1)

The Director of the Community Development department, or his/her designee, shall effect proper administration and enforcement of this Zoning Ordinance. See also Chapter XII, Violations and Enforcement.

(Ord. of 11-14-2023)

1)

ESTABLISHMENT OF THE JOINT CITY/SCHOOL BOARD COMMITTEE OF THE CITY OF VILLA RICA AND THE CARROLL COUNTY SCHOOL DISTRICT (THE "JOINT COMMITTEE").

a)

The Joint Committee of Villa Rica shall be established in conformance with the Intergovernmental Agreements relating to Eastside Tax Allocation District TAD Agreement. The Community Development Director, or his/her designee, shall serve as staff to the Joint Committee.

i)

Responsibilities. The Joint Committee shall act in an advisory capacity to the City Council in zoning and annexation questions. In addition to any duties, responsibilities, or powers enumerated by the Council by resolution, ordinance, or the Municipal Code, the responsibilities of the Joint Committee shall include:

(1)

Conduct public hearings and makes recommendations on annexation requests, plan amendments, planned unit development, subdivisions, and zoning amendments;

(2)

Recommend changes and amendments to the Zoning Map and the Code text;

(3)

Make recommendations upon all other items referred to it by the City Council and the School District.

ii)

Public Hearing Procedures.

(1)

Rules of Procedure. The Joint Committee may adopt rules of procedure consistent with the provisions of this Code.

2)

NOTICE OF MEETINGS.

a)

Publication of the notice of any public hearing shall be done in conformance with Article 2 of this Code. The meeting agenda shall be posted in the City Clerk's Office prior to the scheduled meeting.

b)

The posting of a written notice for at least 24 hours at the place of regular meetings and giving of written or oral notice at least 24 hours in advance of the meeting to the legal organ in which notices of sheriff's sales are published in the county where regular meetings are held. Alternative notice may be provided to a newspaper having a general circulation. O.C.G.A. § 50-14-1(d).

c)

The Agenda must provide for all matters expected to be considered O.C.G.A. § 50-14-1(e)(1).

d)

Agenda shall be available upon request and posted at the meeting site, as far in advance of the meeting as reasonably possible, but not more than two weeks (14 days) prior. O.C.G.A. § 50-14-1(e)(1).

3)

CONDUCT OF MEETINGS.

a)

All meetings of the Joint Committee shall be open to the public.

b)

The Joint Committee shall have meetings as needed for the transaction of business.

4)

MINUTES.

a)

The Joint Committee shall keep minutes of its proceedings, showing the vote of each member upon each question, or, if absent or failing to vote, indicating such fact, and shall keep records of its deliberations and other official actions.

b)

The minutes shall be filed in the office of the Community Development Director.

5)

CONFLICT OF INTEREST.

a)

A member of the Joint Committee shall inform the Joint Committee before the commencement of the public hearing, of any interest in the proposed action being reviewed by the Joint Committee. The Joint Committee Member shall not participate in any discussion or voting on any item for which the Joint Committee Member or Joint Committee Member's spouse, mother, father, children, siblings or in-laws has an interest.

6)

QUORUM.

a)

The Joint Committee shall have a quorum present before considering any business. A quorum shall constitute a majority of the qualified members of the Joint Committee. The affirmative vote of the majority of the members present shall be required before the Joint Committee shall approve a recommendation or advisory opinion.

7)

INVALIDITY OF A VOTE.

a)

If a Joint Committee member votes on a recommendation in which the Joint Committee member has a conflict of interest, the member's vote shall be voided.

8)

MEMBERSHIP.

a)

The Joint Committee of the City of Villa Rica shall be comprised of five (5) members. The members shall be appointed for two (2) year terms, as shown below and every two (2) years thereafter. If a member is appointed to fill a vacancy during a term, the replacement member shall serve the remaining balance of that term.

•

Position 1—Appointed by Carroll County School Board for term beginning on the date of appointment and continuing until December 31, 2024, then every two years thereafter.

•

Position 2—Appointed by Carroll County School Board for term beginning on the date of appointment and continuing until December 31, 2023, then every two years thereafter.

•

Position 3—Appointed by City Council of Villa Rica beginning on the date of appointment and continuing until December 31, 2024 and then every two years thereafter.

