Annexation: Annexation is the process by which a parcel of land is transferred from the jurisdiction of unincorporated Glynn County to the jurisdiction of the City of Brunswick.

Applicant: A property owner or their authorized representative who has petitioned the city for approval of an application under the terms of this article.

Application: A petition for approval of an application under the terms of this article.

Concept plan: A document submitted with an application regulated by this article upon which the applicant has shown the intended development and its design. Approval of the application request shall not constitute approval of the concept plan; said plan must be adjusted according to the requirements listed for submittal of civil plans or building plans and reviewed by the appropriate departments for permitting.

Condition of zoning approval: A requirement adopted by the governing body at the time of approval of a rezoning, conditional use or zoning of annexed lands; placing greater or additional requirements or restrictions on the property than provided in this Code in order to reduce an adverse impact of the request and to protect the public health, safety, or general welfare.

Conditional use permit: A use which is not automatically permitted by right, but which may be permitted within a zoning district subject to meeting specific requirements of this Code.

Director: The director of the Brunswick Department of Planning, Development and Codes.

PAC: The planning and appeals commission of the City of Brunswick.

PDC department: The planning, development and codes department of the City of Brunswick.

PD: A planned development district within the City of Brunswick.

Presiding official: The person chairing a meeting of the planning commission or the governing body in their official capacity.

Rezoning: An amendment to the official zoning map, or an amendment to an overlay zone boundary, that changes the zoning district or overlay zone of one or more properties specified in an application. Rezoning also includes applications to change conditions of zoning approval.

Text amendment: An amendment to articles of this Code.

Variance: A relaxation of the terms of this title where such variance will not be contrary to the public interest and where, owing to conditions peculiar to the property and not the result of the actions of the applicant, a literal enforcement of this Code would result in unnecessary and undue hardship, or practical difficulty.

Zoning change: See definition for "rezoning."

(Ord. No. 1081, 9-20-2023)

The official zoning map, and overlay zone maps, may be amended from time to time and zoning amendments may be approved for specific properties by the governing body under the procedures in this chapter. In addition, changes in the conditions of approval pertaining to a specific rezoning or conditional use permit approval may also be approved by the governing body following the procedures in this chapter. The procedures for conditional use permits, which may be approved for specific properties, shall also be as provided in this chapter.

(Ord. No. 1081, 9-20-2023)

An application for a rezoning or conditional use permit for any property or properties in the city may be initiated by the governing body, planning and appeals commission, owner of the property, or some other person(s) given authorization by property owner to file said application.

Any applicant wishing to submit an application for rezoning or conditional use permit must schedule an appointment with the planning, development and codes department staff in order to review the application for completeness. No such application shall be accepted for processing by the director or his or her designee unless it meets the requirements of this section. Incomplete or improper applications will be returned to the applicant. The director is hereby authorized to establish administrative deadlines for the receipt of applications.

Any applicant wishing to file an application for a zoning change related to a planned development zoning district must schedule a conference with the PDC department staff at least 15 days prior to filing an application and shall also submit the additional application materials specified in this Code.

(Ord. No. 1081, 9-20-2023)

All applications for a rezoning or conditional use permit shall at a minimum consist of the following:

(1)

Application form. A completed application. All applications shall be submitted to the PDC department on the department's application forms.

(2)

Fee. All applications shall be accompanied by a non-refundable fee as fixed from time to time by the governing body. A fee shall not be charged if the governing body or the planning commission initiate the application.

(3)

Plat or boundary survey. A plat or boundary survey of the property or properties involved in the application. Provide one scaled and folded copy, and one 8.5"×11" or 11"×17" reproducible size copy.

(4)

Legal description. A paper copy and an electronic copy of the legal description of the property that corresponds with the property or properties shown on the submitted boundary survey/plat.

(5)

Written narrative. A written narrative should indicate at a minimum:

a.

The purpose of the request, proposed use, as well as overlay zones or protection areas in which the property is located.

b.

Any planned developments shall include a narrative which fully describes the concept plan and must include at a minimum the proposed use, setbacks, right-of-way widths, building heights, signage, whether the applicant wishes the city to maintain the road(s) as well as identify any overlay zones or protection areas that may affect the use.

(6)

Concept plan. An application for a rezoning or conditional use permit approval related to a residential subdivision, multi-family, or nonresidential use or zoning district shall be accompanied by a concept plan if any new construction is proposed or alteration of the site is required under the site or development design standards of this Code. An as-built survey (rather than a concept plan) indicating the most current development conditions must be submitted with those applications regarding existing developments that are not to be altered. The concept plan shall meet the requirements of section 23-26-5. The applicant shall submit ten scaled and folded copies, folded to fit into an 8"×10" size envelope, and one 11"×17" reproducible copy.

(7)

Traffic impact analysis. Any application for a rezoning or conditional use permit which can be reasonably expected to generate 1,000 vehicle trip ends during a single day and/or more than 100 vehicle trips during the morning or afternoon peak hours shall submit a traffic impact analysis as specified in division 4, traffic impact analysis.

(8)

Development of regional impact. Any application for a rezoning or conditional use permit and development approval that meets or exceeds the thresholds established by the state department of community affairs shall be considered a development of regional impact (DRI), and as such, shall comply with the procedures set forth in division 5, development of regional impact.

The director may request information in addition to that specified in this section when considered necessary for review of the application by the governing body or planning commission.

Anyone filing an application may be exempt from the above submittal requirements of this section, provided the application is for rezoning to an R-9 or R-6 zoning district, does not involve a subdivision development, and includes the fee, plat or boundary survey, legal description and written narrative.

(Ord. No. 1081, 9-20-2023)

Applications for a rezoning or conditional use permit shall at minimum include thereon the information specified in this section.

(1)

Name, address, and telephone number of the property owner.

(2)

Name, address, and telephone number of the applicant.

(3)

Date of survey, north point and graphic scale, date of plan drawing, and revision dates, as appropriate.

(4)

Proposed use of the property.

(5)

Location (land district and land lot) and size of the property in acres (or in square feet if less than an acre).

(6)

Zoning district classification of the subject property and all adjacent properties, and zoning district boundaries as appropriate.

(7)

Natural features within the property, including drainage channels, bodies of water, wooded areas and other significant natural features such as rock outcroppings. On all water courses entering or leaving the property, the direction of flow shall be indicated. The 100-year flood plain, if any, shall be outlined.

(8)

Man-made features within and adjacent to the property, including existing streets and names, city and county political boundary lines, and other significant information such as location of bridges, utility lines, existing buildings to remain, and other features as appropriate to the nature of the request.

(9)

The proposed project layout including:

a.

For subdivisions, a professional stamped rendering showing approximate lot lines and street right-of-way lines, along with the front building setback line on each lot.

b.

For multi-family and nonresidential development projects, the approximate outline and location of all buildings, and the location of all minimum building setback lines, outdoor storage areas, buffers, parking areas and driveways.

(10)

The proposed phasing of the development if it is proposed to be built in sections.

(11)

A statement as to the source of domestic water supply.

(12)

A statement as to the provision for sanitary sewage disposal.

(13)

The approximate location of proposed stormwater detention facilities.

(14)

Such additional information as may be useful to permit an understanding of the proposed use and development of the property.

(Ord. No. 1081, 9-20-2023)

Before the governing body may take final action on a proposed rezoning or conditional use permit application, the planning and appeals commission shall hold a public hearing on the proposal. At least 15 days but not more than 45 days prior to the public hearing before the PAC, notice shall be published in a newspaper of general circulation within the city. The published notice shall be prepared by the planning, development and codes department and shall include the location of the property, the present zoning classification of the property, the proposed rezoning or conditional use requested, and the date, time, and place of the public hearing before the PAC. Notice of the date, time, and place of the public hearing before the governing body shall also be provided.

(Ord. No. 1081, 9-20-2023)

At least 15 days but not more than 45 days prior to the public hearing, the city shall post a sign or signs stating the date, time and place of the public hearing before the planning and appeals commission, the present zoning classification and the proposed zoning change or the proposed conditional use permit. One such sign shall be placed in a conspicuous location along each street frontage of the property for which the rezoning or conditional use permit 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. Notice of the date, time, and place of the public hearing before the governing body shall also be provided.

(Ord. No. 1081, 9-20-2023)

Pursuant to the specific requirements of the Zoning Procedures Law (O.C.G.A. § 36-66-6), when a proposed rezoning or conditional use permit application 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 director shall ensure that the additional requirements of O.C.G.A. § 36-66-6 are met as follows:

(1)

Public hearings shall be held at least six months and not more than nine months prior to the date of final action on the zoning decision.

Pursuant to the specific requirements of the Zoning Procedures Law (O.C.G.A. § 36-66-4), when a proposed rezoning or text amendment allowing multi-family uses in a single-family residential district, the director shall ensure that the additional requirements of O.C.G.A. § 36-6-4 are met as outlined.

(Ord. No. 1081, 9-20-2023)

Within a reasonable period of time after acceptance of a complete application, the director or his/her designee may send the application or notice thereof out for review by the city's development review team (DRT) and any other internal municipal departments and external agencies as may be appropriate. Any written comments received in a timely manner as a result of such review shall be submitted for consideration to the planning and appeals commission and governing body, or summarized in a submitted memorandum. Any such comments shall become public records.

