A.

This article, including the Official Zoning Map, may be amended by the City Council on its own motion, or on recommendation of the Planning Commission, but no amendment shall become effective unless it shall have been proposed by or been submitted to the Planning Commission for review and recommendation; provided, however, that after any such amendment has been submitted to and reviewed by the Planning Commission and its recommendation made thereon, the City Council shall have the right to modify such amendment or place conditions thereon, and it shall not be necessary to resubmit such amendment, as modified or conditioned, to the Planning Commission. Before enacting an amendment to this article, the City Council shall give public notice and hold a public hearing thereon.

B.

Application to amend this article may be in the form of proposals to amend the text or Official Zoning Map. Unless initiated by the City Council or Planning Commission, all applications for map amendments must be submitted by the owner (as determined by controlling at least a 51% interest in the property) or the authorized agent of such property. An application for an amendment affecting the same property shall not be submitted more than once every twelve (12) months; however, this provision shall not apply to those properties affected by an amendment filed by the City Council or Planning Commission.

A.

Each application to amend the Official Zoning Map shall be filed with the Administrator at least 31 days prior to the Planning Commission hearing at which they may be heard. Each application shall include such information as the Administrator may require including, but not limited to:

1)

A legal description of the tract(s) proposed to be rezoned;

2)

A plat showing the dimensions, acreage and location of the tract(s) prepared by an architect, engineer, landscape architect or land surveyor whose state registration is current and valid (his seal shall be affixed to the plat);

3)

The present and proposed zoning classification for the tract(s);

4)

The name(s) and address(es) of the owners of the land and their agents, if any;

5)

The name(s) and address(es) of abutting properties, including properties across public right-of-way;

6)

A copy of the recorded warranty deed (or other instrument of title) which vested title to the property in the applicant;

7)

A copy of the paid in full tax bill or a letter from the Cherokee County Tax Department stating that all taxes have been paid;

8)

A site plan showing any and all proposed improvements to be constructed if the application is approved; and

9)

An application referred by the Administrator from the Board of Zoning Appeals is subject to the requirements of this division and shall include such information as the Administrator may require.

B.

This application shall be accompanied by a fee to partially defray the public expense of processing the application. A fee shall not be charged if an official governmental agency files the application or if the rezoning is a result of O.C.G.A. § 36-66-1 et seq., which requires all annexed properties to have a zoning hearing, provided said hearing designates a zoning classification which is the most equivalent to the existing county zoning.

C.

No submitted application may be amended after public notice of the request has been given provided, however, the Planning Commission and/or City Council may allow such application to be amended during the public hearing.

D.

The applicant or agent shall be present at the hearings before the Planning Commission and City Council with regard to said application. In the event that an agent is present, rather than the applicant, such agent must have full authority to act on behalf of the applicant with regard to all matters pertaining to said application.

E.

The applicant shall be allowed to submit renderings, site plans and other exhibits purporting to depict what is to be constructed should a map amendment be approved; however, the applicant may be required to develop according to such plans if approved by the City Council. Any deviation from such approved plans would require another rezoning application be filed. The City Council may also require or attach to any rezoning such conditions regarding the location, character and other features of the proposed building, structure or use as it may deem advisable so as to improve the quality of life through the protection against air, water and noise pollution and promotion of aesthetic considerations.

F.

An application may not be withdrawn by the applicant within 48 hours prior to a hearing on the matter, however, the City Council may, by a majority of the members present, allow an application to be withdrawn without prejudice with respect to the 12 month limitation, or allow an application to be amended. Failure of the applicant or their representative to appear at the scheduled hearing may result in automatic dismissal with prejudice, rejection of the application or continuance of the hearing at the sole discretion of the Planning Commission or City Council.

(Ord. of 4-8-2021(2))

The Administrator upon receiving an application for amendment to the Official Zoning Map shall prepare and transmit a report to the Planning Commission and City Council determining:

•

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

•

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

•

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

•

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

•

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

•

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

A.

The Planning Commission shall conduct a public hearing on each rezoning application in accordance with their adopted schedule and procedures. The staff report on each application shall be considered and testimony solicited from the applicant and those interested citizens. The Planning Commission shall review the following factors in making a determination on the application:

1)

Existing uses and zoning classifications of nearby property;

2)

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

3)

The extent to which the destruction of property values of the plaintiffs 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 suitability of the subject property for the zoned purposes;

6)

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;

7)

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

8)

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

9)

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

10)

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;

11)

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.

