(a)

This chapter, including the zoning map of the city, may be amended from time to time by the mayor and city council, but no amendment shall become effective unless it shall have been proposed by or shall have first been submitted to the planning commission for review and recommendation.

(b)

The planning commission may, but is not required to, hold a public hearing on the proposed amendment, and shall submit its recommendations to the city council within 60 days of its first meeting after it has received an amendment request complete in all respects. If a public hearing is to be held, notice thereof shall be published in a newspaper of general circulation within the county at least 15 days and not more than 45 days prior thereto, including all information required for an official public hearing.

(c)

If the planning commission fails to submit a report to the city council within 60 days of its first meeting after it has received an amendment request complete in all respects, it shall be deemed to have made no recommendation on the proposed amendment. However, the planning commission and the applicant for an amendment may jointly agree to an extension of the 60 days period.

(d)

Before the mayor and city council enact this chapter or an amendment thereto, they shall hold a public hearing thereon. The notice of such hearing shall be published at least 15 days but not more than 45 days prior to the hearing, in a newspaper of general circulation within the county. The notice shall state the time, place, and the purpose of the hearing, and in addition shall include the location of the property, the present zoning classification of the property and the proposed zoning classification of the property.

(e)

In addition, the chair of the planning commission shall ensure that a sign is erected in a conspicuous location on the property involved, at least 15 days and not more than 45 days before the public hearing of the mayor and city council, giving notice of the time, place and purpose of the public hearing.

(f)

In enacting an amendment to the zoning map and zoning ordinance for a particular property or properties, the mayor and council may consider any variances or conditions offered or sought in conjunction with that amendment without those variances or conditions being separately considered or approved by the planning and zoning commission. Nothing in this section shall prelude the planning and zoning commission from recommending variances or conditions in conjunction with an amendment. If there is an appeal related to any such amendment, variances or conditions offered or sought in conjunction with that amendment, shall be included as part of that appeal.

(Code 2004, § 39-1501; Ord. No. O-23-248, § I(g), 6-15-2023)

(a)

Amendments may be proposed by the planning commission, the city council, and any owner of property within the city, or the owner's legal representative.

(b)

All applications for amendments shall be made in writing on forms provided by the city clerk. No application will be considered to have been made until such form as are provided by the city clerk have been completed and submitted to the city clerk with the prescribed fees.

(c)

Application forms shall include any request for information deemed necessary by the city clerk and may include:

(1)

Drawings showing the dimensions of existing and proposed buildings;

(2)

Entrances and exits from the property described in the application;

(3)

A detailed description of existing land uses on adjacent and surrounding property;

(4)

The location of the subject property, including street number, if any;

(5)

A plat of the land in question, or a description by metes and bounds, bearings and distances of the land, or if the boundaries conform to the lot boundaries within a subdivision for which a plat is recorded in the land records of the county, then, the lot, block and subdivision designations with appropriate plat reference;

(6)

The present and proposed zoning district classification for the subject property;

(7)

The name and address of the owner of the subject property;

(8)

The area of land proposed to be rezoned, stated in square feet if less than one acre and in acres if one or more;

(9)

Proof that all city and county ad valorem property taxes due upon the property have been paid in full;

(10)

The application number, date of application and action taken on all prior applications filed for rezoning of all or part of the subject property; and

(11)

Notarized consent of the owner if not the applicant.

(d)

Within ten days after the application for the rezoning amendment is first filed, the applicant shall file with the clerk the disclosure statement required by O.C.G.A. § 36-67A-3(a).

(Code 2004, § 39-1501.1)

The city council finds that the following standards are relevant in balancing the interest in promoting the public health, safety, morality and general welfare against the right to the unrestricted use of property and shall govern the exercise of the zoning power:

(1)

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

(2)

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

(3)

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

(4)

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

(5)

Whether the proposed rezoning is in conformity with the policy and intent of any land use plan then in effect; and

(6)

Whether there are other existing or changing conditions affecting the use and development of the property which provide supporting grounds for either approval or disapproval of the proposed rezoning.

