The provisions of this chapter shall be administered by the Department, in cooperation with the Conyers Planning Commission, the Board of Zoning Appeals and Adjustments and the City Council of the City of Conyers.

(Ord. No. 1332, § 1(Exh. A), 9-20-2023; Ord. No. 1413, § 1, 3-19-2025)

In addition to the jurisdiction, authority, and duties that may be conferred on the Department, or its designee, by other provisions, it shall also have the following powers and duties under this chapter:

(a)

The Department is authorized to issue permits and approvals, as provided in this chapter.

(b)

It shall be the duty of the Department to administer and enforce the provisions of this chapter.

(c)

The Department shall accept and process applications for comprehensive plan amendments, official zoning map or text amendments, variances, special use permits, special exceptions, waivers, appeals, concept plans, preliminary and final plats, permits, certificates of occupancy or any other such business as may be scheduled for public hearing by the City Council, the Planning Commission or the Board of Zoning Appeals and Adjustments, as required by this chapter.

(d)

The Department shall keep records of actions on comprehensive plan amendments, official zoning map or text amendments, variances, special use permits, special exceptions, waivers, appeals, concept plans, preliminary and final plats, permits, and certificates of occupancy along with notation of all special conditions involved. The Department shall file and safely keep these records; along with copies of all related applications, reviews, opinions, public hearings, sketches and plans submitted and other related documents that are to be made a part of the public record.

(e)

The Department shall research facts and prepare reports for the City Council, the Planning Commission and the Board of Zoning Appeals and Adjustments related to their actions in the matters described in this chapter. Those reports shall be in writing on a form prescribed by the Department and shall be made a part of the public record.

(f)

The Department shall maintain, update and interpret the official zoning map, future land use map, existing land use map and other maps required for the administration of this chapter; including all amendments thereto.

(g)

The Department shall review applications and plans for land disturbance permits, land development permits and building permits to ensure conformity with the requirements of this chapter and other relevant City ordinances; and approval or denial of said applications.

(h)

In response to a written request by the property owner or owner's authorized agent, the Department may issue a certificate verifying the current zoning of a parcel of land. The fee for such a zoning certification shall be established by the City Council.

(i)

The Department shall receive, review, grant, grant with conditions or deny administrative variances.

(j)

The Department shall approve permits for nonconforming uses of land that do not increase the degree of nonconformity. The fee for a nonconformity compliance certificate shall be established by the City Council.

(Ord. No. 1332, § 1(Exh. A), 9-20-2023)

(a)

The Mayor and City Council shall adopt and follow rules of procedure in conformity with O.C.G.A. § 36-66-4, which governs calling and conducting public hearings. Such rules shall be filed with the City Clerk. Robert's Rules of Order shall govern any procedural question not otherwise covered by the rules of procedure.

(b)

The specific duties of the City Council with respect to this chapter shall include, but not be limited to, the following:

(1)

Receiving from the Department and from the Planning Commission recommendations concerning the comprehensive plan, amendments to the comprehensive plan, amendments or waivers of provisions of this chapter, special use permits or any other matters relating to planning and zoning within the City;

(2)

Conducting public meetings for the purpose of taking final action on the recommendations submitted by the Department or the Planning Commission regarding amendments to the comprehensive plan, zoning ordinance, official zoning map, granting special use permits and other actions pursuant to the zoning ordinance. The Mayor and City Council may conduct public hearings and may solicit additional advice, information or comments prior to rendering its decision;

(3)

Reviewing and granting, granting with conditions or denying preliminary and final plat applications, as provided in other sections of this chapter.

(Ord. No. 1332, § 1(Exh. A), 9-20-2023)

(a)

Adoption and following rules of procedure. The Planning Commission shall adopt and follow rules of procedure in conformity with O.C.G.A. § 36-66-4, which governs calling and conducting public hearings. Such rules shall be filed with the City Clerk. Roberts Rules of Order shall govern any procedural question not otherwise covered by the rules of procedure.

(b)

Powers and duties of the Planning Commission. The purpose, duties and responsibilities of the Planning Commission shall include, but not be limited to, the following:

(1)

To conduct public hearings, request and receive studies and reports from staff and to review and make recommendations to the City Council concerning matters brought before it; including, but not limited to, amendments to the comprehensive plan, zoning ordinance, official zoning map or the issuance of special use permits;

(2)

To initiate amendments to the official zoning map, comprehensive plan or text of the zoning ordinance;

(3)

To advise the City government regarding environmental policy, comprehensive planning, community development, housing, transportation, land use issues and capital improvements;

(4)

To work with the Department, other City departments, boards and authorities when appropriate to the purposes of the Planning Commission and the City Council in carrying out their various functions by making recommendations to achieve the desired benefits on behalf of present and future City residents, businesses, and property owners.

(c)

Public expenditures. The public expenditures of the Planning Commission shall be within the amounts appropriated for the purpose by the governing authority of the City.

(d)

Appointment and terms of the Planning Commission members.

(1)

The Planning Commission shall be composed of five members all of whom shall be residents of the City and appointed by the City Council.

(2)

Each member shall serve a term of three years, and terms shall be staggered. No member of the Planning Commission shall be eligible for more than two consecutive terms. Appointments shall expire on July 1 in the last year of the term.

(3)

When possible, the Chairperson and at least one other members of the Planning Commission should be professionally qualified in the fields of planning, architecture, landscape architecture, civil engineering, real estate, building construction or related fields.

(4)

All appointees shall continue to serve until a successor is appointed. Any vacancy in the membership shall be filled for the unexpired term in the same manner as the initial appointment. If a member moves to reside outside of the City limits, such member shall be deemed to have resigned from the Planning Commission.

(5)

Members of the Planning Commission shall hold no other elected City position.

(6)

A member of the Planning Commission may be removed from office prior to the expiration of his or her appointed term by a majority vote of the City Council.

(e)

Planning Commission Officers.

(1)

The Planning Commission shall elect its Chairperson from among its members with a term of one year with eligibility for re-election.

(2)

The Planning Commission shall elect a Vice-Chairperson in July of each year.

(3)

The Chairperson shall preside at all meetings and hearings of the Planning Commission and decide all points of order and procedure. The Chairperson may appoint committees necessary to assist and advise it in its work.

(4)

The Vice-Chairperson shall serve as acting Chairperson in the absence of the Chairperson.

(5)

A designated person from the Department shall serve as the Recording Secretary of the Planning Commission. The Recording Secretary shall have responsibility for assisting the Chairperson in scheduling and preparing the agenda for meetings; providing copies of staff reports to members of the Planning Commission; preparing public notice of hearings and other meetings; and making, publishing and preserving public records of the attendance, proceedings, reports and actions of the Planning Commission; and other duties assigned by the Chairperson.

(f)

Committees. The Chairperson may appoint, with the concurrence of the Planning Commission, various standing and temporary committees to further the purposes of the Planning Commission. Such committees may include ex-officio members of the staff of various City departments (excluding the staff of the City Council), residents and business owners of the City or County and other individuals whose background and knowledge may be of benefit to the Planning Commission in its deliberations.

(g)

Meetings of the Planning Commission.

