The procedures and standards set forth in this chapter shall apply to all amendments, variances and special use permits, except as otherwise provided.

(Ord. dated 6/30/08 (part))

A.

Creation. There is created a planning commission for the city of Covington. The official name of this commission shall be the "Covington Planning Commission."

B.

Intent and Purpose. The intent and purpose of the planning commission shall include conducting public hearings, requesting and receiving studies and reports from staff, and reviewing and making recommendations to the mayor and council concerning matters brought before them. Carrying out this purpose shall include the following duties:

1.

To review and make recommendations regarding proposed amendments to the comprehensive plan, zoning ordinance, official zoning map, and applications for special use permits according to the standards for review set forth in this chapter;

2.

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

3.

To work with the city departments, boards and authorities and mayor and council when appropriate to the purposes of the planning commission, in carrying out their various functions by making recommendations to achieve the desired benefits on behalf of present and future Covington residents, businesses and property owners.

C.

Finances. The expenditures of the planning commission shall be within the amounts appropriated for that purpose by the governing authority of the city.

D.

Appointment and Terms.

1.

Composition. The planning commission shall be composed of at least five members and no more than nine members, all of whom shall be appointed by the mayor and council.

2.

Terms. Members of the commission shall be appointed for overlapping terms of three years and shall serve until their successors are appointed. Original appointments may be made for a lesser number of years, so that the terms of said members shall be staggered.

3.

Qualifications. Members shall be residents of the city, none of whom shall hold any other public office or position with the city of Covington. When possible, the chair and at least two other members of the planning commission shall be professionally qualified in the fields of planning, architecture, landscape architecture, civil engineering, real estate, building construction or related fields.

4.

Compensation. All members of the planning commission shall serve without compensation but may be reimbursed for expenses as set forth in a resolution adopted by the city incurred in connection with their official duties.

5.

Vacancies. 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 the member takes action that results in them not being a resident or business owner in the city, such member shall be deemed to have resigned from the planning commission.

6.

Other Offices. Members of the planning commission shall hold no other elected or appointed office or other city-compensated position.

7.

Expiration of Term. Appointments shall expire on July 1st in the last year of the term.

8.

Removal from Office. A member of the planning commission may be removed from office prior to the expiration of his/her appointed term by a majority vote of the mayor and council.

E.

Planning Commission Officers.

1.

Chair. In July of each year the planning commission shall elect its chairperson from among its members. The chair's term shall be one year with eligibility for re-election.

2.

Duties of Chair. The chair shall preside at all meetings and hearings of the planning commission and decide all points of order and procedure. The chair may appoint committees necessary to assist and advise the planning commission in its work.

3.

Vice-chair. The planning commission shall elect a vice-chair in July of each year. The vice-chair's term shall be one year with eligibility for re-election.

4.

Duties of the Vice-chair. The vice-chair shall serve as acting chair in the absence of the chair and, when acting in such capacity, shall have the same powers and duties as the chair.

5.

Secretary. A designated person from the planning and zoning department shall serve as the secretary of the planning commission. The secretary shall have responsibility for assisting the chair with scheduling and preparing an 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; attendance to the correspondence of the planning commission; and other duties assigned by the chair, subject to the budgetary limitations of the planning and zoning department.

F.

Committees. The chair 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 mayor and council), residents and business owners of the city 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. The planning commission shall establish and make available to the public the time, place, and dates of its regular meetings. Except as otherwise authorized by the Georgia Open Meetings Act, O.C.G.A. Section 50-14-1 et seq., all meetings shall be open to the public. Public notice of all meetings shall be as required by said Georgia Open Meetings Act, in addition to any additional public notice for zoning hearings otherwise required in this chapter. 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 secretary.

2.

Special Called Meetings. The chair, secretary, or a majority of the planning commission may call a special meeting at any time provided that written notice is posted for at least twenty-four (24) hours at the place of regular meetings and written or oral notice is given at least twenty-four (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 twenty-four (24) hours in advance of the meeting. No business other than the specific stated purpose shall occur at the special called meeting.

3.

Cancellation of Meetings. In the event there is a lack of business to be discussed and/or voted upon at a future meeting, the meeting may be cancelled. In such a case, the secretary shall notify each member at least twenty-four (24) hours prior to such scheduled meeting and shall place an appropriate public notice at the city courthouse or annex building stating the date of the canceled meeting at least twenty-four (24) hours in advance of the scheduled meeting.

4.

Agenda and Minutes.

a.

The chair 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. The agenda shall be available prior to each meeting and posted at the meeting site for the public.

b.

Not more than two business days following the adjournment of a meeting of the planning commission, the secretary shall ensure that a written summary of the subjects acted on by the planning commission and a list of those members present is available for public inspection in the offices of the planning and zoning department.

c.

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 brief summary of any explanation or commentary that is relevant to the decisions made on matters before the planning commission.

d.

Copies of the approved minutes for each meeting of the planning commission shall be available to the public immediately following the next regularly scheduled meeting of the planning commission.

5.

Procedures. The planning commission shall make its own rules of procedure and determine its time of meeting. Such rules shall be subject to approval of the mayor and council. Robert's Rules of Order shall govern any procedural question not otherwise covered by this chapter or said rules of procedure.

6.

Order of Business at Meetings. The order of business at meetings shall be as follows:

a.

Roll call and determination of a quorum;

b.

