This division establishes procedures that apply to all application submittals and procedures for public hearings required by this zoning ordinance. Prior to the processing of any application for an amendment to the official zoning map, commonly referred to as a rezoning, variance, future land use map amendment, conditional use permit, or modification to conditions of zoning, the applicant shall be required to file documentation and follow certain procedures as set forth in this division. Additional regulations that apply to specific application types may be found in subsequent sections of this chapter.

(Ord. No. 480, § 1, 6-6-23)

(a)

Upon annexation of property, the mayor and city council shall assign the annexed property a zoning designation. Based on the DeKalb County zoning of the annexation property, the mayor and city council will assign the corresponding city zoning designation listed in subsection (b) unless mayor and city council determines that a different zoning designation is more appropriate based on the criteria set forth in Section 212. Procedures for the zoning of annexed property shall meet the requirements of O.C.G.A. § 36-66-4.

(b)

DeKalb County to City of Clarkston zoning conversion table.

(Ord. No. 480, § 1, 6-6-23)

Applications seeking approval of a rezoning, future land use map amendment, variance, or conditional use permit, or planned unit development shall include the following:

(a)

Pre-application meeting. Prior to the submittal of an application, the applicant shall meet with the city manager for a preliminary conference on the location, scope, and nature of the proposed development. A written report on the pre-application meeting shall be prepared and transmitted to the applicant and to the mayor and city council.

(b)

A legal description of the tract(s) that are the subject of the application.

(c)

The owner of the property that is the subject of an application shall certify by notarized signature that they are the applicant or have given authority to the applicant to file the application. When properties have more than one (1) owner, the notarized signature of all property owners shall be required.

(d)

An application fee established by the city.

(e)

A written analysis of the impact of the proposed application with respect to the applicable criteria established in this article.

(f)

A boundary survey completed by a certified surveyor depicting the following:

(1)

Existing shape and dimensions of each lot that is the subject of the application, including the size, measurement and location of any existing buildings or structures on the lot(s).

(2)

Existing location of utilities.

(3)

Streams, creeks, lakes, and ponds.

(4)

Easements and rights of way.

(g)

A site plan at a readable scale (1" = 100' minimum). The site plan shall contain the required number of sets (specified on each application) and shall demonstrate compliance with all regulations and calculations required by this zoning ordinance. Unless waived by the city manager as inapplicable in the case of minor building permits, site plans shall include but not be limited to the following information:

(1)

A correct scale and north arrow.

(2)

The present zoning classification and future land use category of the subject and all adjacent parcels.

(3)

The name and address of the owner(s) of the subject and all adjacent parcels.

(3)

Proposed land use and building footprints with door locations.

(4)

The gross square footage of proposed buildings.

(5)

Required yard setbacks appropriately dimensioned.

(6)

Densities.

(7)

The location of required off-street parking and loading spaces including total number of spaces; and space and driveway dimensions.

(8)

Internal circulation including the proposed location of all driveways and entry/exit points for vehicular traffic, using arrows to depict direction of movement.

(9)

Building height.

(10)

Sidewalks.

(11)

Utilities, grading, drainage, amenities, and similar details including their respective measurements.

(12)

Any applicable buffer boundaries such as: including streams or other planted buffers as required by zoning district.

(13)

Landscape and tree plan. This plan shall demonstrate compliance with all regulations and calculations required by the zoning ordinance related to landscaping and trees and shall include but not be limited to the following information:

(i)

Landscaping, including tree species, the number of all plantings, and landscaping that is replacing what is being removed.

(ii)

The location and extent of required buffers and screened areas, depicting extent of natural vegetation and type and location of additional vegetation if required.

(iii)

Open space.

(14)

Architectural design. The architectural design elements showing compliance with all regulations and calculations required by the zoning ordinance which shall include but not be limited to the following information:

(i)

Scaled elevation drawings of proposed structures.

(ii)

Information on building materials, features, exterior finishes, windows, doors, colors, and items affecting exterior appearance, such as signs, HVAC equipment, and similar details including their respective measurements.

(h)

Applications seeking approval of a rezoning, conditional use permit, or planned unit development that meet any of the following criteria shall be required to include a traffic impact study (TIS) before the application can be considered complete. The report shall include but not be limited to the following information:

(1)

The proposed development has at least thirty (30) dwelling units, fifteen thousand (15,000) square feet of office space, and/or ten thousand (10,000) square feet of commercial space.

(2)

The proposed development is a public or private school with a capacity of at least one hundred (100) students.

(3)

The proposed development is expected to generate forty (40) or more new vehicle trips during an AM or PM peak hour or three hundred (300) or more new vehicle trips in an average day.

(4)

Trip generation shall be calculated based on the most current edition of the Institute of Transportation Engineers (ITE) Trip Generation Manual. Trip estimates developed to identify the need for a TIS should not include trip reductions below ITE rates.

(i)

Applications seeking approval of a rezoning, conditional use permit, or planned unit development that meet any of the following criteria shall be required to include an economic impact study before the application can be considered complete:

(1)

Large scale commercial development with over thirty thousand (30,000) square feet gross floor area.

