(a)

Applicability. Public hearings by the City Council required by this chapter with regard to rezoning requests (amendments to the official zoning map), amendments to an overlay district boundary, applications for conditional uses, applications for variances, and appeals of any administrative decision shall be called and conducted in accordance with the procedures of this section. If the City Planning Commission elects to hold a public hearing or is otherwise obligated to hold a public hearing per the requirements of this chapter, then the Planning Commission shall call and conduct its public hearings in accordance with this section, and this section shall in such cases be interpreted accordingly. Nothing in this section shall be construed as prohibiting a presiding officer or hearing body from conducting a public hearing in a fair, orderly, and decorous manner.

(b)

Presiding officer. The presiding officer shall preside over the public hearing. In the case of the City Council, the Mayor shall preside, or in the absence of the Mayor, the Mayor Pro Tempore shall preside, or in the absence of both the Mayor and Mayor Pro Tempore, another member of the City Council shall be designated to preside over the public hearing. In the case of the City Planning Commission, if a public hearing is required or held, the chairperson of the commission shall preside, or in the absence of the chairperson, the vice-chairperson if designated, or if neither is present to preside, another member of the commission shall be designated to preside.

(c)

Opening of public hearing. The presiding officer shall indicate that a public hearing has been called on one or more applications made pursuant to this chapter, shall summarize the processes required by this article (or call on the Zoning Administrator to summarize), and shall open the public hearing. Thereupon, the presiding officer shall call the first case and the City Council shall consider each application on an individual basis in succession as printed on the published agenda or as otherwise approved by the City Council; provided, however, that the presiding officer may at his discretion call and consider more than one application simultaneously when more than one application involves the same piece of property, or when proceedings would be efficiently completed by combining separately required public hearings and discussing more than one scheduled matter as a single group of applications.

(d)

Report of zoning administrator. Upon opening the public hearing, the presiding officer may recognize the Zoning Administrator, who may provide a summary of the application and present any recommendations or results of investigations. Unless a member of the City Planning Commission is present and is authorized and willing to speak for the Planning Commission on the subject application, the Zoning Administrator may also summarize the recommendations made by the City Planning Commission. Any member of the City Council upon recognition by the presiding officer may ask questions of the Zoning Administrator or designee or other city or Planning Commission representative providing a report or recommendations. The Zoning Administrator or Planning Commission may be represented at the public hearing by written report in lieu of oral testimony.

(e)

Identification of speakers. Prior to speaking, each speaker (including applicant, agent of applicant, and all others) must identify himself and state his current address for the record. The presiding officer may require a speaker to complete an information card supplying such information, prior to testifying.

(f)

Applicant and those in favor of the application. When an individual application comes up for hearing, the presiding officer may ask for a show of hands of those persons who wish to appear in support of the application. If it appears that the number of persons wishing to appear in support of the application is in excess of those who may reasonably be heard, the presiding officer may request that a spokesperson for the group be chosen to make presentations. Following the report of the Zoning Administrator or designee, or Planning Commission spokesperson, if any, the presiding officer shall recognize the applicant or his agent, spokesperson, or each of them, who shall present and explain the application, followed by any other persons wishing to speak in favor of the application. It shall be the duty of the applicant to carry the burden of proof that approval of the proposed application will promote the public health, safety, morality or general welfare. There shall be a minimum time period of ten minutes per application at the public hearing for the applicant or agent and anyone in favor of the application to present data, evidence, and opinions. The City Council shall not be obligated to provide the full ten-minute period to the proponents if they elect not to use that much time, nor shall there be an obligation to provide a minimum of ten minutes per application in the event that more than one application involving the same property is heard simultaneously. An applicant or agent may reserve any remaining unused time from the allotted time period for rebuttal. Upon the completion of testimony or remarks by the applicant or applicant's agent and those speaking in favor of the application, any member of the City Council upon recognition by the presiding officer may ask questions of the applicant or agent of the applicant, or both, or any person speaking in favor of the application.

