The ordinance and code enforcement officer and his duly authorized agent or his designee shall administer and enforce the provisions of this chapter.

(Ord. No. 20-2008, 12-8-08)

The regulations and requirements set forth in this chapter are promulgated in accordance with a comprehensive plan, with reasonable consideration, among other things, to the prevailing land uses, growth characteristics and the character of the respective districts, neighborhoods, or areas and their peculiar use of land throughout the city.

(Ord. No. 20-2008, 12-8-08)

(a)

In interpreting and applying the provisions of this chapter, they shall be held to be the minimum requirements for the promotion of the public, health, safety, morals and general welfare of the community.

(b)

It is not intended by this chapter to interfere with, abrogate or annul any easements, covenants or other agreements between parties; provided, however, that where this chapter imposes a greater restriction upon the use of buildings or premises or upon the height of buildings, or requires larger open spaces than are imposed or required by other ordinances, rules, regulations or by easements, covenants, or agreements, the provisions of this chapter shall control.

(c)

If, because of error or omission in this chapter or the zoning map, any property within the city is not shown as being included in a zoning district, the classification of such property shall be designated as the most restrictive and highest use district, unless changed by an amendment to this chapter.

(d)

Annexation of property shall follow the requirements of The Zoning Procedures Law (O.C.G.A. § 36-66-1 et seq.). A notice of the annexation of property shall be provided to the county, as required by O.C.G.A. § 36-36-6, and the required hearing held prior to the annexation. A notice of said hearing will be published in the city's newspaper of general circulation and all other zoning policies and procedures regarding hearings, notices and amendments, as outlined herein, shall be followed.

(e)

Where the corporate limits of the city may change by annexation or some other means, the following provisions shall apply:

(1)

Land to be annexed shall be zoned to best fit with the classification and character of surrounding properties at the discretion of the city commission in accordance with requirements of zoning amendments in this Code.

(2)

In any case, where changes are made to the corporate limits of the city and where additions in the total land area require adjustments in the zoning district boundaries, said adjustment shall be made on the official zoning map of the city and shall follow the prescribed procedures for map amendment as called for in this chapter.

(Ord. No. 20-2008, 12-8-08)

(a)

Amendments to the text of this chapter or to the official zoning map may be initiated at the request of a private petitioner or the city commission. Requests for a conditional use or variance to the provisions regulating districts may be similarly initiated by a private petitioner or at the suggestion or request of the planning commission in considering an amendment.

(b)

In general, all private petitions for text amendments, changes in zoning districts (rezonings), and conditional uses shall comply with the following steps in order to secure approval or denial:

(1)

Any petition for a zoning change must be filed in the form of a written application with the city clerk or his designee and all fees paid at that time.

(2)

The city clerk or his or her designee will inform the applicant of the public hearing dates at which the petition will be considered.

(3)

The city will advertise the public hearing and provide notification to affected parties by written notice and by the posting of a notice on the subject property.

(4)

Consideration of the proposed zoning change shall be carried out as prescribed in sections 94-54 through 94-57 and as required by state law.

(5)

Consideration of a request for a conditional use shall be reviewed according to the criteria enumerated in the definition of a conditional use in section 94-2.

(6)

Variance requests, other than those described in O.C.G.A. § 36-66-3(4)(F), will be reviewed by the planning commission. Variances may be granted only insofar as the proposed action meets the requirements enumerated in section 94-60 and the criteria enumerated in the definition of a "variance" in section 94-2. In no case may a variance be granted for a use of land or building (a "use variance") that is prohibited within the zoning district. The planning commission shall keep a record of all variances granted or denied.

(7)

Variances consisting of zoning decisions pursuant to O.C.G.A. § 36-66-3(4)(F) shall be reviewed and ultimately passed upon by the city commission as a part of the concurrent zoning decision being considered by the city commission.