(2)

The economic impact study shall include an analysis of job creation, employment opportunities for residents, tax generation, and other fiscal impacts on the city.

(j)

Applications seeking approval of a rezoning, conditional use permit, or planned unit development that includes any industrial uses or structures shall be required to include an environmental impact report before the application can be considered complete. The report shall include but not be limited to the following information:

(1)

Any noise produced by the potential use that impacts the surrounding area.

(2)

Impacts of the potential use on the air quality of the surrounding area.

(3)

Impacts on water quality/resources including surface water, groundwater, floodplains, and wetlands.

(4)

Impacts on vegetation, fish, and wildlife species and habitats.

(5)

Impacts of thermal and explosive hazards on the surrounding area.

(6)

Impacts of hazardous wastes on the surrounding area.

(7)

Uses and quantities of any agents listed on the Federal Environmental Protection Agency Lists of Hazardous Wastes.

(8)

Strategies to mitigate or avoid impacts listed in this section as applicable.

(Ord. No. 480, § 1, 6-6-23)

(a)

No application shall be deemed accepted and filed until all required fees have been paid, all required forms have been submitted and all required materials, including any study that may be required at the discretion of the city manager, have been submitted. The date an application is complete and hence accepted and filed shall be noted on the application form by the city manager. Any subsequent deadlines tied to date of application shall begin to run as of said date.

(Ord. No. 480, § 1, 6-6-23)

(a)

City manager review. Upon receipt of an application for a rezoning, future land use map amendment, variance, conditional use permit, planned unit development, or upon notice from two (2) or more mayor and city council members of a proposed text amendment, and within thirty (30) days of receipt of the formal application and all required information, the city manager shall review the application (or proposed text amendment) and prepare a written analysis of the application (or proposed text amendment), which shall be provided to the planning and zoning board as well as the mayor and city council.

(b)

Planning and zoning board review.

(1)

All applications for rezoning, future land use map amendment, variance, conditional use permit, planned unit development, and all proposed amendments to the text of the zoning ordinance shall be submitted to the planning and zoning board for review. Such review shall be conducted based upon the standards set forth in the appropriate section of this zoning ordinance, depending on the type(s) of the applications. When a complete application is received, the planning and zoning board shall consider the application at its next regularly scheduled meeting, unless deferred pursuant to this section. Such meeting shall include a public hearing and follow procedures required in Sec. 206 of this article.

(2)

The city clerk shall cause notice of the time, place, and purpose of the public hearing and a copy of the city manager's report on the application to be published on the city's website at least fifteen (15) days prior to the public hearing.

(3)

Upon motion, the planning and zoning board may defer any application which it deems to be incomplete. The fact that a required community open house meeting has not yet been held shall cause the application to be deemed incomplete and necessitate a deferral. A complete application may be deferred on only one (1) occasion.

(4)

The planning and zoning board shall make a recommendation to the mayor and city council with respect to its findings. The recommendations shall be a part of the permanent record of the application and shall be reported at any meeting of the mayor and city council which considers the application. In addition, the city clerk shall cause the planning and zoning board's recommendation to be posted on the city's website from the time that it is available until a final decision on the application is made by the mayor and city council.

(5)

Failure to act.

i.

Failure by the planning and zoning board to act upon any application shall not cause a delay of process unless such failure is due to incomplete data or information in an application. Should the planning and zoning board fail to act upon any complete application, it shall pass to the mayor and city council with a notation thereon that the planning and zoning board has reviewed but failed to act upon the application.

ii.

If the planning and zoning board fails to submit a report within thirty (30) days of its first meeting after it has considered an application that is complete in all respects, it shall be deemed to have recommended approval of the proposed amendment. However, the planning and zoning board and the applicant for an amendment may jointly agree to postpone action for a thirty (30) day period.

(6)

The mayor and city council shall hear the application at their next meeting which complies with O.C.G.A. § 36-66-1 et seq., as it now exists and may be amended hereafter.

(7)

Provisions for application withdrawal shall be as established in Sec. 207.

(c)

Mayor and city council.

(1)

Before the mayor and city council shall approve or deny any rezoning, future land use map amendment, variance, conditional use permit, planned unit development, or text amendment they shall hold a public hearing thereon, to be conducted pursuant to procedures outlined in this zoning ordinance and those provided in O.C.G.A. § 36-66-1 et seq., as it now exists and may be amended hereafter.

(2)

Notwithstanding any other provisions of this chapter to the contrary, when a proposed zoning decision relates to an amendment of the zoning ordinance to revise one (1) 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, or rezoning of property from single-family residential to a category that allows multifamily uses if the rezoning is initiated by the City rather than the property owner, then such zoning decision must be adopted in the following manner:

i.

The zoning decision shall be adopted at two (2) regular meetings of the local government making the zoning decision, during a period of not less than twenty-one (21) days apart.

ii.

