§ 2.2.3. Process for zoning changes.Before the Governing Body may take final action on a proposed zoning change, the Planning Commission shall hold a public hearing on the proposal.

a.

Public notice.

(1)

Notification to the general public.

(a)

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 county. The Planning Department shall prepare such notice, which shall state the time, place and purpose of the hearing.

(b)

A zoning change initiated by a party other than the Governing Body or the Planning Commission shall be heard at a public hearing only upon:

1)

The published notice, in addition to the requirements above, shall include the location of the property, the present zoning classification of the property, and the proposed zoning classification of the property or the special use requested; and

2)

At least 15 days prior to the public hearing, the Planning Department shall post a sign or signs of not less than 6 square feet stating "Zoning Action Pending. For further information please contact the Rome-Floyd County Planning Department at (phone number) or (e-mail address)." One such sign shall be placed in a conspicuous location along each street frontage of the property for which the zoning change has been requested. If the property has no street frontage, the sign shall be placed on each street from which access will be gained to the property.

(2)

Notice to surrounding property owners. All adjacent property owners are to be notified of any proposed zoning change without regard for who the applicant is for a zoning change.

(a)

Notice shall be given to all surrounding property owners as follows: At least five days prior to the Planning Commission public hearing, the Planning Department shall cause a notice to be mailed to all persons owning property located adjacent to or across the street from the property that is the subject matter of the zoning change.

(b)

The notice shall state the time, place and purpose of the hearings. The written notice shall be mailed to the property owners as such names and addresses appear on the County's ad valorem tax records.

b.

Planning commission public hearing. The public hearing shall be conducted in the following manner:

(1)

The Chairperson, the Vice Chairperson, or the Planning Commission's designee, who shall act as the Presiding Official, shall convene the public hearing at the scheduled time and place.

(2)

The Presiding Official shall call for each proposed zoning change to be presented to the Planning Commission.

(3)

No person in attendance shall speak unless first formally recognized by the Presiding Official. Upon rising to speak each person recognized shall state his or her name and home address. The Presiding Official may place reasonable limits on the number of persons who may speak for or against a proposal, on the time allowed for each speaker, and on the total time allowed from presentation of the proposed zoning change. No less than ten minutes shall be provided for all of those speaking in support of a zoning change and no less than ten minutes shall be provided for all of those speaking against, unless such proponents or opponents take less time than the minimum allowed. If reasonable time limitations permit, any member of the public may speak at a hearing. However, the applicant and nearby property owners shall be afforded the first opportunity to speak. Each side shall be afforded an equal minimum time period for presentation of data, evidence, and opinion.

(4)

The applicant shall be allowed to speak first in order to present the application. Others in support of the application may then speak, followed by those in opposition to the application. The applicant will then be allowed time for rebuttal provided they have not used all their allotted time during the presentation. Rebuttal must be limited to points or issues raised by opponents to the application at the hearing.

(5)

During the public hearing, the Planning Commission members may ask questions at any time. Time devoted to questions and answers will not be counted against any time limitations that have been imposed on presentations.

(6)

Following the public hearing on each zoning change, the Planning Commission at that time shall make its recommendation or take such other action as may be appropriate.

(a)

A motion to recommend approval that receives an affirmative vote from a majority of the voting members present will be forwarded to the Governing Body as a recommendation for approval. A motion to recommend approval that receives a negative vote from a majority of the voting members present will be forwarded as a recommendation for denial.

(b)

A motion to recommend denial that receives an affirmative vote from a majority of the voting members present will be forwarded to the Governing Body as a recommendation for denial. A motion to recommend denial that receives a negative vote from a majority of the voting members present will be forwarded as a recommendation for approval.

(c)

A tie vote on a motion will be forwarded to the Governing Body as no recommendation with the actual vote transmitted.

(d)

If no action is taken on an application, it will go forward to the Governing Body with no recommendation.

(e)

A motion to postpone that receives an affirmative vote from a majority of the voting members present will result in action on the zoning change being deferred for a period of time as specified by the members of the Planning Commission. However, where the governing body has initiated a zoning change, the Planning Commission shall act on the zoning change by the date specified by the governing body. At the discretion of the chair, a postponed zoning change request may be considered at a specially called meeting.

c.

Governing Body public hearing.

(1)

The Governing Body shall conduct a public hearing to consider an application for a zoning change within its jurisdiction. Said public hearing shall be held no later than the second regular meeting of the Governing Body following the public hearing of the Planning Commission. At a regular meeting prior to its public hearing, the Governing Body shall have a first reading of any proposed rezoning or Special Use ordinance.

