The Governing Body may from time to time amend the number, shape, boundary or area of any district, or may amend any regulation pertaining to any district; or may amend any Article or Section of these regulations. The procedure for amending these regulations shall be as provided in this Article.

(Ord. No. 91-9(Amd. 21), 9-6-2016)

A petition to amend the text of these zoning regulations or the official zoning map may be initiated by the Governing Body, the Planning Commission, or any person, firm, corporation or agency that owns property involved in a petition for amendment, subject to the provisions established herein.

(Ord. No. 91-9(Amd. 21), 9-6-2016)

The Governing Body or the Planning Commission may at any time file, in its own name, an application for amendment to the text of the zoning regulations or the official zoning map.

If the zoning decision of the Governing Body is for the rezoning of property and the amendment to the zoning ordinance to accomplish the rezoning is defeated by the Governing Body, then the same property may not again be considered for rezoning until the expiration of at least six months immediately following the defeat of the rezoning by the Governing Body.

A property owner or subsequent property owner shall not initiate action for a map amendment, conditional use permit, or variance affecting the same or any portion of property more often than once every six (6) months from the date of any previous decision rendered by the Governing Body defeating a request provided, however, that a property owner may petition for the alteration, modification or deletion of conditions of zoning in accordance with the provisions of this Article.

Prior to the filing of a rezoning or variance application, the owner or his/her representative is required to schedule a Pre-Application Conference with the Zoning Administrative Officer to review applicable regulations that apply to the proposal and to discuss potential issues. The date of the pre-application meeting shall be noted on the application for rezoning or special use.

(Ord. No. 91-9(Amd. 21), 9-6-2016; Ord. No. 2023-05, § I, 6-5-2024)

Any petition for an amendment to the zoning regulations, official zoning map, conditional use approval, or variance may be withdrawn, at the discretion of the person or agency initiating such a request, at any time prior to final action by the Governing Body upon written notice to the Zoning Administrative Officer. Any required application fees shall be refunded to the applicant only if such application has not been prepared and submitted for advertisement as determined by the Zoning Administrative Officer.

(Ord. No. 91-9(Amd. 21), 9-6-2016)

Application materials specified in this section shall be required for the following petitions: amendments to the official zoning map, alterations or extensions of conditional zoning, conditional use permits, development plan approvals within the Planned Unit Development (PUD) District, Mobile Home Park (MHP) District, applications for condominium site plan approval, variances or appeals to the Board of Zoning Appeals:

1.

An application form furnished by the Zoning Administrative Officer; and

2.

A legal description of the property to be considered in the application. The legal description shall be by metes and bounds unless an alternative legal description is accepted by the Zoning Administrative Officer. Boundary surveys of the property should be submitted with the application whenever available; and

3.

A letter of intent which describes general characteristics of the proposed development such as type and time frame of development, background information in support of such application, and any other information deemed pertinent by the applicant. For variance applications, the letter of intent shall address the criteria specified in Section 2406. of these regulations. For zoning map amendment applications, the letter of intent shall address the standards specified in Section 2607. of these regulations. For conditional use permit applications, the letter of intent shall address the standards specified in Section 2608. of these regulations. For PUD applications the letter of intent shall take the form of a development plan summary report which shall also address the items enumerated in Section 1303.

4.

A site plan with all information specified in Section 2606. except that zoning map amendment applications for R-1 zoning shall not require a site plan. Unless otherwise noted in the approval, the site plan submitted in support of an approved application shall be considered a part of the approval and must be followed.

5.

A fee for said application as established by the Governing Body from time to time.

6.

Applications for conditional use permits to exceed the height limitations, applications for conditional signs, and applications for Certificates of Appropriateness shall also require architectural elevations of all proposed structures and buildings requested for approval.

7.

Applications which require action by the Governing Body shall also require disclosure of any conflicts of interest as specified in Chapter 67A of the Georgia Code, "Conflict of Interest in Zoning Actions."

