The city council of the City of Vidalia may from time to time amend, supplement, or change by ordinance, the boundaries of the use districts or zones established on the comprehensive zoning map or the regulations set forth in this ordinance. Any proposed amendment, supplement or change shall first be submitted to the planning commission for its recommendation.

This ordinance, including the comprehensive zoning map, may be amended by the city council on its own motion, on petition of an owner of property or on recommendation of the planning commission of the City of Vidalia, hereinafter referred to in this section as the "planning commission," but no amendment shall become effective unless it shall have been proposed by or shall first have been submitted to the planning commission for review and recommendation. Before enacting an amendment to this ordinance, the city council shall give public notice and hold a public hearing thereon as set forth in this section.

Any person or persons, other than the city council or planning commission, desiring to submit a petition requesting a change in zoning shall file such petition with a plat of the subject property attached thereto, together with a payment of one hundred dollars ($100.00) to cover administrative and advertising costs, with the building inspector of the City of Vidalia. Such petition shall be signed by the petitioner who must be the owner of the property and shall state the name, address and telephone number of the petitioner, the present zoning classification of the property; the reasons for requesting the proposed change in zoning; the amount of any gift or campaign contribution made by the petitioner, or by any person who has a financial interest in the petitioner if the petitioner is a partnership, corporation or other business entity, to the mayor, any member of the city council or planning commission of the City of Vidalia during the three (3) years immediately preceding the filing of such petition, and said petition shall be accompanied by such disclosure as is required by volume 37 [27], title 26, chapter 67A [title 36, chapter 67] of Official Code of Georgia Annotated [O.C.G.A. § 36-67-1 et seq.], if any. When a petition is filed, the building inspector shall forthwith deliver copies of such petition to the members of the planning commission and the city manager.

The building inspector shall then prepare and cause to be published at least once in the Vidalia Advance, a newspaper of general circulation within the territorial boundaries of the City of Vidalia and its official organ, a notice of the public hearings which will be held by the planning commission and city council, stating the time, place and purpose of such hearings, the location of the property and name of the owner thereof, the present zoning classification of the property, and the proposed zoning classification of the property. The publication of said notice shall be published at least fifteen (15) days prior to the date of the hearings. Public hearings shall also be held by the planning commission on proposed amendments to this ordinance initiated by the city council or by the planning commission, and notice of such hearings shall be published as hereinbefore provided for notices of hearings on petitions of owners for rezoning. Such notices shall state the time, place and purpose of such hearings and, if rezoning of property is proposed, shall also state the location of the property, the present zoning classification of the property, and the proposed zoning classification of the property.

Upon the filing of a petition for a change in zoning, and not less than fifteen (15) days prior to the date of the hearing thereon before the planning commission, the building inspector shall cause to be erected in a conspicuous location on the subject property a sign. The required sign shall be at least nine (9) square feet (3′ x 3′) in size and shall contain a message composed of black letters three (3) inches high upon a white background which shall read as follows:

"PUBLIC HEARING NOTICE

ZONE CHANGE

A public hearing will be held at City Hall _____ (Time (p.m. or a.m.)) on ________ (Date), ___ (Year) by the Planning Commission then at _____ (Time (p.m. or a.m.)) on ________ (Date) ___ (Year) by the City Council to consider the rezoning of this property from ___________ (Present zone) to ___________ (Requested zone) as provided for in the City Revised Zoning Ordinance.

_____
City of Vidalia"

"PUBLIC HEARING NOTICE

ZONE VARIANCE

A public hearing will be held at City Hall _____ (Time (p.m. or a.m.)) on ________ (Date), ___ (Year) by the Planning Commission then at _____ (Time (p.m. or a.m.)) on ________ (Date), ___ (Year) by the City Council to consider the zone variance of this property as provided for in the City Revised Zoning Ordinance.

_____
City of Vidalia"

All signs, whether erected by a petitioner or by the city, shall be so located as to provide adequate exposure to the public, and after the hearing before the planning commission, the sign shall be maintained on the subject property by the party responsible for its erection until the city council has taken final action on the proposed rezoning.

(Ord. of 3-11-91, § 4)

When any rezoning proceeding is initiated, the building inspector shall notify all persons owning property within a radius of five hundred (500) feet of the subject property by first-class United States mail or personal delivery of the time, place and purpose of the hearing before the planning commission; provided, however, that the failure of the building inspector, through oversight, omission or lack of information, to give such notice to such a property owner shall not invalidate any action or recommendation of the planning commission, or any zoning decision of the city council in such proceeding, it being the intention of this provision to notify, insofar as reasonably possible, those persons substantially interested in the proposed change in zoning classification that a public hearing is pending. Depositing such notices in the United States mail in properly addressed envelopes with adequate postage affixed or personal delivery at least fifteen (15) days prior to the date of the hearing of which notice is given shall be deemed full compliance with the requirements of this subparagraph.

