When the City Council, Commission, or any person, firm, or corporation desires to amend, supplement, or change the text of the regulations contained herein, the following procedures shall be followed:

170.1.

An application must be submitted in writing to the Zoning Enforcement Officer describing the proposed amendment, supplement, or change. All applications shall be submitted no less than ten days prior to the regular meeting of the Commission.

170.2.

The application shall be sent to the Commission for review and recommendation, and said Commission shall have 30 days within which to submit a report to the City Council. If the Commission fails to submit a report within the 30-day period, it shall be deemed to have approved the proposed amendment. This shall be effective provided that within the 30-day period there has been a regular scheduled meeting of the Commission and that all information requested by the Commission concerning said application has been made available to the Commission.

170.3.

All applications shall be sent to the City Council with the recommendations of the Planning and Zoning Commission; the City Council shall hold a public hearing thereon provided that legal notice has been published in a newspaper of general circulation in the City no less than 15 days and no more than 45 days prior to the hearing.

170.4.

The City Council shall hold a public hearing at the earliest possible time under the time limits spelled out above to consider the proposed text amendment. The recommendations of the Commission shall be read aloud into the minutes at the public hearing. The City Council shall take action on said proposed text amendment within 45 days from the date of the public hearing by approving or disapproving the recommendation, by approving it with modifications, or by remanding the matter with instructions to the Planning and Zoning Commission. Upon re-submission by the Commission, the City Council shall hold a public hearing as described above and take final action on the request.

170.5.

Any petition for a text amendment may be written prior to action thereon by the City Council at the discretion of the person, firm, or corporation initiating such a request upon written notice to the Clerk of the City.

170.6.

Any petition for a text amendment to these regulations, unless said petition is initiated by the City Council or the Commission, shall be accompanied by a fee payment equal to the cost of advertising for the required public hearing.

When the City Council, Commission, or any person, firm or corporation desires to amend the official zoning district map, the following procedures shall be followed:

171.1.

An application must be submitted in writing to the Zoning Enforcement Officer and must be accompanied with a site plan of the proposed use included in any petition for a zoning map amendment. Such site plan shall include building site, parking areas, and egress and ingress into the proposed area, and shall include the existing land use on adjacent and surrounding properties. All applications shall be submitted no less than 20 days prior to the next regular meeting of the Commission. The Zoning Enforcement Officer shall cause to have posted in a conspicuous place on the property or parcel of land involved in the zoning amendment a minimum of one sign for every 500 feet of road frontage, each of which shall be not less than six square feet in area with yellow background and black lettering. Each sign shall contain information as to the proposed change and the date and time of an informational hearing before the City Council for the purpose of discussing the proposed change and giving the public opportunity for input relative to said change. The cost of each sign placed on the property advertising the informational hearing shall be paid by the applicant prior to said hearing. Said sign shall be posted 15 days prior to date of informational hearing.

171.2.

The Planning and Zoning Commission may recommend approval, approval with conditions, or denial of the proposed zoning amendment. A report of the Planning and Zoning Commission's recommendation accompanying a summary of the proceedings of the hearing shall be submitted to [the] Mayor and City Council. The Planning and Zoning Commission shall include recommendations for conditions or limitation on uses appropriate to ameliorate the impact on the surrounding area. Where the applicant does not agree to such conditions or limitation on uses, the recommendation shall be interpreted as a recommendation for denial unless the conditions or limitations are accepted by the applicant.

171.3.

The Zoning Enforcement Officer shall cause to have posted in a conspicuous place on the property or parcel of land involved in the zoning amendment one or more signs not less than six square feet in area with orange background and black lettering; each sign shall contain information as to the proposed change and the date and time of the required public hearing, and the cost of each sign shall be paid by the applicant prior to the public hearing. Said signs shall be posted 15 days prior to date of public hearing.

171.4.

Before enacting any amendment to the zoning map, the City Council shall hold a public hearing thereon provided that legal notice has been published in a newspaper of general circulation in the City no less than 15 days and no more than 45 days prior to the hearing.

171.5.

The City Council shall hold a public hearing at the earliest possible time under the time limits spelled out above to consider the proposed zoning map amendment. The recommendation of the Planning and Zoning Commission shall be read aloud into the minutes at the public hearing. The City Council shall take action on said proposed zoning map amendment within 45 days from the date of their public hearing.

171.6.

The City Council shall hold a public hearing at the earliest possible time under the time limits spelled out above to consider the proposed zoning map amendment. The recommendation of the Planning and Zoning Commission shall be read aloud into the minutes at the public hearing. The City Council, after receiving the recommendation of the Planning and Zoning Commission, shall take appropriate official action on the application and shall notify the applicant of the action taken. The City Council shall act upon the recommendation of the Planning and Zoning Commission within 45 days from the date of their public hearing by approving or disapproving the recommendation, by approving it with modifications or conditions, or by remanding the matter with instructions to the Planning and Zoning Commission.

171.7.

A property owner, or his appointed agent, shall not initiate action for a zoning map affecting the same parcel of land more often than once every six months.

171.8.

