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Lyons City Zoning Code

ARTICLE XIV

- AMENDMENTS

Sec. 140. - Purpose of article.

This article is established to provide a means whereby certain desirable changes and additions can be made to the zoning ordinance from time to time. These amendments should relate to the comprehensive plan and the general welfare of the community.

(Ord. of 8-5-1986)

Sec. 141. - Amendment procedure.

The city council of the City of Lyons may from time to time amend, supplement, change, modify or repeal this zoning ordinance, including the zoning district boundaries and map, by proceeding in the following manner, and as otherwise required by law. In amending the zoning map or regulation, the city council shall use the "Standards for Zoning Decisions" as adopted by the City of Lyons.

(141.1)

The city council, or its delegated agent, shall hold a public hearing on any proposed amendment to the zoning ordinance or map. This public hearing shall be conducted in accordance with the "Policies and Procedures for the Call and Conduct of Zoning Public Hearings," as adopted by the City of Lyons.

(141.2)

At least 15 days, but not more than 45 days in advance of the required public hearing, notice of the required public hearing shall be published in a newspaper of general circulation in the City of Lyons. Said notice shall, at the minimum and in all cases, state the time, date, place, and purpose of the public hearing. If particular property is to be rezoned, the notice shall, in addition, state the location of the property involved, the present zoning classification of the property involved and the proposed zoning classification of the property involved.

(141.3)

If particular property is involved in a proposed amendment initiated by a party other than the local government, additional public notice in the form of a sign erected in a conspicuous location on the property in question shall be required. The party initiating the amendment shall at his expense cause to be erected, in such conspicuous location as the zoning enforcement officer may direct, a sign of not less than nine square feet with not less than three-inch black letters upon a white background, which shall read as follows:

PUBLIC HEARING NOTICE
ZONING CHANGE

A Public Hearing will be held at City Hall at (time) (a.m. or p.m.) on (date), (year), to consider rezoning of this property from (present zoning classification) to (requested zoning classification).

Said sign shall be erected not less than 15 days in advance of the required public hearing and shall remain posted through the date of the required public hearing.

(Ord. of 8-5-1986)

State Law reference— Notice of zoning changes required, O.C.G.A. § 36-66-4.

Sec. 142. - Referral to planning commission.

Before adoption, all proposed amendments shall be submitted to the Lyons Planning Commission for its recommendation and report which shall not be binding. The planning commission shall have 30 days within which to submit a report and shall use the city's adopted "Standards for Zoning Decisions," as appropriate, as the basis of its recommendation and report. If the planning commission fails to submit a report with [within] the 30-day period, the city council may consider the amendment on its merits without recommendation and report of the planning commission.

(Ord. of 8-5-1986)

Sec. 143. - Limit on consideration of amendments.

Upon final action by the city council resulting in the defeat of an amendment proposing zoning change of particular property, the property in question may not again be considered for rezoning amendment until a period of at least six months has elapsed.

(Ord. of 8-5-1986)

Sec. 144. - Petition for amendment.

Any person or party other than the city council may request an amendment to the zoning ordinance or map by filing a petition for amendment, together with such payment as the city council may set from time to time to cover administrative and advertising costs, with the city clerk. Said petition for amendment shall contain the following:

(a)

Applicant's name and address and his representative and the interest of every party represented in the application.

(b)

A plat of the property involved prepared by a Georgia-registered surveyor.

(c)

A sketch showing the extent of the area to be rezoned, streets bounding and intersecting the area, and the land use and zone classification of abutting properties.

(d)

A site plan to scale, showing existing and proposed development and indicating the locations of structures, uses, setback distances and area for off-street parking and loading.

(e)

An approximate time schedule for the beginning and completion of development in the area.

(f)

A statement of the circumstances in the proposed district and the abutting districts and any other factors which the applicant contends are valid reasons for supporting the proposed rezoning. The applicant shall demonstrate that there are objective facts supporting proposed rezoning and that the rezoning is in the best interests of the city as related to the city's adopted "Standards for Zoning Decisions."

Said petition for amendment shall be considered by the city council in the same manner as outlined in sections 141, 142 and 143. All requirements of article XIV are applicable.

(Ord. of 8-5-1986)