A zoning map amendment may be proposed by an individual or entity owning fee simple title to the subject property or [having] written authorization to act on behalf of such owner(s); provided, however, that no application or reapplication for any zoning map amendment affecting the same land or any portion thereof shall be acted upon within six months following the date of denial by the board of commissioners. Nothing in the ordinance shall prevent an applicant from withdrawing their application no later than seven calendar days prior to the scheduled public hearing; said withdrawal of the application shall not require the six-month waiting period stated above. If an applicant requests to withdraw their application in less than seven calendar days prior to the scheduled public hearing, said withdrawal request shall require action by the board of commissioners and may result in the application for the zoning amendment being denied and the six-month waiting period applicable. Any communication purporting to be an application for a zoning change shall be regarded as mere notice to seek change until it is made in the form required.

A petition for an amendment to the official zoning map, except those proposed by the board of commissioners or other county agents, shall be accompanied by a filing fee in an amount as set forth in the appendix to this ordinance, and shall be filed with the director, at least 45 days prior to the date of the board of commissioners' meeting at which the applicant wishes the petition to be considered.

An application for a zoning map amendment shall include the following:

(1)

A completed copy of the application for a zoning map amendment on the form provided by the community development department, with an attached legal description of the property, and a plat of the property drawn by a land surveyor. The applicant shall indicate on their zoning amendment application the stated use of the subject property. Furthermore, applicants submitting an application to rezone property to single-family residential, two-family, multifamily, commercial or industrial are required to include a professional type rendering of structures to be placed on the site. The rendering referred to above shall depict the project in detail sufficient for the public and the commission to understand the dimensions, location, nature and scope of the proposed development. There is no requirement that the rendering be in color or be drawn to exact scale.

(2)

A conceptual site plan depicting the proposed use of the property including:

(a)

A drawing of the subject district and immediate surrounding area, drawn to a scale of one inch equals 100 feet. The director may allow a smaller scale if deemed to be legible.

(b)

A correct scale and north arrow.

(c)

The proposed land use, zoning, and building outline as it would appear should the zoning map amendment application be approved.

(d)

The present zoning classification of all adjacent parcels.

(e)

The building outline, and maximum proposed height of all buildings, and/or structures.

(f)

The proposed location of all drives, streets, off-street parking and loading areas, and entry/exit points for vehicular traffic, using arrows to depict direction of movement.

(g)

Required yard setbacks appropriately dimensioned.

(h)

The location and extent of required buffer areas, depicting extent of natural vegetation and type and location of additional vegetation if required.

(i)

A location map showing all arterial and collector streets, and other significant landmarks, within two miles of the proposed district (no scale is required).

(j)

Topography at 20-foot contour intervals including source of datum.

(k)

Location and elevation of the 100-year floodplain on the property subject of the proposed zoning.

(l)

Delineation and dimensions of the boundary of the proposed district.

(m)

Name, address, and telephone number of the current boundary owner of the proposed district.

(n)

Name, address, and telephone number of owner's representative who is capable of answering questions regarding the site plan.

(o)

Location and acreage of all major utility easements greater than 20 feet in width, if applicable.

(p)

Acreage of property and proposed number of residential lots, dwelling units, or manufactured home spaces, if applicable.

(q)

Approximate location of septic and drainfield lines, replacement areas for septic system, stormwater detention structures, lakes, ponds, and any other improvements as required by the planning department.

Conceptual site plans shall be required with any rezoning application in which the application is to establish or expand any RC, RI-A, RRCC, RD, R-2, MH, VC, O-I, LUH, C-MU, C-LS, C-1, C-2, C-3, C-4, C-5, C-6, C-7, C-8, C-9, LM, or M district. Said site plan shall meet the requirements of section 290, item 2. Within ten working days of the receipt of such site plan, the director shall determine its compliance with article 29, section 290, item 2, and shall either accept it as being "sufficient" or reject as being "insufficient." If it is so rejected, a revised application may be submitted for the following application period. Once an application and filing fee for rezoning has been submitted to the county and accepted for review, the public hearing date set for its consideration cannot be postponed by request of the applicant.

(3)

DRI review procedures. The director may postpone local review of a conceptual site plan when the proposed development meets thresholds established by the department of community affairs in Table II, Developments of Regional Impact, Tiers and Development Thresholds Effective January 1, 2002 (as amended). Within ten days of receiving an application for rezoning that meets the above minimum standards, the director may notify the applicant that local review must be postponed until the regional commission (RC) and the Georgia Regional Transportation Authority (GRTA) determine the DRI status of the proposed development and that the "Initial DRI Information" form has been submitted to the RC. The director shall provide the applicant a copy of the RC determination and the GRTA determination of DRI status. If neither the RC nor the GRTA require regional review, the application may be submitted for the following application cycle.

