The planning director has the authority and responsibility to provide the following services:

A.

Provide information concerning the requirements of this ordinance and require compliance with these requirements.

B.

Issue permits under the conditions and procedures required by this ordinance.

C.

Dispense and receive applications as required by this ordinance.

D.

Determine the applicable district, uses, and standards for a particular parcel of land.

E.

Provide assistance and guidance to applicants concerning compliance with this ordinance.

F.

Collect, receive, disburse, and account for fees and monies as required under the provisions of this ordinance.

G.

Serve as the secretary of the planning commission when appointed.

H.

Act as liaison for the planning commission with other officials.

I.

Maintain official records and perform administrative duties required in the execution of the provisions of this ordinance.

J.

The planning director is charged with interpretation of the zoning ordinance and related ordinances.

K.

Provide general information to the public concerning the application and administration of this ordinance.

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

Editor's note— Ord. No. 02-2023, § II, adopted July 17, 2023, amended the Code by repealing § 902, which pertained to administrative variances, and derived from ordinances of December 3, 2018 and August 19, 2019.

1.

The planning commission shall have the following functions, powers and duties:

A.

Review, investigate, and recommend action to the mayor and council concerning applications under the provisions of this ordinance.

B.

Review, investigate, and render decisions concerning variances; and, as well as, from time to time, recommend action to the mayor and council concerning variances and amendments to this ordinance.

C.

Advise and inform the mayor and council on development within the city and any needed amendments to this ordinance.

D.

Conduct public hearings as required under the provisions of this ordinance.

E.

Provide review and recommendations concerning its decisions to the mayor and council.

2.

The mayor and council have the authority and responsibility to provide the following services:

A.

Render official decisions concerning the recommendations of the planning commission, in relation to actions within the scope of this ordinance.

B.

Hear and decide appeals of actions of the planning director or the planning commission.

C.

Establish fees upon recommendation of the planning commission for actions, permits, or services under this ordinance.

D.

Conduct public hearings related to the administration of this ordinance.

E.

Provide for enforcement of the provisions of this ordinance.

F.

Prepare and maintain a land use district map and a future land use district map, under the provisions of this ordinance.

(Ord. of 12-3-2018)

A.

The planning commission as it existed prior to the implementation of this ordinance shall be disbanded and reconstituted as set forth herein in order to provide geographic diversity of representation within the city as has been adopted for the council by the creation of district posts. Upon adoption of this ordinance the planning commission shall be composed of five members who shall be nominated by the mayor or any member of the council and elected by majority vote of the council to the slots of post 1, post 2, post 3, post 4 and at large. Four of the five members shall be appointed by the city council from the four council districts and must reside in the district that they represent. The fifth member (at large) shall be appointed by the city council from any district in the city and may reside anywhere in the city.

B.

Beginning in 2019, following adoption of this ordinance, the members shall serve staggered terms with the members representing posts 1 and 2 and the at large member serving a term of three years and the members representing posts 3 and 4 serving a term of two years. Thereafter, the members of the planning commission shall be appointed for a term of three years and shall serve until their successors are appointed. The compensation of the members of the planning commission shall be as established by the governing body. Any vacancy in the membership of the planning commission shall be filled for the unexpired term of such vacancy in the same manner as the original appointment. The governing body may remove any member of the planning commission for due cause after written notice to such member and after a public hearing. Members of the planning commission shall appoint a secretary, or in lieu of such appointment, the planning director or designee or city clerk shall serve as the secretary of the planning commission.

C.

A minimum of three members must be present to constitute a quorum. One such member shall be annually elected chairman of the planning commission by the planning commission members, and the chairman shall not vote except in cases of a tie-vote between the other members. In cases of a tie-vote and the chairman recuses himself from voting, then such tie-vote shall constitute denial of said motion, application or action.

