These regulations, including the zoning map may be amended by the Millen mayor/council (1) on its own motion, (2) on petition, (3) or on recommendation of the planning commission but no amendment shall become effective unless it shall have been proposed by or shall first have been submitted to the planning commission for review and recommendation. Before creating an amendment to these regulations, the governing authority shall give public notice and hold a public hearing thereon as set forth in this section.

12-2.1.

General. Applications for amendment of this ordinance may be made in the form of proposals for amendments of the text of this ordinance or proposals for amendment of the zoning map. Applications for amendment shall be on forms provided by the zoning administrator, shall be submitted to the zoning administrator and shall include a fee set by the zoning administrator payable to the city, to defray expenses. A pre-application meeting shall be held with development review staff prior to submittal of the application and these must be scheduled at least four working days in advance. Applications shall be submitted by the 15 ^th day of each month, as an established submittal deadline, in order for the application to be reviewed by the planning commission the following month, and advertised and then considered at a public hearing during a subsequent month. Only complete applications will be accepted by the established submittal deadline. No application for a zoning change affecting the same parcel of property or part thereof shall be accepted by the zoning administrator until the expiration of at least six months immediately following the defeat of the rezoning request by the Millen mayor/council.

12-2.2.

Signature of Applicant Required. All applications shall be signed by the applicant or authorized agent, and shall state his/her name and address.

12-2.3.

Application for Text Amendment. In the case of a text amendment, the application shall set forth the new text to be added and the existing text to be deleted.

12-2.4.

Application for Map Amendment. Applications shall include but not be limited to the following and is the responsibility of the applicant to supply:

(1)

A legal survey plat of the lot in question, with the following data listed:

a.

Scale of drawing should be 1" = 100' or other more appropriate scale.

b.

Include a location map on drawing showing landmarks.

c.

Indicate present zoning of all contiguous property.

d.

All utility and other easements.

e.

Depict base flood lines or note that property is not within a flood zone.

f.

Include north arrow and a graphic scale.

g.

The distance to the nearest fire hydrant.

h.

The location and size of existing water and sewer facilities.

i.

Existing and proposed zoning.

(2)

A conceptual site plan with the following information:

a.

All existing and proposed site improvements, including all buildings with usages, roadways with names, and all other site improvements relative to the development, whether required or not.

b.

Name of the applicant.

c.

The date of the drawing and revision dates as applicable.

d.

Existing and proposed natural features, including streams and other water resources.

e.

Any additional information as necessary to allow an understanding of the proposed use and development of the property.

(3)

A legal description by metes and bounds of the area proposed for rezoning.

(4)

The area in which the lot proposed to be reclassified is located, the street address, the tax map/parcel number(s), and the location with respect to the nearby public streets; and

(5)

The name and address of the owners of the land; and

(6)

The area of land proposed to be reclassified, stated in square feet of less than one acre, and in acres if one acre or more; and

(7)

The application file number, date of application, and action taken on all prior applications filed for the reclassification of the whole or part of the land proposed to be reclassified;

(8)

A list of all current owners of record for properties located immediately adjacent to or directly across a public street or railroad right-of-way from the subject property. The list shall include the current names, mailing addresses, and tax map parcel numbers as reflected on the current tax roll of Jenkins County.

(9)

Letter of intent which states the nature of the request and the reasons thereof.

(10)

Letter of authorization if the applicant is not the current owner or is one of multiple owners. This shall be notarized and signed by the owner(s) authorizing the applicant to submit and be responsible for the application.

12-2.5.

Application for Special Exception Approval. An application for a special exception approval shall include the following:

(1)

The community or area in which is located the land proposed to be reclassified and the street number, if any, or if none, the location with respect to the nearby public roads in common use;

(2)

A plat of the land in question, and a description by metes and bounds, bearings, and distances of the land, or if the boundaries conform to the lot boundaries within a subdivision for which a plat is recorded in the land records of the County; then the lot, block, and subdivision designations with appropriate plat reference; or the map and parcel number according to the current tax mapping system of Jenkins County;

(3)

The present zoning classification and the proposed special exception usage proposed for the subject property;

(4)

The names and address of the owners of the land, and the names and addresses of abutting property owners;

(5)

The area of the land proposed to be reclassified stated in square feet if less than one acre, and in acres if one or more;

(6)

The application number, date of application, and action taken on all prior applications filed for the rezoning or special exception use of the whole or part of the land proposed for special exception use.

