(a)

The city council may from time to time amend the boundaries of the districts established on the Official Zoning Map of the City of Greensboro. Any proposed amendment shall first be submitted to planning commission for its recommendation. The planning commission has 30 days following the public hearing within which to submit its report. If the planning commission fails to submit a report within the 30-day period, it is deemed to have recommended approval of the proposed amendments.

(b)

Notwithstanding the foregoing, the city council may from time to time amend the text of the ordinances set forth in this chapter. Such text amendment shall be accomplished pursuant to sections 1-5 and 2-21(8).

(Zoning Ord. 2007, § 14.1)

An application for a boundary amendment must be filed with the zoning administrator at least 30 days prior the planning commission meeting at which the request will be heard. An application for amendment must contain the following information:

(1)

A survey of the property prepared by a licensed surveyor showing existing and proposed structures and uses, access drives, easements, utilities, buffers, existing zoning, and any other supporting documentation required by the zoning administrator to assist the city council in rendering a decision, including concept plans.

(2)

A list of adjoining property owners as shown on the tax rolls.

(3)

Any additional information the application or the zoning administrator believes to be pertinent.

(4)

Additionally, the applicant, if other than the city council, must pay the required application fee to cover the administrative and adverting costs of the application and sign a statement certifying he has at least a 51 percent ownership interest in the property.

(5)

Once the application is submitted it cannot be amended. Incomplete applications will not be processed.

(6)

The zoning administrator shall present the application and all its supporting documents, along with a written analysis of the requested zoning's impact, to the planning commission prior to the public hearing on the application. The written analysis shall show that the zoning administrator has considered the proposed change in relation to the following, where applicable:

a.

What is the existing land use pattern in the area?

b.

Would approval create an isolated district designation unrelated to adjacent and nearby district designations?

c.

Would approval significantly increase or possibly overtax available infrastructure including, but not limited to schools, streets, and public safety services?

d.

Are the existing boundaries illogically drawn in relation to existing conditions on the property proposed for change?

e.

Would changed or changing conditions make the passage of the proposed amendment necessary?

f.

Will the proposed change adversely influence living conditions in the neighborhood?

g.

Will the proposed change create or excessively increase traffic congestion or otherwise affect public safety?

h.

Will the proposed change seriously reduce light and air to adjacent areas?

i.

Will the proposed change adversely affect property values in the adjacent area?

j.

Will the proposed change be a deterrent to the improvement or development adjacent property in accordance with existing regulations?

k.

Will the proposed change constitute a grant of special privilege to an individual owner as contrasted with the public welfare?

l.

Are the substantial reasons why the property cannot be used in accordance with its existing zoning?

m.

Is the proposed change out of scale with the needs of the neighborhood or the City of Greensboro?

n.

To what extent is the proposed change consistent with the City of Greensboro's comprehensive plan?

o.

What other factors, if any, should be considered in balancing the interest in promoting the public health, safety morality or general welfare against the right to unrestricted use of the property?

(Zoning Ord. 2007, § 14.2)

(a)

Public hearing required. Before enacting an amendment to this chapter, one public hearing must be held by the planning commission.

(b)

Applicant notification. The zoning administrator must notify the applicant of the date, time, and place of the required public hearing.

(c)

Publication of notice. Not less than 15 days and not more than 45 days prior to the date of the public hearing, the zoning administrator inspector shall advertise the date, time, place and purpose of the public hearing in a newspaper of general circulation in the City of Greensboro. The notice shall also include the location of the property, the present zoning classification of the property, and the proposed zoning of the property.

(d)

Sign.

(1)

In addition to the newspaper notice and not less than 15 days prior to the planning commission public hearing, the zoning administrator shall cause to have posted in a conspicuous place on the lot or parcel to be rezoned, one or more signs, which shall provide adequate notice of the zoning action.

(2)

If, because of circumstances peculiar to the location of the property to be posted, the sign will either be inconspicuous or invisible from any well-traveled right-of-way, the sign shall be posted on the property to be rezoned and on other property in such a location that it is likely to be seen by persons potentially interested in the decision.

(e)

Notice to adjacent property owners. At least 15 but not more than 45 days prior to the date of the public hearing, the zoning administrator shall notify all persons owning property within a radius of 300 feet of the property to be affected. The failure to notify as provided herein shall not invalidate any recommendations adopted hereunder.

(f)

Planning commission action.

(1)

A public hearing is scheduled by the zoning administrator. The planning commission may recommend that the application be granted as requested, or it may recommend a modification of the zoning amendment requested in the application, or it may recommend that the application not be granted. The planning commission must transmit its recommendation to the city council within 30 days. If the planning commission fails to submit its recommendations within the 30-day period, it is deemed to have recommended approval of the proposed amendment.