(Code 2004, § 39-1501.2)

(a)

Required notification. Before the mayor and council acts upon an application:

(1)

The notice of the time and place of the hearing shall be published at least 15 days and not more than 45 days prior to the hearing in the official organ of the county in which the sheriff's advertisements are published.

(2)

The city administrator shall ensure that a sign is erected in a conspicuous place on the property involved, which shall contain summary information as to the application and the time and place of the hearing. This required sign shall be erected at least 15 days and not more than 45 days prior to the hearing. Failure to erect and maintain the sign as specified shall invalidate any subsequent determination by the planning and zoning commission.

(b)

The official public hearing shall be called pursuant to the notice provisions of section 78-366. At the official public hearing, the applicant for the amendment shall first be afforded a reasonable opportunity to explain why the rezoning and amendment are being sought. Thereafter, all interested persons shall be afforded a reasonable opportunity to speak either for or against the rezoning amendment. The mayor may limit speakers to a reasonable time, which shall in no case be less than ten minutes per side, and may limit irrelevant or repetitious comments and shall maintain the order and dignity of the hearing process. In no event shall the size of the audience, nor the emotions of any of the attendees, be a valid consideration of the city council in acting upon a proposed amendment. Public comments should offer facts relevant to the standards set forth in section 78-394.

(c)

All meetings, both regular and special, at which an amendment to this chapter is to be discussed, considered, or acted upon by the city council shall be open to the public. Notice of special meetings shall be given in accordance with the Georgia Open Meetings Law, O.C.G.A. § 50-14-1 et seq.

(d)

Where proper notice is given in accordance with this chapter and in conformity with the Georgia Open Meetings Law, O.C.G.A. § 50-14-1 et seq., and, when required, a sign has been posted in accordance with this chapter, no further notice to the property owner or adjacent or nearby property owners shall be required. Failure to provide notice as required by this chapter shall be grounds for the final action on a proposed amendment to be declared null and void. It is the responsibility of the applicant for rezoning to satisfy himself prior to the public hearing that proper notice requirements have been met. Failure to object at the public hearing shall constitute a waiver of claims based upon improper publication of any notice or the posting on the property.

(e)

Copies of the proposed amendment, including the application, supporting documents and plats, and the recommendations of the planning commission shall be maintained by the city clerk and available at the clerk's office for public inspection and copying. Copies of this chapter, including the standards governing the exercise of zoning power and the policies and procedures which govern the conducting and calling of hearings, as from time to time amended, shall be available for inspection at the clerk's office, and copies may be obtained at reasonable charge from the city clerk.

(Code 2004, § 39-1501.3; Ord. No. O-23-248, § I(h), 6-15-2023)

(a)

After final action by the city council on a proposed amendment, any necessary changes to the official and unofficial zoning maps shall be made within 30 days and shall be dated and signed by the mayor, indicating both the date signed and effective date of amendment.

(b)

A temporary notation or a temporary map showing the required rezoning change shall be made within two working days and shall be dated and signed by the city clerk.

(c)

An approved amendment to the zoning map becomes effective upon the posting of a temporary notation or a temporary map showing the zoning map change.

(Code 2004, § 39-1501.4)

If an application for an amendment to the zoning ordinance or zoning map is denied by the mayor and city council, a reapplication for the amendment may not be made earlier than 12 months from the date of the original application.

(Code 2004, § 39-1502)

(a)

An application for an amendment to create or extend an R-100, C-1, M-1, or O-I zoning district shall be accompanied by a sketch plan to scale and such other plans, elevations or additional information as the planning commission may require, showing the proposed development.

(b)

If the requested zoning amendment is made, no building or other permits shall be granted except for uses or structures that conform essentially with the sketch plan and other documents submitted with the application for an amendment.

(Code 2004, § 39-1503)

(a)

If a preliminary land subdivision plat has not been approved within 12 months of the date of the enactment of a zoning amendment requested by the property owner and in accordance with the proposed development plans and other documents submitted by him.

