The purpose of this section is to provide the procedures and general standards for review of applications that are submitted to review bodies with the City of Acworth under this zoning chapter.

(Ord. No. 2024-03, § 1, 2-1-2024)

(a)

The requirements of this section shall apply to all applications unless otherwise provided in this zoning chapter.

(b)

Concept plan illustrating proposed improvements, facilities, structures, amenities, lots, and applicable dimensions to demonstrate compliance with zoning regulations.

(c)

Conceptual landscape plan to show proposed landscaping along project boundaries, in buffer areas, in the streetscape zone, and landscape as a component of any amenity requirements, at a minimum.

(d)

Area calculations and description of proposed amenities articulated on concept and/or landscape plan.

(e)

Typical elevations that articulate the following:

(1)

General architectural style.

(2)

Proposed materials, colors, and other details to demonstrate compliance with any minimum design requirements.

(3)

Architectural elements proposed to meet any minimum design elements.

(Ord. No. 2024-03, § 1, 2-1-2024)

Before submitting an application for a petition that requires a public hearing before a review body, the applicant shall schedule a pre-application conference to discuss procedures, standards, and regulations required for approval in accordance with this zoning chapter. The pre-application meeting may be in person or via conference call. A pre-application meeting may be waived. City initiated petitions are exempt from the pre-application meeting requirement.

(Ord. No. 2024-03, § 1, 2-1-2024)

(a)

Applications required under this zoning chapter shall be submitted on standardized forms approved by the City of Acworth. All applications shall be filed and completed as specified on the application form.

(b)

All fees associated with a review must be paid in full before any application will be processed or reviewed.

(1)

Filing fees are established and reviewed periodically to defray the cost of processing the application. Fees shall be adopted by the mayor and board.

(2)

An applicant who has paid the appropriate fee pursuant to the submission of an application, but who chooses to withdraw such application prior to Public Notice advertising will be entitled to a refund of the total amount paid, less ten percent for administrative costs, upon written request. Once advertising has been sent, no refunds are available.

(3)

City-initiated petitions are exempt from pre-application meeting requirements.

(Ord. No. 2024-03, § 1, 2-1-2024)

(a)

Completeness Determination. Applications will be submitted and checked for completeness. An application is determined to be complete if all required information and documents have been prepared in accordance with the specific application requirements outlined in this section and noted in the application materials.

(b)

Complete Application. Once an application has been deemed to be complete, the application shall be transmitted to the appropriate reviewing body for review and recommendation. The applicant shall be notified the that the application is complete. If an application requires a public hearing, the application shall be placed on the next available agenda of the appropriate reviewing body.

(c)

Effect of Incomplete Application. Incomplete applications will not be accepted for review. If an application is determined incomplete, the applicant shall be notified of the additional information that is required to process and review the application.

(Ord. No. 2024-03, § 1, 2-1-2024)

Applications shall be submitted in accordance with the published calendar schedule. Schedules indicating submittal dates shall be developed each year and made available to the public, upon request.

(Ord. No. 2024-03, § 1, 2-1-2024)

Related applications may be filed and reviewed simultaneously. Applications submitted simultaneously are subject to individual approval. Any application that is contingent upon the approval of another application shall not be eligible for final approval until the contingent application is approved.

(Ord. No. 2024-03, § 1, 2-1-2024)

(a)

Withdrawals.

(1)

The applicant may withdraw an application in writing at any time prior to the final decision by the appropriate reviewing body on said application.

(2)

If a request to withdraw an application is made in a public hearing, the applicant may do so by stating the request on the record.

(b)

Deferrals at Applicant Request (Postponement to a Certain Time). The applicant may request a deferral to a future scheduled meeting by requesting the deferral in writing in advance of the meeting or by stating the request on the record at the meeting. In either case, the applicable review or governing body shall vote in a properly advertised meeting to postpone to a certain time. If the date and time of the meeting are not indicated at the time of the originally scheduled public hearing, the application shall be readvertised pursuant to the Public Notice requirements.

(c)

Deferrals by Reviewing or Governing Body (Postponement to a Certain Time).

(1)

mayor and board of aldermen. The mayor and board of aldermen shall have the authority to postpone to a certain time the review of an application scheduled for public hearings to any future date chosen by the governing body.

(2)

Planning and Zoning Commission. The Planning and Zoning Commission shall issue a recommendation to approve or deny an application or petition within 45 days after the close of the public meeting or comment period. Failure of the Planning and Zoning Commission to act within the 45-day period shall constitute a recommendation that the application be forwarded to mayor and board of aldermen for final decision.

(Ord. No. 2024-03, § 1, 2-1-2024)

All meetings or hearings of the mayor and board of aldermen or Planning and Zoning Commission which involve annexation, rezonings, zoning map amendments, zoning text amendments, special use permits, and variances are public and subject to the notification requirements under the State Zoning Procedures Law, O.C.G.A 36-66-1 et seq., where applicable.

