(a)

The city council may amend the regulations, restrictions, boundaries, or any provision of this chapter.

(b)

No amendment shall become effective until it is first submitted to and approved or disapproved by the planning commission.

(Ord. of 9-12-94, § 1101; Ord. No. 2021-8-16-002, 8-16-21)

(a)

An amendment may be initiated by the city council or planning commission by introduction of a resolution, or by any official, board or other person by presentation of a petition to the planning commission.

(b)

A map amendment (rezoning) may be initiated by the owner of the property proposed for rezoning by filing an application with the planning and zoning director. The planning commission or city council may also initiate such map amendments.

(Ord. of 9-12-94, § 1102; Ord. No. 2021-8-16-002, 8-16-21)

(a)

The proper form on which to file an application for any amendment (map or text) shall be obtained from the planning and zoning director. The completed application and all applicable fees required to cover legal and administrative costs as set forth in the schedule of fees shall be filed with the planning and zoning director at least 32 days prior to the planning commission meeting at which the request will be heard. Any recommendation purporting to be an application for amendment shall be regarded as mere notice of intention to see an amendment until such time as it is made on the required form. Such application shall have attached to it the information required in paragraph (b) below.

(b)

Application for a map amendment (rezoning) shall contain all of the following information in order to be considered complete. (See section 110-68 concerning application requirements for PD, Planned Development District rezonings.)

(1)

A plot plan or survey to scale showing existing and proposed structures and uses, access drives, parking, and loading areas, easements, utilities exiting zoning and future land use designation and any other supportive documentation required by the planning commission;

(2)

A list of adjacent property owners as shown on the tax rolls; and

(3)

Any additional information the applicant feels to be pertinent.

(Ord. of 9-12-94, § 1103; Ord. No. 2015-034, 9-21-15; Ord. No. 2021-8-16-002, 8-16-21)

(a)

Applications to rezone property for R-2, R-3, R-5, MH, C-1, C-2, C-3, I-L, I-G, or WP shall be accompanied by a detailed site development plan prepared by a registered surveyor containing the following elements:

(1)

Survey plat showing the dimensions of the property to be rezoned.

(2)

Location and dimension of existing structures, rights-of-way, marshlands, boundaries, watercourses, lakes and jurisdictional wetlands.

(3)

Location and dimensions of proposed development including structures, type of uses, access drives, setbacks, easements, etc.

(4)

Location and dimensions of proposed recreational areas and buffer zones, if any.

(5)

Location and size of water, sewer, and drainage facilities.

(6)

In the case of residential developments, proposed number of dwelling units and net acres available for building.

(7)

In the case of commercial and industrial developments, proposed off-street parking and loading areas, signage, and outdoor lighting.

(Ord. of 9-12-94, § 1104; Ord. No. 2021-8-16-002, 8-16-21)

(a)

Required public hearings. No official action shall be taken on any proposed zoning amendment unless a public hearing has been held. The public hearing shall be conducted by the planning commission.

(b)

Procedure for calling a public hearing.

(1)

Prior to scheduling of the required public hearing, applicants shall first complete all submission requirements provided by the planning and zoning director (e.g., forms, fees, deeds, maps, etc.) Incomplete applications shall not be processed. There shall be no amendment made to the application once submitted.

(2)

The planning and zoning director shall then notify the applicant of the date, time, and place of the required public hearing.

(3)

At least 16 but not more than 44 days prior to scheduled public hearings, the planning and zoning director shall publish in the newspaper of general circulation, notice of the date, time, place, and purpose of the public hearing.

(4)

If a zoning amendment is for the rezoning of property, the public notice shall also include:

a.

The location of the property;

b.

The present zoning classification of the property; and

c.

The proposed zoning of the property.

(5)

Not less than 15 days prior to the date of a public hearing, the planning and zoning director shall post in a conspicuous location on the property in question a sign which shall contain information regarding the proposed rezoning; specifically the date, time, place, and purpose of the public hearing.

(6)

No official action shall be taken on a proposed amendment by the city council until after the required public hearings have been conducted.

(7)

The primary goal of conducting public hearings on proposed zoning amendments shall be to solicit pertinent factual information which will be beneficial in helping the planning commission and the city council judge the merits of each specific proposed amendment.

a.

Notice to property owners. The planning and zoning director shall give notice of the date, time, place, and purpose of public hearings to be held by the planning commission on proposed amendments or supplements by mail to the owners of all properties abutting any part of the property proposed to be changed. The failure to notify as provided in this section, shall not invalidate any recommendations adopted hereunder.

1.