Prior to the first meeting provided for in subparagraph (i) of this paragraph, at least two (2) public hearings shall be held on the proposed action. Such public hearings shall be held at least three (3) months and not more than nine (9) months prior to the date of final action on the zoning decision. Furthermore, at least one (1) of the public hearings must 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 under subsection (i) of this Code section.

iii.

Notice requirements for such hearings are in subsection (d).

(3)

Final action.

i.

The mayor and city council shall approve, approve with conditions, or deny the request. Such final zoning action may occur at the time of the public hearing or at the next regularly scheduled mayor and city council meeting.

ii.

The mayor and city council shall not be bound by but shall consider the recommendations of the planning and zoning board in its deliberations on the application.

(4)

Provisions for application withdrawal shall be as established in Sec. 207.

(d)

Public notice of public hearings.

(1)

Legal notice. Notice of a hearing pursuant to this ordinance shall be published in the legal organ of the city in which the legal advertisements of the city are published. Where the proposed action includes any combination of zoning decisions under subparagraphs (C), (E), or (F) of paragraph (4) of O.C.G.A. § 36-66-3 for the same property, the local government shall cause to be published within a newspaper of general circulation within the territorial boundaries of the local government a notice of the hearing at least fifteen (15) but not more than forty-five (45) days prior to the date of the hearing. The notice shall state the time, place, and purpose of the hearing. Notices announcing public hearing for considering an application to rezone property or an application for a special use shall also include the location of the property, and the present and proposed zoning classification or the proposed special use of the property, as appropriate.

(2)

Property posting. The applicant shall post a sign or signs provided by the city in a conspicuous place on the property a minimum of fifteen (15) calendar days prior to a public hearing that shall comply with the following requirements:

i.

Be readable from each street on which the property fronts, or if the property has no street frontage, from each street from which access will be gained;

ii.

Clearly indicate the following information

a.

Present zoning classification of the property;

b.

Proposed zoning classification or special use; date and time; and

c.

Location of the public hearing.

iii.

Be maintained by applicant to prevent removal from the property or destruction for the period commencing on the date the public notice appears in the newspaper through the date of the public hearing.

(3)

Written notice to adjacent and nearby property owners. The applicant shall give written notice by certified mail return receipt requested to all property owners within three hundred (300) feet of the boundaries of the property as appears in DeKalb County tax records. The measurement shall be performed from each boundary of the property that is the subject of a zoning petition or special use application. Public notices shall be mailed such that they are received a minimum of fifteen (15) calendar days and a maximum of forty-five (45) calendar days prior to the public hearing. The return receipts shall be provided to the city manager within one (1) week of receipt.

(4)

A quasi-judicial officer, board, or agency shall provide for a hearing on each proposed action. Notice of such hearing shall be provided at least 30 days prior to the quasi-judicial hearing, with such notice being made as provided for in subsection (1) of this Code section and with additional notice being mailed to the owner of the property that is the subject of the proposed action.

(5)

The local government shall give notice of such hearings outlined in subsection (d) by:

i.

Posting notice on each affected premises in the manner prescribed by subsection (b) of this Code section; provided, however, that when more than five hundred (500) parcels are affected, in which case posting notice is required every five hundred (500) feet in the affected area; and

ii.

Publishing in a newspaper of general circulation within the territorial boundaries of the local government a notice of each hearing at least fifteen (15) days and not more than forty-five (45) days prior to the date of the hearing.

iii.

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 (9) 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 clerk or the recording officer of the local government and in the office of the clerk of the superior court of the county of the legal situs of the local government for the purpose of examination and inspection by the public. The local government shall furnish anyone, upon written request, a copy of the proposed amendment, at no cost.

(6)

The provisions of paragraph (5) 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 a local government or zoning decisions that result in the rezoning of all property zoned for single-family residential uses within the territorial boundaries of a local government to multifamily residential uses of property.

(7)

Posting of property associated with an amendment to the official zoning map initiated by the City of Clarkston shall not be required.

(8)

All hearings of any quasi-judicial officer, board or agency and city council shall be open to the public and shall comply with the Georgia Open Meetings Act.

(Ord. No. 480, § 1, 6-6-23)

Whenever the mayor and city council conduct a public hearing in connection with a zoning decision or quasi-judicial action, as required by O.C.G.A. Section 36-66-4, as it now exists and may be amended hereafter, the following procedures shall be observed:

(a)

Speaker registration. The applicant in favor will automatically be registered to speak in support of the application. Any other person wishing to speak, either in support or opposition to the application, shall register with the city clerk. Registration may be accomplished through the city website between 9:00 a.m. and 4:00 p.m. on the day of the hearing, or in person at city hall beginning one (1) hour prior to the start of the meeting during which the public hearing will be held ending five (5) minutes prior to the start of the meeting. The speaker's registration shall indicate whether the person registering to speak wishes to speak in support or opposition to the application. The city clerk shall create and maintain a list of proponents and opponents registered to speak at a public hearing and the order in which they registered.

