This Ordinance, including the Official Zoning Map of the City of Woodbine, may be amended from time to time by the City Council as herein provided. However, no amendment shall become effective unless it shall have been proposed by or reviewed by the Planning Commission. The Planning Commission shall have sixty (60) days within which to submit its report. The sixty (60) days' time limit shall begin at the first public hearing of the Planning Commission, after the amendment is sent to the Planning Commission for review. If the Planning Commission fails to submit a report within the sixty (60) day period, it shall be deemed to have approved the proposed amendment. However, the Planning Commission may consider an amendment beyond the sixty (60) day period, provided the applicant consents to such extension in writing.

Requests to amend the Zoning Ordinance shall be processed in accordance with the following requirements:

A.

Initiation Of Amendments. A proposed amendment to the Zoning Ordinance may be initiated by the Planning Commission, the City Council, or by application filed with the Zoning Administrator by the owner(s) of property.

B.

Application For Amendments.

1.

Application for amendment to the Ordinance, initiated by a party other than the City of Woodbine, shall be on a form approved by the City Council. Completed forms accompanied by a general layout plan and survey, if required, showing existing and proposed structures and uses, access drives, parking and loading areas, easements, utilities, signage, and any other supportive documentation required by the Planning Commission and/or City Council shall be filed with the Zoning Administrator at least thirty (30) days prior to the Planning Commission's scheduled meeting at which the application is to be heard. Any other communication purporting to be an application for amendment shall be regarded as mere notice of intention to seek an amendment.

2.

Complete Application. An application is complete when all of the items required by these regulations and on the application form are prepared and/or answered, and any applicable fee has been submitted to the Zoning Administrator.

a.

Incomplete applications will be returned to the applicant with a written description of the missing information, defects, or other problems. No further action will be taken to process an incomplete application.

b.

Appeal of a determination of incompleteness may be made to the Planning Commission.

3.

Fees. Application shall be accompanied by a fee as set forth in the Schedule of Fees. The Zoning Administrator shall issue a receipt for all fees received. Zoning fees shall be submitted to the City to cover the cost of advertising and other administrative expenses.

C.

Site Development Plan. Applications to rezone property, special use permit or conditional use permit for, Medium—High Density Residential, Central Business, Roadside Business, Light Industrial, General Industrial, Interchange Commercial, Mobile Home Park, Planned Development, shall be accompanied by a site development plan, prepared by an engineer, architect or surveyor at a scale of not less than 1" = 90', containing the following elements:

a.

Dimensions of the property involved in square feet or acres;

b.

Locations and dimensions of existing and/or proposed structures with the type of usage;

c.

Location of existing and proposed access drives with dimensions;

d.

Location of existing and proposed setbacks with dimensions;

e.

Location of existing and proposed easements with dimensions;

f.

Location of existing and proposed rights-of-way with dimensions;

g.

Marshland or wetland boundaries;

h.

Proposed and existing water, sewer and drainage facilities;

i.

Buffers;

j.

Off-street parking and loading areas, including dimensions and identification of the total number of spaces required and the total number of spaces proposed;

k.

Recreational areas with uses and dimensions;

l.

Watercourses and lakes;

m.

Proposed number of dwelling units and net acres available for building, in case of residential development; and

n.

Loading areas, signage, off-street parking and outdoor lighting, in case of commercial; industrial development; and

o.

If Planned Development, a written zoning text in accordance with Section 5.11E;

p.

Identification of existing and proposed zoning;

q.

Name, address, phone number, cell phone number, and e-mail address of record of landowner and architect/surveyor/engineer/planner/contractor;

r.

A final sequence of development schedule showing the order of construction and approximate completion date.

D.

Hearing By The Woodbine Planning Commission. The Woodbine Planning Commission, at a regular or scheduled meeting, shall review and prepare a report, including its recommendation, for transmittal to the Woodbine City Council for its consideration. The Woodbine Planning Commission shall have the right to adopt rules and regulations providing for [the] manner in which it will conduct its business including how notice of its meetings will be given to the public.