Notice within MILUN-1 or MILUN-2. Where the property under consideration is within the MILUN-1 or MILUN-2 District, the planning and zoning director shall give notice of the date, time, place and purpose of public hearings to be held by the planning commission on proposed amendments by mail to the commanding officer of NSB Kings Bay as required under section 110-81 for the MILUN-1 District or section 110-82 for the MILUN-2 District.

b.

Action of the planning commission. The planning commission may recommend that the application be granted as requested, or it may recommend a modification of the zoning amendment requested in the application, or it may recommend that the application not be granted. These recommendations shall then be certified to the city council.

c.

Action of the city council. The city council shall consider the recommendations of the planning commission, and vote on the proposed amendment to the text or map of the zoning ordinance after the planning commission's public hearing. If the proposed amendment is not recommended by the planning commission, the favorable vote of a majority of the entire membership (four members) of the city council shall be required to make the amendment effective. The applicant and others so requesting shall receive notice of the decision of the city council through the planning and zoning director.

d.

Conditions of zoning amendments. Upon consideration of the standards listed in subsection (d) below, the planning commission may recommend and the city council may require, such conditions, in addition to those required by other provisions of this chapter, as it finds necessary to ensure compliance with those standards and all other applicable requirements of this chapter. Violation of any of those conditions shall be a violation of this chapter. Such conditions may include, but are not limited to, specifications for: type of landscaping/vegetation, increased setbacks and yards, specified sewage disposal and water supply facilities, hours of operation, operational controls, professional inspection and maintenance, sureties, location of piers, docks, parking and signs, and types of construction.

e.

Denial of rezonings. If the decision of the city council is to deny the rezoning of property, then the same property may not again be considered for rezoning until the expiration of at least six months immediately following the defeat of the rezoning by the city council.

f.

Action by city to rezone property to original zoning. When a map amendment (rezoning) has been granted for a parcel of land on request by the owner or his agent, and no building permit has been applied for within 12 months of the date of the rezoning, the planning and zoning director will initiate action to rezone the parcel to its original zoning. The procedures in this article shall be followed, except that no fees shall be paid.

(c)

Procedure for conducting a public hearing.

(1)

All public hearings on zoning amendments shall be chaired by either the chairman of the planning commission or the mayor of St. Marys or their designees.

(2)

A secretary shall record the proceedings of the public hearing. If requested by any party, verbatim transcripts of the public hearing can be prepared, but, only if requested and purchased in advance by the requesting party.

(3)

The record of the public hearing and all evidence submitted at the public hearing shall be recorded as such and become a permanent part of the particular zoning amendment's file.

(4)

The chairman of the planning commission or his or her designee shall preside at the public hearing and shall identify speakers, maintain order, and conduct the public hearing.

(5)

The process to be followed in conducting these hearings shall be as follows:

a.

The presiding officer shall open the hearing by stating the specific zoning amendment being considered at the public hearing.

b.

When there are a large number of individuals wishing to testify at a hearing, the presiding officer may invoke time limits on individual speakers. In such cases, these time limits shall apply to all speakers.

c.

The presiding officer shall recognize the individual parties wishing to testify on present evidence and allow them to present this information.

d.

Once all parties have concluded their testimony, the presiding officer shall adjourn the public hearing.

(d)

Zoning amendment criteria. The following will be used to determine whether the rezoning is appropriate:

(1)

The zoning request should be a logical extension of a zoning boundary which would improve the pattern of uses in general area.

(2)

The request should not be an illogical extension of a zone boundary which would intrude a damaging salient of a commercial, industrial, or high-density apartment use into a stable neighborhood of well-maintained single-family homes, and would be likely to lead to neighborhood deterioration, the spread of blight, and requests for additional zoning of a similar nature which would expand the problem.

(3)

The request should not result in spot zoning or generally be unrelated to either existing zoning or the pattern of development of the area.

(4)

The request should not create traffic which would traverse established single-family neighborhoods on minor streets, leading to congestion, noise and traffic hazards.

(5)

The request should conform to the general expectations for population growth and distribution.

(6)

The request should not limit options for the acquisition of future planned public facility sites, roads, open-space, etc.

(7)

This request should not result in major changes in existing levels of public service, and/or fiscal stability.

(8)

This request should not achieve short term goals at the expense of long-term, development goals.

(9)

This request should not result in changes to market values and/or tax rates of nearby properties.

(10)

The request should conform to policies and recommendations contained in the St. Marys/Camden County Comprehensive Plan.

A negative finding on one or more of these criteria shall not preclude approval of a rezoning.

(Ord. of 9-12-94, § 1105; Ord. No. 2020-11-2-002, 11-2-20)