The text of this chapter, as well as the official zoning map, may be amended by the mayor and council on its own motion, or on application or recommendation by the building official, any public agency, or department of the city.

(Code 1981, § 8-5-261; Ord. No. 97-05, § 1, 7-8-1997)

(a)

A zoning map amendment may be proposed by an individual or entity owning fee simple title to the subject property or written authorization to act on behalf of such an owner.

(b)

A petition for amendment to the official zoning map or text, except those proposed by the mayor and council or other city agents shall be accompanied by a filing fee established by separate action, and shall be filed on a form provided by, and shall be filed with, the building official, at least 30 days prior to the date of the planning commission meeting at which the applicant wishes the petition to be considered.

(c)

The building official may vary the deadline by up to seven days provided that he/she determines that the petition may still be properly advertised and all notice requirements followed on schedule for the regularly scheduled planning commission meeting.

(d)

An application for a zoning map amendment should contain the following:

(1)

A completed copy of the application for a zoning map amendment on the form provided by the building official.

(2)

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

a.

A correct scale and north arrow;

b.

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

c.

The present zoning classification of all adjacent parcels;

d.

The gross square footage of all proposed buildings;

e.

The proposed location of all driveways and entry/exit points for vehicular traffic, using arrows to depict direction of movement;

f.

The location of required off-street parking and loading spaces, including number of spaces and driveway dimensions;

g.

Required yard setbacks appropriately dimensioned; and

h.

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

(e)

Within ten days of receipt of an application for zoning map amendment, including the conceptual site plan, the building official shall determine compliance with this section and shall either accept the application as being "sufficient" or reject as being "insufficient." If it is so rejected, the revised application may be resubmitted for the following application period. The city will refund 50 percent of the application fee for a rezoning if the building official rejects the application due to an insufficient site plan.

(Code 1981, § 8-5-262)

(a)

All proposed amendments to the official zoning map or text except those proposed by the mayor and council shall be transmitted to the building official for study and recommendation by the building official and the planning commission.

(b)

The building official shall circulate the application and/or appropriate materials regarding the application to those agencies, departments, and/or entities of government which the building official deems to be appropriate for solicitation of comments.

(c)

The planning commission shall convene and discuss the proposed change within 30 days from the date on which the building official accepts a site plan as "sufficient." The planning commission may solicit comments concerning the proposed change, including those from those persons or entities referred to in subsection (b) of this section.

(d)

Upon deciding on the proposed amendment, the planning commission shall submit its recommendation to the mayor and council of the city. This report shall be in writing and shall be submitted to the director of public services within 60 days from the date of which the building official accepts the site plan as "sufficient." The recommendation by the planning commission shall be one of the following:

(1)

Recommend approval;

(2)

Recommend approval subject to stated conditions; or

(3)

Recommend disapproval.

(e)

If the planning commission fails to act on a petition within 60 days from the date upon which the building official accepts the site plan as "sufficient," it shall be deemed to have approved the proposed amendment.

(Code 1981, § 8-5-263; Ord. No. 97-05, § 1, 7-8-1997)

(a)

Before enacting an amendment to this chapter, whether the proposed amendment is a text or map amendment, the mayor and council shall hold a public hearing thereon for the purpose of receiving and considering public comment on the merits of the proposed amendment. Such hearings shall be held only after substantial compliance with all required public notification of the hearing as set forth herein and shall occur within 60 days of submission of the planning commission's recommendations.

(b)

The city shall cause a legal notice to be published in a newspaper of general circulation in the county, as required by state law, prior to the required public hearing by the mayor and council, stating, where applicable, the time and place of such hearing, the location of the property, and the present and proposed zoning classifications.

(c)

Additionally, whenever a proposed amendment to the zoning ordinance, initiated by a party other than the city, involves changes in the zoning classification of property from one zone to another (map amendment), the building official shall cause to have posted in a conspicuous place on the property proposed to be rezoned one or more signs, each of which shall not be less than three square feet in area and each of which shall contain the time, date and location of the public hearing scheduled for the application, and such other information as the building official deems appropriate.

(d)

In instances where the posting of a sign or signs is required under this section, and if the property proposed for rezoning does not have frontage on a public street, then an additional sign may be posted on the right-of-way of the nearest public street which provides access to the site.

(e)

If the posting of a sign or signs is required under this section, and the property proposed for rezoning is made up of more than one parcel of property and in the opinion of the building official it would be either impractical or duplicitous to post signs on each parcel, then the building official in his discretion may cause fewer than one sign per parcel to be erected. In such cases, however, there shall be at least one sign posted on each public street which fronts the property proposed for rezoning. In determining compliance under this section, a sign placed at an intersection between streets which each front the property proposed for rezoning shall be deemed posted on each of those streets if, in the opinion of the building official, the sign is placed in such a position as to be visible from each street.

(f)

Proposed zoning text amendments and proposed revisions of the zoning map which are initiated by the city shall not require the posting of signs on affected property.

