This chapter, including the Calhoun zoning map, may be amended from time to time, but no amendment to these zoning requirements and procedures shall become effective unless it shall have been proposed by, or shall first have been submitted to the mayor and council of the City of Calhoun for review. Action shall not be initiated for a zoning amendment affecting the same parcel more often than once every 12 months.

(Ord. No. 1058, § 3, 6-12-2023)

Any landowner requesting a zoning decision (change) shall file a written application entitled "Application to Amend the Zoning Map of Calhoun, Georgia for Zoning Consideration" available at Calhoun city hall. The application shall contain no less than the following:

(a)

Name and address of the applicant;

(b)

Description of the property in such a manner to identify same to a lay person;

(c)

Current zoning;

(d)

Current use of property;

(e)

Names and addresses of all present landowners who bound the property on all sides whether or not separated by any public or private street or road or natural boundary;

(f)

Names and addresses of lessees of the property;

(g)

Requested zoning classifications or variance and reason for change or need.

Said application shall be sworn to be true and correct and shall be signed by the landowner or authorized representative requesting the relief stated in the application. The application, along with a fee as prescribed in the adopted fee schedule, shall be presented to the City of Calhoun. The applicant shall mail a copy of said application to all present adjoining landowners who bound the property on all sides whether or not separated by any public or private street or road or natural boundary and any lessee of the property. Said application shall be mailed by certified mail, return receipt requested and said proof of receipt shall be filed with the City of Calhoun prior to any public hearing called to consider said application. The written consent of any adjoining landowner or lessee shall be accepted in lieu of postal receipt of notice.

(Ord. No. 1058, § 3, 6-12-2023)

(a)

The mayor and council of the City of Calhoun find that the increasing urbanization of this municipality requires that certain uniformity in procedures and standards be adopted to ensure that zoning decisions will be made consistently and wisely and in keeping with the long range requirements of the public health, safety and welfare. The mayor and council further find that the issues pertaining to annexation of territory to the municipality, zoning changes, and zoning variances within the municipality are commonly similar and therefore should be considered in the same manner at the municipal level subject only to the mandates of state and federal laws and regulations. The mayor and council further find that the procedures required by this chapter will help the citizens of this municipality in presenting and articulating their viewpoints on zoning matters and will ensure that zoning matters are made on the basis of a record which will contain matters.

(b)

Zoning standards. The term "zoning proposal" shall mean to include an annexation request, a rezoning request and a zoning variance request.

(c)

The mayor and council, the zoning advisory board and the board of zoning appeals shall use the following standards when considering a zoning decision:

(1)

Whether the zoning proposal will permit a use that is suitable in view of the use and development of adjacent and nearby property.

(2)

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

(3)

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

(4)

Whether the zoning proposal will result in a use which will or could cause an excessive or burdensome use of existing streets, transportation facilities, utilities or schools.

(5)

Whether there will be capital costs for capital improvements to serve the area. Capital costs shall include water mains, sewer mains, new street pavement or widening, new fire stations or equipment, new police stations or equipment, and other like costs.

(6)

Whether the zoning proposal is in conformity with the policy and intent of the land use plan.

(7)

Whether there are other existing or changing conditions affecting the use and development of the property which give supporting grounds for their approval or disapproval of the zoning proposal.

(8)

Whether there are other factors relevant to balancing the interest in promoting the public health, safety, morality or general welfare against the right to the unrestricted use of property.

The foregoing zoning standards are guidelines and each zoning decision will present unique characteristics, so the guidelines set out in this chapter are to be considered, but need not all be met for a zoning decision to be approved.

(Ord. No. 1058, § 3, 6-12-2023)

(a)

Where the mayor and council find that strict compliance with the provisions of this chapter would result in practical difficulty or unnecessary hardship, the mayor and council may, upon application from the property owner, grant a variance from the terms of this chapter so that the spirit and intent of this chapter shall be observed, public safety and welfare secured, and substantial justice done.