The director or his/her designee shall investigate and make a recommendation with respect to the matters enumerated in this Code section regarding a rezoning or conditional use permit application. Any such investigation and recommendation shall if in writing be made available to the applicant and planning and appeals commission prior to its public hearing and shall become public records.

(Ord. No. 1081, 9-20-2023)

The planning and appeals commission shall convene a public hearing on the rezoning or conditional use permit application as provided in the public notice. The public hearing shall follow policies and procedures which govern calling and conducting public hearings established in this Code. The PAC shall have 65 calendar days from the date of its public hearing within which to submit its recommendation on the rezoning or conditional use permit application. The board may submit any additional report it deems appropriate. The recommendations of the PAC shall have an advisory effect only and shall not be binding on the governing body.

(Ord. No. 1081, 9-20-2023)

The planning and appeals commission and the governing body shall consider the following standards in considering any rezoning, zoning amendment, or conditional use permit application, giving due weight or priority to those factors that are appropriate to the circumstances of each proposal:

(1)

Is the proposed use compatible with the purpose and intent of the comprehensive plan?

(2)

Is the proposed use suitable in view of the zoning and development of adjacent and nearby property?

(3)

Will the proposed use adversely affect the existing use or usability of adjacent or nearby property?

(4)

Are their substantial reasons why the property cannot or should not be used as currently zoned?

(5)

Will the proposed use cause an excessive or burdensome use of public facilities or services, including but not limited to streets, schools, water or sewer utilities, and police or fire protection?

(6)

Is the proposed use supported by new or changing conditions not anticipated by the comprehensive plan or reflected in the existing zoning on the property or surrounding properties?

(7)

Does the proposed use reflect a reasonable balance between the promotion of the public health, safety, morality, or general welfare and the right to unrestricted use of property?

(Ord. No. 1081, 9-20-2023)

(a)

The concept plan and accompanying written report(s) and data set forth in section 23-16-3 submitted by the developer to the building official shall be subsequently forwarded to the planning and appeals commission (PAC) with the recommendations of the building official and other city staff if appropriate. If approved by the PAC, following a public hearing, the recommendation shall be placed in front of the city commission to be adopted as an amendment to this chapter, which shall establish the standards of development for that particular planned development zone.

(b)

In considering and acting upon applications for PDs, the planning and appeals commission and the governing body shall consider and base their recommendation and decision, respectively, on the following criteria (not all inclusive), and any other factors it may consider appropriate in reaching such a decision:

(1)

Consistency with the comprehensive plan of the city.

(2)

The extent to which the proposed mix of land uses is appropriate in terms of location and character.

(3)

The extent to which the development is compatible with surrounding properties. Compatibility can be achieved by ensuring that the overall scale and design of development does not overwhelm or otherwise detract from the established character of the neighborhood or surroundings. The PD zoning district is not intended to allow for the intrusion of incompatible land uses into single-family neighborhoods that create negative land use impacts.

(4)

The extent to which the proposed architectural features of buildings within the development are harmonious.

(5)

The adequacy of open spaces, play areas and recreation facilities that are provided for the needs of the development occupants.

(c)

All further development shall conform to the standards adopted for the approved PD district, regardless of any changes in ownership. Any proposed change in the standards or plan after adoption as part of this chapter, shall be treated as an amendment to this chapter and must be considered in accordance with normal amendment procedures set forth in article XXVI of this chapter.

(d)

Where it is determined by the city commission that development in the approved PD is not in accordance with the adopted PD ordinance standards for that district, the city commission shall be empowered to amend this chapter to revert the zoning of part or all the property in the PD district to its prior zoning classification, or any other more appropriate zoning classification.

(e)

Before approval of a PD rezoning application, the city commission shall require a binding agreement with safeguards satisfactory to the city attorney guaranteeing completion of the development within a period of time to be specified by the commission, which shall not exceed five years unless extended by the city commission for due cause shown. Such guarantee may include the submission of a performance bond in an amount as set by the city commission.

(f)

The violation of any provision of the plan once adopted as a part of this chapter as a PD district under the provisions provided herein, shall constitute a violation of this chapter and the binding agreement entered into above subsection (e).

(g)

All PD projects shall follow and comply with the preliminary and final plat procedures listed in the Brunswick Subdivision Ordinance.

(h)

Upon approval of the rezoning to a PD district, the concept plan and written narrative shall become a part of the ordinance for rezoning which shall be recorded and shall be binding on all future development and use within the rezoned PD property and development.

(i)

Building permits and public improvements shall not be authorized or installed for any PD development until final approval has been granted by the city commission.

(j)

Any major modifications to an approved PD concept plan must be submitted to the building official and any modification determined to be major, to the planning and appeals commission for review and recommendation for approval or dis-approval to the city commission. A minor modification is defined as a change in design or use that is in keeping with the original intent and character of the PD.

(k)

If no building permit for an approved PD development is issued within twelve months from the date of approval of any such PD rezoning, the mayor and city council may, on its own motion, cause the property to revert to its original zoning category but only after written notice to the applicant for rezoning offering a reasonable opportunity to oppose the intended reversion. In no event shall a property remain rezoned as PD for a period of more than three years without the issuance of a building permit. In such case, the property shall revert to its previous zoning classification unless such action is altered by the city commission.

(Ord. No. 1081, 9-20-2023)

The planning and appeals commission and the governing body shall consider the following standards in considering any conditional use permit application, giving due weight or priority to those factors that are appropriate to the circumstances of each proposal:

(1)

The type of street providing access to the subject property is adequate to serve the proposed conditional use permit.

(2)

Access into and out of the property adequately provides for traffic and pedestrian safety, the anticipated volume of traffic flow, and access by emergency vehicles.

(3)

Public facilities such as schools, water or sewer utilities, and police or fire protection are adequate to serve the conditional use permit.

(4)

Refuse, service, parking and loading areas on the property are located and screened to protect other properties in the area from such adverse effects as noise, light, glare or odor.

(5)

The hours and manner of operation of the conditional use permit have no adverse effects on other adjacent or surrounding properties.

(6)

The height, size and location of the buildings or other structures proposed on the property are compatible with the height, size or location of buildings or other structures on neighboring properties.

(Ord. No. 1081, 9-20-2023)

A rezoning or conditional use permit application may be withdrawn at any time at the discretion of the person or entity initiating such a request upon notice to the director, up until the public hearing by the planning and appeals commission is closed.

If the applicant withdraws the application prior to the publication of notice for public hearing before the board, the application shall be withdrawn administratively by the director without restriction on the refiling of a proposed zoning change or conditional use permit on the property in the future.

If the applicant withdraws the application after notice has been published or is irretrievably set for publication but the application has not been heard by the planning and appeals commission, the application shall be withdrawn administratively by the director and an application for rezoning or conditional use permit on the property may not be resubmitted for six months from the date of withdrawal.

If the request for withdrawal is made at the planning and appeals commission public hearing on the case, the request may be approved by a majority vote of the PAC, but an application for a rezoning or conditional use permit on the property may not be resubmitted for six months from the date of withdrawal.

If the request for withdrawal is made by the applicant following the planning and appeals commission public hearing, the application shall remain on the governing body public hearing agenda and the withdrawal request shall be considered for approval or denial, with or without prejudice, by the governing body.

If denied, a rezoning or conditional use permit request affecting the same property shall not be reconsidered for a period of six months from the date of denial.

(Ord. No. 1081, 9-20-2023)

The governing body shall hold a public hearing on the rezoning or conditional use permit application. If the planning and appeals commission makes a recommendation on the rezoning or conditional use permit application at the date of its public hearing or within a time frame sufficient for the public hearing by the governing body to be held as scheduled, the governing body shall proceed with the advertised public hearing.

If the planning and appeals commission does not make a recommendation on the rezoning or conditional use permit application before the scheduled and advertised public hearing to be held by the governing body, the city clerk shall schedule a new date for the public hearing by the governing body and will provide notice of said rescheduled public hearing at least 15 days but not more than 45 days prior to the public hearing. Said notice shall be accomplished by notice in a newspaper of general circulation in the city, posting of a sign on the property, and notice to adjacent property owners just the same as required by this chapter for the initial application.

(Ord. No. 1081, 9-20-2023)

A concept plan that is part of a rezoning or conditional use permit application may be revised and resubmitted by the applicant during the process, but in no event shall a revised concept plan resubmitted by an applicant be accepted or considered less than ten calendar days prior to the public hearing by the governing body. At its discretion, the governing body may refer an application involving a concept plan revised after its consideration by the planning and appeals commission back to the planning and appeals commission for additional study and recommendation.

(Ord. No. 1081, 9-20-2023)

No action shall be taken on a rezoning or conditional use permit application by the governing body until it has received a recommendation by the planning and appeals commission, or upon the expiration of the 65-day review period of the PAC. In rendering a decision on a rezoning or conditional use permit application, the governing body shall consider all information supplied by the applicant, the director, and the PAC, any information presented at the public hearing of the PAC, and information gained at its own public hearing.

After conducting a public hearing, in taking action on an application, the governing body may:

(1)

Approve the application as submitted by ordinance which requires two readings for a rezoning application and one reading for a conditional use permit application.

(2)

Approve the application with conditions which requires two readings for a rezoning application and one reading for a conditional use permit application.

(3)

Deny the proposal, which shall not require a second reading.

(4)

Table the proposal for consideration at its next scheduled meeting.

