§ 8.0. Official Action.

Consideration of any proposed zoning decision properly initiated and subsequent to the public hearing shall be as follows:

8.1

The planning staff of the City of Chatsworth shall make a report of its investigation of the proposed zoning decision to the Planning Commission commenting on the advisability of adopting any proposed zoning amendment. The report of the planning staff shall be in writing addressed to the Planning Commission. Further, the planning staff's report shall provide an evaluation of each of the standards set forth in Section 7.1 (or Section 7.3, as applicable) and describe how the planning staff's advice is considered to be consistent with the exercise of zoning power set forth in Section 7.2. A summary of the proceedings of the public hearing shall accompany the Planning Commission's written recommendation to the Mayor and Council.

8.2

Upon conclusion of the public hearing, the Planning Commission may approve, disapprove, or table the proposed zoning decision. The Planning Commission may recommend and/or the Mayor and Council may amend an application prior to acting thereon: 1) to reduce the size of the area affected by the amendment; 2) to change the requested zone district to a less intensive or lower density district than the requested zone; 3) to specify conditions that are deemed relevant to the public interest regarding site plans, ingress/egress, buffers, and infrastructure related to drainage, utilities, traffic, and other matters. The foregoing powers are not in limitation of any other zoning powers accorded the City of Chatsworth under the laws of the State of Georgia. If the Planning Commission fails to recommend action on the zoning decision in writing within forty-five (45) days of the close of the public hearing and the applicant does not agree in writing to an extension of the time limit, the applicant may take the proposed zoning decision to the Mayor and Council without a Planning Commission recommendation.

If consideration of the proposed zoning amendment is tabled, it shall be reconsidered by the Planning Commission not later than its next regular monthly meeting. In any event, the Commission shall have forty-five (45) days from the date of the close of the public hearing before the Planning Commission to review and submit its written recommendation to the Mayor and Council of Chatsworth. Once an application for a zoning decision has been filed and the Planning Commission holds the public hearing, the Planning Commission shall make a recommendation on the proposed zoning decision and the Mayor and Council shall take a final action, regardless of whether or not the applicant withdraws his/her/its application for the proposed amendment.

8.3

The authority of the Planning Commission and planning staff in any zoning decision shall be advisory only. Any zoning decision shall be made by the Mayor and Council of the City of Chatsworth, who shall either approve or disapprove the proposed zoning amendment. Any approval of a proposed zoning decision may be subject to any and all lawful conditions determined by the governing authority that are attached to the ordinance approving the proposed zoning decision.

8.4

If the Mayor and Council of the City of Chatsworth shall take official action defeating a proposed zoning amendment which seeks to rezone property or approve a conditional (special) use, the same property may not be considered again for rezoning or conditional (special) use until the expiration of twelve (12) months from the date of the official action of the Mayor and Council.

( Ord. of 10-09 )