Each application to amend this article, the official zoning map, the grant of a conditional use permit or to amend zoning conditions shall be filed with the city clerk. An application to amend the text of the zoning ordinance may be initiated by the planning commission or submitted to the planning commission by the City Council of Senoia, or by any person owning property in the city. An application for the grant of a conditional use permit may be initiated by an individual property owner or his authorized agent, the planning commission, or be submitted to the planning commission by the city council. Unless initiated by the city council, all applications to amend the official zoning map or for grant of a conditional use permit must be submitted by the owner or his authorized agent and shall be accompanied by an appropriate fee set by the city council. Such authorization of property ownership shall be notarized and attached to the application. An application for an amendment to the zoning map affecting the same property shall not be submitted more than once every 24 months, said interval to begin with the date of final decision by the city council. The 24 month interval shall not apply to applications initiated by the city council or the planning commission, except for amendments to the zoning map which were defeated by the city council, in which case the interval required for the subsequent application shall be at least six months. However, an application to alter conditions of rezoning may be submitted at any time.

(Ord. No. 07-05, Art. 3, § 3.1, 12-3-2007)

An application to amend zoning conditions imposed by the city council shall follow the same procedures required by article III for amendment to the zoning map.

(Ord. No. 07-05, Art. 3, § 3.2, 12-3-2007)

Each application to amend this article, the official zoning map, the grant of a conditional use permit or to amend zoning conditions shall be filed with the city clerk. (See Appendix A)

Editor's note— Appendix A is not setout herein but is on file in the offices of the city.

Applications shall be submitted in compliance with the following:

(a)

Text amendment applications shall include:

(1)

Name and address of applicant.

(2)

Current provisions of text to be affected by amendment.

(3)

Proposed wording of text change.

(4)

Reason for amendment request.

(b)

Map amendment and conditional use permit applications shall include the following:

(1)

A legal description of the tract(s) to be rezoned, including the street address and subdivision, if any, or area in which tract is located.

(2)

Seven copies of a plat, drawn to scale, showing north arrow, land lot and district; the dimensions, acreage and location of the tract(s); floodplain and flood hazard areas; unusual topographical features; current zoning of subject tract(s) and all adjacent properties; and existing structures. This plat shall be prepared by an architect, engineer, landscape architect or land surveyor, whose seal shall be affixed to the plat.

(3)

When any applicant or his attorney has made a campaign contribution aggregating $250.00 or more to a local government official who will consider the application; and when said contribution was made within two years immediately proceeding the filing of the application for the rezoning action, it shall be the duty of the applicant to file a disclosure report with the governing authority of the respective local government showing:

a.

The name and official position of the local government official to whom the campaign contribution was made; and;

b.

The dollar amount and description of each campaign contribution made by the applicant to the local government official during the two years immediately preceding the filing of the application for the rezoning action and the date of each contribution.

The disclosure required by this section shall be filed within ten days after an application for the rezoning action is first filed.

(4)

The names and addresses of the owners of the land and their agents, if any, together with a written notarized statement from the owner(s) authorizing the agent, if any, to seek rezoning on behalf of the owner(s).

(5)

A letter of intent indicating specifically how the property is to be used.

(6)

A completed application form for rezoning request.

(c)

Applications shall be submitted in accordance with a schedule adopted annually by the city council, which shall provide that each application shall be submitted at least 45 days prior to the date on which it is to be considered by the city council. The city shall set application fees for an application to amend the official zoning map. A fee shall not be charged for applications initiated by the city council.

(d)

An application shall not be withdrawn by the applicant after the legal advertising as required by this article shall have first appeared, except in accordance with section 74-40.

(e)

An applicant shall file site plans, renderings, construction specifications, written development restrictions and other conditions which the applicant proposes as binding conditions upon the development and use of the property involved in the application. If such conditions or alterations or changes thereto are proposed by an applicant and have not been filed as required by this paragraph, the city council, at the time of the public hearing on the application, may defer any action on such application to a specific meeting date. At the hearing, during which the deferral is granted, the city council shall specify the date of the hearing before the city council and this action shall constitute public notice of such hearings and no additional notices shall be required prior to the hearings so scheduled by the city council. The date designated for action of the application shall be set at a time, which will allow the applicant to comply with the filing requirements of this paragraph.

(Ord. No. 07-05, Art. 3, § 3.3, 12-3-2007)

Legal notice: Due notice of public hearings is required by the planning commission and city council pursuant to this section's division (3.4). Due notice shall be published in the city's legal organ (newspaper) at least 15 days, but not more than 45 days prior to the scheduled public hearing. Notification shall include the time, place and purpose of the public hearing.

