The following requirements, applications and procedures shall apply regarding amendments to the zoning ordinance of the City of Pine Lake, including amendments to the official zoning map.

A.

The mayor and council may by ordinance amend this ordinance, and any maps adopted in relation thereto, whenever public necessity, public convenience, the general welfare, or good zoning practice justify such action.

B.

Initiation of amendments: Proposed changes in zoning regulations or in zoning map boundaries may be initiated by the mayor, the council, any elected official, the city administrator; or the zoning official who shall submit such amendment to the city clerk; or through an application filed with the city clerk by the owner of the affected property or a duly authorized agent of the owner.

C.

Review of proposed amendments: all proposed zoning amendments shall be reviewed by the zoning official who will make a determination as to whether the application is complete and shall prepare a written report reflecting the manner in which the application relates to the criteria of the situation.

The time period between submittal of a complete application and transmittal of a written report to the mayor and council shall not exceed 12 weeks, unless the applicant requests a deferral or agrees to a postponement by the city.

A.

A public hearing shall be held prior to the mayor and council making a zoning decision. The City of Pine Lake shall publish in a newspaper of general circulation within the boundaries of Pine Lake a notice of the hearing stating the date, time, place and purpose of the hearing. Such notice shall be published a minimum of 15 calendar days, but not more than 45 calendar days, prior to the date of the hearing.

B.

Zoning decisions by the mayor and council that involve the rezoning of property initiated by a party other than the city shall require the following additional public notice:

1.

In addition to the requirements of subsection (a) of this Code section, the published notice shall include the location of the property, the present zoning classification of the property, and the proposed zoning classification of the property; and

2.

A sign of not less than 12 square feet in area announcing the time, place and purpose of the hearing shall be placed in a visible location on the property not less than 15 calendar days prior to the date of the hearing.

A.

The City of Pine Lake hereby adopts policies and procedures that govern calling and conducting public hearings required by Code Section 36-66-4 of the Official Code of Georgia. Printed copies of these policies and procedures shall be available for distribution to the general public and specifically at the public hearing. An equal minimum time period for presentation shall be available to parties in favor of the application and parties opposed to the application. Such minimum time period shall be ten minutes, provided the mayor and council may extend such time period on an equal basis for both sides by vote.

B.

The mayor and council hereby adopt standards set out in this section governing the exercise of zoning power. These standards shall be printed, and copies shall be available for distribution to the public at a public hearing concerning zoning decisions.

C.

Public hearing procedures. The mayor shall call the public hearing to order and brief the audience as to the nature of the proposed zoning decision, specifically the location of the property, the present zoning classification of the property and the proposed zoning classification of the property. The mayor shall announce the order of the proceedings, indicating that the proponents of the application shall be given a minimum of ten minutes to present data, evidence and opinion and an equal time period for presentation shall be given to opponents for the presentation of data, evidence and opinion. The mayor shall also announce that a report by the zoning official shall follow the presentations by the proponent and opponent(s), if any. Based on the evidence and public input and applying the standards of section 13-6 and section 13-7, the mayor and council shall render a final zoning decision. That decision shall be approval, denial or approval with conditions designed to mitigate the potentially adverse impacts of the proposed zoning, the mayor and council may defer the decision to a date announced at the public hearing for the purpose of considering the information presented as well as additional information that it may request without further legal notice as good planning practices dictate, and it deems necessary. The date posted on any official sign advertising the public hearing may be altered to reflect the continued hearing date. Unless agreed to otherwise by the applicant, the mayor and council shall render a final zoning decision within 30 calendar days of the public hearing at which such application was considered. These public hearing procedures shall apply equally to zoning decisions that affect only the text of the zoning ordinance as well as map amendments, special use permits and variances.

It is the policy of the city regarding proposed zoning amendments that favorable action shall be taken only upon compliance with the following:

A.

Comprehensive plan: The proposed amendment is in accordance with the comprehensive plan as adopted by the mayor and council and currently in effect.

B.

Conformity with purpose and intent of the code: The proposed amendment is in accordance with the general purposes set forth in this ordinance and with intent and purpose statements set forth in district regulations and other city ordinances currently in effect.

C.

Public interest and good zoning practices: The proposed amendment is justified on grounds of public necessity, public convenience, public health, the general welfare of the community, and with respect to the criteria established by section 13-7.