(g)

Any proposed action that includes zoning decisions for rezoning of property, special use of property, or variance or conditions concurrent with a rezoning or special use shall only require one hearing pursuant to O.C.G.A. § 36-66-4(a).

(h)

Procedures for zoning decisions as defined in O.C.G.A. § 36-66-3(4) that amend zoning classifications or definitions related to single-family residential uses so as to authorize multifamily uses on the subject property pursuant to such classifications or definitions shall be in accordance with the following stated procedures.

(1)

Notwithstanding any other provisions to the contrary, when a proposed zoning decision relates to an amendment of the zoning ordinance to revise one or more zoning classifications or definitions relating to single-family residential uses of property so as to authorize multifamily uses of property pursuant to such classification or definitions, or to grant blanket permission, under certain or all circumstances, for property owners to deviate from the existing zoning requirements of a single-family residential zoning, such zoning decision must be adopted in the following manner:

a.

The zoning decision shall be adopted at two regular meetings of the city council making the zoning decision, during a period of not less than 21 days apart; and

b.

Prior to the first meeting provided for in subparagraph a of this paragraph, at least two public hearings shall be held on the proposed action. Such public hearings shall be held at least three months and not more than nine months prior to the date of final action on the zoning decision. Furthermore, at least one of the public hearings must be held between the hours of 5:00 p.m. and 8:00 p.m. The hearings required by this paragraph shall be in addition to any hearing required under subsection (a) of this Code section. The local government shall give notice of such hearing by:

1.

Posting notice on each affected premises in the manner prescribed by sections (c), (d), (e), and (f) of this section; provided, however, that when more than 500 parcels are affected, in which case posting notice is required every 500 feet in the affected area; and

2.

Publishing in a newspaper of general circulation within the territorial boundaries of the city a notice of each hearing at least 15 days and not more than 45 days prior to the date of the hearing. Both the posted notice and the published notice shall include a prominent statement that the proposed zoning decision relates to or will authorize multifamily uses or give blanket permission to the property owner to deviate from the zoning requirements of a single-family residential zoning of property in classification previously relating to single-family residential uses. The published notice shall be at least nine column inches in size and shall not be located in the classified advertising section of the newspaper. The notice shall state that a copy of the proposed amendment is on file in the office of the clerk or the recording officer of the city and in the office of the clerk of the county superior court for the purpose of examination and inspection by the public. The city shall furnish anyone, upon written request, a copy of the proposed amendment, at no cost.

(2)

The provisions of subsection (1) of this subsection shall also apply to any zoning decisions that provide for the abolition of all single-family residential zoning classifications within the territorial boundaries of the city or zoning decisions that result in the rezoning of all property zoned for single-family residential uses within the territorial boundaries of the city to multifamily residential uses of property.

(3)

This subsection shall not apply to zoning decisions for the rezoning of property from a single-family residential use of property to a multifamily residential use of property when the rezoning is initiated by the owner or authorized agent of the owner of such property.

(Code 1981, § 8-5-264; Ord. No. 97-05, § 1, 7-8-1997; Ord. No. 2023-07, § 6, 7-18-2023)

(a)

The provisions of this section shall apply to public hearings by the mayor and council on all petitions for amendments under this article.

(b)

The governing, calling, and conducting of hearings shall be accomplished in accordance with the following policies and procedures:

(1)

If any person desires a stenographic record of the proceedings, such person shall make arrangements for and bear the costs of such.

(2)

The presiding officer of the hearing body shall indicate that a public hearing has been called for the consideration of zoning decisions. Thereupon, the hearing body shall consider each application on an individual basis.

(3)

When an application comes up for review, the presiding officer shall ask those persons who wish to present data, evidence, and opinions both in favor or against the application to identify themselves. The presiding officer shall notify the persons described above that each side shall have a minimum of ten minutes to present data, evidence, and opinion. Additional and equal time may be allowed in the discretion of the presiding officer. However, such time should not exceed 30 minutes per side unless the presiding officer determines a greater amount of time is necessary. The presiding may ask those with concurring view point to elect a spokesperson.

(4)

After the comments and concerns of the public have been heard, the hearing body may thereupon request a report from officers or agents of the city.

(5)

The applicant may reserve some part of their time for rebuttal. However, in no case shall the applicant be granted more time than those in opposition.

(6)

After the above procedures have been completed, the presiding officer will indicate that the public hearing is formally closed.

(7)

After the public hearing is closed, the hearing body may either vote upon the proposed change or may delay their vote to a subsequent meeting, provided that notice of the time, date, and location when such zoning decision is to be announced at the meeting during which the public hearing is held.

(c)

Procedural guidelines shall be available for distribution to the general public.