(1)

Regular meetings. Unless there is no business to be conducted, the Planning Commission shall hold regularly scheduled meetings each month. All meetings shall be voting sessions and open to the public. Proper public notice of all meetings shall be required as per O.C.G.A. § 55-14-1, the Georgia Open Meetings Act. Each member shall be notified of each regular meeting at least five days preceding the meeting through a written agenda prepared and distributed by the Executive Secretary.

(2)

Special called meetings. The Chairperson, Executive Secretary, or a majority of the Planning Commission may call a special meeting at any time that permits posting of a written notice for at least 24 hours at the place of regular meetings and giving written or oral notice at least 24 hours in advance of the meeting to the official legal organ of the City. The Secretary shall prepare and cause to be delivered a written notice stating the specific purpose of the special called meeting to each Planning Commission Member at least 24 hours in advance of the meeting. No business other than the specific stated purpose shall occur at the special called meeting.

(3)

Agenda and minutes.

a.

The Chairperson and Secretary shall determine the meeting agenda. All matters to be considered and/or acted upon by the Planning Commission shall appear on the agenda.

b.

Meeting minutes shall include and indicate all important facts, a report of all actions taken, a listing of those members present and those absent, a record of the vote of each member on each action taken on each matter and a record of any explanation or commentary that is relevant to the decisions made on matters before the Planning Commission.

(4)

Order of business at meetings.

a.

All meetings shall be open to the public. The order of business at meetings shall be as follows:

1.

Roll call and determination of a quorum.

2.

Approval of minutes for previous meetings.

3.

Unfinished business.

4.

New business.

5.

Reports.

6.

Public comment.

7.

Adjournment.

b.

The Chairperson may change the order of the agenda on matters appearing on the agenda during the meeting if, in his or her judgment, time and purpose may be served.

(5)

Cancellation of meetings. In the event there is a lack of business to be discussed and/or voted upon at a future meeting, the Executive Secretary shall place an appropriate public notice at City Hall stating the date of the canceled meeting. Such notice shall be posted at least 24 hours in advance of the scheduled meeting.

(6)

Adjournment of meetings. The Planning Commission may adjourn a regular meeting if all business cannot be disposed of on the set day and shall state the date, time and place of its resumption at the time of adjournment, provided that due notice is provided as required in O.C.G.A. § 55-14-1, the Georgia Open Meetings Act.

(h)

Quorum and voting.

(1)

Quorum. A quorum shall consist of three members of the Planning Commission. A majority vote of those present shall be sufficient to decide all matters that come before the Planning Commission.

(2)

Voting.

a.

A Planning Commission Member, who is part of a quorum of the Planning Commission during the consideration of any matter but not participating in the discussion or vote on a specific matter because of a conflict of interest, shall be considered present for quorum purposes but abstaining from the voting on that specific matter. No Planning Commission Member, who is present, may abstain from voting except in the case of having a conflict of interest with respect to the matter under consideration as provided in Section 8-7-136.

b.

A majority vote of those members present of the Planning Commission is required for approval of all motions. A motion that fails by a majority vote shall not be deemed as approval of the opposite position; and a new motion must be made to approve the opposite position, with any amendments and conditions, in order that the opposite position is submitted to the City Council as the recommendation of the Planning Commission.

c.

The Planning Commission may add conditions to the approval of any application or matter it deems necessary so that the purposes of the City's resolutions, ordinances, regulations, policies and procedures are served.

(3)

Attendance. If any member of the Planning Commission is absent without cause for three consecutive regular meetings of the Commission, that member shall be removed automatically from membership; and a replacement shall be appointed in the same manner as the initial appointment.

(Ord. No. 1332, § 1(Exh. A), 9-20-2023; Ord. No. 1412, § 1, 3-19-2025)

(a)

Persons entitled to propose amendments. Amendments to the official zoning map, to the text of the chapter or to the comprehensive plan may be proposed by the owner of property, his or her authorized agent or any other interested party. Such amendments also may be initiated by majority vote of the members of the City Council or the Planning Commission. Once an amendment to the comprehensive land use map, official zoning map or text of this chapter is initiated by the City Council; no application for a land disturbance permit or land development permit, variance, appeal or conditional use for an affected property shall be accepted until final action is taken by the City Council on the proposed amendment.

(b)

Application schedule.

(1)

Amendments to the official zoning map, to the text of this chapter and to the comprehensive plan must be submitted at least 45 days prior to the date on which it is to be considered by the City Council.

(2)

An application to amend the official zoning map affecting the same property shall not be submitted sooner than 12 months following the date of final action by the City Council on the previous application. The City Council may vote to reduce this requirement, when such action is deemed necessary to prevent injustice or facilitate the proper development of the City. However, if the previous action was a denial of a rezoning request, in no case shall a subsequent rezoning action be considered on the same property sooner than six months following the previous action to deny the rezoning request.

(c)

Order of amendments.

(1)

The text of this chapter may be amended without an amendment to the comprehensive plan, if the proposed amendment would be consistent with the intent of the current comprehensive plan. However, a text amendment to the zoning ordinance that is inconsistent with the comprehensive plan shall not be considered until the comprehensive plan is amended to be consistent with the proposed text amendment of this chapter.

(2)

The official zoning map may be amended without an amendment to the comprehensive plan, if the proposed amendment would permit a use that is permitted under the current comprehensive plan designation.

(3)

No amendment to the official zoning map may be approved if the amendment would permit a use that is not authorized by the current comprehensive plan. The applicant must first obtain an appropriate amendment to the comprehensive plan. Such application to amend the official zoning map may not be approved until after the final approval action of the City Council on the comprehensive plan amendment. In case of a denial of the amendment to the comprehensive plan by the City Council, the original amendment to the official zoning map may not be re-submitted until the Department certifies that it is consistent with the approved comprehensive plan.

(d)

Content of applications. Applications to amend the official zoning map or the comprehensive plan shall be submitted at least 60 days prior to the regularly scheduled meeting of the Planning Commission at which it will be heard on a form available from the Department. The application shall, at a minimum, include the following:

(1)

An application fee as established by the City Council;

(2)

The applicant's and agent's name and address;

(3)

Names and addresses of adjoining property owners;

(4)

The street address and legal description of the property to be reclassified;

(5)

The applicant's interest in the property;

(6)

One original copy and one digital copy of a property survey, drawn to scale, showing north arrow, land lot and district, location of the tract, dimensions along all property lines, acreage of the tract, street names and right-of-way dimensions of abutting streets. The survey shall be prepared by an architect, engineer, landscape architect or land surveyor whose state registration is current and valid. The preparer's signature and seal shall be affixed to the plat;

(7)

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

(8)

The current and proposed zoning and land use classification, existing and proposed uses of the property proposed to be reclassified and all zoning and land uses of properties abutting the subject property;

(9)

How the proposed amendment to the official zoning map or comprehensive plan would impact the capacities of public facilities; including, but not limited to, transportation facilities, sewage facilities, water supply, parks, drainage, schools, solid waste and emergency medical facilities;

(10)

How the proposed amendment to the official zoning map or comprehensive plan would impact the natural environment; especially existing trees, water bodies and water quality;

(11)

How the proposed amendment to the official zoning map or comprehensive plan would result in an orderly and logical development pattern;

(12)

If the application requests a change in the official zoning map, the applicant shall provide a written response to the standards governing the exercise of zoning as listed in Section 8-7-124(i)(1);

(13)

A campaign disclosure statement, indicating whether $250.00 or more has been contributed to a political campaign for any County or City public official;

(14)

Any such other information or documentation as the Department may deem necessary or appropriate to a full and proper consideration and disposition of the particular application;

(15)

If the application requests an amendment to the text of the comprehensive plan or this chapter, the application shall contain the proposed wording of any proposed amendment to the text of this chapter;

(16)

If the proposed amendment to the official zoning map would meet the thresholds of a DRI, as described in Section 8-7-125(c), the applicant shall prepare and submit to the Department the necessary documentation required by Section 8-7-125(a).