(Ord. of 12-3-2018)

The planning commission shall meet at least one time each month at the call of the chairman, or at such other times as the planning commission may determine, and all such meetings shall be open to the public. The planning commission shall adopt rules for the transaction of business, or in lieu of such rules, the commission shall follow "Robert's Rules of Order," latest edition. The planning commission shall keep record of its resolutions, recommendations, transactions, findings, and determinations, and all such records shall be public record and available for purchase by interested parties at a reasonable cost.

(Ord. of 12-3-2018)

Each planning commission member shall be required to attend at least nine of the 12 required monthly meetings of the planning commission; however, a member appointed during the middle of a calendar year shall be required to attend at least 75 percent of the meetings remaining in the year in which the member is appointed. Failure to attend the minimum number of meetings during a calendar year may constitute due cause for removal.

(Ord. of 12-3-2018)

I.

Purpose. The purpose of a variance is to provide relief when a strict application of the district requirements would impose unusual practical difficulties or unnecessary physical hardships on the applicant. Practical difficulties and unnecessary hardships may result from the size, shape, or dimensions of a site or the location of existing structures thereon; from geographic, topographic, or other conditions on the site or in the immediate vicinity. No variance shall be granted to allow the use of property for a purpose not authorized within the district in which the proposed use would be located. A variance should be granted only after evidence is presented and accepted that enforcement of all of the required standards on the property in question would render the property useless. This article establishes conditions; criteria for granting variances; public hearings on proposed variances; variances to road requirements; variance procedures; compliance with conditions of approval; vested interest in approved variances; investigations and reports; revocation; limitations on re-applications; and use variance. A variance may be granted, upon specific findings that all of the following conditions exist. The absence of any one of the conditions shall be grounds for denial of the application for variance.

1.

There are extraordinary and exceptional conditions pertaining to the particular piece of property in question because of its size, shape or topography that are not applicable to other land or structures in the same district; and,

2.

A literal interpretation of the provisions of these zoning regulations would create an unnecessary hardship and would deprive the applicant of rights commonly enjoyed by other property owners within the district in which the property is located; and,

3.

Granting the variance requested will not confer upon the property of the applicant any special privileges that are denied to other properties of the district in which the applicant's property is located; and,

4.

Relief, if granted, will be in harmony with the purpose and intent of these regulations and will not be injurious to the neighborhood or general welfare in such a manner as will interfere with or discourage the appropriate development and use of adjacent land and buildings or unreasonably affect their value; and,

5.

The special circumstances are not the result of the actions of the applicant; and,

6.

The variance requested is the minimum variance that will make possible the legal use of the land, building, or structure; and,

7.

The variance is a request to permit a use of land, building or structures which is permitted by right in the district involved.

II.

Notwithstanding anything in paragraph I, the planning commission shall have the power to grant a variance (except for density and use) from the development standards of the zoning ordinance of the city if the intent of the ordinance can be achieved and equal performance obtained by granting the variance.

A.

Authority. The authority to grant variances in accord with this section shall be limited to variances from the following requirements:

1.

Front yard, side yard and rear yard setbacks. Variances shall not exceed 20 percent of the setback in applicable zoning district;

2.

Building height. A variance may be granted up to, but not exceeding, ten feet if such variance does not allow space habitable by humans and is also approved by the fire marshal and would not result in an increase in the number of stories that would otherwise be allowed by the zoning district;

3.

Buffers. The dimensions of a landscaping buffer required by the zoning ordinance or other ordinance may be varied by no more than 20 percent if the adopted comprehensive plan recommends a similar or more compatible use of the neighboring property or in other situations if the intent of the required buffer can be equally achieved; however, no buffer required as a condition of zoning shall be modified; and

4.

Parking. If the required parking standards cannot reasonably be met and if a variance will not adversely affect the spirit or intent of the ordinance, then a variance of not more than ten percent may be granted.

B.

