ORDINANCE NO. CR202312

BUTTS COUNTY, GEORGIA

AN ORDINANCE TO CONSIDER THE REQUEST FOR A REZONING FOR THE PURPOSE OF A SUBDIVISION FOR THREE PARCELS LOCATED AT AIR STRIP ROAD (TAX PARCEL ID NUMBERS 0058B-075-000, 0058B-076-000, AND 058B-077-000) IN LAND LOT 194 OF THE 1ST DISTRICT.

WHEREAS, David Whitaker (hereinafter “Applicant”) requests a rezoning from R-3 – Single-Family Residential-High Density to R-1 – Single-Family Residential-Low Density for the purpose of a subdivision for three parcels totaling approximately 24.33 acres located at Air Strip Road (Tax Parcel ID numbers 0058B-075-000, 0058B-076-000, and 0058B-077-000) in Land Lot 194 of the 1st Land District; and

WHEREAS, the Applicant requests that the Board of Commissioners permit rezoning for a subdivision; and

WHEREAS, the Planning and Zoning Department has reviewed and considered the Applicant’s request and the report of the Department is included as Exhibit “A”; and

WHEREAS, notice of this matter (attached hereto and incorporated herein as Exhibit “B”) has been provided in accordance with applicable state law and local ordinances; and

WHEREAS, said request has been reviewed by the Planning and Zoning Commission during a hearing held on March 9, 2023; and

WHEREAS, the Board of Commissioners has held a duly noticed public hearing on March 27, 2023 and has considered the Department’s report and the Applicant’s submitted information in light of those criteria for a rezoning under applicable County codes; and

NOW THEREFORE THE BOARD OF COMMISSIONERS OF BUTTS COUNTY HEREBY ORDAINS:

SECTION 1

( ) The Applicant’s request for a rezoning for a subdivision as described in the preamble is
hereby APPROVED.

( ) The Applicant’s request for a rezoning for a subdivision as described in the preamble is
hereby DENIED.

SECTION 2

That the rezoning for the above-described Property is subject to:

( ) The conditions set forth on Exhibit “C” attached hereto and incorporated herein by
reference.

( ) There are no conditions.

SECTION 3

If approved, the rezoning of the Property shall be effective immediately.

SECTION 4

A. Severability Clause: It is the express intention of the Board of Commissioners that each independent provision of this amendment should be adopted, and the Board of Commissioners would have adopted each such independent provision even if the others had not been adopted. Therefore, in the event that a court of competent jurisdiction finds any provision of this amendment or the UDO to be unlawful, invalid, or unenforceable, it is the intent of the Board of Commissioners that the offending provision be severed, and all lawful provisions remain in force.

B. Penalty Clause: Unless another penalty is expressly provided, every person convicted of a violation of this ordinance shall be punished by a fine not to exceed $1,000.00, imprisonment not to exceed 180 days, or both such fine and imprisonment.

C. General Repealer: Any ordinance not expressly addressed by this ordinance that is inconsistent with the provisions herein is expressly repealed to the extent that it conflicts with the provisions of this amending ordinance.

D. Effective Date: The public welfare demanding, this ordinance shall be effective immediately after its adoption.

SO ORDAINED by the Board of Commissioners this 27th Day of March, 2023

BUTTS COUNTY, GEORGIA

____________________________________
Keith Douglas, Chairman
ATTEST:

Michael Brewer, Deputy County Manager
As Clerk of the 125th Session

Recorded in the Book of Resolutions, Volume 2 and referenced in the minutes of March 27, 2023

Exhibit “A”
Department Report
 
Exhibit “B”
Public Notices (Newspaper publication and sign, if required)
 
Exhibit “C”
Conditions