(b)

Factual findings required. Such variance may be granted in such individual cases of unnecessary hardship upon consideration by the mayor and council of the standards for considering zoning decisions as set out in article XIV of the City of Calhoun Zoning Ordinance and finding that one or more of the following conditions exist:

(1)

There are extraordinary and exceptional conditions pertaining to the particular piece of property in question because of its size, shape or topography;

(2)

The application of this ordinance to the particular piece of property would create an unnecessary hardship;

(3)

Such conditions are peculiar to the particular piece of property involved;

(4)

Relief, if granted, would not cause substantial detriment to the public good or impair the purposes and intent of this chapter, provided, however, that no variance may be granted for a use of land or building or structure that is prohibited by this chapter.

(c)

Limitations on variances; improper variance requests. The following shall also serve to limit or bar the grant of a variance:

(1)

The variance request cannot seek to totally remove a requirement or to exempt a property or applicant entirely from any zoning or other use regulation or requirement.

(2)

The variance request shall only be given to alter a numeric value, or modify a requirement due to hardships such as those listed in subparagraph (b)(1) above.

(3)

The variance request application shall not be accepted if the variance seeks something that cannot be varied, or to eliminate rather than modify a requirement or regulation.

(4)

The variance request application shall not be accepted if the variance is contradictory to [this chapter], such as reducing a requirement to zero or totally eliminating a requirement.

(5)

No variance request shall be granted when the hardship was created by the property owner or his predecessor, and shall include any request for a variance based upon a shape or topography hardship for any lot or parcel of record not existing prior to February 21, 1996. Configuring a subdivision to create lots that are difficult to build is an example of a hardship created by the property owner or predecessor, that do not justify a variance.

(d)

The procedure by which the mayor and council will consider any request for a variance shall be governed by the provisions of article XIV of this appendix.

(Ord. No. 1058, § 3, 6-12-2023)

(a)

These policies and procedures shall govern the conducting of:

(1)

Any public hearing held by the mayor and council of the City of Calhoun when considering any annexation request, zoning request after annexation, rezoning request, zoning variance request and any change or amendment to the City of Calhoun Zoning Ordinance whether considered to be judicial or quasi-judicial in nature, all of which are hereinafter referred to as "zoning decisions;"

(2)

Any public hearing held by the zoning advisory board concerning a zoning decision whether considered to be judicial or quasi-judicial in nature; and

(3)

Any public hearing held by the board of zoning appeals concerning a zoning decision. The mayor and council, the zoning advisory board and the board of zoning appeals are hereinafter referred to as the "zoning authority" whether considered to be judicial or quasi-judicial in nature.

(b)

Any request for a zoning action resulting in a zoning decision shall provide for a hearing on the proposed action. Where the proposed action includes any combination of zoning decisions under subparagraphs (c), (e), or (f) of definition number 72 of article III, section 3.2 for the same property, only one hearing shall be required. At least 15 but not more than 45 days prior to the date of the hearing, the local government shall cause to be published within a newspaper of general circulation within the territorial boundaries of the local government a notice of the hearing. The notice shall state the time, place, and purpose of the hearing.

(c)

If a request for a zoning decision requests the rezoning of property and the rezoning is initiated by a party other than the local government, then:

(1)

The notice, in addition to the requirements of subsection (b) of this section, shall include the location of the property, the present zoning classification of the property, and the proposed zoning classification of the property; and

(2)

A sign containing information required by local ordinance or resolution shall be placed in a conspicuous location on the property not less than 15 days prior to the date of the hearing.

(d)

If a request for a zoning decision requests the rezoning of property and the amendment to the zoning ordinance to accomplish the rezoning is defeated by the local government, then the same property may not again be considered for rezoning until the expiration of at least six months immediately following the defeat of the rezoning by the local government.

(e)

If a request for a zoning decision requests the zoning or rezoning of property to be annexed into the City of Calhoun, then:

(1)

Such municipal local government shall complete the procedures required by this article for such zoning, except for the final vote of the mayor and council, prior to adoption of the annexation ordinance or resolution or the effective date of any local act, but no sooner than the date the notice of the proposed annexation is provided to the governing authority of the county as required under O.C.G.A. § 36-36-6;

(2)

The hearing required by subsection (b) of this section shall be conducted prior to the annexation of the subject property into the municipality;

(3)

In addition to the other notice requirements of this article, the municipality shall cause to be published within a newspaper of general circulation within the territorial boundaries of the county wherein the property to be annexed is located a notice of the hearing as required under the provisions of subsection (b) or (c), as applicable, of this article and shall place a sign on the property when required by subsection (c) of this article; and

(4)

The zoning classification approved by the municipality following the hearing required by this article shall become effective on the later of:

a.

