The procedures and standards in this article shall apply to:

A.

All UDC amendments, map amendments, variances, and special permits, except as otherwise provided; and

B.

Certain land development or building permits as specified in section 3-2.

(Ord. No. 21-10-228, § 1, 10-5-2021)

A.

Applications to amend the official zoning map or the future development map shall not be submitted or accepted by the city until a pre-application meeting is held with the zoning administrator.

B.

The following applications for land disturbance or building permits shall not be submitted or accepted by the city until a pre-application meeting is held with the zoning administrator:

1.

Single lots within the rural (RL) district when developing 35,000 square feet or more of new or additional floor area;

2.

Minor subdivisions, major subdivisions, or farmette subdivisions within the RL district when developing 5,000 square feet or more of new or additional floor area;

3.

Applications within hamlet (HM) or village (VL) districts when developing 5,000 square feet or more of new or additional floor area; and

4.

Any application within any district developing uses having supplemental use provisions as provided in section 7-4.

C.

At the pre-application meeting, the applicant shall present preliminary plans that demonstrate how the proposed application conforms to the requirements of this UDC. The purpose of the pre-application meeting is informational only and intended to assist in the applicant's understanding of UDC requirements; to educate the applicant on community design policies and standards; to ensure the applicant is aware of the current comprehensive plan policies and vision; and to inform the applicant of all necessary application materials required by this UDC.

D.

No preliminary decision on the application or assurances that a particular proposal will be approved shall be made by any city personnel or official.

(Ord. No. 21-10-228, § 1, 10-5-2021)

A.

Proceduresfor amendments. Whenever the public necessity, public convenience, general welfare, or good zoning practice justify such action, this UDC, including the official zoning map, and the future development map may be amended by the city council. The procedures for such amendments shall be as provided in this article. Such amendments may be referred to herein as "zoning proposals."

B.

Initiation of amendments. Members of the city council may initiate amendments to the text of this UDC, the official zoning map, or the future development map. Amendments to the future development map and zoning map for the same property may be accepted by the city and reviewed and decided on concurrently.

C.

Application schedule.

1.

Applications to amend the official zoning map, or the future development map must be filed in accordance with a submission schedule established by the zoning administrator. No application shall be deemed filed until all required forms have been completed, all required materials have been submitted, and all required fees paid. The date the application is filed shall be noted on the application form by the zoning administrator and all subsequent deadlines tied to the date of application shall begin to run as of said filing date.

2.

If an application to amend the official zoning map is denied by city council, no rezoning application shall be accepted for the same or any portion of the same property within six months of the date of denial.

3.

If an application to amend the future land use map is denied by city council, no future land use map application shall be accepted for the same or any portion of the same property within six months of the date of denial.

4.

An application to amend to the official zoning map or the future development map may not be withdrawn or amended, unless authorized by a majority vote of the city council, after the legal advertising required by this article has been submitted for publication. The city council by majority vote may allow an application to be so withdrawn with or without prejudice. Applications authorized to be withdrawn without prejudice shall not be considered a denial for the purposes of this article.

D.

Content of applications. Applications to amend the official zoning map or the future development map shall be filed with the zoning administrator on a form available from the city and shall, at a minimum, include the following:

1.

The address(es) of the property.

2.

Two copies of a property survey, drawn to scale, showing a north arrow, land lot and district, location of the tract, dimensions along all property lines, acreage of the tract, the size and location of any existing structures, and the names and right-of-way dimensions of abutting thoroughfares.

3.

A legal description of the site to be rezoned. If the site proposed for rezoning includes multiple zoning districts, provide a separate legal description for each individual district.

4.

A narrative description of the intent of the proposed amendment and the intended timing and phasing of development.

5.

The current and proposed zoning, future development map classifications, existing and proposed uses of the property proposed to be reclassified and all zoning and land uses of properties abutting the subject property.

6.

Site plan. A site plan showing compliance with regulations and calculations required by this UDC related to densities, TDR use, designated uses, internal circulation and parking areas, parking calculations, developable areas, open space, buffer areas, landscaping, setbacks, height, sidewalks, blocks, existing and proposed pedestrian connectivity and thoroughfares, including their respective measurements.

7.

Any other information or documentation the department may reasonably deem necessary or appropriate to a full and proper consideration and disposition of the particular application consistent with required review standards.

8.

Applications to amend the official zoning map shall also include:

a.

A written analysis of the impact of the proposed amendment with respect to each of the standards identified in section 3-10.

b.

If the application includes one or more variance requests, the applicant shall provide written analysis of the standards for application and approval of variances in section 3-17 for each variance request.

9.

Application to amend the future development map shall also include a written analysis of the impact of the proposed amendment with respect to each of the standards identified in section 3-11.

E.

In addition to the requirements of (D) above, applications to amend the official zoning map submitted by property owners or the owners' authorized agents shall also include the following:

1.

