Cornelia City Zoning Code

An area proposed for annexation into the city shall first be considered for zoning prior to its annexation. Consideration of the zoning shall be subject to the same procedures, standards, and requirements for any rezoning or special use as contained in chapter 42 except as specifically modified by this chapter.

(Ord. No. 04-26-01, § 1, 5-5-2026)

(a)

An application for annexation for any property contiguous to the city may be initiated by the governing body, owner of the property, or some other person given authorization by property owner to file said application. Unless initiated by the governing body, all such applications shall be initiated by the owner of a majority interest in the property affected.

(b)

Any applicant wishing to submit an application for annexation must schedule an appointment with the zoning administrator in order to review the application for completeness. No such application shall be accepted for processing unless it meets the requirements of this section. Incomplete or improper applications will be returned to the applicant. The zoning administrator is hereby authorized to establish administrative deadlines for the receipt of applications.

(c)

Any applicant wishing to file an application for a planned unit development zoning district must schedule a conference with the zoning administrator at least 15 days prior to filing an application and shall submit the additional application materials required for a PUD district as outlined in article XV.

(Ord. No. 04-26-01, § 1, 5-5-2026)

Any applicant wishing to withdraw a proposed annexation request shall comply with the withdrawal procedures for rezoning applications. There shall be no waiting period of six months for reapplication upon denial of an annexation request.

(Ord. No. 04-26-01, § 1, 5-5-2026)

Applications for annexation shall include the following requirements:

(1)

Application form. A completed application. All applications shall be submitted to the zoning administrator on the department's application forms.

(2)

Fee. All applications shall be accompanied by a non-refundable fee as fixed from time to time by the governing body. A fee shall not be charged if the governing body.

(3)

Plat or boundary survey. A plat or boundary survey of the property involved in the application. Provide one scaled and folded copy, and one 8.5-inch by 11-inch or 11-inch by 17-inch reproducible size copy.

(4)

Legal description. A paper copy and an electronic copy in Microsoft Word format of the legal description of the property that corresponds with the property shown on the submitted boundary survey/plat.

(5)

Written narrative. A written narrative should indicate, at a minimum:

a.

The purpose of the request, proposed use, economic and environmental impacts, including protection areas in which the property is located.

b.

Any planned developments shall include a narrative which fully describes the concept plan and must include, at a minimum, the proposed use, setbacks, right-of-way widths, building heights, signage.

(6)

Architectural renderings. Architectural renderings for any proposed new construction or exterior alterations of the existing structure, including, at a minimum:

a.

Roof pitch;

b.

Materials to be used on exterior;

c.

Basic landscaping proposed; and

d.

Building elevations.

(7)

Concept plan. An application for annexation approval related to a residential subdivision, multifamily, or nonresidential use or zoning district shall be accompanied by a concept plan if any new construction is proposed or alteration of the site is required under the site or development design standards of this Code. An as-built survey (rather than a concept plan) indicating the most current development conditions must be submitted with those applications regarding existing developments that are not to be altered. The concept plan must be prepared by a professional engineer, or a registered land surveyor; landscape architect; or architect. The applicant shall submit one 11-inch by 17-inch reproducible copy.

(8)

Traffic impact analysis. Any annexation application which can be reasonably expected to generate 1,000 vehicle trip ends during a single day and/or more than 100 vehicle trips during the morning or afternoon peak hours shall submit a traffic impact analysis. The cost of conducting the traffic impact analysis, as well as any improvements put forth in the recommendations, shall be the financial responsibility of the applicant. No application shall be accepted nor advertised for a public hearing until such time as the transportation impact study, if required, has been completed and submitted to the zoning administrator.

(9)

Development of regional impact. Any annexation application that would result in a zoning or development approval that meets or exceeds the thresholds established by the state department of community affairs shall be considered a development of regional impact (DRI).

a.

The zoning administrator may request information in addition to that specified in this section when considered necessary for review of the application by the governing body or unified planning board.

(Ord. No. 04-26-01, § 1, 5-5-2026)

The concept plan shall show the following, as appropriate to the annexation requested:

(1)

Name, address and telephone number of the property owner.

(2)

Name, address and telephone number of the applicant.

(3)

Date of survey, north point and graphic scale, source of datum, date of plan drawing, and revision dates, as appropriate.

(4)

Proposed use of the property.

(5)

Location (land district and land lot) and size of the property in acres (or in square feet if less than an acre).

(6)

Location map of the property in relation to the surrounding area with regard to well-known landmarks such as arterial streets or railroads. Location maps must be drawn at a scale sufficient to show clearly the information required, but not less than one inch equal to 2,000 feet. U.S. Geological Survey maps may be used as a reference guide.