(Ord. No. 20-2008, 12-8-08; Ord. No. 2-2023, § 1(Exh. A), 7-10-23)

The following policies and procedures are herein established to provide guidelines for certain types of zoning activities:

(1)

The adoption or repeal of a new city zoning ordinance;

(2)

The adoption of an amendment to this chapter which changes the text of this chapter (text amendment);

(3)

The adoption or denial of an amendment to this chapter (map amendment) which rezones property from one zoning classification to another;

(4)

The procedural requirements for zoning amendments sponsored by the city;

(5)

The procedural requirements for zoning amendments sponsored by a citizen or property owner;

(6)

Annexation of property by the city;

(7)

Annexation of property by a private petitioner which requests zoning of the property for a certain specific zoning classification, and the request is contained in the annexation petition, whether such request is granted or denied. If there is no request for zoning classification of such property, then the property shall be annexed and designated as the most restrictive and highest use district, until changed by an amendment to this chapter;

(8)

The granting or denial of conditional use requests or special use permits, as well as variances.

(Ord. No. 20-2008, 12-8-08; Ord. No. 2-2023, § 1(Exh. A), 7-10-23)

(a)

Amendment to this chapter. In the case of developing an initial zoning plan (map and text), or updating or amending an existing zoning plan, the city planning commission and the city commission will, where appropriate, utilize any new or existing land use studies, land use plans or other relevant documents as a resource for ordinance development or ordinance amendment. The city commission and the planning commission will each hold at least one public hearing on any new zoning ordinance development or any proposed amendment to the current zoning ordinance.

(b)

Public hearing. Upon the completion of a preliminary zoning document by the planning commission and after this draft document has been presented to and reviewed by the city commission, public hearings will be scheduled by both the planning commission and the city commission, respectively. The official public hearing will be held by the city commission, and public notice will be given no less than 15 days or more than 45 days prior to the official hearing date.

(c)

Required notices. Notice of public hearings will be published within a newspaper of general circulation within the territorial boundaries of the city. The public notice will state the time, place, and purposes of the hearing.

(Ord. No. 20-2008, 12-8-08)

(a)

Review by planning commission and city commission. All amendments to any existing zoning plan must be reviewed by both the planning commission and the city commission. However, when the boundary lines of an established zoning district are proposed for changes (rezoning), the city commission shall have the planning commission prepare an evaluation of each such proposed rezoning considering each of the following factors:

(1)

Existing uses and zoning of nearby property;

(2)

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

(3)

The extent to which the destruction of property values resulting from existing zoning of the applicant's parcel promotes the health, safety, morals or general welfare of the public;

(4)

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

(5)

The suitability of the subject property for the zoning purposes, as proposed;

(6)

The length of time the property has been vacant as zoned, considered in the context of land development in the area in the vicinity of the property; and

(7)

Conformity with or divergence from the comprehensive plan.

(b)

Place of hearing. The public hearings will be convened at the advertised time and place and will be presided over by the appropriate officials.

(c)

Conduct of hearing. The chair of each respective public hearing will review for those present the following operating procedures for the public hearing:

(1)

In order for a person in attendance to speak, the chair must recognize the speaker. Upon rising to speak, the person recognized will be identified for the public record. The chair may also request that the person furnish a home or business street address, as appropriate.

(2)

The person speaking will be allowed a reasonable amount of time, usually not exceeding five minutes, to express opinions and make comments on each separate element of the proposed revisions they wish to address. Proponents and opponents of each zoning decision or application shall have an equal minimum time period of not less than ten minutes per side for presentation of data, evidence and opinion. A designated timekeeper shall record the time expended by each speaker.

(3)

Additional persons will be recognized per this procedure for the purpose of addressing additional elements of the proposed revisions or to make additional points with regard to elements already addressed, but not to rehash points already made.

(d)

Appropriate notes or minutes. Appropriate notes or minutes will be recorded by the city commission and the planning commission at their respective public hearings.

(e)

Recommendation of planning commission. The planning commission shall prepare and submit the necessary minutes, evaluations and/or recommendations to the city commission prior to the city commission's public hearing.