•

Position 4—Appointed by City Council of Villa Rica beginning on the date of appointment and continuing until December 31, 2023 and then every two years thereafter.

•

Position 5—Appointed by Chair of Board of Commissioners of Carroll County beginning on the date of appointment and continuing until December 31, 2024 and then every two years thereafter.

•

If the Joint Review Committee is expanded, then the County shall have one representative for every two added for the City and School District.

Any and all other provisions of the City of Villa Rica Zoning Ordinance shall remain unchanged.

b)

Failure to attend three (3) out of four consecutive meetings or more shall be considered automatic resignation from the Joint Committee. Upon resignation by other means, or other vacancies occurring in office, the Chairman or Secretary (Zoning Administrator) shall inform the City Council, County School Board or County of such occurrence as promptly as possible, so that the appointing authority may appoint a replacement to fill the unexpired term.

c)

Each year the Joint Committee shall select a member to serve as Chair and Co-Chair to preside over meetings of the Joint Committee.

9)

AUTHORITY.

a)

The Joint Committee is hereby authorized to perform those duties and functions specified in the Intergovernmental Agreement related to the Eastside Tax Allocation District. For the purposes of this Zoning Ordinance, the duties of the Joint Committee include:

i)

Rules of Procedure. The Joint Committee may adopt written rules of procedure for the administration of the affairs of the Joint Committee and its staff for filing, noticing and hearings.

ii)

Record Keeping. Maintain a complete record of all proceedings;

iii)

Meeting Time and Records. Fix the time for holding regular meetings each month, or as necessary, keep minutes of all meetings, and maintain all minutes and records in the office of the Joint Committee;

iv)

Whenever possible, the Joint Review Committee shall conduct its review of applicants no earlier than five (5) days after the public hearings conducted or the application by the Villa Rica Planning and Zoning Commission.

v)

Recommendations. Make recommendations to the City Council of Villa Rica concerning the following:

a)

The Joint Committee shall review and make recommendations for all annexation requests into the City that involve land south of I-20 in the City.

b)

The Joint Committee shall review and make recommendations for any zoning requests for residential development that involve land south of I-20 in the City.

c)

The Joint Committee shall review and make recommendations for any zoning requests to rezone land for multi-family residential use or high-density residential use anywhere in the Carroll County portion of the City.

vi)

Surety. Assume responsibility for the custody and preservation of all Joint Committee documents and papers.

(Ord. of 11-14-2023)

1)

ESTABLISHMENT OF THE PLANNING & ZONING COMMISSION.

a)

The Planning & Zoning Commission of Villa Rica shall be reconstituted and re-established in conformance with the Municipal Code. The Community Development Director, or his/her designee, shall serve as staff to the Commission.

i)

Responsibilities. The Planning & Zoning Commission shall act in an advisory capacity to the City Council. In addition to any duties, responsibilities, or powers enumerated by the Council by resolution, ordinance, or the Municipal Code, the responsibilities of the Planning & Zoning Commission shall include:

(1)

Conduct public hearings and makes recommendations on plan amendments, planned unit development, subdivisions, site plans as applicable, and zoning amendments;

(2)

Recommend changes and amendments to the Zoning Map and the Code text;

(3)

Conduct hearings and make recommendations on comprehensive plan amendments; and

(4)

Make recommendations upon all other items referred to it by the City Council.

ii)

Public Hearing Procedures.

(1)

Rules of Procedure. The Planning & Zoning Commission may adopt rules of procedure consistent with the provisions of this Code.

2)

NOTICE OF MEETINGS.

a)

Publication of the notice of public hearing and notification of affected property owners shall be done in conformance with Article 2 of this Code. The meeting agenda shall be posted in the City Clerk's Office prior to the scheduled meeting.

b)

The posting of a written notice for at least 24 hours at the place of regular meetings and giving of written or oral notice at least 24 hours in advance of the meeting to the legal organ in which notices of sheriff's sales are published in the county where regular meetings are held. Alternative notice may be provided to a newspaper having a general circulation. O.C.G.A. § 50-14-1(d).

c)

The Agenda must provide for all matters expected to be considered O.C.G.A. § 50-14-1(e)(1).

d)

Agenda shall be available upon request and posted at the meeting site, as far in advance of the meeting as reasonably possible, but not more than two weeks (14 days) prior. O.C.G.A. § 50-14-1(e)(1).