12-2.6.

Referral to Planning Commission. By the 10 ^th working day of each month, the zoning administrator shall transmit a copy of the completed application and accompanying materials to the planning commission staff, and other applicable local staff members, for review and recommendation. The planning commission staff shall then coordinate the review among applicable staff, and prepare a cumulative report and recommendation to the planning commission members. The planning commission shall review each application request and shall make a recommendation to mayor/council for either approval or denial.

12-2.7.

Notice of Public Hearing.

(1)

Posting of Property. Not less than 15 days prior to the date set for the public hearing on the application for a map amendment, and pursuant to Chapter 66 O.C.G.A., the zoning administrator shall erect at least one notification sign on the land proposed to be reclassified showing the application file number, the present zoning classification, the scheduled date, time and place of the public hearing, and the telephone number to call for more information. Said sign(s) shall be located within 10 feet of whatever boundary line of such land that abuts the street of the advertised address and readily visible to the public. The sign shall remain on the property in the proper location until the public hearing has been held and the governing body has either approved or denied the application. If the land sought to be reclassified lies within more than one block as shown on a plat recorded in the land records of Jenkins County, then a sign shall be erected on the land in each such block. In the case of two intersecting street frontages (corner lot), a single sign may be placed at or near the corner of the intersection at the zoning administrator's discretion. In the case of two or more non-intersecting street frontages, a notification sign shall be placed along each non-intersecting street frontage.

(2)

Notification of Adjacent Property Owners. In the case of a map amendment, the zoning administrator shall prepare a "notice of public hearing" letter and send a copy by certified mail to each adjacent property owner as described above. The notice shall include the application file number, a map depicting the location of the subject property, the present zoning classification, the proposed zoning classification, the scheduled date, time, and place of public hearing, and the telephone number to call for further information. These notices shall be postmarked not less than 15 days prior to the scheduled date of public hearing. The application shall include an additional fee to defray the expense of preparing and mailing these notices. The accuracy and completeness of the list of property owners shall be the responsibility of the applicant.

(3)

Newspaper Advertisement. Not less than 15 days prior to the scheduled date of public hearing, and pursuant to Chapter 66 O.C.G.A., a notice of public hearing shall be published for at least two consecutive issues in a newspaper of general circulation within the City of Millen. Such notice shall state the application file number; and shall contain a summary of the proposed amendment in the case of a text amendment; and the location of the property, its area, owner, or tax assessors map and parcel numbers, the current zoning classification; and the proposed classification in the case of a map amendment.

12-2.8.

Public Hearing Process.

(1)

Notice to Interested Parties. A notice of the date, time and place of the hearing shall be given by the zoning administrator to the applicant and the planning commission. All application files shall be placed in the custody of the zoning administrator, and shall be open to public inspection during regular office hours

(2)

Hearing Procedure. All public hearings on zoning matters shall be placed on the mayor/council agenda under a section entitled "Public Hearings". After an initial staff presentation of a specific zoning and/or annexation/zoning request by the mayor/council or their designated staff, citizens' comments will be heard in an orderly fashion. The mayor, mayor pro-tem or designated council member will ask for those citizens speaking against the request first, followed by those in favor of the issue. All speakers will be asked to provide his or her name and address for the public record. Citizens are requested to keep their comments as brief as possible so that all who wish to be heard will have adequate time. When there are a large number of citizens wishing to testify at a given hearing, the presiding officer may invoke time limitations on speakers. In such cases, these time limits shall apply to both sides of the issue equally, and shall be a minimum of ten minutes per side. Citizens may address their comments to the mayor/council as a whole. Individual attacks or cross examination of council members, city employees, or other citizens will be ruled out of order. After all citizen comments have been received, all further discussion of the specific application is reserved for the mayor/council. The council retains the privilege to ask any questions of staff or any citizen present for clarification. The mayor/council will then vote on the application.

