23.1.1.

An applicant for a special use permit shall file an application on forms provided by the zoning administrator. The grant or denial of a special use permit is a zoning decision and such decision shall follow the procedures for a rezoning, as specified in sections 22.3 through 22.7, unless modified by the provisions of this article.

23.1.2.

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

1.

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

2.

A recommendation has been received from the planning commission in accordance with the provisions of Article XXII;

3.

The applicant is in compliance with the particular conditions for the proposed special use that are required by this chapter, including, but not limited to, those referenced in Article XVI;

4.

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

5.

After considering the application, and the facts, and the standards for making a zoning decision contained in section 22.9 of this chapter, the mayor and city council determines 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.

23.1.3.

In compliance with federal law, if the special use is requested by a place of worship or church, in connection with the exercise of religion, the planning commission and commissioner shall additionally consider whether the regulation imposes a substantial burden on the exercise of religion, whether the regulation serves a compelling governmental interest, whether the denial is the least restrictive means to serve that interest, or whether the special use can be granted without harming that interest.

23.1.4.

If the special use is related to a group home for persons with a disability, the planning commission and mayor and city council shall additionally consider what reasonable accommodations in this chapter can be made to provide persons with a disability equal opportunities to use and enjoy dwellings, while not abrogating the purposes of this chapter. Any reasonable accommodation should only relate to the disability.

23.1.5.

When a proposed special use permit is sought to locate or relocate a half-way house, drug rehabilitation center or other facility for the treatment of drug dependency, an additional public hearing shall be conducted at least six (6) months and not more than nine (9) months before final action by the mayor and city council; such hearing shall be supplemental to the public hearing required under Article XXII and section 23.1.1 above. For the supplemental hearing only, the published notice of the public hearing shall be at least six (6) column inches in size and shall not be located in the classified advertising or legal advertising section of the newspaper and shall publish at least fifteen (15) and not more than forty-five (45) days prior to the hearing. In addition, a sign containing the information required by Article XXII and section 23.1.1 shall be posted conspicuously on the property at least fifteen (15) days prior to the date of the hearing.

The mayor and city council shall consider all evidence in the record in making their decision. This chapter 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 planning commission if new information has been presented that they have not considered. The mayor and city council shall have the power to grant, deny, modify or grant with further specific conditions imposed.

Hearings on special use permits shall follow the procedures of hearings on rezoning amendments, except as modified below.

A.

Appeal. Recourse from a decision by the mayor and city council in regard to a special use permit shall be as provided for by O.C.G.A. 36-66-5.1(a)(2) or as otherwise provided for by law.

B.

Stay. Stay of proceedings shall be provided for by O.C.G.A. 36-66-5.1(d).

(Ord. No. 55-23, § 1, 7-6-23)

An application for special use which has been denied shall not be resubmitted for a period of six (6) months.

(Ord. No. 56-23, § 1, 7-6-23)

A.

The following standards governing the exercise of the zoning power for special use permits are adopted in accordance with O.C.G.A. § 36-66-5(b):

1.

The existing land uses and zoning classification of nearby property;

2.

The suitability of the subject property for the zoned purposes;

3.

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

4.

Whether the subject property has a reasonable economic use as currently zoned;

5.

Whether the proposed zoning will be a use that is suitable in view of the use and development of adjacent and nearby property;

6.

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

7.

Whether the zoning proposal is in conformity with the then current future development plan and community agenda of the comprehensive land use plan as currently adopted or as amended in the future;

8.

Whether the zoning proposal will result in a use which will or could; adversely affect the environment, including, but not limited to, drainage, wetlands, groundwater recharge areas, endangered wildlife habitats, soil erosion and sedimentation, floodplain, air quality, and water quality and quantity;

9.

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

10.

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

B.

Said standards shall be printed and available for distribution to the public at all planning commission meetings and city council meetings in which zoning decisions or the exercise of zoning powers for special use permits are being considered.

(Ord. No. 57-23, § 1, 7-6-23)

23.7.1.

Certificates. Authority to approve certiorari documents. In order to comply with O.C.G.A. § 36-66-5.1(c), the mayor is authorized to issue certiorari bonds and certificate of costs, and other documents, upon confirmation with city staff that such approvals are appropriate.

23.7.2.

Authority to accept service.

A.

For purposes of certiorari proceedings, the mayor of the city and/or the chairman of the board of zoning appeals, as appropriate, is authorized to accept service of process on behalf of the city.

B.

The mayor of the city is authorized to accept service of process on behalf of the city as opposite party.

(Ord. No. 58-23, § 1, 7-6-23)