The governing authority of the city may from time to time amend the boundaries of the districts established on the official zoning map and/or the regulations set forth in this division. Any proposed amendment shall first be submitted to the city planning commission for its recommendations, as outlined in section 38-552.

(Ord. of 5-2016(2), § 13.1)

(a)

Any persons desiring to submit a petition requesting a change in zoning or a conditional or special use permit, or an appeal from any final decision of the planning and zoning commission or variance hearing board related to any conditions concurrent or in conjunction with a rezoning, conditional or special use permit, variance or other administrative permit, shall file such petition, with a plat of the property attached thereto, together with a payment of the current fee to cover administrative and advertising costs with the city clerk. Variance applications shall be filed with the variance review board pursuant to division 14 and division 15. The costs are non-refundable.

(b)

The city clerk shall schedule a public hearing on behalf of the governing authority as set forth below, unless the petition requesting a change in zoning relates to an amendment of the zoning ordinance to revise one or more zoning classifications or definitions relating to single-family residential uses of property so as to authorize multifamily use of property pursuant to such classifications or definitions, or to grant blanket permission, under certain or all circumstances, for property owners to deviate from the existing zoning requirements of a single-family residential zoning, in which case the city clerk shall follow the additional procedures set forth under section 38-561 of this Code.

(c)

At least 15 but not more than 45 days before such public hearing, the city clerk shall advertise the date, time, place, and purpose of such hearing in a newspaper of general circulation of the city.

(d)

Upon the filing of a petition for a change in zoning, the applicant shall at his expense erect in a conspicuous place on the property in question a sign of not less than three square feet, which shall read as follows:

NOTICE TO THE PUBLIC

APPLICATION TO REZONE FROM (INSERT PRESENT ZONING) TO (INSERT PROPOSED ZONING). PUBLIC HEARING ON (DATE/TIME) AT (LOCATION).

(e)

The initial public hearing shall be held by the city planning and zoning commission. The planning and zoning commission shall make a recommendation to the governing authority within 30 days of the public hearing or the request shall be deemed to have been recommended for approval. After the planning and zoning commission makes a recommendation to the governing authority, the mayor and council shall then hold a public hearing on the proposed amendment at its next regularly scheduled meeting following receipt of the planning and zoning commission's recommendation, provided that public notice of the hearing is given at least 15 but not more than 45 days prior to the public hearing in the legal organ of the city stating the time, place, and purpose of the hearing. Following its public hearing, the mayor and council shall approve, approve with changes, disapprove, table the proposed petition or appeal, or send the amendment back to the planning and zoning commission for further consideration.

(f)

Any petition for a zoning amendment may be withdrawn prior to action thereon by the council at the discretion of the person, firm, or corporation initiating such a request upon written notice to the city clerk.

(g)

A property owner or his appointed agent shall not initiate action for a zoning amendment affecting the same parcel of land more often than once every six months.

(h)

Any person aggrieved by a final decision of the mayor and council on an application or petition made pursuant to this division may seek judicial review by filing a petition for review in the superior court of Athens-Clarke County or as otherwise provided by law. The city clerk shall have authority to accept service on behalf of the City of Winterville during normal business hours at the regular office the City of Winterville.

(Ord. No. 2024-0001, § 1, 3-12-2024)

Editor's note— Ord. No. 2024-0001, § 1, adopted March 12, 2024, repealed the former § 38-552, and enacted a new § 38-552 as set out herein. The former § 38-552 pertained to similar subject matter and derived from the Ord. of 5-2016(2), § 13.2.

(a)

An application to amend the text of this division may be initiated by the planning and zoning commission or be submitted to the planning and zoning commission by the mayor and council or by any person having an interest in the city. An application to amend the official zoning map or applications for conditional use permits may be initiated by the planning and zoning commission by the mayor and council.

