Please Note: The requirements of the Public Participation Ordinance are separate from and in addition to the requirements for Public Hearings.
Public Hearings are required per Part 10, Chapter 2, Article H, Sections 10-2155, Section 10-2156 and Section 10-2157 for applications regarding Variances, Zoning Map Amendments, Re-zonings and Special Use Permits.
AN ORDINANCE TO AMEND PART 10 – PLANNING AND DEVELOPMENT, CHAPTER 2,
ARTICLE J FOR THE CITY OF EAST POINT, GEORGIA; TO PROVIDE AN EFFECTIVE DATE; TO
REPEAL CONFLICTING ORDINANCES; AND FOR OTHER PURPOSES
APPLICATION No.: 2007Z-014-09
WHEREAS, the duly elected governing authority of the City of East Point, Georgia is the Mayor and Council thereof; and
WHEREAS, the governing authority desires to amends the Zoning Regulations of the
City Code; and
WHEREAS, the amendments contained herein will further the goal to improve the quality of life for the citizens of the City by increasing their ability to communicate with developers, local businesses and the City of East Point’s staff.
NOW BE IT ORDAINED BY THE CITY COUNCIL OF EAST POINT, GEORGIA AS FOLLOWS:
Section 1. The Code of Ordinances of the City of East Point, Georgia is amended by
Deleting Article J in its entirety and inserting the following: Article J- “Public Participation Program “
Article J - Public Participation Program
Section 10-2180 - Public Participation Program: The Public Participation Program is in place to
ensure that applicants pursue early effective public involvement in conjunction with their petitions, ensure that the citizens of East Point have an adequate opportunity to learn about petitions that may affect them, and to ensure ongoing communication between applicants, adjoining property owners, neighborhood groups, community associations and other organizations, elected officials and City staff. A minimum target area for
Please Note: The requirements of the Public Participation Ordinance are separate from and in addition to the requirements for Public Hearings. Public Hearings are required per Part 10, Chapter 2, Article H, Sections 10-2155, Section 10-2156 and Section 10-2157 for applications regarding Variances, Zoning Map Amendments, Re-zonings and Special Use Permits.
Public Participation shall be a 500 foot radius from the affected property. At the Director of Planning and Zoning’s discretion, a greater distance may be required. Applicants are required to submit a Public Participation Plan for meeting with interested citizens to advise residents of pending zoning, variance, special use permit, residential infill, or subdivision of property applications and to allow citizens the opportunity to discuss concerns and provide input about project design or development. An applicant’s responsibilities are to inform the public, solicit input, and provide a summary of these activities in the form of a written report.
The requirement for a Public Participation Plan does not give communities decision making powers. Applicants are encouraged to listen to the concerns of the community and seek to reach a consensus on the outstanding issues. A refusal by the community to meet with applicants or to return the completed and signed Departmental documents does not mean that the applicants fail to meet the requirements of the Public Participation Program.
Dialogue shall occur between applicants and communities before the Planning and Zoning Commission hearing held the third Thursday of each month. Public Participation Plans are required with all zoning, variance, special use permit, residential infill, or subdivision of property applications and must be filed simultaneously with the application. Public Participation Plan Reports are required to be submitted no less than twelve (12) business days before the scheduled City Council Meeting’s public hearing, held the third Monday of each month. If the report is not submitted as required, the Council may defer an application.
Section 10-2181 - Public Participation Plan: Every application for a zoning, variance, special use
permit, residential infill, or subdivision of property shall include a Public Participation Plan.
Minimum Standards:
Please Note: The requirements of the Public Participation Ordinance are separate from and in addition to the requirements for Public Hearings. Public Hearings are required per Part 10, Chapter 2, Article H, Sections 10-2155, Section 10-2156 and Section 10-2157 for applications regarding Variances, Zoning Map Amendments, Re-zonings and Special Use Permits.
1. Identification of all property owners within 500 foot radius of the site, area
neighborhood groups, community associations, other organizations and any political subdivision of the State which may be affected by an application.
2. Detailed explanation of how interested parties will be informed of a zoning,
variance, special use permit, residential infill, or subdivision of property.
3. Methods for providing opportunities for discussion with interested parties
before public hearings are held. Applicants are required to schedule at least one meeting at a convenient location and time and notify all interested parties of the purpose, place and time of meeting.
4. Applicant’s schedule for completion of the Public Participation Plan
5. Site plan and sketches, including at least the building footprint and front and side elevations, of any structure to be built.
Section 10-2182 - Public Participation Plan Report: Every application for zoning, variance,
special use permit, residential infill, or subdivision of property is required to provide a Public Participation Report on a form provided by the Department of Planning and Zoning no later than twelve (12) business days before the scheduled City Council Meeting’s public hearing (if applicable). This report shall be made a part of the official file and a summary will be provided to the City Council.