(2)

The Chairperson of the Governing Body or another person designated by the Governing Body shall act as Presiding Official.

(3)

The Presiding Official shall call for each proposed zoning change to be presented to the Governing Body. As each application for a zoning change is called for consideration, the Presiding Official shall have the recommendation of the Planning Department read and shall present such other documentation as may be deemed pertinent.

(4)

No person in attendance shall speak unless first formally recognized by the Presiding Official. Upon rising to speak each person recognized shall state his or her name and home address. The Presiding Official may place reasonable limits on the number of persons who may speak for or against a proposal, on the time allowed for each speaker, and on the total time allowed for presentation of the proposed zoning change. No less than ten minutes shall be provided for all those speaking in support of a zoning change and no less than ten minutes shall be provided for all of those speaking against, unless such proponents or opponents take less time than the minimum allowed. If reasonable time limitations permit, any member of the public may speak at a hearing. However, the applicant and nearby property owners shall be afforded the first opportunity to speak. Each side shall be afforded and equal minimum time period for presentation of data, evidence, and opinion.

(5)

The applicant shall be allowed to speak first in order to present the application. Others in support of the application may then speak, followed by those in opposition. The applicant will then be allowed time for rebuttal provided they have not used all their allotted time during the presentation. Rebuttal must be limited to points raised by opponents to the application at the hearing.

(6)

During the public hearing, the members of the Governing Body may ask questions at any time. Time devoted to questions and answers will not be counted against any time limitations that have been imposed on presentations.

(7)

Following the public hearing on the zoning change (or upon second reading), action shall be considered by vote of the Governing Body.

(a)

A motion to approve or deny an application must be approved by an affirmative vote of at least a quorum of the members in order for the motion to be approved.

(b)

If a motion to approve an application fails, the application is automatically denied. If a motion to deny an application fails, another motion would be in order.

(c)

A tie vote on a motion for approval of an application shall be deemed a denial of the application. A tie vote on any other motion shall be deemed to be no action, and another motion would be in order.

(d)

If no action is taken on an application, it shall be considered tabled and action deferred to the next regular meeting of the Governing Body.

(8)

In taking action on an application, the Governing Body may:

(a)

Either approve, approve with conditions, or deny the proposal; or,

(b)

Allow withdrawal if so requested by the applicant (with or without imposing a six-month period during which another zoning change on the property may not be considered); or,

(c)

Table the proposal for consideration at its next scheduled meeting; or,

(d)

Refer the application back to the Planning Commission for further consideration.

d.

Referral to Planning Commission for further consideration. If the Governing Body refers an application back to the Planning Commission for further study:

(1)

The Planning Department shall give public notice of the Planning Commission's hearing for further consideration in the same manner as described above, and the Planning Commission shall conduct its additional public hearing and take action as described above.

(2)

After the Planning Commission's rehearing and recommendation on the referred application, the Governing Body shall follow the same procedures set forth above to consider the application.

e.

Rezoning of areas to be annexed into the city. An area proposed for annexation into the city shall first be considered for rezoning prior to its annexation. Consideration of the rezoning shall be subject to the same procedures, standards, and requirements for any zoning change as contained in this section, except as modified below:

(1)

If the property to be annexed is to continue to have the same zoning district classification for which the property was zoned immediately prior to annexation, the City requires no further action and the existing zoning on the property shall continue in full force and effect.

(2)

If the property to be annexed is proposed or requested to be rezoned, upon or following the date of notice to the County of the proposed annexation as required under O.C.G.A. § 36-36-6, the City Commission shall initiate the rezoning of the property to be annexed or consider an application for a zoning change submitted by or on behalf of the owner of such property under the provisions of this Section.

(3)

The Planning Commission and the Governing Body shall conduct their public hearings on the zoning change prior to the annexation of the land into the City. Notice of such hearing shall be provided under the provisions of this Section, provided further that the notice shall be published in a newspaper of general circulation in the County.

(4)

Following its public hearing on a zoning change for a property proposed to be annexed, the governing body may take action on the zoning change or it may table such action pending action on the proposed annexation. In any event, the zoning change shall become effective on the later of:

(a)

The date the zoning is approved by the governing body; or,

(b)

The date that the annexation becomes effective under O.C.G.A. § 36-36-2.

(5)

Disputes between the City and County concerning annexation shall be resolved in accordance with O.C.G.A. § 36-26-110 et seq.