The following types of applications are regulated by this article:

(1)

Amendments to the text of this chapter (i.e., "text amendment").

(2)

Amendments to the official zoning map (i.e., "rezonings" or "zoning map amendments").

(3)

Applications for conditional use approval.

(4)

Applications for concurrent variances.

(Ord. No. 12-22-20, 1-5-2021)

The governing body may from time to time amend the number, shape, boundary, or area of any zoning district or overlay district, or may amend any regulation pertaining to any district; or may amend any other article or section of this chapter.

(Ord. No. 12-22-20, 1-5-2021)

An application to amend the text of this chapter or the official zoning map, may be initiated by the governing body, or by any person, firm, corporation or agency, provided said individual, firm, corporation or agency is the owner or owner's agent of the property for which an amendment is sought. The application shall be accompanied by a payment of an application fee as established by the governing body and payable to the City of Cornelia to defray the normal cost of processing.

(Ord. No. 12-22-20, 1-5-2021)

No application described in this article shall be processed by the zoning administrator unless it complies with the procedural requirements of this article and is found to be complete with regard to application materials, payment of fees, supportive materials, and any other application requirements specified by this article. If an application described and regulated by this article does not comply with all provisions of this article, the zoning administrator may reject the application and refuse to process it.

(Ord. No. 12-22-20, 1-5-2021)

Applications to amend the text of this chapter shall require submittal of an application fee, application form, and proposed text amendment in a form approved in advance by the zoning administrator. The zoning administrator shall waive the application fee required by this section when an application is initiated by the governing body.

No application specified in this article shall be processed by the zoning administrator unless it meets the requirements of this article, including the specific requirements of table 13.1. In cases where more than one application (rezoning, conditional use, concurrent variance) pertaining to a particular piece of property is filed simultaneously, the applicant must prepare separate applications and meet all application requirements for each application filed; provided, however, that the zoning administrator may waive separate site plan or letter of intent filing requirements when they would be unnecessarily duplicative.

(Ord. No. 12-22-20, 1-5-2021)

Applications required by this article to include a site plan (see table 13.1) shall at minimum include on the site plan information specified in table 13.2. The zoning administrator may waive one or more of the requirements of this article in individual cases when he/she determines that one or more elements of the required information specified in table 13.2 are not essential to the review process.

(Ord. No. 12-22-20, 1-5-2021)

Applications required by this article to submit development statistics and specifications shall at minimum include on the site plan or in written form the information specified in table 13.3. The zoning administrator may waive one or more of the requirements of this article in individual cases when he/she determines that one or more elements of the required information specified in table 13.3 are not essential to the review process.

(Ord. No. 12-22-20, 1-5-2021)

On the application form supplied by the city, or in a separate written document, applications to amend the official zoning map and applications for conditional uses shall provide a written analysis comparing the proposed action with the criteria in table 13.4. A zoning map amendment or conditional use application may be justified only if it bears a reasonable relationship to the public health, safety, morality, or general welfare, and after consideration of the analysis requirements which may in individual cases be considered criteria relevant to staff and the unified planning board in making recommendations and by the governing body in the decision-making process.

Each applicant for an amendment to the text of this chapter, an amendment to the official zoning map, or an application for conditional use, and each person speaking at a public hearing on such a matter, except the governing body or unified planning board, is responsible for complying with O.C.G.A. 36-67-1, "Conflict of Interest in Zoning Actions." The city assumes no responsibility for enforcing state law or informing applicants or speakers of the need to comply with said state law.

(Ord. No. 12-22-20, 1-5-2021)

Table 13.1
Application Requirements

(Ord. No. 12-22-20, 1-5-2021)

Table 13.2
Plan Requirements

(Ord. No. 12-22-20, 1-5-2021)

Table 13.3
Development Statistics Required

(Ord. No. 12-22-20, 1-5-2021)

Table 13.4
Analysis Requirements

(Ord. No. 12-22-20, 1-5-2021)

The zoning administrator is hereby authorized to establish administrative deadlines for the receipt of applications that require review in accordance with this article. Upon a finding by the zoning administrator that an application is complete and complies with the requirements of this article, including deadlines, the application shall be marked received and approved for initiation, and the date of such consideration shall be indicated in the file of the application.

(Ord. No. 12-22-20, 1-5-2021)

Within a reasonable period of time after acceptance of a complete application, the zoning administrator, or designee, may send the application out for review by internal municipal departments and external agencies as may be appropriate (i.e., inter-agency review). Any written comments received in a timely manner shall be submitted to the review bodies for consideration and any such comments shall be public record.

