Requests to amend this chapter may be in the form of proposals to amend the text, or proposals to amend the official zoning map. A proposal to amend the text of this chapter may be initiated by the planning commission or be submitted to the planning commission by the town council or by any person having an interest in the town. A proposal to amend the official zoning map may be initiated by the planning commission or to the planning commission by the town council. Unless initiated by the town council or the planning commission, all proposals to amend this chapter or the official zoning map must be in the form of an application satisfying the requirements of section 113-61 of this article and, in the case of proposals to amend the official zoning map, must be submitted by the owner of the affected property or the authorized agent of the owner. Such authorization shall be notarized and attached to the application. In the case of a proposal to amend the official zoning map which was defeated by the town council, the interval between the defeated proposal and a subsequent proposal affecting the same property shall be at least six months. The six -month interval shall not apply to proposals initiated by the town council or the planning commission.

Each application to amend this chapter, the comprehensive land use plan, or the official zoning map shall be filed with the town clerk. An application shall not be required for proposals initiated by the town council or the planning commission. Applications shall be submitted in compliance with the following:

(1)

Text amendment application. A text amendment application shall include the following:

a.

Name and address of applicant;

b.

Current provisions of the text to be affected by the amendment;

c.

Proposed wording of text change; and

d.

Reason for the amendment request.

(2)

Map amendment application. A map amendment (rezoning) application shall include the following:

a.

A legal description of the tract to be rezoned;

b.

Ten copies of a plat, drawn to scale, showing north arrow, land lot and district, the dimensions, acreage and location of the tract prepared by an architect, engineer, landscape architect or land surveyor whose state registration is current and valid. The preparer's seal shall be affixed to the plat;

c.

The present and proposed zoning district for the tract;

d.

Existing and intermediate regional flood plain and structures;

e.

The names and addresses of the owners of the land and their agents, if any, and abutting land owners; and

f.

A written, documented analysis of the impact of the proposed rezoning with respect to each of the following matters:

(i)

Whether the zoning proposal will permit a use that is suitable in view of the use and development of adjacent and nearby properties;

(ii)

Whether the zoning proposal would adversely affect the existing use or usability of adjacent or nearby property;

(iii)

Whether the property to be affected by the zoning proposal has a reasonable economic use as currently zoned;

(iv)

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

(v)

Whether the zoning proposal is in conformity with the policy and intent of the comprehensive land use plan; and

(vi)

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.

(3)

Schedule and fees. Applications shall be submitted in accordance with a fee schedule as established from time to time by the town council. The schedule shall be kept at town hall and shall be available to the public. These fees shall be in addition to any other fees and charges required under other ordinances as enacted by the town council.

(4)

Disclosures. The applicant shall file all disclosures required by the Conflict of Interest in Zoning Actions Act, O.C.G.A. Title 36, Chapter 67A.

The planning commission shall establish a schedule for planning commission public hearing, including filing deadlines for submission of applications. Public hearings shall conform to the requirements herein.

(1)

Place. Public hearings shall be conducted in the council chambers at Tyrone Town Hall.

(2)

Date and time. Any changes from the standard schedule for public hearings will be published in the newspaper which carries legal advertisements for the Town in compliance with the requirements for public notification (section 113-63).

(3)

Conduct of public hearing.

a.

Time allowed. Public hearings on amendments shall be conducted with at least ten minutes provided for the proponents and at least ten minutes provided for the opponents of a proposal. An applicant may reserve part or all of the allotted time for rebuttal.

b.

Decisions. Decisions of the planning commission shall be made subsequent to the public hearing.

c.

Minutes. The minutes of any public hearing shall be maintained with the zoning decision entered thereon. The minutes shall be kept as public records.

(Ord. No. 2017-09, § 1, 11-2-2017)

The mayor and council shall hold public hearings on matters affecting the zoning ordinance.

(1)

Newspaper—Legal notice. Notice of scheduled public hearings shall be published in a newspaper of general circulation within Fayette County in which are carried the legal advertisements of the county.

a.

Timeframe. The notice shall be published at least seven days prior to the public hearing before the planning commission, but not more than 45 days, nor less than 15 days prior to the required public hearing before the town council. In the event that the time frames above cannot be met with one advertisement, the notice shall be published twice.

b.

Content. The notice shall contain the dates of the public hearings before the planning commission and the town council. Public notification shall include at a minimum the time, date, place and purpose of the hearing. Where a request for rezoning is initiated by any person other than the planning commission or town council, the notice shall also state the property location, area of the property, and the current and requested zoning districts.

