§ 9.1. Amendments.
a.
Amendments and Rules of Procedure:
1.
Amendments. This ordinance, including the zoning map, may be amended by the Mayor and Councilmen on their own motion, on petition, or on recommendation of the Planning Commission, but no amendment shall become effective unless it shall have been proposed by or shall first have been submitted to the Port Wentworth Planning Commission for review and recommendation. The Planning Commission shall submit its report within thirty (30) days after receiving an amendment proposal from the Mayor and Councilmen for review, provided that such proposal was submitted to the Planning Commission at least five (5) days prior to a regularly scheduled meeting of the Planning Commission at which such amendment proposal is to be considered. If the Planning Commission fails to submit a report within such thirty-day period, it shall be deemed to have approved the requested amendment. Before enacting an amendment to this ordinance, the Mayor and Councilmen shall give public notice and hold a public hearing thereon as set forth in this article.
2.
Planning Commission Rules of Procedure.
a)
All persons who wish to address the Planning Commission at a hearing on the proposed zoning decision under consideration by the Planning Commission shall first sign up on a form to be provided by the City prior to the commencement of the Hearing.
b)
The Zoning Administrator will read the proposed zoning decision under consideration and the departmental reviews pertaining thereto prior to receiving public input on said proposed zoning decision. Proposed zoning decisions shall be called in the order in which they were filed.
c)
The Planning Commission Chairman shall then call on the applicant to speak on behalf of the submitted application. The Chairman will then call each person who has signed up to speak on the zoning decision before the Planning Commission in the order in which they have signed up to speak. Prior to speaking, the speaker will identify himself or herself and state his/her address. Only those persons who signed up to speak prior to the commencement of the hearing shall be entitled to speak, unless two-thirds ( 2/3 ) of the members of the Planning Commission present at the hearing allows the person to speak to the zoning decision, notwithstanding the failure of the person to sign up prior to the hearing.
d)
Each speaker shall be given ample time to address the Planning Commission concerning the zoning decision under consideration; however, the applicant and a single spokesman for the opposition shall be permitted a minimum of ten (10) minutes. The applicant will be given the opportunity to rebut any comments addressed by the public.
e)
Each speaker shall speak only to the merits/opposition of the proposed zoning decision under consideration and shall address all remarks to the members of the Planning Commission. Each speaker shall refrain from personal attacks on any other speaker or discussion of the facts or opinions irrelevant to the proposed zoning decision under consideration. The Chairman may limit or refuse a speaker the right to continue if, the speaker, after first being cautioned, continues to violate this subsection.
f)
Nothing contained herein shall be construed as prohibiting the Chairman from conducting the hearing in an orderly and decorous manner to assure that the public hearing on a proposed zoning decision is conducted in a fair and orderly manner.
g)
All public comments having been heard, that portion of the hearing will be closed and the Planning Commission members will discuss the proposed zoning decision among themselves.
h)
Upon a motion and a second, the Commission will recommend action to be taken on the request.
b.
Procedure for Amendment:
1.
Generally. Application for amendment of this ordinance may be in the form of proposals for amendments of the text of this ordinance or proposals for amendment to the zoning map. Such applications shall give the reasons for requesting change of the text and/or zoning map which would support the purposes of the zoning program. A property owner shall not file a rezoning petition for a map or text amendment affecting the same parcel more often than six (6) months from the date of denial of any rezoning request for the same property by the Mayor and Council. All previous applications for a text or map amendment affecting the same premises shall be listed.
2.
Signature of Applicant. All applications shall be signed and shall state the name and address of the applicant, who must be the owner of the property or the authorized agent or attorney for the owner of the property. If the applicant is the agent of the owner, then said agent shall file, simultaneously with said petition, a notarized letter, signed by the owner, authorizing said agent to file on his behalf. No application shall be accepted which fails to met these requirements.
3.
Application for Text Amendment. In the case of a text amendment, the application shall set forth the new text to be added and the existing text to be deleted.
4.
Application for Map Amendment. An application for a map amendment shall include the following information and a scaled map, plat, or sketch which shall be attached to each of the application forms required. Said map, plat, or sketch shall show the property referred to in the application and all adjoining lots or parcels of land which are also under the same ownership.
a)
A legal description of the land by lot, block, and subdivision designations, or if none, by metes and bounds.
b)
The property identification number from the tax records of Chatham County.
c)
The present zoning classification and the classification proposed for such land.
d)
The name and address of the owners of the land.
e)
The present and proposed land uses of the property petitioned for rezoning and all adjoining properties if under the same ownership.
f)
The names, addresses, and zip codes, at the date of filing of owners of property being rezoned and of property owners adjacent to and across any public right-of-way from the property being proposed for rezoning, including properties diagonally across an intersection.
5.