(Ord. No. 2024-03, § 1, 2-1-2024)

(a)

Forms of notice required for public hearings may include mailed notice, published notice, provided via a newspaper of general circulation, and posted notice by signs as required by Table 73-260 below.

(Ord. No. 2024-03, § 1, 2-1-2024)

All mailed, posted, and published notices shall include, at a minimum, the information listed below. For Text Amendments, subsections 73-261(2), (3) below shall not be required, as such amendments are not property specific. In the adoption of this zoning chapter, any amendment to this chapter by the mayor board of aldermen, and any amendments to any zoning map initiated by the mayor and board of aldermen, posted notice shall not be required, notwithstanding any other provision of this chapter.

(1)

Public Hearing Location, Time, and Date. The location, time, date, and purpose of all scheduled public hearings for the application shall be required.

(2)

Location of the Subject Property. The location of the property involved by street address, or if there is no street address, by the reference to the closest intersection of public streets.

(3)

Zoning Classifications. The information provided shall include the zoning district(s) of the property subject to the application. If the application is for a rezoning (map amendment), the proposed zoning district(s) shall also be provided.

(Ord. No. 2024-03, § 1, 2-1-2024)

(a)

When required, as shown on Table 11.2.2, public notice shall be published in accordance with the standards established in O.C.G.A 36-66-1 et seq., and this zoning chapter.

(b)

The application shall be prepared, and notice shall be published in the local newspaper of general circulation within the boundaries of the City of Acworth.

(c)

Timing of the Published Notice for Public Hearings. For all applications that require published notice, notice shall be published at least 30 days but not more than 45 days prior to the public hearing.

(Ord. No. 2024-03, § 1, 2-1-2024)

(a)

Posting of Notice. Posting of property shall comply with the requirements listed below.

(1)

Responsibility for Posting. Signs shall be posted by the applicant, except applications initiated by the mayor and board shall be exempt from this requirement.

(2)

Form of Required Signs. Notice shall be posted on weather resistant signs.

(3)

Preparation of Signs. Signs shall be prepared.

(b)

Timing of Posted Notice. For any application requiring posted notice, signs shall be posted not less than 30, but no more than 45 days before the public hearing.

(c)

Location of Signs.

(1)

Subject Property. Signs shall be placed in a conspicuous place on the subject property.

(2)

Installation. Signs shall not be posted onto any tree.

(d)

Removal. The applicant shall remove the sign within 30 days after final action on the application.

(Ord. No. 2024-03, § 1, 2-1-2024)

When any of the following actions are proposed, reference the Georgia Zoning Procedures Law, O.C.G.A. 36-66-1 et seq., for additional notice requirements.

(1)

City-initiated rezoning and/or text amendment to revise a zoning classification related to single-family residential uses of property so as to authorize multifamily uses of property pursuant to such classification or definitions, or to grant blanket permission, under certain or all circumstances, for property owners to deviate from the existing zoning requirements of a single-family residential zoning; or,

(2)

Halfway house, drug rehabilitation center, or other facility for the treatment of drug dependency; or,

(3)

Annexations.

(Ord. No. 2024-03, § 1, 2-1-2024)

This section shall apply to any proposed development that meets or exceeds the minimum threshold established for specified uses or activities as identified by the Rules of the Georgia Department of Community Affairs, §110-12-3 ("Developments of Regional Impact"), as amended. The Development Department shall serve as the submitting agency on behalf of the applicant.

(Ord. No. 2024-03, § 1, 2-1-2024)

See the Rules of Georgia Department of Community Affairs, §110-12-3 ("Developments of Regional Impact") for DRI thresholds to determine applicability.

(Ord. No. 2024-03, § 1, 2-1-2024)

An application for a Comprehensive Plan amendment, text, or map, may be initiated by the mayor and board of aldermen, or city manager. Any person owning property within the city, or agent for such property owner, may initiate an application for a Comprehensive map amendment to change the Future Land Use Map category for their own property only. Updates to the text or Future Land Use Map of the Comprehensive Plan shall occur every five years based on O.C.G.A. § 110-12-1.

(Ord. No. 2024-03, § 1, 2-1-2024)

The provisions of this section apply to amendments of the official Zoning Map of the City of Acworth.

(Ord. No. 2024-03, § 1, 2-1-2024)

(a)

An application for rezoning may be initiated for any property within the City of Acworth by any of the following:

(1)

The mayor and board of aldermen.

(2)

The city manager.

(3)

Any person, or agent for such person, who seeks to rezone their own property.

(b)

For rezoning applications filed by other than those initiated by the City of Acworth governing body or staff, where properties are held in ownership by multiple persons or entities, it shall be the responsibility of the applicant to ensure they have obtained proper consent to the rezoning from all persons or entities with an ownership stake in the rezoning.

(c)

If the applicant is the agent of the owner, the agent shall file authorization that the agent may file on their behalf. No application shall be accepted which does not meet these requirements.