Application, notification and fee. The applicant may choose to either submit an affidavit attesting to notice that includes signatures of all adjoining property owners listed within the application package consenting to the requested variance or the applicant may choose to request written notice from the planning department to adjoining property owners of the variance application and then wait at least 30 business days from notice to all adjoining property owners before the variance may be considered for approval. In either application method, notice of the variance application shall be posted upon the property as required by law before the variance is considered and shall state the variance requested and the date the variance shall be considered.

C.

Basis for approval. No variance may be granted under this paragraph for an application for a variance that has been heard by the planning commission within one year or if the application is for the expansion of a non-conforming use or structure. The following criteria shall be considered by the planning commission before granting a variance under this paragraph:

1.

The variance neither interferes with the rights of others as provided in this chapter nor is injurious to the public health, safety, general welfare;

2.

A strict interpretation and enforcement of the standards or requirement would result in practical difficulty or unnecessary hardship;

3.

Exceptional or extraordinary circumstances applicable to the subject property exist that do not generally apply to other properties in the same district;

4.

The variance provides for reasonable use under the specified circumstances of each application;

5.

The variance achieves the general intent of this ordinance;

6.

The variance is the minimum possible variance under the specific circumstances; and

7.

The variance does not exceed the scope of the authority set forth in subsection (A) hereof.

III.

Conditions of approval. The planning commission may impose reasonable conditions upon any variance to ensure that the public health, safety, and general welfare are protected. A violation of any imposed condition shall be a violation of this section.

IV.

At any time before the planning commission renders a decision on an application for a variance, the planning director may direct that the application be transferred to the mayor and city council for consideration by them, and shall take appropriate steps to effect such transfer. The planning director should direct transfer under this paragraph if, based on the nature of the variance requested, consideration of the application by the mayor and city council would be in the public interest. The planning commission shall take no further action on the application after the planning director directs the transfer, and any action taken on the application by the planning commission after such direction shall be void. Upon transfer, the mayor and council shall hold a hearing on the application that complies with section 911 of this article and shall grant or deny the variance, applying the criteria set forth in paragraph I, II, and III of this section, and shall issue or direct the issuance of any necessary permit.

V.

Appeal. An applicant or opposing party may seek review in superior court of any decision of the planning commission under this section in accordance with O.C.G.A. § 36-66-5.1. Pursuant to O.C.G.A. § 36-66-5.1(c)(1), the planning director of the city is hereby designated as the officer who shall have authority to receive service of a petition for review of the planning commission's grant or denial of a variance and to approve or issue a certificate needed to perfect the petition.

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

Any proposed conditional use shall require an application for conditional use, a copy of the plat, and payment of a fee set by the governing body for the application and review of the proposed conditional use.

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.

Applicants shall submit six copies of any required application, plat and architectural elevations to the planning director or designee for distribution to the applicable bodies and/or review agencies. The planning director or designee may require more or less copies depending on the nature and extent of required review. Applications which require action by the governing body shall require disclosure of any conflicts of interest as specified in the Georgia Zoning Procedures Act.

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.

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. of 12-3-2018)

Any proposed amendment to the zoning map shall be submitted by application with a copy of the plat and payment of a fee set by the governing body for the application and review of the proposed amendment to the zoning map.

Applicants shall submit six copies of any proposed zoning map amendment and plat to the planning director or designee for distribution to the applicable bodies and/or review agencies. The planning director or designee may require more or less copies depending on the nature and extent of required review. Applications which require action by the governing body shall require disclosure of any conflicts of interest as specified in the Georgia Zoning Procedures Act.

The applicant, staff, planning commission and governing body should review an application for zoning map amendment with regard to the following criteria:

1.

The existing uses and zoning of nearby property and whether the proposed zoning will adversely affect the existing use or usability of nearby property.

2.

The extent to which property values are diminished by the particular zoning restrictions.

3.

The extent to which the destruction of property values promotes the health, safety, morals or general welfare of the public.

4.