Applicants shall submit fifteen (15) copies of any required site plans, development plans, elevation drawings and letters of intent to the Zoning Administrative Officer for distribution to the applicable bodies and/or review agencies. The Zoning Administrative Officer may require more or less copies depending on the nature and extent of required review.

(Ord. No. 91-9(Amd. 21), 9-6-2016)

All site plans required by this Article shall, at a minimum, contain the following information:

1.

Title of the proposed development and the name, address and telephone number of the property owner.

2.

The name, address and telephone number of the architect, engineer or other designer of the proposed development.

3.

Scale, date, north arrow, and general location map showing relationship of the site to streets or natural landmarks.

4.

Boundaries of the subject property, all existing and proposed streets, including right-of-way and street pavement widths; buildings; water courses; parking and loading areas; and other physical characteristics of the property and proposed development.

5.

Building setbacks, buffers, landscape strips, and tree protection zone.

(Ord. No. 91-9(Amd. 21), 9-6-2016)

Procedures must be complete when annexation and zoning are considered together.

In exercising the zoning powers granted to the Mayor and City Council by State Law, the City Council shall apply the following standards in making zoning decisions, weighing each standard to the extent appropriate or relevant to each zoning decision:

a)

Standards for consideration of rezonings:

(1)

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

(2)

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

(3)

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

(4)

Whether the zoning proposal is consistent with the Comprehensive Plan, transportation plans, or other plans adopted for guiding development within the City of Dahlonega.

(5)

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

b)

Standards for considering the adoption of a text amendment to Ordinance 91-9 Amended or other "zoning" ordinances:

(1)

Is the proposal consistent with the purpose and intent of the ordinance or regulation under consideration?

(2)

Does the proposal further or is it compatible with the purpose and intent of the Comprehensive Plan?

(3)

Is the proposal required to adequately address new or changing conditions or to properly implement the Comprehensive Plan?

(4)

Does the proposal reasonably promote the public health, safety, morality or general welfare?

c)

Public notice and public hearing requirement procedures must be complete prior to annexation final vote.

(1)

The procedures required by these regulations for zoning must be complete except for the final vote of the municipal governing authority, prior to 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 Code Section 36-36-6;

(2)

The public hearing(s) required by these regulations shall be conducted prior to the annexation of the subject property into the municipality;

(3)

In addition to the other notice requirements of these regulations, the municipality 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 (and signage) as required under other provisions of these regulations.

(4)

The zoning classification approved by the municipality following the hearing required by this Code section shall become effective on the later of:

(A)

The date the zoning is approved by the municipality;

(B)

The date that the annexation becomes effective pursuant to Code Section 36-36-2; or

(C)

Where a county has interposed an objection pursuant to Code Section 36-33-11, the date provided for in paragraph (8) of subsection (c) of said Code section.

(Ord. No. 91-9(Amd. 21), 9-6-2016; Ord. No. 2023-05, § II, 6-5-2024)

The applicant, staff, Planning Commission and Governing Body should review applications for conditional uses with regard to the following criteria:

1.

Off-street parking and loading facilities are adequate in terms of location, amount and design to serve the use.

2.

The number, size and type of signs proposed are compatible with the surrounding area.

3.

The amount and location of open space and the provision of screening is such that buffering of incompatible uses is achieved.

4.

Ingress and egress to the property is suitable and safe, and the effect of the proposed activity on traffic flow along adjoining streets is not adverse.

5.

The location and intensity of outdoor lighting is such that it does not cast light on adjacent, adjoining or neighboring properties.

6.

Hours and manner of operation of the proposed use are not inconsistent with adjacent and nearby uses.

7.

Public facilities and utilities are capable of adequately serving the proposed use.

8.

The proposed use will not have a significant adverse effect on the level of property values or the general character of adjacent land uses or the general area.

9.

The physical conditions of the site, including size, shape, topography and drainage, are suitable for the proposed development.