(e)

Withdrawal of applications. An incomplete application for an amendment to the official zoning map, comprehensive plan or text of this chapter shall be withdrawn by the Department with full refund of fees. An applicant also may withdraw his or her application with a full refund of fees within ten days after the application deadline. However, no application shall be withdrawn after the legal advertising, as required by this chapter, shall have been submitted for publication in the legal organ of the County or City.

(f)

Procedures for review of applications.

(1)

When the Department receives an application for an amendment to the comprehensive plan, official zoning map or text of the chapter, the applicant should be provided an opportunity for a pre-application conference with the Department. The purpose of this meeting is to acquaint the applicant with the requirements of this chapter and the views and concerns of the City when positions are flexible. Within ten days of such a request, the Department shall schedule a pre-application conference with the applicant and other relevant City Departments.

(2)

Within five days after an application for an amendment to the official zoning map, to the text of this chapter or the comprehensive plan is submitted, the Department shall determine whether the application is complete. If the Department determines the application is not complete, the Director, or his or her designee, shall send a written statement to the applicant (by mail) specifying the application's deficiencies. The application shall be withdrawn with a refund of fees paid, and the Department shall take no further action on the application until it is resubmitted for a subsequent cycle.

(3)

When the Department determines an application for an amendment to the official zoning map to the text of this chapter or to the comprehensive plan is complete, the Department shall distribute copies of the application for review and comment to the appropriate City and County agencies having jurisdiction over the proposed action that are invited by the Department.

(4)

Prior to issuing its report and recommendation regarding the subject amendment, the Department shall conduct a site review of the property and surrounding area and consult with the Technical Review Committee regarding the impact of the zoning change upon public facilities and services.

(5)

In determining whether to recommend that the Planning Commission approve the application, the Department shall consider the standards in Subsection (i) of this section.

(6)

The Department's report may recommend amendments to the applicant's request that would reduce the land area for which the application is made, recommend a change in the district requested to a less intensive or lower density than requested; or recommend such additional conditions regarding the location, character or other features of the application that may be deemed advisable so that the purpose of this chapter will be served and health, public safety and welfare secured.

(7)

Upon notification of the completed application for an amendment to the official zoning map, to the text of this chapter or to the comprehensive plan, the Planning Commission shall place it on the agenda of a regular meeting for a public hearing, in accordance with the requirements of this chapter.

(8)

The public notice and public hearing held on the application shall be in accordance with the requirements of this chapter.

(9)

If the proposed amendment to the official zoning map would meet the thresholds of a DRI, as described in Section 8-7-125(c), the City shall follow the procedures outlined in Section 8-7-125(d).

(g)

Notice of public hearings.

(1)

Legal notice. Due notice of the public hearing, pursuant to this section, shall be published in a newspaper of general circulation within the City that carries the legal advertisements of the City. The legal advertisement shall be published at least 15 days prior to the Planning Commission public hearing but not more than 45 days prior to the date of the public hearing to be conducted by the City Council. The notice shall include the time, place and purpose of the hearing. It shall also contain the location, current land use category and zoning district and proposed land use and zoning district of the subject property. Notices for amendments to the text of this chapter shall include the current Code section number and the text of the proposed change.

(2)

Signs posted. For an application to amend the official zoning map or comprehensive plan other than an application that is initiated by the City Council or the Planning Commission, the Department shall post a sign or signs at least 15 days prior to the Planning Commission public hearing. Signs shall be posted in a conspicuous place in the public right-of-way fronting the property or on the property for which an application has been submitted. Faces of sign(s) shall be placed approximately perpendicular to the centerline of the principal abutting street. The sign shall contain information on the application and date, time and place of the public hearing. A sign shall not be required for amendments to the text of this chapter.

(3)

Letters to adjoining property owners. For an application to amend the comprehensive plan, other than an amendment initiated by the City Council, future land use map, the Department shall send notification of the requested application by regular mail to all owners of property abutting the property line of the property subject to the amendment, as shown by the County tax records at the time of filing. For an application to amend the official zoning map, other than an application that is initiated by the City Council or the Planning Commission, the Department shall send notification of the requested application by regular mail to all owners of property abutting the property line of the property subject to the amendment, as shown by the County tax records at the time of filing. All such notifications shall be mailed at least 15 days prior to the Planning Commission public hearing and shall include a description of the application, the date, time and place of all scheduled public hearings.

(4)

If the zoning decision relates to an amendment of this chapter to revise one or more zoning classifications or definitions relating to single-family residential uses of property so as to authorize multifamily uses of property pursuant to such classification or definitions, or to grant blanket permission, under certain or all circumstances, for all property owners to deviate from the existing zoning requirements of a single-family residential zoning, or if the zoning decision provides for the abolition of all single-family residential zoning classifications within the territorial boundaries of the City, or if the zoning decision results in the rezoning of all property zoned for single-family residential uses within the territorial boundaries of the City to multifamily residential uses of property, but excepting from the foregoing zoning decision for the rezoning of property from a single-family residential use of property to a multifamily residential use of property when the rezoning is initiated by the owner or authorized agent of such property, then the additional procedural requirements of O.C.G.A. § 36-66-4(h) of the Zoning Procedures Law, as amended, shall apply.

(h)

Rules of procedure for public hearings.

(1)

All items on an advertised agenda for a public hearing shall be heard on the scheduled date; except, if in the judgment of a majority of the Planning Commission or City Council, specific circumstances surrounding the matter warrant the continuance of the hearing on the matter to a specific future date and time.

(2)

Robert's Rules of Order shall govern any procedural question not otherwise covered in this article.

(3)

For each matter concerning the amendment of the comprehensive plan, the official zoning map, the text of this chapter or for any matter concerning the issuance of a special use permit or other matter on the agenda that requires a public hearing and a vote of the Planning Commission and/or the City Council, the following procedure shall be followed:

a.

Rules of procedure and presentation, as well as standards governing the exercise of the power of zoning, as applicable, shall be presented orally and in writing to those present at the public hearing.

b.

The Chairperson or Mayor shall announce each matter to be heard and state that a public hearing is to be held on such matter.

c.

The Chairperson or Mayor shall request a report from the staff regarding its findings and recommendations, if any.

d.

The Chairperson or Mayor shall provide an opportunity for the applicant and any who support the applicant's petition to speak.

e.