Following action by the Woodbine Planning Commission, all papers and data pertinent to the application shall be transmitted to the City Council for final action.

E.

Withdrawal. Upon withdrawal of an application after the Woodbine Planning Commission has taken formal action at a public hearing, an application shall not be initiated for an amendment affecting the same parcel or parcels of property, or any part thereof, by a property owner or owners for a period of six (6) months.

The Planning Commission shall make a written report of its investigation and recommendations, and this record shall be a public record. The Planning Commission is required to include in its investigation and recommendation, comments on the following:

A.

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

B.

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

C.

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

D.

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

E.

Whether the zoning proposal is in conformity with the policy and intent of the Comprehensive Land Use Plan.

F.

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.

G.

Such other matters as the Planning Commission deems relevant.

The City Council may, from time to time on its own motion or by recommendation of the Planning Commission, amend the regulations and districts herein after a public hearing has been held thereon.

A.

Conduct of Public Hearings by the City Council. The policy and procedures for calling and conducting hearings before the City Council is as follows:

1.

Zoning hearings shall be held during regular or scheduled meetings of the City Council, at a time and place provided in the published notice of the hearing.

2.

The proposed zoning action and the party initiating said proposal for zoning action shall be stated, and the Mayor shall read the published notice of the proposed zoning action to be considered by the City Council.

3.

A verbal staff report shall be made by City Staff, stating the recommendation of the Planning Commission and summarizing the written report submitted for the hearing, which written report shall include the general lines of inquiry of Section 9.3 of the Zoning Ordinance.

4.

Both persons favoring and persons opposing a proposed zoning action shall have an opportunity to address the City Council. The party proposing a zoning amendment shall be invited to speak first, followed by persons opposed to the proposed zoning amendment. Each speaker will be asked to identify himself or herself and state his/her current address. When all opposing statements have been heard, the party proposing a zoning amendment may be permitted to rebut those statements.

5.

Each speaker shall speak only to the merits of the proposed zoning amendment and shall address remarks only to the City Council. Each speaker shall refrain from personal attacks on any speaker or the discussion of facts or opinions irrelevant to the proposed zoning action. The Mayor may limit or refuse a speaker the right to continue if the speaker, after first being cautioned, continues to violate this requirement.

6.

The proponents and the opposition of any zoning action shall have a total of 30 minutes each to address the City Council regarding the zoning action. Upon request made to and approved by the City Council prior to speaking, any single individual for or against a zoning action may speak for up to 15 minutes. All other speakers shall be limited to no more than 5 minutes unless permitted additional time by the City Council. Any allowance of additional time shall not extend the overall 30-minute time limit for a particular side of the zoning action unless more overall time is granted by the City Council to permit a more complete discussion of the issue. Any rebuttal by proponents shall be allowed only within the overall time constraints set out herein. Nothing in this [subsection] shall be construed to limit the ability of the Mayor to maintain decorum in the conduct of a hearing in a fair and orderly manner.

7.

Because of time constraints in hearings, interested parties shall be encouraged to submit petitions, studies, letters, and other materials. Such materials, if presented orally at the hearing, shall be subject to the time limits provided above.

8.

The City Council shall have discretion to call on previous speakers as necessary for clarification of views expressed or the materials submitted. The City Council may call for such additional view, studies, or other information from any source as then considered necessary to making a sound decision on the proposed zoning action.

9.

The City Council shall have discretion to continue a hearing to a later date if the materials submitted or views expressed require more time for study and consideration than may reasonably be allocated in one meeting.

B.

Conduct of Public Hearings Before the Planning Commission. Before taking action on any proposed amendment, the Planning Commission shall hold a public hearing, conducted as follows, and printed copies of the following shall be available for distribution to the general public:

1.

Public hearings shall be held in conjunction with regular or scheduled meetings of the Planning Commission, at a time and place provided in the published notice of the hearing.

2.

