These regulations, including the zoning map, may be amended by the city council (1) on its own motion; (2) on petition; or (3) on recommendation of the planning commission, but no amendment shall become effective unless it shall have been proposed by or shall first have been submitted to the planning commission for review and recommendation. A public hearing shall be held on any such amendment before becoming effective.

Section 12-2.1. General. Applications for amendments of this ordinance shall be in the form of proposals for amendment of the text of this ordinance or proposals for amendment of the zoning map. Application for amendment shall be submitted to the zoning administrator and shall include the appropriate fee. Any property for which a zoning amendment is denied cannot be reconsidered, for a zoning amendment, for at least six months after the date of the denial.

Section 12-2.2. Signature of applicant required. Applications shall be made by the owner of the subject property, the authorized agent of the subject property, the planning commission, or the mayor and city council. All applications, other than those initiated by the planning commission or the mayor and city council, shall be signed by the applicant, and shall state his name and address. Any such applicant wishing to request a zoning amendment must have at least 51 percent ownership of the subject property. If the applicant is not the owner, the applicant shall state his relation to the owner and affirm his authority to make application. If the applicant is the planning commission, the application shall be signed by the zoning administrator. If the applicant is the mayor and city council, the application shall be signed by the mayor.

Section 12-2.3. Application for zoning map amendment. An application for a zoning map amendment shall include the information listed in subparagraphs (A) through (M) below. An incomplete application shall not be considered and shall be returned to the applicant for completion.

The application shall show:

A.

The area in which the lot proposed to be reclassified is located and the street number, if any, or if none, the location with respect to the nearby public streets in common use;

B.

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

C.

The present zoning classification and the classification proposed for such lot;

D.

The type and size of structure(s) to be constructed and the specific use of the structure;

E.

The name and address of the owners of the land;

F.

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

G.

The application number, date of application, and action taken on all prior applications filed for the reclassification of the whole part of the land proposed to be reclassified;

H.

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

I.

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

J.

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

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.

If the local government has an adopted land use plan, whether the zoning proposal is in conformity with the policy and intent of the land use plan; and,

M.

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.

After acceptance of any application for amendment, the zoning administrator shall transmit a copy to each member of the planning commission for their review and recommendation. Further, the zoning administrator will provide a copy of the application to each city councilmember and the mayor. The planning commission shall have a 60 day period subsequent to the receipt of the application by the zoning administrator within which to make its recommendation to the city council. Before taking action on a proposed amendment, the planning commission shall hold a public hearing thereon. At least 15 days prior to the hearing, notice shall be published in a newspaper of general circulation which shall state the time, date and place of the hearing, and shall include the location of the property, the present zoning classification of the property, and the proposed zoning classification of the property. Additionally, a sign containing the information as hereinafter set forth shall be placed in a conspicuous location on the property not less than 15 days prior to the date of the hearing before the planning commission. The sign shall be not less than nine square feet, with not less than three-inch black letters upon a white background, which sign shall read as follows:

NOTICE TO THE PUBLIC

ZONING/SPECIAL EXCEPTION/VARIANCE NOTICE

The following change for a (insert as appropriate, one of the following: zoning amendment/special exception/variance) in the City of Brooklet has been requested on (insert date) by (insert name of applicant) with respect to property located at (insert property address), the same being approximately (insert acreage) acres with a current zoning classification of (insert current zoning classification) and a requested zoning classification of (insert requested zoning classification, if applicable). A public hearing conducted by the (insert Planning Commission or City Council, as appropriate) will be held at Brooklet City Hall, 104 Church Street at (insert time) on (insert date). The public is invited. For more information, you may call the zoning administrator at (912) 842-2137.

Additionally, a notice of the date, time and place of the hearing shall be sent by the zoning administrator via certified mail to the applicant and the adjacent property owners. The planning commission shall investigate and make a written recommendation with respect to each of the factors itemized in subsection 12-2 .3. If the planning commission fails to submit a recommendation within such 60-day period, it shall be deemed to have recommended the requested change or departure, which recommendation is advisory only.

(Ord. of 06-15-2023(1), § 1(A))

(a)

Before an amendment to the ordinance from which this section is derived is enacted, a public hearing on the amendment shall be held. At least 15 but not more than 45 days prior to the date of the hearing, the zoning administrator shall cause to be published within a newspaper of general circulation within the territorial boundaries of the city a notice of the hearing. The notice shall state the time, place, and purpose of the hearing.

