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Article 18 — Applications and Procedures, Chapter 18-8 — TEXT AMENDMENTS

current as of 2025-12-16verified current · checked 2026-08-24Officialofficial source ↗9 sections · full chapter

§ 18-8-1

Applicability

This Ordinance may be amended from time to time in whole or in part by the Governing Body under the provisions of this Section.

§ 18-8-2

Initiation

A text amendment may be initiated by the Governing Body or by the Director or other City departmental director.

§ 18-8-3

Application Requirements

A pre-application meeting with the Director is required prior to filing a text amendment.

Applications for text amendments shall require submittal of the following:

(a)Application form. A completed original application. All applications shall be submitted to the Community and Economic Development Department on the Department’s application forms, including signed and notarized signature of property owner.

(b)Letter of intent. A written narrative describing the purpose of the request and addressing how the proposed application meets the criteria to consider for text amendments as specified in Section 18-8-5.

(c)Disclosure. A statement of disclosure complying with O.C.G.A. 36-67-1, “Conflict of Interest in Zoning Actions,” if not incorporated into the required application form.

(d)Representation. A written and signed notification from the owner authorizing an agent to represent the owner in the application process. Authorization shall be on a City supplied form.

In cases where an applicant is proposing a text amendment to modify an existing zoning district or create a new zoning district, and where the applicant also desires to rezone property to the modified or new zoning district, the two applications shall not be considered concurrently.

§ 18-8-4

Notice of Public Hearings

Before the Governing Body may take final action on a proposed text amendment it shall hold a public hearing on the proposal. At least 15 days but not more than 45 days prior to the public hearing, notice shall be published in a newspaper of general circulation within the city. The published notice shall be prepared by the Community and Economic Development Department and shall include the nature of the proposed text amendment, and the date, time and place of the public hearing.

§ 18-8-5

Criteria to Consider for Text Amendments

The Governing Body shall consider the following standards for text amendments, giving due weight or priority to those standards that are appropriate to the circumstances of each proposal:

(a)The extent to which the proposed text amendment is consistent with the purpose and intent of this Unified Land Development Code.

(b)The extent to which the proposed text amendment is compatible with the purpose and intent of the Comprehensive Plan.

(c)Whether the proposed text amendment adequately addresses new or changing conditions in the city.

(d)Whether the proposed text amendment is needed to properly implement the Comprehensive Plan.

(e)The extent to which the proposed text amendment promotes the public health, safety, morality or general welfare of the city.

§ 18-8-6

Action by Governing Body

The Governing Body shall hold a public hearing on the text amendment. In rendering a decision on any such text amendment, the Governing Body shall consider all information supplied by the Director and information gained at its own public hearing. The Governing Body shall either approve or deny the application, or it may modify the text amendment language as proposed or recommended and approve the text amendment as modified.

§ 18-8-7

Withdrawal of Application

Any application for a text amendment may be withdrawn at any time at the discretion of the person or entity initiating such a request upon notice to the Director, up until the public hearing is closed.

§ 18-8-8

Effect

(a)Approval of a text amendment shall be in full force and effect upon its approval or upon the stated effective date and shall apply to every property for which a use has not been established or for which a building permit or development permit may subsequently be requested.

(b)For a property on which a use, building, structure or other improvements existed in conformity with this ULDC prior to the effective date of a text amendment affecting the property, any such use, building, structure or other improvements no longer in conformance shall be governed under the provisions for nonconformities in Article

10.Construction of any use, building, structure, or other improvements for which a building permit has been issued in conformity with this ULDC prior to the effective date of a text amendment may continue to completion as though no change had occurred and, upon completion, shall be governed under the provisions for nonconformities in Article 10, as applicable.

§ 18-8-9

Waiting Period for Reapplication

There shall be no waiting period for reapplication of text amendments.