(a)

Text amendment. An application to amend the text of this chapter may be initiated by the unified zoning board or be submitted to the unified zoning board by the mayor and city council, zoning staff, or by any person having an interest in the city.

(b)

Map amendment. An application to amend the official zoning map may be initiated by the unified zoning board or be submitted to the unified zoning board by the mayor and city council or zoning staff, property owner or agent of the owner. Unless initiated by the mayor and city council, the unified zoning board or zoning staff, all applications to amend the official zoning map must be submitted by an owner of the affected property or an authorized agent of an owner, following procedures set forth in sections 47-360 and 47-361. If submitted by an agent of the owner, such authorization shall be notarized and attached to the application. If a property has multiple owners, only one owner need file the application, and it will be assumed that the other owners consent; however, if any owner does not consent to the application (or otherwise objects), the rezoning application will not go forward. If owned by a corporation or other entity, the application must be filed by a person with proper corporate or entity authority, and the community development director may require documentation to support a claim of authority.

(c)

Resubmission after denial. In the event an application for an amendment to the zoning map has been denied, another rezoning application affecting the same property shall not be submitted nor accepted until 12 months have passed from the date of the final decision by the mayor and city council.

(d)

Alter conditions. An application to alter conditions of rezoning may be submitted at any time after the final decision of the mayor and city council. The applicant must show a change in circumstances or additional information not available to the applicant at the time of the original decision by the mayor and city council to impose the condition. Another application to alter the same condition shall not be submitted more than once every 12 months, such interval to begin on the date of the final decision by the mayor and city council on said application to amend the condition.

(e)

Withdrawal. An application may be withdrawn without prejudice at any time prior to 6:00 p.m. on the day of the unified zoning board's hearing. The unified zoning board may give permission for a withdrawal without prejudice at its hearing. Withdrawal after the unified zoning board's hearing shall mean such application may not be resubmitted for consideration for a period of six months, counting from the date of withdrawal to the date of renewed application. Unless withdrawn at the hearing, the withdrawal must be in writing, signed and dated by the applicant.

(f)

Campaign contribution disclosures. Applicants and opponents to rezoning actions that change the zoning district on a parcel are requested to consult the Conflict of Interest in Zoning Act, O.C.G.A. § 36-67A-1, which requires disclosure of campaign contributions, made within two years of the rezoning application, and aggregating $250.00 or more, to any unified zoning board member or city elected official. Such disclosures should be filed at least five calendar days prior to the unified zoning board's hearing on forms available at the zoning office. Violation of this Act shall not affect the validity of the rezoning, but such action may be a misdemeanor under O.C.G.A. § 36-67A-4.

(Min. of 11-10-2016, § 15.1)

(a)

Applications. Each application required by this article, including, without limitation, to amend this chapter or the official zoning map, shall be filed with the community development director. The following requirements for information are mandatory, unless the requirement is deleted by the community development director: the community development director may require additional information to evaluate the application, the suitability of the proposed use, and other aspects of any proposed development, and any such information shall be provided. Such information is not required for city-initiated applications.

(b)

Procedure. Zoning numbers will be issued to applicants, in order of request, starting on the first day applications are accepted. A schedule may be obtained from the zoning office. All applications must be complete and submitted by the end of the business day on the date the zoning number is issued. Incomplete applications will not be accepted, except with permission of the community development director. Furthermore, applicants not filing a complete application on the date the zoning number is issued will forfeit their assigned number and will have to request a new number no sooner than the next available date to accept applications, once their application is complete and ready for submission.

(c)

Text amendment applications. Text amendment applications shall include the following minimum information, unless the requirements listed below are waived by the community development director. Additional information may also be requested by the community development director:

(1)

Name and current address of the applicant;

(2)

Current provisions of the text to be affected by the amendment;

(3)

Proposed wording of text change; and

(4)

Reason for the amendment request.

