The Governing Body may, from time to time, amend the number, shape, boundary or area of any zoning district, or may amend any regulation pertaining to any district; or may amend any Article or Section of the Zoning Ordinance. The procedure for adopting a new zoning ordinance and for amending the Zoning Ordinance and zoning map shall be as provided in this ordinance.

A petition to amend the text of these zoning regulations or the official zoning map may be initiated by the Governing Body, the Planning Commission, if established, or any person, firm, corporation or agency that owns property involved in a petition for amendment, subject to the provisions established herein.

The Governing Body or the Planning Commission, if established, may at any time file, in its own name, an application for amendment to the text of the zoning regulations or the official zoning map, except that if a zoning decision of the Governing Body is for the rezoning of property and the amendment to the zoning ordinance and map to accomplish the rezoning is defeated by the Governing Body, then the same property may not again be considered for rezoning until the expiration of at least twelve (12) months immediately following the defeat of the rezoning by the Governing Body.

A property owner or subsequent property owner shall not initiate action for a map amendment, conditional use permit, special use permit, or variance affecting the same or any portion of property more often than once every twelve (12) months from the date of any previous decision rendered by the Governing Body.

A property owner or subsequent property owner shall not initiate action for a text amendment affecting the same or any portion of property more often than once every twelve (12) months from the date of any previous decision rendered by the Governing Body.

This section shall not be construed as to limit new applications involving the same property for which the application was made, provided the new application contains substantive differences from the original application as determined by the Zoning Administrator.

Any petition for an amendment to the zoning ordinance text or official zoning map may be withdrawn, at the discretion of the person or agency initiating such a request, at any time prior to closing the required public hearing by the Governing Body upon notice to the Zoning Administrator. If the public hearing before the Governing Body has been completed, withdrawal by the applicant is not permitted. Any required application fees shall be refunded to the applicant only if such application has not been prepared and submitted for advertisement as determined by the Zoning Administrator. Any petition for a variance, special use permit, or conditional use permit may be withdrawn, at the discretion of the person or agency initiating such a request, at any time before the opening of the meeting of the Governing Body where said petition is scheduled to be considered. Application fees for variances, special use permits and conditional use permits will not be refunded unless withdrawal within five (5) business days is accepted by the Zoning Administrator and the Town has not incurred any costs.

Application materials specified in this section shall be required for the following petitions: amendments to the official zoning map, special use permits, conditional use permits, variances and appeals.

1.

An application form furnished by the Zoning Administrator; and

2.

A legal description of the property to be considered in the application. The legal description shall be by metes and bounds unless an alternative legal description (such as a tax plat map) is accepted by the Zoning Administrator. Boundary surveys of the property should be submitted with the application whenever available; and

3.

A letter of intent which describes general characteristics of the proposed developments such as type and time frame of development, background information in support of such application, and any other information deemed pertinent by the applicant. For variance applications, the letter of intent shall address the criteria specified in Section 2309 of this ordinance. For zoning map amendment applications, the letter of intent shall address the standards specified in Section 2307 of this ordinance, For conditional use permit applications, the letter of intent shall address the standards specified in Section 2308 of this ordinance. For special use permit applications, the letter of intent shall address the standards specified in Section 2310.6 of this ordinance.

4.

Applications for variances, special use permits, conditional use permits and map amendment for commercial or industrial zoning districts shall require a site plan with all information specified. Unless otherwise noted in the approval, the site plan submitted in support of an approved application shall be considered a part of the approval and must be followed.

5.

A site plan meeting the requirements outlined in Section 2306.

6.

A fee for said application as established by the Governing Body from time to time.

7.

Applications which require action by the Governing Body shall also require disclosure of any conflicts as specified by Georgia law.

Applicants shall submit seven (7) copies of any required site plans and letters of intent to the Zoning Administrator for distribution to the applicable bodies and/or review agencies. The Zoning Administrator may require more or less copies depending on the nature and extent of required review.

All site plans required by this ordinance shall, at a minimum, contain the following information:

1.

Title of the proposed development and the name, address and telephone number of the property owner.

2.

The name, address and telephone number of the architect, engineer or other designer of the proposed development.

3.

Scale, date, north arrow, and general location map showing relationship of the site to streets or natural landmarks.

4.

Boundaries of the subject property, all existing and proposed streets, including right-of-way and street pavement widths; buildings; water courses; parking and loading areas; and other physical characteristics of the property and proposed development.