1. Provide a list of all parties that were contacted, the methods of notification
that were used, and copies of all notification letters.
2. Provide dates and locations of all community and/or other meetings that
were attended by the applicant to discuss an application (Attach meeting
notices, letters, etc.)
3. Provide dates and locations of all community and/or other meetings that
were attended by the applicant to discuss an application (Attach meeting
notices, letters, etc.)
4. Provide the number of people who participated in meetings held to
discuss an application. (Attach sign-in sheets)
Please Note: The requirements of the Public Participation Ordinance are separate from and in addition to the requirements for Public Hearings. Public Hearings are required per Part 10, Chapter 2, Article H, Sections 10-2155, Section 10-2156 and Section 10-2157 for applications regarding Variances, Zoning Map Amendments, Re-zonings and Special Use Permits.
5. A summary of concerns and issues expressed by interested parties.
6. A summary of the applicant’s response to concerns and issues.
7. A signed copy of the Notification form, signed by both the applicant and a
representative of the Community presented to.
8. Applicant shall attach a copy of the development plan presented to the
community representative.
9. Applicant shall bring to the community meeting copies of the plan which
can be distributed and kept by the community. (Size not to exceed 11x17)
10. Applicant shall conduct an additional community meeting if modifications
are made to the application after it has been reviewed by the appropriate
property owners, neighborhood groups, community associations other
organizations and any political subdivision of the State affected by the
application.
A Public Participation Plan Report must also be submitted no
less than seven (7) business days before the scheduled City Council
Meeting’s public hearing, held the third Monday of each month.
Section 10-2183 - Community Responsibility: The affected community shall also fax, mail, e-mail or hand deliver to the Department of Planning and Zoning a copy of the signed form by both parties in order to insure that the information submitted by the applicant reflects what was presented to the community. The form must be submitted within five (5) days after the scheduled community meeting. A neighborhood’s failure to submit and/or sign the form does not stop the public hearing or development process.
Section 2. This ORDINANCE shall be codified in a manner consistent with the laws of the State of
Georgia and the City of East Point.
Section 3.
(a) It is hereby declared to be the intention of the Mayor and Council that all Sections, paragraphs, sentences, clauses and phrases of this ORDINANCE are or were, their enactment, believed by the Mayor and Council to be fully valid, enforceable and constitutional.
Please Note: The requirements of the Public Participation Ordinance are separate from and in addition to the requirements for Public Hearings.
Public Hearings are required per Part 10, Chapter 2, Article H, Sections 10-2155, Section 10-2156 and Section 10-2157 for applications regarding Variances, Zoning Map Amendments, Re-zonings and Special Use Permits.
(b) It is hereby declared to be the intention of the Mayor and council that, to the
greatest extent allowed by law, each and every section, paragraph, sentence, clause or phrase of this ORDINANCE, is severable from every other section, paragraph, sentence, clause or phrase of the ORDINANCE. It is hereby further declared to be the intention of the Mayor and Council that, to the greatest extent allowed by law, no section, paragraph, sentence, clause or phrase of this ORDINANCE is mutually dependent upon any other section, paragraph, sentence, clause or phrase of this ORDINANCE.
(c) In the event that any phrase, clause, sentence, paragraph, or section of this
ORDINANCE shall, for any reason whatsoever, be declared invalid, unconstitutional or otherwise
unenforceable by the valid judgment or decree of any court of competent jurisdiction, it is the express intent of the Mayor and Council that such invalidity, unconstitutionally or unenforceability shall, to the greatest extent allowed by law, not render invalid, unconstitutional or otherwise unenforceable any of the remaining phrases, clauses, sentences, paragraphs or sections of the ORDINANCE and that, to the greatest extent allowed by law, all remaining phrases, clauses, sentences, paragraphs and sections of the ORDINANCE shall remain valid, constitutional, enforceable, and of full force and effect.
Section 4. ALL ORDINANCES and parts of ORDINANCES in conflict herewith are hereby expressly repealed.
Section 5. Penalties in effect for violations of Part 1 of the Code of Ordinances, City of East Point,
Georgia at the time of the effective date of this ORDINANCE shall be and are hereby made applicable to this ORDINANCE and shall remain in full force and effect.
Section 6. The effective date of this ORDINANCE shall be the date of adoption unless otherwise
specified herein.
Please Note: The requirements of the Public Participation Ordinance are separate from and in addition to the requirements for Public Hearings. Public Hearings are required per Part 10, Chapter 2, Article H, Sections 10-2155, Section 10-2156 and Section 10-2157 for applications regarding Variances, Zoning Map Amendments, Re-zonings and Special Use Permits.
Referred to Planning & Zoning
Public Hearing Held:
First Reading:
APPROVED this _________ day of _______________ 2007.
Joseph L. Macon, Mayor
APPROVED AS TO FORM: ATTEST:
Nina Hickson, City Attorney
Brenda James, City Clerk