(Code 1981, § 8-5-265; Ord. No. 97-05, § 1, 7-8-1997; Ord. No. 2005-05, §§ 1, 2(8-5-265), 4-5-2005; Ord. No. 2023-07, § 7, 7-18-2023)

(a)

In ruling on any matter herein in which the exercise of discretion is required, or in ruling upon any application for zoning map amendment, the administrative official or legislative body shall act in the best interest of the health, safety, morals, and general welfare of the city. In doing so, they will consider one or more of the following factors as they 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 one public facilities including, but not limited to, schools, utilities, and streets;

(4)

The cost of the city 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 will be a deterrent to the value or improvement of development of adjacent property in accordance with existing regulations;

(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 extent to which the proposed zoning map amendment is consistent with the land use plan;

(10)

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;

(11)

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;

(12)

Applications for a zoning map amendment which do not contain specific site plans carry a rebuttable presumption that such rezoning shall adversely affect the zoning scheme;

(13)

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

(14)

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.

(b)

After hearing evidence at the zoning hearing, the mayor and council shall apply the evidence to the standards of review in making their decision. It will not be required that the mayor and council 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.

(c)

If the mayor and council determine from the evidence 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 provisions as may be imposed by the mayor and council pursuant to section 93-25-8. Otherwise, such application shall be denied.

(d)

In ruling on any petition in which the petitioner has brought a challenge of the existing zoning classification, the mayor and council may impose upon such property any appropriate zoning classification, including provisions allowed by section 93-25-7, which might be consistent with the considerations contained in (a) above.

(Code 1981, § 8-5-266; Ord. No. 97-05, § 1, 7-8-1997)

(a)

In deciding upon any application for zoning map amendment, the mayor and council 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 city. Such conditions shall be imposed for the benefit of the community to lessen any negative effects that the zoning map amendment may cause.

(b)

The mayor and council may grant any zoning map amendment and include condition 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 and that the applicant or any successor in title may construct only those uses and only in such a manner as is depicted upon any site plan submitted and approved with the application.

(c)

Prior to a final vote being taken upon any application for zoning map amendment in which conditions shall be imposed, such conditions will be announced at the hearing and the applicant shall be afforded an opportunity to present its position on such conditional requirements. If the applicant finds such proposed conditional requirements to be unacceptable, it may, at that time, withdraw its application for zoning map amendment; or seek a vote on the applicant.

(d)

If the mayor and council adopt a zoning map amendment which contains conditional requirements, such requirements shall become a part of the zoning ordinance and the official zoning map. Such property shall thereafter carry the suffix "-C" to indicate that such property has been conditionally zoned (e.g., R-1-C, I-1-C etc.). Such conditions shall be binding upon all owners of the property until removed or modified by the mayor and council. The building official shall so indicate in the records of the zoning actions the existence of the conditional requirements. The suffix "-C" shall be affixed to the zoning map for the appropriate property.

(e)

A conditional requirement may be imposed upon either permitted and/or conditional uses in any zoning district. In ruling on such conditional requirements, the mayor and council shall utilize the applicable standards of review contained in section 93-25-6.

(f)

In those instances where a rezoning is granted which is conditional upon the submitted site plan, such property shall revert to its former zoning classification by operation of law if a building permit for such development has not been applied for within one year, provided that the mayor and council, at a zoning hearing, may extend this period for good cause shown by the property owner. The building official may grant "minor" changes to such site plans if the following conditions are met:

(1)

The developer can show a hardship requiring such modifications; and

(2)

The building official determines that the changes so requested do not materially affect the basis design nor negate any special features which were an integral component of the plan.

(g)

It shall be the duty of the building official to review on a quarterly basis such conditional rezoning and to report to the mayor and council those rezoning actions which have reverted by operation of law.

(Code 1981, § 8-5-267; Ord. No. 97-05, § 1, 7-8-1997; Ord. No. 2005-04, § 1(8-5-267), 4-5-2005)

Procedures for removing or modifying any conditional requirement of an approved rezoning matter, a non-text amendment, special use permit, or special exception shall follow a streamlined process but must meet the minimum standards in accordance with the requirements of the state zoning procedures law (Ga. Laws 1985, page 1139; O.C.G.A. §§ 36-66-1—36-66-5). These applications shall be submitted to the planning commission for analysis per section 93-25-3 of the city Code. The public shall be notified in accordance with section 93-25-4 of the city Code. The requisite public hearing will be held by the city, wherein the final decision will be made by the city. However, the city will not be required to hold two hearings for these approved rezoning matters, non-text amendments, special use permit(s), or special exception matters after completion of the one requisite public hearing.

(Code 1981, § 8-5-268; Ord. No. 97-05, § 1, 7-8-1997; Ord. No. 2005-04, § 2(8-5-268), 4-5-2005; Ord. No. 2019-18, § 1, 7-16-2019)

If the zoning decision of the mayor and council is for the rezoning of property and the amendment to the zoning ordinance to accomplish the rezoning is defeated, then the same property may not again be considered for rezoning until the expiration of at least six months immediately following the defeat of the rezoning.

(Ord. No. 2019-29, § 1, 9-17-2019)