The relative gain to the public, as compared to the hardship imposed upon the individual property owner.

5.

The physical suitability of the subject property for development as presently zoned and under the proposed zoning district.

6.

The length of time the property has been vacant, considered in the context of land development in the area in the vicinity of the property, and whether there are existing or changed conditions affecting the use and development of the property which give supporting grounds for either approval or disapproval of the rezoning request.

7.

The zoning history of the subject property.

8.

The extent to which the proposed zoning will result in a use, which will or could cause excessive or burdensome use of existing streets, transportation facilities, utilities, schools, parks, or other public facilities.

9.

Whether the zoning proposal is in conformity with the policy and intent of the comprehensive plan, land use plan, or other adopted plans.

The staff, planning commission and governing body may consider other factors deemed relevant before formulating recommendations and taking action on a particular request.

(Ord. of 12-3-2018)

A public hearing shall be conducted for all requests for variance, conditional use and/or zoning map amendment (rezoning).

1.

Submittal requirements. All developments of property where a site plan is required for an action of map amendment and/or variance shall require an application, a site plan and payment of an administrative fee with the application fee set by the governing body for the application and review of the requested action. The administrative fee shall be a set fee as listed in the city fee schedule plus the cost of all mailings and advertisements.

Applicants shall submit six copies of any required site plans, development plans, elevation drawings and letters of intent to the planning director or designee for distribution to the applicable bodies and/or review agencies. The planning director or designee may require more or less copies depending on the nature and extent of required review. Applications which require action by the governing body shall require disclosure of any conflicts of interest as specified in the Georgia Zoning Procedures Act.

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; watercourses; 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. of 12-3-2018)

1.

Withdrawal of applications before consideration by the planning commission.

a.

In the event that an applicant for a zoning change desires to withdraw an application prior to the date the city submits notice of the pending zoning decision to the legal organ, the applicant may do so upon written request received prior to said date by the planning director or designee or his designee.

b.

In the event that an applicant for a zoning change desires to withdraw an application after the date that the city submits notice of the pending zoning decision to the legal organ, the request to withdraw must be in writing, must be received by the planning director or designee or his designee, must provide the reason for the withdrawal, and further:

i.

If the request to withdraw is received in writing by the planning director or designee or his designee at least five days prior to the date of the scheduled public hearing, then for good cause shown, as determined in the sole discretion of the planning director or designee, the withdrawal may be granted without prejudice to the right to re-apply for a zoning change on the applicable tract of land. If the planning director or designee determines that the withdrawal is not for good cause, then the withdrawal will prejudice the right to re-apply for a zoning change on the applicable tract for a period of six months.

ii.

If the request to withdraw is received in writing by the planning director or designee or his designee less than five days prior to the date of the scheduled public hearing, then the withdrawal will prejudice the right to re-apply for a zoning change on the applicable tract for a period of six months.

c.

Administrative fees plus the base application fee of the main action of the withdrawn applications are not refundable. * The base application fee is that fee which is lowest fee due for the main action requested.

2.

Withdrawal of applications after consideration by the planning commission.

a.

In the event that an applicant for a zoning change desires to withdraw an application after the application has been considered by the planning commission, the applicant may do so upon written request received prior to the date of the scheduled hearing before the governing body.

b.

All withdrawals of applications after consideration by the planning commission will prejudice the right to re- apply for a zoning change for a period of six months.

c.

Administrative fees of withdrawn applications are not refundable.

3.

Postponement of consideration by the planning commission or governing body.

a.

In the event that an applicant for a zoning change desires to postpone the decision on an application prior to the date the city submits notice of the pending zoning decision to the legal organ, the applicant may do so upon written request received before said date by the planning director or designee or his designee.

b.

In the event that an applicant for a zoning change desires to postpone a decision on an application after the date that the city submits notice of the pending zoning decision to the legal organ, the applicant may do so:

i.