An application fee established by the city council.

2.

The name, address, telephone number, and email address of the owner and applicant, if different.

3.

If the applicant is not the property owner, the owner shall certify by notarized signature that the applicant has authority to file the application. For properties that have more than one owner, the notarized signature of all property owners shall be required.

4.

Disclosures of campaign contributions required by O.C.G.A. § 36-67A-3, as amended.

5.

For applications requesting the creation of a new historic crossroads (HC) district or the expansion of an existing historic crossroads (HC) district, signatures shall be required from owners representing a minimum of 50 percent of the total number of properties within the proposed district or proposed district expansion.

6.

Site analysis. A site analysis including information on all existing manmade and natural features including structures; utilities; easements; trees; streams and required stream buffers; habitats for endangered or threatened species; wetlands; floodplains; steep slopes; historic, cultural, and archaeological resources; and features to be retained, moved, or altered.

7.

A concept plan that conforms to section 4-6.

8.

A site plan meeting the following requirements shall be provided for portions of developments proposed to be included in the initial phase of development: A site plan at a minimum one inch equals 20 feet scale showing compliance with all regulations and calculations required by this UDC which shall include, but not be limited to, information on all proposed improvements including proposed building footprints, doors, sidewalks, yards, open space, under- and over-head utilities, landscaping, grading, lighting, drainage, amenities, proposed pedestrian connectivity and thoroughfares, and similar details including their respective measurements. Site plans shall be prepared by a state-registered professional architect, registered landscape architect or planner certified by the American Institute of Certified Planners.

9.

A utility availability and capacity letter from the water and sewer providers, stating that 1) there is adequate water and sewer capacity for the proposed development, and 2) that there is a feasible plan that includes planned connection/installation in order to provide infrastructure to serve the proposed development.

10.

A statement detailing the anticipated start time, phasing, and construction timeline of the project, as well as the anticipated development process, partners, and funding.

F.

All rezonings resulting in the potential for density greater than the maximum density allowed by right shall require a development agreement between the city and the applicant setting forth the planned application of TDRs in the proposed district in accordance with article XIII.

(Ord. No. 21-10-228, § 1, 10-5-2021; Ord. No. 25-08-287, § 2, 8-5-2025)

A.

When an amendment to the official zoning map would expand a zoning district and incorporate neighboring properties that, alone, do not meet the minimum requirements of the district, the following rules shall be met:

1.

The proposed district expansion shall be required to meet the application requirements of section 3-3.

2.

The proposed district expansion shall be master planned. The applicant shall submit a site plan and other application materials that demonstrate that the project complements and is in harmony with the existing district.

3.

All requirements related to units per acre, density, open space, and all other requirements shall be calculated and applied at the scale of the entire district, including the existing district and the proposed expansion. If the existing district or proposed district expansion includes multiple owners, it shall be the responsibility of the property owners to determine the allocation of these required elements. Where reallocation occurs, an updated concept plan must be approved by the city.

4.

No proposed zoning district expansion shall cause the total area of an individual district to exceed the maximum acres allowed in section 6-3F.

(Ord. No. 21-10-228, § 1, 10-5-2021)

A.

The creation of historic crossroads (HC) districts shall be permitted only where they meet the following requirements:

1.

Are designated as a historic crossroad on the future development map of the comprehensive plan;

2.

Are in accord with and serve to promote the purposes set forth in the comprehensive plan and other officially adopted plans of the city;

3.

Encourage land use and development in substantial accord with the vision set forth in the comprehensive plan and other official adopted plans of the city;

4.

Accomplish a special public purpose where substantial public interest warrants the creation of an area of unique character and/or high economic value to the city, and where other district regulations are inappropriate to accomplish this purpose; and

5.

Where applicable, serve to protect and preserve individual buildings or grounds where there is special and substantial public interest in protecting such buildings and their visual environment.

B.

Contents of the district ordinance. In addition to the requirements for all zoning map amendments in section 3-3, each ordinance creating a historic crossroads (HC) district shall contain the following:

1.

Statement of intent. Each district ordinance shall incorporate a particularized statement of intent appropriate to the individual district being created, establishing the purpose and justification for the creation of the district.

2.

Incorporation of general regulations. Each district shall specify that the general regulations for HC districts are applicable to the district created.

3.

Tailoring of regulations. Subject to this subsection, specific regulations may be established for each district or portions thereof. Specific regulations shall be limited to the following:

a.

The total number of large-scale non-residential uses.

b.

Maximum block sizes.

c.

Parking requirements.

d.

Lot size regulations.

e.

Density and required open space.

f.

The maximum amount of open space that may be transferred off site.

g.

Civic space types.

h.

Setbacks and maximum building height.

i.

Thoroughfare types and design.

j.

Additional form, design, and/or landscaping standards may be established.

k.

