Flowery Branch City Zoning Code

Any public hearing required by this zoning ordinance for an application for rezoning (amendment to the official zoning map), conditional use, variance (whether filed individually or concurrently with another application), any zoning ordinance brought forward by a member of the governing authority or city administration, and administrative appeal shall be called and conducted in accordance with the procedures of this Article. Nothing contained in this Article shall be construed as prohibiting a presiding officer from conducting a public hearing in a fair, orderly, and decorous manner.

(Ord. No. 779, § 1(Exh. A), 4-2-2026)

The presiding officer shall preside over the public hearing. In the case of the Governing Body, the Mayor shall preside, or in the absence of the Mayor, the Mayor Pro-Tem shall preside. If neither is present to preside, another member of the Governing Body shall be designated to preside.

(Ord. No. 779, § 1(Exh. A), 4-2-2026)

(a)

The presiding officer shall indicate that a public hearing has been called on one or more applications made, shall summarize the processes required by this zoning ordinance, and shall open the public hearing.

(b)

Thereupon, the presiding officer shall call the first case and the hearing body shall consider each application on an individual basis in succession as printed on the published agenda or as otherwise approved by the hearing body; provided, however, that the presiding officer may at his or her discretion call and consider more than one application simultaneously when more than one application involves the same piece of property, and when proceedings would be efficiently completed by combining separately required public hearings and discussing more than one scheduled matter as a single group of applications, subject to the limitations on decisions involving simultaneous processing of applications as specified in this zoning ordinance.

(Ord. No. 779, § 1(Exh. A), 4-2-2026)

Upon opening the public hearing, the presiding officer shall recognize the Zoning Administrator, who shall provide a summary of the application and present any recommendations or results of investigations. Upon recognition by the presiding officer, any member of the Governing Body may ask questions of the Zoning Administrator.

(Ord. No. 779, § 1(Exh. A), 4-2-2026)

(a)

When an individual application comes up for hearing, the presiding officer may ask for a show of hands of those persons who wish to appear in support of the application. If it appears that the number of persons wishing to appear in support of the application is in excess of that which may reasonably be heard, the presiding officer may request that a spokesperson for the group be chosen to make presentations.

(b)

Following the report of the Zoning Administrator, the presiding officer shall first recognize the applicant or his or her agent, spokesperson, or each of them, who may present and explain the application.

(c)

There shall be a minimum time period of ten (10) minutes per application at the public hearing for the proponents, which includes the applicant or their agent, to present data, evidence, and opinions; however, the Governing Body shall not be obligated to provide the full ten-minute period to the proponents if they elect not to use that much time. Any member of the Governing Body upon recognition by the presiding officer may ask questions of the applicant or agent of the applicant, or anyone else speaking in favor of an application. The period of time during which the governing body asks questions of the applicant or agent of the applicant or others wishing to speak in support and those in support answer such questions shall not count towards the time limit for the proponents.

(d)

Prior to speaking, each speaker will identify him or herself and state his or her current address. Each speaker may speak only to the proposed application under consideration and shall address his or her remarks only to the hearing body. Each speaker shall refrain from personal attacks on any other speaker or the discussion of facts or opinions irrelevant to the proposed application under consideration. The presiding officer may limit or refuse a speaker the right to continue if, after first being cautioned, the speaker continues to violate this procedure.

(Ord. No. 779, § 1(Exh. A), 4-2-2026)

(a)

At the conclusion of comments made by proponents, the presiding officer shall allow those wishing to speak in opposition to address the governing body. If it appears that the number of persons wishing to speak in opposition exceeds that which may reasonably be heard, the presiding officer may request that a spokesperson be selected for the group.

(b)

There shall be a minimum time period of ten (10) minutes per application at the public hearing for the opponents to present data, evidence, and opinions and ask questions; however, the Governing Body shall not be obligated to provide the full ten-minutes per application to the opponents if they elect not to use that much time.

(c)

Prior to speaking, each speaker will identify him or herself and state his or her current address. Each speaker may speak only to the proposed application under consideration and shall address his or her remarks only to the hearing body. Each speaker shall refrain from personal attacks on any other speaker or the discussion of facts or opinions irrelevant to the proposed application under consideration. The presiding officer may limit or refuse a speaker the right to continue if, after first being cautioned, the speaker continues to violate this procedure.

(d)

Upon recognition by the presiding officer, any member of the Governing Body may ask questions of anyone speaking in opposition. The period of time during which the governing body asks questions of anyone speaking in opposition and those in opposition answer such questions shall not count towards the time limit for the opponents.

(Ord. No. 779, § 1(Exh. A), 4-2-2026)

At the conclusion of testimony from opponents, the applicant or his or her agent, or both, shall be allowed a short opportunity to provide final comments and remarks if there is any time remaining from the ten (10) minutes originally afforded to the proponents. Any member of the Governing Body upon recognition by the presiding officer may ask questions of the applicant, his or her agent, or both. The period of time during which the governing body asks questions of the applicants and the applicants respond to such questions during final comments shall not count towards the time limit for the applicants.

(Ord. No. 779, § 1(Exh. A), 4-2-2026)

The presiding officer, may, in his or her discretion, allow additional time for comments on an application, provided however, that an equal amount of additional time shall be afforded to proponents and opponents. After the foregoing procedures have been completed, the presiding officer will indicate that the public hearing is closed. Upon the closing of the public hearing, the applicant or his agent and any member of the public shall no longer address the Governing Body in any way, including hand waving or motions for attention.

(Ord. No. 779, § 1(Exh. A), 4-2-2026)

(a)

At the conclusion of the hearing, with respect to any ordinance pending before the governing body associated with an application (including any zoning or land use ordinance before the governing authority due to the action of the governing body or city administration), the governing authority may:

i)

Vote to deny its passage regardless of whether the ordinance is before the governing body for a first or second read, provided that a denial of the ordinance upon its first read shall preclude the necessity of a second reading, and such denial shall be considered final action; or

ii)

Allow an ordinance that has only had one read to advance to a second reading, provided that any ordinance not denied after the first reading shall advance to a second reading and appear as an agenda item at the next regular meeting of the governing authority notwithstanding whether the governing authority voted to advance the ordinance to a second reading; or

iii)

Vote to amend an ordinance regardless of whether the ordinance is before the governing body for a first or second read, provided that final approval of an amended ordinance shall require an affirmative vote after a second reading; or

iv)

Vote to postpone the second reading of an ordinance or vote to postpone the final vote regarding an ordinance after a second reading, provided that such postponement and final vote shall be held no more than ninety (90) days from the date of the public hearing.

(b)

After hearing evidence, in making a decision, the Governing Body shall apply the evidence to the criteria specified in this zoning ordinance for the application in question and other considerations and recommendations as may be considered appropriate. It shall be the duty of the applicant to carry the burden of proof that approval of the proposed application will promote the public health, safety, morality or general welfare.

(c)

If the hearing body determines from the evidence presented by the applicant has shown that the proposed application promotes the health, safety, morals, and general welfare under applicable criteria, then the application shall be granted, subject to those reasonable conditions as may be imposed by the Governing Body on its own initiative or as recommended by the Zoning Administrator. Otherwise, such application shall be denied.

(d)

In cases where one or more companion applications are submitted and the Governing Body attaches conditions to the application, such conditions shall, unless specifically stated otherwise, become conditions of approval for each companion application.

(Ord. No. 779, § 1(Exh. A), 4-2-2026)