(1)

Letters to property owners. As to any application to amend the official zoning map or the comprehensive land use plan or both, the city clerk shall give notification of the requested application by certified mail to all abutting property owners as shown by county tax records. Said notice shall be sent to the address of said owner, which is on file with the county tax office. Such notification shall be mailed at least 15 days prior to the planning commission public meeting and shall include a description of the application and the date, time and place of the public meeting. Deposit of said notice in the U.S. mail shall satisfy the city's obligation to notify said landowners. If the application is initiated by the city or one of its agents or commissions the affected landowner shall be notified as set out above.

(2)

A local government delegating decision-making power to a quasi-judicial officer, board, or agency shall provide for a hearing on each proposed action described in O.C.G.A. § 36-66-3(1.1) of the ZPL and in section 74-38 of this chapter. Notice of such hearing shall be provided a minimum of 30 days prior to the quasi-judicial hearing, with such notice being made as provided in this section and with additional notice being mailed to the owner of the property that is the subject of the proposed action.

a.

The department of planning and development shall publish a notice of the time, location and date of such hearing and shall place the proposed action on the agenda of a regular meeting for a public hearing in accordance with the requirements of the zoning ordinance.

b.

If a zoning decision of the City of Senoia is for the rezoning of property and the rezoning is initiated by a party other than the City of Senoia, then the additional public notice as below shall be given:

1.

The notice, in addition to the requirements of subsection (a) of this Code section, shall include the location of the property, the present zoning classification of the property, and the proposed zoning classification of the property.

2.

A sign containing information required by local ordinance or resolution shall be placed in a conspicuous location on the property not less than 15 days prior to the date of the hearing; and

3.

The department shall publish such notice in a newspaper of general circulation within the county a minimum of 15 days and not more than 45 days prior to the date of the hearing. Such notice shall be a minimum of six column inches in size and shall not be located in the classified advertising section of the newspaper.

(3)

Notwithstanding any other provisions of this chapter 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 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 be adopted in the following manner:

a.

The zoning decision shall be adopted at two regular meetings of the City of Senoia mayor and council making the zoning decision, during a period of not less than 21 days apart; and

b.

Prior to the first meeting provided for in paragraph a. of this subsection, a minimum of two public hearings shall be held on the proposed action. Further, a minimum of one of the public hearings shall 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 required in section 74-42 of this Code, public notification. The department shall give notice of such hearing by:

1.

Posting notice on each affected premises in the manner prescribed by subsection (b) of this section; provided, however, that when more than 500 parcels are affected, in which case posting notice shall be required every 500 feet along the street frontage of the affected premises; and

2.

Publishing in a newspaper of general circulation within the territorial boundaries of the local government a notice of each hearing a minimum of 15 days and not more than 45 days prior to the date of the hearing.

3.

Both the posted notice and the published notice shall include a prominent statement that the proposed zoning decision relates to or will authorize multi-family 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 notice shall state that a copy of the proposed amendment is on file in the office of the clerk or the recording officer of City of Senoia and in the office of the clerk of the superior court of Coweta County of the legal situs of Coweta County for the purpose of examination and inspection by the public. A copy of the proposed amendment shall be available to the public at no cost upon written request.

4.

The provisions of paragraph (3) 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 the City of Senoia or zoning decisions that result in the rezoning of all property zoned for single-family residential uses within the territorial boundaries of City of Senoia to multifamily residential uses of property.

5.

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. 07-05, Art. 3, § 3.4, 12-3-2007; Ord. No. 23-06, Art. III, 12-4-2023)

(a)

The planning commission shall hold a public hearing on each application for an amendment. Notice of the planning commission public hearing shall be published in the legal organ of the county. The planning commission's recommendation shall be submitted to the city council and shall be a public record. If the amendment is to change the official zoning map, the planning commission may recommend approval or denial of the application or may recommend changes to applicant's request which would reduce the land area for which the application is made, change the district requested, or recommend conditions of rezoning which may be deemed advisable so that the purpose of this article be served and the health, public safety and general welfare of the City of Senoia secured.

(b)

The planning commission shall adopt rules and regulations for the conduct of its public hearings, which are consistent with state law and are appropriate to its responsibilities. Such rules and regulations shall be published and available to the public. The planning commission may also adopt conflict of interest rules to ensure that no member is entitled to rule on a matter in which such member has an interest either directly or indirectly.

(c)

Upon notification of the completed application for an amendment to the official zoning map, an amendment to the zoning ordinance, certain variances or a special use permit are proposed that relates to or will allow establishment of any multi-family dwelling in a single-family residential district, a public hearing on the proposed action shall be held by the City of Senoia planning commission and city council in accordance with O.C.G.A. § 36-66-4, as such section may be amended.