3)

CONDUCT OF MEETINGS.

a)

All meetings of the Planning & Zoning Commission shall be open to the public.

b)

The Planning & Zoning Commission shall have a regularly scheduled meeting at least once a month, and more often if necessary, for the transaction of business.

4)

MINUTES.

a)

The Planning & Zoning Commission shall keep minutes of its proceedings, showing the vote of each member upon each question, or, if absent or failing to vote, indicating such fact, and shall keep records of its deliberations and other official actions.

b)

The minutes shall be filed in the office of the Community Development Director.

5)

CONFLICT OF INTEREST.

a)

A member of the Commission shall inform the Commission before the commencement of the public hearing, of any interest in the proposed action being reviewed by the Commission. The Commission Member shall not participate in any discussion or voting on any item for which the Commission Member or Commission Member's spouse, mother, father, children, siblings or in-laws has an interest.

6)

QUORUM.

a)

The Planning & Zoning Commission shall have a quorum present before considering any business. A quorum shall constitute a majority of the qualified members of the Commission. The affirmative vote of the majority of the members present shall be required before the Commission shall approve a recommendation, action or development request.

7)

INVALIDITY OF A VOTE.

a)

If a Commission member votes on a recommendation in which the Commission member has a conflict of interest, the member's vote shall be voided.

8)

MEMBERSHIP.

a)

The Planning & Zoning Commission of the City of Villa Rica shall be comprised of five (5) members who reside in the city limits of Villa Rica, Georgia. The members shall be appointed as shown below and every two (2) years thereafter. If a member is appointed to fill a vacancy during a term, the replacement member shall serve the remaining balance of that term. Each member of the Planning & Zoning Commission shall be nominated as a member for one of the five voting wards within the City. The City Council member representing that particular ward shall nominate candidates to fill the vacancy for that ward when they become available. Once nominated, the full Mayor and Council may approve that nomination or select an alternate candidate to fill the Planning & Zoning Commission position. All members shall continue to serve until their successor has been sworn in.

i)

The current terms for the wards within the City are as follows:

(1)

Ward 1—01/01/2020-12/31/2022

(2)

Ward 2—01/01/2022-12/31/2022

(3)

Ward 3—01/01/2021-12/31/2023

(4)

Ward 4—01/01/2021-12/31/2023

(5)

Ward 5—01/01/2023-12/31/2023

b)

No member shall hold any elective public office within the City of Villa Rica. Unexpired terms shall be filled by the City Council. Members are removable for cause by the City Council upon written notice and after a public hearing.

c)

Failure to attend three (3) out of four consecutive meetings or more shall be considered automatic resignation from the Planning & Zoning Commission. Upon resignation by other means, or other vacancies occurring in office, the Chairman or Secretary (Zoning Administrator) shall inform the City Council of such occurrence as promptly as possible, so that the Council may appoint a replacement to fill the unexpired term.

9)

AUTHORITY.

a)

The Planning & Zoning Commission ("Commission") is hereby authorized to perform those duties and functions specified in Georgia Planning Act (O.C.G.A. § 45-12-200 et seq., and O.C.G.A. § 50-8-1 et seq.) and other applicable sections of Georgia law and such other responsibilities as may be assigned to it from time to time by the Villa Rica City Council. For the purposes of this Zoning Ordinance, the duties of the Planning & Zoning Commission include:

i)

Rules of Procedure. The Commission shall adopt written rules of procedure for the administration of the affairs of the Commission and its staff for filing, noticing and hearings. Refer to the Villa Rica Planning & Zoning Commission Rules of Procedures, as amended;

ii)

Record Keeping. Maintain a complete record of all proceedings;

iii)

Meeting Time and Records. Fix the time for holding regular meetings each month, or as necessary, keep minutes of all meetings, and maintain all minutes and records in the office of the Commission;

iv)

Certification. Adopt a seal and certify all official acts;

v)

Recommendations. Make recommendations to the participating legislative bodies concerning the adoption and amendment of the Comprehensive Plan, the Zoning Ordinance (including the Zoning Map), the Villa Rica Development Regulations, and Planned Unit Development district ordinances;

vi)

Surety. Assume responsibility for the custody and preservation of all Commission documents and papers;

vii)

Publications. Prepare, publish, and distribute reports, ordinances, and other material relating to the activities authorized by the Georgia Code;

viii)

Modification. The Planning & Zoning Commission may initiate modifications to the standards of this Zoning Ordinance.