The hearings before the planning commission shall be public hearings as aforesaid, and be conducted as hereinafter provided.

At the commencement of the hearing, the presiding officer shall give a brief explanation of the matter under consideration and the issue or issues to be determined. Following such explanation, the petitioner and proponents of the petition seeking a change in zoning, or the proponents of any other proposed amendment to this ordinance, as the case may be, shall be afforded the first opportunity to present their case and evidence to the planning commission. After this presentment, all parties in opposition shall be afforded an opportunity to present their opposition and evidence, and, after all parties have been so heard by the planning commission, the planning commission may, but shall not be required to permit one (1) person to summarize the evidence and arguments of the proponents, and one (1) person to summarize the evidence and arguments of the parties in opposition, limiting the time for the presentation of such summaries to the extent the planning commission chairman deems appropriate. After all parties have been heard and such summaries, if any, have been completed, the planning commission chairman shall close the floor to open debate and further evidence, and once the floor is closed to open debate and further evidence, and deliberation has begun by the planning commission on the issue before it, no further evidence may be presented on arguments made either for or against the proposed rezoning or other amendments to this ordinance being considered without the expressed consent of the planning commission. Thereafter, the planning commission shall begin deliberations and shall take into consideration all evidence properly before it and all pertinent standards and factors set forth in this ordinance.

When a decision has been reached the planning commission shall make its written report on the proposed change in zoning or other amendment to this ordinance to the city council, reporting the vote of each member of the planning commission thereon. If such report is not made within thirty (30) days after the public hearing, the petition for rezoning or other amendment to this ordinance shall be deemed to have been recommended for approval. Such reports of the planning commission shall be filed with the secretary of the city council who shall, upon the date said report is received, post a copy thereof as a regular notice at the place for posting such notices in city hall and forward a copy thereof to the petitioner for rezoning, if any, at the address shown in the petition for such rezoning. A copy of said report shall also be delivered to the building inspector. Should a petitioner fail to comply with any requirements of this ordinance pertaining to the petition prior to the time said public hearing is held, the petition shall for said reason be denied by the planning commission without inquiring into its merits. If the petitioner desires to further pursue the matter of rezoning the property in question, the petitioner must file a new petition requesting a change in the zoning of the property in question; pay an additional sum of one hundred dollars ($100.00) to cover administrative and advertising costs; and comply with all requirements of this ordinance pertaining to a petition for rezoning, whereupon the planning commission shall proceed to hear said petition on its merits.

The hearings before the city council shall be public hearings as aforesaid and all discussions and deliberations shall be conducted in open meeting provided, however, that nothing contained herein shall prohibit the city council from going into executive session for the purpose of discussing legal questions arising due to the matter under consideration with the city attorney in an attorney-client relationship. At the commencement of the hearing, the presiding officer, whether the mayor or the mayor pro tem, or someone designated by the presiding officer, shall give a brief explanation of the matter under consideration and the issue or issues to be determined. Following such explanation, the petitioner and proponents of the petition seeking a change in zoning, or the proponents of any other proposed amendment to this ordinance, as the case may be, shall be afforded the first opportunity to present their case and evidence to the city council. After this presentment, all parties in opposition shall be afforded an opportunity to present their opposition and evidence, and, after all parties have been so heard by the city council, the city council may, but shall not be required to permit one person to summarize the evidence and arguments of the proponents, and one (1) person to summarize the evidence and arguments of the parties in opposition, limiting the time for the presentation of such summaries to the extent the presiding officer deems appropriate. After all parties have been heard and such summaries, if any, have been completed, the city council shall close the floor to open debate and further evidence, whereupon the city council shall consider the issue to be determined and the evidence and arguments presented to it during the hearing, and make its decision by open ballot. Once deliberation begins by the city council on the issue before it, no further evidence may be presented or arguments made either for or against the proposed rezoning or other amendments to this ordinance being considered without the expressed consent of the city council.

Since one (1) of the functions of the planning commission is to consider and plan for the long-range development of the City of Vidalia, the city council shall give great weight to the recommendations of the planning commission. However, such recommendations have advisory effect only and the city council shall not be bound by such recommendations. If the decision of the city council results in a rezoning of property or any other amendment to the comprehensive zoning ordinance, such amendment shall be adopted by ordinance.

The city council of the City of Vidalia recognized that the proper exchange of its zoning powers requires the consideration and balancing of the public interest in protecting and promoting the public health, safety, morality and general welfare against the right to unrestricted use of property. To ensure a proper balancing of the aforesaid interest, the city planning commission in considering amendments to the zoning ordinance and application to rezone property for the purpose of making recommendations to the city council, and the planning commission in considering or making any zoning decision including, but not limited to, decisions concerning amendments to the zoning ordinance and applications to rezone property, shall consider the following standards and factors:

(1)

The existing land use pattern, and existing uses and zoning of nearby property.