(Ord. No. 2024-03, § 1, 2-1-2024)

(a)

Prior to the submittal of an application for rezoning, the applicant shall have participated in the pre-application meeting.

(b)

Applications shall, at minimum, include the following information:

(1)

Application Form.

(2)

Property Owner Authorization.

(3)

Contribution Disclosure Forms.

(4)

Site Survey.

(5)

Site Plan, showing the proposed concept for redevelopment of the property, if applicable.

(6)

Existing Site Resources Map, showing changes in elevation, topographical conditions, and existing structures upon the tract.

(7)

Traffic Study for any project with an estimated ADT of 1,000 or more trips as estimated by the area dedicated to each land use.

(8)

Letter of Intent, which outlines the details of the request, the reason for requesting an amendment to the zoning map, and addresses the criteria in Section 73-11.5.7 Review Standards for Rezoning Application.

(c)

Supplemental or alternative materials may be required during the review process.

(Ord. No. 2024-03, § 1, 2-1-2024)

Public notice shall be provided in accordance with procedures in Section 73-259 Public Notices.

(Ord. No. 2024-03, § 1, 2-1-2024)

(a)

Consideration by Planning and Zoning Commission. All rezoning applications shall be considered by the Planning and Zoning Commission at a public meeting prior to a public hearing before the mayor and board of aldermen. The public meeting before the Planning and Zoning Commission is not a public hearing and does not require compliance with Public Notice provisions in Section 73-259.

(b)

Standards and Criteria. The Planning and Zoning Commission shall review and make recommendation on the proposed rezoning based upon the standards in Section 73-274 Review Standards for Rezoning Applications.

(c)

Planning and Zoning Commission Recommendation. A recommendation shall be prepared and forwarded to the mayor and board. The recommendation shall indicate if the proposed rezoning should be:

(1)

Approved;

(2)

Approved with conditions;

(3)

Approved with an alternative zoning district that is lesser intensity than that which was advertised; or

(4)

Denied.

(Ord. No. 2024-03, § 1, 2-1-2024)

Upon receipt of the recommendations from the reviewing bodies, the application shall be forward to the mayor and board of aldermen for final action.

(1)

Public Hearing. The mayor and board shall hold a minimum of one public hearing to consider the proposed rezoning after receiving a recommendation from the applicable review body.

(2)

Standards. The mayor and board of aldermen shall evaluate the proposed rezoning based upon the standards in Section 73-274 Review Standards for Rezoning Applications.

(3)

Actions by the mayor and board of aldermen. Following the public hearing, the mayor and board of aldermen shall take one of the following actions:

a.

Approve;

b.

Approve with Conditions;

c.

Approve with Alternative Zoning District;

d.

Deny;

e.

Any other action within the scope of the mayor and board's authority as outlined elsewhere in this chapter, the Acworth Municipal Charter, or State Law.

(Ord. No. 2024-03, § 1, 2-1-2024)

The following are the standards which govern the exercise of zoning power by the City:

(1)

Suitability and Community Need.

a.

Whether the range of uses permitted by the proposed zoning district is more suitable than the range of uses that is permitted by the current zoning district.

b.

Whether the proposed zoning district addresses a specific need in the County or City.

(2)

Compatibility.

a.

Whether the zoning proposal will adversely affect the existing use or usability of adjacent or nearby property;

b.

Whether the zoning proposal is compatible with the present zoning pattern and conforming uses of nearby property and the character of the surrounding area.

c.

Whether there are other 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.

(3)

Consistency. Whether the zoning proposal is in conformity with the policy and intent of the Comprehensive Plan and other adopted plans, such as a redevelopment plan or small area plan.

(4)

Reasonable Use. Whether the property to be affected by the zoning proposal has a reasonable use as currently zoned.

(5)

Adequate Public Services. Whether adequate school, public safety and emergency facilities, road, ingress and egress, parks, wastewater treatment, water supply and stormwater drainage facilities are available for the uses and densities that are permitted in the proposed zoning district.

(Ord. No. 2024-03, § 1, 2-1-2024)

When a rezoning request is accompanied by an annexation request, the following criteria shall be considered when reviewing the annexation request:

(1)

Compliance with applicable sections of O.C.G.A 36-36 for lawful Annexation of Territory and 489 Agreement, as adopted and amended over time;

(2)

Adequacy of access to the site;

(3)

Consistency of the proposal with the city's adopted Comprehensive Plan, including but not limited to goals and policies for urbanization, housing, cultural, historic and natural resources, infrastructure, and provision of public infrastructure and community services;

(4)

Adequacy and availability of the following public facilities and services at the time of development;

a.

Transportation. The urbanization of the site can be accommodated with existing transportation infrastructure in conjunction with proposed improvements.

b.

Sewer. The urbanization of the site can be accommodated based on current sewer capacity.

c.

Water. The urbanization of the site can be accommodated based on current water capacity.

d.