(b)

Total time allotted for public hearing. Before the public hearing is opened for public comments, the mayor (or presiding officer) shall announce a total time allotted for the public hearing. The total time allotted shall be no less than twenty (20) minutes (ten (10) minutes per side) and no longer than one (1) hour (thirty (30) minutes per side). At all public hearings, the proponents and opponents of the application shall collectively be allotted equal time to present their views to the mayor and city council.

(c)

Time allotted to each registered speaker. The total time per side allotted for the public hearing (per Sec. 206(b)) shall be equally divided among registered speakers. Except for the applicant, each speaker shall initially be limited to a maximum of three (3) minutes to speak. In the event that all registered speakers on one side of an application have had an opportunity to speak and a portion of the total time for that side (proponents or opponents) remains unused, registered speakers will have an opportunity to speak again within the total time allotted for their side, restarting at the beginning of the registration list.

(d)

Order of public comment at hearing.

(1)

Proponents. The mayor and city council shall first hear from the proponents of the application. The applicant will have the first opportunity to speak. Then individuals that registered to speak in support of the application shall have the opportunity to speak, in the order that they registered.

(2)

Opponents. After the proponents' comments are complete, the opponents shall have the opportunity to speak. Individuals that registered to speak in opposition to the application shall have the opportunity to speak, in the order that they registered.

(e)

Public hearing is not an opportunity for dialogue. The public hearing is strictly for proponents and opponents to express their opinions regarding the application to the mayor and city council. Speakers shall not direct questions to the applicant, mayor and city council members or city staff during the public hearing. Mayor and city council members may wish to question the applicant and/or proponent and/or opponent of the application as part of the council's consideration of the application. However, any such dialogue will be conducted outside of the public hearing portion of the meeting.

(f)

Whenever a public hearing is held to consider a zoning decision, the city manager or his/her designee shall cause the written criteria found in this zoning ordinance which apply to the zoning decision under consideration to be printed and made available to all persons attending the public hearing.

(Ord. No. 480, § 1, 6-6-23)

(a)

Once an application for a rezoning, future land use map amendment, variance, conditional use permit, or planned unit development has been made, the applicant may withdraw the application without prejudice only until the legal advertisement of the public hearing is published by the legal organ. An application may not be withdrawn by an applicant or property owner under any circumstance after the legal advertisement of the public hearing has been placed. All applications, having been advertised, shall be considered by the planning and zoning board and mayor and city council as appropriate and shall receive final action.

(b)

No application or reapplication for the same type of application rezoning, future land use map amendment, variance, conditional use permit, or planned unit development affecting the same land or any portion thereof shall be acted upon within twelve (12) months from the date of denial of the last application by the mayor and city council, unless such twelve (12) month period is waived by the city council and in no case may such an application or reapplication be reconsidered in less than six (6) months from the date of last action by the city council. Administrative variances shall not be subject to this time lapse requirement.

(Ord. No. 480, § 1, 6-6-23)

In approving a rezoning, future land use map amendment, variance, conditional use permit, or planned unit development the mayor and city council may impose special conditions which they deem necessary to make the requested action acceptable and consistent with the purposes of the district(s) involved and to further the goals and objectives of the comprehensive plan. Should the mayor and city council impose special conditions, the following conditional zoning standards shall apply:

(a)

Each general district established in this chapter shall have a subclassification thereunder known as "conditional" for that classification.

(b)

All zoning districts as shown on the official zoning map with a suffix "C" after the district designation (i.e., NC-1-C) denote that the parcel is zoned "conditional" under previous ordinance amendments by the council. Such conditions shall remain in effect, and copies of such conditional ordinances may be obtained from the clerk of council.

(c)

After conditions are approved by the mayor and council, a request for a building permit shall be submitted to the city manager, who shall make the determination that the final building and site plans are in conformance with the approved site plan and with any conditions attached by the council.

(1)

Minor changes in the approved site plan may be authorized by the city manager. For the purposes of this chapter, a minor change in the approved site plan means a change to a site plan that was approved by the city council as a condition of a zoning ordinance, provided that the change in layout does not result in the visible intrusion of any building, structure, driveway, walkway, parking lot, plaza, wall, or similar built element into any open space, yard, landscaped buffer, undeveloped space, or any similar space, when any such space is shown on the site plan as being next to and visible from a property line or street. The term "minor change" does not include any increase in the height in feet of any building or structure, any increase in the number of parking spaces, any increase in total square footage of any heated and/or livable space of any buildings and/or structures, or the addition of any buildings or structures, driveways, roads, or parking lots into any open space, yard, landscaped buffer, undeveloped space, or any similar space when any such space is shown on the approved site plan as lying next to and visible from a property line or street.

(2)

If for any reason, development and use of property approved in accordance with the procedure outlined above cannot be accomplished, the plans shall not be altered, changed or varied, except after approval by the council.

(Ord. No. 480, § 1, 6-6-23)

The zoning and sign fees designated by the mayor and city council shall be established by separate ordinance or resolution, to be updated as necessary.

If the work to improve the subject property or use of property that is the subject of an application or permit is commenced prior to the application being approved, the fee charged for said application or permit shall be double the amount otherwise charged pursuant to the applicable fee schedule.