(2)

Whether existing boundaries of use districts or zones are illogically drawn in relation to existing conditions affecting the property proposed for change.

(3)

Whether changed or changing conditions make the passage of the proposed zoning appropriate.

(4)

Whether the zoning proposal will permit a use that is suitable in view of the location of the subject property and the development of adjacent and nearby properties.

(5)

The suitability of the subject property for the purpose of the zoning.

(6)

Is this request a logical extension of use district or zone boundary which would improve the pattern of uses in the general area?

(7)

The length of time the property has been vacant as zoned considered in the context of land development in the vicinity of the property.

(8)

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

(9)

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

(10)

The extent to which property values are diminished by the particular zoning restrictions, and the extent to which any such diminution in, or destruction of the property values of the owner of the subject property promote the health, safety, morals and general welfare of the public.

(11)

The population density pattern and the possible increase in the use of, or the overloading of public facilities, including but not limited to, water and sewer systems, and streets.

(12)

The cost to the local government in providing, improving, increasing or maintaining water service, sewer service, streets and public safety measures.

(13)

Whether this request requires a major change in existing levels of public service which cannot feasibly be financed by the local government.

(14)

Accessibility of public transportation to the property.

(15)

Whether the zoning proposal is in conformity with the policy and intent of any then-existing land use plan.

(16)

Is the property likely to be used for the use requested?

(17)

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

(18)

Impact on the environment, including but not limited to drainage, soil erosion and sedimentation, flooding, air quality, and water quality and quantity.

(19)

Whether there exists a substantial need for the restrictions imposed or contemplated upon the use of the public health, morals, safety or welfare.

(20)

The relative gain to the public, as compared to the hardship imposed upon the individual property owner, and the relative loss to the public, as compared to the benefit gained by the individual property owner.

(21)

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.

(22)

Any other factors relevant to the balancing of the public interest in protecting and promoting the public health, safety, morality and general welfare against the right to unrestricted use of property. The board of appeals shall also consider such of the foregoing standards and factors as may be relevant to consideration of any issue before it on appeal.

(a)

Any attorney at law who intends to participate in any public hearing before the planning commission, the city council or the board of appeals as attorney for any person shall, prior to the hearing, provide the person who will preside at such hearing with a written statement setting forth the names of the clients who he will represent during the hearing and the reason each client is interested in the issue to be determined on the hearing. Thereafter, the clients of such attorney shall be bound by statements, stipulations and arguments made in their behalf by such attorney, and their oral participation in the hearing shall be limited to giving testimony when questioned by their attorney or any other attorney involved in the hearing, or by a member of the city council.

(b)

During any public hearing held by the planning commission, the city council or the board of appeals under the provisions of this ordinance, the building inspector may appear in his capacity and provide such information, and make such comments and observations concerning the matter under consideration as may be appropriate and relevant.

(c)

It is recognized that it is incumbent upon the members of the planning commission, the mayor and other members of the city council and the members of the board of appeals to remain impartial and consider every issue that comes before them impartially and without favor or affection to anyone. It is also recognized that it is imperative, in order that the planning commission, the city council and the board of appeals be free from suspicion of prejudice or partiality, that interested parties refrain from approaching any member thereof privately, and the only legitimate way for anyone to influence or persuade the planning commission, the city council or the board of appeals in making a decision on an issue under consideration is to present his opinions, arguments and evidence at the public hearings required to be held. Should any person interested, either directly or indirectly, in a decision to be made by one of the aforesaid boards or the city council on any zoning matter pending before it, or which may come before it at some later date, attempt to discuss the merits of the issue to be determined with any board member, or the mayor or members of the city council, or otherwise communicate or attempt to communicate with any board or member of the city council either directly or indirectly, in an effort to influence such member's vote on the issue when it comes before the body of which he is a member for determination, such board member or member of the city council shall immediately apprise such person of the impropriety of his conduct and decline to discuss such issue with such person in any way. It shall be unlawful for such person to persist in the effort to discuss the issue or otherwise communicate with the board member or member of the city council concerning same, and any person so persisting shall be punished as provided by the Code of the City of Vidalia.

In case of a protest against such amendment, change, modification or repeal, signed by the owners of twenty (20) percent of more of either the area or the lots included in such proposed changes or of those within one hundred (100) feet of all external boundaries of such changes, such amendment, supplement, change or modification shall not become effective except by the favorable vote of two-thirds (⅔) of all members of city council authorized to vote thereon.

Upon defeat of an application for a change in zoning, the city council may not consider the property in question for rezoning amendment until at least six (6) months has elapsed.