(d)

Zoning map amendment. Official zoning map amendment applications shall include the following minimum information, unless the requirements listed below are waived by the community development director. Additional information may also be requested by the community development director:

(1)

A tax parcel card from the county tax assessor identifying the parcel to be rezoned, or the parent parcel of the parcel to be rezoned, if a split or subdivision is occurring;

(2)

One copy of a plat, drawn to scale, showing north arrow, land lot and district, the dimensions, acreage and location of the tract prepared by an architect, engineer, landscape architect or land surveyor whose state registration is current and valid. The preparer's seal shall be affixed to the plat. For subdivision or nonresidential developments, an additional electronic copy of the plat shall be submitted by the applicant, owner or developer to the engineering department;

(3)

The present and proposed zoning district for the tract;

(4)

Existing and intermediate regional floodplain and structures, as shown on the applicable Federal Emergency Management Agency FIRM rate maps;

(5)

The names and addresses of the owners of the land and their agents, if any;

(6)

The names and addresses of all adjoining property owners. In determining the adjoining property owners, streams and road, street or railroad rights-of-way shall be disregarded;

(7)

No application for the rezoning of any property for a residential subdivision shall be accepted for filing unless the application is accompanied by a letter from the local government that will supply water to the property stating that public water is available to the property;

(8)

On any rezoning of three or more acres to be subdivided into a residential subdivision, a soil survey prepared by a soil scientist, registered in the state, shall be submitted to the health department prior to application submittal to the zoning department, unless the property is served by sewer, unless all lots in the subdivision are three acres or larger in size, or unless the requirement is administratively varied by the community development director; and

(9)

Such other and additional information as may be requested by the community development director.

(e)

Application schedule. Applications shall be submitted according to the schedule set by the community development director and adopted by the unified zoning board. Application fees for an application to amend this chapter or the official zoning map shall be established by the mayor and city council and made available by the community development director. A fee shall not be charged for applications initiated by the zoning staff, mayor and city council, or the unified zoning board.

(f)

Proposed conditions. With respect to amendments to the official zoning map, an applicant may file site plans, renderings, construction specifications, written development restrictions and other conditions which the applicant proposes as binding conditions upon the development and use of the property involved in the application.

(Min. of 11-10-2016, § 15.2)

(a)

Legal notice. Due notice of the public hearings pursuant to this article shall be published in the newspaper of general circulation within the city. Notice advertising the application and indicating date, time, place and purpose of the public hearings shall be published at least 15 days prior to the date of the scheduled hearing of the mayor and city council but not more than 45 days prior to the date of the first scheduled hearing conducted by the mayor and city council. If the application is for amendment to the official zoning map, then the notice shall also include the location of the property, the present zoning district of the property, and the proposed zoning district of the property. The cost of the advertisement shall be borne by the applicant.

(b)

Signs posted. The community development director shall post, at least 15 days prior to the unified zoning board's public hearing, in a conspicuous place in the public right-of-way fronting the property or on the property for which an application has been submitted, a sign or signs containing information as to the application and date, time and place of the public hearing.

(c)

Letters to property owners. The community development director shall notify owners of property adjoining the property for which the amendment (other than a text amendment) is sought by mailing to each property owner a letter by first class mail, with proof of mailing obtained from the post office. Proof of mailing means either a first class certificate of mailing or a first class certified mail receipt; a proof of delivery is not required. Only owners reflected on the records of the tax assessors as of the date of the application shall be entitled to notice. In determining the adjoining property owners, road, street or railroad rights-of-way shall be disregarded. Said notice must be mailed at least 15 days prior to the date of said scheduled public hearing.

(d)

Exemptions. The provisions of subsections (b) and (c) of this section shall not apply if the application is initiated by the zoning department staff, the unified zoning board or the city council.

(Min. of 11-10-2016, § 15.3; Ord. No. 2020-0001, § 2, 3-12-2020)

(a)

Planning commission. The planning commission was established by a previous version of this article, and by the adoption of this article, it is hereby unified with the board of appeals to create the unified zoning board, as more particularly provided in article XIV of this chapter.

(b)

Public hearing. The unified zoning board shall hold a public hearing on each application for an amendment pursuant to this article in accordance with a schedule adopted by the board. As to each application, the unified zoning board shall make a recommendation for approval, approval with conditions, or denial. A tie vote on any motion shall equate to denial. The unified zoning board may grant the applicant's request to withdraw without prejudice at its hearing.

(c)

Tabling or remand. The unified zoning board may table an application if new information has been submitted, or to provide the applicant time to revise an application. At the hearing in which the tabling is granted, the unified zoning board shall specify the date of the next hearing, and this action shall constitute public notice of such hearing, and no additional notices shall be required prior to the hearings.

