This article, including the official zoning map, may be amended from time to time by the City Council or as a result of application of a property owner seeking rezoning, but no amendment shall become effective unless it shall have been considered by the City Council at a duly advertised public hearing.

All zoning text amendments to the Zoning Ordinance and Sign Ordinance, amendments to zoning conditions, and zoning map amendments must be presented to the Doraville Planning Commission at a public meeting prior to the public hearing before the Doraville City Council. Amendments are permitted as follows:

(1)

City initiated amendments: The City Manager, Community Development Director, or any member of the City Council may propose a zoning text amendment to the zoning ordinance, text amendment to the sign ordinance, an amendment to the zoning map, and/or an amendment to zoning conditions attached to the adopted zoning map.

(2)

Property owner initiated amendments: Petitions for a zoning map amendment and/or previously adopted zoning conditions attached to the zoning map, must be submitted by an individual with ownership in fee simple of the subject property being petitioned for the zoning amendment, or by the owner's legal agent authorized in writing over the owner's signature, or by an entity who has a contractual or other interest in the property set out in writing over the owner's signature. Any such petition shall he accompanied by a non-refundable filing fee established in the City's fee schedule, and shall include submittal of a complete rezoning application as noted below which shall be filed with the City Clerk no later than the close of twenty-five (25) days prior to the date of the Planning Commission meeting at which said rezoning application is to be heard, and shall contain the following:

a.

Applications shall be required to be on forms supplied by the Community Development Department and shall also be accompanied by a recent plat of survey prepared by a registered professional engineer or land surveyor. The application shall be accompanied by plans, reports or other information, exhibits or documents as may reasonably be required by the Director of Community Development to make the necessary findings in the case. Each proposed zoning change shall be accompanied by a written, documented analysis of the impact of the proposed zoning with respect to each of the matters enumerated in section 23-1603.

b.

The application shall also provide a conceptual site plan depicting the proposed use of the subject property including:

i.

A correct scale and north arrow;

ii.

The proposed land use and building outline as it would appear should the rezoning application be approved;

iii.

The present zoning classification of all adjacent parcels;

iv.

The gross square footage of all buildings;

v.

The proposed location of all sidewalks, driveways and entry/exit points for vehicular traffic, using arrows to depict direction of movement;

vi.

The location of required off street parking and loading spaces to include number of spaces and space and driveway dimensions;

vii.

Required yard setbacks appropriately dimensioned; and

viii.

The location and extent of the required buffer areas, depicting extent of natural vegetation and type and location of additional vegetation if required.

(Ord. No. 2008-15, § 4, 9-25-08; Ord. No. 2020-009.A, § 1, 6-8-20)

The Mayor, City Council, staff and appointed bodies shall, in deciding any rezoning application, consider the below listed standards governing the exercise of the zoning power whenever deliberating over any zoning proposal pursuant to this section:

(1)

The existing uses and zoning nearby;

(2)

The extent to which property values are diminished by their particular zoning restriction;

(3)

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

(4)

The relative harm to the public as compared to the hardship imposed upon the individual property owner;

(5)

The suitability of the subject property for zoning proposed;

(6)

The length of time the property has been vacant as zoned, considered in the context of land development of adjacent and nearby property;

(7)

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

(8)

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

(9)

Whether the property to be affected by the zoning proposal has a reasonable economic use as currently zoned;

(10)

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

(11)

Whether the zoning proposal is in conformity with the policy and intent of the land use plan;

(12)

Whether there are other existing or changing conditions affecting the use and development of property which gives supporting grounds for either approval or disapproval of the zoning proposal;

(13)

The possible effects of the change in the regulations or map on the character of a zoning district, a particular piece of property, neighborhood, a particular area or the community; and

(14)

The impact of the proposed zoning change upon pedestrian and vehicular circulation and traffic and thoroughfare capacities and capabilities.

(Ord. No. 2009-14, § 3, 4-27-09)

The City of Doraville, when taking action resulting in a zoning decision, shall provide for a hearing on the proposed action. At least fifteen (15), but not more than forty-five (45) days prior to the date of the hearing, the City shall cause to be published within a newspaper of general circulation within the territorial boundaries of the City of Doraville a notice of the hearing. The notice shall state the time, place and purpose of the hearing.

(1)

If a zoning decision of the City of Doraville is for the rezoning of property and the rezoning is initiated by a party other than the City then:

a.

The notice, in addition to other requirements of this section of this article, shall include the location of the property, the present zoning classification of the property, and the proposed zoning classification of the property; and

b.

The City shall post at least one (1) sign containing information required by this article or resolution shall be placed in a conspicuous location on the property not less than fifteen (15) days prior to the date of the hearing. The sign shall include the following information:

APPLICATION TO REZONE FROM: _______ TO: _______ CLASSIFICATION. PUBLIC HEARING TO BE HELD ON _______. FOR INFORMATION CALL _______.

