1.

Amendments. This chapter, including the zoning map, may be amended by the mayor and council on their own motion, on petition, or on recommendation of the planning and zoning commission, but no amendment shall become effective unless it shall have been proposed or shall first have been submitted to the Thunderbolt Planning and Zoning Commission for review and recommendation. Before enacting an amendment to this chapter, the mayor and council shall give public notice and hold a public hearing thereon as set forth in this article.

2.

Procedure for amendment.

(a)

Generally. Applications for amendment of this ordinance may be filed with the town zoning administrator. The proposed amendments to this ordinance may be proposals for text or map amendments. Such applications shall give the reasons for requesting change of the text and/or zoning map, which would support the purposes of the zoning program. A property owner shall not file a rezoning petition for a map or text amendment affecting the same parcel more often than 12 months from the date of denial of any rezoning request for the same property by the mayor and council, or within 12 months of the date of a recommendation by the planning and zoning commission for denial of an application affecting the same parcel. All previous applications for a text or map amendment affecting the same premises shall be listed. The fee for filing an application for amendment and all related fees shall be subject to the current fee schedule as approved by town council. (Please see zoning administrator for current fee schedule.)

(b)

Signature of applicant. All applications shall be signed and shall state the name and address of the applicant, who must be the owner of the property or the authorized agent or attorney for the owner of the property. If the applicant is the agent of the owner then said agent shall file, simultaneously with said petition, a notarized letter signed by the owner, authorizing said agent to file on his behalf. No application shall be accepted which fails to meet these requirements.

(c)

Application for text amendment. In the case of a text amendment, the application shall set forth the new text to be added and the existing text to be deleted.

(d)

Application for map amendment. An application for a map amendment shall include the following information and a scaled map or plat, which shall be attached to each of the application forms required. Said map or plat shall show the property referred to in the application and all adjoining lots or parcels of land which are also under the same ownership and include:

(1)

A legal description of the land by lot, block, and subdivision designations, or if none, by metes and bounds.

(2)

The property identification number from the tax records of Chatham County.

(3)

The present zoning classification and the classification proposed for such land.

(4)

The name and address of the owners of the land.

(5)

The present and proposed land uses of the property petitioned for rezoning and all adjoining properties if under the same ownership.

(6)

The names, address and zip codes, at the date of filing of owners of property being rezoned and of property owners within 200 feet of the property and across any public right-of-way from the property being proposed for rezoning, including properties diagonally across an intersection.

After acceptance of an application, the zoning administrator shall transmit a copy thereof to the planning and zoning commission for its review and recommendation. The planning and zoning commission shall submit its findings to the town council within 90 days from the date the application was accepted by the zoning administrator; provided that such application was accepted at least 20 days prior to its next regularly scheduled meeting. If the planning and zoning commission fails to submit a report within the time period set forth above, the application shall be submitted to the town council without any recommendation by the planning and zoning commission.

At least seven days prior to the planning and zoning commission meeting on the application, applicant shall mail by certified mail, return receipt requested, notice of the date, time, place of the planning and zoning commission hearing on the application to the property owners adjacent to and across any public right-of-way from the property being proposed for rezoning, including properties diagonally across an intersection. Proof of mailing, by applicant, must be provided to the zoning administrator.

(e)

Posting of property.

(1)

Erection of signs. At least 15 days prior to the scheduled date of the public hearing before the mayor and council on the application for a map amendment, the applicant shall erect a sign at applicant's expense on the land proposed to be reclassified. Such sign shall be erected by the applicant within ten feet of whatever boundary line of such land abuts the most traveled public road; and, if no public road abuts thereon, then such sign shall be erected to face in such a manner as may be most readily seen by the public. The lower edge of the sign face shall be of sufficient height so as to be read from the roadway. The sign shall show the present zoning classification, the proposed zoning classification, the scheduled date, time, and place of public hearing and the telephone number to call for further information. If the land sought to be rezoned lies within more than one block, as shown on a plat recorded in the land records of the county, additional signs shall be placed to give general area coverage. Any such sign(s) shall be maintained at all times by the applicant until a decision on the application has been made public by the governing authority. Once the application is disposed of, the applicant must remove and dispose of the sign within ten days.