Uses may be restricted, limited, or prohibited but shall not be expanded. Uses may be limited by specifying the number of such uses, their size, or their hours of operation.

C.

Legal requirements.

1.

The creation of a historic crossroads (HC) district shall be deemed a zoning map amendment.

2.

Following approval of the district ordinance, the following shall occur:

a.

The district shall be assigned a unique suffix;

b.

The approved standards of subsection "B" immediately above and any conditions shall be recorded in a new subsection in article VI; and

c.

The district shall be added to the zoning map.

(Ord. No. 21-10-228, § 1, 10-5-2021)

A.

All completed applications for zoning proposals, special use permits, and variances shall be distributed by the zoning administrator to appropriate city officials and departments for review and comment. The zoning administrator, in association with the city clerk, shall create an ordinance reflecting each requested zoning proposal, special use permit, and variance and place said ordinance for first read on the agenda of the next available regular or specially called meeting of the city council. All zoning proposals, special use permits and variances shall be reviewed by the zoning administrator as set forth in this article and scheduled for public hearing before the planning commission, in accordance with this UDC's procedures.

B.

The zoning administrator shall submit a report on each zoning proposal, special use permit, and variance. The zoning administrator shall investigate and include in the report a recommendation applying the standards enumerated in this UDC applicable to the type of zoning proposal, special use permit and variance under review. The zoning administrator's report shall be a public record.

(Ord. No. 21-10-228, § 1, 10-5-2021)

A.

Public hearing.

1.

The city council shall make all final decisions on zoning proposals, special use permits, and variances authorized by this article. The planning commission shall hold a public hearing prior to said action following the public notice requirements herein, according to the following types of proposals under consideration.

2.

Zoning proposals, special use permits, and variances shall not be adopted until the title of the implementing ordinance for such action shall have been read at two meetings of the city council. The beginnings of said meetings shall not be less than five business days apart.

B.

Notice.

1.

At least 15 but not more than 45 days prior to the date of the required public hearing, the zoning administrator or city clerk shall cause to be published within a newspaper of general circulation within the territorial boundaries of the city a notice of the public hearing. The notice shall state the time, place, and purpose of the hearing.

2.

Written notice shall be mailed by first class mail by the zoning administrator to owners of property within 300 feet of the boundaries of the subject property who appear on the tax records of the city as retrieved by the county's geographic information system, at least 15 days prior to the date of the public hearing. The written notice shall state the time, place, and purpose of the public hearing. Notice shall not be considered inadequate if the mail is not delivered provided that the city uses the address information provided in the tax records and affixes adequate postage thereto.

3.

For applications to amend the official zoning map, the notice, in addition to the requirements of section 3-7B.1 and section 3-7B.2 above, shall include the location of the property, the present zoning classification of the property, and the proposed zoning classification of the property.

4.

For applications to amend the official zoning map, the applicant shall post one or more signs in a conspicuous location on the property, not less than 15 days prior to the date of the public hearing. At least one sign of no less than three feet in length and two feet in height and no larger than allowed in the city's sign ordinance, shall be posted along each thoroughfare on which the subject property has frontage. One additional sign shall be posted for each additional 1,000 feet of frontage or fraction thereof in excess of 1,000 feet of frontage on each thoroughfare on which the subject property has frontage. The zoning administrator shall provide the signs to the applicant for timely posting by the applicant. Each sign shall contain the time, place, and purpose of the public hearing.

(Ord. No. 21-10-228, § 1, 10-5-2021)

A.

The following policies and procedures shall govern the calling and conduct of the public hearing held by the planning commission pursuant to this article.

B.

The Chair of the planning commission shall preside over the hearing. After calling the hearing to order, the planning commission chair shall request that the parcels of property and/or references to the code sections which are the subject of the zoning action be identified and read. Following such identification and reading, the recommendation of the zoning administrator shall be presented. The written recommendation of the zoning administrator shall be made a part of the record.

C.

Proponents of each zoning action shall then be allowed a total of ten minutes for presentation of data, evidence and opinion concerning the action. If all ten minutes are not used, the proponent's remaining time may be reserved for rebuttal. Opponents of each action shall then be allowed a total of ten minutes for presentation of data, evidence and opinion concerning each action. The presentation times may not be reduced but may be extended by majority vote of the planning commission, provided they are expanded equally for proponents and opponents.

D.

All speakers shall identify themselves and state their current address. Remarks should be limited to data, evidence, and opinions relevant to the proposal under consideration. Speakers shall address all remarks to the planning commission.

E.

Following public comment, the planning commission chair shall close the public comment portion of the hearing with respect to the proposal under consideration and seek discussion and/or a motion to act upon the proposal as provided in section 3-9.

F.

