further notice, as outlined in sections 114.1.8—9, is required. The mayor and council shall have the authority to resubmit the proposed amendment for reconsideration by the commission. In the event of a resubmission, the commission shall issue its final recommendation to the mayor and council within thirty (30) days.

114.1.15. The permitted order in which amendments may be made to the text of the zoning ordinance, land use plan and the official zoning map, respectively, is as follows:

(1)

The text of the zoning ordinance may be amended without prior or subsequent amendment to the land use plan or the official zoning map.

(2)

The official zoning map may be amended without an amendment to the land use plan if the proposed amendment would permit a use that is permitted by the land use plan.

(3)

If a proposed amendment to the official zoning map would permit a use that is not authorized within the land use category of the subject property as shown on the land use plan, then the applicant must obtain an appropriate amendment to the land use plan before applying for the rezoning. The applicant may apply for an appropriate amendment to the land use plan and at the same time apply for zoning map amendment.

(4)

The land use plan may be amended regardless of the zoning districts that apply to the subject property.

(5)

Where an application to amend the land use plan and an application to amend the official zoning map each affect the same property and are scheduled to be heard at the same hearing, the application to amend the land use plan shall be heard first, and action authorized by this ordinance taken before the application to amend the official zoning map is heard and action taken with respect thereto.

114.1.16. Disclosure of campaign contributions and/or gifts (O.C.G.A. § 36-67A-3). When any applicant for any zoning action, or any supporter or opponent of any zoning action who has contacted the city to express an opinion or who wishes to speak at a public hearing or submit written opinion, has made within two (2) years immediately preceding the filing of that application campaign contributions totaling two hundred and fifty dollars ($250.00) or more to an official of the City of Warner Robins or to a member of the Warner Robins Planning and Zoning Commission it shall be the duty of said person to file a disclosure report with the city. In the case of the applicant, filing shall be within ten (10) days after the application is made, and in the case of a supporter or opponent, filing shall be at least five (5) days before the first public hearing. Such disclosure report shall include the name and official position of the official to whom the campaign contribution and/or gift was made and the dollar amount, date, and description of each campaign contribution and/or gift made during the two (2) years immediately preceding the fling of the application.

114.1.17. Conflict of interest (O.C.G.A. § 36-67A-2). Any city official who has property interest in real property affected by a zoning action which the city will consider or has a financial interest in any business entity which as a property interest in any real property affected by a zoning action which the city will consider, or has a member of the family having any such interest, shall immediately disclose the nature and extent of such interest, in writing, to the council. Such city official shall disqualify himself from attending, participating in or voting on the zoning action. Disclosures made in accordance with this section shall be public record and available for public inspection during normal business hours. Terms used here are defined below.

(1)

Business interest: Any corporation, partnership, limited liability company, limited partnership, limited liability partnership, firm, enterprise, franchise, association, or trust.

(2)

Financial interest: All direct ownership interests of total assets or capital stock of any business entity of ten (10) percent or more.

(3)

City official: The mayor, council member, or any member of the planning and zoning commission.

(4)

Member of the family: The spouse, parent, sibling or child of a city official.

(5)

Property interest: The direct ownership of real property, including any percentage of ownership.

114.1.18. Procedure relative to ex parte contact with mayor and council. The planning and zoning commission is not subject hereto. To maintain transparency and to avoid an appearance of impropriety in the decision-making process, there shall be no unsolicited substantive ex parte (individual) communication with the mayor or council members by an applicant or his/her representative(s) or by supporters of or opposition to the rezoning, unless the mayor or councilperson agrees to such. Unsolicited e-mails, letters, and faxes to the mayor and council as a whole, copied to the zoning enforcement officer are permissible. They will be made a part of the record. The applicant and his/her representative(s) and supports and opponents are to limit their unsolicited verbal contacts with city officials and employees to the zoning enforcement officer and to the city attorney if the proposed contact is from legal counsel. Mayor and council members will accept verbal presentations in the advertised public hearing and meetings, and via express solicitation or agreement in other instances. If an individual mayor or council member shall direct that person to the zoning enforcement officer, and city attorney and advise the person of upcoming public hearing(s), and disclose such to the mayor and council at the public hearing.

114.1.19. Any petition for a zoning amendment may be withdrawn prior to action thereon by the mayor and council at the discretion of the person, firm, or corporation initiating such request. Written notice of the withdrawal shall be submitted to the zoning enforcement officer.

114.1.20. An application to alter conditions of a rezoning shall be submitted and processed in accordance with all provisions applicable to map amendments through the planning and zoning staff, the planning and zoning commission for a public hearing, and to the mayor and council for final approval.