(1)

Modifications recommended by the Planning & Zoning Commission shall be subject to the approval of the City Council as a text amendment to the Zoning Ordinance.

ix)

Other Duties. All additional duties as established by Georgia Code.

(Ord. of 11-14-2023)

1)

ENFORCEMENT. The Director of the Community Development department (referred to as the "Director" for the purposes of this Ordinance), including his/her designee(s), will have the principal responsibility for the administration and enforcement of this Ordinance within the Planning & Zoning Commission's planning jurisdiction. The authority to perform inspections, review applications, and issue permits may be delegated to other officials by the Director. In the performance of these functions, the Director and his/her appointed officials shall be responsible to the Planning & Zoning Commission and the Villa Rica City Council. The duties delegated by the Planning & Zoning Commission to the Director, or his/her designee shall include, but not be limited to the following.

2)

BASIC DUTIES.

a)

Interpretation. Provide interpretation of the "City of Villa Rica Zoning Ordinance" when necessary and provide such technical and clerical assistance as the Planning & Zoning Commission and Villa Rica City Council may require.

b)

Maintenance. Provide and maintain a public information service relative to all matters of the Planning & Zoning Commission and arising out of the "City of Villa Rica Zoning Ordinance."

c)

Land Disturbance Permits. Reviewing, approving, or disapproving all Land Disturbance Permits and keeping permanent records of applications made and actions taken;

d)

Inspections. Conducting inspections of structures and properties to determine compliance with the requirements of this Ordinance and all approvals granted by the Planning & Zoning Commission, Villa Rica City Council, or other body (i.e. HPC) in the execution of its duties as established by this Ordinance and the Georgia Code;

e)

Record Keeping. Maintaining permanent and current records documenting the application of this Ordinance including, but not limited to, all maps, amendments, Special Exceptions, variances, and appeals;

f)

Planning & Zoning Commission Applications. Receiving, processing, docketing, and referring to the Planning & Zoning Commission all appropriate applications and other matters upon which it is authorized to act under this Ordinance and Georgia Code;

g)

Villa Rica City Council Applications. Receiving, processing, docketing, and referring to the Villa Rica City Council all appeals, variances, and Special Exceptions;

h)

Technical Advisory Committee (TAC). Receiving, processing, docketing, and referring all appropriate applications;

i)

Clerical & Technical Assistance. Providing all such clerical and technical assistance as may be required by the Villa Rica City Council, Planning & Zoning Commission, Legislative Bodies, or other body in the execution of its duties as established by this Ordinance and Georgia Code.

j)

Provide Information. Provide information to the Planning & Zoning Commission and the Villa Rica City Council and maintain permanent and current records arising from the administration of the "City of Villa Rica Zoning Ordinance," including but not limited to, all maps, amendments, Improvement Land Disturbance Permits, Certificates of Occupancy, Certificates of Completion, Variances, Special Exceptions and appeals, and applications thereof, and records of hearings thereon.

k)

Planning and Zoning Commission Recommendations. The Director, or his designee, shall report the actions and recommendations of the Planning and Zoning Commission to the City Council at the time those recommendations are made to the council.

l)

Research and Analysis. Conduct research and collect and analyze, on a continuing basis, all pertinent data on the growth and development of the city in order to provide a foundation for a planning program.

m)

Fee Schedule. The Director shall maintain a schedule of fees for all applications, permits, and other processes outlined in this Ordinance.

i)

Fee Basis. All fees shall be intended to reimburse the City for the time and cost of processing the required materials. In no instance shall a fee be used as a means of discouraging or encouraging any particular types of applications.

ii)

Public Access. The fee schedule shall be made available to the public by the Director.

iii)

Establishment and Revisions. The fee schedule shall be prepared by the Director and adopted by the Villa Rica City Council as applicable.

iv)

Payment Required. Until all applicable fees have been paid in full, no action shall be taken on any application or petition.

v)

Fines for Failing to Obtain a Permit. The Director may require any person who initiates construction of a structure or the alteration of land prior to obtaining any required permit to pay up to three (3) times the amount of the normal permit fee listed on the fee schedule as a penalty. In addition to any other enforcement action, the Director may recover a reasonable attorney fee incurred in the enforcement of any provision of this Ordinance.