5.

Identification of ownership of adjacent property.

6.

The location of all setbacks, buffers, greenspace or open space.

7.

The location of all existing and proposed utilities.

8.

If applicable, all information required by the Subdivision and Land Development Regulations of the Town of Alto.

The applicant, Zoning Administrator, Planning Commission, if established, and Governing Body should review an application for zoning map amendment with regard to the following criteria:

1.

The existing uses and zoning of nearby property and whether the proposed zoning will adversely affect the existing use or usability of nearby property.

2.

The extent of which property values are diminished by the particular zoning restrictions.

3.

The extent to which the destruction of property values promotes the health, safety, morals or general welfare of the public.

4.

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

5.

The physical suitability of the subject property for development as presently zoned and under the proposed zoning district.

6.

The length of time the property has been vacant, considered in the context of land development in the area in the vicinity of the property, and whether there are existing or changed conditions affecting the use and development of the property which give supporting grounds for either approval or disapproval of the rezoning request.

7.

The zoning history of the subject property.

8.

The extent to which the proposed zoning will result in a use which will or could cause excessive or burdensome use of existing streets, transportation, facilities, utilities, schools, police protection, fire protection, public health facilities, emergency medical services, or other public facilities.

9.

Whether the zoning proposal is in conformity with the policy and intent of the comprehensive plan, future land use plan, or other adopted plans.

10.

Whether the zoning proposal will permit a use that is suitable in view of the use, development, and zoning of adjacent and nearby property.

11.

Whether the property to be affected by the zoning proposal has a reasonable economic use as currently zoned.

12.

Whether the change would create an isolated district unrelated to the surrounding districts, such as "spot zoning".

13.

Whether the present zoning district boundaries are illogically drawn in relation to existing conditions in the area.

14.

Whether the change requested is out of scale with the need of the Town as a whole or the immediate neighborhood.

15.

Whether it is impossible to find adequate sites for the proposed use in districts permitting such use and already appropriately zoned.

16.

Whether the need for rezoning could be handled instead by a variance request.

17.

Whether there would be an ecology or pollution impact resulting from major modifications to the land if the request is granted.

18.

Whether there is reasonable evidence based upon existing and anticipated land use that would indicate a mistake was made in the original zoning of the property.

The Zoning Administrator, Planning Commission, if established, and Governing Body may consider other factors deemed relevant before formulating recommendations and taking action on a particular request.

The applicant, Zoning Administrator, Planning Commission, if established, and Governing Body should review applications of conditional uses with regard to the following criteria:

1.

Off-street parking and loading facilities are adequate in terms of location, amount and design to serve the uses.

2.

The number, size and type of signs proposed are compatible with the surrounding area.

3.

The amount and location of open space and the provision of screening is such that buffering of incompatible uses is achieved.

4.

Ingress and egress to the property is suitable and safe, and the effect of the proposed activity on traffic flow along adjoining streets is not adverse.

5.

The location and intensity of outdoor lighting is such that it does not cast light on adjacent, adjoining or neighboring properties.

6.

Hours and manner of operation of the proposed use are not inconsistent with adjacent and nearby uses.

7.

Public facilities and utilities are capable of adequately serving the proposed use.

8.

The proposed use will not have a significant adverse effect on the level of property values or the general character of adjacent land uses or the general area.

9.

The physical conditions of the site, including size, shape, topography and drainage, are suitable for the proposed development.

10.

The proposed use is consistent with the goals and objectives of the Town's Comprehensive Plan and future land use map.

11.

The factors listed in Section 2307.

The Zoning Administrator, Planning Commission, if established, and Governing Body may consider other factors deemed relevant before formulating recommendations and taking action on a particular conditional use application.

The Governing Body is hereby empowered to authorize upon application in specific cases such variance from the dimensional requirements of zoning regulations (any provisions requiring a number to be achieved, such as height in feet, setback, lot area, lot width, parking and loading requirements, etc.) as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of these regulations will in an individual case, result in unnecessary hardship, so that the spirit of these regulations shall be observed, public safety and welfare secured, and substantial justice done. The existence of a non-conforming use of neighboring land, buildings or structures in the same zoning district or of permitted or non-conforming uses in other districts shall not constitute a reason for the requested variance. A variance may be granted in an individual case of unnecessary hardship, after appropriate application in accordance with Section 2305 of this ordinance, upon specific findings that all of the following conditions exist. The absence of any one (1) of the conditions shall be grounds for denial of the application for variance.