All items on an advertised agenda for a public hearing shall be heard on the scheduled date unless a majority of the members of the planning commission present at the public hearing determine that specific circumstances surrounding the matter warrant an additional hearing on the matter to a future date and time. In such instances, the city shall provide public notice of the new time, date, and location of the additional hearing consistent with the notice requirements of section 3-7.

G.

If a scheduled public hearing must be canceled due to lack of a quorum, inclement weather or other extraordinary event, the public hearing shall be rescheduled and the city shall provide public notice of the new time, date, and location of the additional hearing consistent with the notice requirements of section 3-7.

(Ord. No. 21-10-228, § 1, 10-5-2021)

A.

Action by the planning commission.

1.

In making a recommendation on zoning proposals, special use permits and variances under this article, the planning commission shall review and consider the application or amendment and materials of record, the data, evidence, and opinions submitted during public comment, the recommendation of the zoning administrator, and the standards applicable to the type of proposal under review.

2.

Upon the conclusion of deliberations, the planning commission shall make one of the following recommendations to the city council:

a.

Approval;

b.

Approval as recommended by staff with recommended conditions;

c.

Approval as recommended by staff with revised conditions;

d.

Denial; or

e.

Recommend deferral of the proposal for additional information at a future public hearing, as regulated in section 3-8. Deferrals shall be limited to a maximum period of time of 90 days. The 90-day period shall begin on the same day the recommendation was made by the planning commission. If the deferred item is not returned or concluded within the prescribed period, the item shall then automatically be deemed withdrawn and shall be required to follow the prescribed and established procedure to re-file applications before the planning commission.

B.

Action by the city council.

1.

A meeting of the city council for the purposes of reviewing and making final decisions on zoning proposals, special use permits and variances under this article shall be held at the next regular or specially called meeting of the city council following the public hearing of the planning commission. At said meeting, the city council shall provide the second read for the zoning action ordinance, and shall review any analysis or materials submitted by the initiating party and opposing parties, the recommendations of the zoning administrator, the minutes of the planning commission public hearing, all other matters of record, materials, data, evidence and opinion submitted during public comments, and the review standards and criteria set forth herein that are applicable to the type of proposal under review in making a final decision on each zoning action. Final decisions by the city council shall be adopted by an ordinance implementing such action in accordance with the Charter of the city.

2.

Upon the conclusion of deliberations, the city council may approve, deny, or defer the proposal, add or delete conditions to the proposal, or allow the proposal to be withdrawn with or without prejudice in compliance with section 3-9.

3.

An action by the city council to defer a final decision on the zoning action shall include a statement of the date and time of the next regular or special meeting at which the proposal will be considered by the city council.

4.

If deemed necessary, the city council may defer a decision for the purpose of holding another public hearing at the planning commission. The notice requirements for public hearings contained in section 3-7 shall be followed.

(Ord. No. 21-10-228, § 1, 10-5-2021)

A.

The zoning administrator, the planning commission and the city council shall consider the following standards governing the exercise of the zoning power whenever deliberating over any changes to the official zoning map pursuant to this article.

1.

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

2.

Whether the zoning proposal will result in a use which will or could cause city thoroughfares or transportation facilities to be unable to meet the transportation policies of the comprehensive plan;

3.

Whether the zoning proposal is in conformity with the policy and intent of the comprehensive plan;

4.

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

5.

The existing uses and zoning of nearby property;

6.

The suitability of the subject property for the zoning proposed;

7.

Consistency with any adopted county and city wastewater treatment plans, including the feasibility and impacts of serving the property with public wastewater treatment service and, if an alternative wastewater treatment method is proposed, whether such wastewater treatment method will have a detrimental impact on the environment or will negatively affect other public concerns;

8.

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

9.

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

10.

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

11.

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

12.

In instances involving district expansion, whether the proposed change is supported by the homeowners associations or official neighborhood associations within the expanding district; and

13.

In instances involving developments of regional impact, whether the proposed change is supported by the Atlanta Regional Commission (ARC) and/or the Georgia Regional Transportation Authority (GRTA).

14.

Any additional review standards specific to that zoning district.

B.

Review criteria for special permits are set forth in section 3-14. Review standards for future development map amendments are set forth in section 3-11. The review standards for variances are set forth in section 3-17. All applicable review standards shall be considered by the zoning administrator, the planning commission, and the city council. Printed copies of these standards shall be available for distribution to the general public.

(Ord. No. 21-10-228, § 1, 10-5-2021)

The zoning administrator, the planning commission and the city council shall consider the following standards governing future development map amendments when deliberating over such proposals.

A.

Whether the future development map amendment proposal meets the policies and intent established in the comprehensive plan;

B.

Whether the future development map amendment proposal is compatible with the surrounding character areas as identified in the future development map;

C.

Whether the future development map amendment proposal can be adequately served by existing transportation facilities and other infrastructure, such as schools, water, sewer, and/or septic tank systems;

D.