114.1.21. If a decision for the rezoning of said property is defeated by the mayor and council, then the same property may not be considered for rezoning until the expiration of at least six (6) months immediately following the vote of the mayor and council denying such. A text and/or map amendment may be initiated by the city at any time.

114.1.22. If a site development plan or preliminary plat has not been submitted to the zoning enforcement officer within twelve (12) months of the date of approval of the rezoning application, then the planning and zoning commission may review each case to determine if there are circumstances clearly justifying such delays. If justifying circumstances do not exist, the planning and zoning commission may recommend to the mayor and council that the zoning map be amended to change the land to its prior zoning classification.

114.2. Special exceptions (including home occupation) or variances. The zoning enforcement officer shall submit to the planning and zoning commission each application for special exception. Following each submission, the planning and zoning commission may authorize the zoning enforcement officer to issue such special exception. However, at request of the zoning enforcement officer or when required by the planning and zoning commission, the following procedures for issuance of a special exception shall be followed: After examination, review, and a public hearing thereon, the planning and zoning commission may grant special exceptions to the terms of these regulations upon which said commission is required to pass under these regulations; and in addition, grant minor variances and variances from the terms of these regulations where it will not be contrary to the public interest.

114.2.1. An application must be submitted in writing to the zoning enforcement officer and must be accompanied with site plans, sketches, or any other such information which may be required for review as set forth in section 114.2.3 and section 114.2.9.

114.2.2. The public hearing requirements set forth in section 114.1.11 apply.

114.2.3. Each application for a special exception must be submitted to the zoning enforcement officer at least forty-five (45) days before any hearing by the planning and zoning commission. Unless waived by the zoning enforcement officer, each application shall include all the following information about the subject property:

(1)

Name and address of the applicant, and name and address of the owner or operator of the proposed structure or use, if different from the applicant;

(2)

Nature of proposed use, including without limitation, type of activity proposed, manner of operation, number of occupants and/or employees, hours of operation, number of vehicle trips, water and sewer use and similar matters;

(3)

Vicinity map, location of the proposed use or structure, and its relationship to exiting adjacent uses or structures, and use of adjacent property;

(4)

Area, dimensions and details of the proposed structure(s) or use(s), including without limitation, existing and proposed parking, landscaped areas, height and setbacks of any proposed buildings, and location and number of proposed parking/loading spaces and access ways;

(5)

Identification and location of all existing and proposed utilities; and

(6)

Any other pertinent information that the zoning enforcement officer, planning and zoning commission or council may require, including without limitation, the application contents required by a pre-application conference.

114.2.4. A special exception shall be approved only when it is determined based on the evidence presented at the public hearing that all of the following conditions have been met:

(1)

The proposed use will not be detrimental to adjacent properties or the general neighborhood, the proposed use will not significantly adversely affect public health, safety, morality and welfare, and the proposed use as designed will minimize adverse effect to the surrounding neighborhood.

(2)

Applicable standards in article VIII have been met.

(3)

The proposed use is consistent with the comprehensive plan, and the conditional use is compatible with the community development pattern.

(4)

A rezoning to allow the requested use as permitted use would not be appropriate.

(5)

The proposed use will not be injurious to the natural environment or the other property in the immediate vicinity, or unconstitutionally diminish property values within the surrounding neighborhood.

(6)

Off-street parking and loading, and access thereto will be adequate.

(7)

Public facilities and utilities are capable of adequately serving the proposed use, and the use would not lead to a major negative change in existing levels of public service, or fiscal stability.

(8)

The use will not be an extension of a use which will cause a damaging volume of (a) agricultural, (b) commercial, (c) industrial, or (d) higher density residential use into a stable neighborhood of well-maintained single-family homes, nor likely lead to decreasing surrounding property values, neighborhood deterioration, spreading of blight or additional requests of similar nature which would expand the problem.

(9)

The use would not significantly increase congestion, nose or traffic hazards.

(10)

Granting this request would not have a "domino effect," in that it becomes the opening wedge for further rapid growth, urbanization or other land-use change beyond what is indicated in the comprehensive plan.

114.2.5. The application shall be sent to the planning and zoning commission for review, public hearing and an approval/denial thereof. The planning and zoning commission shall have thirty (30) days in which to make a decision.