If the RC and/or the GRTA require regional review, the director may postpone local review of a conceptual site plan. The applicant must provide a written agreement to postpone the local review of the application until the RC and GRTA reviews are complete. The applicant shall attach to the rezoning application all information required for, or produced from, the RC and GRTA reviews. The application may be submitted for the following application cycle.

(Ord. No. 027-09, 9-1-09; Ord. No. 005-10, 5-18-10; Ord. No. 030-14, 8-19-14; Ord. No. 009-20, 1-7-20; Ord. No. 011-21, 5-18-21)

All proposed amendments to the official zoning map, except those initiated by the board of commissioners, shall be reviewed by the director for consistency with the county's comprehensive plan, and the future development map and associated goals and objectives.

The director may circulate the application and/or appropriate materials regarding said application to those agencies, departments, and/or entities of government which he deems to be appropriate for solicitation of comments.

The director shall transmit comments and recommendations concerning the application to the board of commissioners prior to the date scheduled by the board for its consideration of the application.

The board of commissioners or the director may initiate a text amendment to this ordinance. Text amendments by the board of commissioners shall not require review by the director. An individual may make a request for a text amendment, but a text amendment shall not be formally initiated in accordance with Section 292 without approval of the board of commissioners.

(Ord. No. 009-20, 1-7-20; Ord. No. 011-21, 5-18-21)

Before adopting any amendment or change to this ordinance, the board of commissioners shall hold a public hearing thereon, official notice of which shall be given in a newspaper of general circulation in Coweta County, at least 15 days, but not more than 45 days, prior to the hearing.

The newspaper notice of the public hearing shall include the time, place, and purpose of the hearing. In addition, if the proposed amendment involves a proposed zoning classification change of a parcel of land (a proposed zoning map amendment), the newspaper notice of the public hearing shall include the location of the property, the present zoning classification and the proposed zoning classification.

Whenever a proposed amendment to this ordinance, initiated by a party other than Coweta County, involves changing the zoning classification of property from one type of zone to another, the board of commissioners shall cause to be posted in a conspicuous place on the property a sign not less than 15 days prior to the date of the hearing. Such posted sign shall be not less than 12 square feet in area, and shall contain information as to the proposed zoning change and the date, time, and place of the public hearing before the board of commissioners. Proposed zoning text amendments and proposed revisions of the zoning map which are initiated by the board of commissioners shall not require the posting of signs on the affected property.

The director will notify, by first class mail, all property owners by letter within 250 feet of the property that is petitioned to be rezoned. Coweta County Tax Assessor records will be the source by which property ownership is derived and shall be deemed to be a sufficient list of property ownership.

(Ord. No. 009-20, 1-7-20)

The Board of Commissioners shall hold a public hearing on zoning amendment petitions in compliance with Georgia law.

The calling, governing and conducting of hearings shall be accomplished in accordance with Georgia law and the Rules Governing Commission Meetings as adopted by the Board of Commissioners.

(Ord. No. 000-11, 1-18-11; Ord. No. 008-23, 3-7-23)

In ruling on any application for a zoning map amendment, the board of commissioners shall act in the best interest of the health, safety, morals, and general welfare of the county. In doing so the board will consider one or more of the following factors as these factors may be relevant to the application:

(1)

The existing land use pattern;

(2)

The possible creation of an isolated district unrelated to adjacent and nearby districts;

(3)

The population density pattern and possible increase or overtaxing of the load on public facilities including, but not limited to, schools, utilities, and streets;

(4)

The cost of the county and other governmental entities in providing, improving, increasing or maintaining public utilities, schools, streets and other public safety measures;

(5)

The possible impact on the environment, including, but not limited to, drainage, soil erosion and sedimentation, flooding, air quality and water quantity;

(6)

Whether the proposed zoning map amendment would have an adverse impact on the value, use, enjoyment, or potential development of adjacent property;

(7)

Whether there are substantial reasons why the property cannot be used in accordance with existing regulations;

(8)

The aesthetic effect of existing and future use of the property as it relates to the surrounding area;

(9)

The possible effects of the proposed zoning map amendment on the character of a zoning district, a particular piece of property, neighborhood, a particular area, or the community;

(10)

The relation that the proposed zoning map amendment bears to the purpose of the overall zoning scheme, with due consideration given to whether or not the proposed change will help carry out the purposes of those zoning regulations;

(11)

The consideration of the preservation of the integrity of residential neighborhoods shall be considered to carry great weight;

(12)

In those instances in which property fronts on a major thoroughfare and also adjoins an established residential neighborhood, the factor or [of] preservation of the residential area shall be considered to carry great weight;

(13)

Any other factors relevant to the balancing of interests in promoting the public health, safety, morality or general welfare against a right to unrestricted use of property;

(14)

Whether the proposed zoning map amendment is consistent or inconsistent with the county's comprehensive plan, future development map and associated goals and objectives.

