(a)

Purposes. The purpose of a conditional use permit (CUP) is to allow the establishment of uses which may be suitable only in certain locations in a zoning district or only when subject to standards and conditions that assure compatibility with adjoining uses. Conditional uses are those uses which are generally compatible with the permitted land uses in a given zoning district, but which require individual review of their proposed location, design and configuration, and the imposition of conditions in order to ensure the appropriateness of the use at a particular location within a given zoning district. Only those uses enumerated as conditional uses in a particular zoning district shall be authorized as conditional uses. The CUP application must be accompanied by a site plan or building floor plan as deemed appropriate by the Community Development Director, drawn to scale depicting how the proposed conditional use will conform to all space limits, buffers, parking and loading provisions, and other provisions of the Code of Ordinances.

(b)

Application process:

(1)

Submittal of the application for a CUP. The property owner or designated applicant requesting a conditional use permit may apply for same with the Community Development Department on a form designated by the Community Development Director and shall submit same with the application fee as adopted by the Mayor and City Council as part of the City's fee schedule.

(2)

[Additional information.] In addition to any other information as required by the application, the applicant shall provide the following to the Community Development Director:

(i)

Survey plat of subject property, prepared within the last ten (10) years by a professional engineer, landscape architect or land surveyor registered in the state. Said survey plat shall:

a.

Indicate the complete boundaries of the subject property and all buildings and structures existing thereon;

b.

Include a notation as to whether or not any portion of the subject property is within the boundaries of the 100-year floodplain; and

c.

Include a notation as to the total acreage or square footage of the subject property.

Conditional use permit applications for individual units or suites within an existing multi-unit building shall be exempt from the survey plan requirement.

(ii)

Name, mailing address, e-mail address and phone number of all owners of the property which is the subject of the application.

(iii)

Signed and notarized affidavit of all owners of the subject property authorizing the filing of the application for conditional use permit and, where applicable, the signed and notarized affidavit of the owner of the subject property authorizing an applicant or agent to act on their behalf in the filing of the application for conditional use permit. The application shall also contain a mailing address, an e-mail address, and phone number of any applicant or agent who is authorized to represent the owner of the subject property;

(iv)

Written legal description of property;

(v)

Statement of current zoning classification of property and the proposed use of the property;

(vi)

A written, documented analysis of the impact of the proposed conditional use permit with respect to each of the criteria contained in this section and/or any other applicable section;

(vii)

Complete and detailed site plan of the proposed use prepared, signed and sealed by an architect, landscape architect or engineer licensed in the state, showing the following:

a.

All buildings and structures proposed constructed and their location on the property;

b.

Height of proposed buildings;

c.

Proposed use of each portion of each building;

d.

All driveways, parking areas and loading areas;

e.

Location of all trash and garbage disposal materials;

f.

Setback and buffer zones required in the district in which such use is proposed to be located;

g.

Landscaping plan for parking areas.

Conditional use permit applications for individual units or suites within an existing multi-unit building shall be exempt from the detailed site plan requirement.

(3)

Staff analysis. The Community Development Director or designee shall conduct a site inspection and shall prepare an analysis of each application for conditional use permit and shall present his findings and recommendations in written form to the Planning Commission. No application shall be amended later than the deadline for advertising the requisite hearing in front of Mayor and City Council.

(4)

Notification of public hearing. Staff will notify the applicant of the date of the next available Planning Commission meeting as well as the public hearing in front of Mayor and City Council. A legal notice is also sent to the local newspaper for publication.

(5)

Posting of signs on property for zoning notification. As required by ordinance, the applicant will be responsible for the cost of posting the zoning notification signs on the property for which the conditional use permit has been requested prior to the public hearing in accordance with the Georgia Zoning Procedures Law.

(6)

Council public hearing. A public hearing is required for a conditional use permit application. During the public hearing, staff will present a summary of the proposed development to the Mayor and Council. Persons in support of the proposed request and persons in opposition to the proposed request may speak during the public hearing. The applicant, property owner, and/or their representative, may be present at the meeting and should be prepared to discuss the conditional use permit and answer any questions that arise.

(7)

City Council decision. After hearing the evidence and reviewing the application as well as any staff comments, the City Council shall consider the proposed CUP. The Mayor and Council may vote on the CUP immediately after the public hearing or may defer to the next Council meeting for decision; the decision must be made not later than thirty (30) days from the date of the public hearing, unless otherwise agreed to by the applicant.

a.

