This article sets out the structure for administering and enforcing this Unified Development Ordinance (UDO), including amendments to the text of this UDO and the responsibilities and procedures of the community development director or designee in carrying out enforcement activities.

(Ord. No. O-2024-33, § 2, 8-19-24)

A.

Generally, all changes in the use of property and improvements to property must be reviewed by the department of community development or designee for compliance with the UDO. This includes land use changes initiated by a rezoning, temporary land use permit, development permit, land disturbance permit, building permit, sign permit, special land use permit, variance or certificate of appropriateness, annexation requests or text and zoning map changes to the UDO.

B.

Applications for UDO review can be obtained in person at the City Hall, or downloaded at the city's website at https://www.douglasvillega.gov/ under the documents tab in the community development section.

C.

Whenever in this UDO a permit or certificate is required an application shall be made to the community development department or designee. Obtaining approvals required by such application shall be the responsibility of the applicant. Issuance of permits or certificates and the collection of fees shall be the responsibility of the community development department or designee.

(Ord. No. O-2024-33, § 2, 8-19-24)

The following table provides a summary of the certificates and permits issued in the city and the applicable review and decision-making bodies as it relates to this UDO, in order of review and approval.

Table 12-1 Review and Approval Sequence by Certificate and Permit Type

(Ord. No. O-2024-33, § 2, 8-19-24)

A.

Building Official.

1.

General. The building official conducts plan review and inspections of building and development throughout the city for commercial and residential projects and may exercise any and all powers prescribed by Georgia and local law.

2.

Approval authority. The building official is responsible for reviewing and authorizing building permits, certificates of occupancy and land disturbance permits.

B.

Community development director.

1.

General. The community development director and the planning and zoning administrator and/or their designees conduct plan and zoning review for projects and provide support to the planning commission, historic preservation commission and to the mayor and city council, as needed.

2.

Approval authority. The community development director or designee is responsible for reviewing and processing applications for annexations, certificates of appropriateness, development permits, future land use plan amendments, land disturbance permits, rezonings, sign permits, special land use permits, temporary land use permits, UDO text amendments, and variances.

C.

Planning commission.

1.

General. The planning commission, as established in chapter 34, article II, planning commission of the Douglasville Code of Ordinances, shall exercise all powers granted to planning commissions under the former General Planning Enabling Act of 1957, as amended, and shall serve as the planning and zoning commission for the city.

2.

Approval authority. The planning commission is responsible for the review and recommendation of rezonings, special land use permits, concurrent variances, zoning map adoptions and amendments, and UDO text amendments.

D.

Board of adjustments and appeals.

1.

General. The board of adjustments and appeals addresses appeals of the following:

a.

decisions of the building official concerning matters related to standard codes; and

b.

decisions of the city engineer, acting as the development official, related to the enforcement of approved erosion and sediment control plans, permit conditions, or any other relevant ordinance.

2.

Establishment.

a.

A board of adjustments and appeals is hereby established. Said board, who is appointed by and serve at the pleasure of the mayor and city council, shall be no fewer than three members, who shall be citizens of the city.

b.

When a position becomes vacant before the end of a term, the mayor and city council shall appoint a new member for the duration of the term remaining.

c.

Members shall serve without pay but may be reimbursed for any authorized travel expenses incurred while representing the board.

3.

Proceedings of the board of adjustments and appeals.

a.

The mayor and city council appoint the chair and a vice-chair from among its members, who shall serve at the pleasure of the mayor. The vice-chair shall preside at meetings in the absence of the chair.

b.

The chair or, in their absence, the vice-chair or other member designated to conduct an official meeting, may administer oaths and allow the cross-examination of witnesses.

c.

The board of adjustments and appeals may adopt such by-laws, rules or procedures as appropriate and not in conflict with this UDO.

d.

The board of adjustments and appeals shall meet in accordance with its schedule of meeting dates, times and places unless there is no business to conduct. Other meetings of the board of adjustments and appeals shall be held at the call of the chairman if there is business to be brought before it, or at such other times as the board of adjustments and appeals may determine. All meetings of the board of adjustment and appeals shall be open to the public.

e.

Where there is an even number of board members, half shall constitute a quorum. The affirmative vote of at least a quorum of the members of the board of adjustments and appeals shall be necessary to approve any decision or recommendation.

f.

The community development director or designee shall serve as secretary to the board of adjustments and appeals. The secretary shall cause minutes of its proceedings to be kept, showing the vote of each member on each question, or if absent or failing to vote, indicating such fact, and shall cause records of its examinations and other official actions to be kept, all of which shall be of public record. Minutes and agenda shall be prepared and maintained in accordance with the Open Records Act.

4.

Powers and duties of the board of adjustments and appeal.

a.

The board of adjustments and appeals shall have the duty and responsibility to conduct a meeting and to make a recommendation in accordance with the procedures and provisions of this UDO on each application for an appeal from an administrative decision or an interpretation.

b.

The board, in the execution of the duties for which appointed, may subpoena witnesses and in case of contempt may certify such fact to the Superior Court.

c.

The board of adjustments and appeals shall also have such other powers, duties or responsibilities as assigned to it by the mayor or as contained in other ordinances adopted by the city.

d.

In exercising its powers regarding an appeal of an administrative decision, the board of adjustments and appeals may, in conformity with the provisions of this UDO, reverse or affirm, wholly or partly, or may modify the order, requirements, decisions or determination of the building official, and to that end shall have the power to direct issuance of a permit.

5.

Administrative review generally.

a.