(Ord. No. 480, § 1, 6-6-23)

Building permits or certificates of occupancy issued on the basis of plans and applications approved by the building official authorize only the use, arrangement, and construction set forth in such approved plans and applications. Any other use, arrangement, or construction which varies from approved plans shall be deemed a violation of this ordinance.

All employees of the city which are vested with the duty or authority to issue permits or licenses shall issue no permit or license for any use, building, or purpose if the same shall be in conflict with the provisions of this ordinance.

(Ord. No. 480, § 1, 6-6-23)

Rezoning applications can be initiated by one (1) of the following:

(a)

The mayor and city council may initiate amendments to the official zoning map. The requirements for applications in Sec. 203 and 212(b) shall not apply to amendments initiated by the mayor and city council.

(b)

Any person, firm, corporation, or agency may initiate applications to amend the official zoning map, provided that said person, firm, corporation or agency is the owner or the authorized agent of the owner of all of the property involved.

(Ord. No. 480, § 1, 6-6-23)

The official zoning map may be amended by the mayor and city council. Rezoning applications shall be filed with the Planning and Economic Development Manager or Director. Amendments to the official zoning map shall meet the following procedures and criteria:

(a)

Procedures and application requirements for rezoning applications shall comply with Sec. 204 through Sec. 206 of this article.

(b)

Community open house meetings.

(1)

Applicability. Filing of any of the following applications shall trigger the requirement for the applicant to hold a community open house meeting:

(i)

An application seeking rezoning of more than five thousand (5,000) square feet of property;

(ii)

An application seeking approval of a planned unit developments;

(2)

Requirements for meeting. The purpose of the meeting is for the applicant and interested community members to have dialogue about the proposed project. Community open house meetings, when required, shall be held as close as reasonably possible to the subject property within the city. The required meeting shall take place prior to the applicant submitting their application to the city manager. Any cost associated with holding a community open house meeting shall be paid by the applicant.

(3)

Notice of meeting. To properly notify interested neighbors of the community open house meeting, the applicant required to hold a community open house meeting shall mail a letter to every property owner within three hundred (300) feet of the subject property providing notice of the time, place, and purpose of the community open house meeting.

(4)

Post-meeting reporting. The applicant required to hold a community open house meeting shall provide, with their application to the city manager, the following:

(i)

A written summary of the community open house meeting.

(ii)

A list of all meeting attendees.

(iii)

A summary of the concerns and issues expressed during the meeting.

(iv)

A summary of the applicant's responses to the concerns and issues expressed.

(v)

A copy of the mailing list of all property owners within three hundred (300) feet of the subject property, including name, street address, and parcel identification number.

(vi)

A copy of the form letter mailed to the property owners within three hundred (300) feet of the subject property informing them of the community open house meeting.

(5)

Applicants that comply with all requirements of the community open house meeting under this subsection, regardless of how many participants attend the scheduled meeting, are deemed to have met the community open house meeting requirement of this subsection.

(c)

Review. With respect to each application for a rezoning the planning and zoning board and mayor and city council shall investigate and make a recommendation based on the following criteria:

(1)

The effect upon the health, safety, or general welfare of the public compared to any hardship imposed upon the individual property owner seeking rezoning should rezoning be denied.

(2)

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

(3)

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

(4)

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

(5)

Whether the zoning proposal will result in a use that may cause an excessive or burdensome use of existing transportation facilities and other infrastructure, such as schools, water, and sewer

(6)

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.

(7)

Whether the zoning proposal is compatible with the principles of the city's comprehensive plan.

(8)

Whether the zoning proposal is compatible with the most current adopted version of the future land use map of the comprehensive plan.

(Ord. No. 480, § 1, 6-6-23)

Initiation of amendments. Future land use map amendments may be initiated by one (1) of the following:

(a)

The mayor and city council may initiate amendments to the future land use map. The requirements for applications in Sec. 203 shall not apply to amendments initiated by the mayor and city council.

(b)

Any person, firm, corporation or agency may initiate applications to amend the future land use map, provided that said person, firm, corporation or agency is the owner or the authorized agent of the owner of all of the property involved.

(Ord. No. 480, § 1, 6-6-23)

Future land use map amendment applications shall be filed with the Planning and Economic Development Manager or Director. Amendments to the future land use map shall meet the following procedures and criteria:

(a)

Procedures and application requirements for future land use map amendment applications shall comply with Sec. 204 through Sec. 206 of this article.

(b)

Review. With respect to each application for a future land use map amendment, Planning and Zoning Board shall investigate and make a recommendation and City Council shall investigate and make a final decision based on the following criteria:

(1)

Whether the future land use map amendment proposal is compatible with the surrounding future land uses as identified in the future land use map.

(2)

Whether the future land use map amendment proposal can be adequately served by existing transportation facilities and other infrastructure, such as schools, water and sewer.

(3)

Whether the future land use map amendment proposal negatively impacts natural and historic resources identified by the city.

(4)

Whether the future land use 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.

