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Cartersville City Zoning Code

ARTICLE XXII

AMENDMENTS

Sec. 22.1.- Initiation of amendments.

22.1.1.

Text amendment. An application to amend the text of this chapter may be initiated by the planning commission or be submitted to the planning commission by the mayor and city council, zoning staff, or by any person having an interest in the city.

22.1.2.

Map amendment. An application to amend the official zoning map may be initiated by the planning commission or be submitted to the planning commission by the mayor and city council or zoning staff, property owner or agent of the owner. Unless initiated by the mayor and city council, the planning commission or zoning staff, all applications to amend the official zoning map must be submitted by an owner of the affected property or an authorized agent of an owner, following procedures set forth in sections 22.2 and 22.3. If submitted by an agent of the owner, such authorization shall be notarized and attached to the application. If a property has multiple owners, only one (1) owner need file the application, and it will be assumed that the other owners consent; however, if any owner does not consent to the application (or otherwise objects), the rezoning application will not go forward. If owned by a corporation or other entity, the application must be filed by a person with proper corporate or entity authority, and the zoning administrator may require documentation to support a claim of authority.

22.1.3.

Resubmission after denial. In the event an application for an amendment to the zoning map has been denied, another rezoning application affecting the same property shall not be submitted nor accepted until six (6) months have passed from the date of the final decision by the mayor and city council.

22.1.4.

Alter conditions. An application to alter conditions of rezoning may be submitted at any time after the final decision of the mayor and city council, except in the event that a zoning decision of the property had been denied, then said application cannot be resubmitted until after six (6) months from the final decision of the mayor and city council. The applicant must show a change in circumstances or additional information not available to the applicant at the time of the original decision by the mayor and city council to impose the condition. Another application to alter the same condition shall not be submitted more than once every twelve (12) months, such interval to begin on the date of the final decision by the mayor and city council on said application to amend the condition.

22.1.5.

Withdrawal. An application may be withdrawn without prejudice at any time prior to 6:00 p.m. on the day of the planning commission hearing. The planning commission may give permission for a withdrawal without prejudice at its hearing. Withdrawal after the planning commission's hearing shall mean such application may not be resubmitted for consideration for a period of six (6) months, counting from the date of withdrawal to the date of renewed application. Unless withdrawn at the hearing, the withdrawal must be in writing, signed and dated by the applicant.

22.1.6.

Requirements for city applications. The requirements of section 23.2 do not apply to any application for amendment initiated by the zoning department staff, the planning commission or the mayor and city council, and such applications shall only contain such information as is required by the zoning administrator. City initiated map changes do not require that the city send letters to property owners or post signs on properties affected. Such notice is not required under the zoning procedures law and is not practical when the city changes large numbers of parcels at one (1) time. This is not applicable to multi-family or single-family residential zoning requirements in which O.C.G.A. § 36-66-4(h) is applicable, and the city shall comply with the requirements as specified therein.

22.1.7.

Simultaneous applications. If multiple amendments are submitted on one parcel, they are to be considered in the following order: 1) text amendments; 2) zoning map amendment; 3) special use permit; 4) zoning condition amendment. Each application shall be voted on separately, in the above-stated order. If a rezoning change is denied and the proposed special use is not permitted in the original zoning district, that application shall be denied.

22.1.8.

Campaign contribution disclosures. Applicants and opponents to rezoning actions that change the zoning district on a parcel are requested to consult the Conflict of Interest in Zoning Act, O.C.G.A. § 36-67A-1, which requires disclosure of campaign contributions made within two (2) years of the rezoning application, and aggregating two hundred fifty dollars ($250.00) or more, to any planning commission member or any member of the mayor and city council. Such disclosures should be filed at least five (5) calendar days prior to the planning commission's hearing on forms available at the zoning office. Violation of this Act shall not affect the validity of the rezoning, but such action may be a misdemeanor under O.C.G.A. § 36-67A-4.

22.1.9.

Multi-family and single-family zoning decisions. Zoning decisions regarding multi-family uses of property and single-family residential, if applicable, shall comply with the requirements of O.C.G.A. § 36-66-4(h).

(Ord. No. 46-23, § 1, 7-6-23; Ord. No. 47-23, § 1, 7-6-23; Ord. No. 48-23, § 1, 7-6-23; Ord. No. 49-23, § 1, 7-6-23)

Sec. 22.2. - Applications for amendments.

22.2.1.

