The City Council may from time to time on its own motion or on petition, after public notice and hearing as provided by law, amend, supplement, or change, modify, or repeal the boundaries or regulations herein or subsequently established, after submitting the same to the City Planning Commission for its recommendations and report.

The City Council in exercising its zoning power and the City Planning Commission in investigating and making a recommendation to a zoning proposal shall consider the following standards, to wit:

(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 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 there are 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;

(6)

Existing uses and zoning of nearby property;

(7)

Extent to which property values are diminished, if any, by the existing zoning;

(8)

The suitability of the property involved in the zoning proposal for the currently zoned purposes;

(9)

If vacant, the length of time the property has been vacant as currently zoned, considered in the context of land development of adjacent and nearby property; and

(10)

Any special characteristics of the property involved in the zoning proposal.

In addition to the above standards, the City Council may consider other criteria and factors which it finds relevant in balancing the interest in promoting the public health, safety, morality or general welfare against the right of the unrestricted use of property.

(Ord. of 4-8-91, § 2)

Before enacting an amendment to this Chapter, the City Council shall hold a public hearing thereon. At least fifteen (15) days' notice of the time and place of such public hearing shall be published in the local newspaper which provides circulation within the City. The applicant for a change in zoning to a parcel of land shall place a sign with a minimum size of 24 × 36 inches on the parcel subject to change in a location where the sign is visible from an adjacent street. Such sign shall give notice of the requested zoning change, citing the existing and requested zoning, the time, date and place of the public hearing, and shall be placed on such property fifteen (15) days prior to said hearing and shall remain there continuously until after the public hearing.

Any amendment to the Zoning Chapter requiring a change in district boundaries shall be shown on the Official Zoning Map on the date the amendment becomes effective. Such changes shall be noted, dated, and signed by the Mayor and attested by the City Manager.

At intervals of not less than five (5) years, the Planning Commission shall reexamine the provisions of this Chapter and the location of district boundary lines and shall submit a report to the Mayor and City Council, recommending such changes or amendments, if any, which may be desirable in the interest of public safety, health, convenience, necessity, or the general welfare.

If a zoning decision of the City of LaFayette is for the rezoning of property then the notice of public hearing published in the local newspaper which provides circulation within the City shall include the location of the property, the present zoning classification of the property and the proposed zoning classification of the property.

(Ord. No. 96-18, § 1, 9-9-96)

Editor's note— Ord. No. 96-18, §§ 1—4, adopted Sept. 9, 1996 amended the Code by adding new §§ 18-25.5—18-25.8. In order to keep related material together, said sections have been redesignated as §§ 29-94—29-97 at the discretion of the editor.

Each speaker shall be allowed five (5) minutes to address the City Council concerning the zoning application then under consideration, unless the City Council, prior to or at the time of the reading of the proposed application, votes to allow additional time in which to address the council on said proposed zoning decision or application. The speaker may initially use all the time allotted to the speaker to speak or the speaker may speak and reserve a portion of the allotted time for rebuttal. Provided, however, that the proponents and opponents of each proposed zoning application shall have an equal minimum time period of no less than ten (10) minutes per side for presentation of data, evidence and opinion. A designated timekeeper shall record the time expended by each speaker.

(Ord. No. 96-18, § 2, 9-9-96)

Note— See editor's note at § 29-94.

If the zoning decision of the City of LaFayette is for the rezoning of property and the amendment to the zoning ordinance to accomplish the rezoning is defeated by the City of LaFayette, 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 by the City of LaFayette.

Note— See editor's note at § 29-94.

The City of LaFayette will use the following standards for amending the Zoning Ordinance:

(1)

Existing uses and zoning of nearby property;

(2)

The extent to which property values are diminished by the particular zoning restrictions;

(3)

The extent to which the destruction of property values of the owner promotes the health, safety, morals or general welfare of the public;

(4)

The relative gain to the public, as compared to the hardship imposed upon the property owner;

(5)

The suitability for the subject property for the zoned purposes;

(6)

The length of time the property has been vacant as zoned considered in the context of land development in the area in the vicinity of the property;

(7)

Whether the zoning proposal will permit a use that is suitable in view of the use and development of adjacent or nearby property;

(8)

Whether the zoning will adversely affect the existing use or useability of adjacent or nearby property;

(9)

Whether the property to be affected by the zoning proposal has a reasonable economic use as currently zoned;

(10)

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;

(11)

If the city has adopted a land use plan, whether the zoning proposal is in conformity with the policy an intent of the land use plan; and

(12)

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

Note— See editor's note at § 29-94.

Any city-initiated rezoning or amendment to the text of the zoning ordinance, resulting in the revision of one (1) 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 classifications 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, shall be adopted in accordance with the notice and hearing requirements contained in OCGA § 36-66-4(h), as amended.

(Ord. No. 23/03, § 3, 7-18-2023)