(5)

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

(6)

Whether the future land use map proposal meets the policies and intent established in the comprehensive plan.

(c)

Re-submittal of land use amendment application. An application for an amendment affecting the same property shall not be submitted more often than once every six (6) months; however, this provision shall not apply to those properties affected by an amendment filed by the mayor and city council.

(Ord. No. 480, § 1, 6-6-23)

The mayor and city council may authorize variances from the terms of this zoning ordinance upon proper application and in specific cases. Applications should be submitted and reviewed by the city manager for technical review and recommendation in the form of a written staff report. Variance applications shall meet the following procedures and criteria:

(a)

Procedures and application requirements for variance applications shall comply with Sec. 204 through Sec. 206 of this article.

(b)

Mayor and city council decision.

(1)

Final action shall be made no later than sixty (60) days following filing of a complete application, unless extended by agreement of the applicant.

(2)

The mayor and city council may require accompanying written requirements as part of a "variance decision," thereby approving the variance as "conditional."

(c)

Appeals of a "variance decision" of the mayor and city council by an aggrieved party shall be available by writ of certiorari to the DeKalb County superior court.

(d)

The existence of a nonconforming use of neighboring land, buildings, or structures in the same or in other districts shall not constitute a reason for a variance.

(e)

Review. With respect to each application for a variance, Planning and Zoning Board shall investigate and make a recommendation and City Council shall investigate and make a final decision to grant a variance in an individual case of unnecessary hardship upon a finding that all of the following conditions exist:

(1)

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

(2)

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

(3)

Such conditions are not the result of the actions of the applicant.

(4)

A literal interpretation of the provisions of this ordinance would create an unnecessary hardship.

(5)

The variance requested will not cause substantial detriment to the public good nor impair the purposes or intent of this zoning ordinance.

(6)

The variance is not a request to permit a structure or use of land not authorized in the applicable district.

(Ord. No. 480, § 1, 6-6-23)

The city manager or his/her designee shall have the option to grant variances from the development and design standards of this ordinance, where the intent of the ordinance can be achieved and equal performance obtained by granting a variance.

(a)

Review. With respect to each application for an administrative variance, the city manager shall review and make a decision based on the following criteria.

(1)

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

(2)

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

(3)

Such conditions are not the result of the actions of the applicant.

(4)

A literal interpretation of the provisions of this ordinance would create an unnecessary hardship.

(5)

The variance requested will not cause substantial detriment to the public good nor impair the purposes or intent of this zoning ordinance.

(6)

The variance is not a request to permit a structure or use of land not authorized in the applicable district.

(b)

The authority to grant such variances shall be limited to variance from the following requirements:

(1)

Front yard or yard adjacent to public street—Reduction not to exceed ten (10) percent of that required.

(2)

Side yard. Reduction not to exceed three (3) feet of that required.

(3)

Rear yard. Reduction not to exceed five (5) feet of that required.

(4)

Height of building. Reduction not to exceed five (5) feet of that required.

(5)

Fenestration. Reduction not to exceed twenty (20) percent deducted from that required.

(6)

Landscape zone. Reduction not to exceed two (2) feet of that required.

(7)

Sidewalk zone. Reduction not to exceed two (2) feet of that required.

(c)

Procedures for applications.

(1)

The city manager shall review and decide upon each complete application pursuant to the standards referred to in Sec. 216(a). A written decision on each such application shall be issued no later than thirty (30) days from the date a complete application was filed unless an extension is agreed to by the applicant and city manager.

(2)

The application for an administrative variance shall state the specific regulation from which exception is sought and the reasons the exception is needed. The application shall contain such information as the city manager deems necessary to evaluate the request.

(3)

Appeals from a final decision on an administrative variance by an aggrieved party shall follow the appeals procedure of section 220 and 221.

(d)

Public hearing. Administrative variances pursuant to this section require a public hearing, which shall be scheduled and conducted by the city manager. This public hearing shall follow the procedures set forth in Section 206 (except that it shall be conducted by the city manager). The city manager shall provide notice of the public hearing in compliance with Section 205.

(Ord. No. 480, § 1, 6-6-23)

(a)

Procedures and application requirements for planned unit development applications shall comply with Sec. 204 through Sec. 206 of this article.

(b)

Additional application requirements:

(1)

A preliminary outline of proposed protective covenants, including provisions for the organization and continued financing of a property owners' association except in commercial planned unit developments.

(2)

Any statistical tabulations required to show that the proposed development meets the specific requirements of the proposed planned unit development.

(3)

Review. With respect to each application for a planned unit development, Planning and Zoning Board shall investigate and make a recommendation and City Council shall investigate and make a final decision based on the following criteria:

(i)

Whether the proposed development is suitable in view of the use and development of adjacent and nearby property.

(ii)

Whether the proposed development adversely affects the existing use or usability of adjacent or nearby property.

(iii)

Whether the proposed development results in a use which will or could cause an excessive or burdensome use of existing streets, transportation facilities, utilities or schools.