The Chairperson or Mayor shall provide equal opportunity for those who wish to speak in opposition to the applicant's petition.

f.

The Chairperson or Mayor may limit the presentation of those for and against a petition to a reasonable length of time, but not less than ten minutes per side. If desired, the applicant may reserve a portion of his or her allotted time for rebuttal and summary comments to be made following presentation of those opposed to the petition.

g.

Prior to speaking, each speaker shall identify himself/herself and state his or her current address. Each speaker shall limit remarks to data, evidence and opinions relevant to the proposed petition. Speakers shall address all remarks to the Chairperson of the Planning Commission or the Mayor.

h.

Fallowing the allotted time for proponents and opponents, the Chairperson shall close the public hearing with respect to the subject matter and seek a motion to act upon the petition, as provided in Subsection (g) of this section.

(i)

Application review standards.

(1)

Standards governing the exercise of the zoning power. In reviewing the application for a proposed amendment to the official zoning map or a special use permit for a conditional use; the City Council, the Planning Commission and the Department shall consider:

a.

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

b.

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

c.

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

d.

Whether the proposed rezoning will result in a use that will or could cause an excessive or burdensome use of existing streets, transportation facilities, utilities or schools;

e.

Whether the proposed rezoning is in conformity with the policy and intent of the comprehensive plan;

f.

Whether there are other existing or changing conditions affecting the use and development of the property that give supporting grounds for either approval or disapproval of the proposed rezoning;

g.

Whether and the extent to which the proposed amendment would result in significant adverse impacts on the natural environment;

h.

Any other matters that may be deemed appropriate by the Department, the Planning Commission or the City Council in review and consideration of the proposed amendment.

(2)

Standards for review of comprehensive plan amendments. When considering an application to amend the comprehensive plan, the City Council, the Planning Commission and the Department shall consider:

a.

Whether a proposed future land use map amendment would result in a future land use classification that is more consistent with the text and policies of the comprehensive plan than the current classification of the property on the future land use map;

b.

Whether the proposed amendment would result in a land use that is more compatible with the current and future land use of adjacent and nearby property;

c.

Whether the proposed amendment would result in more efficient use of publicly financed community facilities and infrastructure;

d.

The extent to which the proposed amendment would increase adverse impacts on the natural environment; especially water quality, greenspace preservation and air quality;

e.

Whether the proposed amendment would reduce dependence on the automobile;

f.

The extent to which the proposed amendment would increase adverse impacts on historic or cultural resources;

g.

If an amendment would affect only a single parcel, whether it should be made part of an area-wide review of future land use that includes review of future land use for the subject parcel and other surrounding property;

h.

The degree to which the proposed amendment would have adverse impacts on land in adjacent municipalities and local governments;

i.

Any other matters that may be deemed appropriate by the Department, the Planning Commission or the City Council in review and consideration of the proposed amendment.

(j)

Conditions of approval.

(1)

The Planning Commission and the Department may recommend and the City Council may place reasonable conditions upon the approval of any amendment, special use, variance, exception, waiver or permit that it deems necessary to ensure compliance with the intent of this chapter. Such conditions, limitations or requirements may be used to prevent or minimize adverse effects upon property or the environment that might otherwise justify denial of the amendment being requested; including, but not limited to, conditions, limitations or requirements on the size, intensity of use, bulk and location of any structure; increased landscaping, buffer, screening or setback requirements from property lines or water bodies; greenspace and open space conservation; driveway curb cut limitations, restrictions to land uses or activities that are permitted; prohibited locations for buildings, structures, loading or parking areas; the provision of adequate ingress and egress; project improvements for streets, sidewalks, parks or other community facilities; building height, massing or compatible architectural design features; hours of operation; the duration of a special use; a requirement that development shall conform to a specific site plan; or other conditions that the City Council find are necessary as a condition of rezoning, issuance of a variance or special use permit. Such conditions, limitations or requirements shall be:

a.

Set forth expressly in the motion approving the amendment, special use, variance, exception, waiver or permit;

b.

Set forth expressly in the resolution recorded with the amendment, special use, variance, exception, waiver or permit;

c.

In effect for the period of time specified in the amendment;

d.

Required of the property owner and all subsequent owners as a condition of their use of the property;

e.

Interpreted and continually enforced by the Department in the same manner as any other provision of this chapter.

(2)

Alterations or repeal of conditions attached to any amendment of the comprehensive plan, official zoning map or special use shall be made only by the City Council following a public hearing conducted in accordance with Subsection (h) of this section.

(3)

Alterations or repeal of conditions attached to a variance or special exception granted by the Board of Zoning Appeals and Adjustments shall be made only by the Board of Zoning Appeals and Adjustments following a public hearing conducted in accordance with Subsection (h) of this section.

(k)

Action by the Planning Commission.

(1)

In making a decision on the application, the Planning Commission shall consider the recommendation of the Department and the standards in Subsection (i) of this section.

(2)

Within a reasonable time after the conclusion of the public hearing regarding a proposed amendment or special use, the Planning Commission shall make a recommendation to the City Council to:

a.

Approve the proposed amendment, as requested by the applicant;

b.

Approve the proposed amendment or special use with conditions; said conditions may include rezoning to a less intense zoning district with or without conditions;

c.

Deny the proposed amendment or special use;

d.

Table the proposal to a specified date.

(3)

If the Planning Commission fails to submit a recommendation regarding an application 30 days after the initial public hearing on the application, it shall be deemed to have given a recommendation of no comment on the proposed amendment. The no comment recommendation shall be forwarded immediately to the City Council. However, the Planning Commission and the applicant for such amendment may jointly agree to an extension of the 30-day period.

(l)

Action by the City Council.

(1)

Upon receipt of the recommendation of the Planning Commission, the City Council shall place the application on the next agenda of a regular meeting of the City Council for a public hearing or hearings, in accordance with the requirements of this chapter.

(2)

In making a decision on the application, the City Council shall consider the recommendation of the Planning Commission, planning staff and the standards in Subsection (i) of this section.

(3)

Following the public hearing and its deliberation, the City Council shall take one of the following actions regarding the proposed amendment or special use:

a.

Approve the proposed amendment, as requested by the applicant;

b.

Approve the proposed amendment or special use with conditions; said conditions may include rezoning to a less intense zoning district with or without conditions;

c.

Deny the proposed amendment or special use;

d.

With the consent of the applicant, table the proposal to a specified date.

(4)

Except in the case of an application to amend the official zoning map, this chapter or comprehensive plan that is initiated by the Planning Commission or City Council, written notification of the action taken by the City Council shall be mailed within ten days following action by the City Council to the applicant and property owner, if different. The decision shall be filed in the office of the Director, in accordance with this chapter.

(5)

An aggrieved person shall have the right to appeal de novo within 30 days of the date of the service of the decision of the City Council to the County Superior Court.

a.

In connection with an appeal of a final decision by the City Council under this article to the County Superior Court: the City Clerk shall have the authority, without additional action by the City Council, to approve or issue any form or certificate required by O.C.G.A. [tit. 5, ch. 3]; and

b.

Service of a petition for review pursuant to O.C.G.A. [tit. 5, ch. 3] may be made upon the Mayor or the Mayor's designee during normal business hours at City Hall.