1.

There are extraordinary and exceptional conditions pertaining to the particular piece of property in question because of its size, shape or topography that are not applicable to other land or structures in the same district; and

2.

A literal interpretation of the provisions of these zoning regulations would create an unnecessary hardship and would deprive the applicant of rights commonly enjoyed by other property owners within the district in which the property is located; and

3.

Granting the variance requested will not confer upon the property of the applicant any special privileges that are denied to other properties of the district in which the applicant's property is located; and

4.

Relief, if granted, will be in harmony with the purpose and intent of these regulations and will not be injurious to the neighborhood or general welfare in such a manner as will interfere with or discourage the appropriate development and use of adjacent land and buildings or unreasonably affect their value; and

5.

The special circumstances are not the result of the actions of the applicant; and

6.

The variance request is the minimum variance that will make possible the legal use of the land, building, or structure; and

7.

The variance is not a request to permit a use of land, building or structures which are not permitted by right in the district involved.

8.

A variance shall not be granted in cases where the requested relief to the property owner can be remedied by a change to a zoning district which otherwise would not require a variance.

Special Use Permits may be authorized, as prescribed herein and as expressly permitted as a Special Use within a particular Zoning District, by the Mayor and Council after notice as provided herein and holding a Public Hearing in accordance with the policies and procedures outlined in Article XXIII. The Mayor and Council reserve the authority to deny any request or to impose conditions on a use as deemed appropriate to protect the general health, safety and welfare.

No tract or parcel of land shall be considered for a Special Use Permit that has an area, width or road frontage less than the minimum required area, width or road frontage for the Zoning District of the property.

a)

An application for a Special Use Permit shall be filed with the Zoning Administrator containing at a minimum the information required by this ordinance under Section 2310.5 of this Article, at least thirty (30) days in advance of the next regularly scheduled Public Hearing of the Town Council.

b)

Upon the filing of said application, the Zoning Administrator shall schedule Public Hearings upon said application for review and for final action by the Mayor and Council.

c)

The Zoning Administrator shall cause to be published, at least fifteen (15), but not more than forty-five (45) days, prior to the date of the Public Hearings, within a newspaper of general circulation within the territorial boundaries of the Town of Alto, a Public Notice of the Public Hearing.

d)

The Zoning Administrator shall place, or cause to be placed on the subject property, a Public Notice Sign in a conspicuous location not less than fifteen (15) days prior to the date of the Public Hearings.

e)

The Mayor and Council shall hold a Public Hearing, as duly advertised in accordance with the policies and procedures outlined in Article XXIII, to consider the application. The Mayor and Council shall consider the recommendations and findings of the Zoning Administrator, including specific conditions of approval, and any additional evidence that the applicant wishes to present at the Public Hearing. The Mayor and Council may adopt the Special Use Permit application as presented, adopt the Special Use Permit application with modification including conditions, deny the Special Use Permit application in whole or in part, or table the Special Use Permit application.

f)

The Mayor and Council may place any reasonable conditions or stipulations upon the proposed Special Use Permit as deemed necessary (such as hours of operation, parking, maximum building size, outside displays, etc.) to further ensure the orderly operation of the proposed use(s) and their compatibility with the surrounding properties.

g)

The decision rendered by the Mayor and Council regarding the proposed Special Use Permit shall be deemed to be the final action on the application.

h)

No amendment, supplement, change or repeal of the final action by the Mayor and Council shall become effective unless said amendment, supplement, change or repeal is approved after a Public Hearing.

a)

The Published Notice shall contain the time, date, place and purpose of the Public Hearing.

b)

The Published Public Notice shall also contain the location, the present Zoning District designation, and the Special Use proposed for the subject property.

The Public Notice Sign required to be placed on the subject property by this ordinance shall contain the same information stated in Section 2310.3 of this Article. Said sign shall be at least six (6) square feet in area.