(g)

Questions and opposing public comments on the application. At the conclusion of the applicant's presentation and any testimony by others in favor of the application, the presiding officer shall call for public comments from those who wish to ask questions, make comments or oppose the application. The presiding officer may ask for a show of hands of those persons who wish to ask questions, make comments, or speak in opposition to the application. If it appears that the number of persons wishing to ask questions, make comments, or speak in opposition to the application is in excess of those who may reasonably be heard, the presiding officer may request that a spokesperson for the group be chosen to make presentations, ask questions, or speak in opposition. There shall be a minimum time period of ten minutes per application at the public hearing for the opponents to present data, evidence, and opinions and ask questions. The City Council shall not be obligated to provide the full ten minutes per application to the opponents if they elect not to use that much time, nor shall there be an obligation to provide a minimum of ten minutes per application in the event that more than one application involving the same property is heard simultaneously. Upon the completion of testimony or remarks by those asking questions or speaking in opposition to the application, any member of the City Council upon recognition by the presiding officer may ask questions of those speakers.

(h)

Response to questions. Upon the completion of testimony or remarks by those asking questions or speaking in opposition to the application, the presiding officer may:

(1)

Ask the Zoning Administrator, if present, to answer questions posed by speakers;

(2)

Ask such questions himself;

(3)

Recognize a member of the City Council to make remarks or answer questions in response to such questions; or

(4)

Defer questions to the applicant to be answered during rebuttal.

(i)

Content of remarks. Each speaker shall speak only to the merits of the proposed application under consideration and shall address his remarks only to the City Council and not directly to the audience. Each speaker shall refrain from personal attacks on any other speaker or the discussion of facts or opinions irrelevant to the proposed application under consideration. The presiding officer may limit or refuse a speaker the right to continue, if the speaker, after first being cautioned, continues to violate this procedure.

(j)

Applicant's rebuttal. Upon the conclusion of public testimony, if the ten minutes allotted to the applicant and those speaking in favor of the application has not been exhausted, the applicant or his agent, or both, shall be allowed the remaining time from the total ten minutes allotted to answer questions, rebut the testimony of speakers, or provide final comments and remarks. The time devoted to any such rebuttal shall be counted toward the total ten minutes allotted to the applicant if such a time limit is set by the presiding officer. Any member of the City Council, upon recognition by the presiding officer, may then ask questions of the applicant, his agent, or both.

(k)

Equal time. In no event shall this section be interpreted to, and in no case shall the presiding officer, allow or permit an unequal amount of time to proponents and opponents with respect to testimony regarding an individual application.

(l)

Close of hearing. After the foregoing procedures have been completed, the presiding officer will close the public hearing and indicate that the public hearing is closed. Upon the closing of the public hearing, the applicant or his agent and any member of the public shall no longer be permitted to address the City Council in any way, including hand waving or motions for attention; provided, however, that at any time considered appropriate the presiding officer may reopen the public hearing for a limited time and purpose.

(m)

Decision. After the public hearing is closed, the City Council may either vote upon the application or may delay its vote to a subsequent meeting, subject to the limitations of this article, provided that notice of the time, date and location when such application will be further considered shall be announced at the meeting during which the public hearing is held. After hearing evidence, in making a decision, the City Council will apply the evidence to the criteria specified in this article for the application in question and other considerations and recommendations as may be considered appropriate. If the City Council determines from the evidence presented by the applicant that the proposed application promotes the health, safety, morals, and general welfare under applicable criteria, then the application shall be granted, subject to those reasonable conditions as may be imposed by the City Council on its own initiative or as recommended by the Zoning Administrator or the City Planning Commission. Otherwise, such application shall be denied.

(Code 1997, § 40-1001; Ord. of 2-6-2012, § 1(40-1001))

(a)

Authority to amend. The City Council may amend any article or section of this chapter, subject to compliance with the requirements of this section.

(b)

Authority to initiate. An application to amend this chapter may be initiated by the City Council or the City Planning Commission. In addition, any person, firm, corporation, or agency may initiate by application to the Zoning Administrator a proposal to amend the text of this chapter, provided the individual, firm, corporation, or agency is the owner or owner's agent of property in the City and the amendment sought pertains in some way to the property within the City, and provided further that the applicant has attended a pre-application meeting with the Zoning Administrator to discuss the amendment proposal prior to filing.

(c)

Application. Applications to amend the text of this chapter shall require submittal of an application fee, application form, and proposed text amendment in a form approved in advance by the Zoning Administrator. The Zoning Administrator shall waive the application fee required by this section when an application is initiated by the City Council or the Planning Commission.