(5)

Refer the application back to the planning and appeals commission for further consideration, with notice of public hearings before the PAC and governing body, the same as required for the initial application.

(6)

Refer the application back to the planning and appeals commission for further consideration, without the requirement to hold public hearings and provide notice thereof.

(Ord. No. 1081, 9-20-2023)

In ruling on any rezoning in which the applicant has brought a constitutional challenge to the existing zoning classification, the governing body shall pay particular attention to the following criteria which have been applied by state courts in zoning matters:

(1)

Existing uses and zoning of the subject and nearby property;

(2)

The extent to which property values are diminished by the particular zoning restrictions;

(3)

The extent to which the destruction of property values, if any, promotes the healthy, safety, morals or general welfare of the public;

(4)

The relative gain to the public, as compared to the hardship, if any, imposed upon the individual property owner;

(5)

The suitability of subject property for zoned purposes;

(6)

The length of time the property, if vacant, has been vacant as zoned considered in the context of land development in the areas and the vicinity of the property.

The existing zoning classification shall be considered presumptively valid and it shall be the responsibility of the applicant to present evidence that rebuts this presumption. If the governing body determines, from the evidence presented, that the existing zoning classification is unduly burdensome to the applicant and is not offset by the considerations of the public's health, safety, morals and general welfare, and considerations of the integrity of this Code and of the official zoning map, the governing body may impose upon said property any appropriate zoning classification, including conditions, which might be consistent with these considerations, the comprehensive plan, and the criteria described in this chapter.

(Ord. No. 1081, 9-20-2023)

This chapter is intended to comply with the provisions of the Georgia Zoning Procedures Law, O.C.G.A. § 36-66 et seq., which Act is incorporated by reference in its entirety into this Code. Where any provision of this chapter is in conflict with any provision of the law, the law shall control. Or where this chapter is incomplete in having failed to incorporate a provision necessarily required for the implementation of the law, such provision of the law, so as to meet the mandate of the law, shall be fully complied with, except that where an application to annex property into the city is initiated by the governing body, only those notice requirements and public hearing procedures set forth in O.C.G.A. § 36-66-4(d) shall be required for zoning of property to be annexed into the city, notwithstanding any other procedures or requirements set forth in this Code.

(Ord. No. 1081, 9-20-2023)

An area proposed for annexation into the city shall first be considered for zoning prior to its annexation. Consideration of the zoning shall be subject to the same procedures, standards, and requirements for any rezoning as contained in this Code, except as specifically modified by this chapter.

(Ord. No. 1081, 9-20-2023)

An application for annexation for any property or properties contiguous to the city may be initiated by the governing body, planning and appeals commission, owner of the property, or some other person(s) given authorization by property owner to file said application. Unless initiated by the governing body or the PAC, all such applications shall be initiated by the owner of a majority interest in the property affected.

Any applicant wishing to submit an application for annexation must schedule an appointment with the planning, development and codes department staff in order to review the application for completeness. No such application shall be accepted for processing by the director unless it meets the requirements of this section. Incomplete or improper applications will be returned to the applicant. The director is hereby authorized to establish administrative deadlines for the receipt of applications.

Any applicant wishing to file an application for a planned development zoning district must schedule a conference with the PDC department staff at least 15 days prior to filing an application and shall submit the additional application materials required for a PD district as outlined in this chapter for a zoning change application.

(Ord. No. 1081, 9-20-2023)

Any applicant wishing to withdraw a proposed annexation request shall comply with the withdrawal procedures as outlined in this chapter for rezoning applications and conditional use permit with the exception that there shall be no waiting period for reapplication upon withdrawal or denial of an annexation request.

(Ord. No. 1081, 9-20-2023)

Applications for annexation shall include the following requirements:

(1)

Application form. A completed application. All applications shall be submitted to the department of planning, development and codes on the department's application forms.

(2)

Fee. All applications shall be accompanied by a non-refundable fee as fixed from time to time by the governing body. A fee shall not be charged if the governing body or the planning and appeals commission initiate the application.

(3)

Letter of cost estimate. A letter of cost estimate must be obtained from the Glynn Brunswick Joint Water and Sewer Commission if an applicant wishes to have the city share in the cost of sanitary sewer line extension.

(4)

Plat or boundary survey. A plat or boundary survey of the property or properties involved in the application. Provide one scaled and folded copy, and one 8.5"×11" or 11"×17" reproducible size copy.

(5)

Legal description. A paper copy and an electronic copy of the legal description of the property that corresponds with the property or properties shown on the submitted boundary survey/plat.

(6)

Written narrative. A written narrative should indicate at a minimum:

a.

The purpose of the request, proposed use, economic and environmental impacts as well as overlay zones or protection areas in which the property is located.

b.

Any planned developments shall include a narrative which fully describes the concept plan and must include at a minimum the proposed use, setbacks, right-of-way widths, building heights, signage, whether the applicant wishes the city to maintain the road(s) as well as identify any overlay zones or protection areas that may affect the use.

(7)

Concept plan. An application for annexation approval related to a residential subdivision, multi- family, or nonresidential use or zoning district shall be accompanied by a concept plan if any new construction is proposed or alteration of the site is required under the site or development design standards of this Code. An as-built drawing (rather than a concept plan) indicating the most current development conditions must be submitted with those applications regarding existing developments that are not to be altered. The concept plan shall meet the requirements of section 23-3-5. The applicant shall submit 15 scaled and folded copies, folded to fit into an 8"×10" size envelope, and one 11"×17" reproducible copy.

(8)

Development of regional impact. Any annexation application that would result in a zoning or development approval that meets or exceeds the thresholds established by the state department of community affairs shall be considered a development of regional impact (DRI), and as such, shall comply with the procedures set forth in division 5, development of regional impact.

The director may request information in addition to that specified in this section when considered necessary for review of the application by the governing body or planning and appeals commission.

Anyone filing an application may be exempt from the above submittal requirements of this section, provided the application is for annexation with a zoning classification of a residential district does not involve a subdivision development, and includes the fee, plat or boundary survey, legal description and written narrative.

(Ord. No. 1081, 9-20-2023)

The concept plan shall show the following, as appropriate to the annexation requested:

(1)

Name, address and telephone number of the property owner.

(2)

Name, address and telephone number of the applicant.

(3)

Date of survey, north point and graphic scale, source of datum, date of plan drawing, and revision dates, as appropriate.

(4)

Proposed use of the property.

(5)

Location (land district and land lot) and size of the property in acres (or in square feet if less than an acre).

(6)

Location map of the property in relation to the surrounding area with regard to well-known landmarks such as arterial streets or railroads. Location maps must be drawn at a scale sufficient to show clearly the information required, but not less than one inch equal to 2,000 feet. U.S. Geological Survey maps may be used as a reference guide.

(7)

Zoning district classification of the subject property and all adjacent properties, and zoning district boundaries as appropriate.

(8)

Natural features within the property, including drainage channels, bodies of water, wooded areas and other significant natural features such as rock outcroppings. On all water courses entering or leaving the property, the direction of flow shall be indicated. The 100-year flood plain, if any, shall be outlined.

(9)

Man-made features within and adjacent to the property, including existing streets and names, city and county political boundary lines, and other significant information such as location of bridges, utility lines, existing buildings to remain, and other features as appropriate to the nature of the request.

(10)

The proposed project layout including the following:

a.

For subdivisions, approximate lot lines and street right-of-way lines, along with the front building setback line on each lot;

b.

For multi-family and non-residential development projects, the approximate outline and location of all buildings, and the location of all minimum building setback lines, outdoor storage areas, buffers, parking areas, and driveways.

(11)

The proposed phasing of the development if it is proposed to be built in sections.

(12)

A statement as to the source of domestic water supply.

(13)

A statement as to the provision for sanitary sewage disposal.

(14)

The approximate location of proposed stormwater detention facilities.

(15)

Such additional information as may be useful to permit an understanding of the proposed use and development of the property.

(Ord. No. 1081, 9-20-2023)

Applications for annexation with a zoning classification of PD, planned development district shall in addition to the other requirements specified in this article include those additional application materials required for a PD district as outlined in article XVI.

(Ord. No. 1081, 9-20-2023)

In addition to the process and procedures for a rezoning or conditional use permit request as outlined in this Code, there are additional steps to be taken when processing applications for annexation.

(1)

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 governing body shall initiate the zoning of the property to be annexed or consider an application for a zoning submitted by or on behalf of the owner of such property under the provisions of this chapter.

(2)

The planning commission and the governing body shall conduct their public hearings on the zoning prior to the annexation of the land into the city. Notice of such hearing shall be provided under the provisions of this Code for a rezoning or conditional use permit; provided further that the notice shall be published in a newspaper of general circulation in the county.

(3)

If the annexation request is denied, any action by the governing body on the zoning shall be null and void.

(4)

Furthermore, there are mandatory reports required that must be submitted to local, state and federal agencies. Such reports and documents shall be prepared by and submitted by the PAC department on behalf of the applicant.

(Ord. No. 1081, 9-20-2023)

The planning and appeals commission and the governing body shall consider the following standards in considering any annexation proposal, giving due weight or priority to those factors that are appropriate to the circumstances of each proposal. In addition, any application that proposes a change in the conditions of approval previously established by the governing body through action on an annexation shall be reviewed in light of the standards set forth in this section, as appropriate.

