§ 94-19. Conflicts of interest in zoning decisions.

(a)

For purposes of this section, the following terms shall have the meanings as follows:

(1)

Financial interest shall mean all direct ownership interests of the total assets or capital stock of a business entity where such ownership interest is ten percent or more.

(2)

Local government official shall mean the Mayor, members of the City Council, and members of the Planning and Zoning Commission of the City of Fayetteville, Georgia.

(3)

Property interest shall mean the direct ownership of real property and includes any percentage of ownership less than total ownership.

(4)

Rezoning action means an action by the city adopting an amendment to a zoning ordinance which has the effect of rezoning property from one zoning classification to another.

(b)

A conflict of interest arises when a local government official knows or reasonably should have known that he or she or a member of his or her family [spouse, mother, father, brother, sister, son or daughter (hereinafter "family member")] has one of the following interests:

(1)

A property interest in any real property affected by a rezoning action which the city will have a duty to consider.

(2)

A financial interest in any business entity which has a property interest in any real property affected by a rezoning action which the city will have the duty to consider.

(c)

If a local government official finds that he or she or a family member has an interest as set forth hereinabove, then the government official must immediately disclose the nature and extent of such interest, in writing, to the city council or the planning and zoning commission as appropriate. If the government official or his/her family member as hereinabove defined personally has the conflicting interest, then the government official must disqualify himself from voting on the rezoning decision and may not take any other action on behalf of himself or any other person to influence action on the application for rezoning. Any disclosures of conflicts of interest are considered public records and are available for public inspection.

(d)

Where one or more disqualifications required by this section result in the inability of the city council to attain a quorum for the purpose of making a final decision when considering a rezoning action, the city council shall immediately petition the superior court for appointment of a disinterested special master to hear evidence regarding the proposed rezoning action and to make a nonbinding recommendation to the city council, as required pursuant to O.C.G.A. § 36-67A-5, as the same may from time to time be amended.

(e)

One or more disqualifications required by this section which result in the inability of the planning and zoning commission to attain a quorum shall not prevent the commission from taking a vote and making its recommendation or decision.

(f)

A local government official shall not be prohibited from voting on a zoning decision when the city is adopting a zoning ordinance for the first time or when the city is voting upon a revision of the zoning ordinance initiated by the city pursuant to its comprehensive plan.

(Ord. No. 0-32-98, Art. 1, 10-5-98)