The hearing shall be conducted by the Chairman or other hearing officer designated by the Planning Commission.

3.

Upon the convening of the hearing, the Chairman shall read the published notice of the proposed zoning amendments to be considered by the Planning Commission. Proposed zoning amendments then shall be considered in the order indicated by the published notice.

4.

The proposed zoning amendment and the party initiating said proposal for zoning amendment shall be stated by the Chairman, who shall then call for a staff report on the proposed amendment.

5.

No member of [the] Woodbine Planning Commission shall vote on a matter in which he has any pecuniary or special interest, and no staff member may represent an individual applicant or party.

6.

A verbal staff report shall be made, stating the recommendation of the Zoning Staff and summarizing the written report submitted for the hearing, which written report shall include the general lines of inquiry of Section 9.3 of the Zoning Ordinance.

7.

Both parties favoring and persons opposing a proposed zoning amendment shall have an opportunity to address the Planning Commission. The party proposing a zoning amendment shall be invited to speak first, followed by person favoring the proposed zoning amendment, and then by persons opposed to the proposed zoning amendment. The applicant may be represented by an agent or an attorney. Each speaker will be asked to identify himself or herself and state his/her address. When all opposing statements have been heard, the party proposing a zoning amendment may be permitted to rebut those statements.

8.

The Chairman may place reasonable limits on the number of persons who may speak for or against the proposal, on the time allowed for each speaker, and on the total time allowed for presentation of the proposed zoning amendment.

9.

Each speaker shall speak only to the merits of the proposed zoning amendment and shall address remarks only to the Planning Commission. Each speaker shall refrain from personal attacks on any other speaker or the discussion of facts or opinions irrelevant to the proposed zoning amendment. The Chairman may limit or refuse a speaker the right to continue if the speaker, after first being cautioned, continues to violate this requirement.

10.

Because of time constraints in hearings, interested parties shall be encouraged to submit petitions, studies, letters, and other materials requiring prior study in time to have them included in the final agenda for the hearing. The Planning Commission shall have discretion to accept such materials at the hearing if circumstances did not permit earlier submittal. Such materials, if presented orally at the hearing, shall be subject to the time limits provided herein.

11.

Upon conclusion of public comments, as determined by the Chairman, conduct of the meeting shall be returned to the presiding official of the Planning Commission. The Planning Commission shall have discretion to call on previous speakers as necessary for clarification of views expressed or the materials submitted.

12.

Nothing in this shall be construed to limit the ability of the Chairman to maintain decorum in the conduct of a hearing, in a fair and orderly manner.

13.

The Planning Commission shall have discretion to continue a hearing to a later date if the materials submitted or views expressed require more time for study and consideration than may reasonably be allocated in one meeting.

14.

The Planning Commission may call for such additional views, studies, or other information from any source as then considered necessary to making a sound decision on the proposed zoning amendment.

C.

Conduct of public hearings due to lack of quorum. In the event that the Planning Commission may not have enough members to form a quorum, the Planning Commission Chairman will have the discretion to defer the public hearing and subsequent decision to city council for the purposes of the matter being addressed in a timely manner.

(Ord. of 5-1-2023)

A.

If the rezoning decision is initiated by the City Council or the Planning Commission, interested parties shall be notified at least fifteen (15) days, but not more than forty-five (45) days, prior to the public hearing by placement of notice in the City's legal organ. Said notice shall contain the date, time, and place of the public hearing and a description of the proposed amendments together with a list or map of the properties that may be affected thereby.

B.

If an application is initiated by a party other than the City Council or the Planning Commission, the public shall be notified by posting on the subject property in conspicuous location a sign containing the date, time, and place of public hearing, the present zoning classification of the property, the proposed zoning classification and proposed use of the property. The property shall be posted at least fifteen (15) days prior to the date of the hearing.

C.

In addition, the public shall be notified at least fifteen (15) days, but not more than forty-five (45) days, prior to the public hearing by placement of notice in the City's legal organ. Said notice shall contain general location of the property, present zoning classification of the property, proposed zoning classification, the proposed use of the property and the date, time and place of public hearing.