Upon written request received by the planning director or designee or his designee providing the reason for the requested postponement; and

ii.

Upon payment of the postponement fee as listed in the city fee schedule.

c.

Only one postponement may be secured per application before the decision by the planning commission, and only one postponement may be secured per application before the decision by the governing body.

d.

All postponed applications shall be placed on the agenda for a specified meeting of the planning commission or the governing body, depending on the hearing postponed, within two months or less of the date of the existing meeting date.

e.

The planning commission or the governing body may postpone any application on its own motion to a specified meeting within two months or less of the date of the existing meeting date upon a proper motion duly passed stating the reason for the postponement.

(Ord. of 12-3-2018; Ord. of 8-19-2019, § 8)

In exercising the powers to grant appeals and approve variances, the planning commission may attach any conditions to its approval which it finds necessary to accomplish the reasonable application of the requirements of these regulations.

(Ord. of 12-3-2018)

Any decision of the city council under this article is subject to review in the county superior court in accordance with O.C.G.A. § 36-66-5.1. Pursuant to O.C.G.A. § 36-66-5.1(c)(2), the mayor is hereby designated as the elected official who shall have authority to receive service of a petition for review of any quasi-judicial decision of the local government under this article.

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

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, requests for conditional use approval, requests for alteration or extension of conditional zoning, applications for site plan approval and petitions for development approval for property within site plan specific zoning districts.

Upon receipt of a completed application, fees and other information required by this article, the planning director or designee shall cause notice of such application to be published at least one time in a newspaper of general circulation in the community at least 15 days (or 30 days in the case of a quasi-judicial decision, as that term is defined in O.C.G.A. § 36-66-3), but not more than 45 days prior to the date of public hearing before the appropriate body. Said published notice shall include, as a minimum, the purpose, location, date and time of the public hearing, before the governing body, the purpose, location, date and time of the public hearing before the planning commission, the location of the property being considered, the present zoning classification of the property, and proposed action to be taken, as appropriate, such as proposed zoning district, type of conditional use, variance to particular articles and sections, and so forth. Whenever published notice is required by this paragraph, additional notice shall be mailed to the owner of the property that is the subject of the proposed action. The planning director or designee shall also cause to have posted in a conspicuous place on said property one or more sign(s), each of which shall contain the information specified for published notices. No public hearing shall take place until said sign(s) have been posted for at least 15 days but not more than 45 days prior to the date of the public hearing.

All required public hearings shall be held by the planning commission and/or the governing body, and no action shall be taken on said applications until a public hearing has been held by the planning commission and/or the governing body.

Public hearings may be delayed, rescheduled or continued at 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 deny the subject petition or 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's expense.

Notwithstanding any other provision of these regulations, when a proposed zoning decision relates to an amendment of a zoning ordinance to revise one or more zoning classifications or definitions relating to single-family residential uses of property so as to authorize multifamily uses of property pursuant to such classification or definitions, or to grant blanket permission, under certain or all circumstances, for property owners to deviate from the existing zoning requirements of a single-family residential zoning, such zoning decision may only be adopted in compliance with the notice and multiple-hearing requirements of O.C.G.A. § 36-66-4(h), which are hereby incorporated into this section. The planning director shall be responsible for carrying out the notice requirements of that provision, and is hereby empowered to take any appropriate action to that end.

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

The planning director or designee 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 planning director or designee shall have an advisory effect only and shall not be binding on the planning commission or the city council. Copies of the planning director or designees' 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.

(Ord. of 12-3-2018)

Prior to the first public hearing held by the governing body on any of the following matters, 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 site plan specific zoning districts request for site plan approval.

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 30 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 within the 30-day period, it shall be deemed to have approved the proposed application.

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

All public hearings regarding applications considered by the 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.

The presiding officer 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.

2.

The planning director or designee will present a description of the proposed application, any applicable background material, his/her recommendation regarding action on said application as appropriate, and the recommendations and reports of the planning commission as appropriate.