All applications for a Special Use Permit shall be filed with the Zoning Administrator and shall be accomplished by, at a minimum, the following items:

a)

An application form as available from the Zoning Administrator, complete in all respects.

b)

An application fee as required by the Mayor and Council.

c)

A legal description of the subject property and/or a deed to the subject property, showing the current owner. The deed must indicate the stamp of the Clerk of Superior court of Banks and/or Habersham Counties, showing the time and date of recording of the instrument. If a deed is submitted, it must be legible and show the complete description of the property to be considered for rezoning.

d)

A site plan drawn to scale, showing the location of the proposed use(s) or structure(s) and their relationship to existing adjacent uses or structures, the area and dimensions of the site, proposed screening and landscaping, height of building(s), setbacks, access, location and number of parking and loading spaces, location of all existing or proposed utilities, whether public or private, and any pertinent information that the Mayor and Council may require.

e)

A Letter of Intent, which is a narrative statement from the applicant describing the proposed use of the property if zoned.

f)

A response to the Review Standards, as set forth in this ordinance under Section 2310.6 of this Article.

g)

Other exhibits, as may be required by specific Sections of this ordinance.

The Mayor and Council and the Planning Commission, if established, find that the following Review Standards are relevant in balancing the interest in promoting the public health, safety, morals, convenience, order and general welfare against the right o unrestricted use of property and shall govern the exercise of the power to adopt a Special Use Permit:

a)

The existing land use and zoning classification of nearby property;

b)

The suitability of the special property for the zoned purposes;

c)

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

d)

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

e)

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

f)

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

g)

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

h)

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

i)

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

j)

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;

k)

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;

l)

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 proposed zoning proposal.

m)

The Governing Body, or the Planning Commission, if established may also consider the factors/standards of Section 2307 and other relevant standards.

Any applicant or property wishing to withdraw a Special Use Permit application prior to final action by the Mayor and Council must file a written request with the Zoning Administrator and which must be received by the Town prior to the opening of the meeting of the Governing Body where said petition is scheduled to be considered.

a)

If the request for withdrawal is received prior to the publication of notice for the public hearing, the Zoning Administrator shall withdraw the application administratively without restriction on the re-filing of a proposed rezoning on the property in the future. The Town shall retain all fees paid with the application.

If an application for a Special Use Permit is denied by the Mayor and Council, no application or reapplication for a Special Use Permit may be considered on the same property by the Mayor and Council until the expiration of at least twelve (12) months immediately following the denial action of the application by the Mayor and Council has occurred.

Once established, a Special Use Permit shall be in continuous operation. A special Use Permit shall expire under the following circumstances:

a)

If operations or construction has not commenced within twelve (12) months of the date of approval by the Mayor and Council.

b)

If operations have ceased for a period of twelve (12) months.

The Governing Body is empowered to hear and decide appeals where it is alleged there is error in any order, requirement, decision, or determination made by the Zoning Administrator in the interpretation or enforcement of these zoning regulations.

The Governing Body is empowered to hear an appeal made by any person, firm, or corporation, or by any officer, department, board, or bureau affected by any decisions of the Planning Commission, if established, or Zoning Administrator based on the zoning ordinance.

This section shall not be construed as permitting an appeal of the Governing Body's denial (including when the Governing Body is acting as the Zoning Administrator) of a rezoning request, variance, special use permit, administrative interpretation, or conditional use, the appropriate remedy of which would be suit in county Superior Court following the certiorari appeal procedure as to discretionary appeals to the Superior Court.

Any claim or challenge to the provisions of the zoning regulations of Alto, the Governing Body's denial of a rezoning request, special use permit, conditional use, an administrative interpretation, an amendment to the official zoning map, or variances, or any combination thereof, which is based upon a constitutional basis, including but not limited to due process claims and equal protection claims, must be raised before the Governing Body, in order not to be deemed waived by the claimant. In this manner, the Governing Body shall have a full and complete opportunity to review and correct such claims.

Such appeal shall be taken within thirty (30) days, or as provided by the rules of this ordinance, by filing with the Zoning Administrator notice of appeal specifying the grounds thereof. All papers constituting the record upon which the action appealed from was taken shall forthwith be transmitted to the Governing Body.

All decisions of the Governing Body a/k/a The Town Council shall be the final decision by the Town of Alto. Any party aggrieved by a final judgment or decision of the Town Council may within 30 days thereafter appeal therefrom to the Superior Court for a writ of certiorari in accordance with O.C.G.A. § 5-4-1, et sq.

The Governing Body shall select a reasonable time and place for the hearing of the appeal and give at least fifteen (15) days of public notice thereof and due notice to the parties in interest and shall render a decision on the appeal within a reasonable time.