(f)

Consideration by city commission. The city commission, at its official public hearing, will review the evaluations and recommendations from the planning commission and may choose to adopt, reject, or modify the planning commission's recommendations, or the business may be tabled for additional study to a time certain as determined by the commission.

(Ord. No. 20-2008, 12-8-08)

(a)

Application. An application for a rezoning or conditional use must be filed with the city clerk or his designee at city hall on a prescribed form. Fees as approved by the City of Cedartown Commission in the schedule of fees and charges shall be paid at the time of application.

(b)

Public hearing dates. The city clerk or his designee will inform the applicant as soon as practical of the public hearing dates. Although the planning commission will convene a public hearing on each proposal, the official public hearing will be held by the city commission. Public notice of each hearing will appear in a newspaper of general circulation within the city not less than 15 days or more than 45 days before the date of the official public hearing.

(c)

Hearing notice. The public hearing notice will name the applicant, the location of property to be affected, the present zoning class, the proposed zoning class and the date, time and place of both the planning commission hearing and the public hearing held by the commission. This shall apply to requests for zoning amendment to the text, amendment to the zoning maps, conditional uses, special uses, permits for home occupations, and variances.

(d)

Notification of affected parties. In order to inform those parties directly affected by the proposed action and the general public, city officials shall do the following:

(1)

Have erected upon the property for which rezoning is to be considered a sign of no less than 17 inches by 24 inches announcing the public hearings, stipulating the dates, times, and places for the two hearings, the present zoning class and the proposed zoning class. The sign shall be clearly visible from a public street. It shall be erected not less than 15 days or more than 45 days before the first public hearing date.

(e)

Review of petitions by the planning commission. The planning commission shall review all petitions for a rezoning, special use, conditional use or related petitions in accordance with this chapter. All meetings of the planning commission shall be held at the call of the chairman or, in his absence, the vice-chairman, and at such time as the board may determine. All meetings of the planning commission shall be open to the public.

(f)

Conduct of hearing. The place and conduct of the public hearing shall be in accordance with the provisions of this article. All applicable general review standards of section 94-56 and as contained in state law shall be considered in the review process.

(g)

Period of resubmittal for zoning amendment. If a petition or application for zoning, variance amendment or conditional use has been denied by the city commission, a minimum of 12 months must pass before the same amendment proposal is again submitted for consideration.

(Ord. No. 20-2008, 12-8-08; Ord. No. 7-2019, § 2(Exh. A), 12-9-19)

(a)

Application. An application for a conditional use within a zoning district must be filed with the city clerk or his designee at city hall on a prescribed form. Fees as approved by the City of Cedartown Commission in the schedule of fees and charges shall be paid at the time of application.

(b)

Public hearing dates. The city clerk or his designee will inform the applicant as soon as practical of the public hearing dates. Although the planning commission will convene a public hearing on each proposal, the official public hearing will be held by the city commission. Public notice of each hearing will appear in a newspaper of general circulation within the city not less than 15 days or more than 45 days before the date of the official public hearing.

(c)

Hearing notice. The conditional use public hearing notice will name the applicant, the location of property to be affected, the present zoning class, the proposed zoning class and show its conditional uses notation, such as R-3C. The notice shall also contain the date, time and place of both the planning commission hearing and the public hearing held by the commission.

(d)

Notice, hearing and resubmittal requirements. The same general notice requirements, all provisions concerning conducting hearings, general review of special use petitions, and period of resubmittal as contained herein shall apply.

(Ord. No. 20-2008, 12-8-08; Ord. No. 7-2019, § 2(Exh. A), 12-9-19)

Conditional uses are those uses which, without the proper scrutiny and conditions, may be appropriately located within certain specified zoning districts.

(1)

Authorization. The city shall issue a certificate of authorization for a conditional use to an applicant when the conditions relating to the special exception uses listed herein are met, and after public notice and hearing procedures have been followed.

(2)

Special exceptions. The special exceptions which could be allowed within any zoning classification are as follows:

a.

Any facility for the disposal of the dead, provided all requirements for a cemetery have been satisfied.

b.

Cemeteries for human or animal interment with the following minimum requirements:

1.

