Hapeville City Zoning Code

(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)