Approval of minutes of previous meetings;

c.

Approval of the agenda;

d.

Old or unfinished business;

e.

New business;

f.

Reports;

g.

Public comment;

h.

Adjournment.

7.

Agenda Changes. The chair 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.

H.

Quorum and Voting.

1.

Quorum. A quorum shall consist of a majority of the members of the planning commission. A majority vote of those present constituting a quorum shall be sufficient to decide all matters that come before the planning commission except where a greater number is required by Robert's Rules of Order.

2.

Voting.

a.

The planning commission chair shall not cast a vote except when necessary for breaking tie votes of the commission.

b.

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 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 O.C.G.A. Section 36-67A-1 et seq.

c.

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.

d.

The planning commission may add conditions to any proposed amendment to the comprehensive plan, amendment to the official zoning map or any special event permit or special use permit it deems necessary so as to mitigate impacts of the proposal upon surrounding properties consistent with the purposes of the city's resolutions, ordinances, regulations, policies and procedures.

(Ord. dated 6/30/08 (part); Ord. dated 10/18/10, § 1)

A.

Applications to amend the official zoning map or the future land use map, and applications for a building permit in the NR3, CR, TCR, NM, CM, TCM and M districts, shall not be submitted or accepted by the city until a pre-application meeting is held with the planning and zoning director. At this meeting the applicant shall present preliminary plans to the planning and zoning director that demonstrate how the pending application adheres to the requirements of this zoning ordinance. The purpose of the pre-application meeting is to assist in the applicant's understanding of this zoning ordinance and its requirements; to educate the applicant on community design policies and standards; and to inform the applicant of all necessary application materials required by the zoning ordinance. No preliminary decision on the application or assurances that a particular proposal will be approved shall be made by any city personnel or officials.

B.

When the applications listed in subsection A of this section are for uses with a combined total floor area greater than two hundred fifty thousand (250,000) square feet, the planning and zoning director shall:

1.

Notify the department directors or their designees of other applicable city departments of the pre-application meeting and invite their attendance to same; and

2.

Require the applicant to include a traffic study describing the extent, nature and location of traffic impacts for all property for which the application is being sought as well as all contiguous property owned by the applicant. The study area shall include the entire site being developed, future phases of multi-phase development, and the surrounding roadways likely to be impacted. Traffic studies shall be performed during a period of five contiguous full days of school when the Newton County School System is in session. The scope of required traffic studies shall be promulgated by the planning and zoning director.

(Ord. dated 6/30/08 (part); Ord. dated 6/6/22, § 5)

Whenever the public necessity, public convenience, general welfare or good zoning practice justify such action, this zoning ordinance including the official zoning map, and the future land use map, may be amended by the mayor and council. The procedures for such amendments shall be as provided in this chapter.

A.

Initiation of Amendments. Amendments to the official zoning map or to the future land use map may be initiated by application of the owner(s) of the subject property or the authorized agent(s) of the owner(s) of the property, or by the mayor and council. Amendments to the text of Title 16 may be initiated by the mayor and council.

B.

Application Schedule.

1.

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

2.

If the final decision of the mayor and council of the city pursuant to the provisions of Section 16.12.090 is the denial of an amendment to the zoning ordinance that was for the purpose of rezoning property, then the same property may not again be considered for rezoning until the expiration of at least six months immediately following the action taken by the mayor and council in denying such rezoning.

3.

No amendment to the future land use map that is denied by mayor and council may be resubmitted for approval for six months following the action of denial by the mayor and council.

4.

An application may not be withdrawn or amended, unless authorized by a majority vote of the mayor and council, after the legal advertising required by this chapter has been submitted for publication. The mayor and council may allow an application to be so withdrawn without prejudice which shall not be considered a denial for purposes of Section 16.12.090.

5.

Applications to amend the official zoning map may also include variance requests. In such cases, the mayor and council shall assume all powers and duties otherwise exercised by the board of appeals and adjustments pursuant to Section 16.12.170.

C.

Content of Applications. Applications to amend the official zoning map or the future land use map shall be filed with the planning and zoning director on a form available from the director and shall, at a minimum, include the following:

1.

An application fee established by the mayor and council.

2.

The name, address, telephone number, fax number, and email address of the owner, and the same information from the applicant, if different. Whenever the applicant is not the property owner, the owner shall certify by notarized signature that the applicant has authority to file the application. When properties have more than one owner, the notarized signature of all property owners shall be required.

3.

The street address and a legal description of the property.

4.

Two copies 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 and the street names and right-of-way dimensions of abutting streets. The plat 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.

5.

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

6.

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.

7.

If the application requests a change in the official zoning map, the applicant shall provide a written analysis of the impact of the proposed amendment with respect to each of the standards governing the exercise of zoning set forth in Section 16.12.110. If the application requests a change in the future land use map, the applicant shall provide a written analysis of the impact of the proposed amendment with respect to each of the standards for review of the future land use map set forth in Section 16.12.120.

8.

If the application requests a change in the official zoning map, the applicant shall submit all development plans required by Section 16.12.050.

9.

If the application requests a change in the official zoning map, the applicant shall submit all disclosures of campaign contributions required by O.C.G.A. Section 36-67A-3, as amended.

10.

If the application requests one or more variances, the applicant shall provide written analysis of the standards for application and approval of variances in Section 16.12.170 for each variance request.