(2)

The planning commission must investigate each zoning application and make its recommendations to the city council. Such recommendations shall become part of the official public record relating to the application.

(3)

Withdrawal.

a.

If an application for an amendment to this chapter or the official zoning map is withdrawn in writing by the applicant at any time after the publication of the newspaper notice and posting of the required sign, but prior to the public hearing, then the same property may not be considered for zoning by the planning commission until the expiration of at least 60 days immediately following the withdrawal of the rezoning application. The withdrawal must be in writing and signed by the applicant.

b.

The application will be considered to have been withdrawn if the applicant, his authorized agent or his attorney fails to appear at the planning commission hearing. By withdrawing in this manner, the same property may not be considered for rezoning by the planning commission until the expiration of at least 60 days from the date of the scheduled public hearing for which the applicant failed to appear.

(g)

City council action. The city council shall review the record prepared by the planning commission and vote on the proposed amendment to the zoning ordinance or the zoning map. The city council may approve, approve with conditions, or deny the application. Within seven days of its decision, the city council shall notify the applicant. If the city council fails to act on the application within 30 days of its submission to the board, the application is deemed to have been approved. If the zoning ordinance amendment or official comprehensive zoning map amendment is denied by the city council, then the same property may not be considered for rezoning until the expiration of at least one year immediately following the denial of the rezoning by the city council.

(h)

Zoning amendment criteria.

(1)

In the adoption of a zoning ordinance, an amendment to an existing zoning ordinance or amendment to the official comprehensive zoning map, the city council shall consider factors relevant in balancing the interest in promoting the public health, safety, morals or general welfare against the right of the individual to the unrestricted use of property and must specifically consider the following factors as they may be relevant to the application:

a.

The existing land use pattern;

b.

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

c.

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

d.

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

e.

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

f.

Whether the proposed zoning map amendment will be a deterrent to the value or improvement or development of adjacent property in accordance with existing regulations;

g.

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

h.

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

i.

The extent to which the proposed zoning map amendment is consistent with the comprehensive plan;

j.

The possible effect 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;

k.

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 these zoning regulations;

l.

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

m.

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

(2)

After hearing evidence at the zoning hearing, the planning commission shall apply the evidence of the zoning amendment criteria in making their decision. It will not be required that the planning commission 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.

(i)

Procedure for conducting a public hearing.

(1)

All public hearings held pursuant to this chapter shall be conducted as follows:

a.

The presiding officer shall allow the zoning administrator to present an overview of the application. Following this presentation, the applicant or the applicant agent or attorney shall be allowed to present the applicant's case and then shall be afforded an opportunity, prior to the closing of the public hearing, to answer questions and respond to objections of others in attendance. There is a minimum of ten minutes for presentation of data, evidence, and opinion by proponents of each zoning decision and a minimum of ten minutes for presentation by opponents of each proposed zoning decision.

b.

Others desiring to speak or make a statement shall be given reasonable opportunity to do so but must first be recognized by the presiding officer. Upon rising to speak, the person recognized will state his name. The presiding officer may also request that the person furnish a home or business street address, as may be appropriate. The person speaking will be allowed two minutes to express opinions and make points on each separate element of the proposed revision which they wish to address, with a maximum to ten minutes allowed per person.

c.

Groups, affiliations, and associations shall designate a spokesperson who shall speak for the group. The spokesperson will be allowed a total of 30 minutes to express opinions and make points on the proposed revisions.

d.

Both proponents and opponents of the matter under consideration shall be given comparable time and opportunity by the presiding officer to speak.

e.

Questions shall be directed only to the presiding officer who shall respond or designate another person for the response.

f.

The presiding officer may limit or terminate the discussion, statements or comments because of time, repetitiveness or irrelevancy.

(2)

After all discussion concerning the zoning application is concluded, the presiding officer shall close the public hearing for that particular zoning application, and shall address each zoning criteria listed in subsection (h) of this section. The rationale as well as the determination for each standard will be duly recorded in the minutes.

(j)

Meeting format.

(1)

Minutes of the meeting will be taken by the planning commission secretary. Should a complete transcript of the meeting be requested, it will be provided at the expense of the person making the request.

(2)

Following is an outline of how the meeting will be held:

a.

Hearing called to order.

b.

Proposal or ordinance summarized.

c.

Applicant or proponent states his case.

d.

Persons in favor testify.

e.

Persons against testify.

f.

Hearing closed.

g.

Recommendations submitted by planning board to official body.

(Zoning Ord. 2007, § 14.3)

The same criteria shall be used to evaluate and determine if changes proposed by the city council and/or the planning commission are to be recommended.

(Zoning Ord. 2007, § 14.4)

The criteria in this article shall be available to the public to aid in the preparation for a change in this chapter or the Official Zoning Map of the City of Greensboro, Georgia.

(Zoning Ord. 2007, § 14.5)