When the City Council, Planning Commission, or any person, firm or corporation desires to amend, supplement, or change the text of the regulations contained herein, the following procedures shall be followed:

210.1. An application must be submitted in writing to the Director of Community Planning and Development describing the proposed amendment, supplement, or change. All applications shall be submitted by the specified deadline prior to the regular monthly meetings of the Planning Commission.

210.2. The application shall be sent to the Planning Commission for review, public hearing, and recommendation, and said Commission shall have thirty (30) days from the date of said public hearing within which to submit a recommendation to the City Council, along with a copy of the minutes of the meeting of the Planning Commission at which the public hearing was held. If the Planning Commission fails to submit the recommendation and minutes within the thirty (30) day period, it shall be deemed to have recommended approval of the application. This shall be effective provided that all information requested by the Planning Commission concerning said application has been made available to the Planning Commission.

210.3. The Planning Commission shall hold a public hearing on the application.

210.4. Following the public hearing held by the Planning Commission, all applications shall be sent to the City Council with the recommendations of the Planning Commission and the minutes of the meeting of the Planning Commission at which the public hearing was held. The City Council shall take action on said application within sixty (60) days from the date of its receipt of the Planning Commission's recommendation and the minutes of the meeting of the Planning Commission at which the public hearing was held.

210.5. Any petition for a text amendment to these regulations, unless said petition is initiated by the City Council or the Planning Commission, shall be accompanied by a fee payment equal to the cost of advertising for the required public hearing.

(Ord. (1) of 11-14-2022)

When the City Council, Planning Commission, or any person, firm or corporation desires to amend the Official Zoning District Map, the following procedures shall be followed:

211.1. An application must be submitted in writing to the Director of Community Planning and Development and must be accompanied by a site plan of the proposed use included in any petition for a Zoning Map Amendment. Such site plan shall include building site, parking areas, and egress and ingress into the proposed area, and shall include the existing land use on adjacent and surrounding properties. All applications shall be submitted by the specified deadline prior to the next regular meeting of the Planning Commission.

211.2. The application shall be sent to the Planning Commission for review, public hearing, and recommendation, and said Planning Commission shall have thirty (30) days from the date of said public hearing within which to submit a recommendation to the City Council, along with a copy of the minutes of the meeting of the Planning Commission at which the public hearing was held. If the Planning Commission fails to submit the recommendation and minutes within the thirty (30) day period, it shall be deemed to have recommended approval of the application. This shall be effective, provided that all information requested by the Planning Commission concerning said application has been made available to the Planning Commission.

211.3 The Planning Commission shall hold a public hearing on the application.

211.4 Following the public hearing held by the Planning Commission, all applications shall be sent to the City Council with the recommendations of the Planning Commission and the minutes of the meeting of the Planning Commission at which the public hearing was held. The City Council shall take action on said proposed text amendment within sixty (60) days from the date of its receipt of the Planning Commission's recommendation and the minutes of the meeting of the Planning Commission at which the public hearing was held.

211.5 Any petition for a map amendment, unless said petition is initiated by the City Council or the Planning Commission, shall be accompanied by a fee payment equal to the cost of advertising for the required public hearing.

(Ord. (1) of 11-14-2022)

212.1 Conduct of Public Hearings by the Planning Commission. The policy and procedures for calling and conducting the public hearing on proposed zoning decisions, including proposed zoning map and text amendments, are as follows:

1) Zoning hearings shall be held during regular meetings of the Planning Commission at a time and place provided in the published notice of the hearing.

2) The proposed zoning action and the party initiating said proposal for zoning action shall be stated, and the Chairperson shall read the published notice of the proposed zoning action to be considered by the Planning Commission.

3) Both persons favoring and persons opposing a proposed zoning action shall have an opportunity to address the Planning Commission. The party proposing a zoning amendment shall be invited to speak first, followed by persons opposed to the proposed zoning amendment. Each speaker will be asked to identify himself or herself and state his/her current address. When all opposing statements have been heard, the party proposing a zoning amendment may be permitted to rebut those statements.

4) Each speaker shall speak only to the merits of the proposed zoning amendment and shall address remarks only to the Planning Commission. Each speaker shall refrain from personal attacks on any speaker or the discussion of facts or opinions irrelevant to the proposed zoning action. The Chairperson may limit or refuse a speaker the right to continue if the speaker, after first being cautioned, continues to violate this requirement.

5) The proponents and the opposition of any zoning action shall have a total of thirty (30) minutes each to address the Planning Commission regarding the zoning action.

Upon request made to and approved by the Planning Commission prior to speaking, any single individual for or against a zoning action may speak for up to fifteen (15) minutes. All other speakers shall be limited to no more than five (5) minutes unless permitted additional time by the Planning Commission. Any allowance of additional time shall not extend the overall thirty (30) minute time limit for a particular side of the zoning action unless more overall time is granted by the Planning Commission to permit a more complete discussion of the issue. Any rebuttal by proponents shall be allowed only within the overall time constraints set out herein. Nothing in this shall be construed to limit the ability of the Chairperson to maintain decorum in the conduct of a hearing in a fair and orderly manner.