(d)

Referral to and recommendation by Planning Commission. Upon receipt of a completed application for a text amendment or within a reasonable time thereafter, the Zoning Administrator shall refer the text amendment to the City Planning Commission. The meeting at which the Planning Commission considers a text amendment shall be open to the public, but the Planning Commission meeting shall not be required to be an advertised public hearing and the Planning Commission shall not be obligated to but may hold a public hearing on the text amendment. The Planning Commission shall make a recommendation on the text amendment within 30 days of the meeting it is first scheduled to consider the text amendment, and its recommendation shall be submitted to the City Council. The Planning Commission may submit any additional report it deems appropriate. The applicant will be notified in writing by the Zoning Administrator of the recommendation within seven working days of the decision. The recommendation and any report shall upon publication be available upon request to the public. The recommendation of the Planning Commission shall have an advisory effect only and shall not be binding on the City Council.

(e)

Notice of City Council public hearing. At least 15 but not more than 45 days prior to the date of the public hearing before the City Council, the Zoning Administrator shall cause to be published within a newspaper of general circulation within the territorial boundaries of the City a notice of the public hearing on the text amendment. The notice shall state the time, place, and purpose of the public hearing.

(f)

City Council public hearing and action. The City Council shall hold a public hearing on the text amendment as advertised and after review and recommendation by the Planning Commission. In the event that the Planning Commission has not submitted its report and the public hearing has already been advertised, the City Council may elect to proceed with the advertised and scheduled public hearing, or it may reschedule and readvertise the public hearing for a day after which the Planning Commission's recommendation will be available. In rendering a decision on any such text amendment, the City Council shall consider all information supplied by the Zoning Administrator and the Planning Commission, any information submitted by the applicant, and any information presented at the public hearing. The City Council may approve or disapprove the proposed text amendment as written, or it may modify the proposed text amendment and approve it as modified. The applicant will be notified in writing by the Zoning Administrator of the decision within seven working days of the decision.

(g)

Withdrawal. Any application for an amendment to the text of this chapter may be withdrawn at any time at the discretion of the person or entity initiating such a request upon notice to the Zoning Administrator, up until the public hearing by the City Council. When any application for a text amendment is initiated by a party other than the City Council or the Planning Commission, no refund of the required application fee or portion thereof shall be made once the text amendment has been scheduled for public hearing.

(Code 1997, § 40-1002; Ord. of 2-6-2012, § 1(40-1002))

(a)

Authority to amend. The City Council may amend any boundary of a zoning district or overlay district as shown on the official zoning map or overlay district map, subject to compliance with the requirements of this section.

(b)

Authority to initiate. An application to amend the official zoning map or overlay district map may be initiated by the City Council or the City Planning Commission. In addition, any person, firm, corporation, or agency may initiate by application to the Zoning Administrator a proposal to amend the official zoning map or overlay district map, provided the individual, firm, corporation, or agency is the owner or owner's agent of the property involved in the application.

(c)

Application. Applications to amend the official zoning map or overlay district map shall require submittal of an application fee, application form, and supporting materials specified by this section in advance by the Zoning Administrator. No application described in this section shall be processed by the Zoning Administrator unless it is found to be complete with regard to application materials, payment of fees, supportive materials, and any other application requirements specified by this section. If an application described and regulated by this section does not comply with all the submission requirements of this section, the Zoning Administrator may reject the application and refuse to process it. The Zoning Administrator shall waive the application fee required by this section when an application is initiated by the City Council or the Planning Commission.

(d)

Application requirements. No application specified in this section shall be processed by the Zoning Administrator unless it meets the requirements of this section as follows:

(1)

Application fee as established by resolution of the City Council;

(2)

Application form furnished by the Zoning Administrator, including signed and notarized signature of property owner;

(3)

Metes and bounds legal description of the property;

(4)

Boundary survey plat of the property; provided, however, that where no survey is available, the Zoning Administrator may, but is not obligated to, accept a map of the subject property from the Newton County Tax Assessors or other reliable source;

(5)

Letter of intent describing the proposed use of the property or other action requested, which may include any special conditions voluntarily made by the applicant as a part of the request. The applicant is also strongly encouraged to address the extent to which the application meets the criteria specified in this section for amendments to the official zoning map or overlay district map; and

(6)

Site plan of the property and proposed development at an appropriate engineering scale showing the proposed use and relevant information regarding proposed improvements. Site plans must show existing roads and streams, floodplains and wetlands where applicable, existing and proposed buildings and structures, parking and loading areas as may be applicable, areas of existing vegetation or parts of the site to be landscaped, conceptual information about drainage and stormwater management, and other information as reasonably required by the Zoning Administrator.