(1)

Is the proposed use suitable in view of the zoning and development of adjacent and nearby property?

(2)

Will the proposed use adversely affect the existing use or usability of adjacent or nearby property?

(3)

Is the proposed use compatible with the purpose and intent of the comprehensive plan?

(4)

Are their substantial reasons why the property cannot or should not be used as currently zoned?

(5)

Will the proposed use cause an excessive or burdensome use of public facilities or services, including but not limited to streets, schools, water or sewer utilities, and police or fire protection?

(6)

Is the proposed use supported by new or changing conditions not anticipated by the comprehensive plan or reflected in the existing zoning on the property or surrounding properties?

(7)

Does the proposed use reflect a reasonable balance between the promotion of the public health, safety, morality, or general welfare and the right to unrestricted use of property?

(Ord. No. 1081, 9-20-2023)

In addition to the requirements for annexation applications specified in this chapter, approval proceedings for annexation with PD zoning/development approval shall comply with the additional procedures and criteria for PD zoning/development as outlined in article XV and article XVI for a zoning change.

(Ord. No. 1081, 9-20-2023)

The zoning of property hereafter annexed shall become effective on the day the zoning is approved by the governing body, on the date that the annexation becomes effective, or where a county has interposed an objection pursuant to O.C.G.A. § 36-36-11, the date provided for in O.C.G.A. § 36-36-11(b)(8), whichever is later.

(Ord. No. 1081, 9-20-2023)

If approved, any newly annexed property shall be zoned the most restrictive of the city's zoning code, R-9, unless otherwise specified by the city commission upon annexation.

The zoning classification shall become effective on the later of:

(1)

The date the zoning is approved by the municipality;

(2)

The date that the annexation becomes effective;

(3)

Where the county has interposed an objection, pursuant to O.C.G.A. § 36-36-11, 28 calendar days following the completion of the annexation authorized by the governing body.

(Ord. No. 1081, 9-20-2023)

No application for a land development or building permit shall be filed on newly annexed property until the first of the month following the effective date of the annexation approval.

(Ord. No. 1081, 9-20-2023)

Any use existing at the time of annexation approval on property annexed by the city which does not comply with the use provisions of the city's zoning district assigned to said annexed property shall be considered a nonconforming use which shall be governed by section 23-3-15.

(Ord. No. 1081, 9-20-2023)

Lands hereafter annexed into the city limits shall, upon the effective date of such annexation, be subject to all applicable procedural and substantive requirements of this Code as now or hereafter amended. Any new use of an annexed property after zoning approval shall only be permitted if it conforms to all applicable provisions of this Code.

(Ord. No. 1081, 9-20-2023)

Understanding the demands placed on the community's transportation network by development is an important dimension of assessing the overall impacts of development proposals. All development generates traffic, and it may generate enough traffic to create congestion and thus require the community to invest more capital funds into the transportation network in the form of new roads, traffic signals, and intersection improvements. Traffic congestion results in a number of problems, including economic costs due to delayed travel times, air pollution and accidents. A traffic impact analysis is a mechanism for the city to foresee the demands a development proposal will place on the transportation network.

(Ord. No. 1081, 9-20-2023)

The city finds that requiring a traffic impact analysis for proposed developments that meet certain thresholds will help to achieve the following objectives:

(1)

Forecast additional traffic associated with new development, based on accepted practices.

(2)

Determine the improvements that are necessary to accommodate the new development.

(3)

Allow the city to assess the impacts that a proposed development may have and assist the city in making decisions regarding development proposals.

(4)

Help to ensure safe and reasonable traffic conditions on streets after the development is complete.

(5)

Reduce the negative impacts created by developments by helping to ensure that the transportation network can accommodate the development.

(6)

Protect the substantial public investment in the street system.

(7)

Provide information relevant to citywide comprehensive planning, transportation planning, transit planning, and the provision of programs and facilities for traffic safety, road improvements, transportation demand management, pedestrian access, and other transportation system considerations.

(Ord. No. 1081, 9-20-2023)

The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

City engineer: The city engineer of the City of Brunswick, or his or her designee.

Discretionary development proposal: Any application for a rezoning, preliminary plat, conditional use permit, final design plan approval, or certificate of appropriateness. For purposes of this Code, a determination of applicability shall be made at the first discretionary development proposal encountered.

Horizon year: Unless otherwise specified or approved by the city engineer, the horizon year shall be 20 years into the future from the year during which a traffic impact study is being prepared.

Internal trips: Trips that are made within a multi-use or mixed-use development, by vehicle or by an alternate mode such as walking.

Level of service (LOS): A quantitative and qualitative measure of how well traffic flows on a given street or highway. Level of service relates to such factors as highway width, number of lanes, percentage of trucks, total traffic volume, turning movements, lateral clearances, grades, sight distance, capacity in relation to volume, travel speed, and other factors which affect the quality of flow. Level of service is typically summarized by letter grades described as follows:

Level "A" is a condition with low traffic volumes, high speeds, and free-flow conditions.

Level "B" is a condition with light traffic volumes, minor speed restrictions, and stable flow.

Level "C" is a condition with moderate traffic volumes, where speed and maneuvering are restricted to a limited degree by the amount of traffic.

Level "D" is a condition with heavy traffic operating at tolerable speeds, although temporary slowdowns in flow may occur.

Level "E" is a condition of very heavy flow and relatively low speeds. Under Level "E" the traffic is unstable and short stoppage may occur.

Level "F" is a condition of extremely heavy flow, with frequent stoppage and very slow speeds. It is an unstable traffic condition under which traffic often comes to a complete halt.

New trips: Total vehicle trips, minus pass-by trips, minus internal trips if applicable.

PDC director: The director of planning, development and codes for the City of Brunswick, or his or her designee.

Pass-by trips: Vehicle trips which are made by traffic already using the adjacent roadway and entering the site as an intermediate stop on the way to another destination.

Peak hour: 7:00 a.m. to 8:00 a.m. and 5:00 p.m. to 6:00 p.m. daily.

Peak-hour trip generation study: A study by a qualified professional of one or more actual developments of similar land use and development characteristics which provides empirical data on the actual number of trips entering and exiting said development(s) during the a.m. and p.m. peak hour. A peak-hour trip generation study shall consist of a.m. and p.m. peak hour traffic counts by direction (entering and exiting) on at least three separate weekdays if the study is based on only one similar development, or at least one a.m. and p.m. traffic count for three different actual developments. The results of actual traffic counts from peak-hour trip generation studies may be adjusted to discount pass-by trips as provided in this chapter.

Professionally accepted: Published by the Institute of Transportation Engineers; or prepared by a qualified professional under work supervised by the city or Glynn County, or prepared by a qualified professional and accepted by the city engineer.

Qualified professional: For purposes of conducting traffic impact analyses as may be required by this chapter, a qualified professional shall mean a registered professional engineer with experience in traffic engineering. For purposes of conducting peak hour trip generation studies, a qualified professional shall mean a registered professional engineer with experience in traffic engineering, or another professional approved by the city engineer based on education and experience to conduct such trip generation studies.

Traffic impact analysis: A study, conducted by a qualified professional, which assesses the effects that a discretionary development proposal's traffic will have on the transportation network in a community or portion thereof. Traffic impact studies vary in their range of detail and complexity depending on the type, size, and location of the proposed development.

Trip: A single or one-directional travel movement with either the origin or destination of the trip inside the study site.

Trip generation: An estimate of the number of vehicle trips that will be generated due to the new development, which is calculated based on the type and amount of land uses in the proposed development and professionally accepted trip generation rates for each such land use. Trip generation may be expressed on an average daily basis or average peak hour (a.m., p.m.), or both.

(Ord. No. 1081, 9-20-2023)

A traffic impact study shall be required for any discretionary development proposal which can be reasonably expected to generate 1,000 vehicle trip ends during a single day and/or more than 100 vehicle trips during the morning or afternoon peak hours, as determined by professionally acceptable information as provided in this chapter.

(Ord. No. 1081, 9-20-2023)

(a)

A traffic impact analysis is not required if a discretionary development proposal is initiated by the governing body or the planning and appeals commission.

(b)

A discretionary development proposal may be exempted from the traffic impact study requirement by the city engineer if a prior traffic impact study for the subject property has been submitted to the city or is available from Glynn County and the proposed development is substantially similar to that for which the prior traffic impact study was conducted.

(Ord. No. 1081, 9-20-2023)

The source for trip generation rates for the purposes of this Code shall be "Trip Generation" published by the Institute of Transportation Engineers (ITE), most recent edition, unless otherwise approved by the city engineer. Final determinations of whether this chapter applies shall be made based on application of data from ITE Trip Generation, which may change from time to time, or as otherwise approved by the city engineer.

(Ord. No. 1081, 9-20-2023)

At the time a discretionary development proposal is filed, or during any pre-application meeting if possible, the PDC director shall determine whether a traffic impact analysis shall be required according to this chapter. The PDC director shall calculate the expected trip generation of the proposed development using professionally accepted trip generation rates or other data and compare it to the thresholds specified in this chapter to determine whether a traffic impact analysis is required. The city engineer shall assist in this effort by providing the director with any updated information available on trip generation rates.