With respect to each rezoning or conditional use application, and any concurrent variances filed, the zoning administrator or designee may investigate and make a recommendation regarding any or all of the relevant matters enumerated in table 13.4, or in the case of a concurrent variance those criteria established for such applications in article X. Any such investigation and recommendation shall if in writing be made available to the applicant and unified planning board prior to the public hearing held by the planning commission and shall be public record. Copies of the zoning administrator's findings and recommendations shall be available upon request to interested members of the public by the time of the unified planning board's public hearing on the matter.

(Ord. No. 12-22-20, 1-5-2021)

The unified planning board will convene a meeting to consider all applications referred to it. The zoning administrator may advertise and the unified planning board may hold a public hearing on the matter. The unified planning board shall make a recommendation after careful study of the application criteria specified in table 13.4 as appropriate, and after review of any investigations and recommendations supplied by the zoning administrator.

The unified planning board's recommendations shall be submitted to the governing body, and its recommendations and, if any, its report, shall be available upon request to the interested members of the public at any public hearing on the matter held by governing body. The unified planning board may submit any additional report it deems appropriate. The recommendations of the planning commission shall have an advisory effect only and shall not be binding on the governing body.

(Ord. No. 12-22-20, 1-5-2021)

The governing body shall hold a public hearing on all applications specified in this article. Within a period of 65 calendar days from the date of the public hearing held by the governing body on any such application(s), the governing body shall render a decision on the application(s). In rendering a decision on any such application, the governing body shall consider all information supplied by the zoning administrator, the unified planning board, and any information presented at its public hearing. In addition, the governing body may but is not required to consider relevant application criteria specified in table 13.4. If the governing body fails to render a decision within 65 calendar days from the date of the public hearing held by the governing body, the application shall be approved as conditioned by the unified planning board, or in lieu of no conditions specified by the unified planning board, as conditioned by the zoning administrator.

(Ord. No. 12-22-20, 1-5-2021)

The unified planning board will convene and conduct a meeting, which is not required to be a public hearing, on all applications specified by this article that are referred to it as properly announced. The governing body will convene and conduct a public hearing on all applications specified by this article that are referred to it.

(Ord. No. 12-22-20, 1-5-2021)

At least 15 but not more than 45 days prior to the date of the public hearing before the governing body, the city shall cause to be published within a newspaper of general circulation within the city a notice of the public hearing before the governing body. The notice shall state the time, place, and purpose of the hearing.

If the zoning decision of a local government is for the rezoning of property and the rezoning is initiated by a party other than the local government, then the notice shall include the location of the property, the present zoning classification, and the proposed zoning classification of the property.

Each public notice sign pertaining to a conditional use shall state the existing or proposed zoning classification and the proposed use of the property. Each public notice sign pertaining to a concurrent variance shall state the proposed zoning classification and the section or sections of this chapter proposed to be varied.

(Ord. No. 12-22-20, 1-5-2021)

When a proposed zoning map amendment or conditional use application relates to or will allow a use that is specifically required by the Zoning Procedures Law to have special notice requirement, a duly noticed public hearing shall be held by the governing body on the proposed action in accordance with the procedures and requirements established in this article, and in addition, the requirements of the Zoning Procedures Law shall apply.

(Ord. No. 12-22-20, 1-5-2021)

For all applications involving an amendment to the official zoning map, application for conditional use, or application for a concurrent variance, the zoning administrator shall cause to have posted in a conspicuous location on said property one or more signs(s). The public notice sign shall be erected not less than 15 calendar days prior to the public hearing before the governing body pertaining to said application. Each public notice sign shall state the time, place, and purpose of the public hearing before the governing body, and the location of the property.

In

addition, each public notice sign pertaining to an amendment to the official zoning map shall state the present zoning classification and the proposed zoning classification of the property. Each public notice sign pertaining to a conditional use shall state the existing or proposed zoning classification and the proposed use of the property. Each public notice sign pertaining to a concurrent variance shall state the proposed zoning classification and the section or sections of this chapter proposed to be varied.

(Ord. No. 12-22-20, 1-5-2021)

Any public hearing required by this article shall be called and conducted in accordance with the following procedures. For purposes of this section, the term "hearing body" shall refer to both the governing body and the unified planning board. Nothing contained in this section shall be construed as prohibiting a presiding officer or hearing body from conducting a public hearing in a fair, orderly, and decorous manner.

42-196.1.