Before enacting an amendment to this article, whether the proposed amendment is a text or map amendment, the Doraville City Council shall hold a public hearing thereon for the purpose of receiving and considering public comment on the merits of the proposed amendment. Said hearings shall be held only after full compliance with all required public notification of the hearing as set forth herein.

If the zoning decision of the City of Doraville is for the rezoning of property and the amendment to this zoning chapter to accomplish the rezoning is denied by the City, then the same property may not again be considered for rezoning until the expiration of at least one (1) year immediately following the denial of the rezoning by the City of Doraville.

(2)

If a zoning decision of the City of Doraville is for the rezoning of property and is initiated by the City in addition to the notification procedure set out in O.C.G.A. § 36-66-4, then:

a.

Where the rezoning is for a single parcel of land, a City notification procedure shall include: written notice sent by certified mail, return receipt requested, to the last known owner of the property to be rezoned as the owner is listed on the DeKalb County tax records; and

b.

The City shall post at least one (1) sign containing information required by this article or a resolution shall be placed in a conspicuous location on the public right-of-way not less than fifteen (15) days prior to the date of the hearing. The sign shall include the following information:

"CITY INITIATED REZONING FROM: _______ TO: _______ CLASSIFICATION. PUBLIC HEARING TO BE HELD ON _______. FOR INFORMATION CALL _______."

c.

City-initiated map amendments for a single parcel of land shall be subject to the requirements of subsections (2)a. and b..

d.

All zoning ordinance text amendments are excluded from the notification requirements of subsections (2)a. and b..

e.

The notice procedures set out in subsections (2)a. and b. are in addition to, but not in lieu of, the notice required under O.C.G.A. § 36-66-4 as it exists at the time of this action or as may hereafter be amended. Compliance with O.C.G.A. §36-66-4 shall be sufficient legal notice of all zoning decisions. The additional notice set out in subsections (2)a. and b. shall be deemed to require a good faith effort on the part of the City. A good faith effort shall be any reasonable action taken by a City official to comply with subsections (2)a. and 2. whether or not such actions meet with actual received notice by any owner. It is recognized that notice under [subsections] (2)a. and b. due to the time gap between property title transfer and the DeKalb County tax records, failure of recipient to accept notice, and other as yet unknown issues, may result in a failure of actual notice. When such failure occurs, compliance with the state notice requirements shall be deemed sufficient notice under the law for the validity of the zoning decision.

(Ord. No. 2009-36, § 1, 11-30-09)

(a)

All public hearings held pursuant to this article shall be presided over by the Mayor.

(b)

After calling the hearing to order, the Mayor and Council shall request the applications, which are the subject of the zoning proposal, be read.

(c)

Following such reading, the Mayor, City Clerk, City Attorney, City Planner, Planning Commission chairman or other designated representative of the City will present a recommendation to the City Council.

(d)

The City Council shall cause the recommendation to be read at the public hearing. Following the reading of the written recommendation, anyone present at the hearing and wishing to speak in favor of the zoning proposal shall come before the Mayor and Council and first give their name and address to the City Clerk.

(e)

Having done so, the person may address the City Council as a body only and shall be allowed a minimum time period of no less than ten (10) minutes for presentation of evidence and remarks. A person may speak a second time, but only after everyone who desires to speak upon the zoning proposal has had an opportunity to speak. However, no person may speak more than twice at such public hearing. After all persons speaking in favor of the zoning application have completed their presentations, then any person wishing to speak in opposition to the zoning proposal may do so, with the same minimum time limitations as those imposed on persons speaking in favor of the proposal.

(f)

Unless otherwise agreed to by the Mayor and Council, the time allocated to the presentation of each side of any zoning proposal shall not exceed thirty (30) minutes per side.

(g)

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.

(Ord. No. 2008-14, § 1, 9-25-08; Ord. No. 2023-08 (A-23-01), § 3, 2-13-23)

If a rezoning application pursuant to this article is denied by Mayor and City Council, and unless otherwise designated by law, the applicant shall have the right to appeal said denial in the Superior Court of DeKalb County by petition for writ of certiorari in accordance with state law.

(Ord. No. 2014-06, § 14, 3-17-14)

Editor's note— Section 14 of Ord. No. 2014-06, adopted March 17, 2014, changed the title of § 23-1605 from "Conditions to rezonings" to read as herein set out.

It is the intention of this article to adopt and defer to O.C.G.A. § 36-66-4 and O.C.G.A. § 36-66-5 as the same relate to text and map amendments of the zoning chapter and the procedures required. Where any conflict or ambiguity between this article and state law exists, this section shall be deemed to have adopted the state law for local application.

(Ord. No. 2008-15, § 5, 9-25-08)

(a)

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.

(b)

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. 2021-04, § 1, 1-20-21)

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.

(Ord. No. 2023-08 (A-23-01), § 4, 2-13-23)