The Zoning Ordinance and Official Zoning Map of Union Point, Georgia may be amended for time to time by the mayor and council pursuant to the policies and procedures set out herein.

(Ord. of 9-19-2005(2), § 1)

When used in these policies and procedures, words and phrases shall have the meaning given pursuant to Article III of the "Zoning Ordinance for the City of Union Point, Georgia."

(Ord. of 9-19-2005(2), § 2)

An application for amendment must be filed with the city clerk no later than 45 days prior to the date on which the application will be heard by the mayor and council and all fees shall be paid at the time of filing. An application for amendment must contain the following information:

(1)

A survey of the property prepared by a licensed surveyor showing existing and proposed structures and uses, access drives, easements, utilities, buffers, and existing zoning;

(2)

Current zoning of the subject property and a description of suitability for development under existing and proposed zoning and a description of all existing uses and structures;

(3)

A statement of intent explaining in detail the requested change, the proposed use, and any special or unusual parts of the request;

(4)

The duration of vacancy or non-use if the property is unused at the time the application is submitted;

(5)

Any other supporting documentation reasonably required by the Union Point city clerk to assist the mayor and council in rendering a decision, including a site plan drawn to scale showing the proposed use, including at a minimum information on proposed improvements, including parking and traffic circulation, areas of required landscaping, stormwater, detention structures, amenities, buildings, and buffers;

(6)

For any applications for commercial or industrial uses, the site plan shall also identify the square footage of structures, the square footage of landscaped area, the maximum height of any structure, the square footage of parking and drive areas, and the proposed number of parking spaces, landscaping and buffers, and stormwater retention structures;

(7)

For any application for single-family residential uses, the site plan shall also identify the number of residential dwelling units, the height of any structure, the square footage of landscaped area, the square footage of structures, and the proposed number of parking spaces;

(8)

For any application for multi-family residential uses, the site plan shall identify the details in the foregoing paragraph plus shall also identify the location of amenities and buffer areas;

(9)

A list of adjoining property owners as shown on the tax rolls, and current zoning of the adjoining properties, and description of all existing uses of adjoining properties;

(10)

A statement explaining why the subject property is not suitable for development under existing zoning, as well as an explanation of the hardship which will result if the amendment is not granted;

(11)

Any relevant additional information the applicant or the city clerk reasonably believes to be pertinent;

(12)

Additionally, the applicant, if other than the City of Union Point, must pay the standard application fee, as determined by the Union Point City Council, to cover the administrative and advertising costs of the application and sign a statement certifying he/she or the owner represented by the applicant has at least a 51 percent ownership interest in the property;

(13)

Incomplete applications will not be processed.

(Ord. of 9-19-2005(2), § 3; Amend. of 4-10-2007, § 3)

Editor's note— Amend. of 4-10-2007, § 3, changed the title of § 16.3 from application for amendment (rezoning application) to application for map or text amendment (rezoning application).

The city clerk shall present the application and all its supporting documents, along with a written analysis of the requested zoning's impact on the zoning standards, to the mayor and council at its advertised public hearing. The written analysis shall show that the city clerk has considered the proposed change in relation to the applicable zoning standards in section 16.6.

(Ord. of 9-19-2005(2), § 4; Amend. of 4-10-2007, § 3)

a.

Public hearing required. Before enacting an amendment to this ordinance, one public hearing must be held by the mayor and council.

b.

Applicant notification. The city clerk must notify the applicant of the date, time, and place of the required public hearing.

c.

Publication of notice. Not less than 15 days, and not more than 45 days prior to the date of the public hearing, the city clerk shall advertise the date, time, place and purpose of the public hearing in a newspaper of general circulation in Union Point. The notice shall also include the location of the property, the present zoning classification of the property, and the proposed zoning classification of the property.

d.

Sign. In addition to the newspaper notice, not more than 45 days and not less than 15 days prior to the mayor and council's public hearing, the city clerk shall have posted in a conspicuous place on the lot or parcel to be rezoned or which will be utilized under a requested text amendment, one or more signs, which shall provide adequate notice of the zoning action.

e.

Hearing. A public hearing of the mayor and council shall be conducted by the city clerk. Such hearing shall be governed by the following sections, which are adopted pursuant to O.C.G.A. § 36-66-5(a).

f.

Administrative record. Minutes of the meeting will be taken by the city clerk or his/her delegate. A complete tape recording of a public hearing may be requested and will be available at the expense of a party making a timely request.

g.

Call to order and summarize requirements. The public hearing shall be called to order by the presiding officer, who shall summarize the requirements as to speakers' conduct and time limits, and other matters of procedure.

h.

Report. The city clerk shall present the application and all its supporting documents, along with a written analysis of the requested zoning's impact on the zoning standards.

i.