(b)

Unless initiated by the mayor and council or the planning and zoning commission, all applications to amend the official zoning map or for a conditional use permit must be submitted by the owner of the affected property or the authorized agent of the owner. If submitted by an agent of the owner, such authorization shall be notarized and attached to the application.

(c)

An application for an amendment to the official zoning map or for a conditional use permit affecting the same property shall not be submitted more than once every 12 months, such interval to begin on the date of final decision by the mayor and council. The 12-month interval shall not apply to applications initiated by the mayor and council, except for amendments to the zoning map or conditional use permits which were defeated by the mayor and council, in which case the interval required for the subsequent application shall be at least six months.

(d)

An application to alter conditions of rezoning may be submitted at any time after the final decision of the mayor and council. The applicant must show a change in circumstances or additional information not available to the applicant at the time of the original decision by the mayor and council to impose the condition. Another application to alter the same condition shall not be submitted more than once every 12 months, such interval to begin on the date of the final decision by the mayor and council on said application to amend the condition.

(e)

An application for a variance may be submitted by the owner or agent a property according to the procedure set forth in division 14 of this article. The variance hearings board shall review the application for a variance and make recommendations to the mayor and city council for final decision.

(f)

An application may be withdrawn without prejudice at any time prior to or during the planning and zoning commission public hearing on the application. Withdrawal subsequent to that time shall mean such application may not be resubmitted for consideration for a period of 120 days, counting from the date of withdrawal to the date of a renewed application. Unless withdrawn at a hearing, the withdrawal must be in writing, signed and dated by the applicant, except that an application will be considered withdrawn if the applicant or his representative fails to appear at the planning and zoning commission or mayor and council public hearing scheduled to consider the application. By withdrawing in this manner, a new application may not be resubmitted for consideration for a period of 120 days from the date of withdrawal.

(Ord. of 5-2016(2), § 13.3; Ord. of 11-10-2020, § 13.3.5)

Each application required by this division, including, without limitations, to amend this division or the official zoning map or for a conditional use permit shall be filed with the city clerk. Applications shall be submitted in compliance with the following:

(1)

Text amendment applications shall include the following:

a.

Name and current address of the 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)

Official zoning map amendment applications shall include the following:

a.

A survey of the property prepared by a licensed surveyor showing existing and proposed structures and uses, access drives, easements, utilities, buffers, existing zoning, and any other supporting documentation as required by the planning and zoning commission to assist the planning and zoning commission and mayor and council in rendering a decision, including concept plans;

b.

A list of adjoining property owners as shown on the tax rolls;

c.

Any additional information the applicant believes to be pertinent;

d.

Additionally, the applicant, if other than the local government, must pay the required application fee, as determined by the mayor and council, to cover the administrative and advertising cost of the application and the posted sign and submit it a signed statement by the owner of at least 51 percent of the subject property authorizing the filing the application for zoning map amendment;

e.

Incomplete applications will not be processed.

(3)

Application for a conditional use permit shall include the following:

a.

Three copies of a written description of the proposal designed to inform the city, in detail, about all aspects of the proposed use and its anticipated impact on the community. The description should include, when pertinent, information on the hours of operation, number of employees, number of dwelling units, vehicle trip ends, noise, water usage, sanitary waste treatment and any other relevant concerns identified by the city or applicant.

b.

Three copies of surveyed plat signed by a registered surveyor.

c.

Three copies of preliminary building and site plans drawn to scale by a registered engineer, surveyor, or landscape architect showing the following information:

1.

Project name.

2.

Project owner.

3.

Date, scale, and north arrow.

4.

Vicinity map.

5.

Use of adjacent property.

6.

Exterior dimensions of the site.

7.

Total project acreage.

8.

Location, name and width of all existing or proposed streets.

9.

Location of all proposed structures.

10.

Location of all off-street parking and driveway serving the project.

11.

Proposed buffers and/or screening.

12.

Location, height, fixture type and wattage of site lighting.

13.

Dumpster locations.

14.

Rough floor plans, including gross floor area.

15.

Building height.