After hearing evidence at the zoning hearing the board of commissioners shall apply the evidence to the standards of review in making their decision. It will not be required that the board of commissioners consider every criteria contained in the standards of review. It shall be the duty of the applicant to carry the burden of proof that the proposed zoning map amendment promotes the public health, safety, morality or general welfare.

If the board of commissioners determines from the ordinance presented that the applicant has shown that the proposed zoning map amendment promotes the health, safety, morals and general welfare under the standards of review, then the application shall be granted, subject to those reasonable conditions as may be imposed by the commissioners pursuant to section 295. Otherwise, the commission shall deny the application or impose upon said property any appropriate zoning classification, including conditions allowed by section 295, which might be consistent with the considerations contained in the "standards of review" presented above.

If the proposed project is to be served with an on-site septic system, the applicant shall be required, as a condition of approval, to submit a soil analysis prior to the issuance of any development permits. The soil analysis shall be prepared by and bear the seal of a Georgia registered engineer who is practicing geotechnical engineering, and shall be acceptable to the county's environmental health department requirements as follows:

The soil analysis must be a comprehensive soil analysis showing soil classifications, predicted and/or measured seasonal high ground water levels, perched water tables, or other restrictive layers such as rocks. The report shall also include wetland delineation and any soil features or conditions which may affect the proper function of subsurface sewage disposal, including absorption rates at specific depths.

(Ord. No. 009-20, 1-7-20)

In deciding upon any application for a zoning map amendment, the board of commissioners may, on their own motion or upon the suggestion of the applicant, grant the application subject to certain conditions necessary to promote and protect the health, safety, morals and general welfare of the county. Such conditions shall be imposed for the benefit of the community to lessen any negative effects that the zoning map amendment may cause.

The board of commissioners may grant any zoning map amendment and include conditions as follows:

(1)

Such conditions as are deemed necessary to protect neighbors and to lessen any negative effects of the zoning change.

(2)

That the rezoning is conditional upon the condition that the applicant or any successor in title may implement only those uses and only in such manner as is depicted upon any site plan submitted and approved with the application.

Prior to a final vote being taken upon any application for a zoning map amendment in which conditions shall be imposed, such conditions will be announced at the meeting and the applicant shall be afforded an opportunity to present its position on such conditional requirements.

If the board of commissioners adopts a zoning map amendment which contains conditional requirements, such requirements shall become a part of this ordinance and the official zoning map. Such conditions shall be binding upon all owners of the property until removed or modified by the board of commissioners. The director shall so indicate in the records of the zoning actions the existence of conditional requirements. Furthermore, should the board of commissioners limit the permitted uses of the zoning district by a zoning condition, such property shall thereafter carry the suffix "c" to indicate such property has been conditionally zoned (e.g. C-6c, LMc, Mc, etc.).

(Ord. No. 035-08, 11-18-08; Ord. No. 009-20, 1-7-20; Ord. No. 011-21, 5-18-21; Ord. No. 016-24, 9-17-24)

Procedures for removing any conditional requirements shall be the same as any other zoning amendment.

The following information must be obtained for a rezoning hearing. This information becomes part of the record.

(a)

Financial disclosure form for commissioners.

(b)

Financial disclosure form concerning a rezoning applicant.

(c)

Financial disclosure form concerning any individual whom [who] wishes to address the board during a rezoning hearing.

Disclosure forms are available in the community development department.

(Ord. No. 009-20, 1-7-20)

A zoning map amendment may be proposed by an individual or entity owning fee simple title to the subject property or [having] written authorization to act on behalf of such owner(s); provided, however, that no application or reapplication for any zoning map amendment affecting the same land or any portion thereof shall be acted upon within six months following the date of denial by the board of commissioners. Nothing in this ordinance shall prevent an applicant from withdrawing their application prior to commission action; said withdrawal of the application shall not require the six-month waiting period stated above. Any communication purporting to be an application for a zoning change shall be regarded as mere notice to seek change until it is made in the form required.