10.

The proposed use is consistent with the goals and objectives of the Comprehensive Plan of the City of Dahlonega.

The staff, Planning Commission and Governing Body may consider other factors deemed relevant before formulating recommendations and taking action on a particular conditional use application.

(Ord. No. 91-9(Amd. 21), 9-6-2016)

This section shall apply to all applications for amendments to the text of the zoning regulations, amendments to the official zoning map, petitions for variances and appeals to the Board of Zoning Appeals, requests for conditional use approval, requests for alteration or extension of conditional zoning, applications for site plan approval in the MHP District, and petitions for development approval for property within the PUD, Planned Unit Development District, and applications for condominium site plan approval.

Prior to making any zoning decision, the City Council shall conduct a Public hearing. The public hearing shall be called and a public notice provided in accordance with the provisions of Ordinance 91-9 as amended and in accordance with the provisions of O.C.G.A. § 36-66-4. Public Hearing Notice, as follows:

a)

A notice of time and place of the hearing shall be published at least 30 Days, but not more than 45 days, prior to said Public hearing in the official legal organ of the City of Dahlonega or another newspaper of general circulation within the territorial boundaries of the city. The notice shall state the time, place and purpose of the hearing in accordance with O.C.G.A. § 36-66-4. If the proposed amendment is a rezoning of property, variance, conditional or special use initiated by a party other than the City Council, then:

1)

The published notice, in addition to the foregoing, shall include the name of the applicant, the address and location of the property, the present zoning classification of the property, and the proposed zoning classification of the property or proposed variance sought; and

2)

A sign or signs containing that same information shall be placed on the property by the City not less than 15 days, prior to the date of the hearing. The sign or signs shall be placed in a conspicuous location on the property frontage in such manner as to be legible from the public road. On lots with more than one road frontage, a sign will be placed facing each Public road. If the property has no road frontage, a sign shall be placed at a location on each road where access will be gained to the property.

All required public hearings shall be held by the Governing Body, and no action shall be taken on said applications until a public hearing has been held by the Governing Body.

Public hearings regarding variances and appeals shall be held by the Board of Zoning Appeals, and no action shall be taken on said applications until a public hearing has been held by the Board of Zoning Appeals. The public hearing shall be called, and a public notice provided in accordance with the provisions of O.C.G.A. § 36-66-4(g). Public Hearing Notice, as follows: Notice of such hearing shall be provided at least 30 days nor more than 45 days prior to the quasi-judicial hearing, with such notice being made as provided for in these regulations and with additional notice being mailed at least thirty days prior to the hearing to the owner of the property that is the subject of the proposed action.

Public hearings may be delayed, rescheduled or continued to another time and date, provided announcement is given at the time and place of the initially scheduled and advertised public hearing, and provided such date, time and location of the public hearing to be delayed, rescheduled or continued is given. If the applicant of a petition before the Planning Commission or Governing Body fails to attend the public hearing, then the Planning commission or Governing Body may require re-advertisement of the subject petition at the expense of the applicant. If there is no quorum of the Planning Commission or Governing Body at the scheduled public hearing, then the public hearing(s) shall be rescheduled and re-advertised at the City of Dahlonega's expense.

Where the proposed action includes any combination of zoning decisions under these regulations for the same property, only one hearing shall be required under this Code Section. At least 30 days nor more than 45 days prior to the date of the hearing, the local government shall cause to be published within a newspaper of general circulation within the territorial boundaries of the local government a notice of the hearing. The notice shall state the time, place, and purpose of the hearing.

