3.1 AMENDMENTS TO THE ZONING CODE OR MAP
Unofficial copy. It may be out of date. Not legal or zoning advice. Zoning rules change, and only the city or county can say for sure what is allowed on a property. Confirm with the city or county planning department before you buy, sign or build.
The official Fountain Green code is at http://fountaingreencity.gov/government/planning-and-zoning/index.html.
Text pulled 2026-10-19 from this source.
Tables (like use tables) may not copy cleanly, so check any table against the official code.
Confirm anything here with Fountain Green planning before you rely on it.
Amendments to this chapter shall be made in the following manner:
A. APPLICATION. An applicant must file a written request for amendment with the Planning Commission. The City Council, Planning Commission, or owner /applicant may initiate an amendment as provided below. An owner/applicant shall pay the filing fee prescribed by resolution, and shall file an application, which shall include, without limitation:
1. The legal description of all property included;
2. Common address if available; and
3. A written statement addressing the criteria required for approval pursuant to Section 3-1E.
B. HEARINGS BEFORE PLANNING COMMISSION. The Planning Commission, a Land Use Authority, shall hold a public hearing on all amendments to this chapter or to the Land Use Zoning Map. The commission shall cause a notice, including a description of the property for which the zoning amendment is requested, a brief explanation of the
Final copy approved by Fountain Green City Council February 18, 2008. Minor changes 3.6 F and G April 19, 2012. 3.20 Amended October 18, 2012. Amended section 3.15 January 19, 2023. Amended sections 3.2 & 3.15 March 16, 2023. Revise section 3.6 G January 18, 2024. Revise section 3.6 F & G January 16, 2025. Updated & Revised Jan 22, 2026.
proposed zoning, and the date, place, and time of the public hearing, to be prepared as provided in Section 3-9 below. The purpose of the notice is to reasonably inform the general public, surrounding property owners, and governmental jurisdictions of the application. No minor omission or defect in the notice or mailing shall be deemed to impair the validity of the proceedings to consider the application.
C. ACTION BY PLANNING COMMISSION. Following the public hearing, the Planning Commission shall adopt a written recommendation to the City Council, advising the Council to approve, disapprove, or modify the proposal. If the Planning Commission fails to take action within 60 days of the close of the public hearing, the City Council shall consider the matter forwarded from the Planning Commission with a negative recommendation.
D. HEARING BEFORE CITY COUNCIL. The City Council may hold a public hearing on all proposed amendments to this chapter or Land Use Zoning Map forwarded from the Planning Commission. Notice of the public hearing shall be provided in accordance with Section 3-1B.
E. CRITERIA/REQUIRED FINDINGS. The City’s land use zoning is the result of a detailed and comprehensive review and determination of the City’s present and future land use allocation needs. In order to establish and maintain sound, stable, and desirable development within the City, rezoning of land is to be discouraged and allowed only under the limited circumstances herein described. Therefore, the Planning Commission may recommend, and the City Council may grant, a rezoning application only if it determines, in written findings, that the rezoning is consistent with the policies and goals of the Fountain Green City General Plan and that the applicant has demonstrated the following:
1. The proposed rezoning is necessary either to comply with the Fountain Green City General Plan Proposed Land Use Map, or to provide land for a community need that was not anticipated at the time of adoption of the Fountain Green City General Plan; or
2. Existing zoning was either the result of a clerical error or a mistake of fact, or that it failed to take into account the constraints on development created by the natural characteristics of the land, including but not limited to, steep slopes, floodplain, unstable soils, and inadequate drainage; or
3. Land or its surrounding environs has changed or is changing to such a degree that it is in the public interest to encourage redevelopment of the area or to recognize the changed character of the area.
F. TEMPORARY OR EMERGENCY ZONING. The City Council may enact an ordinance, without a public hearing or Planning Commission recommendation, which establishes temporary zoning regulations for any part or all of the area within the City if the:
Final copy approved by Fountain Green City Council February 18, 2008. Minor changes 3.6 F and G April 19, 2012. 3.20 Amended October 18, 2012. Amended section 3.15 January 19, 2023. Amended sections 3.2 & 3.15 March 16, 2023. Revise section 3.6 G January 18, 2024. Revise section 3.6 F & G January 16, 2025. Updated & Revised Jan 22, 2026.
1. City Council makes a written finding of compelling, countervailing public interest; or
2. The area is not zoned.
Temporary zoning regulations may prohibit or regulate the erection, construction, reconstruction, or alteration of any building or structure or any subdivision approval. The City Council shall establish a period of limited effect for the ordinance, which period may not exceed 6 months.