(2)

Posting of property. The zoning administrator shall cause appropriate signage to be posted in a conspicuous place on the area proposed to be rezoned by any person other than the planning commission or town council.

a.

Location, duration. A sign shall be posted along every street frontage of property for which rezoning is sought. The sign shall be posted consistent with the requirements for newspaper notification. If the property proposed for rezoning does not have frontage on a public street, then an additional sign shall be posted on the right-of-way of the nearest public street which provides access to the site.

b.

Size, content. Signs used for posting property shall be a minimum of three square feet and shall indicate the application number, the time, date, location and purpose of the public hearings, and the current and requested zoning districts.

(3)

Applicant notification.

a.

Public hearings. Upon certification by the zoning administrator that an application is complete, a notice giving the date, time and place of the public hearings shall be given by certified mail to the applicant.

b.

Action. The town clerk shall notify the applicant by mail of any action (including tabling of action) taken by the town council. All actions of the town council shall be deemed to be effective as of the date of the action.

(a)

Options. The planning commission shall make a recommendation of approval, denial, tabling or withdrawal without prejudice on each proposal. In addition, the planning commission may recommend amendments to the proponent's request which would reduce the land area for which the proposal is made, change the zoning district requested to one which is less intense, or recommend conditions which may be deemed advisable so that the purpose of this section will be served and the public health, safety and welfare secured.

(b)

Failure to submit report. If the planning commission fails to submit a report within 45 days from the acceptance of the completed amendment application, the proposal shall be deemed to have been approved.

(c)

Decision transmittal. A report of the planning commission's decision shall be submitted to the mayor and council. The report shall contain the decision of the planning commission, all grounds therefor, and shall be signed and approved by the chairman of the planning commission.

(a)

Options. The town council may approve, deny or table a proposal. An action to table shall include a justification of such action and a specific meeting date at which the proposal is to be reconsidered, which statement shall constitute public notice of the hearing on the proposal, and no further notice is required. In addition, the town council may approve an amendment with a reduction in the land area requested, change the zoning district requested (as long as such change is to a less intense zoning district), or add or delete conditions of zoning which will enhance the health, safety and welfare of the town.

(b)

Withdrawal. The town council may allow a proposal to be withdrawn without prejudice with regards to the waiting period required by a denial.

(c)

Decision. The decision of the town council shall be contained in a written report prepared by the town clerk. The report shall contain the decision of the town council, all grounds therefor, and shall be signed and approved by the mayor. The town clerk shall provide a copy of the report to the zoning administrator which copy shall become a part of the proposal file. The town clerk shall send one copy to the applicant by certified mail.

All proposed map amendments shall be evaluated with special emphasis being placed on the relationship of the proposal to the comprehensive land use plan and related development policies of the Town of Tyrone. The zoning administrator shall prepare a report for each proposed map amendment which shall recommend a course of action including recommended conditions, if any. The following factors shall be considered by the zoning administrator, the planning commission and the town council when reviewing a request for rezoning:

(1)

Whether the zoning proposal is in conformity with the comprehensive land use plan and policies contained therein;

(2)

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

(3)

Whether the zoning proposal will result in a use which will or could cause an excessive or burdensome use of existing or planned streets, utilities, or schools; and

(4)

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.

(Revised October 4, 2012)

Within three years of the date of rezoning, rezoned property shall be utilized for uses allowed in the new zoning district or substantial development shall be demonstrated toward such utilization. Failure to so utilize or demonstrate substantial development may subject the property to consideration for reversion to the previous zoning district. In such event, public hearings shall be held as for rezoning petitions and a final decision is rendered by the town council.

Text amendment or map amendment decisions made subject to this article shall be subject to direct constitutional challenge regarding the validity of said decisions in the superior court pursuant to its original jurisdiction over declaratory judgments and equity jurisdiction. Such challenges shall be by way of de novo review by the superior court wherein such review brings up the whole record from the town and all competent evidence shall be admissible in the trial thereof, whether adduced in the process before the town or not and employing the presumption that the town's zoning decision is valid and can be overcome substantively by a petitioner showing clear and convincing evidence that the zoning classification is a significant detriment to the petitioner and is insubstantially related to the public health, safety, morality, or general welfare. Such challenge shall be brought within 30 days of the written decision of the challenged action.

(Ord. No. 2023-07, § 1, 5-4-2023)