n)

Schedule of Meeting and Filing Dates. The Director shall maintain an annual Calendar of Meeting and Filing Dates for the Planning & Zoning Commission, Villa Rica City Council, and other established advisory/review committees. The existence of this calendar shall not be interpreted as prohibiting special meetings of the Committees, Commission, or Council.

i)

Coordination of Calendars. The calendars of the Technical Review Committee, other established advisory/review committees, and Planning & Zoning Commission shall be coordinated to ensure the efficient processing of applications.

ii)

Conformance with Georgia Code. All meeting and filing dates shall be based on the requirements of this Ordinance and the laws of the State of Georgia.

iii)

Approval of Dates. The Calendar of Meeting and Filing Dates shall be prepared by the Director and approved by the Planning & Zoning Commission and Villa Rica City Council The calendar of meeting and filing dates shall be reviewed and updated annually by the Director.

3)

APPEALING A DECISION OF THE DIRECTOR. Recourse from the decision of the Director shall be to the Villa Rica City Council on matters pertaining to zoning and shall be made in accordance with Section 11.11, Administrative Appeals Procedure, and the Villa Rica City Council Rules of Procedure. Recourse from the decision of the Villa Rica City Council shall be to the courts as provided by law.

(Ord. of 11-14-2023)

1)

VILLA RICA CITY COUNCIL ESTABLISHMENT AND PROCEDURES.

a)

Refer to O.C.G.A. § 45-12-200 et seq. and the City of Villa Rica City Council Rules of Procedure, as amended, for regulations and rules. The intent of this Section is not to establish the validity of the City Council, but to empower the City Council as the body of adjudication on appeals of the Zoning Ordinance, zoning processes, and/or decisions of the Community Development Director on matters of zoning appeal.

2)

DUTIES OF THE VILLA RICA CITY COUNCIL.

a)

For the purpose of this Ordinance the Council has the following specific responsibilities:

i)

Development Standards Variances.

(1)

The Villa Rica City Council shall approve or deny variances from all individual standards found within the Zoning Ordinance in accordance with the Georgia Planning Act (O.C.G.A. § 36-66-1 et seq.; O.C.G.A. § 36-67-1 et seq.; and O.C.G.A. § 36-67A-1 et seq.). Variances shall not be granted from standardized procedural or administrative policies found within the Zoning Ordinance. A variance may be approved only upon a determination in writing that:

(a)

The approval will not be injurious to the public health, safety, morals, and general welfare of the community;

(b)

The use and value of the area adjacent to the property included in the variance will not be affected in a substantially adverse manner; and

(c)

The strict application of the terms of the Zoning Ordinance will result in practical difficulties in the use of the property.

(2)

Variance procedures can be found in Chapter XI, Petitions, Permits, and Procedures and the Villa Rica City Council Rules of Procedure.

ii)

Appeals. The Villa Rica City Council shall hear and determine all appeals from any decision or action in the administration or enforcement of the Zoning Ordinance. The Villa Rica City Council shall hear and determine all appeals from the refusal to issue permits. The Council may decide appeals by reversing or affirming, wholly or in part, or by modifying such decision, action or refusal.

iii)

Special Exceptions. To grant, approve or deny all Special Exception permits as specified in each zoning district and under the procedures per Section 11.09, Special Exception Procedure, and the Villa Rica City Council Rules of Procedure.

iv)

Rezoning. To grant, approve or deny all petitions for rezoning as specified in each zoning district and under the procedures per Chapter XI: Petitions, Permits, and Procedures and the Villa Rica City Council Rules of Procedure.

v)

Annexation. Georgia's Zoning Procedures Act (ZPA), O.C.G.A. 36-66, defines a "zoning decision" as, among other things, "The adoption of an amendment to a zoning ordinance by a municipal local government which zones property to be annexed into the municipality." Thus, adopting any zoning on an annexed property is subject to the ZPA.

vi)

Comprehensive Plan Amendments. Amendments to the Comprehensive Plan can be initiated by the City Council as an annual update or for specific purposes, including the annexation of property into the city and modifications to the Future Development Map, under the procedures per Chapter XI: Petitions, Permits, and Procedures.

vii)

Zoning Text Amendments. City staff, the Planning Commission, and the City Council can initiate a text amendment in whole or in part of the Villa Rica Zoning Ordinance. Procedures are subject to the requirements outlined in Chapter XI: Petitions, Permits, and subject the requirements of Georgia's Zoning Procedures Act. O.C.G.A. 36-66, and are subject to the final approval of the City Council.

viii)

Final Plat. The City Council shall have the authority approve, approve with conditions, or deny a Final Plat that includes the dedication of public streets and infrastructure, and on matters associated with Written Commitments or the satisfaction of Conditions of Zoning adopted by the City Council.