Minimum lot size of ten acres;

2.

Minimum public road frontage of 100 feet;

3.

When abutting any residential property line, a 50-foot natural/landscaped buffer shall be approved by city staff (see buffer standards);

4.

Permanent public ingress/egress shall be provided;

5.

Compliance with all state requirements; and

6.

Overall parking and landscaping plan approved by city staff.

c.

Churches, chapels, temples, synagogues, and other such places of worship with the following minimum requirements:

1.

Structures associated with said use to be located a minimum of 50 feet from any property line.

2.

Structures associated with said use to be limited to 55 feet in height.

3.

When abutting any residential property line, a 35-foot landscaped screening buffer shall be approved by city staff as well as any other requirements for buffer zones set forth in this Code.

4.

Overall parking and landscape plan for the entire site to be approved by city staff.

5.

One paved parking space shall be provided per four seats in the main assembly area; provided that the number of spaces thus required may be reduced by not more than 50 percent if the place of worship is located within 500 feet of any public parking lot or any commercial parking lot where sufficient spaces are available by permission of the owner without charge during the time of services to make up the additional spaces required.

6.

An approved lighting plan.

7.

A church may have an accessory cemetery with the following minimum requirements:

(i)

Minimum of two acres for cemetery;

(ii)

When abutting any residential property line, a 50-foot natural landscaped buffer shall be approved by city staff;

(iii)

Ingress/egress shall be provided; and

(iv)

Compliance with all state requirements.

d.

A church may have an accessory school with the following minimum requirements:

1.

Minimum lot size of three acres for a church with an accessory school;

2.

Minimum public road frontage of 100 feet;

3.

Overall parking and landscape plan for entire site to be approved by city staff; and

4.

One paved parking space per every one full-time employee of the accessory school in addition to required parking for the principal church use.

e.

Mausoleums when used in conjunction with a cemetery, provided that all requirements for the cemetery have been satisfied.

f.

Community center, defined as a place, structure, area, or other private or nonpublicly owned facility used for and providing religious, fraternal, social, and/or recreational programs generally open to the public and designed to accommodate and serve significant segments of the community.

1.

Minimum lot size of three acres;

2.

Structures associated with said use to be located a minimum of 35 feet from any property line;

3.

Structures associated with said use to be limited to 45 feet in height;

4.

When abutting any residential property line, a 25-foot landscaped, screening buffer shall be approved by city staff (see buffer standards);

5.

Overall parking and landscape plan for entire site, to be approved by city staff;

6.

One paved parking space shall be provided for every person lawfully permitted within the assembly areas at one time, plus one per employee, or, in the absence of designated assembly areas, one paved space per 300 square feet of gross floor area; and

7.

An approved lighting plan.

g.

Private schools of general and special education with the following minimum requirements:

1.

Minimum lot size of five acres;

2.

Minimum public road frontage of 100 feet;

3.

Overall parking and landscape plan for entire site, to be approved by city staff; and

4.

One paved parking space shall be provided for every person lawfully permitted within the assembly areas at one time, plus one per employee, or, in the absence of designated assembly areas, one paved space per 300 square feet of gross floor area; and

5.

An approved lighting plan.

(Ord. No. 20-2008, 12-8-08)

(a)

The planning commission may, upon appeal of the denial of a building permit by the city staff, in specific cases, grant such variances from the terms of this chapter as will not be contrary to the public interest where owing to special conditions, a literal enforcement of the provisions of this chapter will, in an individual case, result in unnecessary hardship so that the spirit of this chapter shall be observed, public safety and welfare secured, and substantial justice done. Such variances may be granted in such individual cases of unnecessary hardship upon specific written findings by the planning commission that:

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

(3)

Such conditions are peculiar to the particular piece of property involved, and not of the making of the applicant;

(4)

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

(5)

Public hearing notices relating to the review of a variance will name the applicant, the location of the property requesting variance, present zoning classification, the zoning district by specific article section, and subsection to be varied, as well as the specific measurements or requirements to the ordinance being requested. The date, time and place of the planning commission hearing will be held; and

(6)

The city clerk or his designee will inform the applicant as soon as practical of the public hearing dates. The planning commission will convene a public hearing on each request for variance. Public notice of the hearing will appear in a newspaper of general circulation within the city no less than 15 days or more than 45 days before the date of the official public hearing.