(f)

Hearing procedure.

(1)

Hearing called. Before taking action on a proposed amendment, the mayor and council shall hold a public hearing thereon. At least 15 days' notice and not more than 45 days' notice of the time and place of such hearing shall be published in a newspaper of general circulation within the town. Such notice shall state the application number and shall contain a summary of the proposed amendment, if a text amendment, and in the case of a map amendment, the location of the property, name of owner, and the proposed change or classification.

(2)

Notice of interested parties. At least seven days prior to the date of the public hearing a notice setting forth the date, time and place for such public hearing shall be sent by the zoning administrator by regular mail to the applicant, the planning and zoning commission, and all owners of property located adjacent to or across a public right-of-way from the property being proposed for rezoning. The names and addresses of owners of such properties shall be provided by the applicant as set forth herein, provided, however, where a map amendment is initiated by the planning and zoning commission such names and address of owners of property located adjacent to or across a public right-of-way from property being proposed for rezoning shall be provided by the zoning administrator. Notwithstanding any other provision hereinabove if the planning and zoning commission or the mayor and council themselves initiate a rezoning matter involving more than one parcel of land and all owners of property located adjacent to or across the public right-of-way from the property being proposed for rezoning constitute more than 30 such owners the notice to interested parties shall be accomplished by advertisement in the appropriate newspaper for the County of Chatham that advertises legal advertisements, said advertisement to be run once a week for two weeks prior to the date of the public hearing.

(g)

Procedure for conducting a public hearing.

(1)

All public hearings by the mayor and council on zoning amendments shall be chaired by the mayor (presiding officer).

(2)

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

(3)

The mayor shall determine the number of attendees who desire to testify or present evidence at the hearing.

(4)

When there are a large number of individuals wishing to testify at a hearing, the Mayor may invoke time limits on individual speakers. In such cases, these time limits shall apply to all speakers. Notwithstanding, any other provisions of this article, the proponents and opponents to any zoning petition shall be granted a minimum of ten minutes per side for an amount in accordance with O.C.G.A. § 36-66-5(a) as such provision is amended.

(5)

The mayor shall recognize the individual parties wishing to testify or present evidence and allow them to present this information.

(6)

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

(h)

Standards and criteria for making zoning amendments. However, prior to making a zoning amendment, the mayor and council shall evaluate the merits of a proposed zoning amendment according to the following criteria: The planning and zoning commission may evaluate any proposed zoning amendments according to the following criteria and, if used, should be included in their recommendation to the mayor and council.

(1)

Is this request a logical extension of a zoning boundary, which would improve the pattern of uses in the general area?

(2)

Is this spot zoning and generally unrelated to either existing zoning or the pattern of development in the area?

(3)

Could traffic created by the proposed use or other use permissible under the zoning sought traverse established single-family neighborhoods on minor streets, leading to congestion, noise, and traffic hazards?

(4)

Will this request place irreversible limitations on the area as it is or on future plans for it?

(5)

Is there an eminent needs for the rezoning and is the property likely to be used for the use requested?

(6)

Will the proposed use substantially conflict with existing density patterns in the zone or neighborhood?

(7)

Would the proposed use precipitate similar requests which would generate or accelerate adverse land use changes in the zone or neighborhood?

(8)

Will the action adversely impact adjacent or nearby properties in terms of:

(i)

Environmental quality or livability, resulting from the introduction of uses or activities which would create traffic, noise, odor or visual hazards or the reduction of light and air that is incompatible with the established development pattern.

(ii)

Property values, by rendering such properties less suitable and therefore less marketable for the type of development to which they are committed or restricted in order to promote the public welfare and protect the established development pattern.

(9)

Will the action create development opportunities of such increased intensity that storm water run-off from the site cannot be controlled within previous limits, which results in adverse impacts upon existing downstream drainage problems or potential problems?

(10)

Will the action result in public service requirements such as provision of utilities or safety services which, because of the location or scale of the development, cannot be provided on an economic basis and therefore would create an actual burden to the public?