(b)

If no land subdivision is involved, and the required use and building (or occupancy where no structure is involved) permits have not been issued within 12 months of the date of the enactment of a zoning amendment requested by a property owner and in accordance with the development plans and other documents submitted by him, then the planning commission shall instruct the ordinance enforcement officer not to issue to the property owner any use or occupancy permits.

(c)

The planning commission shall review the situation in the above cases in which preliminary land subdivision plats have not been approved or use or occupancy permits have not been issued within the 12 month period, and report its findings to the mayor and city council.

(d)

Unless there are circumstances that clearly justify the delay in obtaining the above-mentioned preliminary plats or the required use, building or occupancy permits, the planning commission shall promptly recommend to the mayor and city council that the zoning chapter be amended to change the land to its prior or other appropriate zoning district classification.

(e)

Unless there are circumstances that clearly justify the delay in proceeding with the proposed development:

(1)

The ordinance enforcement officer shall cancel the use, building or occupancy permits and declare them null and void.

(2)

The planning commission shall recommend to the mayor and city council that the zoning chapter be amended to change the land to its prior or other appropriate zoning district classification.

(f)

An application for another zoning amendment to change the zoning classification of the same land may not be made within 12 months of the date the land was rezoned, on application of any person.

(Code 2004, § 39-1504)

(a)

Applicability. The provisions of this section shall apply to any amendments, initiated by the City of Berkeley Lake, that provide for the abolition of all single-family residential zoning classifications within the territorial boundaries of the City of Berkeley Lake or zoning decisions that result in the rezoning of all property zoned for single-family residential uses within the territorial boundaries of the City of Berkeley Lake to multifamily residential uses of property. This section shall not apply to zoning decisions for the rezoning of property from a single-family residential use of property to a multifamily residential use of property when the rezoning is initiated by the owner or authorized agent of the owner of such property.

(b)

Public hearings. Prior to the city council decision, at least two public hearings shall be held on the proposed action. Such public hearings shall be held at least three months and not more than nine months prior to the date of final action on the zoning decision. Furthermore, at least one of the public hearings must be held between the hours of 5:00 p.m. and 8:00 p.m. The hearings required by this paragraph shall be in addition to the hearing required in section 27-334.

(c)

Public hearing notices.

(1)

Content of the public hearing notices. Both the posted notice and the published notice shall include a prominent statement that the proposed zoning decision relates to or will authorize multifamily uses or give blanket permission to the property owner to deviate from the zoning requirements of a single-family residential zoning of property in classification previously relating to single-family residential uses. The published notice shall be at least nine column inches in size and shall not be located in the classified advertising section of the newspaper. The notice shall state that a copy of the proposed amendment is on file in the office of the clerk or the recording officer of the local government and in the office of the clerk of the superior court of the county of the legal situs of the local government for the purpose of examination and inspection by the public. The local government shall furnish anyone, upon written request, a copy of the proposed amendment, at no cost.

(2)

Published notice. At least 15 days before but not more than 45 days before the date of the public hearing, notice of the public hearing must be published in a newspaper of general circulation in the city. This required notice must indicate the date, time, place and purpose of the public hearing.

(3)

Written (mailed) notice. Written notice is required for all proposed amendments initiated by the city. The city administrator is responsible for sending written notice via first class mail to all property owners within 500 feet of the boundaries of the subject property (or properties), as those property owners are listed on the tax records of the city. The notices must be mailed at least 15 days but not more than 45 days before the date of the public hearing. Written notices must indicate the nature of the proposed amendment and the date, time, place and purpose of the public hearing.

(4)

Posted notice. A public hearing notice sign must be placed in a conspicuous location on the subject property (or properties), provided, however, that when more than 500 parcels are affected, in which case posting notice is required every 500 feet in the affected area, at least 15 days before the date of the public hearing. This notice sign must indicate the date, time, place and purpose of the public hearing.

(ci)

City council decision. The amendment decision shall be adopted at two regular meetings of the city council, during a period of not less than 21 days apart.

(Ord. No. O-23-248, § I(i), 6-15-2023)