B.

As to each application, the Planning Commission shall make a recommendation for approval, approval with modifications, denial, or approval to another zoning district or tabling of the request. A copy of the Planning Commission's recommendations shall be prepared and submitted to the City Council. If the Planning Commission fails to recommend action on the application within 45 days of the public hearing and the applicant does not agree in writing to a waiver of this time limit, the applicant may take it to the City Council without a Planning Commission recommendation.

C.

The Planning Commission shall adopt such rules and regulations for the conduct of hearings and meetings as are consistent with state law and the City code and are appropriate to its responsibilities which shall be published and available to the public, as well as conflict of interest rules, to ensure that no member is entitled to rule on a matter in which he has an direct or indirect interest.

A.

The City Council shall hold a hearing on all requests to amend this article and the Official Zoning Map contained therein. Prior to such hearing the City Council shall review the staff report and recommendation from the Planning Commission.

B.

So that the purpose of this article will be served and the health, public safety and general welfare secured, the City Council may approve, approve with stipulations (which may be site-specific), deny, reduce the land area for which the application is made, change the zoning classification requested, table until the next meeting or allow an application to be withdrawn (with or without prejudice at the discretion of the Council).

C.

The decision by City Council to approve in whole or part, reject, condition or delete an application for rezoning shall be based on, but not limited to, a consideration of the following:

1)

Existing uses and zoning classifications of nearby property;

2)

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

3)

The extent to which the destruction of property values of the plaintiffs 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 suitability of the subject property for the zoned purposes;

6)

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;

7)

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

8)

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

9)

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

10)

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;

11)

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.

D.

In acting on such application, the City Council shall have the authority to grant the applicant variances from the regulations and provisions of this article in accordance with the standards set forth in Section 109.3.

If at the time of 12 months from the date of rezoning of property the owner has not obtained a building permit, and presented the necessary development plans as determined by the Administrator on at least a portion of said property, the Administrator may propose a map amendment to rezone the property back to the previous zoning district classification. The owner of the property will be notified of the reversionary action to take place and afforded an opportunity to appear before the Planning Commission and City Council to show cause why the reversionary action should not be taken.

A.

Due notice of all public hearings on an application for text or map amendment shall be published at least 15 but no more than 45 days prior to the public hearing in the newspaper denoted as the legal organ of the City and shall include the date, time and place of said public hearings.

B.

At least 15 days prior to the Planning Commission public hearing, the applicant shall post on a conspicuous place on the property for which an application has been submitted, an official sign or signs containing information as to the application and date, time and place of public hearings as specified by the Administrator.

C.

The Administrator shall notify by regular mail all abutting Cherokee County property owners as shown by the most recent City tax records at the addresses shown on said records. Such notification shall be mailed at least seven (7) days prior to the public hearings and must include the proposed zoning change, as well as the date, time and place of the scheduled public hearings.

D.

If an application for map amendment is postponed at the request of the applicant, due notice of the new public hearings on the application must be republished and reposted as per the requirements above. The costs of said advertisements shall be the responsibility of the applicant.

A.

The Administrator, upon receiving a request for annexation, shall determine whether such application complies with legal and procedural requirements. If it does not comply with requirements, the City shall notify in writing the persons presenting the application, stating wherein the application is deficient. If it is determined that the application does comply with this article, the City shall proceed to act on the application in accordance with O.C.G.A. § 36-36-36.

B.

Within seven days of accepting an application for annexation, the Administrator shall give written notice to Cherokee County by certified mail and include a map or other description of the site proposed to be annexed sufficient to identify the area.

C.

The City shall hold separate public hearings on the proposed annexation and zoning of the property, not less than 15 days nor more than 45 days from the time a determination is made that the petition is valid. Notice of the time and place of the hearing shall be given in writing to the persons presenting the application and shall be advertised in the local newspaper once a week for two consecutive weeks immediately preceding the hearing. If, after the public hearing, the governing body determines that the annexation would be in the best interests of the area's residents and property owners and of the citizens of the City, an annexing ordinance shall be adopted within 60 days following validation of the signature of the applicants.

D.

All annexation proposals shall be zoned similar to the previous zoning district designation by Cherokee County.

Annexation into the corporate limits of the City by action of the Georgia State Legislature will conform to the requirements of section 110.08 above, except that the City Council will not pass the ordinance zoning the annexed tract until after action by the legislature.