As a basis for any action amending the zoning text or the zoning map, the mayor and council shall consider the following criteria, among others, as appropriate to the circumstances of the case.

A.

Compatibility with the comprehensive plan and timing of development.

B.

Effect on public property.

C.

Availability of other land suitable for the proposed use without rezoning property; effect of rezoning on the balance of land uses.

D.

Suitability of the proposed use.

E.

Effect on adjacent property.

F.

Effect on public infrastructure, such as streets, water and stormwater, schools, and other public services.

G.

Economic viability of the current zoning.

H.

Length of time the property has been vacant as zoned.

I.

Other conditions affecting or affected by the use and development of the property.

A.

No application shall be scheduled for a public hearing until all application materials have been submitted, the application fee has been paid, the zoning official determines that the application is complete, and has submitted his review or recommendation.

B.

Applications are required to be on forms supplied: Applications are required to be on zoning amendment forms supplied to prospective applicants by the city. Any other communication regarding an application shall be regarded as mere notice of intent to file or notice of intent to provide information on such form.

C.

Zoning amendment application requirements. All of the following information is required to be submitted along with the application.

1.

Survey of property showing metes and bounds, dated, with a north arrow, drawn to a scale of either one-quarter inch equals one foot, or one inch equals ten feet, or one inch equals 20 feet and showing the location and names of adjacent streets. Such survey shall be prepared by a registered land surveyor, or registered professional engineer.

2.

Description of uses or uses for each structure to be located on the site.

3.

Location and size of proposed structures, including the number of stories, height, and total floor area.

4.

Location and size of parking, loading, service, and ingress and egress areas.

5.

The specific types, materials, and horizontal and vertical dimensions of any walls, fences, planted buffers or visual screens.

6.

Materials list of exterior materials for each structure to be located on site.

7.

Architectural plans and elevation drawings of each facade of each structure to be located on site.

8.

The location and dimensions of any public sidewalks including location, size and types of street trees and any street furniture, and any sidewalks along the street frontage, or internal to the site.

9.

Location, dimension and design of any open space areas.

10.

Location and dimension of any required yards.

11.

Lot coverage area and pervious surface area, including calculations.

12.

Submitted plans certified: Such plans and structural elevations shall be prepared by a registered architect, registered landscape architect (RLA), professional engineer (PE), or a planner holding the designation of the American Institute of Certified Planners (AICP) and shall contain the signature and seal and/or state registration number by whom or under whose registration the plans were prepared. Such plans shall contain the following certification "I hereby certify that I am familiar with the Zoning Ordinance of the City of Pine Lake, as amended.

13.

Zoning amendment criteria addressed: The zoning amendment criteria must be addressed and attached to the zoning application.

14.

Submittal in triplicate: The zoning amendment application and attachments to such application shall be submitted in triplicate as required on the application form, or by the zoning official.

15.

Digital format required: When such applications are within the Commercial District, or for any commercial, office, or multi-family use, the plans shall be submitted in both print and digital format. Where such applications involve a property where an existing business has held a valid city business license since January 1, 2003, and no external change is anticipated to the property such digital format requirement may be waived by the zoning official.

16.

Additional information may be requested: The mayor, the council, the zoning official, or other board or official appointed by the mayor to review or make recommendation on rezoning applications, may request additional information as may be needed to complete such review or recommendation.

A.

Substantial changes in original proposals may be made prior to property postings and prior to publication of notice of public hearing, by mutual agreement between the zoning official and other affected parties, provided that where such changes require major alterations in reports or written transmittals from boards or city officials as required by the mayor, a second application fee shall be required and a 30 day time extension on final decision shall be consented to by the applicant

B.

During consideration by the mayor and council of a proposed zoning amendment, no amendment shall be approved which differs substantially from the proposal on which the public hearing was held unless the proposed change is submitted to the zoning official and a new public hearing is advertised. Such additional review may be waived if the zoning official has been involved in the discussion of the proposed changes. An additional application fee shall be required for whenever a new public hearing is advertised, unless such fee is waived by the mayor and council.

Applications proposing the rezoning of property that are denied by the mayor and council may not again be considered for rezoning of the same property until the expiration of a minimum of six months immediately following the decision by mayor and council.

A.