The date the zoning is approved by the municipality;

b.

The date that the annexation becomes effective pursuant to O.C.G.A. § 36-36-2; or

c.

Where a county has interposed an objection pursuant to O.C.G.A. § 36-36-11, the date provided for in paragraph (8) of subsection (c) of said statutory provision.

(f)

When a proposed zoning decision relates to or will allow the location or relocation of a halfway house, drug rehabilitation center, or other facility for treatment of drug dependency, a public hearing shall be held on the proposed action. Such public hearing shall be held at least six months and not more than nine months prior to the date of final action on the zoning decision. The hearing required by this subsection shall be in addition to any hearing required under subsection (a) of this article. The mayor and council shall give notice of such hearing by:

(1)

Posting notice on the affected premises in the manner prescribed by subsection (b) of this article; and

(2)

Publishing in a newspaper of general circulation within the territorial boundaries of the local government a notice of the hearing at least 15 days and not more than 45 days prior to the date of the hearing.

Both the posted notice and the published notice shall include a prominent statement that the proposed zoning decision relates to or will allow the location or relocation of a halfway house, drug rehabilitation center, or other facility for treatment of drug dependency. The published notice shall be at least six column inches in size and shall not be located in the classified advertising section of the newspaper.

(g)

When the mayor and council shall delegate power to make a zoning decision to a quasi-judicial officer, board, or agency shall provide for a hearing on each proposed action described in paragraph (1.1) of O.C.G.A. § 36-66-3. Notice of such hearing shall be provided at least 30 days prior to the quasi-judicial hearing, with such notice being made as provided for in subsection (b) of this section and with additional notice being mailed to the owner of the property that is the subject of the proposed action.

(h)

(1)

Notwithstanding any other provisions of this chapter to the contrary, when a proposed zoning decision relates to an amendment of the zoning ordinance to revise one or more zoning classifications or definitions relating 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, such zoning decision must be adopted in the following manner:

a.

The zoning decision shall be adopted at two regular meetings of the mayor and council, during a period of not less than 21 days apart; and

b.

Prior to the first meeting provided for in subparagraph a. of this paragraph, at least two public hearings shall be held on the proposed action. Such public hearings shall be held at least three months and not more than nine months prior to the date of final action on the zoning decision. Furthermore, at least one of the public hearings must be held between the hours of 5:00 p.m. and 8:00 p.m. The hearings required by this paragraph shall be in addition to any hearing required under subsection (b) of this section. The local government shall give notice of such hearing by:

1.

Posting notice on each affected premises in the manner prescribed by subsection (b) of this section; provided, however, that when more than 500 parcels are affected, in which case posting notice is required every 500 feet in the affected area; and

2.

Publishing in the legal organ a notice of each hearing at least 15 days and not more than 45 days prior to the date of the hearing.

Both the posted notice and the published notice shall include a prominent statement that the proposed zoning decision relates to or will authorize multifamily uses or give blanket permission to the property owner to deviate from the zoning requirements of a single-family residential zoning of property in classification previously relating to single-family residential uses. The published notice shall be at least nine column inches in size and shall not be located in the classified advertising section of the newspaper. The notice shall state that a copy of the proposed amendment is on file in the office of the clerk or the recording officer of the local government and in the office of the clerk of the superior court of the county of the legal situs of the local government for the purpose of examination and inspection by the public. The local government shall furnish anyone, upon written request, a copy of the proposed amendment, at no cost.

(2)

The provisions of paragraph (1) of this subsection shall also apply to any zoning decisions that provide for the abolition of all single-family residential zoning classifications within the territorial boundaries of a local government or zoning decisions that result in the rezoning of all property zoned for single-family residential uses within the territorial boundaries of a local government to multifamily residential uses of property.

(3)

This subsection shall not apply to zoning decisions for the rezoning of property from a single-family residential use of property to a multifamily residential use of property when the rezoning is initiated by the owner or authorized agent of the owner of such property.