D.

The City Clerk shall, in the case of a proposed amendment to the Official Zoning Maps, use his or her best efforts to mail notice of public hearing to all property owners of record within three hundred (300) feet of the property sought to be rezoned, as their names appear on the records of the Camden County Board of Tax Assessors.

E.

The applicant shall be informed in writing at least fifteen (15) days in advance of the date, time and place of the public hearing by the City Council.

F.

Paragraph (b) [B] shall only apply when the application or amendment is initiated by a person or organization other than the City Council or Planning Commission.

A.

Once an application for an amendment has been submitted and advertised, the applicant may withdraw the application or request a postponement of the hearing date once by submitting to the City Clerk in writing his request, at least seven (7) days prior to the date set for the public hearing.

B.

In the absence of request for continuance, the zoning item will be heard on the date scheduled unless the City Council takes action to defer the zoning item. The City may require the applicant to pay an administrative fee to cover the cost of placing one advertisement in the Tribune & Georgian advising the public that the continuance shall be rescheduled to the next succeeding regular or scheduled meeting date of the City Council or the date specified in a motion adopted by the City Council. If the applicant fails to appear on date set for the public hearing, the City Council may proceed to dispose of the zoning request or dismiss the application.

Property owners whose property is affected by a zoning decision will receive written notice thereof within seven (7) days after the decision is made by the City Council.

Upon action of denial by the City Council, an application shall not be initiated for an amendment affecting the same parcel or parcels of property, or any part thereof, by a property owner or owners for a period of one (1) year.

Following final action by the City Council, all necessary changes shall be made on the zoning map by the City Official in charge of the Zoning Maps. A written record of the type and date of such change shall be maintained by the City Clerk. Until such change is made, no action by the City Council on amendments to the Zoning Ordinance shall be official.

In adopting an amendment to the Zoning Map, the Planning Committee may recommend and the City Council may impose conditions which it deems necessary in order to make the requested rezoning acceptable and consistent with the purposes of the district(s) involved and the City's Comprehensive Plan.

A.

Such conditions may consist of, but are not limited to:

1.

Setback requirements from any lot line;

2.

Specified or prohibited locations for buildings, parking, loading or storage areas or other land uses;

3.

Restrictions as to what land uses or activities shall be permitted;

4.

Maximum building heights or other dimensions;

5.

Special drainage or erosion materials;

6.

Landscaping or planted areas which may include the location, type and maintenance of plan materials;

7.

Fences, walls, berms or other buffering provisions or protective measures;

8.

Preservation of existing trees or other vegetation;

9.

Measures to alleviate undesirable light, glare, noise, dust or odor;

10.

The length of time the rezoning shall remain valid or otherwise revert to the original zoning without the issuance of a Building Permit and the initiation of construction in accordance with the Sequence of Development Schedule; or

11.

Any other physical requirement the Planning Commission and/or the City Council may deem appropriate and necessary as a condition of rezoning.

B.

Such Conditions:

1.

Shall only be valid if they are included in the amendment as adopted.

2.

Shall be in effect for the period of time specified in the amendment, or for ten (10) years if no period of time is specified.

3.

Shall be required for the property owner as a condition of use of the property as rezoned for so long as the conditions are in effect.

No Building Permit shall be issued for any proposed construction that does not conform to the final, approved site plan submitted in support of the rezoning in accordance with Section 9.2C, Site Development Plan. Revision to a site plan approved as part of a rezoning must be reviewed by the Planning Commission and approved by the City Council prior to issuance of a Building Permit, provided, however, the City Administrator may approve minor changes to a site plan approved as part of a rezoning prior to the issuance of a Building permit. Minor changes would constitute slight alterations made necessary by actual field conditions at the time of development that do not alter the impact of the development on nearby properties, nor the intent or integrity of the site plan as approved as part of the rezoning.