(Ord. of 5-2016(2), § 13.4)

(a)

Legal notice. Due notice of the public hearings pursuant to this division shall be published in the newspaper of general circulation within the city at least 15 days but not more than 45 days prior to the date of the scheduled public hearing of the planning and zoning commission and at least 15 days but not more than 45 days prior to the scheduled public hearings of the mayor and council. If an application is initiated by the mayor and council, the notice shall state the time, place and purpose of the public hearing. If an application for amendment to the official zoning map is initiated by anyone other than the mayor and council, then the notice shall also include the location of the property, the present zoning district of the property, and the proposed zoning district of the property. The cost of the advertisement shall be borne by the applicant.

(b)

Signs posted. If the application for amendment to the official zoning map is initiated by anyone other than the mayor and council, the city clerk shall cause to be posted, at least 15 days prior to the planning and zoning commission's public hearing, in a conspicuous place in the public right-of-way fronting the property or on the property for which an application has been submitted, a sign containing information as to the application and date, time and place of the public hearing before the planning and zoning commission and the public hearing before the mayor and council. The cost of the sign and posting shall be borne by the applicant.

(c)

Special notice and hearing rules for revising zoning classifications relating to single-family residential uses of property. The city clerk shall schedule a public hearing on behalf of the governing authority, unless the petition requesting a change in zoning relates to an amendment of the zoning ordinance to revise one or more zoning classifications or definitions relating to single-family residential uses of property so as to authorize multifamily use of property pursuant to such classifications or definitions, or to grant blanket permission, under certain or all circumstances, for property owners to deviate from the existing zoning requirements of a single-family residential zoning, in which case the city clerk shall follow the additional procedures set forth under section 38-561 of this Code. Provided, however, this subsection shall not apply to rezoning of property from a single-family residential use of property to a multi-family residential use of property when the rezoning is initiated by the owner of authorized agent of the owner of such property.

(Ord. of 5-2016(2), § 13.5; Ord. No. 2024-0001, § 2, 3-12-2024)

(a)

Hearing. The planning and zoning commission shall hold a public hearing on each application for an amendment pursuant to this division in accordance with a schedule adopted by the planning and zoning commission. As to each application, the planning and zoning commission shall make a recommendation to the mayor and council for approval, approval with conditions, or denial. A tie vote on any motion shall equal to denial. The planning and zoning commission may also table the application one time for the presentation of more information.

(1)

A written report of the planning and zoning commission's recommendation shall be submitted to the city clerk, or designee, and shall be a public record. The planning and zoning commission may also recommend amendments to the applicant's request which would reduce the land area for which the application is made, change the district requested and recommend conditions of rezoning which may be deemed advisable so that the purpose of this division will, if applicable, be served, and health, public safety and general welfare secured. If the planning and zoning commission determines that the subject property should be rezoned, but only to a less dense zoning classification than the classification requested by the applicant, the planning and zoning commission may recommend approval of rezoning to the less dense zoning classification. If, however, the planning and zoning commission fails to submit a recommendation within 40 days after its public hearing on the application, the planning and zoning commission's recommendation shall be deemed one for approval of the application.

(2)

At a public hearing, applications shall be called in the order determined by the city clerk. If requirements of this division have not been complied with, the application is out of order and will not be called at that hearing. It shall be tabled for one month. If the application is out of order at the next meeting, it shall be deemed withdrawn. The application shall have to wait six months from such date of withdrawal to reapply.

(b)

Conduct of hearing.

(1)

All persons who wish to address the planning and zoning commission at a hearing on an application under consideration by the planning and zoning commission shall first sign up on a form to be provided by the city prior to the commencement of the hearing. The chair will read the proposed application under consideration in the order determined by the city clerk. The city clerk, or designee, shall then present the application, along with the pertinent departmental reviews, if any, prior to receiving public input on the proposed application. The chair will then call each person who has signed up to speak on the amendment in the order in which the persons have signed up to speak, except the applicant who will always speak first. Prior to speaking, the speaker will identify himself and state his current address. Only those persons who signed up to speak prior to the commencement of the hearing shall be entitled to speak, unless a majority of the board, in its discretion, allows the person to speak to the amendment, notwithstanding the failure of the person to sign up prior to the hearing.