Applicants for discretionary development proposals shall provide sufficient information about the development proposal (e.g., number of dwelling units, square footage of buildings, number of employees, land area of the development, etc.) for the PDC director to apply professionally accepted trip generation rates to the proposed development. The director shall not accept a discretionary development proposal for processing unless it contains the data on the proposed development necessary to apply available trip generation rates. Further, no application for a discretionary development proposal shall be accepted nor advertised for a public hearing until such time as the transportation impact study, if required, has been completed and submitted in accordance with this chapter.

(Ord. No. 1081, 9-20-2023)

In the event that information submitted by the applicant of the discretionary development proposal is sufficient to calculate the trip generation that would be expected to result from the proposed development, but trip generation rates or other data are not available or in sufficient quantity of studies to make a determination of applicability under the terms of this chapter, this section shall apply.

(1)

The director shall first consult with the city engineer to determine if:

a.

Professionally acceptable trip generation rates applicable to the subject development exist from other reputable sources, such as the Journal of the Institute of Transportation Engineers;

b.

Other trip generation studies of similar developments are available; or

c.

Professionally acceptable trip generation rates for one or more similar land uses can be used in making the determination of applicability.

If the city engineer is able to provide such information and determines it is professionally reputable, then the director shall use said data as may be interpreted by the city engineer to make the determination of applicability. The director and city engineer shall have no more than ten working days to comply with the provisions of this section, when it applies.

(2)

In the event the director is unable to make a determination of applicability after consulting with the city engineer pursuant to this section, the director shall notify the proposed applicant in writing that professionally accepted trip generation rates are not available for purposes of making a determination of applicability.

(3)

Upon receipt of notice described in this section, the applicant for a discretionary development proposal shall have 30 days to have a qualified professional prepare and submit a peak-hour trip generation study as defined by this chapter.

(Ord. No. 1081, 9-20-2023)

(a)

Discounting of pass-by trips. The peak-hour trip generation study may subtract from the empirical data on actual vehicle trips those trips that are reasonably considered to be "pass-by" trips as defined by this chapter, using professionally accepted assumptions about the percent of pass-by trips approved by the city engineer.

(b)

Reduction for internal trips in multi-use or mixed use developments. In calculating the new trips generated from a proposed development containing multiple uses or mixed uses, a qualified professional with the approval of the city engineer may apply a percentage reduction to the total vehicle trips shown in any peak hour trip generation study to account for internal trips, as defined in this chapter, so as to account for (discount) the number of internal trips reasonably expected to occur in such multi-use or mixed use development. Said reduction shall not exceed 24 percent of total trips generated.

(Ord. No. 1081, 9-20-2023)

Once it is determined that a traffic impact analysis is required, a scoping meeting may be held with the developer or his or her consultant and the appropriate representatives of the city engineering department and if appropriate, the PDC department. It will be the responsibility of the developer or his or her consultant to initiate this meeting. The purpose of this meeting is to discuss the availability of site-specific information concerning the development, available forecasts of traffic volumes, and to ensure the applicant understands the content requirements for traffic impact analyses.

(Ord. No. 1081, 9-20-2023)

A traffic impact analysis must evaluate the adequacy of the existing transportation system to serve the proposed development and determine the expected effects of the proposed development on the transportation system. The traffic impact study must provide adequate information for city staff to evaluate the development proposal and, when appropriate, recommend conditions of approval.

The qualified professional preparing the traffic impact study is encouraged to coordinate preparation with city staff and staff from other jurisdictions, as appropriate, to ensure that all necessary components are included in the traffic impact study and to reduce revision and review time.

In order to be reviewed, the traffic impact study shall include at least the following minimum components:

(1)

Title page. A title page listing the name of the proposed development and its location.

(2)

Table of contents. A table of contents outlining the study shall be provided.

(3)

Certification. The study shall be signed and stamped by a qualified professional.

(4)

Executive summary. An executive summary, discussing the development, the major findings of the analysis, and any recommendations made by the qualified professional.

(5)

Vicinity map. A vicinity map showing the location of the proposed project in relation to the transportation system of the area.

(6)

Study area map. A map of the traffic impact study area. For purposes of this chapter, the traffic impact analysis area shall be determined according to trip generation rates as follows. In the event there is a difference as a result of applying peak and total trips, the more restrictive requirement (larger study area) shall apply.

Study Area Size Requirements

(7)

Inventory of transportation facilities in the study area. A description of transportation facilities in the study area, including roadway names, locations and functional classifications, intersection lane configurations and traffic control (including signal timing), existing rights-of-ways, transit routes and stops (if any), pedestrian and bicycle facilities, and planned transportation system improvements. An existing lane configuration sketch shall be submitted for all roadways and intersections within the study area.

(8)

Concept plan and development data. A complete description of the proposed development, including a concept plan, with the best available information as to the nature and size of each proposed use, and the proposed location and traffic control of all proposed access points, including the distance from all proposed access points to adjacent accesses and/or streets, including those across a street right-of-way from the subject development.

(9)

Existing traffic volumes. Peak and total daily traffic volumes on all arterial, collector, and local streets within the study area. Traffic counts should, as a rule, not be more than one year old when the report is prepared. Traffic counts between one and three years old may be used if factored to the current year. Traffic counts older than three years will not be accepted.

(10)

Facility performance. Existing performance of the transportation system, including levels of service (LOS) and volume/capacity ratios (V/C) for all intersections and road segments as appropriate within the study area.

(11)

Trip generation. Complete trip generation figures for all aspects of the proposed development. The source for trip generation rates shall be "Trip Generation" published by the Institute of Transportation Engineers (ITE), most recent edition. For developments expected to generate more than 30 trucks per day, the trip generation data shall include separate figures for trucks. If phased development is proposed, the study shall include projections for the year that each phase of the development is planned to be complete. The traffic impact analysis shall also include trip generation data for any pending and approved developments that would affect the study area. The city shall facilitate the review of applicable files by a qualified professional to determine the names and development characteristics of pending and approved developments in the study area.

(12)

Trip distribution and assignment. Trip distribution for the proposed development. For developments expected to generate more than 30 truck trips per day, the study shall include separate trip distribution figures for trucks.

(13)

Forecast traffic volumes without the development. Forecast traffic volumes without the development, on all arterial, collector, and local roads within the study area, in the year that the proposed development is planned to commence, and in the horizon year. Qualified professionals should consult the city engineer for information to determine the most appropriate sources or methods of determining future traffic volumes. If phased development is proposed, the traffic impact study shall include projections for the year that each phase of the development is planned to be complete.

(14)

Forecast performance without the development. Forecast performance, including levels of service (LOS) and volume/capacity ratios (V/C) of the transportation system without the development in the year that each phase is planned to be complete and in the horizon year.

(15)

Forecast traffic volumes with the development. Forecast traffic volumes with the development, on all arterial, collector, and local roads within the study area, in the year that the proposed development is planned to commence, and in the horizon year.

(16)

Forecast performance with the development. Forecast performance, including levels of service (LOS) and volume/capacity ratios (V/C) of the transportation system with the development in the year that each phase is planned to be complete and in the horizon year.

(17)

Sight distance. A safety analysis of the site accesses, and an assessment whether adequate sight distances are provided at driveways and streets abutting the development.

(18)

Operational characteristics. Analysis of prevailing operating speeds, if significantly different than speed limits, right and left turn lane warrants, queue lengths, acceleration and deceleration lanes including lengths and tapers, throat lengths, channelization, and other characteristics of the site accesses, which exist and may be needed, as appropriate. The traffic impact analysis shall address whether driveways and intersections are located and spaced safely and designed to accommodate expected traffic volumes and maneuvers. The operational characteristics analysis shall also evaluate the turning and traveling characteristics of the vehicles that will be using the proposed development and the adequacy of the geometrics of the existing and proposed roadway (public and/or private) configurations to accommodate these characteristics.

(19)

On-site circulation. The traffic impact analysis shall address whether on-site vehicular and pedestrian circulation and parking layouts are safe and efficient.

(20)

Significant impacts. Analysis as appropriate of any potential adverse or controversial effects of the proposed development on the transportation system in the area. Examples of possible effects include, but are not limited to, infiltration of non-residential traffic into residential neighborhoods, traffic noise, creation of potential for traffic violations, conflicting turning movements with other driveways, any new pedestrian or bicycle transportation needs arising from the development, etc.

(21)

Mitigation measures. Listing of all intersections and road segments that are forecasted to be level of service "E" and "F" in the horizon year, or if phased, in the years that each phase is planned to be complete, and an identification and description of specific mitigation measures including signal, turn lane, or other warrant analyses as appropriate and necessary to bring these intersections and road segments into compliance with a level of service "D" or other city-adopted level of service for said road segment or intersection.

(22)

Drawing of improvements. If roadway improvements are needed, the study shall show a drawing at an engineering scale of one inch equals 20 feet for all recommended lane configurations.

(23)

Signalization. If signalization is warranted by the traffic signal warrants outlined in the Manual on Uniform Traffic Control Devices (MUTCD), a warrant analysis shall also be conducted as a part of the traffic impact analysis. If a traffic signal is warranted, the warrant package in the study shall show a drawing at an engineering scale of one inch equals 20 feet detailing the signal design and phasing plans.

(24)

Costs. The estimated costs associated with implementing all such mitigation measures shall be provided in the traffic impact analysis. The traffic impact analysis may take into account any city/county/state approved roadway, traffic signalization, and other improvements in determining mitigation measures and providing recommendations.