(iv)

Other existing or changing conditions which, because of their impact on the public health, safety, morality and general welfare of the community give supporting grounds for either the approval or denial of the proposed development.

(c)

Preliminary and final land subdivision plats. If the proposed planned unit development is to be subdivided, then the application for approval of the planned unit development shall include all information required for the preliminary approval of a subdivision under chapter 17, subdivision regulations, of the City Code.

(1)

The applicant may request approval of the preliminary plat concurrently with their application for the planned unit development. Final approval of the planned unit development by the mayor and city council authorizes the applicant to prepare a final land subdivision plat when applicable.

(2)

A final land subdivision plat shall be prepared by the developer after approval of the preliminary plat.

(3)

If the final land subdivision plat meets the requirements of subdivision regulations of the city, it shall be approved by the planning and zoning board and the mayor and city council and recorded in accordance with land subdivision regulation procedures.

(4)

No site development shall be undertaken by the applicant and no permits shall be issued to him/her until the preliminary land subdivision plat has been officially approved by the planning and zoning board and the mayor and city council in accordance with the Clarkston land subdivision regulations (chapter 17 of the City Code).

(d)

Modification of approved planned unit developments: The city manager or his/her designee shall have sole authority to approve minor changes to approved planned unit developments. For the purposes of this section, a minor change in the approved planned unit development means a slight alteration to a planned unit development or change in layout that does not result in the visible intrusion of any building, structure, driveway, walkway, parking lot, plaza, wall or similar built element into any open space, yard, landscaped buffer, undeveloped space, or any similar space, when any such space is shown on the final "conditional" plan as being next to and visible from a property line or street.

(Ord. No. 480, § 1, 6-6-23)

(a)

All of the land in a planned unit development shall be owned initially by an individual, by a corporation or by some other legal entity until development of the project is complete.

(b)

After the development is complete, as a precondition to obtaining certificate(s) of occupancy for building(s) in the planned unit development, the developer shall either:

(c)

Record a final subdivision plat that creates a separate lot for each dwelling place and subjects each lot in the development to private deed covenants that assure the continuance of the planned unit development as originally approved and developed and require maintenance of the common areas, if applicable, by the owners of the subdivided lots; or

(d)

Record a condominium declaration pursuant to the Georgia Condominium Act.

(Ord. No. 480, § 1, 6-6-23)

(a)

Procedures and application requirements for conditional use permit applications shall comply with Sec. 204 through Sec. 206 of this article.

(b)

Certain uses of property, designated as conditional uses by Article IV of this Zoning Ordinance, are declared to possess characteristics that may be incompatible with other uses in the district within which they are proposed for location. A conditional use permit allows the mayor and city council to give special consideration to these uses. No conditional use shall be constructed, erected, enlarged, performed, or otherwise undertaken without first obtaining a conditional use permit.

(c)

Conditional use permit applications shall be authorized only for those uses specifically listed in the applicable zoning district regulations, as permitted by conditional use permit, and in compliance with any applicable supplemental regulations.

(d)

Review. With respect to each application for a conditional use permit, Planning and Zoning Board shall investigate and make a recommendation and City Council shall investigate and make a final decision based on the following criteria:

(1)

Whether the conditional use would be injurious to the use and enjoyment of the environment or of other property in the immediate vicinity or diminish and impair property values within the surrounding neighborhood;

(2)

Whether the proposed conditional use would increase local or state expenditures in relation to cost of servicing or maintaining neighboring properties;

(3)

Whether the establishment of the conditional use would impede the normal and orderly development of surrounding property for uses predominant in the area; and

(4)

Whether the location and character of the proposed conditional use would be consistent with a desirable pattern of development for the locality in general.

(e)

Once a conditional use has been approved by the mayor and council, said conditional use and any conditions shall run with the land upon which the conditional use was approved, except under the following conditions which would allow the revocation of a conditional use permit:

(1)

The conditional permit will expire when the approved use ceases for six (6) months or more.

(2)

The conditional permit will expire if the approved use has not begun six (6) months after the approval date.

(Ord. No. 480, § 1, 6-6-23)

(a)

Any person or persons, jointly or severally, aggrieved by a zoning decision may appeal said decision in accordance with O.C.G.A. § 36-66-5.1.

(b)

Pursuant to O.C.G.A. § 36-66-5.1(c)(1), the City designates the City Clerk to approve or issue the certificate necessary to perfect a zoning decision appeal petition and upon whom service of such petition may be effected or accepted on behalf of the quasi-judicial officer, board or agency.

(c)

Pursuant to O.C.G.A. § 36-66-5.1(c)(2), the City designates the mayor to accept service and upon whom service of an appeal of a quasi-judicial decision may be effected or accepted on behalf of the local governing authority.

(Ord. No. 480, § 1, 6-6-23)

Any person with a special interest in a zoning decision that is substantially aggrieved by the final decision of the mayor and city council may take an appeal to the superior court pursuant to O.C.G.A. § 36-66-5.1. Such an appeal to the superior court shall be filed within thirty (30) days from the date of the final written decision of the mayor and city council. Upon failure to file the appeal within thirty (30) days, the decision of the mayor and city council shall be final.