Any application may be withdrawn without prejudice prior to the scheduled public hearings and there shall be no limitations on the time period for future applications affecting the same property.

B.

At such time as action is taken by mayor and council to amend the zoning of any property, no further application for any rezoning of the same property or portion of property involved shall be filed within a 12 month waiting period, regardless of subsequent withdrawal or application by the applicant or action by the mayor and council.

Conditional zoning shall comply with the procedures of this article, and with the following additional procedures.

A.

An approved site plan, which may be part of any condition of zoning, shall not be construed as authorization to violate of any terms or requirements of this zoning ordinance.

B.

Conditions attached to any approval shall be included in the ordinance approving the rezoning or shall be set out in full in the minutes.

C.

An applicant may apply for conditional zoning, and shall state so in the zoning application, however, the mayor and council may attach conditions to any zoning application.

D.

The mayor and council. may determine that a zoning amendment request is suitable for action only when certain conditions are attached to the amendment.

E.

When conditions related to a proposed site plan are proposed to be attached to the zoning amendment, mayor and council may request that all site plan requirements be provided by the applicant.

F.

All processes and procedures that apply to a zoning amendment also apply to conditional zoning, including but not limited to the following.

1.

All zoning amendment criteria apply: All criteria for considering a zoning amendment and all policies of the mayor and council regarding amendments shall be utilized by the mayor and council.

2.

Zoning application requirements apply: All applications for conditional zoning shall contain all elements required in an application for a zoning amendment, in addition to any conditional zoning requirements stated on the application form.

3.

Other conditions may be recommended by city boards or officials: When such conditional zoning application is subject to review and recommendation by any city board, or city official appointed by the mayor, such board or official may recommend approval of the conditional zoning application as submitted, or may recommend denial of the application, or may recommend a change in conditions, as determined to be appropriate. The mayor and council may similarly adopt proffered conditions, modify proffered conditions, attach new or additional conditions or reject the application in its entirety.

The zoning of property to be annexed into Pine Lake shall proceed in the following manner:

A.

Mayor and council shall comply with the procedures required by this ordinance for such zoning, except for the final vote of the mayor and council prior to adoption of the annexation ordinance or resolution or the effective date of any local Act, but no earlier than the date the notice of the proposed annexation is provided to the governing authority of the county as required under Code Section 36-36-6 of the State Code;

B.

The public hearing required by section 13-5 shall be conducted prior to annexation of the property into the city limits of Pine Lake;

C.

In addition to the other public notice requirements, the mayor and council shall cause to be published in a newspaper of general circulation within the boundaries of the county in which the property to be annexed is situated a notice of the hearing as required under the provisions of section 13-4 as applicable, of this ordinance and shall place a sign on the property when required by subsection (b) of such Code section; and

D.

The zoning classification approved by the mayor and council following the public hearing required by this Code section shall become effective on the later of the following:

1.

The date the zoning is approved by the municipality;

2.

The date the annexation becomes effective pursuant to Code Section 36-36-2; or

3.

Where a county has interposed an objection pursuant to Code Section 36-36-11, the date provided for in paragraph (8) of subsection (c) of that Code section.

A.

Minor changes to any site plan that was approved by the Mayor and Council as part of a conditional zoning may be authorized by the zoning official, provided that the change in layout does not violate any of the conditions of the zoning; or result in the intrusion of a built element, such as a building, structure, paved area, walkway or drive, into a sidewalk area, yard, buffer, undeveloped space, or any open space that is shown on the site plan as next to a street or property line, or violate any requirements of the district in which the site is located.

B.

A minor change to a site plan shall not permit any increase in height of any building or structure by more than five percent, any increase in square footage of any heated or livable space of any building or structure by more than five percent, or any change in the number of parking spaces by more or less than five percent. Additionally, a minor change shall not permit any decrease in the square footage of any required open space, any reduction of function of any approved sidewalk or trail, the removal of any sidewalk along the street frontage, or any relocation of any building or structure that is on a lot that is adjacent to but not within an R district such that the building is closer to an R district than is shown on the approved site plan.

C.

If for any reason the development or use of a property cannot be accomplished in accordance with the procedure outlined above, the site plan shall not be varied, altered or changed except after approval by the mayor and council. Applications for amendments to any approved site plan shall include all requirements of a rezoning application.