Posting of Property.
a)
Erection of Signs. At least fifteen (15) days prior to the scheduled date of the public hearing of an application for a map amendment, the applicant shall erect a sign, to be furnished by the Building Inspector, on the land proposed to be reclassified. Such sign shall be erected by the applicant within ten (10) days [feet] of whatever boundary line of such land abuts the most traveled public road; and, if no public road abuts thereon, then such sign shall be erected to face in such a manner as may be most readily seen by the public. The lower edge of the sign face shall be of sufficient height so as to be read from the roadway. The sign furnished by the Building Inspector shall show the present zoning classification, the proposed zoning classification, the scheduled date, time, and place of public hearing, and the telephone number to call for further information. If the land sought to be reclassified lies within more than one (1) block, as shown on a plat recorded in the land records of the County, additional signs shall be placed to give general area coverage.
c.
Hearing Procedure:
1.
Hearing Called. Before taking action on a proposed amendment, the Mayor and Councilmen shall hold a public hearing thereon. At least fifteen (15) days notice and not more than forty-five (45) days notice of the time and place of such hearing shall be published in a newspaper of general circulation within the City. Such notice shall state the application number and shall contain a summary of the proposed amendment, if a text amendment, and in the case of a map amendment, the location of the property, name of owner, and the proposed change or classification.
2.
Notice of Interested Parties. At least seven (7) days prior to the date of the public hearing a notice setting forth the date, time, and place for such public hearing shall be sent by mail to the applicant, the Planning Commission, and all owners of property located adjacent to or across a public right-of-way from the property being proposed for rezoning. The names and addresses of owners of such properties shall be provided by the applicant as set forth herein; provided, however, where a map amendment is initiated by the Planning Commission such names and addresses of owners of property located adjacent to or across a public right-of-way from property being proposed for rezoning shall be provided by the Planning Commission.
d.
Procedure for Conducting a Public Hearing:
1.
All persons who wish to address the City Council at a hearing on the proposed zoning decision 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 Zoning Administrator will read the proposed zoning decision under consideration and the departmental reviews pertaining thereto prior to receiving public input on said proposed zoning decision. Proposed zoning decisions shall be called in the order in which they were filed.
3.
The Mayor or his designee shall then call on the applicant to speak on behalf of the submitted application. The Mayor or designee will then call each person who has signed up to speak on the zoning decision before the City Council in the order in which they have signed up to speak. Prior to speaking, the speaker will identify himself or herself and state his/her address. Only those persons who signed up to speak prior to the commencement of the hearing shall be entitled to speak, unless the City Council in its discretion, allows the person to speak to the zoning decision, notwithstanding the failure of the person to sign up to the hearing.
4.
Each speaker shall be given ample time to address the City Council concerning the zoning decision under consideration; however, the applicant and a single spokesman for the opposition shall be permitted a minimum of ten (10) minutes. The applicant will be given the opportunity to rebut any comments addressed by the public.
5.
Each speaker shall speak only to the merits/opposition of the proposed zoning decision under consideration and shall address all remarks to the members of the City Council. Each speaker shall refrain from personal attacks on any other speaker or discussion of the facts or opinions irrelevant to the proposed zoning decision under consideration. The Mayor 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 from conducting the hearing in an orderly and decorous manner to assure that the public hearing on a proposed zoning decision is conducted in a fair and orderly manner.
e.
Standards and Criteria for Making Zoning Amendments: Prior to making a zoning amendment, the Mayor and Council shall evaluate the merits of a proposed amendment according to the following criteria:
1.
Whether the zoning proposal will permit a use that is suitable in view of the use and development of the adjacent and nearby property.
2.
Whether the zoning proposal will adversely affect the existing use or a suitability of adjacent or nearby property.
3.
Whether the property to be affected by the zoning proposal has a reasonable economic use as currently zoned.
4.
Whether the zoning proposal will result in a use which will or could cause an excessive burdensome use of existing streets, transportation facilities, or schools.
5.
If the local government has an adopted land use plan, whether the zoning proposal is in conformity with the policy and intent of the land use plan.
6.
Whether there are 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.
f.
Conditional Zoning:
1.
In deciding any application for an amendment to the zoning classification of a parcel of property or to the zoning map, the mayor and council may, on their own motion or upon the recommendation of the planning board or the zoning administrator, grant the application subject to such conditions as deemed necessary by mayor and council to promote and protect the health, safety, morality, and welfare of the city and to further the purposes of this ordinance. Such provisions shall be imposed for the benefit of the community to prevent or lessen any negative impact expected to result from the zoning reclassification or zoning map amendment.
2.
Conditions that may be adopted include, but are not limited to, conditions as to buffers, preservation of existing vegetation and tree cover, maximum density and/or number of lots, minimum lot size, setback restrictions, green space requirements, and property use restrictions. Such restrictions shall be binding upon the applicant and any successor in title.
3.
If the conditions under consideration by mayor and council are unacceptable to the applicant, the applicant may withdraw its application without prejudice to the filing of a new application seeking a different zoning classification.
4.
Map amendments and zoning classification amendments approved conditionally shall be reflected on the zoning map by a notation indicating that the property has been conditionally zoned.
(Ord. No. 05-08, § 4, 7-15-05; Ord. No. 13-09, § 1(a), 5-23-13)