Stormwater. The urbanization of the site can be accommodated based on current stormwater capacity.

e.

Police, Fire, and Emergency Services. Police, fire, and emergency services can adequately serve the site;

f.

Parks. The urbanization of the site can be accommodated based on current parks resources.

g.

Schools. The urbanization of the site is analyzed for school capacity in a school forecast approved by the Cobb County School District.

(5)

The annexation is in the best interest of the city. Generally, the mayor and board may consider the annexation is in the best interest of the city if it meets two or more of the following criteria:

a.

It provides a needed solution for existing problems resulting from insufficient sanitation, water service, public safety, code enforcement, or other urban service-related problems;

b.

It provides land for development to meet urban needs including jobs and/or housing in an orderly and logical growth pattern;

c.

It fills in gaps in existing islands or other types of non-contiguous boundaries;

d.

It provides needed routes for utility and transportation networks.

(Ord. No. 2024-03, § 1, 2-1-2024)

If the mayor and board deny an application for the rezoning of property, a successive application shall not be submitted to rezone on any part or all of such property for a period of six months from the date of the vote by the mayor and board.

(Ord. No. 2024-03, § 1, 2-1-2024)

(a)

One purpose of a rezoning initiated by the City of Acworth may be to rezone areas in conformance with the principles of Comprehensive Plan and staged development as reflected by established plans and policies, as well as planned public facilities.

(b)

Notwithstanding any other provision in this chapter to the contrary, any rezoning initiated by the City of Acworth shall not be required to be considered by the Planning and Zoning Commission unless specifically requested by the mayor and board of aldermen.

(c)

The same review criteria shall apply to rezonings initiated by the City of Acworth as to all other rezonings as set forth in Section 73-274 Review Standards for Rezoning Applications.

(Ord. No. 2024-03, § 1, 2-1-2024)

The provisions of this section shall apply to all amendments of the text of this chapter. This section does not pertain to amendments of conditions of zoning approval tied to any specific property. Revisions made through this process affects to the City of Acworth at large.

(Ord. No. 2024-03, § 1, 2-1-2024)

(a)

An application for a text amendment may be initiated by the following:

(1)

The mayor and board of aldermen; or

(2)

The city manager.

(b)

Because these amendments affect the City of Acworth at large, proof of ownership of a specific property is not applicable.

(Ord. No. 2024-03, § 1, 2-1-2024)

(a)

Applications shall include the following information:

(1)

Section of the code to amend;

(2)

New text to be added, or text to be removed; and

(3)

Reasons for the text amendment.

(Ord. No. 2024-03, § 1, 2-1-2024)

Published Notice shall be required before the first public meeting prior to a public hearing before the mayor and board. The public meeting before the Planning and Zoning Commission is not a public hearing and does not require compliance with Public Notice provisions in Section 73-259.

(Ord. No. 2024-03, § 1, 2-1-2024)

(a)

Consideration by Review Body. Text amendment applications shall be considered by the Planning and Zoning Commission at a public meeting prior to the scheduled hearing before the mayor and board.

(b)

Standards and Criteria. The appropriate review body shall review and make recommendation on the proposed text amendment based upon the standards in Section 73-285 Review Standards for Text Amendment.

(c)

Review Body Recommendation. A recommendation shall be prepared and forwarded to the mayor and board. The recommendation shall indicate if the proposed rezoning should be:

(1)

Approved as recommended by the recommendation body;

(2)

Approved with modifications; or

(3)

Denied.

(Ord. No. 2024-03, § 1, 2-1-2024)

After consideration of the review standards set forth in Section 73-285 Review Standards for Text Amendment, the mayor and board of aldermen shall:

(1)

Approve and adopt the proposed text amendment as submitted by staff;

(2)

Approve and adopt the proposed text amendment as recommended by the applicable review authority;

(3)

Approve and adopt the proposed text amendment with modifications;

(4)

Return the proposed text amendment to the review authority for further study and recommendation; or

(5)

Deny the proposed text amendment.

(Ord. No. 2024-03, § 1, 2-1-2024)

When any of the following actions are proposed, reference the Georgia Zoning Procedures Law, O.C.G.A. § 36-66-1 et seq., for additional hearing requirements:

(1)

City-initiated rezoning and/or text amendment to revise a zoning classification related to single-family residential uses of property so as to authorize multifamily uses of property pursuant to such classification or definitions, or to grant blanket permission, under certain or all circumstances, for property owners to deviate from the existing zoning requirements of a single-family residential zoning;

(2)

Halfway house, drug rehabilitation center, or other facility for the treatment of drug dependency; or

(3)

Annexations.

(Ord. No. 2024-03, § 1, 2-1-2024)

When reviewing an application for a text amendment, all of the criteria listed below shall be considered.

(1)

Consistency. The extent to which the proposed text amendment is consistent with the remainder of the zoning chapter, including any purpose and intent statements.