Whether the future development map amendment proposal negatively impacts natural and historic resources identified by the city;

E.

Whether the future development map amendment proposal is in the best interest of the city and the public good and whether the proposal protects the health and welfare of its citizens; and

F.

Whether the property to be affected by the future development map amendment proposal has a reasonable economic use as currently designated on the future development map.

(Ord. No. 21-10-228, § 1, 10-5-2021)

A.

Each zoning classification may have a subheading thereunder to be known as "conditional."

B.

Whenever an application amending the official zoning map, amending the future development map, or for a special permit is accompanied or supported by specific plans and designs or other written requirements for a particular use and its development, the city council may approve such action as "conditional". In addition, the zoning administrator may recommend, and the city council may adopt, conditions to any such actions when appropriate to mitigate impacts of the proposal upon surrounding properties consistent with the purpose of this UDC and the comprehensive plan.

C.

Upon approval by the city council, such conditional plans and written conditions shall bear a certificate by the city clerk indicating said approval and shall become a part of the ordinance adopting the zoning action.

D.

It shall be the duty of the zoning administrator to ensure that the development and use of the property is in strict compliance with the plans, designs and other written requirements adopted and approved as conditions by the city council.

E.

Conditions adopted and approved by the city council shall not be altered, changed, or varied unless such changes are approved by the city council in accordance with the procedures for amendments set forth in this UDC.

(Ord. No. 21-10-228, § 1, 10-5-2021)

If a zoning proposal is for property to be annexed into the city, then:

A.

The city council shall complete the procedures required by this UDC for changes to the official zoning map, except for the final vote of the city council, prior to the adoption of the annexation, ordinance or resolution or the effective date of any local act but no sooner than the date the notice of the proposed annexation is provided to the governing authority of the county as required under the O.C.G.A. § 36-36-6.

B.

The public hearings required by section 3-7 shall be conducted prior to the annexation of the subject property into the city.

C.

In addition to any other notice requirements, the city shall cause to be published within a newspaper of general circulation a notice of the hearing as required under the provisions of section 3-7, as applicable, and shall place a sign on the property when required by section 3-7; and

D.

The zoning classification approved by the city council following the required hearing shall become effective on the later of:

1.

The date the zoning proposal is approved by the city council;

2.

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

3.

Where a county has interposed an objection pursuant to O.C.G.A. § 36-36-11 or 36-36-113, the dates provided for in said code sections.

(Ord. No. 21-10-228, § 1, 10-5-2021)

A.

Application procedures.

1.

Special permit applications may be initiated upon application by the owner of the subject property or the owner's authorized agent.

2.

Applications for special permits shall be filed with the zoning administrator on a form available from the city and shall, at a minimum, include the application requirements of section 3-3 as applicable to the special permit request.

3.

Applications for special permits shall be for one of the following special permit types: special administrative permit or special use permit.

4.

Additional regulations regarding the administration of special permits are provided for in section 3-15 for special administrative permits and section 3-16 for special use permits.

B.

Criteria. No application for a special administrative permit shall be granted by the zoning administrator and no application for a special use permit shall be granted by the city council unless satisfactory provisions and arrangements have been made concerning each of the following criteria, all of which are applicable to each application:

1.

Whether or not the proposed plan is consistent with all of the requirements of the zoning district in which the use is proposed to be located, including required parking, loading, setbacks and transitional buffers;

2.

Compatibility of the proposed use with land uses on surrounding properties and other properties within the same zoning district, including the compatibility of the size, scale, and massing of proposed buildings in relation to the size, scale and massing of adjacent and nearby lots and buildings;

3.

Adequacy of the ingress and egress to the subject property, and to all proposed buildings, structures, and uses thereon, including the traffic impact of the proposed use on the capacity and safety of public thoroughfares, including pedestrian flow and access, providing access to the subject site;

4.

Consistency with any adopted county and city wastewater treatment plans, including the feasibility and impacts of serving the property with public wastewater treatment service and, if an alternative wastewater treatment method is proposed, whether such wastewater treatment method will have a detrimental impact on the environment or will negatively affect other public concerns;

5.

Adequacy of other public facilities and services, including stormwater management, schools, parks, roads, sidewalks, and utilities, to serve the proposed use;

6.

Whether or not the proposed use will create adverse impacts upon any surrounding properties by reason of noise, smoke, odor, dust, or vibration, or by the character or volume of traffic generated by the proposed use;

7.

Whether or not the proposed use will create adverse impacts upon any surrounding use by reason of the manner of operation or the hours of operation of the proposed use; and

8.

Whether or not the proposed use will create adverse impacts upon any environmentally sensitive areas or natural or historic resources.

C.

Development of an approved special use. The issuance of a special permit shall only constitute approval of the proposed use. development of the use shall not be initiated until the applicant has secured all other permits and approvals required.

D.

