The regulations, restrictions, and boundaries set forth in this chapter may from time to time be amended, supplemented, changed, or repealed, provided, however, that no such action may be taken until after a public hearing in relation thereto, at which parties in interest and citizens shall have an opportunity to be heard.

(Code 1994, § 110-1; Ord. No. 02-02, § 1, 5-13-2002)

(a)

This chapter, including the official zoning map, may be amended from time to time by the mayor and council.

(b)

The following procedure shall be followed for the consideration of a zoning change:

(1)

Any person desiring to submit an application requesting a change in zoning shall file such application, with a plat of the affected property attached thereto, together with a payment of the amount determined by the mayor and council as an appropriate fee for same to cover administrative costs, with the city clerk.

(2)

The application shall include a correct legal description of the property in question.

(3)

The application shall include a legible site plan depicting the proposed use of the property, including:

a.

A correct scale and north arrow;

b.

The proposed land use as it would appear should the rezoning application be approved;

c.

The present zoning classification of all adjacent parcels;

d.

The as-built location, configuration entrances and exits to and from all buildings to be located on the site and the gross square footage of buildings, and the number of employees and total seating when such information is necessary to determine parking requirements;

e.

The 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 to include number of spaces and space 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.

(4)

The completed rezoning application is to be returned and required fees paid not less than 15 days prior to the hearing date before the mayor and council.

(5)

Before the mayor and council enacts the resolution from which this chapter is derived or an amendment hereto, it shall hold a public hearing thereon. Notice of the hearing shall be provided in compliance with title 36, chapter 66 of the Official Code of Georgia Annotated.

(6)

The city shall erect on the property involved, at least 15 days before the public hearing of the mayor and council, a sign giving the date of the public hearing. Failure to erect and maintain the sign as specified above shall not invalidate the amendment procedure.

(7)

The public hearing shall be held by the mayor and council.

(8)

Decision criteria. In reviewing a rezoning application, zoning map amendment, and/or zoning change or decision, the mayor and city council shall consider the following:

a.

Whether the proposed amendment is consistent with the written policies in the City of Lake City's Comprehensive Plan, and any other applicable, adopted planning studies or reports;

b.

Whether the proposed land use change will permit uses that are suitable in consideration of the use and development of adjacent and nearby property or properties;

c.

Whether the proposed land use change will adversely affect the existing use or usability of adjacent or nearby property or properties;

d.

Whether the proposed land use change will result in uses which will or could cause excessive or burdensome use of existing streets, transportation facilities, utilities, or schools;

e.

Whether there are potential impacts on property or properties in an adjoining governmental jurisdiction, in cases of proposed changes near municipal boundary lines;

f.

Whether there are other existing or changing conditions affecting the use and development of the affected land areas which support either approval or denial of the proposed land use change;

g.

Whether there will be an impact on historic buildings, sites, districts or archaeological resources resulting from the proposed change;

h.

The most desirable use of which the land in each district is adapted; and

i.

Responsible growth and development.

(Code 1994, § 110-1; Ord. No. 01-02, § 18(16.1), 7-9-2001; Ord. No. 02-02, § 1, 5-13-2002; Ord. No. 2021-01, § 1, 8-9-2021)

If an application for an amendment to the zoning regulations or to the official zoning map is denied by the mayor and council, a reapplication for the same amendment may not be made earlier than 12 months from the date of the original application.

(Code 1994, § 110-1; Ord. No. 02-02, § 1, 5-13-2002)

Upon favorable action by the mayor and council on a petition for an amendment (rezoning) to this chapter, the owner or subsequent owners of the property involved shall be required to make substantial progress to develop the property in its new status within a period of 12 months from the date of such action. Substantial progress shall mean the obtaining of a building permit and the beginning of construction to the extent that an initial inspection is made by the building inspector. Should the building inspector discover that such substantial progress has not been made, he shall notify the mayor and council to that effect. The mayor and council shall then notify the property owner that he is required to show cause before them, on a date set by the mayor and council, why the property should not revert to the zoning status it enjoyed prior to the amendment. Upon the failure of the owner to show adequate reason why substantial progress has not been made, the mayor and council shall cause the property zoning classification to so revert.

(Code 1994, § 110-1; Ord. No. 02-02, § 1, 5-13-2002)