§ 304. Zoning ordinance and map amendment procedure.

The city zoning ordinance, including the zoning map, may be amended from time to time by the mayor and city council, but no amendment shall become effective unless it shall have been first submitted to the planning and zoning board for review and recommendation.

(a)

City planner review. Upon receipt of an application for amendment of the city zoning ordinance or zoning map, the designated city planner shall review the application and prepare a written analysis of the application, which shall be provided to the planning and zoning board as well as the city council. In the absence of a designated city planner, the application shall proceed directly to planning and zoning board review.

(b)

Planning and zoning board review.

(1)

All applications for zoning text or map amendments shall be submitted to the planning and zoning board for review. Such review shall be conducted based upon the standards for land use approval set forth in section 305 of this article. The planning and zoning board shall meet with the applicant and consider the application at its next regularly scheduled meeting. Such meeting shall include a public hearing and the planning and zoning board shall take comment from the applicant and the public with regard to the application. Following the public input and comment, the planning and zoning board shall, upon appropriate motion, vote to recommend approval or denial of the application. It may make such recommendations as it deems appropriate in the best interests of the city, including the specification of certain conditions to its approval of any proposed zoning action.

(2)

The planning and zoning board shall make a written report of its recommendation to the city council and mayor with respect to its findings. Such written report shall be a part of the permanent record of the application and shall be reported at any meeting of the city council which considers the application. Upon motion, the planning and zoning board may defer any application which it deems to be incomplete. An application may be deferred on only one occasion. An applicant may withdraw his application at any time until a final recommendation on the application is issued by the planning and zoning board.

(3)

Failure to act.

a.

Failure by the planning and zoning board to act upon any application shall not cause delay of process unless such failure is due to incomplete data or information in an application. Should the planning and zoning board fail to act upon any complete application, it shall pass to the city council with a notation thereon that the planning and zoning board has reviewed but failed to act upon the application.

b.

If the planning and zoning board fails to submit a report within thirty (30) days of its first meeting after it has received an amendment request complete in all respects, it shall be deemed to have recommended approval of the proposed amendment. However, the planning and zoning board and the applicant for an amendment may jointly agree to a postpone action for a thirty-day period.

(4)

The city council shall hear the application at its next meeting which complies with the Zoning Procedures Act of the State of Georgia.

(5)

Provisions for application withdrawal shall be as established in section 310.

(c)

City council and mayor.

(1)

Public hearing procedures. Before the mayor and city council shall approve any amendment to the city's zoning ordinance, they shall hold a public hearing thereon, except for amendments to section 311, for which no public hearing shall be required.

a.

The notice of such hearing shall be published at least fifteen (15) but not more than forty-five (45) days prior to the hearing on the proposed action, such publication to be in the legal organ for DeKalb County, Georgia. The notice shall state the time, place, and purpose of the hearing.

b.

Said public hearing may be continued to the next regular city council meeting date and for additional consecutive regular meeting dates, or such other date as directed by the mayor, without further legal notice as good planning requirements dictate and the mayor and city council deem necessary, provided that the date on the sign advertising the hearing be changed to reflect the continued hearing date.

c.

If the requested zoning action is for the rezoning of property and is initiated by a party (applicant) other than the city, then:

(i)

City staff shall erect on the subject property, not less than fifteen (15) days prior to the hearing, a sign giving the date, place and time of the city council public hearing; the applicant shall be responsible for ensuring that such sign stays where placed and in legible condition.

(ii)

The notice to the legal organ as required above shall include the location of the property, the present zoning classification of the property, and the proposed zoning classification for the property.

(2)

Final action.

a.

The city council and mayor shall approve, approve with conditions, or deny the request. Such final zoning action may occur at the time of the public hearing or at the next regularly scheduled city council meeting.

b.

The city council shall not be bound by, but shall consider the recommendations of the planning and zoning board in its deliberations on the application.

(Ord. No. 375, § 3(Attach.), 10-1-13)