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Metter City Zoning Code

ARTICLE XIII

- AMENDMENTS

Section 13.00. - Authority.

This ordinance, including the official zoning map, may be amended from time to time by the city council as herein specified.

No amendment shall become effective unless the city council has held a public hearing on the amendment.

Section 13.01. - Requirements for a change.

When the public necessity, convenience, general welfare, or good zoning practice justify such action, and after a public hearing, and after the required review and report by the planning commission, the city council may undertake the necessary steps to amend the zoning ordinance.

Section 13.02. - Procedure for amendments.

Requests to amend the zoning ordinance shall be processed in accordance with the following requirements:

13.021. Initiation of Amendments. The city council may from time to time amend, supplement, change, modify, or repeal this ordinance, including the zoning map, by proceeding in the following manner, and as otherwise required by law. In amending the zoning map or regulations, the city council shall use the "Standards for Zoning Decisions" adopted by the city. A proposed amendment may also be initiated by the planning commission, or by application filed with the city by the owners of the property proposed to be changed.

However, that action shall not be initiated for a zoning amendment affecting the same parcel or parcels of property or any part thereof and requesting the same change in district classification more often that once every six months.

The owners of fifty (50) percent or more of the frontage in any district may initiate an amendment to the zoning ordinance by presenting a duly signed and acknowledged petition requesting the amendment to the city council.

13.022. Applications procedure. Each request for amendment of the zoning ordinance shall be submitted to the city on a form provided by the city and signed by the owner(s) or their duly authorized agent(s). A separate request must be filed for each parcel for which a zoning amendment is requested, and shall contain the following:

A.

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

B.

A plan showing the extent of the area to be rezoned, streets bounding and intersecting the area, the land use and zone classification and abutting districts and photographs of the area to be rezoned and abutting areas.

C.

A statement of the circumstances in the proposed district and the abutting districts and any other factors on which the applicant relies as reasons for supporting the proposed rezoning. The applicant's statements should address issues identified in the city's adopted: "Standards for Zoning Decisions."

D.

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

E.

A site plan to scale, indicating the locations of structures, uses area for off-street parking and loading.

F.

The City, at the applicant's expense, shall erect a sign upon the property in question. This sign shall be placed in a conspicuous location, as the building inspector may direct, at least fifteen (15) days prior to the public hearing. The required sign shall be at least nine square feet in size and shall contain a message composed of black letters at least three inches high 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) (am or pm) on (date), (year), to consider the rezoning of this property from (present zoning classification) to (request zoning classification).

G.

A fee to cover the administrative expense, publication cost and signage involved in processing the official request as set by city council.

13.023. Public hearing. The city council by resolution adopted at a regular or special meeting shall fix the time and place of a public hearing on the proposed amendment which shall be conducted in accordance with the city's adopted "Policies and Procedures for the Call and Conduct of Zoning Public Hearings," and at least fifteen (15) but not more than forty-five (45) days prior to the public hearing, shall cause notice thereof to be given as follows:

A.

By publishing a notice thereof in one newspaper of general circulation in the city.

B.

By mailing a notice to all property owners adjacent of the particular property involved.

C.

By requiring the applicant at his expense to erect a sign upon the property in question as outlined in Section 13.022(F) Public Hearing Notice.

The notice shall state the general nature of the proposed amendment and that full opportunity to be heard will be given to any citizen and all parties in interest attending such hearing.

Whenever a proposed amendment affects a particular property, then a notice of the proposed amendment shall be posted upon said property or premises at such place or places as shall be conspicuous to the traveling public and adjacent property owners.

13.024. Planning Commission recommendation. prior to the public hearing, the city council shall refer all proposed amendments, variance request, conditional use applications, and special exception applications to the planning commission for its recommendation and report.

All meetings of the planning commission shall be open to the public and any party may appear in person or by agent, or by attorney.

No member of the planning commission shall participate in a matter in which he has any pecuniary or special interest.

The planning commission's recommendation shall not be binding on the city council.

13.025 Final action. After holding the public hearing and receiving the planning commission's recommendation, the city council shall take final action on the proposed zoning amendment at a regular or special meeting.

In case of a protest against such amendment, change, modification or repeal, signed by the owners of

(a)

Twenty (20) percent or more of the area included in such proposed changes, or

(b)

Twenty (20) percent or more of the lots included in such proposed changes, or

(c)

Twenty (20) percent or more of the lots immediately adjacent to such proposed changes, or

(d)

Twenty (20) percent or more of the lots within one hundred (100) feet of such proposed changes, such amendment, supplement, change or modification shall not become effective except by a majority vote of the city council.

13.026. Changes in the zoning ordinance and map. Following final action by the city council, any necessary changes shall be made in the zoning ordinance and zoning map, as applicable.

A written record of the type and date of such change shall be maintained by the city clerk, within seven days after formal action by the city council. Action by the city council shall be considered official Effective immediately.

13.027 Right of certiorari. Any person aggrieved by final action of the city council changing the zoning ordinance and/or the zoning map shall have the right of certiorari to superior court within thirty (30) days after such final action.

13.028. Printed copies of hearing procedures available to the public. Printed copies of Article XIII, Amendments, with all applicable amendments, shall be maintained in the city hall office of building inspection for distribution to the general public.