11.

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

(Ord. dated 6/30/08 (part); Ord. dated 10/1/18, § 1; Ord. dated 11/7/22, § 1)

Applications to amend the official zoning map shall include development plans that shall meet the following criteria. These development plans shall be prepared upon a base drawing stamped and sealed by a Georgia registered professional architect, surveyor, civil engineer, landscape architect or land planner. Applications shall contain five sets of copies of each of the following elements, unless determined inapplicable to a specific development by the planning and zoning director:

A.

Site Analysis. A site analysis and topographic map at a minimum one inch equals twenty (20) foot scale. The site analysis shall include information on all existing man-made and natural features, utilities, all streams and easements, and features to be retained, moved, or altered. The existing shape and dimensions of the existing lot to be built upon including the size, measurement and location of any existing buildings or structures on the lot shall be included.

B.

Site Plan. A site plan at a minimum one inch equals twenty (20) foot scale showing compliance with all regulations and calculations required by the zoning ordinance and subdivision ordinance which shall include but not be limited to information on all proposed improvements including proposed building footprints, doors, densities, parking ratios, open space, height, sidewalks, yards, under- and over-head utilities, internal circulation and parking, landscaping, grading, lighting, drainage, amenities, and similar details including their respective measurements.

C.

Landscape Plan. A landscape plan at a minimum one inch equals twenty (20) foot scale showing compliance with all regulations and calculations required by the zoning ordinance and development ordinances which shall include but not be limited to information on landscaping, tree species and the number of all plantings and open space including the landscaping that is being preserved, removed and that which is replacing the landscaping that is removed.

D.

Architectural Design. The architectural design elements showing compliance with all regulations and calculations required by the zoning ordinance which shall include but not be limited to scaled elevation drawings of proposed structures and information on building materials, features, exterior finish legend, windows, doors, colors, and items affecting exterior appearance, such as signs, air conditioning, grills, compressors, and similar details including their respective measurements.

E.

Multiple Buildings. Groups of buildings on the same parcel of land may be reviewed and permitted as a single project rather than individual buildings. Grouping of similar buildings is encouraged to minimize the number of reviews required and to allow for originality and design flexibility.

F.

LEED Analysis. Applications for developments containing greater than fifty thousand (50,000) square feet of gross floor area shall submit a LEED (Leadership in Energy and Environmental Design) check list at the time of application. The check list shall be completed by a LEED Accredited Professional and shall utilize the most recent version of the LEED program as governed by the U.S. Green Building Council. The LEED review shall document the specific elements of LEED certification that can and cannot be met and shall include a cost estimate for each element whether it is being met or not. The LEED review process shall not be a factor in the approval or denial of any development. The LEED check list shall be reviewed by the planning and zoning director but shall not be a part of the application as it moves forward through the remainder of the approval process. LEED analysis is for informational purposes only and is intended to aid the city in facilitating the awareness of better-building practices within the city.

G.

Traffic Impact Study. Any development plans in excess of the thresholds for each type of development set forth below shall submit a traffic impact study in accordance with the city standards. The study shall be prepared by a certified traffic engineer or transportation planner in accordance with professional practices and must be submitted at the time of the application. If final development type is difficult to determine, use the thresholds for the highest intensity development type allowed by the zoning ordinance.

In addition, the city may find that proposed or existing site conditions may warrant the submission of a traffic impact study even when the thresholds are not exceeded. Those conditions may include, but not be limited to the following:

1.

High traffic volumes on surrounding roads that my affect movement to and from the proposed development.

2.

Lack of existing left turn lanes on the adjacent roadway at the proposed access drive.

3.

Inadequate sight distance at access points.

4.

The proximity of the proposed access points to other existing drives or intersections.

5.

A development that includes a drive-through operation.

(Ord. dated 6/30/08 (part); Ord. dated 2/7/22, § 1)

A.

All completed applications for official zoning map amendments and future land use map amendments, and proposed amendments to the zoning text, official zoning map or future land use map initiated by the mayor and council, shall be distributed by the planning and zoning director to appropriate city officials and departments for review and comment. Such applications and amendments may be referred to herein as "zoning proposals" and shall be reviewed by the planning and zoning director as set forth in this section and scheduled for public hearing before the planning commission and mayor and council, in accordance with this chapter's procedures.

B.

The planning and zoning director shall submit a report on each zoning proposal. The director shall investigate and include in the report a recommendation applying the standards enumerated in this chapter applicable to the type of zoning proposal under review. The director's report shall be a public record.

(Ord. dated 6/30/08 (part))

A.

Public Hearings. The mayor and council shall make all final zoning decisions on zoning proposals authorized by this chapter. The planning commission shall make recommendations on such zoning proposals to the mayor and council. The planning commission and the mayor and council shall each hold a public hearing prior to said action following the public notice requirements herein.

B.

Notice.

1.

At least fifteen (15) but not more than forty-five (45) days prior to the date of the hearings required in subsection A of this section, the planning and zoning director or city clerk shall cause to be published within a newspaper of general circulation within the territorial boundaries of the city a notice of the hearings before the planning commission and the mayor and council. The notice shall state the time, place, and purpose of each hearing.

2.

If a zoning proposal is for the rezoning of property and the rezoning is initiated by a party other than the mayor and council, then:

a.