3.

Persons who support the application will be asked to comment first. The petitioner may, upon recognition and upon statement of name and address, present and explain his application. The petitioner 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 petitioner or agent to attend the public hearing or meeting, except in cases of hardship, may be due cause for dismissal of such 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 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.

5.

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

6.

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

7.

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 petitioner or other interested parties to clarify points made previously or to answer questions. Said petitioner or interested parties may respond upon recognition.

(Ord. of 12-3-2018)

After completion of all required public hearings, the governing body may take action to approve or deny the request, refer the application back to the planning director or designee, or planning commission for further study, or the governing body may table or defer action until a later meeting.

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

The planning director or designee and planning commission may recommend, and the governing body may approve, applications for zoning map amendments, conditional use permits, applications for development approval within site specific zoning districts, and applications for site plan approval, subject to certain conditions, provided that said conditions are set forth in the minutes 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. of 12-3-2018)

a.

If, after one year from the date the governing body approves a conditional use permit or the planning commission approves a variance, action has not been taken with the city to utilize the property in accordance therewith (such as securing a development permit, business license, or taking other actions involving obtaining a city permit, certificate or license showing a reliance thereon) the approval of the conditional use permit or variance as the case may be shall expire. At such point, the conditional use permit or variance shall be null, void and of no further force or effect. Prior to any expiration of approval, the owner of the property in question may petition the governing body for a modification or extension of variance or conditional use approval. Any such extension shall be valid for one year from the date of approval. Only one such extension shall be permitted.

b.

If a landowner takes action with the city to utilize the property in accordance with a conditional use permit and then ceases or abandons that conditional use for a continuous period of one year or more, the conditional use shall lapse, expire and be of no further validity.

c.

Any approved zoning of property where there has been no application for land disturbance permit submitted within 24 months from the date of zoning approval shall result in a notice being delivered to the owner and the zoning applicant, if different, advising that a city-initiated rezoning to a constitutional zoning designation for the subject property may occur if no land disturbance permit application is tendered within 30 days and approved 90 days of said notice. Upon no land disturbance permit application being tendered and approved within the timelines set forth in this paragraph, the property shall be placed upon a city council agenda for consideration of a city-initiated rezoning.

(Ord. of 12-3-2018; Ord. of 8-19-2019, § 9; Ord. No. 02-2022, § 2, 2-7-2022)

Applications for amendments to the text of the zoning regulations, zoning map amendments, alterations or extensions of conditional zoning, conditional use permits, development within site specific zoning districts and 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 planning commission before development may be initiated or before such application is made effective. Applications for certificates of appropriateness require review and approval of the historic preservation commission before development, demolition or alteration may be initiated or before such application is made effective.

(Ord. of 12-3-2018; Ord. No. 03-2021, § 1, 10-18-2021)

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 by an asterisk (*, **, ***, etc.) and concurring footnote providing the date such amendment was approved. All such text amendments shall be incorporated within the text without unreasonable delay.

(Ord. of 12-3-2018)

Rezoning changes/zoning map amendments shall be entered onto the official zoning map. In addition, all conditional use approvals, variances and certificates of appropriateness shall also be indicated on said official zoning map, with an abbreviation of application type and number. Such entries shall be made on the official zoning map without unreasonable delay.

(Ord. of 12-3-2018)

All land development shall conform to the zoning ordinance and development regulations in place at the time the development is initiated. Once initiated, the development must be completed within two years based upon the terms of the zoning ordinance and development regulations in place at the time development was initiated. After two years following initiation of development, any future land development must comply with the zoning ordinance and development regulations then in place.

(Ord. of 8-19-2019, § 10)

The application fees for all zoning map amendments, conditional use permits, variances and administrative variances shall be set forth in city Code section 2-110 as the same may be amended from time to time.

(Ord. of 8-19-2019, § 11)