A petition for an amendment to the official zoning map or text, except those proposed by the board of commissioners or other county agents, shall be accompanied by a filing fee in an amount as set forth in the appendix to this ordinance, and shall be filed with the director.

An application for a zoning map amendment shall include the following: A completed copy of the application for a zoning map amendment on the form provided by the director, with an attached legal description of the property, and a plat of the property drawn by a registered land surveyor. The applicant shall indicate on their zoning amendment application the stated use of the subject property.

(a)

Staff review of application. All proposed amendments to the official zoning map or text, except those initiated by the board of commissioners, shall be reviewed by the director for consistency with the county's comprehensive plan, future development map and associated goals and objectives.

The director may circulate the application and/or appropriate materials regarding said application to those agencies, departments, and/or entities of government which he deems to be appropriate for solicitation of comments.

The director shall transmit to the board of commissioners his comments and recommendations concerning the application, prior to the date scheduled by the board for its consideration of the application.

(b)

Notification and public hearing. Before adopting any amendment or change to this ordinance, the board of commissioners shall hold a public hearing thereon, official notice of which shall be given in a newspaper of general circulation in Coweta County, at least 15 days, but not more than 45 days, prior to the hearing.

The newspaper notice of the public hearing shall include the time, place and purpose of the hearing. In addition, if the proposed amendment involved a proposed zoning classification change of a parcel of land (a proposed zoning map amendment), the newspaper notice of the public hearing shall include the location of the property, the present zoning classification and the proposed zoning classification.

Whenever a proposed amendment to this ordinance, initiated by a party other than Coweta County, involves changing the zoning classification of property from one type of zone to another, the board of commissioners shall cause to be posted in a conspicuous place on the property a sign not less than 15 days prior to the date of a hearing. Such posted sign shall be not less than 12 square feet in area, and shall contain information as to the proposed zoning change and the date, time and place of the public hearing before the board of commissioners. Proposed zoning text amendments and proposed revisions of the zoning map which are initiated by the board of commissioners shall not require the posting of the signs on the affected property.

(c)

Hearings on proposed zoning amendments; procedures. The board of commissioners shall hold a public hearing on zoning amendment petitions pursuant to this section as soon as practicable taking into account required advertising. The calling, governing and conduction of hearings shall be accomplished in accordance with the following policies and procedures set out in section 293 of this ordinance.

(d)

Standards of review. In ruling on any application for a zoning map amendment, the board of commissioners shall act in the best interest of the health, safety, morals, and general welfare of the county. In doing so, the board will consider one or more of the following factors as these factors may be relevant to the application:

(1)

The existing land use pattern;

(2)

The possible creation of an isolated district unrelated to adjacent and nearby districts;

(3)

The population density pattern and possible increase or overtaxing of the land on public facilities including, but not limited to, schools, utilities and streets;

(4)

The cost of the county and other governmental entities in providing, improving, increasing or maintaining public utilities, schools, streets, and other public safety measures;

(5)

The possible impact on the environment, including, but not limited to, drainage, soil erosion and sedimentation, flooding, air quality and water quality;

(6)

Whether the proposed zoning map amendment would have an adverse impact on the value, use, enjoyment, or potential development of adjacent property;

(7)

Whether there are substantial reasons why the property cannot be used in accordance with existing regulations;

(8)

The aesthetic effect of existing and future use of the property as it relates to the surrounding area;

(9)

The possible effects of the proposed zoning map amendment on the character of a zoning district, a particular piece of property, neighborhood, a particular area, or the community;

(10)

The relation that the proposed zoning map amendment bears to the purpose of the overall zoning scheme, with due consideration given to whether or not the proposed change will help carry out the purposes of those zoning regulations;

(11)

The consideration of the preservation of the integrity of residential neighborhoods shall be considered to carry great weight;

(12)

In those instances in which property fronts on a major thoroughfare and also adjoins an established residential neighborhood, the factor or (of) preservation of the residential area shall be considered to carry great weight;

(13)

Any other factors relevant to the balancing of interests in promoting the public health, safety, morality, or general welfare against a right unrestricted use of property;

(14)

Whether the proposed zoning map amendment is consistent or inconsistent with the county's comprehensive plan, the future development map and associated goals and objectives.

After hearing evidence at the zoning hearing the board of commissioners shall apply the evidence to the standards of review in making their decision. It will not be required that the board of commissioners consider every criteria contained in the standards of review. It shall be the duty of the applicant to carry the burden of proof that the proposed zoning map amendment promotes the public health, safety, morality or general welfare.

(Ord. No. 005-10, 5-18-10; Ord. No. 009-20, 1-7-20)