Calhoun City Zoning Code

Any use listed in this appendix as a conditional use requiring a conditional use permit must comply with the procedures in this article.

(a)

An applicant for a conditional use permit shall file an application on forms provided by the city. The grant or denial of a conditional use permit shall follow the procedures for a rezoning, as specified in sections 14.2 to 14.3 and 14.5 to 14.7, unless modified by the provisions of this article, provided that notice of the public hearing shall be provided to the owner of the property that is the subject of the application by mail at least 15 days but not more than 45 days prior to the public hearing, and the sign and published notice shall be posted at least 15 days but not more than 45 days prior to the public hearing.

(b)

Any use which may be authorized by a conditional use permit may be approved by the mayor and city council only if, in the exercise of the mayor and city council's discretion, they find that:

(1)

A proper application has been filed in accordance with the requirements of this article;

(2)

A recommendation has been received from the zoning advisory board in accordance with the provisions of article XIII of this chapter;

(3)

The applicant is in compliance with the particular conditions for the proposed conditional use that are required by this article;

(4)

The use is consistent with the purposes and intent of this article; and

(5)

After considering the application and the facts, and the standards for making a zoning decision contained in section 14.3, the mayor and city council determine that the standards are satisfied such that the benefits of and need for the proposed conditional use outweigh any possible harmful effects, negative impacts, or damages to the neighboring properties or the city in general. In making this determination, the city council may consider the effects of the proposed use on traffic, public infrastructure and services, aesthetics, property values, the peaceful enjoyment of private property in the community, and other relevant factors.

(c)

An application for an industrial use that is otherwise permitted by right in Ind-G nevertheless requires a conditional use permit when the particular development meets the definition of a development of regional impact (DRI) in the metropolitan tier of the rules and regulations of the Georgia Department of Community Affairs. This is because such uses have the potential to have significant impacts both to the city and the region. The zoning advisory board shall not hold its public hearing until after DRI review has been received from the Northwest Georgia Regional Commission. In addition to the standards for the exercise of the zoning power and standards in paragraph (b) above, the applicant should address, and the zoning advisory board and mayor and city council should consider, any comments received or recommendations made as part of the DRI review.

The mayor and city council shall consider all evidence in the record in making their decision. This article is automatically a part of the record in each case, as is the entire application file. The mayor and city council shall have the power to table the application for further information to be presented, or to remand the application to the zoning advisory board if new information has been presented that they have not considered. The mayor and city council shall have the power to grant, deny, or grant with further specific conditions imposed.

Public hearings on conditional use applications shall be conducted in the manner provided for zoning decisions in section 14.7.

Appeals of any decision to deny or grant a conditional use permit shall be filed within 30 days by filing an appeal to the county superior court in the manner provided by law.

An application for a conditional use permit which has been denied shall not be resubmitted for a period of 12 months.