(b)

If a zoning decision of the city council is regarding the rezoning of property and the rezoning is initiated by a party other than the city council, then:

(1)

The notice, in addition to the requirements of subsection (a) of this Code section, shall include the location of the property, the present zoning classification of the property, and the proposed zoning classification of the property; and

(2)

A sign containing information as hereinafter set forth shall be placed in a conspicuous location on the property not less than 15 days prior to the date of the hearing. The sign shall be not less than nine square feet, with not less than three-inch black letters upon a white background, which sign shall read as follows:

NOTICE TO THE PUBLIC

ZONING/SPECIAL EXCEPTION/VARIANCE NOTICE

The following change for a (insert as appropriate, one of the following: zoning amendment/special exception/variance) in the City of Brooklet has been requested on (insert date) by (insert name of applicant) with respect to property located at (insert property address), the same being approximately (insert acreage) acres with a current zoning classification of (insert current zoning classification) and a requested zoning classification of (insert requested zoning classification, if applicable). A public hearing conducted by the (insert Planning Commission or City Council, as appropriate) will be held at Brooklet City Hall, 104 Church Street at (insert time) on (insert date). The public is invited. For more information, you may call the zoning administrator at (912) 842-2137.

(3)

A notice of the date, time and place of the hearing shall be sent by the zoning administrator via certified mail to the applicant and adjacent property owners. All application files shall be placed in the custody of the zoning administrator, and shall be open to the public for inspection during regular office hours.

(c)

The Brooklet city council shall conduct this public hearing. The mayor shall preside at said hearing and shall observe the following procedures:

(1)

No one may speak until recognized by the presiding official, and then each speaker must state his or her name and address. Those who intend to speak shall sign up with the clerk prior to the meeting. The applicant shall speak first, and present the application and any evidence, opinions or witnesses. The opponents to the proposed change shall present their opposition, evidence, opinions and witnesses. The applicant may have an opportunity for rebuttal. A minimum time of ten minutes per side for the presentation of data, evidence and opinions for each shall be provided. Additional time may be allowed by majority vote of the Council, but an equal amount of additional time must be awarded to each side if any is awarded.

(2)

The clerk shall cause printed copies of these policies and procedures for conducting the hearing to be available for distribution to the general public prior to the hearing. Additionally, the clerk shall cause printed copies of the policies and factors balancing the interests in promoting the public health, safety, morality, or general welfare against the right to the unrestricted use of property, set forth in subparagraph (A) through (M) of section 12-2.3 of this article to be available for distribution to the general public prior to the hearing.

(d)

If the zoning decision of the city council is regarding the rezoning of property and the amendment to the zoning ordinance to accomplish the rezoning is defeated by the city council, then the same property may not again be considered for rezoning until the expiration of at least six months immediately following the defeat of the rezoning by the city council.

(e)

If the zoning is for property to be annexed into the city, then:

(1)

The city shall complete the procedures required by this Article for such zoning, except for the final vote of the city council, prior to adoption of the annexation ordinance or the effective date of any local Act of the General Assembly, but no sooner than the date the notice of the proposed annexation is provided to the governing authority of the county as required under O.C.G.A. § 36-36-6;

(2)

The hearing required by subsection (a) of this section shall be conducted prior to the annexation of the subject property into the city;

(3)

In addition to the other notice requirements of this section, the municipality shall cause to be published within a newspaper of general circulation within the territorial boundaries of the county wherein the property to be annexed is located a notice of the hearing as required under the provisions of subsection (a) or (b), as applicable, of this section and shall place a sign on the property when required by subsection (b) of this Code section; and

(4)

The zoning classification approved by the city following the hearing required by this Code section shall become effective on the later of:

(A)

The date the zoning is approved by the city;

(B)

The date that the annexation becomes effective pursuant to O.C.G.A. § 36-36-2; or

(C)

Where a county has interposed an objection pursuant to O.C.G.A. § 36-36-11, the date provided for in paragraph (8) of subsection (c) of said Code section.

(f)

When a proposed zoning decision relates to or will allow the location or relocation of a halfway house, drug rehabilitation center, or other facility for treatment of drug dependency, a public hearing shall be held on the proposed action. Such public hearing shall be held at least six months and not more than nine months prior to the date of final action on the zoning decision. The hearing required by this subsection shall be in addition to any hearing required under subsection (a) of this Code section. The city shall give notice of such hearing by:

(1)

Posting notice on the affected premises in the manner prescribed by subsection (b) of this Code section; and

(2)

Publishing in a newspaper of general circulation within the territorial boundaries of the city a notice of the hearing at least 15 days and not more than 45 days prior to the date of the hearing.

Both the posted notice and the published notice shall include a prominent statement that the proposed zoning decision relates to or will allow the location or relocation of a halfway house, drug rehabilitation center, or other facility for treatment of drug dependency. The published notice shall be at least six column inches in size and shall not be located in the classified advertising section of the newspaper.

