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restrictions, and boundaries set forth in this ordinance may from time to time be amended, supplemented, changed, or repealed, provided however, that no such action may be taken until after a public hearing in relation thereto, at which parties in interest and citizens shall have an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

This ordinance, including the official zoning map of Morrow, may be amended from time to time by the city council of Morrow. The city council may also refer administrative changes to the planning and zoning board for review and to make a recommendation.

The following procedure shall be followed by an applicant requesting a zoning change:

1.

Any person or persons 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 city council as an appropriate fee for same to cover administrative costs, with the city clerk.

2.

A correct legal description of the property in question shall accompany the application.

3.

A legible site plan depicting the proposed use of the property shall accompany the application and include:

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 proposed as-built location and configuration (building outline) of all buildings to be located on the site and the gross square footage of buildings.

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 complete rezoning application shall be filed, including all required fees, prior to advertisement for hearing.

5.

The planning and zoning board shall hold a public hearing on all rezoning applications. Notice of the public hearing shall be published in a newspaper of general circulation within the city no less than fifteen (15) and no more than forty-five (45) days prior to the date of hearing. The notice shall include the time, place and date of hearing along with the purpose of the hearing.

If a rezoning is initiated by a party other than the city council, the public notice of hearing shall also include the location of the property to be rezoned, the present zoning classification, and the proposed zoning classification.

For rezonings initiated by a party other than the city council, there shall also be posted on the property in a prominent location, a sign containing all of the information required in the public notice not less than fifteen (15) days prior to the date of hearing.

Procedural guidelines shall be available for distribution to the general public.

Any proposed action that includes zoning decisions for rezoning of property or variance or conditions concurrent with a rezoning or special use shall only require one hearing pursuant to O.C.G.A. § 36-66-4(a).

6.

On the date of hearing, the planning and zoning board shall meet to consider the rezoning application. At the time the hearing is initiated, the applicant or his representative shall be afforded an opportunity to speak on behalf of the applicant and to provide any desired information to the city. Supporters of the application may likewise address the planning and zoning board with their comments. No application shall be entertained for approval where the applicant fails to appear either personally or by representative.

The public hearing is open to all members of the public and any member of the public is entitled to speak and present his or her views and supporting information. Each side, those supporting and those against an application, shall be afforded an equal amount of time to make their views known, which time shall be no less than ten minutes per side. The city may require proponents and opponents of an application to designate a speaker who can present their consolidated comments in an expeditious manner.

At the conclusion of hearing, the planning and zoning board shall formulate a recommendation to the city council which may be a recommendation for approval, denial, approval with conditions, or tabling the matter to allow an applicant to amend its application in accordance with the information developed at hearing or sought to be supplemented. In the event a matter is tabled for production of additional information, a second hearing following notice as provided in paragraph 5 shall be held.

A report of the planning and zoning board shall then be transmitted to the city council for the placement on the council's next available agenda.

The city council may hold an additional public hearing if it determines that it would be helpful in making its final determination. The mayor and city council shall make the final determination on all zoning amendments and may approve the amendment, deny the amendment, or approve the amendment with conditions.

7.

Procedures for zoning decisions as defined in O.C.G.A. § 36-66-3(4) that amend zoning classifications or definitions related to single-family residential uses so as to authorize multifamily uses on the subject property pursuant to such classifications or definitions shall be in accordance with the following stated procedures.

(1)

Notwithstanding any other provisions to the contrary, when a proposed zoning decision relates to an amendment of the zoning ordinance to revise one 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 classification 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, such zoning decision must be adopted in the following manner:

(a)

The zoning decision shall be adopted at two (2) regular meetings of the city council making the zoning decision, during a period of not less than twenty-one (21) days apart; and

(b)

Prior to the first meeting provided for in subparagraph (a) of this paragraph, at least two (2) public hearings shall be held on the proposed action. Such public hearings shall be held at least three (3) months and not more than nine (9) months prior to the date of final action on the zoning decision. Furthermore, at least one of the public hearings must be held between the hours of 5:00 p.m. and 8:00 p.m. The hearings required by this paragraph shall be in addition to any hearing before the mayor and council required under subsection 5 of this section. The city shall give notice of such hearing by:

(i)

Posting notice on each affected premises in the manner prescribed by sections of this section; provided, however, that when more than 500 parcels are affected, in which case posting notice is required every 500 feet in the affected area; and

(ii)

Publishing in a newspaper of general circulation within the territorial boundaries of the city a notice of each hearing at least fifteen (15) days and not more than forty-five (45) days prior to the date of the hearing. Both the posted notice and the published notice shall include a prominent statement that the proposed zoning decision relates to or will authorize multifamily uses or give blanket permission to the property owner to deviate from the zoning requirements of a single-family residential zoning of property in classification previously relating to single-family residential uses. The published notice shall be at least nine (9) column inches in size and shall not be located in the classified advertising section of the newspaper. The notice shall state that a copy of the proposed amendment is on file in the office of the clerk or the recording officer of the city and in the office of the clerk of the county superior court for the purpose of examination and inspection by the public. The city shall furnish anyone, upon written request, a copy of the proposed amendment, at no cost.

(2)

The provisions of paragraph (1) of this subsection shall also apply to any zoning decisions that provide for the abolition of all single-family residential zoning classifications within the territorial boundaries of a city or zoning decisions that result in the rezoning of all property zoned for single-family residential uses within the territorial boundaries of a city to multifamily residential uses of property.

(3)

This subsection shall not apply to zoning decisions for the rezoning of property from a single-family residential use of property to a multifamily residential use of property when the rezoning is initiated by the owner or authorized agent of the owner of such property.

(Ord. No. 96-12, § 2, 10-8-96; Ord. No. 98-11, § 3, 10-13-98; Ord. No. 2009-06, §§ 30, 31, 5-26-09; Ord. No. 2023-03, §§ 5, 6, 6-27-23)

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

(Ord. No. 94-07, § 1(J), 6-21-94; Ord. No. 99-13, § 1, 6-8-99)

Upon favorable action approving a zoning amendment or approving a zoning amendment with conditions, the owner or applicant shall make substantial progress to utilize the new classification for the property within a period of 12 months from the date of such action. Substantial progress shall mean the attaining of a building permit or approval of a site plan. Should a property owner fail to make substantial progress on use of the zoning classification within a period of 12 months from the date of decision, the city council may notice the matter for public hearing and, following notice and public hearing, may revert the zoning of the property to its former classification.

(Ord. No. 2009-06, § 32, 5-26-09)

In considering applications for amendments to the zoning ordinance or official zoning map, or in making other zoning decisions, the following factors may be considered:

1.

The impact upon the appearance of the city;

2.

The impact upon thoroughfare congestion and traffic safety;

3.

The impact upon population density and the potential for overcrowding and urban sprawl;

4.

The impact upon the provision of water, sewerage, transportation and other urban services;

5.

The protection of property against blight and depreciation;

6.

Consistency with the adopted land use plan;

7.

The impact upon adjacent property owners if the amendment is approved;

8.

The impact on the owner of retaining the property in its existing zoning.

9.

Any other factor effecting the health, safety, morals, convenience, order, prosperity, or the general welfare of the present and future inhabitants of the City of Morrow.

(Ord. No. 2009-06, § 33, 5-26-09)