(25)

References. A listing of all technical documents and resources cited or consulted in preparing the traffic impact analysis.

(26)

Technical appendix. Relevant technical information, including but not limited to: copies of raw traffic count data used in the analysis, calculation sheets and/or computer software output for all LOS and V/C calculations in the analysis, and warrant worksheets for signals, turn lanes, signal phasing, etc. used in the analysis.

(Ord. No. 1081, 9-20-2023)

The city engineer is further authorized to promulgate and require the use of additional technical specifications for conducting traffic impact analysis, which shall be consistent with analysis methods included in the most recent Highway Capacity Manual, Manual on Uniform Traffic Control Devices, and/or Traffic Access and Impact Studies for Site Development: A Recommended Practice (Washington, DC: Institute of Transportation Engineers, 1991), as may be amended or republished from time to time.

(Ord. No. 1081, 9-20-2023)

The city assumes no liability for any costs or time delays (either direct or consequential) associated with the preparation and review of traffic impact analyses.

(Ord. No. 1081, 9-20-2023)

The applicant for the proposed development or the qualified professional shall submit one electronic copy of the traffic impact study and technical appendix, six paper copies of the traffic impact analysis, and one paper copy of the technical appendix to the director. The director shall transmit the electronic copy, one paper copy of the traffic impact study and the paper copy of the technical appendix to the city engineer, who may at his or her discretion submit copies of the report to applicable review agencies such as the state department of transportation, the metropolitan planning organization, or an adjacent local jurisdiction. Within ten working days of receipt of a traffic impact analysis, the city engineer shall review all calculations and analyses and determine if they are complete, reasonable, understandable, consistent, and fully explained. The conclusions presented in the traffic impact analysis shall be consistent with and supported by the data, calculations, and analyses in the report. Calculations, graphs, tables, data, and/or analysis results that are contrary to good common sense or not consistent with and supported by the data will not be accepted. In such events, the city engineer shall return the traffic impact analysis to the development applicant for correction.

(Ord. No. 1081, 9-20-2023)

Within 30 working days of receipt of a completed traffic impact study, the city engineer shall complete his or her review the study and submit to the director all recommendations for mitigation measures as stated in the traffic impact study and include any interpretations or recommended conditions of approving the discretionary development proposal that will mitigate traffic impacts of the proposed development.

(Ord. No. 1081, 9-20-2023)

Upon the determination of project improvements needed to mitigate the traffic impacts of the discretionary development proposal as provided in this chapter, the director shall recommend that the project improvements be completed by the developer as conditions of approval of the discretionary development proposal.

(Ord. No. 1081, 9-20-2023)

An applicant for a discretionary development proposal may appeal a decision of the city engineer or the PDC director in the administration and interpretation of this chapter to the planning and appeals commission as an appeal of an administrative decision as provided in this Code.

(Ord. No. 1081, 9-20-2023)

The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

DRI review initiation request form: A form intended to provide additional information about the proposed project to the regional commission (RC), the submission of which serves as an official request that the DRI review process be started by the RC.

Initial DRI information form: A form intended to identify basic information about a proposed development of regional impact on which a local government is being requested to take action, and which provides information to the regional commission (RC). This form notifies the RC of a potential development of regional impact in order for the RC to meet its responsibilities within the DRI review process.

Regional development center: The coastal regional center.

(Ord. No. 1081, 9-20-2023)

This chapter shall apply when an applicant (industry, business, or developer) requests some type of local government action related to a project, such as, but not limited to, a request for a zoning change or conditional use, zoning variance, permit, hookup to a water or sewer system, master or site plan approval, or entering into a contract, and it appears that the proposed development (or, for multi-phased projects, the complete development) meets the threshold(s) of a development of regional impact, according to "Rules of Georgia Department of Community Affairs, chapter 110-12-3, Developments of Regional Impact, effective July 1, 2001," as may be amended from time to time.

(Ord. No. 1081, 9-20-2023)

If a proposed development project is to be located in more than one jurisdiction and, in total, the proposed development meets or exceeds a DRI threshold, the local government in which the largest portion of the project is to be located is responsible for initiating the DRI review process.

(Ord. No. 1081, 9-20-2023)

The application procedures established in chapter XX-2 and chapter XX-3 will be modified by this chapter in cases where a rezoning or conditional use permit application, or an annexation application respectively, fits the definition of a "development of regional impact." Developments of regional impact will be processed according to procedures of the state department of community affairs as described in "Rules of Georgia Department of Community Affairs, chapter 110-12-3, Developments of Regional Impact, effective July 1, 2001," as may be amended from time to time.

When an application is received for development that meets or exceeds the thresholds established for that development type and thus constitutes a "development of regional impact" according to the aforementioned rules of the state department of community affairs, the city will follow the procedures identified in said administrative rules which are summarized here.

When an application for a development of regional impact is received, the PDC director or city engineer, on behalf of the city, will complete an "initial DRI information" form and a "DRI review initiation request" form. Each of these two forms may be submitted to the regional commission simultaneously, provided the city has all necessary project-related information.

The city shall not take any official legislative or administrative action to advance or further a DRI project until the review process identified under the DRI review procedure specified in "Rules of Georgia Department of Community Affairs, chapter 110-12-3, Developments of Regional Impact, Effective July 1, 2001," as may be amended from time to time, is completed. The city may undertake preliminary staff administrative functions associated with a proposed DRI including, but not limited to, project evaluation/assessment, site visits, and placing consideration of the application on a future agenda for formal action, if required. The city shall not take any official action related to such a project until the DRI review process is completed and the city has had adequate time to consider the DRI review comments.

After the DRI review process is completed, the city may proceed with whatever action it deems appropriate regarding the proposed project, although it is encouraged to take the public finding and additional comments into consideration as it makes its decision.

If the project receives a negative public finding from the regional commission and the city approves said project or takes action to advance said project, the city shall notify the regional commission and the state department of community affairs of its action and identify all local requirements it has placed on the development that could mitigate any negative findings identified in the DRI review process.

(Ord. No. 1081, 9-20-2023)

Persons may seek relief from compliance with the zoning-related requirements of this Code pursuant to this chapter when the strict application would create a particular and unique hardship, by filing an application for variance with the director for consideration by the planning and appeals commission in accordance with this chapter. Such relief may be granted only to the extent necessary to alleviate such unnecessary hardship and not as a convenience neither to the applicant nor to gain any advantage or interest over similarly zoned properties.

(Ord. No. 1081, 9-20-2023)

An application for a zoning variance for any property or properties in the city may be initiated by the governing body, planning and appeals commission, owner of the property, or some other person(s) given authorization by property owner to file said application.

Any applicant wishing to submit an application for a zoning variance request must schedule an appointment with the PDC department staff in order to review the application for completeness. No such application shall be accepted for processing by the director unless it meets the requirements of this section. Incomplete or improper applications will be returned to the applicant. The director is hereby authorized to establish administrative deadlines for the receipt of applications.

(Ord. No. 1081, 9-20-2023)

If denied, a variance request affecting the same property shall not be reconsidered for a period of 12 months from the date of denial; provided, however, that the planning and appeals commission may reduce the waiting period under extenuating circumstances or on its own motion. A request to reduce the waiting period must be asked for and acted upon by the planning and appeals commission during the public hearing at which the request was first considered.

(Ord. No. 1081, 9-20-2023)

Applications for zoning variance shall include the following:

(1)

Application form; a completed application. All applications shall be submitted to the PAC department on the department's application forms.

(2)

Fee. All applications shall be accompanied by a non-refundable fee as fixed from time to time by the governing body. A fee shall not be charged if the governing body or the planning and appeals commission initiate the application.

(3)

Plat or boundary survey. A plat or boundary survey of the property or properties involved in the application. Provide one scaled and folded copy, and one 8.5"×11" or 11"×17" reproducible size copy.

(4)

Statement of hardship. Form with various questions to be answered by an applicant in a manner describing how each situation applies to the application. The applicant may complete the questions on the form provided with the application, or the applicant can type the answers on a separate sheet of paper as part of the written narrative, identifying each component as such.

(5)

Written narrative. A written narrative should indicate at a minimum: the purpose of the request, proposed use, economic and environmental impacts as well as overlay zones or protection areas in which the property is located.

(6)

Architectural renderings. Architectural renderings for any proposed new construction or exterior alterations of the existing structure(s), including at a minimum:

a.

Roof pitch;

b.

Materials to be used on exterior;

c.

Basic landscaping proposed; and

d.

Building elevations.

If the architectural rendering is in a color format or is larger than an 11"×17" size copy, nine copies of the colored or large-scale rendering must be submitted with the completed application.

(7)

Concept plan. An application for a zoning variance approval related to a residential subdivision, multi-family, or non-residential use or zoning district shall be accompanied by a concept plan if any new construction is proposed or alteration of the site is required under the site or development design standards of this Code. An as-built survey (rather than a concept plan) indicating the most current development conditions must be submitted with those applications regarding existing developments that are not to be altered. The concept plan must be prepared by a professional engineer, or a registered land surveyor; landscape architect; or architect. The concept plan shall meet the requirements of section 9-22-6-5. The applicant shall submit nine scaled and folded copies, folded to fit into an 8"×10" size envelope, and one 11"×17" reproducible copy. The director may request information in addition to that specified in this section when considered necessary for review of the application.