(Ord. No. 1332, § 1(Exh. A), 9-20-2023)

(a)

When an application for rezoning, conditional use, variance, preliminary plat review or permit includes any of the uses subject to a development of regional impact pursuant to the rules and regulations then in effect at GRTA or ARC, to an intensity that exceeds the listed thresholds of intensity, it shall be deemed to be a DRI. The application for such rezoning, conditional use, variance, preliminary plat review or permit shall include:

(1)

Three copies of a completed traffic study supplied by the applicant and prepared by a professional engineer registered in the State of Georgia. The traffic study must be prepared in conformity with the traffic study guidelines available from the Director.

(2)

Two copies of completed form 1 and form 2, as required by the Georgia Department of Community Affairs, shall be prepared by the applicant for approval by the Department prior to submission to the ARC and GRTA.

(3)

Two copies of a site development plan that includes the proposed site plan for the subject property, as well as a conceptual plan for all contiguous properties under the same ownership as the property for which DRI documentation is being prepared.

(b)

The Department is responsible for submitting required forms the ARC and GRTA, as required by those agencies. The applicant shall attend a pre-application conference with ARC and GRTA, if required by ARC and GRTA.

(c)

No action shall occur on such a rezoning, conditional use, variance, preliminary plat review or permit application by the City Council until a recommendation is received from the ARC and GRTA regarding the DRI.

(d)

If the DRI application receives a negative finding from ARC, and the City Council approves the application, the Department shall transmit to ARC and the Georgia Department of Community Affairs a certified copy of the resolution approving the action along with a report of the total number of members of the City Council that voted for and against approval of the application.

(Ord. No. 1332, § 1(Exh. A), 9-20-2023)

(a)

Purpose. The purpose of this section is to provide for uses that are generally compatible with the use characteristics of a zoning district but that require individual review of their location, design, intensity, configuration and public facility impact to determine the appropriateness of the use of any particular site in the district and their compatibility with adjacent uses. Special uses may require the imposition of additional conditions to make the uses compatible in their specific context. Special uses allowable for each zoning district are listed in the use table in Article D of this chapter.

(b)

Authority. The City Council may, in accordance with the procedures, standards and limitations of this chapter, grant special use permits for those uses listed in each of the zoning districts in the use table in Article D of this chapter.

(c)

Application procedures. The application procedures for a special use permit shall be in conformance with Section 8-7-124.

(d)

Public notice procedures. The public notice procedures for a special use permit shall be in conformance with Section 8-7-124(g).

(e)

Public hearing procedures. The public hearing procedures for a special use permit shall be in conformance with Section 8-7-124(h).

(f)

Standards for review of special use permits.

(1)

When reviewing the application, the Department, the Planning Commission and the City Council shall consider the standards governing the exercise of the zoning power contained in Section 8-7-124(i)(l).

(2)

Furthermore, the City Council shall not approve an application for a special use permit unless it determines that the proposed use meets all the requirements with additional standards imposed on it by the particular provisions provided in Article D of this chapter.

(3)

Prior to approval of a special use permit by the City Council, the applicant for the proposed special use shall obtain from the Fire Marshal and Building Official written confirmation that water supply, exit facilities, emergency access and other site, structure and occupancy considerations are satisfactory to provide adequate fire protection and human safety.

(g)

Conditions on special use permits. The Planning Commission may recommend and the City Council shall attach such conditions, limitations and requirements to a special use permit, as necessary in conformance with Section 8-7-124(j).

(h)

Action by the City Council. Prior to taking action on an application for a special use permit, the City Council shall receive a recommendation from the Planning Commission, as provided in Section 8-7-124(k). Upon review of such recommendation and findings of fact, as required in Section 8-7-124(i)(l), the City Council shall take action on an application for a special use permit, as provided in Section 8-7-124(1). As provided in Section 8-7-124(1)(5), an aggrieved person, pursuant to a decision of the City, shall have the right to appeal de novo within 30 days of the date of the service of the decision of the City Council to the Superior Court of the County.

(i)

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

(j)

Expiration of a special use permit. Unless a building permit or other required approvals are secured within 12 months and construction subsequently undertaken pursuant to such building permit, the special use permit shall expire automatically unless the permit is extended upon application to the City Council, in accordance with Subsection (k) of this section.

(k)

Time extension of a special use permit. The time limitations imposed on special use permits by Subsection (j) of this section may be extended by the City Council not more than once, and not for more than 12 months, upon written request by the applicant and approval of the City Council.

(l)

Limitations on approvals for special use permits. A special use permit shall be deemed to authorize only the particular use for which it was issued and shall expire automatically and cease to be of any force or effect, if such use shall for any reason be discontinued for a period of 12 months.

(m)

Modifications to a special use permit. Changes to an approved special use permit shall be subject to the same application, review and approval process as a new application, including the payment of relevant fees.

(Ord. No. 1332, § 1(Exh. A), 9-20-2023)

(a)

Powers and duties of the Board of Zoning Appeals and Adjustments. The Board of Zoning Appeals and Adjustments, a quasi-judicial board, shall have the power to conduct public hearings, request and receive studies and reports from staff and to adjudicate specific matters referred to it by the City Council, including:

(1)

Appeals. To hear and decide appeals, where it is alleged by the appellant that there is error in any final order, requirement or decision made by a public official based on or made in the enforcement of this chapter. A failure to act shall not be construed to be an order, requirement or decision within the meaning of this section. In exercising its powers, the Board of Zoning Appeals and Adjustments may reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination being appealed and to that end shall have all the powers of the public official from whom the appeal was taken and may issue or direct the issuance of a permit provided, that all requirements imposed by all other applicable laws are met. See also Section 8-7-128.

(2)

Variances. To authorize variances from the required minimum development standards of property applicable to zoning districts, as provided in Section 8-7-129.

(3)

Hearing and deciding appeals and variances. To hear and decide appeals and variance requests from the requirements for flood damage prevention, as provided in Section 8-4-25.

(b)

Appointment and terms of Board of Zoning Appeals and Adjustments.

(1)

The Board of Zoning Appeals and Adjustments shall be composed of five members who shall be appointed and shall serve three-year staggered terms established by the City Council.

(2)

All appointees shall continue to serve until a successor is appointed. Any vacancy in the membership shall be filled for the unexpired term in the same manner as the initial appointment. If a member moves to reside outside of the City, such member shall be deemed to have resigned from the Board of Zoning Appeals and Adjustments.

(3)

Members of the Board of Zoning Appeals and Adjustments shall hold no other elected or appointed office or other City position.

(4)

No member of the Board of Zoning Appeals and Adjustments shall be eligible for more than two consecutive terms.

(5)

A member of the Board of Zoning Appeals and Adjustments may be removed from office prior to the expiration of his or her appointed term by a majority vote of the City Council. Cause for removal from office shall be in writing and may include: failure to attend regularly scheduled meetings, as provided in Subsection (d) of this section; failure to disclose a conflict of interest, as defined in Section 8-7-136; and failure to complete required training, as provided in Section 8-7-135.

(c)

Board of Zoning Appeals and Adjustments Officers.