3)

SUPPLEMENTARY CONDITIONS OF APPROVAL.

a)

In granting any appeal or variance, the Villa Rica City Council may prescribe appropriate conditions of approval in conformity with this Ordinance. Violation of the conditions, when made a part of the terms under which the appeal or variance is granted, shall be deemed a violation of this Ordinance and punishable under Chapter XII, Violations and Enforcement.

(Ord. of 11-14-2023)

1)

Applicability. Public hearings held by the City Council as required by this ordinance with regard to rezoning requests (amendments to the official zoning map), applications for conditional uses, applications for variances, and appeals of any administrative decision shall be called and conducted in accordance with the procedures of this section. The City Clerk shall print and make available for distribution to the general public the procedures for the conduct of public hearings as well as the standards to be applied by the Council in making zoning decisions.

2)

Presiding officer. The presiding officer shall preside over the public hearing. In the case of the City Council, the Mayor shall preside, or in the absence of the Mayor the Mayor Pro Tempore shall preside, or in the absence of both the Mayor and Mayor Pro Tempore another member of the City Council shall be designated to preside, over the public hearing.

3)

Opening of public hearing. The presiding officer shall indicate that a public hearing has been called on one or more applications made pursuant to this ordinance shall summarize the processes required by this article (or call on the Zoning Administrator to summarize), and shall open the public hearing. Thereupon, the presiding officer shall call the first case and the City Council shall consider each application on an individual basis in succession as printed on the published agenda or as otherwise approved by the City Council; provided, however, that the presiding officer may at his discretion call and consider more than one application simultaneously when more than one application involves the same piece of property, and/or when proceedings would be efficiently completed by combining separately required public hearings and discussing more than one scheduled matter as a single group of applications.

4)

Report of Zoning Administrator. Upon opening the public hearing, the presiding officer may recognize the Zoning Administrator, who may provide a summary of the application and present any recommendations or results of investigations. Any member of the City Council upon recognition by the presiding officer may ask questions of the Zoning Administrator or designee or other city or planning commission representative providing a report or recommendations. The Zoning Administrator may be represented at the public hearing by written report in lieu of oral testimony.

5)

Identification of speakers. Prior to speaking, each speaker (including applicant, agent of applicant, and all others) must identify himself and state his current address for the record. The presiding officer may require a speaker to complete an information card supplying such information, prior to testifying.

6)

Applicant and those in favor of the application. When an individual application comes up for hearing, the presiding officer may ask for a show of hands of those persons who wish to appear in support of the application. If it appears that the number of persons wishing to appear in support of the application is in excess of those who may reasonably be heard, the presiding officer may request that a spokesperson for the group be chosen to make presentations. Following the report of the Zoning Administrator or designee, or planning commission spokesperson, if any, the presiding officer shall recognize the applicant or his agent, spokesperson, or each of them, who shall present and explain the application, followed by any other persons wishing to speak in favor of the application. It shall be the duty of the applicant to carry the burden of proof that approval of the proposed application will promote the public health, safety, or general welfare. There shall be a minimum time period of ten minutes per application at the public hearing for the applicant and/or agent and anyone in favor of the application to present data, evidence, and opinions. The City Council shall not be obligated to provide the full ten-minute period to the proponents if they elect not to use that much time, nor shall there be an obligation to provide a minimum of ten minutes per application in the event that more than one application involving the same property is heard simultaneously. An applicant or agent may reserve any remaining unused time from the allotted time period for rebuttal. Upon the completion of testimony or remarks by the applicant and/or applicant's agent and those speaking in favor of the application, any member of the City Council upon recognition by the presiding officer may ask questions of the applicant or agent of the applicant, or both, or any person speaking in favor of the application.