(Ord. No. 1081, 9-20-2023)

The concept plan shall show the following, as appropriate to the variance requested:

(1)

Name, address and telephone number of the property owner.

(2)

Name, address and telephone number of the applicant.

(3)

Date of survey, north point and graphic scale, source of datum, date of plan drawing, and revision dates, as appropriate.

(4)

Proposed use of the property.

(5)

Location (land district and land lot) and size of the property in acres (or in square feet if less than an acre).

(6)

Location map of the property in relation to the surrounding area with regard to well-known landmarks such as arterial streets or railroads. Location maps must be drawn at a scale sufficient to show clearly the information required, but not less than one inch equal to 2,000 feet. U.S. Geological Survey maps may be used as a reference guide.

(7)

Zoning district classification of the subject property and all adjacent properties, and zoning district boundaries as appropriate.

(8)

Natural features within the property, including drainage channels, bodies of water, wooded areas and other significant natural features such as rock outcroppings. On all water courses entering or leaving the property, the direction of flow shall be indicated. The 100-year flood plain, if any, shall be outlined.

(9)

Man-made features within and adjacent to the property, including existing streets and names, city and county political boundary lines, and other significant information such as location of bridges, utility lines, existing buildings to remain, and other features as appropriate to the nature of the request.

(10)

The proposed project layout including:

a.

For residential development projects, approximate lot lines and street right-of-way lines, along with the building setback lines.

b.

For multi-family and non-residential development projects, the approximate outline and location of all buildings, and the location of all minimum building setback lines, outdoor storage areas, buffers, parking areas, and driveways.

(11)

The proposed phasing of the development if it is proposed to be built in sections.

(12)

A statement as to the source of domestic water supply.

(13)

A statement as to the provision for sanitary sewage disposal.

(14)

The approximate location of proposed stormwater detention facilities.

(15)

Such additional information as may be useful to permit an understanding of the proposed use and development of the property.

(Ord. No. 1081, 9-20-2023)

Before the planning and appeals commission may take final action on a proposed variance application, the PAC shall hold a public hearing on the proposal. At least 15 days but not more than 45 days prior to the public hearing before the PAC, notice shall be published in a newspaper of general circulation within the city. The published notice shall be prepared by the PDC department and shall include the location of the property, the present zoning classification of the property, the variance requested, and the date, time, and place of the public hearing before the planning and appeals commission.

(Ord. No. 1081, 9-20-2023)

At least 15 days but not more than 45 days prior to the public hearing, the city shall post a sign or signs stating the date, time and place of the public hearing before the planning and appeals commission, the present zoning classification and the proposed variance. One such sign shall be placed in a conspicuous location along each street frontage of the property for which the variance 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.

(Ord. No. 1081, 9-20-2023)

At least ten days prior to the planning and appeals commission public hearing, the applicant shall cause a notice to be mailed to all persons owning property located abutting or across any street from the property that is the subject matter of the variance application. The written notice shall be mailed to the property owners as such names and addresses appear on the county's ad valorem tax records. The notice shall state the date, time, place and purpose of the hearing by the PAC.

(Ord. No. 1081, 9-20-2023)

Within a reasonable period of time after acceptance of a complete application, the PDC director may but shall not be required to send the application or notice thereof out for review by internal municipal departments and external agencies, such as the development review team (DRT) as may be appropriate. Any written comments received in a timely manner as a result of such review shall be submitted for consideration to the planning and appeals commission and governing body, or summarized in a memorandum. Any such comments shall become public records.

The director may but shall not be required to investigate and make a recommendation regarding the variance application. Any such investigation and recommendation if in writing shall be made available to the applicant and planning and appeals commission prior to its public hearing and shall become public records. Copies of the director's findings and recommendations, if provided, shall be available no later than the time of the planning and appeals commission's public hearing on the matter.

(Ord. No. 1081, 9-20-2023)

The planning and appeals commission shall convene a public hearing on the variance application as provided in the public notice. The public hearing shall follow policies and procedures which govern calling and conducting public hearings established in section 23-27.4. The planning and appeals commission shall have 65 calendar days from the date of its public hearing within which to take final action on the variance application.

In rendering a decision on a variance application, the planning and appeals commission shall consider all information supplied by the applicant, the director, and any information presented at the public hearing of the PAC. After conducting a public hearing, in taking action on an application, the PAC may:

(1)

Approve the application as submitted.

(2)

Approve the application with conditions.

(3)

Deny the proposal.

(4)

Table the proposal for consideration at its next scheduled meeting, provided that it acts within its allotted 65-day review period.

The action of the planning and appeals commission on the variance application shall be final; provided, however, that any person adversely affected by any determination made by the PAC relative to the approval or denial of a variance application may appeal such determination to a court of competent jurisdiction in the manner provided by law.

(Ord. No. 1081, 9-20-2023)

The planning and appeals commission shall consider the following standards in considering any variance application, giving due weight or priority to those factors that are appropriate to the circumstances of each proposal:

(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 Code to this particular piece of property would create an unnecessary hardship; and

(3)

There are conditions that are peculiar to the property which adversely affect its reasonable use or usability as currently zoned.

(4)

Relief, if granted, would not cause substantial detriment to the public good or impair the purposes and intent of this Code.

(5)

There must be a proved hardship by showing beyond a doubt the inability to make a reasonable use of the land if the zoning ordinance were applied literally.

(6)

The hardship cannot be self-created; e.g., as in a case where the lot was purchased with the knowledge of an existing restriction.

(Ord. No. 1081, 9-20-2023)

A variance application may be withdrawn at any time at the discretion of the person or entity initiating such a request upon notice to the director, up until the public hearing by the planning and appeals commission is closed.

If the applicant withdraws the application prior to the publication of notice for public hearing before the planning commission, the application shall be withdrawn administratively by the director without restriction on the refiling of a proposed variance on the property in the future.

If the applicant withdraws the application after notice has been published or is irretrievably set for publication but the application has not been heard by the planning and appeals commission, the application shall be withdrawn administratively by the director and an application for variance on the property may not be resubmitted for six months from the date of withdrawal.

If the request for withdrawal is made at the planning and appeals commission public hearing on the case, the request may be approved by a majority vote of the PAC, but an application for a variance on the property may not be resubmitted for 12 months from the date of withdrawal. However, the planning and appeals commission may reduce the waiting period under extenuating circumstances or on its own motion. A request to reduce the waiting period must be asked for and acted upon by the PAC during the public hearing at which the request was first considered.

(Ord. No. 1081, 9-20-2023)

In no case shall a variance be granted for any of the following:

(1)

A condition created by the applicant, including the result of an unwise investment decision or real estate transaction.

(2)

A change in the conditions of approval imposed through a rezoning application approved by the governing body.

(3)

Reduction of a minimum lot size required by a zoning district.

(4)

Use of land or buildings or structures that is not permitted by the zoning district that is applicable to the property.

(5)

Any increase in the number of dwelling units or nonresidential building floor area otherwise permitted by the zoning district that is applicable to the property.

(Ord. No. 1081, 9-20-2023)

Approval of a zoning variance on a property located within the city shall be in full force and effect upon its approval by the planning commission and shall be effective for a period of 12 months. If no action is taken by the applicant to implement the purpose of the application within 12 months from the date of approval, said approval shall become null and void. A zoning variance shall be specific to the request made by the current applicant and shall not stay with the property, as is the case for a zoning change.

(Ord. No. 1081, 9-20-2023)

This Code may be amended from time to time in whole or in part by the governing body under the provisions of this section.

(Ord. No. 1081, 9-20-2023)

A text amendment may be initiated by the governing body or planning and appeals commission by a majority vote of those voting, or by the PDC director or other city departmental director.

(Ord. No. 1081, 9-20-2023)

A pre-application meeting with the director is required prior to filing a text amendment. Applications for text amendments shall require submittal of the following:

(1)

Application form. A completed application. All applications shall be submitted to the PDC department on the department's application forms, including signed and notarized signature of property owner.

(2)

Fee. All applications shall be accompanied by a non-refundable fee as fixed from time to time by the governing body. A fee shall not be charged if the governing body or the planning commission initiate the application.

(3)

Letter of intent. A written narrative describing the purpose of the request and addressing how the proposed application meets the criteria to consider for text amendments as specified in section XX-2-5.

(4)

Disclosure. A statement of disclosure complying with O.C.G.A. § 36-67-1, "Conflict of Interest in Zoning Actions," if not incorporated into the required application form.

In cases where an applicant is proposing a text amendment to modify an existing zoning district or create a new zoning district, and where the applicant also desires to rezone property to the modified or new zoning district, the two applications shall not be considered concurrently.

(Ord. No. 1081, 9-20-2023)

Before the governing body may take final action on a proposed text amendment, the planning and appeals commission shall hold a public hearing on the proposal. At least 15 days but not more than 45 days prior to the public hearing before the PAC notice shall be published in a newspaper of general circulation within the city. The published notice shall be prepared by the PDC department and shall include the nature of the proposed text amendment, and the date, time and place of the public hearing before the PAC. Notice of the date, time, and place of the public hearing before the governing body shall also be included in the notice.

(Ord. No. 1081, 9-20-2023)

The governing body, planning and appeals commission shall consider the following standards for text amendments, giving due weight or priority to those standards that are appropriate to the circumstances of each proposal:

(1)

The extent to which the proposed text amendment is consistent with the purpose and intent of this Code.