(2)

New or Changing Circumstances. The extent to which the proposed text amendment represents a new idea not considered in the existing zoning chapter or represents a revision necessitated by changing circumstances over time.

(3)

Error or Inappropriate Standard. Whether or not the proposed text amendment corrects an error in the zoning chapter, or otherwise improves upon existing requirements or standards.

(4)

Compliance with Higher Law. Whether or not the proposed text amendment revises the zoning chapter to comply with state or federal statutes.

(Ord. No. 2024-03, § 1, 2-1-2024)

All applications for a special use permit approval shall comply with the requirements of this section.

(Ord. No. 2024-03, § 1, 2-1-2024)

(a)

Special Uses within each zoning district are uses that would not be appropriate generally or without restriction but which, if controlled as to number, area, location or relation to other uses, may be appropriate in a particular zoning district.

(b)

A Special Use permit shall be required for all special uses (identified with an "S" designation) as set forth in the permitted use table in section 73-44 Use Table or as part of a use condition.

(c)

Specific use standards may be applicable to the approved special use.

(d)

Any use or activity on the property not specifically permitted by article IV Use Standards, or the special use permit, as modified, shall be deemed unlawful and subject to article X Violations, Penalties, and Enforcements.

(Ord. No. 2024-03, § 1, 2-1-2024)

(a)

Consideration by Planning and Zoning Commission. An application for a special use permit shall be considered by the Planning and Zoning Commission at a public meeting, prior to a public hearing by the mayor and board of aldermen. The public meeting before the Planning and Zoning Commission is not a public hearing and does not require compliance with Public Notice provisions in Section 73-259.

(b)

Criteria. The Planning and Zoning Commission shall evaluate the proposed special use permit based upon the standards in Section 73-291 Review Standards for Special Use Permit.

(c)

Planning and Zoning Commission Recommendation. A recommendation shall be prepared and forwarded to the mayor and board after consideration of the review criteria required by Section 73-291. The recommendation which shall indicate if the Special Use Permit should be:

(1)

Approved as submitted by the applicant;

(2)

Approved as recommended by the recommending body

(3)

Approved with modifications and/or conditions; or

(4)

Denied.

(Ord. No. 2024-03, § 1, 2-1-2024)

Upon receipt of the recommendations from the reviewing bodies, the application and recommendation(s) shall be forward to the mayor and board for final action.

(1)

Public Hearing.

a.

The mayor and board shall hold a minimum of one hearing to consider the proposed special use permit after receiving the Planning and Zoning Commission recommendation.

(2)

Standards. The mayor and board of aldermen shall evaluate the proposed special use permit based on the standards in Section 73-291, Review Standards for Special Use Permit.

(3)

Actions by the mayor and board of aldermen. After consideration of the review criteria required by Section 73-291, the mayor and board of aldermen shall make one of the following decisions:

a.

Approve Special Use Permit as submitted by the applicant;

b.

Approve Special Use Permit as recommended by the Planning and Zoning Commission;

c.

Approve Special Use Permit with modifications and/or conditions; or

d.

Deny the Special Use Permit.

(Ord. No. 2024-03, § 1, 2-1-2024)

(a)

When any of the following actions are proposed, reference the Georgia Zoning Procedures Law, O.C.G.A. § 36-66-1 et seq., for additional hearing requirements:

(1)

City-initiated rezoning and/or text amendment to revise a zoning classification related to single-family residential uses of property so as to authorize multifamily uses of property pursuant to such classification or definitions, or to grant blanket permission, under certain or all circumstances, for property owners to deviate from the existing zoning requirements of a single-family residential zoning;

(2)

Halfway house, drug rehabilitation center, or other facility for the treatment of drug dependency; or

(3)

Annexations.

(Ord. No. 2024-03, § 1, 2-1-2024)

When reviewing an application for a Special use permit, all of the criteria listed below shall be considered.

(a)

Compatibility.

(1)

Whether the subject property is adequate in shape and size to accommodate the special use;

(2)

Whether adequate public facilities are available to serve the proposed use, including, but not limited to: water; sanitary sewer; stormwater drainage facilities; public safety and emergency facilities; roadway capacity; vehicular ingress and egress; or, that the applicant will provide adequately for such services and for placement in an appropriate location.

(3)

Whether specific use standards for the special use, if any, as provided in article VII Use Types and Supplemental Regulations, can be achieved;

(4)

Whether the special use will result in the destruction, loss, or damage of any feature determined by the review authority to be of natural, cultural, scenic or historic importance.

(b)

Consistency.

(1)

Whether the special use is consistent with the intent, goals, strategies, policies, guiding principles and programs of the Comprehensive Plan and other adopted plans;

(2)

Whether the special use is detrimental to the public interest, health, safety, welfare, function, and appearance of the adjacent uses or general vicinity by reason of any one or more of the following: the number, area, location, height, orientation, intensity (such as traffic, noise, odor, hours of operation), or relation to the neighborhood or adjacent uses.