Presiding officer. The presiding officer shall preside over the respective public hearing. In the case of the governing body, the mayor shall preside, or in the absence of the mayor the mayor pro tempore, another member of the governing body shall be designated to preside over the public hearing. In the case of the unified planning board, the chairman of said board shall preside, or in the absence of the chairman, the vice chairman if designated, or if neither is present to preside, another member of the board shall be designated to preside.

42-196.2.

Opening of public hearing. The presiding officer shall indicate that a public hearing has been called on one or more applications made pursuant to this article and shall open the public hearing. Thereupon, the presiding officer shall call the first case and the hearing body shall consider each application on an individual basis in succession as printed on the published agenda or as otherwise approved by the hearing body; provided, however, that the presiding officer may at his or her discretion call and consider more than one application simultaneously when more than one application involves the same piece of property, and when proceedings would be efficiently completed by combining the hearing and discussion on more than one scheduled matter.

42-196.3.

Report of zoning administrator. Upon opening the public hearing, the presiding officer shall recognize the zoning administrator or designee, or other agents or representatives of the city, who may provide a summary of the application and present any recommendations or results of investigations. The zoning administrator may with respect to each zoning proposal investigate and make an oral statement of the findings regarding each of the matters enumerated in table 13.4 of this chapter). In the case of public hearings before governing body, unless a member of the unified planning board is present and is authorized and willing to speak for the unified planning board on the subject application, the zoning administrator may also summarize the recommendations made by the unified planning board. Any member of the hearing body upon recognition by the presiding officer may ask questions of the zoning administrator designee or other city representative providing the report or recommendations.

42-196.4.

Applicant. When an individual application comes up for hearing, the presiding officer may ask for a show of hands of those persons who wish to appear in support of the application. If it appears that the number of persons wishing to appear in support of the application is in excess of that which may reasonably be heard, the presiding officer may request that a spokesperson for the group be chosen to make presentations. Following the report of the zoning administrator or designee, the presiding officer shall recognize the applicant or his or her agent, spokesperson, or each of them, who shall present and explain the application. There shall be a minimum time period of ten minutes per application at the public hearing for the proponents to present data, evidence, and opinions; the city shall not be obligated to provide the full ten-minute period to the proponents if they elect not to use that much time. Any member of the hearing body upon recognition by the presiding officer may ask questions of the applicant or agent of the applicant, or both.

42-196.5.

Public. At the conclusion of the applicant's presentation, the presiding officer shall initiate the public comment portion of the public hearing. When an individual application comes up for review, the presiding officer may ask for a show of hands of those persons who wish to appear in opposition to, the application. If it appears that the number of persons wishing to appear in opposition to the application is in excess of that which may reasonably be heard, the presiding officer may request that a spokesperson for the group be chosen to make presentations. There shall be a minimum time period of ten minutes per application at the public hearing for the opponents to present data, evidence, and opinions; the city shall not be obligated to provide the full ten-minute period to the opponents if they elect not to use that much time.

Prior to speaking, each speaker will identify him or herself and state his or her current address. Each speaker shall speak only to the merits of the proposed application under consideration and shall address his or her remarks only to the hearing body. Each speaker shall refrain from personal attacks on any other speaker or the discussion of facts or opinions irrelevant to the proposed application under consideration. The presiding officer may limit or refuse a speaker the right to continue, if the speaker, after first being cautioned, continues to violate this procedure. Any member of the hearing body upon recognition by the presiding officer may ask questions of the person giving testimony.

42-196.6.

Applicant's rebuttal. At the conclusion of public testimony, or upon the expiration of time allotted for public testimony, the applicant or his or her agent, or both, shall be allowed a short opportunity for rebuttal and final comment, and the time devoted to any rebuttal shall be counted toward the total ten minutes allotted to the applicant under paragraph 4. of this section. Any member of the hearing body upon recognition by the presiding officer may ask questions of the applicant, his or her agent, or both.

42-196.7.

Close of hearing. After the above procedures have been completed, the presiding officer will indicate that the public hearing is closed. Upon the closing of the public hearing, the applicant or his agent and any member of the public shall no longer address the hearing body in any way, including hand waving or motions for attention; provided, however, that at any time considered appropriate the presiding officer may reopen the public hearing for a limited time and purpose.

42-196.8.

Decision. After the public hearing is closed, the hearing body may either vote upon the application or may delay its vote to a subsequent meeting, provided that notice of the time, date and location when such application will be further considered shall be announced at the meeting during which the public hearing is held.