114.2.5.1. Whenever a proposed special exception involves an application for home occupation, a day care center, group home or a personal care home, the planning and zoning commission will make a recommendation to mayor and council. The mayor and council shall take action on the said proposed amendment within forty-five (45) days after the date of the public hearing held by the planning and zoning commission. The mayor and council shall review the reports prepared by the planning and zoning staff and the planning and zoning commission. Mayor and council may approve or deny the application, approve with modifications or conditions, approve an alternate district or land use category to address the request or defer the decision to a specified meeting date. An action by mayor and council to defer the application shall include a statement of the date and time of the next meeting at which the application will be considered. Such statement shall constitute public notice and no further notice, as outlined in sections 114.1.8—9, is required. The mayor and council shall have the authority to resubmit the proposed amendment for reconsideration by the commission. In the event of a resubmission, the commission shall issue its final recommendation to the mayor and council within thirty (30) days.

114.2.6. Whenever a proposed special exception involves an application for a day care center, group home, or a personal care home, then the applicant shall provide the zoning enforcement officer with the signature and addresses of all residents and/or property owners contiguous to the applicant's property, including the owners of property lying directly across the adjacent rights-of-way. The signatures are to show that these potentially affected property owners have received notice of the special exception application and the upcoming public hearing. When, in the opinion of the zoning enforcement officer, the proposed use would directly affect the integrity of the existing neighborhood by reason of increased traffic or the possible overloading of other public facilities, then the zoning enforcement officer is authorized to require the signatures and addresses of additional area property owners as deemed necessary to adequately inform the neighborhood of the application.

114.2.7. Whenever a proposed special exception involves an application for home occupation, a day care center, group home, or a personal care home, or when, in the opinion of the zoning enforcement officer, the proposed use would directly affect the integrity of the neighborhood, a sign containing information as to the proposed request shall be posted in a conspicuous location on the property at least fifteen (15) days prior to the date of the public hearing. Such sign shall indicate that a proposal for a special exception has been submitted to the planning and zoning commission and interested parties may make inquiries for details of the type of use sought. More than one (1) sign may be posted if, in the opinion of the zoning enforcement officer, one (1) sign would not give adequate notice. The cost of each such sign shall be paid by the applicant in accordance with the schedule of fees set forth by mayor and council.

114.2.8. Whenever a proposed special exception involves an application for a home occupation and the applicant is not the owner of the property then said application shall be accompanied by the written permission of the owner.

114.2.9. Use variances are prohibited. No variance may be granted that would permit a use not permitted by right or as a special exception in a district.

114.2.10. Each application for a variance must be submitted to the zoning enforcement officer at least forty-five (45) days before any hearing by the planning and zoning commission. Each application shall include all the following information about the subject property:

(1)

Name and address of the applicant;

(2)

Location of the structure and/or use of the structure for which the variance is sought, as shown on a plat by a licensed surveyor;

(3)

Relationship of the structure and/or use to existing structures and uses on adjacent lots;

(4)

Specific sections of this ordinance which would cause hardship, see section 112.1.4.

(5)

Characteristics of the property related to its size, shape or topography that prevent compliance with this ordinance;

(6)

The particular hardship that would result from strict application of this ordinance, see section 112.1.4;

(7)

For any application within an overlay district (i.e. Corridor Overlay, Historic District, etc.) a certificate of appropriateness or a letter of support from a design review board for the district; and

(8)

Any other pertinent information that the zoning enforcement officer, planning and zoning commission or council may require, including without limitation the application contents required by a pre-application conference.

114.2.11. Minor variance provides a simplified procedure for city review and decision on variance requests that propose only a minor modification of applicable zoning code standards. The zoning enforcement officer has the authority to review and grant a minor variance, with or without conditions, or may defer action and refer the application to the planning and zoning commission.

(1)

A public hearing shall not be required for a decision on a minor variance, unless the review authority determines that the specifics of the application justify the holding of a public hearing.

(2)

An application for a minor variance shall be considered by the zoning enforcement officer governing only the development standards identified in following table.

114.2.12. The granting of any variance or minor variance will only occur upon a finding by the zoning enforcement officer or planning and zoning commission that the request meets the conditions outlined in section 112.1.4.

114.2.13. The granting of a prior variance shall not set a precedent for the granting of a further variance, and each application shall be considered only on its individual merits.

114.2.14. A variance shall not be granted if the review authority finds that the condition of the specific piece of property for which a variance is sought, is so general or recurrent in the area as to make practicable the formulation and adoption of a general regulation (e.g. a zoning ordinance amendment) to address and provide for the prevailing condition.

114.2.15. Variances shall lapse one (1) year from the date of the grant of the variance by the zoning enforcement officer unless:

(1)

A zoning or building permit is in effect, the land is being used as contemplated in the variance, or regular progress toward completion of the use or structures contemplated in the variance has taken place in accordance with plan for which the variance was granted; or

(2)

A longer period of validity is established by the zoning enforcement officer or planning and zoning commission; or

(3)

The variance is for future installation or replacement of utilities at the time such installation becomes necessary.