(Ord. No. 2024-03, § 1, 2-1-2024)

If the mayor and board of aldermen deny an application for a special use permit, a successive application shall not be submitted for the same property for a period of six months from the date of the decision by the mayor and board of aldermen.

(Ord. No. 2024-03, § 1, 2-1-2024)

Certain requirements of this zoning chapter that will not be contrary to the public interest may be varied by the applicable review authority, where, owing to special conditions, a literal enforcement of such requirements will, in an individual case, result in practical difficulty or unnecessary hardship.

(Ord. No. 2024-03, § 1, 2-1-2024)

(a)

Certain requirements may be achieved through alternative compliance. Where alternative compliance is possible, it is specified elsewhere in this zoning chapter.

(b)

Certain requirements shall not be variable. Such requirements are specified in this section and may be specified elsewhere in this zoning chapter. Any application for a variance that is not permitted by this zoning chapter shall not be processed.

(c)

Pre-application conference required before a variance application is submitted.

(Ord. No. 2024-03, § 1, 2-1-2024)

Once the application has been determined complete, the application shall be scheduled for a public hearing, as applicable and public notice will be provided in accordance with Section 73-259 Public Notices. Mailed notice shall be sent to the applicant and the owner of the affected site (if different).

(Ord. No. 2024-03, § 1, 2-1-2024)

The applicant seeking the variance shall have the burden of presenting evidence sufficient to allow an informed decision to be made as regards the request.

(Ord. No. 2024-03, § 1, 2-1-2024)

(a)

The Planning and Zoning Commission shall hold a public meeting on the proposed variance and has the authority to recommend that the petition be approved, approved with conditions or denied.

(b)

The mayor and board of aldermen shall hold a public hearing on the proposed variance and has the authority to take final action the variance petition.

(c)

In granting any variance, the mayor and board of aldermen may prescribe reasonable and appropriate conditions and safeguards.

(Ord. No. 2024-03, § 1, 2-1-2024)

(a)

No variance shall be granted that would allow a use not permitted by this zoning chapter or not permitted in the zoning district in which the property affected by the variance is located.

(b)

No variance shall be granted to permit a lot area that is less than the minimum lot area permitted by the zoning district in which the property affected by the variance is located.

(c)

No variance shall be granted to permit a height greater than the maximum height established by the zoning district in which the property affected by the variance is located.

(d)

No variance shall be granted to any condition of approval that has been set upon a property by another review process.

(Ord. No. 2024-03, § 1, 2-1-2024)

Planning and Zoning Commission, and mayor and board of aldermen shall consider and find in the affirmative that all the criteria below is met in determining whether a variance shall be approved.

(1)

General Consistency. The variance shall be consistent with the intent of this zoning chapter and the Comprehensive Plan and shall not be injurious to the neighborhood or otherwise detrimental to the public health, safety, or welfare.

(2)

Special Conditions.

a.

Special conditions and/or circumstances exist which are peculiar to the land, buildings or structures involved and which are not applicable to other lands, buildings or structures in the same zoning district.

b.

The special conditions and/or circumstances do not result from the actions of the applicant.

c.

The special conditions and/or circumstances are not purely financial in nature so as to allow the applicant to use the land, buildings or structures involved more profitably or to save money.

(3)

Literal Interpretation. Literal interpretation of the provisions of the regulations would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of the Ordinance and would result in unnecessary and undue hardship on the applicant.

(4)

Minimum Variance. The variance, if granted, is the minimum variance necessary to make possible the reasonable use of land, buildings or structures.

(5)

Special Privilege Not Granted. The variance would not confer on the applicant any special privilege that is denied by this chapter to other lands, buildings or structures in the same zoning district.

(Ord. No. 2024-03, § 1, 2-1-2024)

Approval of a variance pursuant to the provisions of this zoning chapter shall run with property.

(Ord. No. 2024-03, § 1, 2-1-2024)

If the mayor and board of aldermen deny an application for a variance request, a successive application shall not be submitted for the same previously requested variance on any part of all such property for a period of six months from the date of the decision by mayor and board of aldermen.

(Ord. No. 2024-03, § 1, 2-1-2024)

Final action on a variance may be appealed in accordance with Section 73-306 Appeals.

(Ord. No. 2024-03, § 1, 2-1-2024)

The Development Director is authorized to make interpretations concerning the provisions of this zoning chapter, in consultation with the city manager or other department directors, as best applicable. These interpretations are subject to the approval of the mayor and board of aldermen. Interpretations include but are not limited to:

(1)

The text of this zoning chapter;

(2)

Zoning District boundaries upon the official zoning map; and,

(3)

Any land use not explicitly authorized in this zoning chapter.

(Ord. No. 2024-03, § 1, 2-1-2024)

A Zoning Confirmation Letter (ZCL) that verifies the factual information relative to a specific property shall be considered an official interpretation of this zoning chapter.

