Whenever justified for the public good, the city council may undertake the necessary steps to amend this ordinance. However, no amendment shall become effective unless it shall have been first submitted to the planning commission for review and recommendation.

(Ord. No. 1188, § 1, 2-18-2021; Ord. No. 1207, § 1, 2-16-2023)

This ordinance, including the zoning map, may be amended from time to time, but no amendment shall be adopted except through the following procedure:

(1)

Eligibility to initiate procedure.

(a)

An application for rezoning of property may be submitted only by the owner of said property or the owner's representative; in addition, a proposal for rezoning may be initiated by the city council or by the planning commission;

(b)

A proposal to amend the text of the zoning ordinance may be initiated only by the city council or by the planning commission, except text amendments to specifically numbered LUR and LUC districts may be initiated by the property owner and follow the zoning map amendment hearing process;

(c)

While any person may request that the city council or the planning commission initiate a proposal for rezoning or a proposal to amend the zoning ordinance, such a request must be adopted as an official proposal of that body before it can be forwarded to the next step in this procedure;

(d)

A property owner may not apply for rezoning of the same parcel more often than once every six months; provided that a property owner, with the consent of the city council, may voluntarily withdraw the rezoning application once prior to the time same is acted upon by the city council, and the six-month waiting period shall not apply to a subsequent rezoning application for the same parcel; the "same parcel" is one which includes any portion of a parcel for which a rezoning application has been submitted previously; and

(e)

If an application for rezoning is denied by action of the city council, then the same property may not again be reconsidered for rezoning until the expiration of at least six months immediately following said denial.

(2)

Filing an application.

(a)

Rezoning applications shall be filed with the planning department on forms provided by the planning department. The planning department shall submit the application to the planning commission for review and recommendation. The proposals initiated by the city council shall be forwarded directly to the planning commission for review and recommendation.

(b)

Any communication relative to an amendment request will be regarded as information only until a proper application is made in the form required.

(3)

Fees. The city council shall set the fees from time to time by resolution.

(4)

Stay of permit. No permit shall be issued for grading or construction on a parcel of land where a proposal for rezoning of said parcel has been initiated prior to submittal of an application for a permit.

(Ord. No. 415, 11-13-1986; Ord. No. 420, 1-8-1987; Ord. No. 1188, § 2, 2-18-2021; Ord. No. 1207, § 2, 2-16-2023)

(1)

The planning commission shall review all applications at meetings which are open to the public. At a meeting, any party may appear in person or be represented by an agent or attorney. No member of the planning commission shall participate in any way in a hearing in which he or she has any financial or special interest.

(2)

At least ten, but not more than 45 days' notice of the time and place of any public meeting held for the purpose of considering an application to amend the zoning map shall be published in the newspaper of general circulation which serves as the legal organ for the city. The notice shall include the location, present zoning classification, and proposed zoning classification of the property. A sign displaying the hearing date, present zoning classification, and proposed zoning classification shall be placed in a conspicuous location on the property not less than ten days prior to the hearing date.

(3)

The planning commission shall have 30 days from the date of submittal of a completed application for a proposed amendment to make its recommendation. If the planning commission fails to make its recommendation within the 30-day period, it shall be deemed to have recommended approval of the proposed amendment. The above 30-day period may be extended with the approval of the applicant.

(4)

In making its recommendations to the city council, the planning commission shall consider the factors adopted in section 1304, subparagraph (d) of this zoning ordinance.

(Ord. No. 1207, § 3, 2-16-2023)

Editor's note— Ord. No. 1188, § 3, adopted February 18, 2021, repealed former § 1303 which pertained to planning commission hearings and derived from Ord. No. 420, adopted January 8, 1986.

(1)

Public hearing.

(a)

Except as provided in section 1305 of this ordinance, before enacting an amendment to this ordinance, including the zoning map, the city council shall hold a public hearing thereon, at least 15 days but not more than 45 days' notice of the time, place and purpose of which shall be published in the newspaper of general circulation which serves as the legal organ for the city.

The notice for zoning map amendments shall include the location, present zoning classification, and proposed zoning classification of the property. A sign displaying the hearing date, present zoning classification, and proposed zoning classification shall be placed in a conspicuous location on the property not less than 15 days prior to the hearing date. In addition, at least 15 days prior to the holding of a public hearing under this section, a copy of the notice shall be sent by first class mail to all owners of property adjacent to the property considered for rezoning, and to all owners of property located within 200 feet of the property to be considered for rezoning. Property ownership shall be ownership as shown by the Fayette County Tax Digest for the year in which the zoning application is considered, and the city officials have no duty to inquire into ownership beyond that shown on said tax digest. As used in this section, the phrase "owners of adjacent property" means any owner of property that physically touches the property considered for rezoning.

(b)

The city council shall act on any amendment application as soon as possible, within 60 days from the date of the planning department's determination that the submitted application is complete and correct.

(c)

At a hearing before the city council, any party may appear in person or be represented by an agent or an attorney. Should the applicant or a representative of the applicant fail to appear at the public hearing, the council may take action on the proposed amendment or may continue the public hearing to another date. Should the applicant or a representative of the applicant fail to appear at a public hearing and the amendment be continued to another meeting, the applicant shall be responsible for any costs associated with re-advertising the notice of the public hearing.

(d)

The following factors, where relevant, shall be considered in evaluating a proposed change to the zoning map:

(1)

Whether the zoning proposal is in conformity with the policy and intent of the land use plan;

(2)

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

(3)

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

(4)

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

(5)

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

(6)

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

(2)

Public hearing procedures shall comply with those outlined in section 2-38, public hearings, of this Code.

(Ord. No. 420, 1-8-1986; Ord. No. 499, 7-6-1989; Ord. No. 822, 12-18-2003; Ord. No. 823, 12-18-2003; Ord. No. 1188, § 4, 2-18-2021; Ord. No. 1207, § 4, 2-16-2023; Ord. No. 1210, § 5, 6-15-2023)

If a 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 multi-family 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 shall follow the procedures set forth in O.C.G.A. § 36-66-4(h), as the same may be amended, unless excepted from such procedures by said statute, in which event the procedures set forth in section 1304 shall apply.

(Ord. No. 1210, § 7, 6-15-2023)

Editor's note— Ord. No. 1210, § 7, adopted June 15, 2023, added a new § 1305 as set out above and later amended, and § 6 of the same renumbered the existing § 1305 as § 1306.

Following final action by the city council, any necessary changes shall be made within 90 days to the zoning map.

Temporary notation shall be made within the next working day.

A written record of the type and date of such changes shall be maintained by the city clerk.

The zoning action shall become official once the temporary notations have been made to the zoning map.

(Ord. No. 200, 6-5-1980; Ord. No. 1210, § 6, 6-15-2023)

Note— Formerly § 1305, see editor's note for § 1305.