114.2.16. Any application for special exceptions or variances may be withdrawn prior to action by the planning and zoning commission at the discretion of the applicant upon written notice to the zoning enforcement officer.

114.2.17. An applicant shall not initiate action for a special exception or variance involving the same parcel of land more often than once every twelve (12) months.

114.3. Appeals from the zoning enforcement officer. The planning and zoning commission may, from time to time, hear appeals where it is alleged there is error in any order, requirement, decision, or determination made by the zoning enforcement officer or other administrative officials in the enforcement of these regulations.

114.3.1. A request for a hearing before the planning and zoning commission to appeal a decision of the zoning enforcement officer or other administrative officials must be submitted in writing to the zoning enforcement officer and must be accompanied by any information and documentation relevant to the appeal.

114.3.2. The planning and zoning commission shall schedule the requested hearing within thirty (30) days.

(Ord. No. 32-14, 11-3-14; Ord. No. 25-17, § 1, 5-15-17; Ord. No. 05-18, Exh. A(e), (f), 1-16-18)

State Law reference— Zoning proposal review procedures, O.C.G.A. § 30-66-1 et seq.

Request to hear and decide appeals where it is alleged that in the enforcement and application of these regulations there is error in any final order, requirement, decision, or determination made by the planning and zoning commission, the zoning enforcement officer, or other administrative official, shall observe the following procedures provided, however, that provisions of this section shall not apply to any decisions of the planning and zoning commission, the zoning enforcement officer or other administrative officials which are merely recommendations and not final decisions.

115.1. A request for a hearing before the board of zoning appeals to appeal a decision of the planning and zoning commission or the zoning enforcement officer or other administrative official(s) must be submitted in writing to the zoning enforcement officer. The request must be accompanied by any information and documentation relevant to the appeal.

115.1.1. No request for appeal to a decision of the zoning enforcement officer or other administrative official(s) shall be considered by the board of zoning appeals without first having been heard by the planning and zoning commission.

115.1.2. A request for appeal of a decision of the planning and zoning commission must be submitted within thirty (30) days of said decision.

115.2. The request shall be sent to the board of appeals for review. The board of zoning appeals shall fix a reasonable time for the hearing of appeals or other matters referred to said board, give at least fifteen (15) days public notice thereof, as well as due notice to the parties in interest, and decide the same within forty-five (45) days from the date of such public hearing.

115.2.1. The board of zoning appeals may deny a request for hearing and appeal if after review of the request, it is determined that the request is inconsistent with the procedures specified in these regulations or there is no substantive basis for the request.

115.2.2. Whenever an appeal concerns a special exception which involves an application for home occupation, then the applicant shall provide the zoning enforcement officer with a list of names and addresses of all residents and property contiguous to the applicant's property, including the owners of property lying directly across the adjacent rights-of-way. Then the zoning enforcement officer shall notify all identified residents and property owners regarding the nature of the proposed request; the time, date and place the application will be heard, and the telephone number of the zoning enforcement officer should additional information be required.

115.3. A request for appeal stays all legal proceeding relative to and in furthering of the decision being appealed unless the zoning enforcement officer certifies to the board of zoning appeals that in his opinion a stay would cause imminent peril to life and property. Said certification shall include sufficient facts substantiating the imminent peril.

115.3.1. A restraining order of the board of zoning appeals or a court of record shall overrule a certification of the zoning enforcement officer, in which case a legal proceeding will be stayed.

115.4. In exercising the powers granted the board of zoning appeals in section 111.2 of these regulations, the said board may, in conformity with the provisions of these regulations, reverse or affirm wholly or in part, or may modify the order, requirements, decisions or determination of the zoning enforcement officer, or the planning and zoning commission and to that end shall have all the powers of the zoning enforcement officer or the planning and zoning commission and may issue or direct the issuance of a certificate of zoning exception or variance.

115.5. A property owner, or his appointed agent, shall not initiate action for a hearing before the board of zoning appeals relating to the same parcel of land more often than once every twelve (12) months provided that any such request shall have been heard again by the planning and zoning commission in accordance with the procedures outlined in section 114.

115.6. Any petition for a hearing before the board of zoning appeals may be withdrawn prior to action thereon by said board at the discretion of the person, firm, or corporation initiating such a request upon written notice to the secretary of said board.

115.7. Any person or persons severally or jointly aggrieved by any decision of the board of zoning appeals may take an appeal to the superior court.

(Ord. No. 32-14, 11-3-14)