(Ord. No. 2024-03, § 1, 2-1-2024)

Interpretations may be appealed in accordance with Section 73-306 Appeals.

(Ord. No. 2024-03, § 1, 2-1-2024)

(a)

A notice of appeal shall be filed within 30 calendar days of a final decision.

(b)

A An appeal shall be made by filing a written notice of appeal specifying the grounds for the appeal.

(c)

A notice of appeal shall be considered filed when a complete notice of appeal is delivered.

(Ord. No. 2024-03, § 1, 2-1-2024)

(a)

The filing of a complete notice of appeal stays all proceedings in furtherance of the action appealed.

(b)

Proceedings shall not be stayed if it is determined that a stay would cause imminent peril to life or property, or that the violation is transitory in nature, or that a stay would interfere with the enforcement of this zoning chapter or other related ordinances.

(c)

An appeal shall stay only those proceedings that involve the subject of the appeal.

(d)

The filing on an appeal does not stop the accruing of assessed civil penalties, if any.

(Ord. No. 2024-03, § 1, 2-1-2024)

Upon receipt of a notice of appeal, the administrative official, commission, or board whose final decision is being appealed shall transmit all records, including all documents and electronic data, constituting the entire record of the proceedings from which the appeal is taken.

(Ord. No. 2024-03, § 1, 2-1-2024)

Published and posted notice shall be required in accordance with the procedures in Section 73-259, Public Notice. Mailed notice shall be sent to the appellant and the owner of the affected site (if different).

(Ord. No. 2024-03, § 1, 2-1-2024)

(a)

An appeal shall be sustained only upon a finding by the mayor and board of aldermen that the administrative official, commission, or board whose final decision is being appealed was based on an erroneous finding of a material fact or that they acted in an arbitrary manner.

(b)

The mayor and board of aldermen may reverse or affirm (wholly or in part) or may modify the final decision appealed and shall make a final decision that in its opinion ought to be made in the case before it unless otherwise specified by this zoning chapter. To this end, the mayor and board of aldermen shall have all of the powers of the administrative official, commission or board from whom the appeal is taken.

(c)

A motion to reverse, affirm or modify the final decision appealed shall include a statement of the specific reasons including the proposed findings of fact that support the decision. The findings of fact shall be based on the same evidence received by the first decision maker.

(d)

If a motion to reverse or modify is not made, or such motion fails to receive the affirmative vote of a majority of the members present, then the appeal shall be denied.

(e)

The appellant shall have the burden of proof.

(Ord. No. 2024-03, § 1, 2-1-2024)

(a)

An appeal of the final decision of the mayor and board of aldermen under this section may be taken by the applicable processes as stated in O.C.G.A. § 36-66-5.1.

(b)

If an appeal is being made by way of petition for review to the superior court where the property lies, in accordance with both O.C.G.A. § 36-66-1 et seq and as provided for in O.C.G.A. Title 5, Ch. 4, any petition may be served through mayor on behalf of the lower judiciary body being appealed. The mayor may be served with the petition on behalf of the city.

(Ord. No. 2024-03, § 1, 2-1-2024)

Conditions attached to previously approved rezonings, special use permits, variances, and any other zoning or quasi-judicial decisions may be modified in accordance with the following:

(Ord. No. 2024-03, § 1, 2-1-2024)

(a)

Any modification request that exceeds the thresholds for a minor modification, any variation to an approved phasing plan in timing or sequencing.

(b)

Any major modification shall be processed as a new amendment application in accordance with the procedures of this Article. including the requirement for fees, notices, and hearings.

(c)

Any future alterations of conditions shall be processed as a new amendment application in accordance with the procedures of this Article, including the requirement for fees, notices, and hearings.

(Ord. No. 2024-03, § 1, 2-1-2024)

Editor's note— Ord. No. 2024-05, § 2, adopted May 2, 2024, repealed § 73-315, which pertained to Certificate of Appropriateness and derived from Ord. No. 2024-03, § 1, 2-1-2024.

(a)

This section shall apply only to properties in the Historic District Overlay, as established on the Official Zoning Map.

(b)

A Certificate of Appropriateness shall be required for the following activities on properties within the Overlay:

(1)

New construction;

(2)

A material change to the exterior appearance of any building or structure, including any new construction, alteration, or addition, attached or detached;

(3)

A material change to, or new construction of walls or paving;

(4)

Demolition of any building or structure; and/or

(5)

Relocation of any building or structure into, within, or out of the Overlay.

(Ord. No. 2024-03, § 1, 2-1-2024)

A Certificate of Appropriateness is not required if the work to be performed falls within the following:

(1)

General exterior maintenance or minor, in-kind repairs;

(2)

Any activity below that is not visible from a public right-of-way, with the exception of relocation or demolition;

a.

Paved pathways less than five feet wide and all sidewalks on the public right-of-way;

b.