(2)

Each speaker shall be allowed three minutes to address the planning and zoning commission concerning the application then under consideration, unless the planning and zoning commission, by two-thirds vote of the members present, prior to or at the time of the reading of the proposed application, vote to allow additional time in which to address the commission. The speaker may initially use all of the time allotted to speak, or may speak and reserve a portion of the allotted time for rebuttal; provided, however, that the proponents and opponents of each application shall have not less than ten minutes per side for presentation of data, evidence, and opinions thereon. If a speaker represents a group or organization or other entity, he may speak for ten minutes provided no other person of said entity may speak.

(3)

Each speaker shall speak only to the merits of the proposed application under consideration and shall address his remarks only to the members of the planning and zoning commission. Each speaker shall refrain from personal attacks on any other speaker or the discussion of facts or opinions irrelevant to the proposed amendment under consideration. The chair may limit or refuse a speaker the right to continue, if the speaker, after first being cautioned, continues to violate this subsection.

(4)

Nothing contained herein shall be construed as prohibiting the chair from conducting the hearing in an orderly and decorous manner to ensure that the public hearing on a proposed application is conducted in a fair and orderly manner.

(5)

These procedures shall be available, in writing, at each hearing.

(Ord. of 5-2016(2), § 13.6; Ord. No. 2024-0001, § 3, 3-12-2024)

(a)

Hearing. Before taking action on a proposed application and after receipt of the planning and zoning commission recommendations, the mayor and council shall hold a public hearing on the proposed application made pursuant to this division. At the public hearing, the mayor and council shall review the application submitted by the initiating party, and the recommendation prepared by the planning and zoning commission. So that the purpose of this division will be served, health, public safety and general welfare secured, the mayor and council may approve or deny the application, reduce the land area for which the application is made, change the district or land use category requested, or add or delete conditions made a part of the application. The mayor and council shall have the power to impose a different zoning classification from the classification requested, and may impose zoning conditions which ameliorate the impact of the zoning on neighboring property owners, or serve other lawful purposed of this division. If the mayor and council determine that the subject property should be rezoned, but only to a less dense zoning classification than the classification requested by the applicant, the mayor and council may recommend approval of rezoning to the less dense zoning classification. An action by the mayor and council to defer the application shall include a statement of the date and time of the next meeting at which the application will be considered, which statement shall constitute public notice of the hearing on the application; and no further notice is required.

(b)

Conduct of hearing.

(1)

All persons who wish to address the mayor and council at a hearing concerning a proposed application under consideration by the mayor and council shall first sign up on a form to be provided by the city prior to the commencement of the hearing.

(2)

The city clerk or designee will read the proposed application under consideration prior to receiving public input on said proposed application. Proposed applications shall be called in the order determined by the city clerk. if all requirements of this division have not been compiled with, the application is out of order and will not be called at that meeting.

(3)

The chair shall call each person who has signed up to speak on the zoning decision in the order in which the persons have signed up to speak, except the applicant who will always speak first. Prior to speaking, the speaker will identify himself and state his current address. Only those persons who signed up to speak prior to the commencement of the hearing shall be entitled to speak, unless the mayor and council, in its discretion, allows the person to speak to the application, notwithstanding the failure of the person to sign up prior to the hearing.

(4)

Each speaker shall be allowed three minutes to address the mayor and council concerning the application then under consideration, unless the mayor and council, prior to or at the time of the reading of the proposed zoning decision, allows additional time in which to address the mayor and council. The applicant or his representative may initially use all of the time allotted to him to speak, or he may speak and reserve a portion of the allotted time for rebuttal; provided, however, that the proponents and opponents of each application shall have no less than ten minutes per side for presentation of data, evidence, and opinions thereon.

