(a)

Zoning decision for purposes of this article 9 means final action by a local government which results in:

(1)

The adoption or repeal of a new city zoning ordinance;

(2)

The adoption of an amendment to this chapter which changes the text of this chapter (text amendment);

(3)

The adoption or denial of an amendment to this chapter (map amendment) which rezones property from one zoning classification to another;

(4)

The procedural requirements for zoning amendments sponsored by the city;

(5)

The procedural requirements for zoning amendments sponsored by a citizen or property owner;

(6)

Annexation of property by the city;

(7)

Annexation of property by a private petitioner which requests zoning of the property for a certain specific zoning classification, and the request is contained in the annexation petition, whether such request is granted or denied. If there is no request for zoning classification of such property, then the property shall be annexed and designated as the most restrictive and highest use district, until changed by an amendment to this chapter;

(8)

The granting or denial of conditional use requests or special use permits, as well as variances.

(b)

After the preparation of a draft of a city-initiated zoning decision, the mayor and council shall review the draft.

(c)

Changes made at the review session, if any, to the text and zoning district map will be corrected and prepared as a second draft, as needed, with a proposed district boundary map for public view, if changes are being suggested to the map.

(d)

The mayor and council will establish the date, time and place for holding a public hearing.

(e)

The city manager or his designee will prepare the hearing notice for publication in the official county organ at least 15 days, but not more than 45 days, before the hearing date. The notice shall contain a summary of the proposal to be considered and the date, time, and place of the public hearing.

(f)

The public hearing shall be convened at the advertised time and place and presided over by the mayor and council at the scheduled time.

(g)

The person conducting the public hearing shall review the following procedures that will be adhered to for the duration of the public hearing:

(1)

Any person in attendance at the public hearing wishing to speak must be recognized by the chairperson at which time they will be asked to state their name and place of residence.

(2)

The person recognized to speak will be allowed two minutes to express themselves on any point relevant to the zoning text, district boundary, or any proposed revisions, with a maximum total of five minutes allowed per person. The preceding procedure will be followed until all persons have been given an opportunity to speak.

(3)

When all presentations have been made relative to the zoning proposals (pro and con) the secretary or clerk of the body conducting the hearing shall restate each point according to the notes taken. The chairperson may ask a for show of hands of the attendees of those who support each point as they are restated. A count of the supporters will be recorded as part of the hearing minutes.

(h)

Proposed revisions and recommendations obtained from the public hearing, pertaining to the zoning text and zoning district boundary map, will be evaluated by the mayor and council or its designee, as to their need for being added, deleted, or otherwise modified.

(i)

Any proposed zoning district boundary changes will be evaluated using the following zoning review standards:

(1)

Whether the zoning proposal will permit a use that is suitable in view of the use & development of adjacent and nearby property.[Scoring: Yes: +2; Maybe: 0; No: +2]

(2)

Whether the zoning proposal will adversely affect the existing use or usability of adjacent or nearby property.[Scoring: Yes: -1; Neutral: 0; No: +1]

(3)

Whether the property to be affected by the zoning proposal has a reasonable economic use as currently zoned. [Scoring: Yes: -1; No: +1]

(4)

Whether the zoning proposal will result in a use which will cause an excessive or burdensome use of existing streets, transportation facilities, water and sewer or schools. [Scoring: -1 for each burden; -2 for schools; No: +1]

(5)

Is the proposed rezoning in conformity with the policies and intent of the future land use plan and/or comprehensive plan? [Scoring: Yes: +1; No: -2]

(6)

Are there other existing or changing conditions affecting the use and development of the property which give supporting grounds for either approval or disapproval of the rezoning request? [Scoring: Approval: +1; None: 0; Disapproval: -1]

(7)

What is the existing land use and zoning Classification of nearby and adjacent property (if the property IS rezoned as requested)? [Scoring: None Adjacent similar: -2; One: 0; Two: +1; Three: +2; All around: +3 // Nearby: Predominantly the same: +1; No dominant type: 0; Predominantly different: -1]

(8)

The extent to which property values are diminished by the present particular zoning restrictions placed upon the property. [Scoring: None: -1; Neutral: 0; Some affect: +1; Heavy affect: +2]

(9)

The extent to which the destruction of property values of the plaintiffs promotes the health, safety, morals or general welfare of the public (by not rezoning the property). [Scoring: None: +2; Neutral: 0; Medium promotion: -1; Substantial promotion: -2]