Applications. Each application required by this chapter, including without limitation, to amend this chapter, or the official zoning maps shall be filed with the zoning administrator. The following requirements for information are mandatory, unless the requirement is deleted by the zoning administrator. The zoning administrator may require additional information to evaluate the application, the suitability of the proposed use, and other aspects of any proposed development, and any such information shall be provided. Such information is not required for city-initiated applications.

22.2.2.

Fee. Along with the application, a nonrefundable application fee is to be submitted at the time the application is submitted, pursuant to the fee schedule as adopted by the City of Cartersville at section 17-85 of the Code of Ordinances, City of Cartersville, Georgia.

22.2.3.

Procedure. Zoning numbers will be issued to applicants. A schedule may be obtained from the zoning office. All applications must be complete and submitted by the end of the business day on the date the zoning number is issued. Incomplete applications will not be accepted, except with permission of the zoning administrator. Furthermore, applicants not filing a complete application on the date the zoning number is issued will forfeit their assigned number, and will have to request a new number no sooner than the next available date to accept applications, once their application is complete and ready for submission.

22.2.4.

Text amendment applications. Text amendment applications shall include the following minimum information, unless the requirement(s) listed below are waived by the zoning administrator. Additional information may also be requested by the zoning administrator:

A.

Name and current address of the applicant;

B.

Current provisions of the text to be affected by the amendment;

C.

Proposed wording of text change; and

D.

Reason for the amendment request.

E.

Names and addresses of the applicant, owners and their agents, if any, authorized to apply for an amendment; and

F.

An initiating party shall also file any other information or supporting materials that are required by the mayor and city council, planning commission, or zoning administrator.

22.2.5.

Zoning map amendment. Official zoning map amendment applications shall include the following minimum information, unless the requirement(s) listed below are waived by the zoning administrator. Additional information may also be requested by the zoning administrator:

A.

A tax parcel card from the Bartow County Tax Assessor identifying the parcel to be rezoned, or the parent parcel of the parcel to be rezoned, if a split or subdivision is occurring;

B.

One (1) copy of a plat, drawn to scale, showing north arrow, land lot and district, the dimensions, acreage and location of the tract prepared by an architect, engineer, landscape architect or land surveyor whose state registration is current and valid. The preparer's seal shall be affixed to the plat. The plat must be drawn in accordance with the GA State plane NAD83 West Zone US Feet, Coordinate System and all submissions are expected to be in True North, not magnetic north. For subdivision or nonresidential developments, an additional electronic copy of the plat shall be submitted by the applicant, owner or developer to the engineering department;

C.

The present and proposed zoning district for the tract;

D.

Existing and intermediate regional floodplain and structures, as shown on the Federal Emergency Management Agency FIRM rate maps for the City of Cartersville, if any;

E.

The names and addresses of the owners of the land and their agents, if any;

F.

The names and addresses of all adjoining property owners. In determining the adjoining property owners, streams and road, street or railroad rights-of-way shall be disregarded;

G.

No application for the rezoning of any property for a residential subdivision shall be accepted for filing unless the application is accompanied by a letter from the local government that will supply water to the property stating that public water is available to the property;

H.

Indicate all existing site improvements and confirmation of the availability of all public utilities.

I.

Street address, tax map parcel number(s), and the location of the tract proposed to be zoned with respect to nearby public streets.

J.

The area of the land proposed to be zoned in acres, and square feet.

K.

Such other and additional information as may be requested by the zoning administrator.

22.2.6.

Application schedule. Applications shall be submitted according to the schedule set by the zoning administrator. Application fees for an application to amend this chapter and/or the official zoning maps shall be established by the mayor and city council and made available by the zoning administrator.

22.2.7.

Proposed conditions. With respect to amendments to the official zoning maps, an applicant may file site plans, renderings, construction specifications, written development restrictions and other conditions which the applicant proposes as binding conditions upon the development and use of the property involved in the application.

Sec. 22.3. - Public notification.

22.3.1.