(Ord. No. 1058, § 3, 6-12-2023)

(a)

Any sign or signs required herein by this article to be posted on any lands for any zoning decision addressed by this article containing the time, place and purpose of any proposed or required public hearing shall be placed in a conspicuous location on the property not less than 30 days prior to the date of the hearing unless otherwise specifically required by any provision of this article or state code.

(b)

Any sign or signs shall face toward all public streets, alleys, sidewalks or other public property adjoining said property. Such signs shall be placed not more than 50 feet from the boundary line of said property and shall be placed where they can easily be seen from all public streets and property adjoining said property unless otherwise specifically required by any provision of this article or state code.

(Ord. No. 1058, § 3, 6-12-2023; Ord. No. 1088, § 1, 9-9-2024)

All public hearings called by any zoning authority of the City of Calhoun shall be conducted in the following manner:

(1)

The mayor or hearing officer (hereinafter "presiding officer") will introduce zoning decision matters listed on the regular council meeting agenda under "Public Hearings and Comments." The items will be listed and introduced in alphabetical order.

(2)

Before the zoning advisory board and the board of zoning appeals the zoning decision matters listed will be introduced in alphabetical order by the chairman or designee (hereinafter "presiding officer") who will then follow the procedures hereinafter set forth except that such zoning decision matter shall require only one initial reading before the public hearing is opened and action can be taken.

(3)

The presiding officer shall read the application for the zoning decision for the second time prior to the public hearing being opened and then open the public hearing.

(4)

The presiding officer shall ask for a report from the city administrator and/or the building inspector as to the publications of public notice of said hearing, the placing of the required signs on the property containing notice of said hearing, and proof of notice of application to all adjoining landowners.

(5)

The presiding officer shall ask for the recommendation of the zoning advisory board chairman and/or his designee prior to receiving other comments.

(6)

The applicant for the zoning decision may make a presentation if the applicant desires.

(7)

The applicants may be questioned by the zoning authority.

(8)

The zoning authority shall receive comments from the general public in support of and in opposition to the zoning application request. Any person speaking in support of or in opposition to the zoning application request is specifically advised to disclose any financial interests as required by O.C.G.A. § 36-67A-1 et seq.

(9)

Each person making comments shall first give their name and address for the record, prior to making comments or presenting documents.

(10)

The applicant for the zoning decision will be permitted to rebut negative comments.

(11)

The presiding officer shall then close the public hearing. The zoning authority will discuss in open meeting the zoning application request among themselves.

(12)

After discussion and deliberation, the zoning authority may do any of the following:

a.

Continue the matter to the zoning authority's next regular meeting and thereafter for one or more regular meetings to allow for further study and consideration. Any additional information or materials received by the zoning authority shall be reported at the next regular meeting after receipt of said information and materials, and comments shall be received which address said materials and information and all related relevant facts; or

b.

Approve the zoning decision; or

c.

Deny the zoning decision; or

d.

Approve the zoning decision with specified conditions; or

e.

Approve a different zoning decision from the one requested, if better suited to the area. Should the public hearing be continued to a subsequent regular meeting the presiding officer may allow additional comments in favor of and in opposition to said zoning application request under the same procedures set forth hereinabove;

f.

Following completion of the zoning matters under "Public Hearings and Comments" portion of the agenda, the meeting will continue with other business as scheduled on the agenda;

g.

The presiding officer at any public hearing of a zoning decision shall set such time limits for each side of the presentation of data, evidence and opinions supporting or opposing the zoning decision. Such time limit for each side shall be equal and shall not be less than ten minutes to each side.

(Ord. No. 1058, § 3, 6-12-2023)

Unless specifically addressed by the provisions of this article or state code, if the zoning decision is denied by the mayor and council, no new application for a zoning decision concerning the same property or any part thereof will be considered until the expiration of at least six months immediately following the denial of the zoning decision by the mayor and council. Any landowner who files an application to amend the zoning map of Calhoun, Georgia and wishes to withdraw same must do so at least 72 hours before the matter is to be considered by the zoning advisory board or the mayor and council otherwise said application shall remain on the agenda and be acted upon by the zoning advisory board or mayor and council at the scheduled meeting, unless the failure to withdraw the application was caused by emergency or personal hardship.

(Ord. No. 1058, § 3, 6-12-2023)