(Ord. No. 480, § 1, 6-6-23)

(a)

Any person violating any provision of this ordinance shall be guilty of a misdemeanor and, upon conviction, shall be fined not more than one thousand dollars ($1,000.00) or imprisoned for not more than one hundred eighty (180) days or both for each offense. Each day such violation continues shall constitute a separate offense.

(b)

The owner or tenant of any building, structure, premises, or part thereof, and any architect, builder, contractor, agent, or other person who commits, participates in, assists in, or maintains such violation may each be found guilty of a separate offense and suffer the penalties herein provided.

(c)

Nothing herein contained shall prevent the city from taking such other lawful action as is necessary to prevent or remedy any violation.

(Ord. No. 480, § 1, 6-6-23)

If any building or structure is erected, constructed, reconstructed, altered, repaired, converted, or maintained or if any building, structure or land is used in violation of this ordinance, the mayor or council of Clarkston, the building inspector, or any adjacent or other property owner who would be damaged by such violation, in addition to other remedies, may institute injunction, mandamus or other appropriate action in proceeding to stop the violation in the case of such building, structure or land use.

(Ord. No. 480, § 1, 6-6-23)

Within the zoning districts established by this zoning ordinance or amendments that may be adopted later there might exist land, structures, and uses of land and structures in combination which were lawful before this zoning ordinance was passed or amended, but which would be prohibited, regulated, or restricted under the terms of this zoning ordinance or future amendments. Such nonconforming uses are declared by this zoning ordinance to be incompatible with permitted uses in the districts involved. It is the intent of this zoning ordinance to permit these nonconformities to continue until they are removed, but not to encourage their continuance.

(Ord. No. 480, § 1, 6-6-23)

To avoid undue hardship, the lawful use of any building, structure or land use at the time of enactment of this zoning ordinance may be continued even though such use does not conform with the provisions of this zoning ordinance except that the nonconforming building or land use shall not be:

(a)

Changed to another nonconforming use. A change in tenancy or ownership shall not be considered a change to another nonconforming use, provided that the use itself remains unchanged.

(b)

Reestablished after discontinuance of six (6) months or more. When a nonconforming use of a building, structure or land use is discontinued for a continuous period of six (6) months, the building, structure or land shall not thereafter be used except in conformity with the existing zoning regulations of the district in which the building, structure or land is located. The provisions of this subparagraph shall operate to prohibit resumption of the nonconforming use after the specified time has elapsed, regardless of any reservation of an intent not to abandon the right to use the building, structure or land use not in conformance with the provisions of this zoning ordinance.

(c)

Major repairs, rehabilitation or alterations. A nonconforming building or structure that is repaired, rebuilt, or altered after damage exceeding fifty (50) percent of its replacement cost at the time of destruction for all uses shall be brought into conformity with the provisions of this zoning ordinance. As an exception to this requirement, single-family detached uses shall be permitted after any damage to be repaired or rebuilt to the equivalent of its pre-damaged condition. Authorized reconstruction shall begin within one (1) year after damage is incurred.

(d)

Enlargement or alteration. Enlarging, extending, altering or moving a building or structure that would increase its nonconformity shall not be allowed, except that a nonconforming use may be extended into an additional area of a building or structure that existed at the time of passage or amendment of this zoning ordinance. No such nonconforming use shall be extended to occupy any land outside such building or structure.

Also, to avoid undue hardship, nothing in this zoning ordinance shall be deemed to require a change in the plans, construction, or designated use of any building on which actual construction was lawfully begun prior to the effective date of adoption or amendment of this zoning ordinance.

(Ord. No. 480, § 1, 6-6-23)

Any lot of record existing at the time of adoption or amendment of this zoning ordinance, which has an area or width which is less than required or more than permitted by this zoning ordinance, shall be subject to the following requirements, exceptions and modifications.

(a)

Adjoining lots. When two (2) or more adjoining and vacant lots with continuous frontage are in a common ownership at the time of application to develop one (1) or more such lots, and such lots have a frontage or lot area less than is required by the district in which they are located, such lots shall be re-platted so as to create one (1) or more lots which conform to the minimum frontage requirements of the district. This shall not apply to lots within a development approved prior to the effective date of this ordinance.

(b)

Lots not meeting minimum lot size requirements. When a lot has an area or frontage which does not conform to the requirements of the district in which it is located but was a lot of record at the effective date of this zoning ordinance, such lot may be used for any use allowed in the zoning district in which it is located provided that all other requirements of this zoning ordinance are met. In no case shall any substandard lot in a residential district be subdivided.

(c)

In the case of such a lot, when it is not possible to comply with the required side yard setbacks and still construct a viable dwelling on the property, the mayor and city council are hereby authorized to grant a variance reducing the side yard requirements for such lot, only to the minimum extent necessary for a reasonable dwelling. However, in no case shall any side yard setback requirement be reduced to less than five (5) feet in width

(Ord. No. 480, § 1, 6-6-23)