The notice, in addition to the requirements of subsection (B)(1) above, shall include the location of the property, the present zoning classification of the property, and the proposed zoning classification of the property; and

b.

The applicant shall post one or more signs in a conspicuous location on the property, not less than fifteen (15) days prior to the date of each public hearing. At least one sign shall be posted along each street on which the subject property has frontage. One additional sign shall be posted for each additional five hundred (500) feet of frontage or fraction thereof in excess of five hundred (500) feet of frontage on each street on which the subject property has frontage. The planning and zoning director shall provide the signs to the applicant for timely posting by the applicant. Each sign shall contain the time, place and purpose of the public hearings before the planning commission and the mayor and council; and

c.

Written notice shall be mailed by first class mail by the planning and zoning director to all property owners adjacent to the boundaries of the subject property, as such property owners are listed on the city's tax records, at least fifteen (15) days prior to the date of each public hearing. The written notice shall state the time, place and purpose of the public hearings before the planning commission and the mayor and council.

3.

When a zoning proposal relates to or will allow the location or relocation of a halfway house, drug rehabilitation center, or other facility for treatment of drug dependency, a public hearing shall be held by the mayor and council on the proposed action. Such public hearing shall be held at least six months but not more than nine months prior to the date of final action on such zoning decision by the mayor and council. The hearing required by this section shall be in addition to the hearings required under subsection A above.

a.

Notice of this hearing shall be published in a newspaper of general circulation in the manner required by subsection (B)(1) above and sign(s) shall be posted on the property in the manner required under subsection (B)(2)(b) above.

b.

Notice as required under this subsection, both posted and published, shall include a prominent statement that the proposed zoning decision relates to or will allow the location or relocation of a halfway house, drug rehabilitation center, or other facility for treatment of drug dependency. The published notice shall be at least six column inches in size and shall not be located in the classified advertising section of the newspaper.

(Ord. dated 6/30/08 (part); Ord. dated 6/6/22, § 6)

The following policies and procedures shall govern the calling and conduct of the public hearings held by the planning commission and the mayor and council pursuant to this chapter. Printed copies of these policies and procedures shall be available for distribution to the general public.

A.

For Planning Commission.

1.

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

2.

Proponents of each zoning proposal shall then be allowed a total of ten (10) minutes for presentation of data, evidence and opinion concerning the zoning proposal. If all ten (10) minutes are not used, the proponent's remaining time may be reserved for rebuttal. Opponents of each zoning proposal shall then be allowed a total of ten (10) minutes for presentation of data, evidence and opinion concerning each zoning proposal. The presentation times may not be reduced but may be extended by majority vote, provided they are expanded equally for proponents and opponents.

3.

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

4.

Following public comment, the chair shall close the public comment portion of the hearing with respect to the proposal under consideration and seek discussion and/or a motion to act upon the proposal as provided in code Section 16.12.090.

B.

For Mayor and Council.

1.

The hearing shall be presided over by the mayor. After calling the hearing to order, the mayor shall request that the parcels of property and/or references to the code sections which are subject of the zoning proposal be identified and read. Following such identification and reading, the recommendation of the planning and zoning director and the planning commission shall be presented. The mayor and council shall cause the written recommendation of the planning and zoning director and the recommendation and all documentation of the planning commission to be made a part of the record.

2.

Proponents of each zoning proposal shall then be allowed a total of ten (10) minutes for presentation of data, evidence and opinion concerning the zoning proposal. If all ten (10) minutes are not used, the proponent's remaining time may be reserved for rebuttal. Opponents of each zoning proposal shall then be allowed a total of ten (10) minutes for presentation of data, evidence and opinion concerning each zoning proposal. The presentation times may not be reduced but may be extended by majority vote, provided they are expanded equally for proponents and opponents.

3.

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

4.

Following public comment, the mayor shall close the public comment portion of the hearing with respect to the proposal under consideration and seek discussion and/or a motion to act upon the proposal as provided in code Section 16.12.090.

(Ord. dated 6/30/08 (part))

A.

Action by Planning Commission.

1.

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

2.

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

a.

Approve the proposal as requested;

b.

Approve the proposal with changes and/or conditions;

c.

Deny the proposal;

d.

Recommend the applicant be allowed to withdraw and further recommend as to with or without prejudice;

e.

Recommend deferral of the proposal for additional information at a future public hearing.

3.

If the planning commission fails to make one of the above recommendations at the conclusion of the public hearing, it shall be deemed to have given a recommendation of "no comment" on the proposal.

B.

Final Action by Mayor and Council. A meeting of the mayor and council for the purposes of reviewing and making final decisions on zoning proposals under this chapter shall be held immediately upon the conclusion of the public hearing or at the next regular or specially called meeting of the mayor and council. At said meeting, the mayor and council shall review the analysis and materials submitted by the initiating party, the recommendations of the planning and zoning director and the planning commission, other matters of record, materials, data, evidence and opinion submitted during public comments, and the review standards and criteria set forth herein that are applicable to the type of proposal under review in making a final decision on each zoning proposal. Upon the conclusion of deliberations, the mayor and council may approve, deny, or defer the proposal, make changes to or add or delete conditions to the proposal, or allow the proposal to be withdrawn with or without prejudice. An application allowed to be withdrawn with prejudice may not be resubmitted except in compliance with Section 16.12.040(B). An action by the mayor and council to defer a final decision on the zoning proposal shall include a statement of the date and time of the next meeting at which the proposal will be considered by the mayor and council. If the proposal is referred to the planning commission for another public hearing, all of the notice procedures in Section 16.12.070 shall again be followed. Actions by the mayor and council that result in a rezoning or other amendment to this title, shall be adopted by an ordinance implementing such action in accordance with Section 5 of the charter of the city of Covington.