Expiration of a special permit. Unless a building permit or other required permits are secured within 24 months of issuance of the special permits, and construction subsequently undertaken and actively continued pursuant to such building permit, the special permit shall expire automatically unless the permit is extended by resolution of the city council, except that in a hamlet (HM) or village (VL) district a use requiring a special permit shall not expire if it is shown in a way that is consistent with its approval on a concurrently-approved concept plan or preliminary plat or on a subsequent concept plan or preliminary plat that is approved before the special permit expires, as long as the concept plan or preliminary plat is in effect. Likewise, if an amended concept plan or amended preliminary plat is approved before the prior approval of the special use has expired and the amendment also shows the special use in a way that is consistent with the original approval, the special permit shall not expire.

E.

Modifications to a special permit. Changes to an approved special permit, other than time extensions provided under "D" above, shall be subject to the same application, review, and approval process as a new application, including the payment of relevant fees.

(Ord. No. 21-10-228, § 1, 10-5-2021; Ord. No. 23-02-254, § 2, 2-7-2023)

A.

Purpose.

1.

Special administrative permits are a type of special permit provided for uses that are potentially compatible with the use characteristics of a zoning district but that require the zoning administrator to individually review their location, design, intensity, configuration and/or public facility impact to determine the use's appropriateness in a particular location and its compatibility with adjacent uses.

2.

A special administrative permit shall not be approved for a use in any zoning district unless it is listed as a special administrative permit eligible use for the subject district in section 7-2.

B.

Time limits. The zoning administrator may specify limits on the duration of each special administrative permit which is approved. Subject to any limit in duration, the special administrative permit shall become an integral part of the zoning applied to the subject property and shall be extended to all subsequent owners and interpreted and enforced by the zoning administrator in the same manner as any other provision of this UDC, subject to the limitations provided in this section and section 3-14.

C.

Procedures.

1.

The provisions related to special permits in section 3-14 shall also apply to special administrative permits.

2.

The zoning administrator shall prepare a written analysis of each application for special administrative permit including findings of fact based on the criteria contained in section 3-14B and in addition, as applicable to the use proposed, to the applicable regulations contained in section 7-4.

3.

The zoning administrator shall make a written decision approving or denying each special administrative permit application and shall transmit said decision to the applicant. Said decision shall be based on a determination as to whether or not the applicant has met the criteria contained in section 3-14B, the use standards contained in section 7-4 where applicable to the use proposed, the consistency of the application with the comprehensive plan, and the requirements of the zoning district in which such use is proposed to be located.

4.

The zoning administrator shall make a final decision on each special administrative permit application within 45 days of its receipt. One 45-day extension of this review period may be exercised by the zoning administrator if such additional time is deemed necessary to adequately assess the request. If the zoning administrator fails to respond to the applicant within a maximum of 90 days, the application shall be deemed to be denied.

5.

Appeals from a final decision on a special administrative permit by an aggrieved party shall follow the appeals procedure of section 3-19.

(Ord. No. 21-10-228, § 1, 10-5-2021)

A.

Purpose.

1.

Special use permits are a type of special permit provided for uses that are potentially compatible with the use characteristics of a zoning district but require the city council to individually review their location, design, intensity, configuration and public facility impact to determine the use's appropriateness in a particular location and its compatibility with adjacent uses.

2.

A special use permit shall not be approved for a use in any zoning district unless it is listed as a special use permit eligible use of the type indicated for the subject district in section 7-2.

B.

Time limits. The city council may specify limits on the duration of each special use permit which is approved. Subject to any limit on duration, the special use permit shall become an integral part of the zoning applied to the subject property and shall be extended to all subsequent owners and interpreted and enforced by the zoning administrator in the same manner as any other provision of this UDC, subject to the limitations provided in this section and section 3-14.

C.

Procedures.

1.

The provisions related to special permits in section 3-14 shall also apply to special use permits.

2.

Zoning administrator analysis and recommendations.

a.

The zoning administrator shall prepare an analysis of each application for special use permit and shall present the findings and recommendations in written form to the planning commission and the city council.

b.

The zoning administrator's recommendations on each application for special use permit shall be based on the criteria contained in section 3-14B and, in addition, as applicable to the use proposed, to the applicable regulations contained in section 7-4.

3.

The zoning administrator shall prepare a proposed ordinance to effect the proposed special use permit. Before deciding on any special use permit pursuant to the requirements set forth in this section, public notice and a public hearing before the planning commission shall be provided thereon pursuant to the requirements of this section and section 3-7.

4.

The zoning administrator shall provide the city council complete information on each proposed application for special use permit, including a copy of the application and all supporting materials, all communications and other writings either in support of or in opposition to the application, the written report, minutes and recommendation of the zoning administrator and the minutes and recommendation of the planning commission.

5.