(Ord. No. 07-05, Art. 3, § 3.5, 12-3-2007; Ord. No. 23-06, Art. III, 12-4-2023)

(1)

Any member of the planning commission or citizen of Senoia shall talk to the chairman when addressing any issues.

(2)

The planning commission members will not read citizen's letters or express individual citizen's opinion during a meeting. The only exception to this rule is when a citizen can prove hardship of being unable to attend. Citizens are welcome to attend and address the commission of their concerns or issues.

(3)

The applicant, applicant's designated representative or applicant's agent must be present at the public hearing. If none of the above is present, the application will not be discussed and will be continued to the next public hearing.

(4)

The zoning administrator will present the background of the application.

(5)

The applicant shall be heard for a limit of ten minutes.

(6)

Commission members will question the applicant with any questions they may have at that time.

(7)

Owners of adjacent property shall be heard for a limit of five minutes each.

(8)

Proponents and opponents shall be heard for a limit of three minutes per speaker or longer at the discretion of the chairman of the planning commission.

(9)

Applicant will be allowed to rebut any negative comments for a limit of five minutes.

(10)

After all public comments having been heard, the pubic comment portion of the hearing will be closed.

(11)

The members will discuss the application. Members will be allowed to ask questions to anyone present at the hearing.

(12)

Upon a motion and a second by members, the commission will recommend action to be taken upon the application.

(13)

The planning commission, within 30 days from the date of the hearing, will make a recommendation to the city council.

(14)

Public hearing procedures for the planning commission. For each matter concerning the amendment of the comprehensive plan, the official zoning map, the text of the zoning ordinance, decisions on applications for certain variances, or other similar permits enumerated herein as a zoning decision or for any matter concerning issuance of a special use permit or other matter on the agenda that requires a public hearing and a vote of the planning commission, the procedures of section 74-43, rules and procedures for public hearings and meetings, shall be followed.

(15)

Public hearing procedures for the city council. For each matter concerning the amendment of the comprehensive plan, the official zoning map, the text of the zoning ordinance, decisions on applications for certain variances, or other similar permits enumerated herein as a zoning decision or for any matter concerning issuance of a special use permit or other matter on the agenda that requires a public hearing and a vote of the city council, the procedures in section 74-43, rules and procedures for public hearings and meetings, shall be followed.

(Ord. No. 07-05, Art. 3, § 3.6, 12-3-2007; Amd. of 5-2-2011; Ord. No. 23-06, Art. III, 12-4-2023)

(a)

Before taking action on a proposed amendment and after receipt of the planning commission recommendation, the city council shall hold a public hearing on the proposed zoning amendment. So that the purpose of this article will be served, and the health, public safety and general welfare of the city is secured, the city council may approve or deny the application, reduce the land for which the application is made, change the district or land use category from that requested by the applicant, impose zoning conditions as a part of the amendment, or allow an application to be withdrawn without prejudice with respect to the 24 month limitation of this article. At a public hearing, action by the city council to defer or continue the pubic hearing on a proposed amendment shall include a statement of the date, time and place of the deferred or continued public hearing at which the application will be considered, which statement shall constitute public notice of the deferred or continued hearing on the application, and no further public notice shall be required.

(b)

To ensure the public is afforded due process in an orderly manner to petition the courts for review of the exercise of zoning, administrative, or quasi-judicial powers by the City of Senoia, as guaranteed by Article I, Section I, Paragraphs IX and XII of the Constitution, the General Assembly, pursuant to its authority under Article VI, Section IV, Paragraph I of the Constitution, provides the following mechanism by which each of the powers described in this chapter may be reviewed by the superior court of Coweta County:

(1)

Zoning decisions as described in this chapter being legislative in nature, shall be subject to direct constitutional challenge regarding the validity of maintaining the existing zoning on a subject property or the validity of conditions or an interim zoning category other than what was requested in superior court pursuant to its original jurisdiction over declaratory judgments pursuant to chapter 4 of title 9 and equity jurisdiction under title 23. Such challenges shall be by way of a de novo review by the superior court wherein such review brings up the whole record from the City of Senoia and all competent evidence shall be admissible in the trial thereof, whether adduced in a local government process or not and employing the presumption that a governmental zoning decision is valid and can be overcome substantively by a petitioner showing by clear and convincing evidence that the zoning classification is a significant detriment to the petitioner and is insubstantially related to public health, safety, morality, or general welfare; or

(2)

Quasi-judicial decisions as described in this chapter and zoning decisions under O.C.G.A. § 36-66-3(4)(E) shall be subject to appellate review by superior court pursuant to its appellate jurisdiction from a lower judicatory body and shall be brought by way of a petition for such review as provided for in title 5. Such matters shall be reviewed on the record which shall be brought to superior court as provided in title 5.

