The mayor and council may from time to time, after receiving a report from the planning commission and after public hearings are held as required by law, amend, supplement, or change these regulations or the boundaries of the zoning districts. Any amendment, supplement, or change may be initiated by the planning commission, the mayor and council, city staff, the property owner, or by a person holding a lease or option on the property with the consent of the owner.

The mayor and council declares the enactment of these regulations governing the use and development of land, buildings, and structures as a measure necessary to the orderly development of the community. Therefore, no change shall be made in these regulations or in the boundaries of the zoning districts except:

a.

To correct a manifest error in the regulations or map; or

b.

To recognize changed or changing conditions or circumstances in a particular area; or

c.

To recognize changes in technology, the style of living, or the manner of doing business.

No request to amend the boundaries of any zoning district shall be considered unless the area to be rezoned is designated for the proposed use in the city's future land use plan, or unless and until the future land use plan is first appropriately amended to reflect this change in planned use.

All amendments shall first be submitted to the planning commission for its review and recommendations. The planning commission shall have thirty (30) days from the date of the public hearing in which to conduct its review and submit its recommendation to the mayor and council. If the planning commission fails to submit a report within thirty (30) days, it shall be deemed to have recommended the adoption of the proposed amendments. In reviewing and evaluating a requested zoning change, the planning commission shall consider the following factors:

a.

Whether the uses to be permitted by the proposed change would be appropriate in the area concerned based on declaration of zoning change policy identified in section 11.010.

b.

Whether adequate public school facilities and other public services exist or can be provided to serve the needs of additional residences likely to be constructed as a result of such change, and the consequences of such change.

c.

Whether the proposed change is in accord with any existing or proposed plans for providing public water and sanitary sewerage to the area.

d.

The factors listed in Article I, section 1.060 of this ordinance.

Before enacting an amendment to this ordinance, the mayor and council shall hold a public hearing regarding the proposed amendment. Notice of the time, place, and purpose of the hearing shall be advertised at least fifteen (15) days but not more than forty-five (45) days prior to the scheduled date of the hearing in the official legal organ. The mayor and council authorize the planning commission to conduct the public hearings.

11.031.

Planning commission hearing procedures.

a.

Presiding officer. The presiding officer shall preside over the respective public hearing. In the case of the planning commission, the chairman of said commission shall preside, or in the absence of the chairman, the vice chairman or if neither is present to preside, another member of the commission shall be designated to preside.

b.

Opening of the public hearing. The presiding officer shall indicate that a public hearing has been called on one or more applications made pursuant to the Grovetown Zoning Ordinance or other requirements, and shall open the public hearing. Thereupon, the presiding officer shall call the first item and the commission shall consider each application on an individual basis in succession as printed on the published agenda or as otherwise approved by the commission 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 the hearing and discussion on more than one scheduled matter.

c.

Report of staff. Upon opening the public hearing, the presiding officer shall recognize the city staff, who shall provide a summary of the application and present any recommendations or results of investigations. The staff shall with respect to each zoning proposal investigate and make an oral statement of the findings and provide an overview of the written staff report regarding each matter before the commission. Any member of the hearing body upon recognition by the presiding officer may ask questions of the staff providing the report or recommendations.

Copies of the written staff recommendation shall be available on request to interested members of the public.

d.

Applicant. Following the report of the staff, the presiding officer shall recognize the applicant or his or her agent, spokesperson, or each of them, who shall present and explain the application. There shall be a minimum time period of ten (10) minutes per application at the public hearing for the applicant to present data, evidence, and opinions; the city shall not be obligated to provide the full ten-minute period to the applicant if he or she elects not to use that much time. Any member of the hearing body, upon recognition by the presiding officer, may ask questions of the applicant or agent of the applicant.

e.