Legal notice. Not less than fifteen (15) days and not more than forty-five (45) days prior to the scheduled date of the public hearing the final action by the city council, and in accordance with O.C.G.A. § 36-66-1 et seq., and not less than ten (10) days prior to the planning commission meeting, a notice of public hearing shall be published in the legal notice section of a newspaper of general circulation within the City of Cartersville. Such notice shall state the application file number, and shall contain a summary of the proposed amendment in the case of a text amendment, and the location of the property, its area, owner, the current zoning classification, and the proposed zoning classification in the case of a map amendment. Such notice may include both the planning commission and the city council meeting dates. Advertising of the legal notice as required in this section shall be the responsibility of the applicant. If the application is for amendment to the official zoning maps, then the notice shall also include the location of the property, the present zoning district of the property, and the proposed zoning district of the property. The cost of the advertisement shall be borne by the applicant. The notice shall also state, "Notice is hereby given that the Mayor and City Council have the power to impose a different zoning classification from the classification requested, and impose or delete zoning conditions that may change the application considerably." If the notice does not run in the newspaper in conformance with these requirements, the application is void and cannot be considered as scheduled. The applicant shall coordinate with the zoning office and readvertise for a future hearing, as assigned by the staff.

22.3.2.

Signs posted. The zoning administrator shall post, at least fifteen (15) days prior to the planning commission's public hearing and the mayor and city council's public hearing, in a conspicuous place in the public right-of-way fronting the property or on the property for which an application has been submitted, a sign or signs containing information as to the application and date, time and place of the public hearing.

22.3.3.

Letters to property owners. The applicant shall notify each owner of property adjoining the property for which the amendment (other than a text amendment) is sought by mailing to each property owner a letter by first class mail, with proof of mailing obtained from the Post Office. Proof of mailing means either a first class "certificate of mailing" or a first class "certified mail" receipt; a proof of delivery is not required. Only owners reflected on the records of the tax assessors as of January 1 of the year in which the application is filed shall be entitled to notice. In determining the adjoining property owners, road, street or railroad rights-of-way shall be disregarded. Notice shall also be provided by letter to such other impacted property owners or interest holders as the zoning administrator directs. The form letter provided by the city shall be used, or a letter conveying substantially the same information. Proof of mailing for each recipient shall be provided to the zoning administrator before the public hearing. Said notice must be mailed at least fifteen (15) days prior to the date of said scheduled public hearing.

22.3.4

City exemptions and requirements. The provisions of sections 22.3.2 and 22.3.3 shall not apply if the application is initiated by the zoning department staff, the planning commission, or the mayor and city council. If appropriate, the requirements of O.C.G.A. § 36-66-5.1(h) shall be applicable for city initiated requests.

22.3.5.

Fee. Along with the application, a nonrefundable application fee is to be submitted at the time the application is submitted, pursuant to the fee schedule as adopted by the City of Cartersville at section 17-85 of the Code of Ordinances, City of Cartersville, Georgia. A fee shall not be charged for applications initiated by the zoning staff, mayor and city council or planning commission.

(Ord. No. 50-23, § 1, 7-6-23)

Sec. 22.4. - Action by the planning commission.

22.4.1.

Commission. A planning commission was established by previous version of this chapter, and other ordinances of the city and remains authorized under this chapter. Existing commission members shall continue in their current terms unaffected by the adoption of this chapter. The planning commission of the City of Cartersville consists of seven (7) members appointed by the mayor and city council for staggered terms as provided for in section 17-27 of the Code of Ordinances, City of Cartersville, Georgia.

22.4.2.

Members. Each commission member shall receive compensation for their service as established by the mayor and city council, and shall be reimbursed for actual expenses incurred while representing the commission. Appointments shall be made by resolution of the mayor and city council. Any vacancy in the membership of the commission shall be filled for the unexpired term in the same manner as the initial appointment. Members shall be removable for cause by the mayor and city council upon written charges and after a public hearing; provided, however, that any member who fails to attend three (3) consecutive meetings, without cause, may be removed without a public hearing. The commission may adopt such by-laws as it deems necessary to provide for the orderly conduct of its business. The commission previously appointed by the mayor and city council shall continue to serve without change as if appointed under this chapter. Members shall continue to serve after the expiration of their term, until their successor has been appointed or themselves reappointed.

22.4.3.

Public hearing. The planning commission shall hold a public hearing on each application for an amendment pursuant to this article in accordance with a schedule adopted by the commission. As to each application, the planning commission shall make a recommendation for approval, approval with conditions, or denial. A tie vote on any motion shall equate to denial. The planning commission may grant the applicant's request to withdraw without prejudice at its hearing.

22.4.4.