(Ord. dated 6/30/08 (part))

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

A.

The planning and zoning director shall prepare a report recommending approval or denial of the annexation request based on whether the project will generate enough tax revenue to exceed all operational and capital lifecycle costs of public services and infrastructure.

B.

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

C.

The public hearings required by Section 16.12.070 of this chapter shall be conducted prior to the annexation of the subject property into the city of Covington.

D.

In addition to any other notice requirements, the city of Covington shall cause to be published within a newspaper of general circulation within the territorial boundaries of the county wherein the property to be annexed is located a notice of the hearing as required under the provisions of Section 16.12.070, as applicable, of this chapter and shall place a sign on the property when required by Section 16.12.070(B) of this chapter; and

E.

The zoning classification approved by the mayor and council following the hearing required by this section shall become effective on the later of:

1.

The date the zoning is approved by the mayor and council;

2.

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

3.

Where a county has interposed an objection pursuant to O.C.G.A. § 36-36-11, the date provided for in paragraph (8) of subsection (b) of said code section.

(Ord. dated 6/30/08 (part); Ord. dated 6/6/22, § 7)

The planning and zoning director, the planning commission and the mayor and council shall consider the following standards governing the exercise of the zoning power whenever deliberating over any zoning proposal pursuant to this chapter. The review standards for special use permits are set forth in Section 16.12.140(I). The review standards for the future land use plan amendments are set forth in Section 16.12.120. Printed copies of these standards shall be available for distribution to the general public.

A.

The existing uses and zoning of nearby property;

B.

The extent to which property values are diminished by their particular zoning restrictions;

C.

The extent to which the possible reduction of property values of the subject property promotes the health, safety, morals or general welfare of the public;

D.

The relative harm to the public as compared to the hardship imposed upon the individual property owner;

E.

The suitability of the subject property for the zoning proposed;

F.

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

G.

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

H.

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

I.

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

J.

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

K.

Whether the zoning proposal is in conformity with the policy and intent of the future land use map; and

L.

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

(Ord. dated 6/30/08 (part))

The planning and zoning director, the planning commission and the mayor and council shall consider the following standards governing future land use map amendments. Printed copies of these standards shall be available for distribution to the general public.

A.

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

B.

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

C.

Whether the land use amendment proposal negatively impacts natural and historic resources identified by the city;

D.

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

E.

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

F.

Whether the land use amendment proposal meets the policies and intent established in the future development map.

(Ord. dated 6/30/08 (part))

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

A.

Whenever an application for amending the official zoning map, amending the future land use map, or for a special use permit or other special permit is accompanied or supported by specific plans and designs or other written requirements for a particular use and its development, the mayor and council may approve the amendment as "conditional." In addition, the planning commission and the planning and zoning director may recommend, and the mayor and council may adopt, conditions to any such actions when deemed necessary to mitigate impacts of the proposal upon surrounding properties consistent with the purpose of this chapter and the comprehensive plan. It shall be the duty of the planning and zoning director to ensure that the development, and use of the property is in strict compliance with the plans, designs and other written requirements adopted and approved as conditions by the mayor and council.

B.

Upon approval by the mayor and council, said conditional plans shall bear a certificate by the city clerk indicating said approval. One copy of said plan shall be maintained by the city clerk as a part of the record, one copy filed with the planning and zoning director and one copy returned to the applicant.

C.

If for any reason, development and use of the property approved in accordance with the procedure outlined in subsections A and B above cannot be accomplished, such conditions shall not be altered, changed or varied, except after approval by the mayor and council, in accordance with the procedures for amendments set forth in this chapter, except minor modifications authorized in subsection D below.

D.

Minor Modification of Final Conditions. The planning and zoning director shall have sole authority to approve minor changes to final conditions that were approved by the mayor and council. For the purposes of this section, a minor change in the final conditions means a slight alteration to a final conditional plan or change in layout or wording of a written condition that does not result in the visible intrusion of any building, structure, driveway, walkway, parking lot, plaza, wall or similar built element into any open space, yard, landscaped buffer, undeveloped space, or any similar space, when any such space is shown on the final conditional plans as being next to and visible from a property line or street; and that is made necessary due to development constraints unknown at the time of adoption of the conditions; and is a minor alteration that will not disturb the primary purpose and intent of the original condition(s) and is consistent with the underlying zoning action, this title, and the comprehensive plan.

(Ord. dated 6/30/08 (part))

A.

Purpose. The purpose of this section is to provide for uses that are potentially 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 in any particular site in the district and compatibility with adjacent uses. A special use permit shall not be approved in any zoning district unless it is listed as a special use for the subject district in the use table in Chapter 16.16.

B.

Application Procedures.

1.

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

2.

Applications for special use permits shall be filed with the planning and zoning director on a form available from the director and shall, at a minimum, include the application requirements of Sections 16.12.040(C) and 16.12.050.

3.

Application Fees. Application fees shall be established by the mayor and council and shall not be refunded once submitted.

4.

