The annexed property ("AP") district is intended to permit those landowners who petition to annex land into the corporate limits of the city without changing the use of their land or the intensity of the use of their land upon annexation the option of maintaining the same land use performance standards upon the annexed property after annexation as were upon the land prior to annexation by virtue of the land performance standards of the county.

(Ord. of 12-3-2018)

The land use performance standards, both in permissible uses and the intensity of permissible uses, shall be the same as were allowed under the county zoning ordinance governing the land immediately prior to its annexation into the city. No change in the county zoning ordinance after an annexation shall affect or change the land use performance standards for the property annexed.

(Ord. of 12-3-2018)

The land use performance standards, both in conditional uses and the intensity of conditional uses, shall be the same as were conditionally allowed under the county zoning ordinance governing the land immediately prior to its annexation into the city. No change in the county zoning ordinance after an annexation shall affect or change the land use performance standards for the property annexed.

(Ord. of 12-3-2018)

1.

Upon the effective date of this article, the AP zoning designation shall be an option for the initial zoning of property annexed into the corporate limits of the city.

a.

All persons wishing to maintain the same use of their land as well as the same intensity of the use of their land after annexation shall secure such desire by indicating on their petition for annexation that they wish their property be zoned AP upon annexation.

b.

Only upon annexation is a landowner eligible to have his land classified within the AP zoning district. Once the land is assigned to a different land use district under the city's zoning ordinance as provided in section 3305 below, the AP district is no longer available.

2.

Nothing contained herein shall be construed to require property upon annexation or any time after annexation to be assigned the AP zoning designation. Rather, the use of the AP zoning category is at the request of the zoning applicant and is conditioned upon the granting of the same by the mayor and council.

3.

Once designated as AP by the mayor and council, no rezoning petition may be filed on an AP property for 24 months from the effective date of the annexation as determined by chapter 36 of title 36 of the Official Code of Georgia Annotated. The foregoing notwithstanding, property shall not remain within the AP zoning district for any longer than is described in section 3305 below.

(Ord. of 12-3-2018; Ord. No. 02-2023, § VIII, 7-17-2023)

1.

The AP zoning designation is intended to be a temporary land use district for those persons who desire to have their land annexed into the corporate limits of the city, without changing the use of their land or the intensity of the use of their land. It is not intended to permanently supplant the specific zoning designations of the city zoning ordinance, but instead, to provide for continuity in land use performance standards upon annexation.

2.

The AP zoning designation may be applied to land annexed into the corporate limits of the city for a period of up to 36 months after the effective date of the annexation as determined by chapter 36 of title 36 of the Official Code of Georgia Annotated.

a.

At any time at least 24 months after the effective date of annexation of the property into the corporate limits of the city, the property may be rezoned pursuant to the application of the landowner or on the initiation of a rezoning by the governing authority.

b.

If no zoning change application has been filed by the end of 26 months from the effective date of the annexation, then the zoning administrator shall thereafter initiate a zoning change to be governed by the Zoning Procedures Law, chapter 66 of title 36 of the Official Code of Georgia Annotated, and the City of Dawsonville Code of Ordinances in order to assign the property a zoning district under the city's zoning ordinance.

3.

Persons who support the application will be asked to comment first. The petitioner may, upon recognition and upon s name and address, present and explain his application. The petitioner or his designated agent shall be required to attend public hearing unless written notice of hardship is received prior to such meeting. Failure of the petitioner or agent to public hearing or meeting, except in cases of hardship, may be due cause for dismissal of such application. A time limit be imposed at the discretion of the chairman/mayor, 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.

4.

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, address and interest along with any comments on the proposed application. A time limitation may be imposed at the discretion of the chairman/mayor, 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.

(Ord. of 12-3-2018; Ord. No. 02-2023, § IX, 7-17-2023)