(1)

The Board of Zoning Appeals and Adjustments shall elect a Chairperson and Vice Chairperson annually in the month of September.

(2)

The Chairperson shall preside at all meetings and hearings of the Board of Zoning Appeals and Adjustments and decide all points of order and procedure. The Chairperson may appoint committees necessary to assist and advise it in its work.

(3)

The Vice-Chairperson shall be acting Chairperson in the absence of the Chairperson.

(4)

A designated person from the Department shall serve as the Secretary of the Board of Zoning Appeals and Adjustments. The Secretary shall have responsibility for assisting the Chairperson in scheduling and preparing the agenda for meetings; providing copies of staff reports to members of the Board of Zoning Appeals and Adjustments; preparing public notice of hearings and other meetings; and making, publishing and preserving public records of the attendance, proceedings, voting, reports and actions of the Board of Zoning Appeals and Adjustments; and other duties assigned by the Chairperson.

(d)

Meetings of the Board of Zoning Appeals and Adjustments.

(1)

Regular meetings. Unless there is no business to be conducted, regular meetings, including public hearings on appealed requests for variances, shall be held at the City Hall.

All regular meetings shall be voting sessions and open to the public. Proper public notice for all meetings shall be required, as per O.C.G.A. § 50-14-1, the Georgia Open Meetings Act.

Each member shall be notified of each regular meeting at least five days preceding the meeting through a written agenda prepared and distributed by the Executive Secretary.

Three members of the Board of Zoning Appeals and Adjustments shall constitute a quorum.

(2)

Special called meetings. The Chairperson, Secretary or a majority of the Board of Zoning Appeals and Adjustments may call a special meeting at any time that permits posting of a written notice for at least 24 hours at the place of regular meetings and giving written or oral notice at least 24 hours in advance of the meeting to the official legal organ of the City. The Secretary shall prepare and cause to be delivered a written notice stating the specific purpose of the special called meeting to each member at least 24 hours in advance of the meeting. No business other than the specific stated purpose shall occur at the special called meeting.

(3)

Agenda and minutes.

i.

The Chairperson and Secretary shall determine the meeting agenda. All matters to be considered and/or acted upon by the Board of Zoning Appeals and Adjustments shall appear on the agenda.

ii.

Meeting minutes shall include and indicate all important facts, a report of all actions taken, a listing of those members present and those absent, a record of the vote of each member on each action taken on each matter and a record of any explanation or commentary that is relevant to the decisions made on matters before the Board of Zoning Appeals and Adjustments.

(4)

Order of business at meetings. All meetings shall be open to the public. The order of business at meetings shall be as follows:

a.

Roll call and determination of a quorum;

b.

Approval of minutes for previous meetings;

c.

Unfinished business;

d.

New business;

e.

Reports;

f.

Public comment;

g.

Adjournment.

The Chairperson may change the order of the agenda on matters appearing on the agenda during the meeting if, in his or her judgment, time and purpose may be served.

(5)

Cancellation of meetings. In the event there is a lack of business to be discussed and/or voted upon at a future meeting, the Secretary shall place an appropriate public notice at the City Hall stating the date of the canceled meeting. Such notice shall be posted at least 24 hours in advance of the scheduled meeting.

(6)

Adjournment of meetings. The Board of Zoning Appeals and Adjustments may adjourn a regular meeting if all business cannot be disposed of on the set day and shall state the date, time and place of its resumption at the time of adjournment, provided that due notice is provided as required in O.C.G.A. § 50-14-1, the Georgia Open Meetings Act.

(e)

Quorum and voting.

(1)

Quorum. A quorum shall consist of three or more members of the Board of Zoning Appeals and Adjustments. A majority vote of those present shall be sufficient to decide all matters that come before the Board of Zoning Appeals and Adjustments.

(2)

Voting.

a.

A Board of Zoning Appeals and Adjustments member, who is part of a quorum of the Board of Zoning Appeals and Adjustments during the consideration of any matter but not participating in the discussion or vote on a specific matter because of a conflict of interest, shall be considered present for quorum purposes but abstaining from the voting on that specific matter. No member of the Board of Zoning Appeals and Adjustments may abstain from voting except in the case of having a conflict of interest with respect to the matter under consideration, as provided in Section 8-7-136.

b.

A majority vote of those members present of the Board of Zoning Appeals and Adjustments is required for approval of all motions. A tie vote shall be broken with a vote from the Chairperson, who will be allowed to vote only to provide a record of the majority. A motion that fails by a majority vote shall not be deemed as approval of the opposite position, and a new motion must be made to approve the opposite position.

(Ord. No. 1332, § 1(Exh. A), 9-20-2023)

(a)

Procedures for appeals to the Board of Zoning Appeals and Adjustments.

(1)

Appeals to the Board of Zoning Appeals and Adjustments may be initiated by an aggrieved person, department, official, agency or board of the City affected by any decision, final order, requirement, determination or interpretation of any public official of the City with respect to the provisions of this chapter. These appeals shall be taken by filing with the secretary of the Board of Zoning Appeals and Adjustments a notice of appeal, specifying the grounds thereof, within 15 days after the action being appealed was taken. A failure to act shall not be construed to be an order, requirement or decision within the meaning of this section.

(2)

The Department shall transmit to the Board of Zoning Appeals and Adjustments all papers constituting the record upon which the action being appealed was taken. The notice of appeal shall be accompanied by a nonrefundable fee, as established from time to time by the City Council to defray the actual cost of processing the application.

(3)

Appeal stays legal proceedings. An appeal stays all legal proceedings in furtherance of the action being appealed, unless the public official from whom the appeal is taken certifies to the Board of Zoning Appeals and Adjustments 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 and property. In such a case, proceedings shall be stayed only by a restraining order granted by the Superior Court of the County on notice to the public official from whom the appeal is taken and on due cause shown.

(b)

Compliance with standards upon denial. If an application for an appeal, variance or special exception is initiated to seek relief from an existing violation of this chapter, and the application is denied, the violation shall be required to be corrected within 15 days of the denial unless a greater amount of time is allowed by the Board of Zoning Appeals and Adjustments. The maximum extension of time the Board of Zoning Appeals and Adjustments may grant for correction shall not exceed 90 days.

(c)

Public hearings.

(1)

The Board of Zoning Appeals and Adjustments shall hear the appeal and matters referred to it within 45 days of receiving the complete and sufficient application for appeal and give notice to the appellant and official(s) subject to the appeal, unless said time period is mutually extended by the appealing party and the Board of Zoning Appeals and Adjustments in writing. At least 30 but not more than 45 days prior to the date of the public hearing, a notice of the public hearing shall be published in a newspaper of general circulation within the territorial boundaries of the City. The notice shall state the time, place and purpose of the public hearing. The Board of Zoning Appeals and Adjustments shall mail written notice of the hearing to the owner of the property that is the subject of the appeal at least 30 days prior to the date of the hearing. In addition, a sign giving notice of the public hearing shall be placed in a conspicuous location on or within 300 feet of the property, as measured along the street right-of-way line, at least 15 days prior to the public hearing of the Board of Zoning Appeals and Adjustments. The Secretary shall issue proper public notification of the public hearing. The public notification shall indicate the place, date and time of the hearings and shall be posted and advertised, per O.C.G.A. § 50-14-1, the Georgia Open Meetings Act. Any party may appear at the hearing in person, by an agent, by an attorney or by written documentation.