6) Because of time constraints in hearings, interested parties shall be encouraged to submit petitions, studies, letters, and other materials. Such materials, if presented orally at the hearing, shall be subject to the time limits provided above.

7) The Planning Commission shall have discretion to allow previous speakers as necessary for clarification of views expressed or the materials submitted. The Planning Commission may call for such additional view, studies, or other information from any source as then considered necessary to making a sound decision on the proposed zoning action.

8) The Planning Commission shall have discretion to continue a hearing to a later date if the materials submitted or views expressed require more time for study and consideration than may reasonably be allocated in one (1) meeting.

212.2 Notice of Public Hearing

(a) At least fifteen (15) but not more than forty five (45) days prior to the date of the public hearing, the Director of Community Planning and Development shall cause to be published within a newspaper of general circulation within the City a notice of the hearing. The notice shall state the time, place, and purpose of the hearing. If the proposed zoning amendment is for the rezoning of property and is initiated by a party other than the City Council or the Planning Commission, the notice shall also include the location of the property, the present zoning classification of the property, and the proposed zoning classification of the property.

(b) If the proposed zoning amendment is for the rezoning of property and is initiated by a party other than the City Council or the Planning Commission, not less than fifteen (15) days prior to the date of the public hearing, the Director of Community Planning and Development shall cause to have posted in a conspicuous place on the property or parcel of land that is the subject of the proposed zoning amendment a sign containing the date, time and place of the public hearing, the present zoning classification of the property, and the proposed zoning classification. The sign shall be not less than twelve (12) square inches in area.

(c) The Director of Community and Planning Development shall, in the case of a proposed amendment to the Official Zoning Maps, use his or her best efforts to mail notice of public hearing to all property owners of record within two hundred (200) feet of the property sought to be rezoned, as their names appear on the records of the Camden County Board of Assessors. The failure to do so shall not constitute a deprivation of due process rights when the notice required by the Zoning Procedures Law O.C.G.A. 36-66-1 et seq. has been provided.

(d) The Director of Community and Planning Development shall inform the applicant in writing at least fifteen (15) days before the public hearing of the date, time and place of the public hearing. The failure to do so shall not constitute a deprivation of due process rights when the notice required by the Zoning Procedures Law O.C.G.A. 36-66-1 et seq. has been provided.

212.3. Withdrawal. Once an application for an amendment has been submitted and advertised, the applicant may withdraw the application or request a postponement of the hearing date once by submitting to the Director of Community and Planning Development in writing his request, at least seven (7) days prior to the date set for the public hearing.

In the absence of a request for continuance, the zoning item will be heard on the date scheduled unless the Planning Commission takes action to defer the zoning item. The City may require the applicant to pay an administrative fee to cover the cost of publishing the additional notice of the public hearing on the postponed or continued item within a newspaper of general circulation within the City. In the event of a continuance or postponement, the public hearing shall be rescheduled to the next succeeding regular meeting date of the Planning Commission or the date specified in a motion adopted by the Planning Commission.

212.4. Notice. Property owners whose property is the subject of any zoning amendment will receive written notice thereof within seven (7) days after the amendment is passed by the City Council.

212.5. Final Action By The City Council. Upon action of denial by the City Council, an application shall not be initiated for an amendment affecting the same parcel or parcels of property, or any part thereof, by a property owner or owners for a period of one (1) year.

212.6. Changes to the Zoning Map. Following final action by the City Council, all necessary changes shall be made on the zoning map by the Director. A written record of the type and date of such change shall be maintained by the City Clerk.

(Ord. (1) of 11-14-2022)

Upon consideration of a proposed zoning decision, the Planning Commission and the City Council shall utilize the following factors to determine whether the proposed zoning decision is appropriate:

(1) Whether the zoning proposal will permit a use that is suitable in view of the use and development of adjacent and nearby property.

(2) Whether the zoning proposal will adversely affect the existing use and or usability of adjacent or nearby property.

(3) Whether the property to be affected by the zoning proposal has a reasonable economic use as currently zoned.

(4) Whether the zoning proposal will result in a use, which will or could cause an excessive or burdensome use of existing streets, transportation facilities, utilities or schools.

(5) Whether the zoning proposal is in conformity with the policy and intent of the Comprehensive Land Use Plan.

(6) Whether there are other existing or changing conditions affecting the use and development of the property, which give supporting grounds for either approval or disapproval of the zoning proposal.

(7) Such other matters as the Planning Commission or the City Council deem relevant in balancing the interest in promoting the public health, safety, morality, or general welfare against the right to the unrestricted use of property.

(Ord. (1) of 11-14-2022)