After hearing evidence, in making a decision, the hearing body shall apply the evidence to the criteria specified in this article for the application in question and other considerations and recommendations as may be considered appropriate. At any public hearing or meeting at which there is under consideration a zoning proposal, the analysis of the subject application submitted by the initiating party, if any, shall be reviewed. In addition, the record prepared by the zoning director and the planning commission or other group, if any, shall be reviewed. It will not be required that the hearing body consider every criterion specified in this article. It shall be the duty of the applicant to carry the burden of proof that approval of the proposed application will promote the public health, safety, morality or general welfare.

If the hearing body determines from the evidence presented that the applicant has shown that the proposed application promotes the health, safety, morals, and general welfare under applicable criteria, then the application shall be granted, subject to those reasonable conditions as may be imposed by the hearing body on its own initiative or as recommended by the zoning administrator or unified planning board. Otherwise, such application shall be denied. In cases where one or more companion applications are submitted and the governing body attach conditions to the application, such conditions shall unless otherwise specifically stated otherwise become conditions of approval for each companion application.

(Ord. No. 12-22-20, 1-5-2021)

Any application for an amendment to the text of this chapter may be withdrawn at any time at the discretion of the person or agency initiating such a request, upon written notice to the zoning administrator.

Any application regulated by this article, other than a text amendment, may be withdrawn at the discretion of the applicant in accordance with this section. When any application is withdrawn not later than ten calendar days from the date of approval for initiation by the zoning administrator, one-half of the entire application fee paid by the applicant shall be refunded to the applicant. The city shall refund that portion of the application fee within 30 calendar days of the date of withdrawal of the application. No portion of a required application fee shall be refunded on any application withdrawn by an applicant later than ten calendar days from the date of approval for initiation by the zoning administrator. Any application that is withdrawn by the applicant after a public hearing has been held on the matter shall be withdrawn "with prejudice" and shall be subject to the limitations on the frequency of filing and consideration established in this article.

(Ord. No. 12-22-20, 1-5-2021)

No application regulated by this article and affecting the same or any portion of property which was denied by the governing body shall be accepted for filing by a property owner until 12 months shall have elapsed from the date said application was denied by the governing body.

The same or any portion of property previously considered in a zoning map amendment or conditional use application which was denied by the governing body may not again be initiated by the governing body until the expiration of at least six months immediately following the final decision rendered on the application by the governing body.

(Ord. No. 12-22-20, 1-5-2021)

For any application specified in this article which requires a site plan, the site plan that is the subject of such application may be revised and resubmitted by the applicant, but in no event shall a revised site plan submitted by an applicant be accepted or considered less than seven calendar days prior to the public hearing by the governing body; provided, however; the governing body may direct an applicant to submit a revised site plan to the zoning administrator for its consideration, in which case, the revised site plan shall be submitted to the zoning administrator at least seven calendar days prior to any final action being taken on the proposed zoning amendment or conditional use by the governing body. At its discretion the governing body may refer the site plan back to the unified planning board for additional study and recommendation, subject to the time initiations established in this article.

The governing body may require, as a condition of approving a zoning map amendment or conditional use, a revised site plan to be approved at a later date by the governing body or the zoning administrator. Unless otherwise specified in the approval, the site plan submitted as a part of the application shall be considered "binding" on the property owner.

(Ord. No. 12-22-20, 1-5-2021)

Concurrent variances shall not be granted to the following regulations:

(1)

Minimum lot sizes.

(2)

Minimum heated floor areas per dwelling unit.

(3)

Use variances that would permit a use which is not permitted in the zoning district in pertaining to the subject property.

(Ord. No. 12-22-20, 1-5-2021)

The intent of this section is to permit the filing of an application for variance simultaneously with another type of application and have both the concurrent variance and companion application considered at the same time by the governing body.

The governing body may consider and approve, approve with conditions, or deny an application for variance when such application is made simultaneously (i.e., concurrent variance) with an application for a zoning map amendment and/or conditional use. In such cases, the unified planning board shall provide a recommendation on the concurrent variance in addition to the companion application(s). The unified planning board shall recommend and governing body shall act on any concurrent variance in a separate motion after recommending or acting, respectively, on the other companion application(s). Any application for a variance not filed simultaneously with another application for discretionary approval shall be heard by the board of zoning adjustment.

(Ord. No. 12-22-20, 1-5-2021)

Any applicant requesting consideration of a concurrent variance to any provision of this chapter shall make application for said variance in accordance with the requirements of this article.