Any petition for a map amendment to this resolution, unless said petition is initiated by the City Council or the Commission, shall be accompanied by a fee payment determined by the City Council.

171.9.

In reviewing a proposed amendment to the official zoning district map and taking action on said proposed amendment, the following standards governing the exercise of the zoning power are adopted in accordance with O.C.G.A. section 36-66-5(b):

(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 extent 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 uses 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 existing streets, transportation facilities, utilities, or schools; and

(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.

When the City Council, Commission, or any person, firm or corporation desires a special exception, the following procedures shall be followed:

172.1.

An application must be submitted in writing to the Zoning Enforcement Officer and must be accompanied with a site plan of the proposed use included in any petition for a special exception. Such site plan shall include building site, parking areas, and egress and ingress into the proposed area, and shall include the existing land use on adjacent and surrounding properties. All applications shall be submitted no less than 20 days prior to the next regular meeting of the Commission. The Zoning Enforcement Officer shall cause to have posted in a conspicuous place on the property or parcel of land involved in the special exception a minimum of one sign for every 500 feet of road frontage, each of which shall be not less than six square feet in area with yellow background and black lettering. Each sign shall contain information as to the proposed change and the date and time of an informational hearing before the Commission for the purpose of discussing the proposed special exception and giving the public opportunity for input relative to said change. The cost of each sign placed on the property advertising the informational hearing shall be paid by the applicant prior to said hearing. Said sign shall be posted 15 days prior to date of informational hearing.

172.2.

After the review of the application by the Commission and the informational hearing, the Commission shall have 30 days within which to submit a report to City Council. If the Commission fails to submit a report within the 30-day period, it shall be deemed to have approved the special exception. This shall be effective provided that within the 30-day period there has been a regularly scheduled meeting of the Commission and that all information requested by the Commission concerning said application has been made available to the Commission.

172.3.

The Zoning Enforcement Officer shall cause to have posted in a conspicuous place on the property or parcel of land involved in the zoning amendment one or more signs not less than six square feet in area with orange background and black lettering; each sign shall contain information as to the proposed change and the date and time of the required public hearing, and the cost of each sign shall be paid by the applicant prior to the public hearing. Said signs shall be posted 15 days prior to date of public hearing.

172.4.

Before enacting any special exception, the City Council shall hold a public hearing thereon provided that legal notice has been published in a newspaper of general circulation in the City no less than 15 days and no more than 45 days prior to the hearing.

172.5.

The City Council shall hold a public hearing at the earliest possible time under the time limits spelled out above to consider the proposed special exception. The recommendation of the Planning and Zoning Commission shall be read aloud into the minutes at the public hearing. The City Council shall take action on said proposed special exception within 45 days from the date of their public hearing.

172.6.

Any petition for a special exception may be withdrawn prior to action thereon by the City Council at the discretion of the person, firm, or corporation initiating such a request upon written notice to the Clerk of the City.

172.7.

A property owner, or his appointed agent, shall not initiate action for a special exception affecting the same parcel of land more often than once every six months.

172.8.

Any petition for a special exception to this resolution, unless said petition is initiated by the City Council or the Commission, shall be accompanied by a fee payment determined by the City Council.

172.9.

In reviewing a proposed application for a special exception, the following standards shall apply where applicable:

172.9.1.

The existing land use pattern.

172.9.2.

Whether the proposed use would have an adverse effect on the land development plan.

172.9.3.

Whether all proposed structures, equipment or material will be readily accessible for fire and police protection.

172.9.4.

Whether the proposed use will be of such location, size, and character that, in general, it will be in harmony with the appropriate and orderly development of the area in which it is proposed to be situated and will not be detrimental to the orderly development of adjacent properties or a deterrent to the improvement of adjacent properties in accordance with the zoning classification of such properties, the existing land use pattern or the land development plan.

172.9.5.

Whether, in the case of any use located in or directly adjacent to a residential district or area:

(1)

The nature and intensity of operations will be such that both pedestrian and vehicular traffic to and from the use and the assembly of persons in connection therewith will not be hazardous or inconvenient to, or incongruous with, said residential district or area, or conflict with the normal traffic of the neighborhood; and

(2)

The location and height of buildings, and other structures, and the nature and extent of screening, buffering or landscaping on the site will be such that the use will not hinder or discourage the appropriate development and use of adjacent land and buildings in conformance with existing zoning districts and development pattern.

172.9.6.

Whether the proposed use will increase the population density resulting in the increase or overtaxing of the load on public facilities such as schools, utilities, streets, etc.; or approval of the use would encourage adjacent areas to develop at higher densities than provided in the comprehensive plan resulting in the overtaxing of such public facilities.

172.9.7.

Whether the proposed use will cause a health hazard, a public safety problem, or create a nuisance or cause excessively increasing traffic and associated congestion; create a drainage problem; generate unnecessary disturbance due to noise, the emittance of smoke or other contaminants, odor, electrical interference or cause pollution to land, air and/or water.

172.9.8.

Whether the proposed change will adversely affect property values in adjacent areas.

172.9.9.

Whether there are substantial reasons why the property cannot be used for a permitted use in the district where the property is located.