(7)

Zoning district classification of the subject property and all adjacent properties, and zoning district boundaries as appropriate.

(8)

Natural features within the property, including drainage channels, bodies of water, wooded areas and other significant natural features such as rock outcroppings. On all water courses entering or leaving the property, the direction of flow shall be indicated. The 100-year floodplain, if any, shall be outlined.

(9)

Manmade features within and adjacent to the property, including existing streets and names, city and county political boundary lines, and other significant information such as location of bridges, utilities, existing buildings to remain, and other features as appropriate to the nature of the request.

(10)

The proposed project layout, including the following:

a.

For subdivisions, approximate lot lines and street right-of-way lines, along with the front building setback line on each lot;

b.

For multifamily and nonresidential development projects, the approximate outline and location of all buildings, and the location of all minimum building setback lines, outdoor storage areas, buffers, parking areas, and driveways.

(11)

The proposed phasing of the development if it is proposed to be built in sections.

(12)

A statement as to the practicability of runoff reduction and feasibility of site and size of aboveground and/or below ground stormwater BMPs with respect to desired zoning density.

(13)

The approximate location and surface area of proposed stormwater facilities.

(14)

Such additional information as may be useful to permit an understanding of the proposed use and development of the property.

(Ord. No. 04-26-01, § 1, 5-5-2026)

Applications for annexation with a zoning classification of PUD, planned unit development district shall in addition to the other requirements specified in this chapter include those additional application materials required for a PUD district as outlined in article XV.

(Ord. No. 04-26-01, § 1, 5-5-2026)

In addition to the process and procedures for a rezoning, there are additional steps to be taken when processing applications for annexation.

(1)

Upon or following the date of notice to the county of the proposed annexation as required under O.C.G.A. § 36-36-6, the governing body shall initiate the zoning of the property to be annexed or consider an application for a zoning submitted by or on behalf of the owner of such property under the provisions of this chapter.

(2)

The unified planning board and the governing body shall conduct their public hearings on the zoning prior to the annexation of the land into the city. Notice of such hearing shall be published in a newspaper of general circulation in the county.

(3)

If the annexation request is denied, any action by the governing body on the zoning shall be null and void.

(4)

Furthermore, there are mandatory reports required that must be submitted to local, state and federal agencies. Such reports and documents shall be prepared by and submitted by the zoning administrator on behalf of the applicant.

(Ord. No. 04-26-01, § 1, 5-5-2026)

The unified planning board and the governing body shall consider the following standards in considering any annexation proposal, giving due weight or priority to those factors that are appropriate to the circumstances of each proposal. In addition, any application that proposes a change in the conditions of approval previously established by the governing body through action on an annexation shall be reviewed in light of the standards set forth in this section, as appropriate.

(1)

Is the proposed use suitable in view of the zoning and development of adjacent and nearby property?

(2)

Will the proposed use adversely affect the existing use or usability of adjacent or nearby property?

(3)

Is the proposed use compatible with the purpose and intent of the comprehensive plan?

(4)

Are their substantial reasons why the property cannot or should not be used as currently zoned?

(5)

Will the proposed use cause an excessive or burdensome use of public facilities or services, including, but not limited to, streets, schools, water or sanitary sewer utilities, drainage and stormwater management, and police or fire protection?

(6)

Is the proposed use supported by new or changing conditions not anticipated by the comprehensive plan or reflected in the existing zoning on the property or surrounding properties?

(7)

Does the proposed use reflect a reasonable balance between the promotion of the public health, safety, morality, or general welfare and the right to unrestricted use of property?

(Ord. No. 04-26-01, § 1, 5-5-2026)

The zoning of property hereafter annexed shall become effective on the day the zoning is approved by the governing body, on the date that the annexation becomes effective, or where a county has interposed an objection pursuant to O.C.G.A. § 36-36-113, the date the objection was finally denied, whichever is later.

(Ord. No. 04-26-01, § 1, 5-5-2026)

No application for a land development or building permit shall be filed on newly annexed property until the first of the month following the effective date of the annexation approval.

(Ord. No. 04-26-01, § 1, 5-5-2026)

Any use existing at the time of annexation approval on property annexed by the city which does not comply with the use provisions of the city's zoning district assigned to said annexed property shall be considered a nonconforming use.

(Ord. No. 04-26-01, § 1, 5-5-2026)

Lands hereafter annexed into the city limits shall, upon the effective date of such annexation, be subject to all applicable procedural and substantive requirements of this Code as now or hereafter amended. Any new use of an annexed property after zoning approval shall only be permitted if it conforms to all applicable provisions of this Code.

(Ord. No. 04-26-01, § 1, 5-5-2026)