(10)

The relative gain to the public, as compared to the hardship imposed upon the individual property owner (if property is NOT rezoned). [Scoring: Substantial loss to public: +2; Minimal loss to the public: +1; None: 0; Medium gain: -1; Substantial gain: -2]

(11)

The suitability of the subject property for the proposed zoned purposes. [Scoring: Bad: -1; Adequate: 0; Good: +1]

(12)

The length of time the property has been vacant as zoned considered in the context of land development in the area in the vicinity of the property. [Scoring: Not vacant: -1; Vacant less than 6 months: 0; Vacant 6-12 months: +1; Vacant over 12 months: +2]

(13)

Whether there are substantial reasons why the property can not be used IAW existing zoning. [Scoring: NONE: -1; Moderate reasons: 0 Substantial reasons: +1]

(14)

Whether changed or changing conditions make the passage of the proposed amendment necessary. [Scoring: No change: -1; Changing: 0; Changed: +1]

(15)

Will this rezoning create an isolated district unrelated to adjacent and nearby districts? [Scoring: Yes: -2; Yes, but no impact: 0; No: +1]

(16)

Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. [Scoring: Yes: +1; No: -1]

(17)

Whether the proposed rezoning will adversely influence living conditions in the neighborhood (traffic, noise, bright light, etc.). [Scoring: Yes: -1 per adverse subject; Neutral: +1]

(18)

Relative to population density, will the rezoning cause an overtaxing of public facilities including, but not limited to: schools, utilities and streets? [Scoring: Yes: -2; Very minimal: 0; No: +2]

(19)

Will proposed change cause a drainage problem? [Scoring: Yes: -3; Potentially: -1; No: +1]

(20)

Will the proposed change seriously reduce light and air to adjacent areas? [Scoring: Yes: -1; No: +1]

(21)

Whether the change suggested is out of scale with the needs of the neighborhood or the city /county. [Scoring: Yes:-1; No: +1]

(22)

Whether the proposed change will be a deterrent to the improvement of adjacent property in accordance with existing regulations. (Will the allowance of this change prohibit more desirable future growth?) [Scoring: Yes: -2; Maybe: -1; No: +1]

(23)

Any other factors relevant to balancing the interest in promoting the public health, safety, morality or general welfare against the right to the unrestricted use of property? [Scoring: Yes: -1 to -3; No: +1]

(j)

The preceding rezoning application review standard questions, in subsection (i), above, shall be answered and a score assigned to the rezoning request. Said score shall be placed upon the following table to assist in determining if the rezoning request should be approved or denied:

(1)

Score of five points or less, DENIAL.

(2)

Score of six to 15 points, NEUTRAL REVIEW. Application can be denied or approved.

(3)

Score of 16 to 25 points, APPROVAL, unless substantial public outcry and protest over the rezoning request.

(4)

Score of 26 to 30 points, STRONGLY APPROVE. Request should be approved, regardless of public sentiment.

(k)

An acting secretary or clerk of the city shall be present at all public hearings on which a zoning decision will be made for the purpose of recording the minutes.

(l)

When the public hearing is conducted at a regular or special called meeting by the mayor and council for making the final zoning decision, action may be taken approving, rejecting, or modifying the proposal, or the question may be tabled for consideration at its next regular meeting.

(Ord. No. 01309, § 2, 11-13-2023; Ord. No. 01312, § 1(Exh. 2024-B), 3-11-2024)

(a)

Application is to be filed at the office of the city manager during normal working hours, with payment of any fees required.

(b)

Prior to the public hearing to be held by the mayor and council, an assessment of the proposed amendment to the zoning district boundary map using the zoning review standards in section 106-270 (i)(1) through (23) and (j) shall be prepared.

(c)

Upon receipt of the review and recommendation for a rezoning application, the city shall:

(1)

Establish a date, time and place for conducting the public hearing;

(2)

Cause to be published in the official organ a public hearing notice that shall include:

a.

Time;

b.

Place;

c.

Purpose;

d.

Location of property;

e.

Current zoning classification;

f.

Proposed zoning classification;

(3)

Require a sign to be posted on the property for which a rezoning has been applied, which is at least 11 inches by 17 inches in size and contains the following:

a.

Time;

b.

Place;

c.