Tabling application. The planning commission shall have the power to table incomplete applications, or to seek more time for further information to be submitted. The action by the planning commission to table the application shall include a statement of the date and time of the next meeting at which the application will be considered, which statement shall constitute public notice of the hearing on the application; and no further notice, such as that required by section 22.3, is required. The application can be tabled for up to three (3) months at a time to obtain necessary information or for other reasons of the planning commission. The application can be tabled more than once if necessary, extending the duration the application remains on the table.

22.4.5.

Report. A written report or summary of the planning commission's recommendation shall be prepared by the zoning staff, and shall be a public record. The planning commission's action may recommend amendments or conditions to the applicant's request which would reduce the land area for which the application is made, change the district requested and recommend conditions of rezoning which may be deemed advisable so that the purpose of this chapter will, if applicable, be served, and health, public safety and general welfare secured.

22.4.6.

Quorum. A quorum of the planning commission shall consist of four (4) members.

22.4.7.

Meetings. Meetings of the commission shall be held at the call of the chair or in his absence the vice chair and at such other times as the board may determine. The chair, or in his absence, the vice chair, may administer oaths to witnesses. All meetings of the commission shall be open to the public

22.4.8.

Minutes. The commission shall keep minutes of its proceedings, showing the vote of each member upon each question, or if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions, all of which shall be immediately filed in the office of the commission and may be a public record.

22.4.9.

Majority. A majority of the members of the commission present (provided a quorum is present) shall be necessary to reverse any order, requirement, decision or determination of the zoning administrator, or to decide in favor of the applicant on any matter upon which it is required to pass under this chapter or to affect any variation of this chapter.

Sec. 22.5. - Conduct of the planning commission's hearing.

22.5.1.

Sign up. All persons who wish to address the planning commission at a hearing on the proposed amendment under consideration by the planning commission shall first sign up on a form to be provided by the city prior to the commencement of the hearing.

22.5.2.

Matter presented. The chair of the planning commission or their designee will read the proposed amendments under consideration in the order determined by the zoning administrator. The zoning administrator, or his designee, shall then present the amendment, along with the pertinent departmental reviews, if any, prior to receiving public input on the proposed amendment. If an application is not complete, or all requirements of this chapter have not been complied with, the application is out of order and will not be called at that meeting. It shall be tabled for one (1) month. If the application is still incomplete or out of order at the next meeting, it shall be deemed withdrawn. The applicant shall have to wait six (6) months to reapply.

22.5.3.

Speakers. The chair of the planning commission or their designee will then call each person who has signed up to speak on the amendment in the order in which the persons have signed up to speak, except the applicant who will always speak first. Prior to speaking, the speaker will identify himself or herself and state his or her current address. Only those persons who signed up to speak prior to the commencement of the hearing shall be entitled to speak, unless a majority of the commission, in its discretion, allows the person to speak to the amendment, notwithstanding the failure of the person to sign up prior to the hearing.

22.5.4.

Time limits. Each speaker shall be allowed five (5) minutes to address the planning commission concerning the amendment then under consideration, unless the planning commissions, by majority vote of the members present, votes to allow additional time for a particular speaker to address the commission on said proposed amendment. The applicant shall have a minimum of ten (10) minutes for his presentation (including all related witnesses or experts). The applicant may initially use all of the time allotted to him to speak, or he may speak and reserve a portion of his allotted time for rebuttal. Opponents are not allowed rebuttal or a second opportunity to speak, unless specifically granted by majority vote of the commission. In all circumstances, in order to comply with state law, the proponent(s) and opponent(s) of each amendment shall have no less than ten (10) minutes per side for presentation of data, evidence, and opinion thereon; if there is only one (1) applicant or opponent, such person shall have the full ten (10) minutes if desired. In the event the opponents collectively take more than ten (10) minutes, the applicant's time shall be extended similarly if desired. One (1) member of the planning commission or zoning staff shall be designated as the time keeper to record the time expended by each speaker.

22.5.5.

Decorum and order. Each speaker shall speak only to the merits of the proposed amendment under consideration and shall address his remarks only to the members of the planning commission. Each speaker shall refrain from personal attacks on any other speaker or the discussion of facts or opinions irrelevant to the proposed amendment under consideration. The chair may limit or refuse a speaker the right to continue, if the speaker, after first being cautioned, continues to violate this subsection. Nothing contained herein shall be construed as prohibiting the chair from conducting the hearing in an orderly and decorous manner to assure that the public hearing on a proposed amendment is conducted in a fair and orderly manner.

22.5.6.

These procedures shall be available in writing at each hearing.

Sec. 22.6. - Action by the mayor and city council.