Applications for special use permits may also include variance requests. In such cases, the mayor and council shall assume all powers and duties otherwise exercised by the board of appeals and adjustments pursuant to Section 16.12.170.

C.

Staff Analysis, Findings of Fact, and Recommendations.

1.

The planning and zoning department shall conduct a site inspection and shall prepare an analysis of each application for special use permit and shall present its findings and recommendations in written form to the planning commission.

2.

Staff recommendations on each application for special use permit shall be based on the criteria contained in subsection I of this section and in addition, as applicable to the use proposed, to the applicable regulations contained in Chapters 16.16 and 16.24.

3.

Initiation of Ordinance. Prior to action by the mayor and council, the planning and zoning department shall prepare a proposed ordinance to effect the proposed special use permit.

D.

Public Hearings Required. Before deciding on any special use permit pursuant to the requirements set forth in this section, the planning commission and the mayor and council shall provide for public notice and a public hearing thereon pursuant to the requirements of this section and Section 16.12.070(A).

E.

Notice. Notice of any proposed application for a special use permit shall be provided as is required in Sections 16.12.070(B)(1), (B)(2) and (B)(3) of this chapter and shall, in addition to the information required in Section 16.12.070(B)(2), indicate the type of special use requested for the subject property.

F.

Action by the Planning Commission.

1.

The secretary shall provide the members of the planning commission complete information on each proposed application for special use permit which the planning commission considers including a copy of the application and all supporting materials, all communications and other writings either in support of or in opposition to the application, and the written report and recommendation of the planning and zoning department, applying the required criteria in subsection I of this section as well as the regulations of Chapters 16.16 and 16.24, where applicable, to each application.

2.

After public notice as required in subsection E, the planning commission shall conduct a public hearing in a manner consistent with Section 16.12.080 of this chapter. Prior to initiating a motion regarding its recommendation to the mayor and council, the planning commission shall review and consider each of the criteria contained in subsection I of this section, and the regulations contained in Chapters 16.16 and 16.24, as applicable to the proposed use.

3.

The planning commission recommendation on each application shall be based on a determination as to whether or not the applicant has met the criteria contained in subsection I of this section, the regulations contained in Chapters 16.16 and 16.24, as applicable to the use proposed use, and the requirements of the comprehensive plan and zoning district in which such use is proposed to be located.

4.

The planning commission may recommend the imposition of conditions based upon the facts in a particular case in accordance with Section 16.12.130.

5.

The planning commission may recommend approval of the application, approval of the application with conditions, approval of the application for a lesser area, extent or intensity, or denial of the application. Failure of a motion to achieve a majority vote on such decision shall result in no recommendation to the mayor and council on the matter.

G.

Action by the Mayor and Council.

1.

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

2.

After public notice as required in subsection E of this section, the mayor and council shall conduct a public hearing in a manner consistent with Section 16.12.080 of this chapter. Prior to initiating a motion, the mayor and council shall review and consider each of the criteria contained in subsection I of this section, and the regulations contained in Chapters 16.16 and 16.24, as applicable to the proposed use.

3.

The mayor and council, after conducting the public hearing with public notice required by this section, shall take one of the following actions:

a.

Vote to approve the application.

b.

Vote to approve the application with conditions.

c.

Vote to approve the application for a lesser area, extent or intensity.

d.

Vote to deny the application.

e.

Vote to defer the application to its next regular meeting or special called meeting.

f.

Vote to refer the matter back to the planning commission for another public hearing. Such hearings following referrals shall be re-advertised in accordance with Section 16.12.070.

4.

The decision of the mayor and council on each application for special use permit shall be based on a discretionary determination as to whether or not the applicant has met the criteria contained in subsection I of this section, the use standards contained in Chapters 16.16 and 16.24, where applicable to the use proposed, the consistency of the application with the comprehensive plan, and the requirements of the zoning district in which such use is proposed to be located.

H.

Time Limits of Special Use Permits.

1.

The mayor and council shall specify limits, if any, of the duration of each such special use permit which is approved.

2.

Subject to any limit in duration, the special use permit shall become an integral part of the zoning applied to the subject property and shall be extended to all subsequent owners and interpreted and continually enforced by the planning and zoning department in the same manner as any other provision of the zoning ordinance, subject to the limitations provided in subsections K, L and M of this section.

I.

Special Use Permit Criteria. The following criteria shall be applied by the planning and zoning director, the planning commission, and the mayor and council in evaluating and deciding any application for a special use permit. These criteria shall be in addition to any applicable use standards set forth in Chapters 16.16 and 16.24. Printed copies of these standards shall be available for distribution to the general public. No application for a special use permit shall be granted by the mayor and council unless satisfactory provisions and arrangements have been made concerning each of the following criteria, all of which are applicable to each application:

1.

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

2.

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

3.

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

4.

Consistency with the county's wastewater treatment system, including the feasibility and impacts of serving the property with public wastewater treatment service and, if an alternative wastewater treatment method is proposed, whether such wastewater treatment method will have a detrimental impact on the environment;

5.

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

6.

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

7.

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

8.

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

J.

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.

K.

Expiration of a Special Use Permit. Unless a building permit or other required approvals is secured within twelve (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 mayor and council in accordance with subsection L of this section.

L.

