§ 280-16. City council public hearing and decision.

(a)

Upon receipt of recommendations from staff, the mayor and city council shall hold a public hearing on proposed amendments.

(b)

When a proposed zoning map amendment relates to or will allow the location or relocation of a halfway house, drug rehabilitation center, or other facility for treatment of drug dependency, the mayor and city council public hearing must be held at least six months before and not more than nine months before the date of final action on the application.

(c)

The following policies and procedures shall govern the conduct of the public hearing held by the Mayor and City Council pursuant to this section. Printed copies of those policies and procedures shall be available for distribution to the general public:

(1)

The hearing shall be presided over by the Mayor. After calling the hearing to order, the mayor shall request that the parcels of property which are the subject of the zoning proposal be identified and read. Following such identification and reading, the Development Director's recommendation shall be presented. The Mayor and City Council shall cause the director's written recommendation to be made a part of the record.

(2)

Proponents of each proposed zoning decision shall then be allowed a total of ten minutes for presentation of data, evidence and opinion concerning the zoning decision. If all ten minutes are not used, the proponents' remaining time may be reserved for rebuttal. Opponents of each proposed zoning decision shall then be allowed a total of ten minutes for presentation of data, evidence and opinion concerning each zoning decision. The presentation times may not be reduced but may be extended by majority vote, provided they are expanded equally for proponents and opponents.

(d)

A meeting of the Mayor and City Council for the purposes of reviewing and making final decisions on amendments shall be conducted either no more than five days after the date of the public hearing, or at the next scheduled meeting of the mayor and city council.

(1)

At said meeting, the Mayor and City Council shall review the analysis and materials submitted by the initiating party, the recommendations of the Development Director, other matters of record and materials, data, evidence and opinion submitted, and the corresponding review standards and criteria set forth in Section 280-17 in making a final decision on each amendment.

(2)

The mayor and city council shall act by simple majority vote to approve the proposed amendment, approve the proposed amendment with conditions, deny, defer, or table the proposed amendment.

(3)

The Mayor and City Council may approve an amendment that includes approval of specific variances or waivers to the provisions of the UDO, provided such variances and waivers were noticed with the amendment and are specifically enumerated and approved in their action. Such variances shall be articulated as a part of the letter of intent and development plans. Variances and waivers shall be approved in accordance with the concurrent review process of Section 280-35.

(e)

If the zoning is for property to be annexed into the city then:

(1)

The Mayor and City Council shall complete the required procedures for such zonings, except for the final vote of the mayor and city council, prior to the adoption of the annexation zoning ordinance or resolution or the effective date of any local Act but no sooner than the date the notice of the proposed annexation is provided to the governing authority of the county as required under the O.C.G.A. § 36-36-6.

(2)

The public hearing required by Section 280-16 shall be conducted prior to the annexation of the subject property into the city.

(3)

In addition to any other notice requirements, the city shall cause to be published within a newspaper of general circulation within the territorial boundaries of the county wherein the property to be annexed is located, a notice of the hearing as required under the provisions of Subsection 280-15(a).

(f)

The zoning classification approved by the mayor and city council following the hearing required by this Subsection 280-16(c) shall become effective on the later of:

(1)

The date the zoning is approved by the mayor and city council;

(2)

The date that the annexation becomes effective pursuant to O.C.G.A. § 36-36-2; or

(3)

Where a county has interposed an objection pursuant to O.C.G.A. § 36-36-11, the date provided for in O.C.G.A. § 36-36-11(b)(8).

(Ord. No. 743 , 12-19-17)