22.6.1.

Public hearing. Before taking action on a proposed amendment and after receipt of the planning commission recommendations, the mayor and city council shall hold a public hearing on the proposed amendment made pursuant to this article, which shall be advertised as stated in section 22.3 and conducted pursuant to section 22.7, except as required by O.C.G.A. § 36-66-4(h), which requirements shall be followed therein.

22.6.2.

Powers of the mayor and city council. At the public hearing, the mayor and city council shall review the analysis submitted by the initiating party and the recommendation prepared by the planning commission. So that the purpose of this chapter will be served, health, public safety and general welfare secured, the mayor and city council may approve or deny the application, reduce the land area for which the application is made, change the district or land use category requested, or add or delete conditions of the application. The mayor and city council shall have the power to impose a different zoning classification from the classification requested, and impose any zoning conditions which ameliorate the impact of the zoning, or serve other lawful purposes of this chapter. The submission of an application for a rezoning shall be deemed notice of this power and consent to any such action. The mayor and city council may also remand the application, if it has been changed or for any reason, to the planning commission for further review and recommendation.

22.6.3.

Tabling application. The mayor and city council shall have the power to table incomplete applications, or to seek more time for further information to be submitted. The action by the mayor and city council to table the application shall include a statement of the date and time of the next meeting at which the application will be considered, which statement shall constitute public notice of the hearing on the application; and no further notice, such as that required by section 22.3, is required. The application can be tabled for up to three (3) months at a time to obtain necessary information or for other reasons of the mayor and city council. The application can be tabled more than once if necessary, extending the duration the application remains on the table.

22.6.4.

Approval. Pursuant to the Charter of the City of Cartersville section 2.10, Readings; an ordinance to be approved must be read at two (2) consecutive meetings of the mayor and city council, unless it is deemed an emergency ordinance, per the requirements of the Charter and Code of Ordinances of the City of Cartersville.

(Ord. No. 51-23, § 1, 7-6-23)

Sec. 22.7. - Conduct of the mayor and city council's hearing.

22.7.1.

Sign up. All persons who wish to address the mayor and city council at a hearing concerning a proposed zoning decision under consideration by the mayor and city council shall first sign up on a form to be provided by the city prior to the commencement of the hearing.

22.7.2.

Matter presented. Proposed zoning decisions shall be called in the order determined by the city manager. The zoning administrator or his designee will read the proposed zoning decision under consideration and summarize the departmental reviews pertaining thereto prior to receiving public input on said proposed zoning decision. If an application is not complete, or all requirements of this chapter have not been complied with, the application is out of order and will not be called at that meeting. It shall be tabled for one (1) month. If the application is still incomplete or out of order at the next meeting, it shall be deemed withdrawn. The applicant shall have to wait six (6) months to reapply.

22.7.3.

Speakers. The mayor or her designee shall call each person who has signed up to speak on the zoning decision in the order in which the persons have signed up to speak, except the applicant who will always speak first. Prior to speaking, the speaker will identify himself or herself and state his or her current address. Only those persons who signed up to speak prior to the commencement of the hearing shall be entitled to speak, unless the mayor and city council, in his discretion, allows the person to speak to the zoning decision, notwithstanding the failure of the person to sign up prior to the hearing.

22.7.4.

Time limits. Each speaker shall be allowed five (5) minutes to address the mayor and city council concerning the zoning decision then under consideration, unless the mayor and city council allows additional time for a particular speaker to address the mayor and city council on said proposed zoning decision. The applicant shall have a minimum of ten (10) minutes for his presentation (including all related witnesses or experts). The applicant may initially use all of the time allotted to him to speak, or he may speak and reserve a portion of his allotted time for rebuttal. Opponents are not allowed rebuttal or a second opportunity to speak, unless specifically granted by the mayor and city council. In all circumstances, the proponent(s) and opponent(s) of each amendment shall have no less than ten (10) minutes per side for presentation of data, evidence, and opinion thereon; if there is only one (1) applicant or opponent, such person shall have the full ten (10) minutes if desired. In the event the opponents collectively take more than ten (10) minutes, the applicant's time shall be extended similarly if desired. A member of the mayor and city council's staff shall be designated as the time keeper to record the time expended by each speaker.

22.7.5.