Purpose;

d.

Location of property;

e.

Current zoning classification;

f.

Proposed zoning classification.

(4)

Require that a notice of rezoning application submission, be sent to all property owners abutting the property identified in the application. Abutting property shall also include any and all property directly across the street, as though the city right of way does not exist. This notice may be done by postcard or standard letter. Certified mail is not required.

(d)

Items under subsection (c)(2) and (3) shall be performed at least 15 days, but not more than 45 days, prior to the public hearing.

(e)

The public hearing shall be convened by the mayor (or other persons that have been designated by ordinance or resolution) at the scheduled time.

(f)

The person presiding over the public hearing shall review the procedures to be followed as outlined in section 106-270 (g)(1) through (3).

(g)

The person conducting the public hearing shall allow each person or their designee to present their zoning case in the order as published on the agenda, ensuring there be limited time of equal duration for the proponents of the zoning proposal and the opponents of the zoning proposal.

(h)

After each zoning case, ensuring that all proponents and opponents have been given an opportunity to speak, the person conducting the public hearing may read the results of the evaluation prepared using the zoning review standards contained in section 106-270 (i)(1) through (23).

(i)

If the hearing was conducted by any designated agency, then it shall, within five working days, prepare minutes of the public hearing and transmit them along with their recommendations on the zoning question (including an evaluation based on the zoning review standards) to the mayor and council for placement on its agenda for the next regular meeting.

(j)

When the public hearing is conducted at a regular or special called meeting by the mayor and council for making the final zoning decision, action may be taken approving, rejecting, or modifying the proposal, or the question may be tabled for consideration at its next regular meeting.

(k)

If the rezoning request, initiated by a private individual, is denied, a second rezoning request affecting the same parcel of land shall not be accepted for a minimum of 12 months from the date of denial.

(Ord. No. 01309, § 2, 11-13-2023; Ord. No. 01312, § 1(Exh. 2024-B), 3-11-2024)

(a)

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 (or any other zoning classification designation) so as to authorize multifamily 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 must be adopted in the following manner:

(1)

The proposed text amendment to the City of Tallapoosa's Zoning Ordinance shall follow the regular prescribed process—a public hearing review by the city planning commission, which will recommend the text amendment to the mayor and council. A second public hearing for this text amendment held by the city mayor and council. Once this standard process has been completed, the following extra steps are required as follows:

a.

The zoning decision shall be adopted at two regular meetings of the mayor and council making the zoning decision, during a period of not less than 21 days apart (essentially a first and second reading of this action). It is recommended that the first of these meetings be held 60 days after the second meeting required in subparagraph "b." below is completed; and

b.

Prior to the first meeting provided for in subparagraph "a." of this paragraph, at least two preliminary public hearings shall be held on the proposed action. Such public hearings shall be held at least three months and not more than nine months prior to the date of final action on the zoning decision. Furthermore, at least one of the public hearings must 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 under subsection 106-271 (d) of this Code section. The local government shall give notice of such hearing by:

1.

Posting notice on each affected premises in the manner prescribed by section 106-271 (c)(3) of this Code section; provided, however, that when more than 500 parcels are affected, in which case posting notice is required every 500 feet in the affected area; and

2.

Publishing in a newspaper of general circulation within the territorial boundaries of the local government a notice of each hearing at least 30 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 multifamily 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 (or other zoning designation classifications in this zoning ordinance). The published notice shall be at least nine column inches in size and shall not be located in the classified advertising section of the newspaper. The notice shall state that a copy of the proposed amendment is on file in the office of the clerk or the recording office of the local government and in the office of the clerk of the superior court of the county of the legal situs of the local government for the purpose of examination and inspection by the public. The local government shall furnish anyone, upon written request, a copy of the proposed amendment, at no cost.

(b)

The provisions of paragraph (a) of this subsection shall also apply to any zoning decision that provides for the abolition of all single-family residential zoning classifications within the territorial boundaries of a local government or zoning decisions that result in the rezoning of all property zoned for single-family residential uses within the territorial boundaries of a local government to multifamily residential uses of property.

(c)

If portions of 2022's HB 1405 are declared unconstitutional, only those portions which have been declared Unconstitutional, and have direct bearing on text within this section, shall be deleted from this section. The remainder of the section NOT declared unconstitutional shall remain enforce, and be legally binding.