The decision of the city council on each application for special use permit shall be based on a discretionary determination as to whether or not the applicant has met the criteria contained in section 3-14B, the use standards contained in section 7-4, where applicable to the use proposed, the consistency of the application with the comprehensive plan, and the requirements of the zoning district in which such use is proposed to be located.

(Ord. No. 21-10-228, § 1, 10-5-2021; Ord. No. 25-08-287, § 7, 8-5-2025)

A.

Requests for variances. The city council may authorize, upon proper application in specific cases, variance from the terms of this UDC. Request for variance applications shall be filed with the zoning administrator. All filed applications shall be reviewed by the zoning administrator who shall provide a written recommendation based upon the factors below to the city council prior to a final decision.

B.

General standards for application and approval.

1.

Prohibited variances. No variance shall be granted to allow a building, structure, or use not authorized in the applicable zoning district, a density of development not authorized within such district, reinstatement of any nonconforming situation, a special administrative permit, or a special use permit.

2.

Nonconforming structures. The reconstruction of any structure existing before the effective date of this UDC that does not comply with the requirements of this UDC may apply for reconstruction on same footprint when safety permits. Any other deviation to the requirements of this section shall require a variance in accordance with this section.

3.

Application methods. Applications for variances shall include the following. Variances that accompany an application for a separate zoning proposal or special permit shall meet the necessary requirements regarding zoning proposal or special permit submittals and processes set forth in this article, including the requirement for two reads.

a.

An application fee established by the city council.

b.

The name, address, telephone number, and email address of the owner and applicant, if different.

c.

If the applicant is not the property owner, the owner shall certify by notarized signature that the applicant has authority to file the application. For properties that have more than one owner, the notarized signature of all property owners shall be required.

d.

The address(es) of the property.

e.

Two copies of a property survey, drawn to scale, showing a north arrow, land lot and district, location of the tract, dimensions along all property lines, acreage of the tract, the size and location of any existing structures, and the names and right-of-way dimensions of abutting thoroughfares.

f.

A legal description of the site.

g.

A narrative statement explaining the reasons for the variance requested.

h.

A statement showing compliance with each of the standards set forth in section 3-17B.4.

4.

General criteria. The city council may authorize variances from the terms of this UDC only upon making all of the following findings:

a.

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

b.

The application of this UDC to the particular piece of property would create an unnecessary hardship (the threshold for hardship may be lower if the hardship can be resolved in a way that does not create negative impacts for neighboring properties and is consistent with the comprehensive plan);

c.

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

d.

Such conditions are not the result of any actions of the property owner; and

e.

Relief, if granted, would not cause substantial detriment to the public good nor impair the purposes or intent of this UDC.

5.

Specific criteria. The city council shall also consider other variance criteria contained within this UDC.

C.

Variance decisions.

1.

Before providing recommendation on a variance application in accordance with this UDC, the planning commission shall provide for a public hearing on the proposed action in accordance with the procedures set forth in section 3-8.

2.

The provisions for public notice set forth in section 3-7B.1, section 3-7B.2, and section 3-7B.4 regarding publication, written notice, and sign postings shall apply to variance applications.

3.

The city council shall make a variance decision for each application based upon a determination of the facts and application of the criteria in subsection B.4. For purposes of this UDC the term variance decision means final action by the city council which results in a variance approval or a variance denial.

4.

Variance decisions shall be made no later than 120 days following filing of a complete application, unless extended by agreement of the applicant and zoning administrator.

5.

The city council may impose conditions as it deems necessary in a particular case to protect the public interest and mitigate impacts of the variance upon surrounding properties as part of a variance decision, thereby approving the variance as conditional. Such conditions shall become an integral part of the variance decision.

6.

An application may be withdrawn by the applicant prior to the variance decision.

7.

Appeals of a variance decision by the city council by an aggrieved party to the superior court shall be authorized and shall follow the appeal provisions in section 3-19.

(Ord. No. 21-10-228, § 1, 10-5-2021)

A.

The zoning administrator shall have the authority to grant minor administrative variances from certain provisions of this UDC, where he or she determines that the following apply, except as provided in subsection (C):

1.

The strict application of the requirements of this UDC would cause undue and unnecessary hardship to the property owner;

2.

The intent and continued integrity of this UDC can be achieved with equal performance and protection of public interests through grant of the administrative variance; and

3.

The variance review criteria of section 3-17B.4 have been considered.

B.

All applications for administrative variances shall be submitted to the zoning administrator on forms provided by the city. The authority to grant such administrative variances shall be limited to variances from the following requirements and only to the degree specified:

1.

Side yard. Maximum of three feet reduction allowed by administrative variance, except as provided in subsection (C).

2.

Rear yard. Maximum of five feet reduction allowed by administrative variance, except as provided in subsection (C).

3.