(2)

It is the duty of the Board of Zoning Appeals and Adjustments to review such facts and evidence in light of the intent of the chapter to balance the public health, safety and general welfare against the injury to a specific applicant that would result from the strict application of the provisions of the ordinance on the applicant's property.

(d)

Decisions of the Board. Following the consideration of all testimony, documentary evidence and matters of record, the Board of Zoning Appeals and Adjustments shall make a determination on each appeal. The Board of Zoning Appeals and Adjustments shall decide the appeal within a reasonable time but, in no event, more than 60 days from the date of the initial hearing. An appeal may be sustained only upon an expressed finding by the Board of Zoning Appeals and Adjustments that the public official's action was based on an erroneous finding of a material fact or that the public official acted in an arbitrary manner.

(Ord. No. 1332, § 1(Exh. A), 9-20-2023)

(a)

Authority. Unless otherwise provided for in this chapter, the Board of Zoning Appeals and Adjustments shall have authority to grant variances from the regulations of this chapter, in accordance with the standards and procedures as set forth in this section.

(b)

Purpose. The purpose of a variance is to provide a mechanism when, owing to special conditions, the strict application of this chapter would impose on a landowner exceptional and undue hardship that can be mitigated without conferring on the applicant special privilege.

(c)

Initiation. A written petition for a variance is to be initiated by the owner of, or any person having contractual interest in, the property for which relief is sought. Applications shall be filed on terms provided by the Department and shall not be considered accepted unless complete in every respect. Application fees shall be as established by the City Council.

(d)

Application procedures. An application for a variance shall be filed with the Department, accompanied by a nonrefundable fee, as established from time to time by the City Council to defray the actual cost of processing the application. The application shall be in such form and shall contain at least such following information and documentation:

(1)

Name and address of applicant and agent;

(2)

Name and address of adjacent property owners;

(3)

Legal description, street address, lot number and subdivision name, if any, of the property that is the subject of the application;

(4)

The size of the subject property;

(5)

The purpose for the requested variance and a statement of the intended development of the property, if the variance or special exception is granted;

(6)

The specific provision of this chapter from which a variance is requested;

(7)

A statement concerning each of the standards for granting variances in Subsection (h) of this section;

(8)

A statement explaining how the proposed variance or special exception is consistent with the general spirit and intent of this chapter and the comprehensive plan.

(e)

Staff report. The staff of the Department shall conduct a site inspection and shall prepare an analysis of each application for a variance, applying the criteria and standards set forth in Subsection (h) of this section. The staff report shall be presented in written form to the Board of Zoning Appeals and Adjustments at least seven days prior to the scheduled hearing date.

(f)

Public notice procedures. The public notice procedures for a variance application shall be in conformance with O.C.G.A. § 36-66-4. At least 30 but not more than 45 days prior to the date of the public hearing, a notice of the public hearing shall be published in a newspaper of general circulation within the territorial boundaries of the City. The notice shall state the time, place and purpose of the public hearing. It shall also contain the location, current land use category and zoning district and proposed land use and zoning district of the subject property. The Board of Zoning Appeals and Adjustments shall mail written notice of the hearing to the owner of the property that is the subject of the application at least 30 days prior to the date of the hearing. In addition, a sign giving notice of the public hearing shall be placed in a conspicuous location on or within 300 feet of the property, as measured along the street right-of-way line, at least 15 days prior to the public hearing of the Board of Zoning Appeals and Adjustments.

(g)

Public hearing procedures. The public hearing procedures for a variance application shall be in conformance with Section 8-7-124(h). However, all testimony before the Board of Zoning Appeals and Adjustments shall be taken as if under oath, regardless of whether a formal oath or affirmation is administered. The Chairperson, or in his or her absence, the Vice Chairperson, may administer oaths and compel attendance of witnesses by subpoena.

(h)

Standards for granting variances.

(1)

The Board of Zoning Appeals and Adjustments shall not grant a variance unless it shall, in each case, make specific findings of fact based directly upon the particular evidence presented supporting written conclusions that the variance:

a.

Arises from a condition that is unique and peculiar to the land, structures and buildings involved.

b.

Is necessary because the particular physical surroundings, the size, shape or topographical condition of the specific property involved would result in unnecessary hardship for the owner, lessee or occupant, as distinguished from a mere inconvenience, if the provisions of this chapter are literally enforced.

c.

The condition requiring the requested relief is not ordinarily found in properties of the same zoning district as the subject property.

d.

The condition is created by the regulations of this chapter and not by an action or actions of the property owner or the applicant.

e.

The granting of the variance will not impair or injure other property or improvements in the neighborhood in which the subject property is located; nor impair an adequate supply of light or air to adjacent property, substantially increase the congestion in the public streets, increase the danger of fire, create a hazard to air navigation, endanger the public safety or substantially diminish or impair property values within the neighborhood.

f.

The variance granted is the minimum variance that will make possible the reasonable use of the land, building or structures.

g.

The variance desired will not be opposed to the general spirit and intent of this chapter or the comprehensive plan.

(2)

Provided that no variance shall be approved to:

a.

Allow a structure or use not authorized in the applicable zoning district or a density of development that is not authorized within such district.

b.

Allow an increase in the maximum height of a building.

c.

Allow any variance that conflicts with or changes any requirement enacted as a condition of zoning or of a special land use permit by the City Council.

d.

Reduce, waive or modify in any manner the minimum lot width and minimum lot area established by this chapter in any zoning district.

e.

Reduce, waive or modify in any manner the minimum lot area established by the City Council through a special condition of approval.

f.

Permit the expansion or enlargement of any nonconforming use of land, nonconforming use of land and buildings in combination, nonconforming use of land and structures in combination or nonconforming use requiring special use permit.

g.

Permit the re-establishment of any nonconforming use of land, nonconforming use of land and buildings in combination, nonconforming use of land and structures in combination or nonconforming use requiring special use permit where such use has lapsed.

(i)

Conditions. The Board of Zoning Appeals and Adjustments may place reasonable conditions, limitations and requirements upon the granting of any variance, as may be necessary to ensure compliance with the intent of this chapter. Such conditions, limitations or requirements may be placed on the granting of any variance to prevent or minimize adverse effects upon other property in the neighborhood that might otherwise result from the reductions in dimensional standards being requested; including, but not limited to, conditions, limitations or requirements on the size, intensity of use, bulk and location of any structure; landscaping; lighting; the provision of adequate ingress and egress; and the duration of the variance. Such conditions, limitations or requirements shall be set forth expressly in the resolution granting the variance. Those conditions shall become an integral part of the approved variance and shall be enforced as such.

(Ord. No. 1332, § 1(Exh. A), 9-20-2023)

(a)

Generally. The Board of Zoning Appeals and Adjustments may hear special exceptions, which the Board of Zoning Appeals and Adjustments is authorized to decide as specified within this chapter:

(1)

Home occupation in accessory buildings.

(2)

Height of buildings in commercial or industrial districts.