Speakers' conduct. All speakers shall speak only from the podium, shall address only the merits of the pending application, and shall address remarks only to the mayor and council. Each speaker shall refrain from personal attacks on any other speaker, any discussion irrelevant to the pending application, or any other inappropriate behavior. No debate or argument between speakers or with council members will be allowed. Speakers shall not repeat previous comments, as repetition deprives other speakers of valuable time to provide new information. The presiding officer or his/her designee shall refuse a speaker the right to continue, if the speaker, after once being cautioned, continues to violate any section of this ordinance. Speakers should provide supporting documentation prior to the date of the hearing. Speakers shall sign the speaker list prior to the hearing.

j.

Applicant's initial presentation. The applicant or applicant's representative shall present and explain the application after being permitted to proceed. The applicant will be allowed not less than ten minutes combined total to make an initial presentation and subsequent rebuttal, but the applicant and all supporters shall have a combined time limit of no more than 15 minutes.

k.

Other interested parties. After the applicant's presentation, interested persons who support the application, after being permitted to speak by the presiding officer, may address the proposed application by standing and stating their name, address, and interest and any comments on the pending application. Persons other than the applicant who support the application are allowed to speak in support of the pending application for no more than two minutes each, and are also subject to the 15 minute combined total time limit.

l.

Opponents. Persons opposing an application are allowed at least ten minutes total as a group (and in no event less than the combined time used by the applicant and supporters), to address their opposition to the application. The opponents shall have a combined total time limit of no more than 15 minutes. It is suggested that supporters and opponents each obtain one spokesperson to present their views. No individual except the applicant, or an attorney, or a designated representative of a group, shall speak longer than two minutes or more than one time.

m.

Applicant's summary. The applicant may make brief summary remarks using any reserved time, after which the presiding officer shall close the public hearing.

n.

Withdrawal. If an application for amendment to the zoning ordinance or official zoning map is withdrawn in writing by the applicant at any time after the publication of the newspaper notice and posting of the required sign but prior to a decision by the mayor and council, then the same property or application may be not considered for zoning by the mayor and council until the expiration of at least 60 days immediately following the withdrawal of the rezoning application. The withdrawal must be in writing and signed by the applicant. The application will be considered to have been withdrawn if the applicant, his/her authorized agent or his/her attorney fails to appear at the mayor and council's hearing. By withdrawing in this manner, the same property or application may not be considered by the mayor and council until the expiration of at least 60 days from the date of the scheduled public hearing for which the applicant failed to appear.

o.

Mayor and council action. The mayor and council shall review the record, consider the zoning amendment criteria of section 16.6, and vote on the application. The mayor and council may approve, approve with conditions, table for further action, or deny the application. Within seven days of its decision, the city clerk shall so notify the applicant in writing.

p.

Denial. If the zoning ordinance amendment or official zoning map amendment is denied by the mayor and council, then the same property may not be considered for rezoning until the expiration of at least six months immediately following the denial of the rezoning.

(Ord. of 9-19-2005(2), § 5; Amend. of 4-10-2007, § 3)

In the adoption of a zoning ordinance, an amendment to an existing zoning ordinance or amendment to the official zoning map, the mayor and council shall consider factors relevant in balancing the interest in promoting the public health, safety, morals or general welfare against the individual's use of property and must specifically consider the following factors as they may be relevant to the application:

1.

The existing land use pattern;

2.

The possible creation of an isolated district unrelated to adjacent and nearby districts;

3.

The population density pattern and possible increase or over-taxing of the load on public facilities including, but not limited to, schools, utilities, and streets;

4.

The cost to governmental entities in providing, improving, increasing or maintaining public utilities, schools, streets and other public safety measures;

5.

The possible impact on the environment, including but not limited to, drainage, soil erosion and sedimentation, flooding, air quality and water quality;

6.

Whether the proposed zoning map amendment will be a deterrent to the value or improvement or development of adjacent property in accordance with existing regulations;

7.

Whether there are substantial reasons why the property cannot be used in accordance with existing regulations;

8.

The aesthetic effect of existing and future use of the property as it relates to the surrounding area;

9.

The extent to which the proposed zoning map amendment is consistent with the comprehensive plan;

10.

The possible effect of the proposed zoning map amendment on the character of a zoning district, a particular piece of property, neighborhood, a particular area, or the community;

11.

The relation that the proposed zoning map amendment bears to the purpose of the overall zoning scheme, with due consideration given to whether or not the proposed change will help carry out the purposes of these zoning regulations;

12.

The consideration of the preservation of the integrity of residential neighborhoods shall be considered to carry great weight;

13.

In those instances in which property fronts on a major thoroughfare and also adjoins an established residential neighborhood, the factor of preservation of the residential area shall be considered to carry great weight.

(Ord. of 9-19-2005(2), § 6; Amend. of 4-10-2007, § 3)