(5)

Each speaker shall speak only to the merits of the proposed application under consideration and shall address his remarks only to the mayor and council. Each speaker shall refrain from personal attacks on any other speaker or the discussion of facts or opinions irrelevant to the proposed zoning decision under consideration. The mayor and council may limit or refuse a speaker the right to continue, if the speaker, after first being cautioned, continues to violate this subsection.

(6)

Nothing contained herein shall be construed as prohibiting the mayor and council from conducting the hearing in an orderly and decorous manner to ensure that the public hearing on a proposed zoning decision is conducted in a fair and orderly manner.

(7)

These procedures shall be available, in writing, at all hearings.

(Ord. of 5-2016(2), § 13.7)

When evaluating an application for amendment to the zoning ordinance or a change of zoning classification or use, including rezoning, conditional use or special use permit, or variance (and any conditions concurrent or in conjunction with a rezoning, conditional or special use permit, variance), the planning and zoning commission and the mayor and council shall consider factors relevant in balancing the interest in promoting the public health, safety, morals, or general welfare against the right of the individual to the unrestricted use of property, and shall specifically consider the following criteria:

(1)

Whether the zoning proposal is in conformity with the policy and intent of the city comprehensive plan, the transportation plan, or any other duly adopted plans for the development of the city.

(2)

Whether there is reasonable evidence, based upon existing and anticipated land use, which could indicate a mistake was made in the original zoning of the property.

(3)

Whether the present zoning district boundaries are illogically drawn in relation to existing conditions in the area.

(4)

Whether the change will create an isolated district unrelated to the surrounding districts, such as "spot zoning."

(5)

Whether the need for rezoning could be handled instead by a variance request.

(6)

Whether the subject property is suitable for the existing zoned purpose.

(7)

Whether the subject property is suitable for the proposed zoning or use (location, size, lot configuration, topography, drainage, availability of public water supply and sewage system, or space and soil type to accommodate a safe water supply and an appropriately sized septic system, etc.).

(8)

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

(9)

The impact and suitability of the most intense possible future use that would be permitted on the subject property under the proposed change in zoning classification.

(10)

Whether the change requested is out of scale with the immediate neighborhood or the needs of the city as a whole.

(11)

Whether the zoning proposal will result in a use that could cause an excessive or burdensome use of or other adverse impact on existing streets, traffic patterns and congestion, transportation facilities, utilities, schools, police protection, fire protection, public health facilities or emergency medical services.

(12)

Whether there could be a significant threat for ecological, environmental, or pollution impact, including, but not limited to, air quality; ground and surface water supply and quality; significant destruction of habitat for wildlife, deterioration or destruction of significant or sensitive natural and environmental resources, habitat for endangered or threatened plants or animals, waste generation and disposal; waste water quality, sanitary sewage disposal capacity; toxic or hazardous materials; odors, noise, vibration, and other nuisances; diseases of public health importance, and any related concerns, resulting from the proposed use or from major modifications to the land if the request is granted.

(13)

Whether the requested change would have an adverse impact on significant natural, historic, or scenic resources.

(14)

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

(15)

To what extent the zoning proposal will adversely affect the property values of adjacent or nearby property.

(16)

Whether it is impossible to find adequate sites for the proposed use in districts permitting such use and already appropriately zoned.

(17)

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

(18)

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

(19)

Whether there are other existing or changing conditions affecting the use or development of the property which give supporting grounds for either approval or disapproval of the zoning proposal.

(20)

To what extent subject's property values will be diminished by the existing zoning restrictions.

(21)

To what extent the destruction of the subject's property value under the existing zoning will promote the health, safety, morals, or general welfare of the public.

(22)

The relative gain to the public as compared to the hardship imposed upon the individual property owner.