(Ord. No. 91-9(Amd. 21), 9-6-2016; Ord. No. 2023-05, § III, 6-5-2024)

The Zoning Administrative Officer will, as appropriate, customarily submit to the recommending and/or decision making body, prior to a scheduled public hearing, copies of the site plan and letter of intent along with a written recommendation for approval, disapproval, deferral, withdrawal or other recommendation. Said recommendation shall include reasons for said recommendations, considered within the context of the appropriate criteria as specified by these regulations. The recommendations of the Zoning Administrative Officer shall have an advisory effect only and shall not be binding on the Governing Body. Copies of the Zoning Administrative Officer's recommendations shall be made available to the applicant and other interested parties upon completion and distribution to the appropriate bodies and at the public hearing. Following the Planning Commission's public hearing, as Secretary to the Planning Commission, the Zoning Administrative Officer shall prepare and submit the Planning Commission's recommendations to the City Council prior to the City Council's public hearing.

(Ord. No. 91-9(Amd. 21), 9-6-2016; Ord. No. 2023-05, § IV, 6-5-2024)

Prior to the hearing held by the Governing Body, the Planning Commission shall hold a public hearing on all applications for amendment to the text of the zoning regulations, amendments to the official zoning map, conditional use permit applications, petitions for alteration or extension of conditional zoning, requests for development plan approval within the PUD, Planned Unit Development District, request for site plan approval in the MHP, Mobile Home Park District, requests for condominium site plan approval and variances for properties located in all zoning districts.

After completing its studies of the particular petition, the Planning Commission shall submit a recommended action in writing to the Governing Body. The Planning Commission 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. Copies of the Planning Commission's recommendations and reports shall be made available to the applicant and other interested parties upon completion and distribution to the Governing Body and at the public hearing before the Governing Body.

The Planning Commission shall have thirty days within which to submit its recommendations. The Governing Body shall not take action on any of said applications, until it has received the recommendation of the Planning Commission within the specified time period. If the Planning Commission fails to submit a recommendation with the thirty (30) day period, it shall be deemed to have approved the proposed application.

The requirements set forth elsewhere herein for public notice and hearing before the Governing Body shall be required for the public hearing required before the Planning Commission.

(Ord. No. 91-9(Amd. 21), 9-6-2016; Ord. No. 2023-05, § V, 6-5-2024)

All public hearings regarding applications considered by the Board of Zoning Appeals, Planning Commission, and Governing Body shall be held in accordance with any procedures adopted by said body and, in addition, shall be governed by the following procedure:

1.

As a preliminary matter, the applicant and any opponents to the zoning decision shall acquaint themselves with the provisions of Section 3 of the Conflict of Interest in Zoning Actions Law, O.C.G.A. § 36-67A regarding disclosure of campaign contributions and shall comply with the provisions of that statute.

2.

The presiding officer (as used herein the presiding officer shall mean the chair of the body or the City Attorney) shall open the hearing by stating the specific application being considered at the public hearing. At this time the presiding officer may summarize the public hearing procedures. The applicant may, upon recognition and upon statement of name and address, present and explain his application. The applicant shall be provided a full opportunity to be heard and may present any evidence, information or materials which the applicant desires for the body to consider in arriving at its determination. The applicant, or his designated agent, shall be required to attend the public hearing unless written notice of hardship is received prior to such meeting. Failure of the applicant or agent to attend the public hearing or meeting, except in cases of hardship, may be due cause for dismissal or denial of such application. A time limitation may be imposed at the discretion of the presiding officer, but in no event shall such time limitation provide for less than ten minutes, nor shall it be any less than the time allowed for those persons speaking in opposition to the application.

3.

Persons who oppose the application will be asked to comment next. All interested parties after being recognized shall be afforded an opportunity to address the proposed application by standing before the appropriate body and identifying their name and address along with any comments on the proposed application. A time limitation may be imposed at the discretion of the presiding officer, but in no event shall such time limitation provide for less than ten minutes, nor shall it be any less than the time allowed for those persons speaking in favor of the application. Public comments will be accepted and individuals making public comments may present any evidence, information and/or materials that the individual desires for the body to consider in arriving at its determination.

4.

All comments shall be directed to the body and shall be made in an orderly manner.

5.

The applicant shall then have an opportunity for summary remarks and rebuttal concerning the proposed application.