(d)

Report. A written report or summary of the unified zoning board's recommendation shall be prepared by the zoning staff and shall be a public record. The unified zoning board's action may recommend amendments or conditions to the applicant's request which would reduce the land area for which the application is made, change the district requested, and recommend conditions of rezoning which may be deemed advisable so that the purpose of this chapter will, if applicable, be served, and health, public safety and general welfare secured.

(Min. of 11-10-2016, § 15.4)

(a)

Sign up. All persons who wish to address the unified zoning board at a hearing on the proposed amendment under consideration by the unified zoning board shall first sign up on a form to be provided by the city prior to the commencement of the hearing.

(b)

Matter presented; out of order applications. The chairperson of the unified zoning board will read the proposed amendments under consideration in the order determined by the community development director. The community development director, or his designee, shall then present the amendment, along with the pertinent departmental reviews, if any, prior to receiving public input on the proposed amendment. If an application is not complete, or all requirements of this article have not been complied with, the application is out of order and may be taken off the agenda. It shall be postponed until the next meeting of the unified zoning board. If the application has already been advertised and persons wishing to speak have appeared for the hearing, the board may choose to hear from them, but an additional hearing shall be required. If the application is still incomplete or out of order at the next meeting, it shall be deemed withdrawn. The applicant shall have to wait six months to reapply.

(c)

Speakers. The chairperson of the unified zoning board will then call each person who has signed up to speak on the amendment in the order in which the persons have signed up to speak, except the applicant who will always speak first. Prior to speaking, the speaker will identify himself and state his current address. Only those persons who signed up to speak prior to the commencement of the hearing shall be entitled to speak, unless a majority of the board, in its discretion, allows the person to speak to the amendment, notwithstanding the failure of the person to sign up prior to the hearing.

(d)

Time limits. The applicant or appellant and those in favor of the application shall have at least ten minutes to speak, total. Those opposed to the application or appeal shall have at least ten minutes to speak, total. The board may extend these times upon majority vote. Each individual speaker shall have no more than three minutes to speak, except the applicant, who can take as much of the ten minutes as is desired. The applicant may reserve time for rebuttal. Upon vote of a majority of the board, either side may be granted additional time in any amount the board desires, but in such event, the other side shall be granted the same additional time.

(e)

Decorum and order. Each speaker shall speak only to the merits of the proposed amendment under consideration and shall address his remarks only to the members of the unified zoning board. Each speaker shall refrain from personal attacks on any other speaker or the discussion of facts or opinions irrelevant to the proposed amendment under consideration. The chairperson may limit or refuse a speaker the right to continue if the speaker, after first being cautioned, continues to violate this subsection. Nothing contained herein shall be construed as prohibiting the chair from conducting the hearing in an orderly and decorous manner to ensure that the public hearing on a proposed amendment is conducted in a fair and orderly manner.

(f)

These procedures shall be available in writing at each hearing.

(Min. of 11-10-2016, § 15.5; Ord. No. 2018-0001, § 3, 4-12-2018; Ord. No. 2022-0006, § IV, 10-20-2022)

(a)

Public hearing. Before taking action on a proposed amendment and after receipt of the unified zoning board's recommendations, the mayor and city council shall hold a public hearing on the proposed amendment made pursuant to this article, which shall be advertised as stated in section 47-361 and conducted pursuant to section 47-365.

(b)

Powers of the mayor and city council. At the public hearing, the mayor and city council shall review the analysis submitted by the initiating party and the recommendation prepared by the unified zoning board. So that the purpose of this chapter will be served, health, public safety and general welfare secured, the mayor and city council may approve or deny the application, reduce the land area for which the application is made, change the district or land use category requested, or add or delete conditions of the application. The mayor and city council shall have the power to impose a different zoning classification from the classification requested, and impose any zoning conditions which ameliorate the impact of the zoning, or serve other lawful purposes of this chapter. The submission of an application for a rezoning shall be deemed notice of this power and consent to any such action. The mayor and city council may also remand the application, if it has been changed or for any reason, to the unified zoning board for further review and recommendation.

(c)

Tabling application. The mayor and city council shall have the power to table incomplete applications or to seek more time for further information to be submitted. The action by the mayor and city council to table the application shall include a statement of the date and time of the next meeting at which the application will be considered, which statement shall constitute public notice of the hearing on the application, and no further notice, such as that required by section 47-361, is required. The application can be tabled for up to three months at a time to obtain necessary information or for other reasons of the mayor and city council. The application can be tabled more than once if necessary, extending the duration the application remains on the table.