(g)

(1)

Notwithstanding any other provisions of this chapter to the contrary, when a proposed zoning decision relates to an amendment of the zoning ordinance to revise one or more zoning classifications or definitions relating to single-family residential uses of property so as to authorize multifamily uses of property pursuant to such classification or definitions, or to grant blanket permission, under certain or all circumstances, for property owners to deviate from the existing zoning requirements of a single-family residential zoning, such zoning decision must be adopted in the following manner:

(A)

The zoning decision shall be adopted at two regular meetings of the city council making the zoning decision, during a period of not less than 21 days apart; and

(B)

Prior to the first meeting provided for in subparagraph (A) of this paragraph, 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 any hearing required under subsection (a) of this Code section. The city shall give notice of such hearing by:

(i)

Posting notice on each affected premises in the manner prescribed by subsection (b) of this Code section; provided, however, that when more than 500 parcels are affected, in which case posting notice is required every 500 feet in the affected area; and

(ii)

Publishing in a newspaper of general circulation within the territorial boundaries of the city a notice of each hearing at least 15 days and not more than 45 days prior to the date of the hearing.

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 of the city of Brooklet and in the office of the clerk of the superior court of Bulloch County for the purpose of examination and inspection by the public. The city shall furnish anyone, upon written request, a copy of the proposed amendment, at no cost.

(2)

The provisions of paragraph (1) of this subsection shall also apply to any zoning decisions that provide for the abolition of all single-family residential zoning classifications within the territorial boundaries of the city or zoning decisions that result in the rezoning of all property zoned for single-family residential uses within the territorial boundaries of the city to multifamily residential uses of property.

(3)

This subsection 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.

(Ord. of 06-15-2023(1), § 1(B))

Editor's note— Ord. of June 15, 2023(1), § 1(B) repealed the former § 12-4 and enacted a new § 12-4 as set out herein. The former § 12-4 pertained to city council hearing procedure and derived from Zoning Ordinance of March 4, 2002.

In taking action on an application, the city council may approve the application, approve the application with zoning conditions if for a zoning map amendment, approve the application for less property than requested, approve a zoning classification other than that requested by the applicant if for a zoning map amendment, table a decision on the application for a period not exceeding 45 days, or deny the application, whichever is in the public interest pursuant to the standards set forth in section 12-2.3(H) through (M). If the zoning decision of the city council is for the rezoning of property and the amendment to the zoning ordinance to accomplish the rezoning is defeated by the city council, then the same property may not be again considered for rezoning until the expiration of at least six months immediately following the defeat of the rezoning by the city council.

(Ord. of 06-15-2023(1), § 1(B))

Editor's note— Ord. of June 15, 2023(1), § 1(B) repealed the former § 12-5 and enacted a new § 12-5 as set out herein. The former § 12-5 pertained to posting of property and derived from Zoning Ordinance of March 4, 2002.

The grant or denial an amendment, being legislative in nature, shall be subject to direct constitutional challenge regarding the validity of maintaining the existing zoning on the subject property or the validity of conditions or an interim zoning category other than the one what was requested in the Superior Court pursuant to its original jurisdiction over declaratory judgments pursuant to O.C.G.A. tit. 9, ch. 4 and equity jurisdiction under O.C.G.A. tit. 23. Such challenges shall be by way of a de novo review by the Superior Court wherein such review brings up the whole record from the city and all competent evidence shall be admissible in the trial thereof, whether adduced in the city process or not and employing the presumption that a governmental zoning decision is valid and can be overcome substantively by a petitioner showing by clear and convincing evidence that the zoning classification is a significant detriment to the petitioner and is insubstantially related to the public health, safety, morality, or general welfare. Such challenges shall be brought within 30 days of the written decision of the challenged action. A challenge filed pursuant hereto shall stay all legal proceedings in furtherance of the action challenged, unless the city, through an official authorized by the city council, certifies that, by reason of the facts stated in the certificate, a stay would cause imminent peril to life or property. In such actions, the applicant for the zoning decision shall be a necessary party and shall be named as a defendant in the action and served in accordance with the requirements of O.C.G.A. tit. 5 or O.C.G.A. tit. 9, as appropriate.

(Ord. of 06-15-2023(1), § 1(B))

Editor's note— Ord. of June 15, 2023(1), § 1(B) repealed the former § 12-6 and enacted a new § 12-6 as set out herein. The former § 12-6 pertained to city council decision and derived from Zoning Ordinance of March 4, 2002.

To the extent, if any, that the provisions of the city's zoning ordinance are in any way inconsistent with or in conflict with the Zoning Procedures Law set forth at O. C. G. A. § 36-66-1 et. seq., as presently enacted or hereafter amended, the provisions of the Zoning Procedures Law shall prevail.

(Ord. of 06-15-2023(1), § 1(B))

Editor's note— Ord. of June 15, 2023(1), § 1(B) repealed the former § 12-7 and enacted a new § 12-7 as set out herein. The former § 12-7 pertained to appeal and derived from Zoning Ordinance of March 4, 2002.