(3)

Use of shared parking or on-street parking to satisfy minimum parking requirements.

(4)

Outdoor food service or sales meeting standards in Section 8-7-92(tt), outdoor storage.

(b)

Standards for granting special exceptions. The Board of Zoning Appeals and Adjustments shall not grant a special exception, unless it shall, in each case, make specific findings of fact based directly upon the particular evidence presented supporting written conclusions that:

(1)

The special exception requested arises from a condition that is unique and peculiar to the land, structures and buildings involved; that the particular physical surroundings, the size, shape or topographical condition of the property involved would result in unnecessary hardship for the owner, lessee or occupant, as distinguished from a mere inconvenience, if the provisions of this chapter are strictly applied; that it is a condition that is not ordinarily found in the same zoning district; and the condition is created by the regulations of this chapter and not by any action or actions of the property owner or the applicant.

(2)

The granting of the special exception will not impair or injure other property or improvements in the neighborhood in which the subject property is located; nor impair an adequate supply of light or air to adjacent property, substantially increase the congestion in the public streets, increase the danger of fire, create a hazard to air navigation, endanger the public safety or substantially diminish or impair property values within the neighborhood.

(3)

The special exception desired will not be opposed to the general spirit and intent of this chapter or the comprehensive plan.

(c)

Conditions. The Board of Zoning Appeals and Adjustments may place reasonable conditions, limitations and requirements upon the granting of any special exception as may be necessary to ensure compliance with the intent of this chapter. Such conditions, limitations or requirements may be placed on the granting of any special exception to prevent or minimize adverse effects upon other property in the neighborhood that might otherwise result from special exception from the standards being requested; including, but not limited to, conditions, limitations or requirements on the size, intensity of use, bulk and location of any structure; landscaping; lighting; the provision of adequate ingress and egress; and the duration of the special exception. Such conditions, limitations or requirements shall be set forth expressly in the resolution granting the special exception.

(Ord. No. 1332, § 1(Exh. A), 9-20-2023)

The standards and requirements of this chapter and decisions made by public officials are presumed to be valid and just. It shall be the responsibility of an applicant for relief to rebut this presumption by presenting sufficient facts and evidence, in accord with standards set forth in Article E of this chapter and to explain how the proposed appeal, variance or special exception is consistent with the general spirit and intent of this chapter and the comprehensive plan.

(Ord. No. 1332, § 1(Exh. A), 9-20-2023)

Successive applications. An application for a variance or special exception affecting all or a portion of the same property that was denied by the Board of Zoning Appeals and Adjustments shall not be accepted sooner than 12 months after the date of final decision by the Board of Zoning Appeals and Adjustments. However, the Board of Zoning Appeals and Adjustments may reduce this time interval by resolution provided that, if the application for a variance or special exception was denied by the Board of Zoning Appeals and Adjustments, the time interval between the date of the initial denial and any subsequent application or amendment affecting the same property shall be no less than six months.

(Ord. No. 1332, § 1(Exh. A), 9-20-2023)

Appeals of all final decisions of the Board of Zoning Appeals and Adjustments under the provisions of this chapter shall be as follows:

(a)

An aggrieved person with respect to a final decision of the Board of Zoning Appeals and Adjustments, or any officer, department, board or agency affected by such decision, may appeal from such decision by way of de novo review to the County Superior Court pursuant to the procedures in O.C.G.A. [tit. 36, ch. 66] and O.C.G.A. [tit. 5, ch. 3]. Such appeal shall be filed within 30 days after the final decision of the Board of Zoning Appeals and Adjustments is rendered.

(b)

The Executive Secretary of the Board of Zoning Appeals and Adjustments shall be authorized to acknowledge service of a copy of the appeal. Service upon the City may be made upon the Mayor or the Mayor's designee during normal business hours at City Hall. Within the time prescribed by law, the Board of Zoning Appeals and Adjustments shall cause to be filed with the Clerk of the County Superior Court a duly certified record of the proceedings had before the Board of Zoning Appeals and Adjustments including a transcript of the evidence heard before it, if any, and the decision of the Board of Zoning Appeals and Adjustments.

(Ord. No. 1332, § 1(Exh. A), 9-20-2023)

(a)

The following administrative variances shall be submitted to the City Manager, or his or her designee, which shall grant the variance, grant the variance with conditions or deny the variance with reasons clearly stated:

(1)

Administrative variances to the required minimum or maximum yard setback standards. A person desiring to decrease any required minimum yard setback on the effective date of the ordinance from which this chapter is derived by no more than 50 percent of the minimum standard in the zoning district. A person desiring to increase any maximum yard setback on the effective date of the ordinance from which this chapter is derived by no more than 75 percent of the maximum standard in the zoning district.

(2)

Administrative variance to the required minimum distance between buildings on the same lot. Any person desiring to decrease the required minimum distance between buildings on the same lot by no more than two feet.

(3)

Administrative variance from the required parking standards. Any person desiring to reduce the amount of parking spaces required by no more than 20 percent.

(4)

Administrative variance from the parking requirements for front yards. Any person desiring to obtain approval for parking in a required front yard where it is otherwise prohibited or restricted provided that a ten-foot landscape buffer be provided between the public or private street right-of-way and the parking area.

(5)

Administrative variance from maximum height requirement not to exceed five feet.

(b)

The City Manager, or his or her designee, shall be authorized to approve an administrative variance as follows, if necessary to allow reasonable use following a public road right-of-way donation or taking:

(1)

To reduce a lot's required minimum lot size by up to 25 percent;

(2)

To reduce any required setbacks for any permitted or existing structure on a lot in the event of public road right-of-way donations or takings;

(3)

To reduce the number of parking spaces for any existing or permitted structure below the minimum required parking spaces applicable to the use.

(c)

Application procedures.

(1)

An application shall be submitted on a form provided by the Department.

(2)

A nonrefundable application fee shall accompany the application, as established from time to time by the City Council to defray the actual cost of processing the application.

(3)

The application shall be in such a form and contain such information and documentation as shall be prescribed by the Department, but shall contain at least the following:

a.

Name and address of the applicant;

b.

Legal description of the subject property;

c.

Size of the subject property;

d.

A statement of the hardship imposed on the applicant by this chapter and a statement of why the variance will not be materially detrimental or injurious to other property or improvements in the neighborhood in which the subject property is located.

(4)

Within 30 working days after an application has been determined to be complete, the Department shall either grant the variance, grant the variance with conditions or deny the variance with reasons clearly stated. A written copy of the decision and grounds for denial, if applicable, should be mailed to the applicant at the address stated on the application.

(d)

General standards for issuance of administrative variances. In deciding whether to grant an application for an administrative variance, the Department shall consider all of the applicable standards provided in Section 8-7-129(h).

(Ord. No. 1332, § 1(Exh. A), 9-20-2023)

When taking action on rezoning applications as set forth in this chapter, the Mayor, City Council, and Members of the Planning Commission shall act in accordance with O.C.G.A. § 36-67A-1 et seq., Conflict of Interest in Zoning Actions or as it may hereinafter be amended.

(Ord. No. 1332, § 1(Exh. A), 9-20-2023)