Substantial conformance, as determined by the Director of Planning and Community Development, shall be required for any site plans, floorplans, or other regulating plans which are approved by the City Council as part of an application. Unless otherwise modified by the City Council during the public hearing process, no separate conditions shall be needed for the City to enforce substantial conformance to such plans.

(8)

Conditions. The City Council may require such modifications in the proposed use and attach such conditions to the CUP as they deem necessary to mitigate adverse effects of the proposed use and to carry out the spirit and intent of the ordinance. Conditions and modifications may include, but are not limited to: limitation of building size or height, increased open space, limitations on impervious surfaces, enhanced loading and parking requirements, additional landscaping, curbing, sidewalk, vehicular access and parking improvements, placement or orientation of buildings and entryways, buffer yards, landscaping and screening, signage restrictions and design, maintenance of buildings and outdoor areas, and hours of operation.

(c)

Standards. When considering an application for a CUP, the City Community Development Director, Mayor, and City Council shall evaluate the impact of the proposed conditional use on and its compatibility with surrounding properties and residential areas to ensure the appropriateness of the use at the particular location, and shall consider the extent to which:

(1)

The proposed use at the specified location is consistent with the policies embodied in the adopted comprehensive plan.

(2)

The proposed use is consistent with the general purpose and intent of the applicable zoning district regulations.

(3)

The proposed use is compatible with and preserves the character and integrity of adjacent developments and neighborhoods, and includes improvements either on-site or within the public rights-of-way to mitigate development related adverse impacts, such as traffic, noise, odors, visual nuisances, drainage or other similar adverse effects to adjacent developments and neighborhoods.

(4)

The proposed use does not generate pedestrian and vehicular traffic which will be hazardous or conflict with the existing and anticipated traffic in the neighborhood.

(5)

The proposed use incorporates roadway adjustments, traffic control devices or mechanisms, and access restrictions to control traffic flow or divert traffic as may be needed to reduce or eliminate development generated traffic on neighborhood streets.

(6)

The proposed use incorporates features to minimize adverse effects, including visual impacts, of the proposed conditional use on adjacent properties; and the proposed use meets the standards for the zoning district, or to the extent variations from such standards have been requested, that such variations are necessary to render the use compatible with adjoining development and neighborhoods.

(7)

The proposed use is based on the site plan in conformity with all space limits, buffers, parking and loading provisions, and other provisions of this article.

(8)

The proposed use applicant has agreed to any specific limitations or conditions necessary to protect the public interest and assure the continued beneficial use and enjoyment of nearby properties or that no special limitations are necessary to protect the public.

No application for conditional use permit shall be granted by the Mayor and City Council unless satisfactory provisions and arrangements have been made concerning each of the above factors and any other applicable factors for specific conditional use permits authorized by this chapter.

(d)

Successive applications. An application for a conditional use permit affecting all or a portion of the same property shall not be submitted more than once every twelve (12) months measured from the date of final decision of Mayor and City Council. The City Council may, by majority vote, waive or reduce this twelve-month time interval in case of a previously approved CUP. However, if the application for a conditional use permit was denied by the Mayor and City Council for a particular property, the time interval between the date of said denial and any subsequent application for the same or substantially similar conditional use permit affecting the same property shall be no be less than twelve (12) months.

(e)

An applicant aggrieved by a denial of a conditional use permit shall have the right to file an appeal in DeKalb Superior Court by way of petition for writ of certiorari in accordance with state law.

(f)

Withdrawal of applications by applicant. Prior to the first public hearing by the City Council, an applicant may withdraw a zoning application without prejudice by providing written notice to the City of such request for withdrawal. This written request shall be received no later than the planned publication of the agenda for such hearing. After such deadline the hearing will be deemed to have commenced. After the hearing has commenced, the applicant may request to withdraw an application prior to a final decision by the Mayor and Council. Such withdrawal shall be subject to the approval of the Mayor and Council by vote during the hearing of the case. In any case, no application fees will be refunded.

(Ord. No. 2009-28, § 1, 9-28-09; Ord. No. 2011-19, § 1, 4-25-11; Ord. No. 2014-06, § 13, 3-17-14; Ord. No. 2021-04, § 2, 1-20-22; Ord. No. 2023-08 (A-23-01), § 2, 2-13-23)