(Min. of 11-10-2016, § 15.6)

(a)

Sign up. All persons who wish to address the mayor and city council at a hearing concerning a proposed zoning decision under consideration by the mayor and city council shall first sign up on a form to be provided by the city prior to the commencement of the hearing.

(b)

Matter presented. Proposed zoning decisions shall be called in the order determined by the community development director. The community development director or his designee will read the proposed zoning decision under consideration and summarize the departmental reviews pertaining thereto prior to receiving public input on said proposed zoning decision. If an application is not complete, or all requirements of this article have not been complied with, the application is out of order and will not be called at that meeting. It shall be tabled for one month. If the application is still incomplete or out of order at the next meeting, it shall be deemed withdrawn. The applicant shall have to wait six months to reapply.

(c)

Speakers. The mayor shall call each person who has signed up to speak on the zoning decision in the order in which the persons have signed up to speak, except the applicant who will always speak first. Prior to speaking, the speaker will identify himself and state his current address. Only those persons who signed up to speak prior to the commencement of the hearing shall be entitled to speak, unless the mayor and city council, in their discretion, allow the person to speak to the zoning decision, notwithstanding the failure of the person to sign up prior to the hearing.

(d)

Time limits. The applicant or appellant and those in favor of the application shall have at least ten minutes to speak, total. Those opposed to the application or appeal shall have at least ten minutes to speak, total. The mayor and city council may extend these times upon majority vote. Each individual speaker shall have no more than three minutes to speak, except the applicant, who can take as much of the ten minutes as is desired. The applicant may reserve time for rebuttal. Upon vote of a majority of the city council, either side may be granted additional time, but in such event, the other side shall be granted the same additional time.

(e)

Decorum and order. Each speaker shall speak only to the merits of the proposed zoning decision under consideration and shall address his remarks only to the mayor and city council. Each speaker shall refrain from personal attacks on any other speaker or the discussion of facts or opinions irrelevant to the proposed zoning decision under consideration. The mayor and city council may limit or refuse a speaker the right to continue if the speaker, after first being cautioned, continues to violate this subsection. Nothing contained herein shall be construed as prohibiting the mayor and city council from conducting the hearing in an orderly and decorous manner to ensure that the public hearing on a proposed zoning decision is conducted in a fair and orderly manner.

(f)

These procedures shall be available in writing at all hearings.

(Min. of 11-10-2016, § 15.7; Ord. No. 2018-0001, § 3, 4-12-2018; Ord. No. 2022-0006, § V, 10-20-2022)

Appeals of the grant or denial of a rezoning decision shall be taken within 30 days of the decision by filing an appeal in the county superior court in the manner provided by law.

(Min. of 11-10-2016, § 15.8; Ord. No. 2021-0004, § 1B, 7-15-2021)

The following standards governing the exercise of the zoning power are adopted in accordance with O.C.G.A. § 36-66-5(b):

(1)

The existing land uses and zoning classification of nearby property;

(2)

The suitability of the subject property for the zoned purposes;

(3)

The extent to which the property values of the subject property are diminished by the particular zoning restrictions;

(4)

The extent to which the diminution of property values of the subject property promotes the health, safety, morals or general welfare of the public;

(5)

The relative gain to the public, as compared to the hardship imposed upon the individual property owner;

(6)

Whether the subject property has a reasonable economic use as currently zoned;

(7)

The length of time the property has been vacant as zoned considered in the context of land development in the area in the vicinity of the property;

(8)

Whether the proposed zoning will be a use that is suitable in view of the use and development of adjacent and nearby property;

(9)

Whether the proposed zoning will adversely affect the existing use or usability of adjacent or nearby property;

(10)

Whether the zoning proposal is in conformity with the policies and intent of the land use plan;

(11)

Whether the zoning proposal will result in a use which will or could cause an excessive or burdensome use of existing streets, transportation facilities, utilities, or schools; and

(12)

Whether there are other existing or changing conditions affecting the use and development of the property which give supporting grounds for either approval or disapproval of the zoning proposal.

(Min. of 11-10-2016, § 15.9)