Amendments to the Zoning Map or text may be proposed by the City Council, the Planning Commission, the Codes Enforcement Officer, or any owner of property within the area proposed for change.

An application for amendment shall be filed with the office of the Codes Enforcement Officer and each application shall be accompanied by a plat showing the following:

1.

Location of all streets, property lines and dimensions, existing buildings, structures, and easements;

2.

Adjoining right-of-way and pavement widths;

3.

North point, scale, land district, and land lot;

4.

Names and addresses of owners of and existing use of adjoining property;

5.

Location of all proposed buildings, structures, and land use.

No amendment shall become effective unless it shall have been reviewed by the Planning Commission. The Planning Commission shall have forty-five (45) days following the date of filing within which to review an application and submit a recommendation to the City Council.

A review of an application may be extended an additional thirty (30) days by the Planning Commission if just cause is shown that further time is needed to study a proposed zoning amendment and the City Council is notified of said extension in writing. If the Planning Commission fails to forward its recommendation to the City Council within the time period stated, the City Council may assume that the Planning Commission approves of the proposed amendment.

The Planning Commission shall hold a public hearing on an application for amendment. Notice of the time and place shall be published at least fifteen (15) days, but not more than forty-five (45) days, before the hearing in a newspaper of general circulation in the City of Bowdon or Carroll County. The notice shall include location, present zoning, and proposed zoning of the property. A sign showing the amendment requested shall be placed in a conspicuous location on the property at least fifteen (15) days prior to the hearing. After conducting the public hearing, the Planning Commission shall then make an official decision of the proposed amendment. The official decision shall be made within forty-five (45) days from the date of receipt of the Planning Commission's recommendation.

Hearing before City Council. Within forty five (45) days from the date of the Planning Commission's recommendation the City Council shall hold a public hearing to take official action on the proposed amendment. Notice of the time and place shall be published at least fifteen (15) days, but nor more than forty-five (45) days, before the hearing in a newspaper of general circulation in the City of Bowdon or Carroll County. The notice shall include the location, present zoning, and proposed zoning of the property. A sign showing the amendment requested shall be placed in a conspicuous location on the property at lease fifteen (15) days prior to the hearing. The City Council may include any condition, requirement, or limitation which may be necessary to protect adjacent properties and to carry out the provisions of this article.

Any official action on the proposed amendment shall be recorded in the official minutes of the City.

Each application for an amendment shall be accompanied by a fee to be set by the City Council. All fees charged under this ordinance shall be posted at City Hall at least thirty (30) days prior to their effective date.

A property owner shall not resubmit a proposal for zoning amendment, affecting the same property, more than once in a twelve (12) month period. An application for rezoning may be withdrawn by the applicant or his legally appointed representative provided said request is submitted in writing not later than forty-eight (48) hours before the time set for the public hearing. Any fees paid for the application for rezoning shall be forfeited.

If the City Council executes an action which the applicant or other injured party believes to be contrary to law, that action may be appealed to the Superior Court of Carroll County. Findings of fact may not, however, be appealed. Appeals must be filed within thirty (30) days of the date on which the action of the City Council was taken.

The City of Bowdon shall consider the following when considering an amendment to the Zoning Ordinance or map.

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 extend to which the destruction 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 exiting streets, transportation facilities, utilities, or schools;

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.