Cumming City Zoning Code

    The requirement for the submittal of site plans shall apply to any proposed development of property, except for the construction of single- family and two-family homes on existing platted lots, and the subdivision of land in accordance with the City’s subdivision ordinance.

   1.   Statement of Intent. To assure that commercial, industrial, multiple family residential, and special uses in the City of Cumming are developed and accomplished in a manner conforming to the requirements, standards, and regulations of these ordinances, a detailed site plan shall be submitted showing the proposed use and development of all commercial, industrial, multi-family residential and special exceptions for approval by the City Council after review and recommendation by the Planning and Zoning Commission.

   2.   Submittal and Review Procedure. Whenever any person, firm, corporation or other entity wishes to build or construct any use or special exceptions in any zoning district upon any tract, lot, or parcel of land within the City of Cumming, except one- or two-family dwellings on platted lots or buildings within existing farmsteads, a site plan shall be submitted for approval by the City Council after review and recommendation by the Planning and Zoning Commission. The following procedure shall be followed as part of the site plan review process.

      A.   All site plans shall be submitted to the Zoning Administrator and shall be drawn at a scale not less than one inch equals 100 feet. Seven full-scale copies and two 8½ by 11-inch reduced copies of the site plan shall be submitted with a Zoning certificate application. Prior to an official submittal of a site plan for review by the Commission, the developer may submit a concept plan for initial review by the Zoning Administrator for comment.

      B.   The Zoning Administrator shall refer a copy of the site plan to pertinent City departments for their review and comment regarding the site plan's compliance with the ordinances of the City, its effects upon the City’s municipal utilities, public street system and conformance to this Zoning Ordinance and all other ordinances of the City.

      C.   The Zoning Administrator shall also forward an 8½ by 11-inch copy of the site plan to each member of the Commission. The Commission shall, after receiving a report from the Zoning Administrator review the site plan for conformity with the regulations and design standards contained in this chapter, and may confer with the developer on changes deemed advisable in such site plan.

      D.   The Commission shall review fully completed site plan applications within 45 days of the date of submission, and shall forward its recommendation either for approval or disapproval of the site plan to the City Council within 45 days of the date of action by the Commission.

      E.   The Commission may, in its discretion, hold a public hearing on the site plan of the proposed development and prescribe the notice thereof and to whom such notice shall be given.

      F.   The Council shall, upon receipt of the recommendation of the Commission, either approve or disapprove the site plan of the proposed development within 30 days.

      G.   No building permit for any structure within any district which a site plan is required shall be issued until the site plan has been approved as provided herein.

      H.   Upon final action by the Commission on any site plan, a copy of said site plan with any required corrections, modifications, or changes in accordance with the action of the Commission noted thereon and signed by the Zoning Administrator, shall be filed with the City Clerk.

      I.   If the Zoning Administrator finds that any construction or proposed construction of a development on a tract of land for which a site plan has been approved does not substantially comply with the site plan as approved, they shall suspend all building permits for the development and order all construction stopped until such time as the owner of the project, or his successors in interest, shall have provided him with proof satisfactory to him that the site plan will be complied with. The Zoning Administrator or City building official shall not issue a certificate of occupancy for any structure within the development while the building permit for the development has been suspended pursuant to this paragraph or site improvements have not been completed in accordance with the approved site plan. Any person aggrieved by any decision or action of the Zoning Administrator under this paragraph may appeal such action or decision to the Council.