In exercising the powers to grant variances, zoning map amendments, special use permits and conditional use approvals, the Zoning Administrator and Planning Commission, if established, may recommend, and the Governing Body may attach any conditions to its approval which it finds necessary to render the proposed zoning district, conditional use, special use permit or variance compatible with adjacent and nearby properties and land uses. Applications to alter or modify any such conditions shall be considered only after compliance with procedures and notice requirements as established in this ordinance, for the particular type of application.

This section shall apply only to adoption of a new zoning ordinance, applications for amendments to the text of the zoning regulations, conditional use permits, special use permits, and amendments to the official zoning map. Public notice and public hearing shall not be required for applications for variances.

Upon receipt of a completed application, fees and other information required by this Ordinance, the Zoning Administrator shall cause notice of such application to be published at least one (1) time in a newspaper of general circulation in the community at least fifteen (15) days but not more than forty-five (45) days prior to the date of public hearing before the Governing Body. Said published notice shall include, as a medium, the purpose, location, date and time of the public hearing before the Governing Body, the location of the property, the proposed zoning district. The Zoning Administrator shall also cause to have posted in a conspicuous place on said property one (1) or more sign(s) each of which shall contain the information specified for published notices. The public hearing before the Governing Body shall not take place until said sign(s) have been posted for at least fifteen (15) days but not more than forty-five (45) days prior to the date of the public hearing before the Governing Body. Posting of sign(s) shall not be required for appeals of administrative interpretation, since an appeal only applies to interpretation of zoning regulations which apply to all similarly situated properties.

The Planning Commission, if established, shall not be required to hold a public hearing on any matter, although at its direction it may hold a public hearing during the regular meeting at which said application is to be considered.

Public hearings may be delayed, rescheduled or continued at another time and date, provided announcement is given at the time and place of the initially scheduled and advertised public hearing, and provided such date, time, and location of the public hearing to be delayed, rescheduled or continued is announced. In cases where the Planning Commission has exercised its option to table an application the advertised public hearing before the Governing Body shall nevertheless be held at the time and date the hearing was advertised.

Upon receipt of completed applications for amendment to the official zoning map, the Zoning Administrator may provide written notice of the application, including all information for published notices specified in Section 2312 of this Ordinance, by certified mail at least fifteen (15) days but not more than forty-five (45) days prior to the date of public hearing before the Governing Body, to all property owners with land adjoining the subject property, including those across public right-of-ways. Said written notices may be mailed to the address of the current property owner of adjoining lands as indicated on the current tax rolls of the Town of Alto. Copies of said written notice and postage receipts in the official zoning application file may be considered sufficient evidence that the Town has satisfied this notification. The failure to receive the written notice by a property owner shall not be considered a violation of due process notification requirements.

The Zoning Administrator may, at his discretion, provide written notices to property owners of adjoining property which is the subject of a conditional use, special use permit or a variance application, where in the Zoning Administrator's opinion adjoining property owners may be affected by the such requests. Written notices to adjoining property owners in such applications shall not be considered a mandated due process requirement.

The Zoning Administrator may, as appropriate, customarily submit to the Planning Commission, if established, and/or the Governing Body, prior to a scheduled meeting or public hearing, copies of the site plan and letter of intent along with a written recommendation for approval, disapproval, deferral, withdrawal or other recommendation. Said recommendation shall include adequate justification, considered within the context of the appropriate criteria as specified by this ordinance. The recommendation of the Zoning Administrator shall have an advisory effect only and shall not be binding on the Governing Body. Copies of the Zoning Administrator's recommendations shall be made available to the application and other interested parties upon completion and distribution to the Planning Commission and Governing Body. If the Governing Body or the Mayor serves as the Zoning Administrator, no written recommendation need be made.

The Governing Body, in its discretion, may establish a Planning Commission composed of five (5) or seven (7) citizens of Alto to review amendments to the zoning regulations; amendments to the official zoning map; special use permits; conditional use applications and variances. If the Planning Commission is not established by the Governing Body, amendments to the zoning regulations, amendments to the official zoning map, conditional use applications and variances may be determined by the Governing Body without a review and recommendation of the Planning Commission. Further, to the extent that this Ordinance allows binding actions by the Planning Commission without approval of the Governing Body, the Governing Body shall perform such actions if the Planning Commission is not established. If the Planning Commission is established, the provisions of this section shall be followed.

Prior to the meeting or public hearing held by the Governing Body, the Planning Commission shall hold a meeting to consider any zoning ordinance and all applications for amendment to the text of the zoning regulations, amendments to the official zoning map, special use permits, conditional use applications and variances.