Time Extension of a Special Use Permit. The time limitations imposed on special use permits by subsection K and expiration date established pursuant to subsection M of this section may be extended by the mayor and council not more than once, and not for more than twelve (12) months, upon written request by the applicant and approval of the mayor and council.

M.

Limitations on Approvals for Special Use Permits. A special use permit 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 twelve (12) months.

N.

Modifications to a Special Use Permit. Changes to an approved special use permit, other than time extensions provided under subsection L of this section and minor modifications of final conditions under Section 16.12.130(D), shall be subject to the same application, review and approval process as a new application, including the payment of relevant fees.

(Ord. dated 6/30/08 (part); Ord. dated 2/7/22, § 1; Ord. dated 2/7/22, § 2)

A.

The planning and zoning director shall have the authority to grant limited minor administrative variances from certain provisions of this zoning ordinance, where the planning and zoning director determines that:

1.

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

2.

The intent and continued integrity of the zoning ordinance can be achieved with equal performance and protection of public interests through grant of the administrative variance.

B.

All applications for administrative variances shall be submitted to the planning and zoning director on forms approved by the director. The authority to grant such administrative variances shall be limited to variance from the following requirements:

1.

Front yard or yard adjacent to public street—variance not to exceed ten (10) percent of the footage deducted from the required setback.

2.

Side yard—variance not to exceed three feet deducted from the required setback.

3.

Rear yard—variance not to exceed five feet deducted from the required setback. In the NR1, a variance not to exceed one hundred twenty (120) square feet rear addition to the principal building; provided, however, that no addition shall be located within thirty (30) feet of the rear property line.

4.

Front yards—variance not to exceed five feet from the required setback.

5.

Height of building—variance not to exceed five feet of the minimum or maximum allowable height.

6.

Discontinuous building massing—variance not to exceed twenty percent.

7.

Variation in building silhouettes—variance not to exceed five feet.

8.

Building step backs—variance not to exceed ten (10) percent.

9.

Storefront requirements—variance not to exceed twenty (20) percent.

10.

Landscape zone—variance not to exceed two feet deducted from the required minimum width.

11.

Street tree spacing—variance not to exceed five feet.

12.

Sidewalks clear zone—variance not to exceed two feet.

13.

Outdoor dining encroachment—variance not to exceed two feet.

14.

Open space calculations—variance not to exceed ten (10) percent.

15.

Block dimensions—variance not to exceed ten (10) percent.

C.

The planning and zoning director shall make an "administrative variance decision" for the application. For purposes of this chapter the term "administrative variance decision" means final action by the planning and zoning director which results in an administrative variance approval or an administrative variance denial.

D.

The decision of the planning and zoning director regarding an administrative variance decision shall be considered the "final decision." Said final decision shall be made no later than forty-five (45) days following filing of a complete application, unless extended by agreement of the applicant.

E.

Appeals from a final decision on an administrative variance by an aggrieved party shall follow the appeals procedure of Section 16.12.180(A).

(Ord. dated 6/30/08 (part))

A.

Creation and Membership. There is created a board of appeals and adjustments for the city, the official name of this board to be the "Covington board of appeals and adjustments." The board of appeals and adjustments shall be composed of no fewer than five nor more than nine members, all of whom shall be residents of the city and appointed by the mayor and council. The members shall serve three-year staggered terms without compensation. Original appointments may be made for a lesser number of years, so that the terms of said members may be staggered. Any vacancy in the membership shall be filled for the unexpired term by the mayor and council. None of the members shall hold any other public office in the city, except that one member may be also a member of the planning commission. Any member of the board may be removed by the mayor and council for cause, upon written notice of such charge and after public hearing. The members of the board shall serve without compensation.

B.

Organization, Rules, Officers. The board of appeals and adjustments shall elect one of its members as chairman, who shall serve for one year or until he is reelected or his successor is elected. The board of appeals and adjustments shall appoint a secretary who may be an officer or employee of the city or of the planning commission. The board shall adopt rules, consistent with the provisions of this chapter, for the transaction of its business. Meetings of the board shall be held at the call of the chairman and at such other times as the board may determine. The chairman, or in his absence the acting chairman, may administer oaths and compel the attendance of witnesses by subpoena. The board shall keep accurate and complete minutes of its proceedings, showing the vote of each member upon each question, or if any member should be absent or fail to vote on any question, the minutes shall record such fact; and the board shall also keep records of its examinations and findings and other official actions, all of which shall be immediately filed in the office of the board and shall be a public record.

C.

Powers. The board of appeals and adjustments shall have the powers to hear and decide variances pursuant to Section 16.12.170 and to hear and decide appeals pursuant to Section 16.12.180(A).

(Ord. dated 6/30/08 (part))

The board of appeals and adjustments may authorize, upon proper application in specific cases, variance from the terms of this zoning ordinance. Request for variance applications shall be filed with the planning and zoning director. All filed applications shall be reviewed by the planning and zoning director and shall provide a written recommendation to the board of appeals and adjustments prior to a final decision.

A.

General Standards for Application and Approval.

1.

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

2.

Application Methods. Applications for variances shall include the materials set forth in Section 16.12.040(A)(1) through (A)(6). In addition, a statement showing compliance with each of the standards set forth in subsection (A)(3) below shall be provided.

3.

Criteria. The board of appeals and adjustments may authorize variances from the terms of this zoning ordinance only upon making all of the following findings:

a.

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

b.