(e)

Referral to and recommendation by Planning Commission. Upon receipt of a completed application to amend the official zoning map or overlay district map or within a reasonable time thereafter, the Zoning Administrator shall refer the application to the City Planning Commission. The meeting at which the Planning Commission considers the application shall be open to the public, but the Planning Commission meeting shall not be required to be an advertised public hearing and the Planning Commission shall not be obligated to but may hold a public hearing on the application. The Planning Commission shall make a recommendation on the application within 30 days of the meeting it is first scheduled to consider the application, and its recommendation shall be submitted to the City Council. The Planning Commission may submit any additional report it deems appropriate. The applicant will be notified in writing by the Zoning Administrator of the recommendation within seven working days of the decision. The recommendation and any report shall, upon publication, be available upon request to the public. The recommendation of the Planning Commission shall have an advisory effect only and shall not be binding on the City Council.

(f)

Notice of City Council public hearing. At least 15 but not more than 45 days prior to the date of the public hearing before the City Council, the Zoning Administrator shall cause to be published within a newspaper of general circulation within the territorial boundaries of the City a notice of the public hearing on the application. The notice shall state the time, place, and purpose of the public hearing. If the application is initiated by a party other than the City Council or the Planning Commission, then, in addition, notice shall include the location of the property, the present zoning classification of the property, and the proposed zoning classification of the property; and a sign containing the required information shall be placed in a conspicuous location on the property not less than 15 days prior to the date of the public hearing before the City Council and which shall remain through the date of any public hearings advertised thereon.

(g)

Criteria for amendments to official zoning map. The following criteria are considered applicable or potentially applicable:

(1)

Whether the proposal will permit a use that is suitable in view of the use and development of adjacent and nearby property.

(2)

Whether the proposal will adversely affect the existing use or usability of adjacent or nearby property.

(3)

Whether the property to be affected by the proposal has a reasonable economic use as currently zoned.

(4)

Whether the proposal will result in a use which will or could cause an excessive or burdensome use of existing streets, transportation facilities, utilities, or schools.

(5)

Whether the proposal is in conformity with the policy and intent of the comprehensive plan, including the future development map and future land use plan map.

(6)

Whether there are other existing or changing conditions affecting the use and development of the property which give supporting grounds for either approval or disapproval of the proposal.

(7)

Whether the proposal would create an isolated zoning district unrelated to adjacent and nearby districts.

(8)

Whether the proposal would have an impact on the environment, including, but not limited to, drainage, soil erosion and sedimentation, flooding, air quality and water quality.

(h)

City Council public hearing and action. The City Council shall hold a public hearing on the application as advertised and after review and recommendation by the Planning Commission. In the event that the Planning Commission has not submitted its report and the public hearing has already been advertised, the City Council may elect to proceed with the advertised and scheduled public hearing, or it may reschedule and re-advertise the public hearing for a day after which the Planning Commission's recommendation will be available. In rendering a decision on any such application, the City Council shall consider all information supplied by the Zoning Administrator and the Planning Commission, any information submitted by the applicant, any information presented at the public hearing, and the extent to which the application meets the criteria specified for amendments to the official zoning map as prescribed in this section. The City Council may approve or disapprove the application as proposed, or it may place conditions of approval on the application and approve the application with conditions. The applicant will be notified in writing by the Zoning Administrator of the decision within seven working days of the decision.

(i)

Withdrawal. Any application for an amendment official zoning map or overlay district map may be withdrawn at any time at the discretion of the person or entity initiating such a request upon notice to the Zoning Administrator, up until the public hearing by the City Council. When any application is initiated by a party other than the City Council or the Planning Commission, no refund of the required application fee or portion thereof shall be made once the application has been scheduled for public hearing.

(j)

Limitations on the frequency of filing applications. No application regulated by this section and affecting the same or any portion of property which was denied by the City Council shall be accepted for filing by a property owner until 12 months shall have elapsed from the date the application was denied by the City Council. The same or any portion of property previously considered in a zoning map amendment which was denied by the City Council may not again be initiated until the expiration of at least six months immediately following the final decision rendered on the application by the City Council.

(Code 1997, § 40-1003; Ord. of 2-6-2012, § 1(40-1003))