Interior changes that do not affect the exterior of the building;

c.

The addition, modification, or removal of any vegetation, including specimen trees;

d.

The temporary boarding of openings that will not exceed 60 days; and/or

e.

Replacement or installation of new fencing or screens.

(Ord. No. 2024-03, § 1, 2-1-2024)

(a)

Demolition or alteration of any building or structure that poses an immediate threat to public health or safety due to its deteriorated condition or has been damaged or destroyed fire, wind, flood or other catastrophe may be initiated through one of the following:

(1)

The owner of such building or structure requests issuance of an emergency demolition permit with accompanying report from a Georgia-licensed structural engineer noting the deficiencies and imminent health or safety hazard.

(2)

Any order for demolition in whole or in part is issued by a City of Acworth official or other external agency due to a dangerous, hazardous, or unsafe condition.

(b)

Inspection.

(1)

As soon as practicable after the receipt of such request or order, the property shall be inspected by a City official (if it has not been already).

(2)

After inspection of the building or structure and consultation, if the condition of the building or structure is deemed to represent a serious and imminent threat to public health and safety and whether there is any reasonable alternative to the immediate demolition of the building or structure which would protect public health and safety.

(c)

If the condition of the building or structure poses a serious and imminent threat to public health and safety and that there is no reasonable alternative to the immediate demolition of the building or structure, then they may issue an emergency Certificate of Appropriateness and demolition permit to the owner of the building or structure.

(d)

Nothing in this section shall be inconsistent with the procedures for the demolition and/or securing of buildings and structures established by the building permit provisions.

(Ord. No. 2024-03, § 1, 2-1-2024)

Prior to the submittal of an application for a Certificate of Appropriateness that will require review by the Historic Preservation Commission, the applicant is encouraged to participate in a pre-application meeting.

(Ord. No. 2024-03, § 1, 2-1-2024)

(a)

Once the application has been deemed sufficient, it shall be determined whether the application requires review by the Historic Preservation Commission based on the scope of work.

(b)

For any application requiring review by the Historic Preservation Commission, the application shall be scheduled for a public hearing and public notice will be given.

(Ord. No. 2024-03, § 1, 2-1-2024)

(a)

Commission Review Responsibility.

(1)

The Historic Preservation Commission shall review all material changes in appearance except those that are exempted by this Section or described in Section 73-453, Exemptions.

(2)

Based on the review criteria, the applicant shall be presented to the Historic Preservation Commission. The recommendation may include modifications and/or conditions.

(3)

Final action by the Historic Preservation Commission shall be made within 45 days of receipt of a complete application.

(b)

Review Criteria. The Historic Preservation Commission shall review and take final action on any proposed Certificate of Appropriateness for which they have decision-making authority by applying the standards listed in Section 73-457.B, Review Criteria.

(c)

Action by the Historic Preservation Commission. For applications for which the Historic Preservation Commission has decision-making authority and after review of the criteria, the Historic Preservation Commission shall make the final decision that the application should be:

(1)

Approved

(2)

Approved with modifications and/or conditions;

(3)

Denied.

(Ord. No. 2024-03, § 1, 2-1-2024)

(a)

An approved Certificate of Appropriateness shall be valid for six months from the date of approval. If the project has not commenced within 6 months from such date, the Certificate of Appropriateness shall be deemed void.

(b)

Once a project has commenced, the Certificate of Appropriateness shall be valid for a period of up to 18 months.

(c)

The validity of a Certificate of Appropriateness may only be extended once for a period of six months, provided there are no changes to the originally authorized scope of work, site conditions, or to any standards of this chapter that would affect the approval. The extension request may be filed no later than 60 days after the expiration date of the original approval.

(Ord. No. 2024-03, § 1, 2-1-2024)

Final action on a Certificate of Appropriateness may be appealed in accordance with Section 73-259, Appeals.

(Ord. No. 2024-03, § 1, 2-1-2024)

(a)

All work performed pursuant to an issued Certificate of Appropriateness shall conform to the requirements of such certificate. If work is not performed in accordance with the certificate, the Development Director shall issue a stop-work order and all work shall cease in accordance with article X, Violations, Penalties, Enforcement.

(b)

If work is performed without a Certificate of Appropriateness, where such is required, the Development Director shall issue a stop-work order and all work shall cease in accordance with article X, Violations, Penalties, Enforcement.

(c)

No Certificate of Occupancy or Completion shall be issued until the Development Director has verified the work was performed in compliance with the Certificate of Appropriateness and other applicable sections of this zoning chapter.

(d)

Where work is performed without a Certificate of Appropriateness, where such is required, the owner shall apply for a Certificate of Appropriateness within 10 business days of receiving notice from the City of Acworth. If the application is denied, in whole or in part, the owner shall return the denied portion of the work to its prior state within 90 days of the denial or as specified by the Development Director or Historic Preservation Commission.

(Ord. No. 2024-03, § 1, 2-1-2024)