(Ord. of 5-2016(2), § 13.8; Ord. No. 2024-0001, § 4, 3-12-2024)

The following standards apply to the consideration of an application for a conditional use permit:

(1)

A proper application has been filed in accordance with the requirements of this division;

(2)

A recommendation has been received from the planning and zoning commission;

(3)

The applicant is in compliance with the particular conditions for the proposed conditional use that are required by this division;

(4)

The applicant is in compliance with conditions imposed by the mayor and council for the purpose of reducing the harmful effects of the use on surrounding uses and assuring compatibility with surrounding uses; and

(5)

The mayor and council determines that the benefits of and need for the proposed conditional use are greater than any possible depreciating effects and damages to the neighboring properties.

(Ord. of 5-2016(2), § 13.9)

Any person aggrieved by a final decision of the or mayor and council on an application or petition made pursuant to this division may seek judicial review by filing a petition for review in the superior court of Athens-Clarke County or as otherwise provided by law. The city clerk shall have authority to accept service on behalf of the City of Winterville during normal business hours at the regular office the City of Winterville.

(Ord. No. 2024-0001, § 5, 3-12-2024)

Editor's note— Ord. No. 2024-0001, § 5, adopted March 12, 2024, repealed the former § 38-560, and enacted a new § 38-560 as set out herein. The former § 38-560 pertained to similar subject matter and derived from the Ord. of 5-2016(2), § 13.10.

(a)

Notwithstanding any other provisions of this chapter to the contrary, when a proposed zoning decision relates to an amendment of the zoning ordinance to revise one or more zoning classifications or definitions relating to single-family residential uses of property so as to authorize multifamily uses of property pursuant to such classification or definitions, or to grant blanket permission, under certain or all circumstances, for property owners to deviate from the existing zoning requirements of a single-family residential zoning, such zoning decision must be adopted in the following manner:

(1)

The zoning decision shall be adopted at two regular meetings of the mayor and city council making the zoning decision, during a period of not less than 21 days apart; and

(2)

Prior to the first meeting provided for in subparagraph (1) of this paragraph, at least two public hearings shall be held on the proposed action. Such public hearings shall be held at least three months and not more than nine months prior to the date of final action on the zoning decision. Furthermore, at least one of the public hearings must be held between the hours of 5:00 P.M. and 8:00 P.M. The hearings required by this paragraph shall be in addition to any hearing required under subsection (a) of this Code section. The mayor and city council shall give notice of such hearing by:

a.

Posting notice on each affected premises in the manner prescribed by subsection (b) of this Code section; provided, however, that when more than 500 parcels are affected, in which case posting notice is required every 500 feet in the affected area; and

b.

Publishing in a newspaper of general circulation within the territorial boundaries of the local government a notice of each hearing at least 15 days and not more than 45 days prior to the date of the hearing.

Both the posted notice and the published notice shall include a prominent statement that the proposed zoning decision relates to or will authorize multifamily uses or give blanket permission to the property owner to deviate from the zoning requirements of a single-family residential zoning of property in classification previously relating to single-family residential uses. The published notice shall be at least nine column inches in size and shall not be located in the classified advertising section of the newspaper. The notice shall state that a copy of the proposed amendment is on file in the office of the clerk or the recording officer of the local government and in the office of the clerk of the superior court of the county of the legal situs of the local government for the purpose of examination and inspection by the public. The local government shall furnish anyone, upon written request, a copy of the proposed amendment, at no cost.

(b)

The provisions of paragraph (a) of this subsection shall also apply to any zoning decisions that provide for the abolition of all single-family residential zoning classifications within the territorial boundaries of a local government or zoning decisions that result in the rezoning of all property zoned for single-family residential uses within the territorial boundaries of a local government to multifamily residential uses of property. This subsection shall not apply to zoning decisions for the rezoning of property from a single-family residential use of property to a multifamily residential use of property when the rezoning is initiated by the owner or authorized agent of the owner of such property.

(Ord. No. 2024-0001, § 6, 3-12-2024)