7)

Questions and opposing public comments on the application. At the conclusion of the applicant's presentation and any testimony by others in favor of the application, the presiding officer shall call for public comments from those who wish to ask questions, make comments or oppose the application. The presiding officer may ask for a show of hands of those persons who wish to ask questions, make comments, and/or speak in opposition to the application. If it appears that the number of persons wishing to ask questions, make comments, and/or speak in opposition to the application is in excess of those who may reasonably be heard, the presiding officer may request that a spokesperson for the group be chosen to make presentations, ask questions, or speak in opposition. There shall be a minimum time period of ten minutes per application at the public hearing for the opponents to present data, evidence, and opinions and ask questions. The City Council shall not be obligated to provide the full ten minutes per application to the opponents if they elect not to use that much time, nor shall there be an obligation to provide a minimum of ten minutes per application in the event that more than one application involving the same property is heard simultaneously. Upon the completion of testimony or remarks by those asking questions and/or speaking in opposition to the application, any member of the City Council upon recognition by the presiding officer may ask questions of those speakers.

8)

Response to questions. Upon the completion of testimony or remarks by those asking questions and/or speaking in opposition to the application, the presiding officer may ask the Zoning Administrator, if present, to answer questions posed by speakers; answer such questions himself; recognize a member of the City Council to make remarks or answer questions in response to such questions; or defer questions to the applicant to be answered during rebuttal.

9)

Content of remarks. Each speaker shall speak only to the merits of the proposed application under consideration and shall address his remarks only to the City Council and not directly to the audience. Each speaker shall refrain from personal attacks on any other speaker or the discussion of facts or opinions irrelevant to the proposed application under consideration. The presiding officer may limit or refuse a speaker the right to continue, if the speaker, after first being cautioned, continues to violate this procedure.

10)

Applicant's rebuttal. Upon the conclusion of public testimony, if the ten minutes allotted to the applicant and those speaking in favor of the application has not been exhausted, the applicant or his agent, or both, shall be allowed the remaining time from the total ten minutes allotted to answer questions, rebut the testimony of speakers, and/or provide final comments and remarks. The time devoted to any such rebuttal shall be counted toward the total ten minutes allotted to the applicant if such a time limit is set by the presiding officer. Any member of the City Council upon recognition by the presiding officer may then ask questions of the applicant, his agent, or both.

11)

Equal time. In no event shall this section be interpreted to, and in no case shall the presiding officer allow or permit, an unequal amount of time to proponents and opponents with respect to testimony regarding an individual application.

12)

Close of hearing. After the foregoing procedures have been completed, the presiding officer will close the public hearing and indicate that the public hearing is closed. Upon the closing of the public hearing, the applicant or his agent and any member of the public shall no longer be permitted to address the City Council in any way, including hand waving or motions for attention; provided, however, that at any time considered appropriate the presiding officer may reopen the public hearing for a limited time and purpose.

13)

Decision. After the public hearing is closed, the City Council may either vote upon the application or may delay its vote to a subsequent meeting, subject to the limitations of this article, provided that notice of the time, date and location when such application will be further considered shall be announced at the meeting during which the public hearing is held. After hearing evidence, in making a decision, the City Council will apply the evidence to the criteria specified in this article for the application in question and other considerations and recommendations as may be considered appropriate. If the City Council determines from the evidence presented by the applicant has shown that the proposed application promotes the health, safety, and general welfare under applicable criteria, then the application shall be granted, subject to those reasonable conditions as may be imposed by the City Council on its own initiative or as recommended by the Zoning Administrator. Otherwise, such application shall be denied.

14)

Judicial review. Decisions by the City Council with regard to variances are final; provided, however, any person or persons, jointly or severally, aggrieved by any decision of the City Council with regard to a decision on a variance application under the terms of this section may take an appeal to or seek judicial review by the County Superior Court. Any person, persons or entities jointly or severally may appeal in accord with O.C.G.A. § 36-66-5.1(1). The City Clerk, on behalf of the Mayor and Council, shall have the authority to approve or issue any form or certificate necessary to perfect the petition for review of any lower judicatory bodies and shall have the authority to accept service of such petition on behalf of the lower judicatory board or agency. Any such certificate, form or service shall be delivered to Villa Rica City Hall during normal business hours.

(Ord. of 11-14-2023)