Public. At the conclusion of the applicant's presentation, the presiding officer shall initiate the public comment portion of the public hearing. There shall be a minimum time period of ten (10) minutes per application during the public hearing for the proponents and ten (10) minutes per application during the public hearing for the opponents to present data, evidence, and opinions; the city shall not be obligated to provide the full ten-minute period to the proponents and opponents if they elect not to use that much time.

Prior to speaking, each speaker shall complete and submit a public comment card and upon speaking shall identify him or herself and state his or her current address. Each speaker shall speak only to the merits of 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 the speaker, after first being cautioned, continues to violate this procedure.

f.

Applicant's rebuttal. At the conclusion of public comment, or upon the expiration of time allotted for public comment, the applicant of his or her agent, or both, shall be allowed a short opportunity for rebuttal and final comment, and the time devoted to any rebuttal shall be counted toward the total ten (10) minutes allotted to the applicant under subsection (d) above. Any member of the hearing body, upon recognition by the presiding officer, may ask questions of the applicant, his or agent, or both.

g.

Close of hearing. After the above procedure has 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 members of the public shall no longer address the hearing body in any way, including hand waving or motion for attention; provided, however, that at any time considered appropriate the presiding officer may permit commission members to ask questions directly to the applicant, staff, or any speaker.

h.

Decision. After the public hearing is closed, the hearing body may either vote upon the application or may delay its vote to subsequent meeting provided that notice of the time, date and location when such application will be further considered shall be announced at the meeting during which the public hearing is held.

Consistent with the provisions of this ordinance, the mayor and council may approve or deny any change in these regulations which have been submitted to the planning commission for review and recommendation.

Appeals from the decision of the mayor and council regarding the adoption or disapproval of a zoning amendment shall be made to the Superior Court of Columbia County pursuant to O.C.G.A. § 36-66-5.1(a)(1). All such challenges or appeals shall be brought within 30 days of the council's written decision. The board of zoning appeals shall have no jurisdiction over such appeals, and therefore shall not be authorized to hear such appeals.

When the mayor and city council denies a requested zoning change, no new applications for the same zoning change, or the rezoning of the same property, shall be accepted by the planning commission within a period of twelve (12) months of the date of the denial of the original request by the mayor and council.

Prior to the mayor and council's vote on the first reading of a requested zoning change, the party requesting the change in zoning may withdraw his request. In such case, the request shall be considered as though it were never proposed except that its withdrawal and any consideration shall be entered into the minutes of the proceeding. Withdrawn requests therefor may be exempted from the provisions of section 11.060, and resubmitted for formal action as though it were a new request.

Any person or persons desiring a change in the existing boundaries of any zoning district shall first file an application requesting such change, together with a plat of the property to be changed with the director. The applicant shall also submit to the director any information requested by the planning commission concerning the property proposed for rezoning, including, but not limited to, information regarding neighboring uses, property ownership, and existing zoning, and all proposed or intended uses to be developed on the property, as well as all site and/or building plans for such uses.

a.

Upon filing of a petition for a zoning change and receiving notice of the date of the public hearing concerning the petitioned request, the applicant shall at his expense erect or cause to be erected in a conspicuous location on the property in question a sign giving public notice of both the existing zoning district in which the property is located and the requested change, the scheduled date and time for the public hearing, and the name and address of the property owner. Said sign shall meet all standards as outlined in section 13-6(d) of the City of Grovetown Code of Ordinances. The sign shall be placed on the property not less than fifteen (15) days prior to the date of the public hearing.

b.

The public hearing shall be advertised and conducted as provided in this article, and any amendment involving the petitioned request for rezoning property, said property shall be fully described by legal address and parcel number in the advertisement and shall state the existing and proposed zone in which the property is located.

a.

Uses in all areas annexed to the city shall be subject to the regulations of the lowest density residential district until the zoning for such areas are established by the mayor and council.

b.

The planning commission shall, as soon as practical after the annexation of any area, institute proceedings on its own motion to establish zoning districts throughout the newly annexed area, and the procedure to be followed shall be the same as is provided by law for the adoption of original zoning districts governing other parts of the municipality.