6.

Upon the completion of any comments from interested parties and the summary by the applicant, the public hearing shall be completed and adjourned.

7.

A member of the City staff will then briefly summarize the requested application and staff shall respond to any questions from the body regarding the staff recommendation related to the proposed application, any applicable background material, and the recommendations and reports of the Planning Commission if appropriate. All public comments having been heard, the members of the body considering the application may discuss the request among themselves. During this discussion period, the members of the body may call on the applicant or other interested parties to clarify points made previously or to answer questions. Said applicant or interested parties may respond upon recognition.

8.

The Mayor and Council will then take the matter under consideration for voting but may ask questions of the Staff, Consultants, Applicant or other persons in attendance during the voting process.

(Ord. No. 91-9(Amd. 21), 9-6-2016)

After completion of the public hearing, if so required by these regulations, the Governing Body may take action to approve or deny the request, refer the application back to the Zoning Administrative Officer, or Planning Commission for further study, or the Governing Body may table or defer action until a later meeting. The Board of Zoning Appeals, after the public hearing has been completed, may take action to approve or deny the request, or defer action until a later meeting.

(Ord. No. 91-9(Amd. 21), 9-6-2016)

The Zoning Administrative Officer and Planning Commission may recommend, and the Governing Body may approve, applications for zoning map amendments, conditional use permits, applications for development approval within the PUD, Planned Unit Development District, and application for condominium site plan approval, subject to certain conditions, provided that said conditions are set forth in the ordinance regarding approval of such application. Said conditions of approval may reduce the number or type of permitted uses, limit the nature or scope of permitted uses, restrict certain activities on the property, restrict the number and kind of improvements which can be made on the property, stipulate specific acts which the property owner will perform, or any other conditions directly related to the physical use of land and which are designed to render the proposed zoning or use compatible with nearby properties. Applications for alteration or extension of conditional zoning shall be made in accordance with the requirements of this Article.

(Ord. No. 91-9(Amd. 21), 9-6-2016)

If, after twenty-four (24) months from the date the Governing Body approves a map amendment or conditional use permit, action has not been taken to utilize the property, pursuant to such conditions, such as securing a development permit, the approval shall expire. The Governing Body shall, by official action, cause the conditional use approval to expire or the zoning district to revert to the district classification assigned to the property immediately prior to the approval.

The Zoning Administrative Officer shall notify all property owners in question of pending action to rescind or revoke approvals, and such notice shall be by certified mail, dated at least fifteen (15) days prior to the date of the Governing Body's scheduled meeting, and directed to the owner's address as it appears on the tax rolls of the Governing Body.

Prior to notification by the Zoning Administrative Officer of any reversion of approval, the owner of the property in question may petition the Governing Body for a modification or extension of zoning or conditional use approval. Any such extension shall be valid for twenty-four (24) months from the date of approval. Only one (1) such extension shall be permitted.

(Ord. No. 91-9(Amd. 21), 9-6-2016)

Applications for amendments to the text of the zoning regulations, zoning map amendments, alterations or extensions of conditional zoning, conditional use permits, development within the PUD, Planned Unit Development District, and MHP, Mobile Home Park District, and condominium site plans require approval by the Governing Body before development may be initiated or before such application is made effective. Applications for variances and appeals shall require approval by the Board of Zoning Appeals before development may be initiated or before such application is made effective. Applications for variances and appeals shall require approval by the Board of Zoning Appeals before development may be initiated or before such application is made effective. Applications for Certificates of Appropriateness require review and approval by the Preservation Commission before development, demolition or alteration may be initiated or before such application is made effective.

(Ord. No. 91-9(Amd. 21), 9-6-2016)

The date of all approved amendments to the text of the zoning ordinance shall be indicated on the title/cover page of the text, and any sections within the zoning ordinance text hereafter amended or repealed shall be so indicated in text and concurring footnote providing the date such amendment was approved. All such text amendments shall be incorporated within the text without unreasonable delay.