(3)

All such challenges or appeals shall be brought within 30 days of the written decision of the challenged or appealed action.

(4)

To ensure that the citizens of the City of Senoia are not unnecessarily burdened by the review process as a mechanism of appeal, the city shall designate by ordinance or resolution the following officers and officials:

a.

The officer of the quasi-judicial board or agency who shall have authority, without additional board or agency action, to approve or issue any form or certificate necessary to perfect the petition described in title 5 for review of lower judicatory bodies and upon whom service of such petition may be effected or accepted on behalf of the lower judicatory board or agency, during normal business hours, at the regular offices of the city; and

b.

The elected official or his or her designee who shall have authority to accept service and upon whom service of an appeal of a quasi-judicial decision may be effected or accepted on behalf of the City of Senoia during normal business hours at the regular offices the city.

(5)

An appeal or challenge by an opponent filed pursuant to this chapter shall stay all legal proceedings in furtherance of the action appealed from or challenged, unless a city, officer, board, or agency from which or from whom the appeal or challenge is taken certifies that, by reason of the facts stated in the certificate, a stay would cause imminent peril to life or property. In such actions, the applicant for the zoning decision or the quasi-judicial decision shall be a necessary party and shall be named as a defendant in the action and served in accordance with the requirements of title 5 or title 9, as appropriate.

(6)

The provisions of paragraph (2) 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 the City of Senoia or zoning decisions that result in the rezoning of all property zoned for single family residential uses within the territorial boundaries of the city to multifamily residential uses of property.

(7)

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

(Ord. No. 07-05, Art. 3, § 3.7, 12-3-2007; Ord. No. 23-06, Art. III, 12-4-2023)

When the application to zone property affects property to be annexed into the city, the city may begin procedures required by this article for an amendment to the official zoning maps at any time on or after the date of the notice of the proposed annexation is provided to the governing authority of the county under H.B. 489. The public hearings required by this article shall be conducted prior to the annexation of the subject property into the city. In addition to the other notice requirements in this article, the city shall cause to be published within a newspaper of general circulation within the territorial boundaries of Coweta County, a notice of the pubic hearings as required under provision of this article and shall place a sign on the property when required by this article, and shall otherwise comply with the procedures required under O.C.G.A. Chapter § 36-66.

(Ord. No. 07-05, Art. 3, § 3.8, 12-3-2007)

Except for consideration of an application for a conditional use permit.

(1)

The existing land uses and zoning classification of nearby property.

(2)

The suitability of the subject property for the zoned purpose.

(3)

The extent to which the property values of the subject property are diminished by the particular zoning restrictions.

(4)

The relative gain to the pubic, as compared to the hardship imposed upon the individual property owner

(5)

Whether the subject property has a reasonable economic use as currently zoned.

(6)

Whether the proposed zoning will be a use that is suitable in view of the use and development of adjacent and nearby property.

(7)

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

(8)

Whether the zoning proposal is in conformity with the policies and intent of the land use element of the comprehensive plan.

(9)

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

(10)

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 zoning proposal.

(11)

Whether the subject property contains jurisdictional wetlands of the United States. If so, the applicant will be required to document permit approval for the proposed development from the U.S. Army Corps of Engineers before any formal action can be taken on the zoning proposal.

(12)

Whether the subject property may be large enough to qualify as a development of regional impact. If so, then an application for review must be filed with the regional commission.

If, after a rezoning has been approved, development of the property has not been initiated within 12 months of the rezoning-the property will automatically be reviewed by the planning commission for the purposes of initiating a new application to rezone it back to its original zoning district.

(Ord. No. 07-05, Art. 3, § 3.9, 12-3-2007; Amd. of 5-2-2011)

(a)

The existing land uses and zoning classification of nearby property;

(b)

The suitability of the subject property for the conditionally permitted use;

(c)

The extent, if any, to which the property values of adjacent and nearby property will be diminished by the grant of a conditional use;

(d)

The relative gain to the public, as compared to the hardship imposed upon the application for a conditional use permit;

(e)

Whether there are adequate buffers and access to or egress from the property so as not to unduly compound traffic congestion within the area;

(f)

Whether there are other conditions, such as lighting, location of structures, parking, or other considerations necessary for protection of surrounding and nearby property owners.

(Ord. No. 07-05, Art. 3, § 3.10, 12-3-2007)