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HomeMy WebLinkAboutORDINANCE 13 09 187STATE OF GEORGIA ORDINANCE 13-09-187 COUNTY OF FULTON RZ13-15 AN ORDINANCE TO AMEND CHAPTER 64 OF THE CITY OF MILTON ZONING ORDINANCE, ARTICLE XIV, REZONING AND OTHER AMENDMENT PROCEDURES, DIVISION 2. PUBLIC HEARING AND NOTICE REQUIREMENTS BE IT ORDAINED by the City Council of the City of Milton, GA while in a regularly called council meeting on September 16, 2013 at 6:00 p.m. as follows: SECTION 1. That the Ordinance relates to amending the public hearing and notice requirements in Article lV, Division 2, Public Hearing and Notice Requirements, and; SECTION 2. Is hereby adopted and approved; and is attached hereto as iffully set forth herein, and; SECTION 3. All ordinances, parts of ordinances, or regulations in conflict with the terms of this ordinance are hereby repealed. SECTION 4. That this Ordinance shall become effective upon its adoption. ORDAINED this the 161h day of September, 2013 Joe Loc Attest: Page 1 of 4 DIVISION 2. PUBLIC HEARING AND NOTICE REQUIREMENTS Sec. 64-2082. -Regulations. Sec. 64-2083. -Secretary. Secs. 64-2084-64-2102. -Reserved. Sec. 64-2082. Regulations. (a) Before adopting any change to the zoning maps or text of the zoning ordinance, the mayor and city council shall hold a public hearing following the community zoning information meeting (CZIM) and the public hearing by the planning commission where a recommendation was made on the petition. (b) Notice of the CZIM shall be given at least 10 days prior to the date of the CZIM and shall be published in a newspaper of general circulation. (c) Notice of the CZIM shall be given simultaneously at least 15 days but not more than 45 days prior to the date of the mayor and city council's public hearing and shall be published in a newspaper of general circulation. Renotification is not required when a petition is deferred by the mayor and city council. (d) The applicant or agent shall post a sign as issued by the community development department in a conspicuous location on each street frontage of the subject property at least 20 days prior to the planning commission hearing. It will be the applicant's responsibility to ensure the posting remains in a conspicuous location on site until a decision is rendered by the mayor and city council. (e) The sign shall be mounted and posted as specified by community development department. Property that is not posted on the 20th day before the scheduled first hearing date will be administratively removed from the agenda. (f) When the planning commission or the city council defers a petition , the applicant is required to post an updated sign with new hearing dates 20 days prior to the next scheduled hearing date. When a petition is deferred by the city council for less than 20 days, posting an updated sign is not required . (g) The department shall give notice by regular mail to all property owners or current residents within 500 feet of the boundaries of the subject property with a minimum of 75 owners who appear on the city tax records as retrieved by the city's geographic information system. The notices shall be mailed a minimum of 14 days prior to the community zoning information meeting (CZIM). Renotification by mail is required when a petition is recommended for deferral by the planning commission for any amount of time or is deferred by the mayor and city council. (h) The published and mailed notices shall contain the time, place, and purpose of the CZIM, planning commission and mayor and city council hearings, the location of the property, and the present and proposed zoning classifications or requested use permit. The posted sign shall include all of the items required in the published notice except the location of the property. Notice shall not be considered inadequate if the mail is not delivered. Page 2 of 4 City of Milton Rezoning/ Use Permit Flow Chart Start Pre-Application Meeting Public Hearing and Notice Requirements If Incomplete, Rejected / Public Participation Process Deny or Withdrawal Application Submittal Application Processing / CZIM Staff Report 1ST Public Participation Report Due 7 Business Days Prior to PC Planning Commission Updated Public Participation Report Due 7 Business Days Prior to MCC City Council Notice of Community Zoning Information Meeting (CZIM) Letters sent to nearby property owners Signs posted on the subject site Notice of Planning Commission and Milton City COlll1cil (MCC) Hearing Approve or Defer Min. 10 Days advance notice in newspaper Mailed min. 14 days prior to CZIM -500 feet with a minimum of 75 parcels Must be posted on the site at least 20 days prior to first hearing Min. 15 days but no more than 45 days notice in newspaper prior to MCC Hearing Page 3 of 4 Sec. 64-2083. Secretary. The director or his or her appointee shall serve as secretary to the planning commission. The secretary shall keep minutes of proceedings, showing the vote of each member upon each question, or if absent or failing to vote, indicating such fact; and shall keep records of evidence, examinations and official actions, all of which shall be filed and shall be a public record . Secs. 64-2084-64-2102. Reserved. Page 4 of 4