The application of this zoning ordinance to the particular piece of property would create an unnecessary hardship;

c.

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

d.

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

e.

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

B.

Board of Appeals and Adjustments Hearings.

1.

Before deciding a variance application in accordance with this zoning ordinance, the board of appeals and adjustments shall provide for a hearing on the proposed action in accordance with the procedures set forth in Section 16.12.080(A), except that the board of appeals and adjustments shall act upon the variance in accordance with this subsection.

2.

The provisions regarding public notice set forth in subsections 16.12.070(B)(1) and (B)(2) regarding publication, sign postings, and written notice shall apply to variance applications, except notice of such hearing shall be provided at least thirty (30) days prior to the hearing and with additional notice being mailed to the owner of the property that is the subject of the variance application.

3.

The board of appeals and adjustments shall make a "variance decision" for each application based upon a determination of the facts and application of the criteria in subsection (A)(3) above. For purposes of this chapter the term "variance decision" means final action by the board of appeals and adjustments which results in a variance approval or a variance denial.

4.

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

5.

The board of appeals and adjustments may impose conditions as it deems necessary in a particular case to protect the public interest and mitigate impacts of the variance upon surrounding properties as part of a variance decision, thereby approving the variance as conditional.

6.

An application may be withdrawn by the applicant prior to the variance decision. Fees shall not be refunded.

7.

Appeals of a variance decision of the board of appeals and adjustments by an aggrieved party to the superior court shall be authorized and shall follow the appeal provisions in Section 16.12.180(B).

(Ord. dated 6/30/08 (part); Ord. dated 1/17/23, §§ 1, 2)

A.

Appeal to the Board of Appeals and Adjustments.

1.

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

2.

An appeal stays all legal proceedings in furtherance of the action appealed from unless the official from whom the appeal is taken certifies to the board of 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 case, proceedings shall be stayed only by a restraining order granted by the Superior Court of Newton County on notice to the officer from whom the appeal is taken and on due cause shown.

3.

The board of appeals and adjustments shall fix a reasonable time for the hearing of the appeal and provide thirty (30) days' notice thereof as well as written notice to the parties in interest, including notice being mailed to the owner of the property that is the subject of the appeal. Any party may appear at the hearing in person, by an agent or by an attorney. The chair of the board of appeals and adjustments shall request that the appeal be identified and read. Following such identification and reading, the chair shall cause the action being appealed to be identified and read. The aggrieved party shall then be allowed a total of ten (10) minutes for presentation of data, evidence and opinion concerning the appeal. If all ten (10) minutes are not used, the aggrieved party's remaining time may be reserved for rebuttal. The acting party and those in opposition to the appeal shall then be allowed a total of ten (10) minutes for presentation of data, evidence and opinion concerning the order, requirement, decision or determination. The presentation times may not be reduced but may be extended by majority vote of the board of appeals and adjustments, provided they are expanded equally for the aggrieved party and the acting party.

4.

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

B.

Appealing a final decision of the board of appeals and adjustments. Any person aggrieved by a final decision of the board of appeals and adjustments, or any officer or department of the city, affected by such decision, may appeal from such decision pursuant to Georgia state law.

(Ord. dated 6/30/08 (part); Ord. dated 1/17/23, § 3)

A.

A special event is any temporary amusement, recreational, entertainment, educational or other community interest activity or gathering on private or public property to which the general public is invited, with or without payment of an admission fee, that will affect the ordinary use of sidewalks, public streets, rights-of-way, or will involve the sale, service or consumption of alcoholic beverages where it is not normally permitted.

By way of example, and without limiting the generality of the foregoing, special events shall include art shows, carnivals, races, parades, festivals, concerts, block parties, and other special events of community interest. Social gatherings on private property that do not impact city streets other than lawful parking are not considered special events.

In order to facilitate special event permits, the community/tourism and downtown development department shall act as the designee for the planning and development department and director for events within the city limits.

Special events shall meet the following regulations:

1.

All applications for a special event permit shall be filed with the director of the community development/tourism and downtown development department on forms provided by the community development/tourism and downtown development department.

2.

All applications for a special event permit, including permits for events requiring security services or road closures, shall be submitted no fewer than thirty (30) days prior to the first day of the proposed special event.

3.

All applications requesting to serve alcohol at the proposed special event shall file with the planning and development department no fewer than thirty (30) days prior to the first day of the proposed special event and must meet all local and state requirements prior to the issuance of any required alcohol permit.

4.

Applicants shall provide additional resources and information to city staff as reasonably required by staff to inform decisions on special event permit applications, including but not limited to: sanitation plans, a list of vendors and service providers, promotional materials, proof of insurance, and event/route maps.

5.

The director of the community development/tourism and downtown development department or their designee shall have the authority to grant a special event permit upon a determination that the special event permit, if granted, would not cause substantial detriment to the public good, would not negatively affect the safety and welfare of pedestrian and vehicular traffic, nor impair the purposes or intent of this zoning ordinance. The director shall have up to thirty (30) days make a decision on the issuance of the permit from the submission of a completed application.

6.

Appeals from a decision of a denial to a special event permit shall be as provided in subsection 16.12.180(A).

B.

Any event, whether a public event or private, that will occur on property owned or leased by the city shall complete the same regulations as set forth in subsection A of this section.

(Ord. dated 7/6/16(2), § 1; Ord. dated 4/1/24, § 1)