When in the opinion of the mayor/council, the official public hearing has brought forth substantial new evidence not available to the planning commission at the time of their hearing, or should the mayor/council desire to request further study by the planning commission of a particular aspect of an application request, it is the policy of the mayor/council to table the matter and request the planning commission to restudy the request and affirm or amend its recommendation, which action shall be reported to the mayor/council prior to making a final decision.

12-2.9.

Standards for Exercise of Zoning Powers. In order to promote the public health, safety, morality and general welfare of the City of Millen against the unrestricted use of property, the recommendation of the planning commission, the following standards, and any other factors relevant to balancing the above stated public interest, will be considered by the mayor/council in making any zoning decision:

(1)

The existing land use pattern;

(2)

The possible creation of an isolated district unrelated to adjacent and nearby districts;

(3)

The existing population density pattern and the possible increase of the load on public facilities;

(4)

Whether changed or changing conditions make the passage of the proposed amendment reasonable;

(5)

Whether the proposed change will adversely influence existing conditions in the neighborhood or the community at large;

(6)

Potential impacts on the environment, including but not limited to drainage, wetlands, groundwater recharge areas, endangered wildlife habitats, soil erosion and sedimentation, floodplains, air quality, and water quality and quantity;

(7)

The costs required of the public in providing, improving, increasing or maintaining public utilities, schools, streets and public safety necessities when considering the proposed change;

(8)

Whether the proposed change will be a deterrent to the value or improvement of development of adjacent or nearby property in accordance with existing regulations;

(9)

Whether the proposed change is out of scale with the needs of the neighborhood or the City of Millen;

(10)

Whether the proposed change will constitute a grant of special privilege to the individual owner as contrasted with the adjacent or nearby neighborhood or with the general public; and

(11)

The extent to which the zoning decision is consistent with the adopted local comprehensive plan as determined by the planning commission.

12-2.10.

Standards for Special Exception Review. In addition to the standards enumerated in subsection (e) above, the following additional standards shall be considered for special exception requests:

(1)

Is the type of street providing access to the use adequate to serve the proposed special exception use?

(2)

Is access into and out of the property adequate to provide for traffic and pedestrian safety, the anticipated volume of traffic flow, and to allow access by emergency vehicles?

(3)

Are public facilities such as schools, water, sewer or other public utilities and police and fire protection adequate to serve the proposed special exception use?

(4)

Are refuse, service parking and loading areas on the property located or screened to protect other properties in the area from such adverse effects as noise, light, glare and other negative impacts?

(5)

Will the hours and manner of operation of the special exception use have no adverse impacts on other properties in the area?

(6)

Will the height, size or location of the buildings or other structures on the property be compatible with the height, size or location of buildings or other structures on neighboring properties?

(7)

Provided that the mayor/council may impose or require such additional restrictions and standards as may be necessary to protect the health and safety of workers and residents in the community, and to protect the value and use of property in the general neighborhoods.

12-2.11.

Public Hearings Records Standards. The city/clerk shall mechanically record the proceedings of all zoning public hearings. If requested by any party, copies of mechanical or electronic recordings, not written verbatim transcripts, can be prepared, but only if requested and purchased in advance by the requesting party. The record of the public hearing and all evidence (e.g., maps, drawings, traffic studies, etc.) submitted at the public hearing shall be noted as such and shall become a permanent part of the particular zoning amendment's file.

In certain cases where it is deemed that a proposed use is compatible with the surrounding neighborhood but the required zoning would allow uses that are too intensive to mix compatibly with the surrounding area, the mayor and council of the City of Millen may, upon recommendation by the planning staff and/or the planning commission, or on its own initiative, apply certain conditions to a rezoning request in order to allow the proposed use while preserving the purpose and intent of this ordinance. In such cases where conditional zoning is approved, the approval shall be noted as follows: R-1A(c), P-1(c), B-1(c), etc. Any uses would be subject to the conditions applied to the rezoning.

In the event that an error is discovered with the official zoning map, the planning director, zoning administrator, or their representative, may correct the error administratively, provided that the error can be proven and documented. A file must be created including all evidence and documentation as well as a map depicting the zoning prior to and after the correction. Such error correction shall not be considered an amendment.