Facade setback. Maximum of five feet reduction allowed by administrative variance, except as provided in subsection (C), or to a setback consistent with the dominant setback of the block. Maximum of five feet increase allowed by administrative variance to allow for expanded pedestrian amenities.

4.

Building height. Maximum of five feet increase allowed by administrative variance.

5.

Ground floor floor-to-floor height. Maximum of two-foot decrease allowed by administrative variance.

6.

Required civic space. Maximum of ten percent reduction allowed by administrative variance of the total area of civic space provided.

7.

Block size. Maximum of ten percent reduction allowed by administrative variance.

C.

Within any area covered by a subdivision plat approved before January 1, 2007, setbacks may be reduced up to ten feet by administrative variance.

D.

Appeals of an administrative variance decision shall follow the procedure of section 3-19.

(Ord. No. 21-10-228, § 1, 10-5-2021)

A.

Appeal to the city council.

1.

Where it is alleged by any aggrieved person, firm or corporation that there is an error in any order, requirement, decision or determination made by the zoning administrator, or other authorized city official in the performance of duties under this UDC, such person, firm or corporation may seek a review of such order, requirement, decision or determination by the city council. Said appeals shall be filed with the zoning administrator in writing on forms provided by the zoning administrator within 15 days following the date of such order, requirement, decision, or determination.

2.

An appeal stays all legal proceedings in furtherance of the action appealed from unless the official from whom the appeal is taken certifies to the city council, after notice of appeal has been filed, that by reasons of facts stated in the certificate, a stay would, in that official's opinion, cause imminent peril to life or property. In such a case, proceedings shall not be stayed otherwise than by a restraining order which may be granted by the city council or the county superior court, on notice to the officer from whom the appeal is taken and on due cause shown.

3.

The city council shall fix a reasonable time for the hearing of the appeal and provide 15 days' notice thereof as well as written notice to the parties in interest. Any party may appear at the hearing in person, by an agent or by an attorney. The mayor shall request that the appeal be identified and read. The aggrieved party shall then be allowed a total of ten minutes for presentation of data, evidence and opinion concerning the appeal. If all ten minutes are not used, the aggrieved party's remaining time may be reserved for rebuttal. The acting party and those in opposition to the appeal shall then be allowed a total of ten minutes for presentation of data, evidence and opinion concerning the order, requirement, decision, or determination. The presentation times may not be reduced but may be extended by majority vote of the city council , provided they are expanded equally for the aggrieved party and the acting party.

4.

Following the consideration of all testimony, documentary evidence, and matters of record, the city council shall decide on each appeal. The city council shall decide the appeal within a reasonable time but in no event more than 45 days from the date of the filing of the appeal unless an extension of time is agreed to by the appealing party. The city council may reverse, defer, sustain, or modify any order, requirement, decision, or determination made by the zoning administrator or other authorized city official and to that end shall have all the powers of the administrative official from whom the appeal was taken. An appeal shall be sustained, or the decision below modified, only upon an expressed finding by the city council that the authorized city official's action was based on an erroneous finding of a material fact, or that said official's action was arbitrary. The action of the city council on an administrative appeal shall be final.

B.

Appeals from final decisions of the city council.

1.

Required appeal procedure. Any person aggrieved by a final decision of the city council regarding a special use permit, appeal, or variance, or any city officer or department head affected by such decision, is authorized to appeal such decision to the county superior court by filing with the clerk of said court a petition in writing setting forth plainly, fully and distinctly wherein such decision is contrary to law. Such appeal shall be filed within 30 days after the final decision of the city council is rendered.

2.

Notice to city council. Upon such filing, the clerk of the superior court shall give immediate notice thereof to the city clerk. Within 30 days, the city clerk shall cause to be filed with said superior court clerk a duly certified copy of the proceedings had before the city council, including a transcript of the evidence heard before it, if any, and the decision of the city council.

3.

Judicial procedure, superior court. Thereafter at the next term of the superior court, or in vacation upon ten days' notice to the parties, the judge of such court shall proceed to hear and pass upon the appeal. In determining the questions presented by the appeal, the court shall determine whether the decision of the city council is correct as a matter of law.

4.

Supersedeas may be granted. The filing of an appeal in the superior court from such final decisions of the city council shall not ipso facto act as a supersedeas, but a supersedeas may be granted by the court upon such terms and conditions as may seem reasonable and proper.

(Ord. No. 21-10-228, § 1, 10-5-2021)

If, within a reasonable time period after a rezoning has been approved by city council, development or improvements have not proceeded on the rezoned property, the zoning administrator may review the situation and report their findings with recommendations to the city council. The city council, after notifying the property owner in writing, can at a public hearing, change the zoning category to its prior or other appropriate zoning district. Decisions of the city council shall be final. Appeals of the decision of the city council may be appealed to the county clerk of superior court within 30 days of the final decision, by writ of certiorari.

(Ord. No. 21-10-228, § 1, 10-5-2021)