(2)

The extent to which the proposed text amendment is compatible with the purpose and intent of the comprehensive plan.

(3)

Whether the proposed text amendment adequately addresses new or changing conditions in the city.

(4)

Whether the proposed text amendment is needed to properly implement the comprehensive plan.

(5)

The extent to which the proposed text amendment promotes the public health, safety, morality or general welfare of the city.

(Ord. No. 1081, 9-20-2023)

The planning and appeals commission shall convene a public hearing on the text amendment as provided in the public notice. The public hearing shall follow policies and procedures which govern calling and conducting public hearings established in section 23-27-4. The PAC shall have 65 calendar days from the date of its public hearing within which to submit its recommendation on the text amendment. The PAC may submit any additional report it deems appropriate.

(Ord. No. 1081, 9-20-2023)

The governing body shall hold a public hearing on the text amendment. In rendering a decision on any such text amendment, the governing body shall consider all information supplied by the applicant, director, and the planning and appeals commission any information presented at the public hearing of the PAC, and information gained at its own public hearing. The governing body shall either approve or disapprove of the application, or it may modify the text amendment language as proposed or recommended and approve the text amendment as modified.

(Ord. No. 1081, 9-20-2023)

Any application for a text amendment may be withdrawn at any time at the discretion of the person or entity initiating such a request upon notice to the director, up until the public hearing by the planning and appeals commission is closed.

(Ord. No. 1081, 9-20-2023)

Approval of a text amendment shall be in full force and effect upon its approval or upon the stated effective date thereof, and shall thereupon apply to every property for which a use has not been established or for which a building permit or development permit may subsequently be requested.

For a property on which a use, building, structure or other improvements existed in conformity with this Code prior to the effective date of a text amendment affecting the property, any such use, building, structure or other improvements no longer in conformance shall be governed under the provisions for nonconformities in section 23-3-15. Construction of any use, building, structure, or other improvements for which a building permit has been issued in conformity with this Code prior to the effective date of a text amendment may continue to completion as though no change had occurred and, upon completion, shall be governed under the provisions for nonconformities in section 23-3-15, as applicable.

(Ord. No. 1081, 9-20-2023)

There shall be no waiting period for reapplication of text amendments.

(Ord. No. 1081, 9-20-2023)

Any public hearing required by this article shall be called and convened at the scheduled time and place, and it shall be conducted in accordance with the procedures of this chapter. For purposes of this chapter, the term "hearing body" shall refer to the governing body, and the planning and appeals commission. Nothing contained in this chapter shall be construed as prohibiting a presiding official or hearing body from conducting a public hearing in a fair, orderly, and decorous manner.

(Ord. No. 1081, 9-20-2023)

The presiding officer shall preside over the public hearing as follows:

(1)

Governing body. In the case of a governing body, the mayor shall have authority to preside but may delegate the presiding official's duties to the city attorney. In the absence of the mayor, the mayor pro tempore shall have authority to preside but may delegate the presiding official's duties to the city attorney. In the absence of both the mayor and mayor pro tempore, another member of the governing body shall have authority to preside but may delegate the presiding official's duties to the city attorney.

(2)

Planning and appeals commission. In the case of the planning and appeals commission, the chairperson of said commission shall preside, or in the absence of the chairperson, the vice chairperson if designated, or if neither is present to preside, another member of the commission shall be designated to preside.

(Ord. No. 1081, 9-20-2023)

The presiding official shall indicate that a public hearing has been called on one or more applications made pursuant to this article, shall summarize the processes required by this chapter, and shall open the public hearing. Thereupon, the presiding official shall call the first case and the hearing body shall consider each application on an individual basis in succession as printed on the published agenda or as otherwise approved by the hearing body; provided, however, that the presiding officer may at his or her discretion call and consider more than one application simultaneously when more than one application involves the same piece of property, and when proceedings would be efficiently completed by combining separately required public hearings and discussing more than one scheduled matter as a single group of applications.

(Ord. No. 1081, 9-20-2023)

Upon opening the public hearing, the presiding official shall, unless he or she elects to summarize and present information about the application personally, recognize the PDC director or designee, who shall provide a summary of the application and present any recommendations or results of investigations. In the case of public hearings before a governing body, unless a member of the planning and appeals commission is present and is authorized and willing to speak for the board on the subject application, the director shall also summarize the recommendations made by the planning and appeals commission. Any member of the hearing body upon recognition by the presiding official may ask questions of the director or designee or other city official or planning and appeals commission representative providing the report or recommendations.

(Ord. No. 1081, 9-20-2023)

When an individual application comes up for hearing, the presiding official may ask for a show of hands of those persons who wish to appear in support of the application. If it appears that the number of persons wishing to appear in support of the application is in excess of that which may reasonably be heard, the presiding official may request that a spokesperson for the group be chosen to make presentations. Following the report of the director or designee, the presiding official shall recognize the applicant or his or her agent, spokesperson, or each of them, who shall present and explain the application.

There shall be a minimum time period of ten minutes per application at the public hearing for the proponents to present data, evidence, and opinions; the hearing body shall not be obligated to provide the full ten-minute period to the proponents if they elect not to use that much time. Any member of the hearing body upon recognition by the presiding official may ask questions of the applicant or agent of the applicant, or both. Time devoted to questions and answers will not be counted against any time limitations that have been imposed on presentations.

(Ord. No. 1081, 9-20-2023)

At the conclusion of the applicant's presentation, the presiding official shall initiate the public comment portion of the public hearing. When an individual application comes up for review, the presiding official may ask for a show of hands of those persons who wish to ask questions, make comments, and/or appear in opposition to the application. If it appears that the number of persons wishing to ask questions, make comments, or appear in opposition to the application is in excess of that which may reasonably be heard, the presiding official may request that a spokesperson for the group be chosen to make presentations and ask questions, or appear in opposition. There shall be a minimum time period of ten minutes per application at the public hearing for the opponents to present data, evidence, and opinions and ask questions; the hearing body shall not be obligated to provide the full ten-minutes per application to the opponents if they elect not to use that much time.

Prior to speaking, each speaker will identify him or herself and state his or her current address. Each speaker shall speak only to the merits of the proposed application under consideration and shall address his or her remarks only to the hearing body. Each speaker shall refrain from personal attacks on any other speaker or the discussion of facts or opinions irrelevant to the proposed application under consideration. The presiding official may limit or refuse a speaker the right to continue, if the speaker, after first being cautioned, continues to violate this procedure.

The hearing body will consider the questions raised during the public portion of the hearing and may elect to answer questions following the speakers, or it may defer questions to the applicant to be answered during rebuttal. Any member of the hearing body upon recognition by the presiding official may ask questions of a member of the public giving testimony. Time devoted to questions and answers will not be counted against any time limitations that have been imposed on presentations.

(Ord. No. 1081, 9-20-2023)

At the conclusion of public testimony, or upon the expiration of time allotted for public testimony, the applicant or his or her agent, or both, shall be allowed a short opportunity for answer questions, rebut the testimony of the public, and provide final comments and remarks. The time devoted to any such rebuttal shall be counted toward the total ten minutes allotted to the applicant if a time limit is set by the presiding official.

Any member of the hearing body upon recognition by the presiding official may ask questions of the applicant, his or her agent, or both. Time devoted to questions and answers will not be counted against any time limitations that have been imposed on presentations.

(Ord. No. 1081, 9-20-2023)

After the foregoing procedures have been completed, the presiding official will indicate that the public hearing is closed. Upon the closing of the public hearing, the applicant or his agent and any member of the public shall no longer address the hearing body in any way, including hand waving or motions for attention; provided, however, that at any time considered appropriate the presiding official may reopen the public hearing for a limited time and purpose.

(Ord. No. 1081, 9-20-2023)

After the public hearing is closed, the hearing body may either vote upon the application or may delay its vote to a subsequent meeting, subject to the limitations of this article, provided that notice of the time, date and location when such application will be further considered shall be announced at the meeting during which the public hearing is held.

After hearing evidence, in making a decision, the hearing body shall apply the evidence to the criteria specified in this article, as appropriate given the type of application. It will not be required that the hearing body consider every criterion given the type of application. It shall be the duty of the applicant to carry the burden of proof that approval of the proposed application will promote the public health, safety, morality or general welfare.

If the hearing body determines from the evidence presented by the applicant has shown that the proposed application promotes the health, safety, morals, and general welfare under applicable criteria, then the application shall be granted, subject to those reasonable conditions as may be imposed by the hearing body on its own initiative or as may be recommended by the planning commission or the director. Otherwise, such application shall be denied. In cases where one or more companion applications are submitted and the governing body attaches conditions to the application, such conditions shall unless otherwise specifically stated otherwise become conditions of approval for each companion application.

(Ord. No. 1081, 9-20-2023)

In the case of the planning and appeals commission, the following provisions shall apply to its decision making:

(a)

A total of three PAC members present shall constitute a quorum. A majority vote of the quorum shall be necessary to approve any decision or recommendation.

(b)

If a motion to recommend approval of an application fails, the application is automatically recommended for denial. If a motion to recommend denial of an application fails, another motion would be in order.

(c)

A tie vote on a motion to recommend approval of an application shall be deemed a recommendation for 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 will go forward to the governing body with no recommendation.

(Ord. No. 1081, 9-20-2023)