(Ord. No. 91-9(Amd. 21), 9-6-2016)

Rezoning changes/zoning map amendments shall be entered onto the Official Zoning Map is accordance with Section 402. In addition, all conditional use approvals, variances, site plan approvals and Certificates of Appropriateness shall also be indicated on said Official Zoning Map, with an abbreviation of application type and number (i.e. CU, Z, V, CA, SP) (e.g., 2-90-01). Such entries shall be made on the Official Zoning Map without unreasonable delay.

(Ord. No. 91-9(Amd. 21), 9-6-2016)

"Zoning Decisions" means final legislative action by a local government which results in:

(A)

The adoption or repeal of a zoning ordinance;

(B)

The adoption of an amendment to a zoning ordinance which changes the text of the zoning ordinance;

(C)

The adoption or denial of an amendment to a zoning ordinance to rezone property from one zoning classification to another;

(D)

The adoption or denial of an amendment to a zoning ordinance by a municipal local government to zone property to be annexed into the municipality;

(E)

The grant or denial of a permit relating to a special use of property (including a conditional use);

(F)

The grant or denial of a variance or conditions concurrent and in conjunction with a decision pursuant to subparagraphs (C) or (E) of this paragraph.

All such challenges or appeals as to decisions of the City Council shall be brought within 30 days of the written decision of the challenged or appealed action. Specifically as to decisions of the Board of Zoning Appeals or other quasi-judicial decisions, the decision is a final decision and any appeal of such a decision shall be pursued by petition for review filed with the Lumpkin County Superior Court within 30 days of the date of the decision. The City Clerk shall serve as the officer to receive the petition or service of appeal on behalf of the Governing Body or Board of Zoning Appeals, in accordance with O.C.G.A. § 36-66-5.1.

(Ord. No. 2023-05, § VI, 6-5-2024)

The city officer who shall have the authority, without additional board or agency action, to approve or issue any form or certificate necessary to perfect the petition described in Title 5, O.C.G.A., for review of lower judicatory bodies or agencies referenced in these regulations and upon whom service of such petition may be effected or accepted on behalf of lower judicatory boards during normal business hours, at the regular offices of the City of Dahlonega shall be the City Clerk, and shall also serve as the official who shall have authority to accept service and upon whom service of an appeal of a quasi-judicial decision may be effected or accepted on behalf of the local governing authority, during normal business hours, at the regular offices of the local government.

An appeal or challenge by an opponent filed pursuant to these regulations shall stay all legal proceedings in furtherance of the action appealed from or challenged, unless the local government, officer, board, or agency from which or from whom the appeal or challenge is taken certifies that, by reason of the facts stated in the certificate, a stay would cause imminent peril to life or property. In such actions, the applicant for the zoning decision or the quasi-judicial decision shall be a necessary party and shall be named as a defendant in the action and served in accordance with the requirements of O.C.G.A. Title 5 or Title 9, as appropriate.

Except as modified herein, The Code of the City of Dahlonega, Georgia, is hereby reaffirmed and restated. The codifier is hereby granted editorial license to include this amendment in future supplements of said Code by appropriate section, division, article or chapter. The City Attorney is directed and authorized to direct the codifier to make necessary minor, non-substantive corrections to the provisions of this Code, including but not limited to, the misspelling of words, typographical errors, duplicate pages, incorrect references to state or federal laws, statutes, this Code, or other codes or similar legal or technical sources, and other similar amendments, without necessity of passage of a corrective ordinance or other action of the Mayor and Council. The City Clerk shall, upon the written advice or recommendation of the city attorney and without the necessity of further council action, alter, amend or supplement any non-codified ordinance, resolution or other record filed in his or her office as necessary to effect similar non-substantive changes or revisions and ensure that such public records are correct, complete and accurate.

(Ord. No. 2023-05, § VII, 6-5-2024)