After completing its studies of the particular petition, the Planning Commission shall submit a recommended action in writing to the Governing Body. The Planning Commission may submit any additional report if it deems appropriate. The recommendations of the Planning Commission shall have an advisory effect only and shall not be binding on the Governing Body. Copies of the Planning Commission's recommendation and reports shall be made available to the applicant and other interested parties upon completion and distribution to the Governing Body and at the meeting or public hearing before the Governing Body.

The Planning Commission, if established, shall have thirty (30) days within which to submit its recommendations. The Governing Body shall hold the advertised public hearing but shall not take action on any of said applications, until it has received the recommendation of the Planning Commission, if established, within the specified time period. If the Planning Commission, if established, fails to submit a recommendation within the thirty (30) day period, it shall be deemed to have approved the proposed application.

All public hearings regarding applications considered by the Governing Body, and by the Planning Commission, if established, and if it elects to hold a public hearing, shall be held in accordance with any procedures adopted by said body and, in addition, shall be governed by the following procedures:

1.

The presiding officer shall open the hearing by stating the specific application begins considered at the public hearing. At this time, the presiding officer may summarize the public hearing procedures.

2.

The Zoning Administrator or other agent of the Town may present a description of the proposed application, any applicable background material, his/her recommendation, if any, regarding action on said application as appropriate, and the recommendations and reports of the Planning Commission, if any, as appropriate.

3.

Persons who support the application will be asked to comment first. The petitioner may, upon recognition and upon statement of name and address, present and explain his application. The petitioner, or his designated agent, is expected to attend the public hearing unless written notice of hardship is received prior to such meeting. A time limitation may be imposed at the discretion of the presiding officer but the limitation cannot be less than allowed by state law.

4.

Persons who oppose the application or who have questions about the subject application will be asked to comment next. All interested parties after being recognized shall be afforded an opportunity to address the proposed application by standing before the appropriate body and identifying their name, address and interest along with any comments on the proposed application. A time limitation may be imposed at the discretion of the presiding officer but the limitation cannot be less than allowed by state law.

5.

The petitioner shall have an opportunity to answer any questions raised by the public, for summary remarks and rebuttal concerning the proposed application.

6.

Upon the completion of any comments from interested parties and the petitioner, the public hearing shall be completed and adjourned.

7.

All public comments having been heard, the members of the body considering the application may discuss the request among themselves. During this discussion period, the members of the body may call on the petitioner or other interested parties to clarify points made previously or to answer questions. Said petitioner or interested parties may respond upon recognition. Additional questions for the general public may not be asked once the public hearing has been closed. Once the public hearing is closed and a vote or other action is being considered, unrecognized responses from the petitioner or other participant shall be ruled out of order by the presiding officer.

After the public hearing has been completed, the Governing Body may take action to approve or deny the request, refer the application back to the Zoning Administrator or Planning Commission for further study, or the Governing Body may table or defer action until a later meeting. In voting on a petition, the Governing Body shall follow applicable bylaws for such body, or in lieu of adopted bylaws, shall generally follow "Robert's Rules of Order."

Except for petitions involving annexation and simultaneous zoning, a petitioner may submit, and the Planning Commission and Governing Body may simultaneously consider, multiple applications involving the same property, such as a rezoning request, special use permit, conditional use, and variances, provided that specified filing fees shall be paid for each individual application. The proper order of consideration of multiple applications involving the same property shall be the rezoning request first, conditional use second, special use permit third and variance(s) fourth.

Petitions for annexation into the Town limits of Alto are subject to the requirements for annexation under Georgia law, as it now or hereafter exists.

In addition to these requirements for annexation, the petitioners seeking annexation shall also simultaneously submit an application for proposed zoning district or districts for the property or properties in question. Said zoning map applications must meet all application, site plan, public hearing and notice, fee submittal and other requirements specified in this ordinance unless waived by the Zoning Administrator or Governing Body. The Planning Commission, if established, shall review and provide a recommendation on all annexation requests. The public hearing for annexation if required by state law, and the required public hearing for rezoning action required by this ordinance may be combined at the discretion of the Governing Body. Simultaneous applications for conditional uses, special use permits, and or variances shall not be considered along with an annexation petition.

The Zoning Administrator, or other agent in the Town, shall ensure that copies of this ordinance are printed and available for review by the general public.

SUMMARY MATRIX OF PETITION
REQUIREMENTS AND PROCEDURES