(b)

In the event the planning commission determines not to grant a variance, or the variance request is unacceptable to city staff: either party may appeal for a final (and official) public hearing before the commission. This appeal shall be in writing, and must be filed within five days of the decision of the planning commission. All notification procedure, review, conduct of hearing and resubmittal requirements as generally contained in this chapter shall apply to a review of a variance.

(c)

Notwithstanding anything to the contrary contained in this subsection, the planning commission shall not be the decision-making authority for variances consisting of zoning decisions as that term is defined in O.C.G.A. § 36-66-3(4)(F). Variances consisting of zoning decisions pursuant to O.C.G.A. § 36-66-3(4)(F) shall be reviewed and ultimately passed upon by the city commission as a part of the concurrent zoning decision being considered by the city commission.

(Ord. No. 20-2008, 12-8-08; Ord. No. 2-2023, § 1(Exh. A), 7-10-23)

No order of the planning commission permitting the erection or alteration of a building shall be valid for a period longer than six months unless such use is established within such period; provided, however, that where such use permitted is dependent upon the erection or alteration of a building, such order shall continue in force and effect if a building permit for said erection or alteration is obtained within such period, and such erection or alteration is started and proceeds to completion in accordance with such permit.

(Ord. No. 20-2008, 12-8-08)

The city shall provide such technical, administrative, and clerical assistance and office space as is required by the planning commission, zoning board of appeals, and city commission to carry out its function under the provisions of this chapter.

(Ord. No. 20-2008, 12-8-08)

All applicants for a rezoning, a text amendment, a conditional use, a conditional use, a home occupation license, a variance, or an inspection/lot location within a district shall be accompanied by a fee payable to the city to defray expenses incidental to the processing of such applications. A listing of all applicable scheduled fees can be found in the schedule of fees and charges as approved by the City of Cedartown Commission.

(Ord. No. 20-2008, 12-8-08; Ord. No. 7-2019, § 2(Exh. A), 12-9-19)

(a)

Any person who violates, disobeys, omits, neglects or refuses to comply with, or resists the enforcement of any of the provisions of this chapter shall be guilty of a misdemeanor and subject to a fine up to $1,000.00 after receiving 30 days' notice of the violation, and an opportunity for hearing as to any such violations. Said notice shall be in writing and issued by the city.

(b)

Each day that a violation is permitted to exist after due notice is given shall constitute a separate offense.

(Ord. No. 20-2008, 12-8-08)

(a)

Notwithstanding any other provisions of this chapter to the contrary, when a proposed zoning decision relates to an amendment of the this chapter ordinance to revise one or more zoning classifications or definitions relating to single-family residential uses of property so as to authorize multifamily uses of property pursuant to such classification or definitions, or to grant blanket permission, under certain or all circumstances, for property owners to deviate from the existing zoning requirements of a single-family residential zoning, such zoning decision must be adopted in the following manner:

(1)

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

(2)

Prior to the first meeting provided for in subsection(a)(1) of this section, at least two public hearings shall be held on the proposed action. Such public hearings shall be held at least three months and not more than nine months prior to the date of final action on the zoning decision. Furthermore, at least one of the public hearings shall be held between the hours of 5:00 p.m. and 8:00 p.m. The hearings required by this paragraph shall be in addition to any hearing required by this chapter or state law. The city commission shall give notice of such hearing by:

a.

Posting notice on each affected premises in the manner prescribed by O.C.G.A. § 36-66-4(b); provided, however, that when more than 500 parcels are affected, posting notice is required every 500 feet in the affected area; and

b.

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

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

(b)

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

(c)

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

(Ord. No. 2-2023, § 2(Exh. B), 7-10-23)