(Ord. No. 12-22-20, 1-5-2021)

Any applicant requesting consideration of a concurrent variance to any provision of this chapter shall provide a written justification that one or more of the following condition(s) exist. The governing body shall not approve the concurrent variance application unless it shall have adopted findings that one or more of the following conditions exist.

(1)

There are extraordinary and exceptional conditions or practical difficulties pertaining to the particular piece of property in question because of its size, shape or topography that are not applicable to other lands or structures in the same district.

(2)

A literal interpretation of the provisions of this chapter would effectively deprive the applicant of rights commonly enjoyed by other properties of the district in which the property is located.

(3)

Granting the variance requested will not confer upon the property of the applicant any special privileges that are denied to other properties of the district in which the applicant's property is located.

(4)

The requested variance will be in harmony with the purpose and intent of this chapter and will not be injurious to the neighborhood or to the general welfare.

(5)

The special circumstances are not the result of the actions of the applicant.

(6)

The variance requested is the minimum variance that will make possible the proposed use of the land, building, or structure in the use district proposed.

(7)

The variance shall not permit a use of land, buildings or structures, which is not permitted by right in the zoning district or overlay district involved.

(Ord. No. 12-22-20, 1-5-2021)

(a)

Any applicant wishing to file an application for a zoning change related to a planned unit development zoning district must schedule a conference with the planning department staff at least 15 days prior to filing an application.

(b)

Applications for rezoning to the PUD, planned unit development district, or applications for a zoning amendment of an existing PUD, shall in addition to the other requirements specified in this zoning ordinance, include the following:

(1)

Binding concept plan. Unless specifically approved otherwise, the concept plan shall become a condition of zoning approval and must be followed.

(2)

Architectural elevations. Applications shall include perspective front, side, and rear elevation drawings of representative building types. These drawings shall indicate general architectural characteristics. If the PUD is approved, architectural elevations submitted as part of the application shall be considered binding unless specifically noted otherwise in the approval.

(3)

Land uses and development summary. The application shall include a list of all land uses proposed to be included in the PUD, the total land area devoted to each of the land uses proposed, the percentage of the total land area within the PUD devoted to each proposed land use, the number of residential units by type, floor area for each type of dwelling unit (typical, or a range as appropriate), density, and the total square footage of buildings devoted to non-residential uses. In addition, the application shall contain a development schedule indicating the approximate dates for beginning and completing the project, or each phase if the development is to be phased, and the extent of development and types of land uses in each phase.

(4)

Dimensional requirements. The application shall contain all dimensional requirements that are proposed to apply within the PUD, including minimum lot sizes, minimum lot widths, maximum building coverage, front, side and rear building setbacks, and maximum heights. Such proposed dimensional requirements shall be presented in a table on the development plan or in the written text accompanying the application. The application should indicate dimensional provisions to the extent they apply to the uses proposed.

(5)

Improvement requirements comparison. The application shall contain descriptions of improvements to be constructed within the PUD, such as, but not limited to, street types, right-of-way widths, pavement widths, sidewalk locations and dimensions, and other improvements. Such proposed improvements shall be presented in a table on the development plan or in the written text accompanying the application that shows the proposed improvements in comparison with improvements that would be required otherwise without approval of a PUD. To the extent they can be shown at the time of development plan approval, environmental quality standards should be incorporated in the development application, particularly as they relate to storm water runoff, stream protection, and tree protection.

(6)

Private restrictions. PUDs that have commonly owned facilities and space shall have private restrictions and covenants established which shall be subject to approval of the city. The developer of a PUD involving commonly owned facilities and space shall submit, along with the development plan application, a declaration of covenants, conditions, and restrictions and articles of incorporation and by-laws for the property owners or home owners association. The declaration shall confer membership to the owner of property subject to assessment by the association, provide for voting rights in the association with suggestions for the division of power between the developer and the property owners, and provide for maintenance assessments, among other things. The director may waive the requirements of this paragraph when, in his or her opinion, an applicant submits a letter that demonstrates his or her intent to comply with these requirements and addresses any particular issues associated with maintenance of common grounds.

(7)

Community benefit statement. The applicant shall submit a written statement identifying the relative benefits that will accrue to the community as a result of the property being developed under PUD provisions. Benefits to the community include mixed land uses that reduce vehicle trips, open spaces provided and linked to larger open space networks, natural features retained, and quality architectural designs provided. This statement is a developer's opportunity to define why the PUD proposal merits approval and how it will serve the community better than a conventional development.

(Ord. No. 03-23-01, § 2, 4-4-2023)