Decorum and order. Each speaker shall speak only to the merits of the proposed zoning decision under consideration and shall address his remarks only to the mayor and city council. Each speaker shall refrain from personal attacks on any other speaker or the discussion of facts or opinions irrelevant to the proposed zoning decision under consideration. The mayor and city council may limit or refuse a speaker the right to continue, if the speaker, after first being cautioned, continues to violate this subsection. Nothing contained herein shall be construed as prohibiting the mayor and city council from conducting the hearing in an orderly and decorous manner to assure that the public hearing on a proposed zoning decision is conducted in a fair and orderly manner.

22.7.6.

These procedures shall be available in writing at all hearings.

Sec. 22.8. - Appeals and stay.

A.

Appeals recourse from a zoning decision of the city council shall be in accordance with O.C.G.A. § 36-66-5.1(a)(l).

B.

Stay of proceedings are as provided for by O.C.G.A. § 36-66-5.1(d).

(Ord. No. 52-23, § 1, 7-6-23)

Sec. 22.9. - Standards for governing the exercise of zoning power.

A.

The following standards governing the exercise of the zoning power are adopted in accordance with O.C.G.A. § 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 relative gain to the public, as compared to the hardship imposed upon the individual property owner;

4.

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

5.

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

6.

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

7.

Whether the zoning proposal is in conformity with the then current future development plan and community agenda of the comprehensive land use plan as currently adopted or as amended in the future;

8.

Whether the zoning proposal will result in a use which will or could; adversely affect the environment, including, but not limited to, drainage, wetlands, groundwater recharge areas, endangered wildlife habitats, soil erosion and sedimentation, floodplain, air quality, and water quality and quantity;

9.

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

10.

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.

Said standards shall be printed and available for distribution to the public at all planning commission meetings and city council meetings in which zoning decisions or the exercise of zoning powers are being considered.

(Ord. No. 53-23, § 1, 7-6-23)

Sec. 22.10. - Public hearing records.

The city clerk shall mechanically record the proceedings of all zoning public hearings. If requested by any party, verbatim transcripts of the public hearing can be prepared, but only if requested and purchased in advance by the requesting party. The record of the public hearing and all evidence submitted at the public hearing shall be noted as such and shall become a permanent part of the particular zoning amendment's file.

Sec. 22.11. - Projects of regional impact.

Any development or proposed project which is considered to be a project of regional impact by the State of Georgia must first be submitted to Northwest Georgia Regional Commission for review in accordance with the applicable state regulations and statutes before any zoning action can be taken with respect to said project.

Sec. 22.12. - Annexation.

The zoning administrator and planning commission shall make recommendations to the mayor and city council on the initial zoning of land proposed to be annexed in the City of Cartersville, Georgia. Annexation applications, meeting the requirements of O.C.G.A. Title 36, Chapter 36, shall be submitted to the zoning administrator and shall include the following information. Additional information may also be requested by the zoning administrator:

1.

A legal description of said property to be annexed;

2.

Title opinion of an attorney certifying to ownership of the property or a notarized statement from the property owner as of the date of filing the application;

3.

A complete survey showing the property in relation to the present city boundary. Said survey shall be drawn to scale, showing north arrow, land lot and district, the dimensions, acreage and location of the tract prepared by an architect, engineer, landscape architect or land surveyor whose state registration is current and valid. The preparer's seal shall be affixed to the plat. The plat must be drawn in accordance with the GA State plane NAD83 West Zone US Feet, Coordinate System and all submissions are expected to be in True North, not magnetic north;

4.

A copy of the pertinent Bartow County Tax Map or maps showing where the property to be annexed is located in reference to existing municipal boundaries;

5.

Applicant's proposed initial zoning classification for the property under this chapter;

6.

Governmental services and utilities currently provided for the property to be annexed, either by Bartow County, public or private utilities, municipalities or authorities;

7.

County-owned public facilities of the area proposed to be annexed;

A vote by the mayor and city council on zoning for an annexation proposal shall not constitute final action on a zoning decision until the annexation is finally approved and effective, including pre-clearance pursuant to section 5 of the Voting Rights Act of 1975, as amended. No land annexed into the City of Cartersville, Georgia, shall be unzoned.

Sec. 22.13. - Multi-family and single-family residential per O.C.G.A. § 36-66-4(h).

Multi-family and single-family residential zoning decisions in which O.C.G.A. § 36-66-4(h) is applicable, shall comply with the requirements for hearings, meetings, and notification as required by O.C.G.A. § 36-66-4(h).

(Ord. No. 54-23, § 1, 7-6-23)