Issuance of any stop-work order shall be issued in writing, or the suspension, revocation, modification, or grant with condition of a permit by the city upon finding that the property conditions are not in compliance with:

1)

The approved erosion and sedimentation control plan;

2)

Permit conditions; or

3)

This or any other ordinance;

shall entitle the person submitting the plan or holding the permit to written notice of the same.

b.

Within ten days of the issuance of such notice, the recipient shall have a right to make a written request for and to be heard at a review hearing before the board of adjustments and appeals on a date to be scheduled and held within ten days after the date the written request is received by the community development director, the building official, or the city engineer, as the case may be.

6.

Administrative review hearing.

a.

At such hearing, the board of adjustments and appeals shall entertain the matter. Upon finding that:

1)

The conditions specified granting a permit are reasonably necessary for compliance with this chapter, if such conditions are in issue; or

2)

That the property is not in compliance with the approved plan, permit conditions, or this or any other ordinance;

then the board may confirm or modify the initial action of the issuing authority and shall specify the nonconformity or reason for its decision. In the absence of such a finding, said action shall stand revoked and terminated.

b.

If the appealing party is still aggrieved after the decision of the board, then he/she may file a written appeal to the city council within ten days of receiving said adverse decision. Upon appeal to the city council, that body shall apply the same standards for review as those applicable to the board.

E.

City council.

1.

General. City council serves to address review and authorization matters regarding zoning and development regulations in the city.

2.

Approval authority. City council is responsible for reviewing and authorizing appeals not otherwise under the Board of Adjustments and Appeals but never to include appeals of zoning decisions, annexation, , rezonings, special land use permits, UDO text amendments, concurrent variances, and dimensional and locational variances which exceed the authority of the community development director or his/her designee to approve.

3.

Appeals to Superior Court. Zoning decisions of the city council are final; therefore, any appeal of such decisions shall be made pursuant to O.C.G.A. Section 36-66-5.1 within 30 days of the date of the decision. When a petition for review is filed, the city must be designated the respondent in the petition for review. The mayor or any other party as permitted by O.C.G.A. Section 9-11-4 or as otherwise provided by applicable law is authorized to receive and acknowledge service of a copy of the Superior Court petition on behalf of the city, as respondent.

F.

Historic preservation commission.

1.

General. The historic preservation commission shall be created and assume all responsibilities as established in section 48-3, creation of a historic preservation commission, of the Douglasville Code of Ordinances.

2.

Approval authority. The historic preservation commission is responsible for reviewing projects pursuant to project type in Table 12-2 and authorizing certificates of appropriateness. The following Table 12-2 identifies project types that require and do not require historic preservation commission approval.

Table 12-2 Historic Preservation Commission Review Authority by Project Type

(Ord. No. O-2024-33, § 2, 8-19-24)

A.

Applicability.

1.

The following requirements are common to the procedures in this article and apply to all applications submitted under its provisions. Generally, the procedures for all applications have six common elements:

a.

Pre-application inquiry or conference.

b.

Submittal of a complete application, including fee payments and appropriate information and studies;

c.

Review of the submittal by appropriate staff, commissions, and boards after proper public notice has been made, if necessary;

d.

A decision made by city council to approve, approve with conditions, or deny together with a description of the actions authorized and the time period for exercising those development rights;

e.

If necessary, amending or appealing the decision; and

f.

Recording the decision.

B.

Common application requirements.

1.

Pre-application inquiry or conference. When an applicant desires to undertake a development project or improvement to their property, they make inquiries to the community development department or designee about the approval process. Based on the nature of the proposal, staff either schedules a pre-application conference or provides the applicant with the proper forms for administrative review. Any application requiring a legislative or quasi-judicial review process involving site or building plan approval will require a pre-application conference before submittal. At the pre-application conference, the applicant will be preliminarily advised of the applicable authorities or bodies from which the application will need to obtain approval. Each application is unique and special circumstances may come to light later over the course of processing the application that will require the involvement of additional review authorities. Information provided to an applicant at a pre-application conference or inquiry by the city or applicable outside agencies shall not be binding on the city or applicable outside agencies.

a.

If the application is for a project that qualifies as a development of regional impact (DRI) and is the first request for city action or is a revision to a previous DRI, the proposal must be transmitted to the Atlanta Regional Commission for review; refer to section 10.02 developments of regional impact for details and procedures.

b.

If the subject property in the application is not appropriately zoned, improvements to uses on the property are limited by the nonconforming uses provisions of the UDO (see section 2.08), or a request for rezoning or approval of a special use must be approved prior to development or construction.

2.

Application submittal.

a.

All applications must be filed with the community development department or designee and must be submitted on forms and in such numbers as required by the community development director or designee.

b.

Application forms can be obtained from the community development department offices (or designee) and on the city website, and each form lists the information that must be submitted with the application.

c.

Fees.

1)

Application fees have been established by the mayor and city council and are listed on an official fee schedule kept on file by the community development department or designee and available on the city website.

2)

Before review of an application, all application fees must be paid in full.

d.

Completeness determination.

1)

All applications must be complete before they can be filed and processed by the city.

2)

An application is considered complete when it contains all of the information necessary to decide whether or not the application will comply with all of the applicable requirements of the UDO.

3)

The presumption is that all the information listed as required in the city's application forms is necessary to satisfy the requirements of this UDO. However, it is recognized that each application is unique, and more information may be required according to the specifics of an application. The applicant may rely on the community development director or designee to determine whether more or revised information must be submitted after application intake.

4)

No application will be considered complete if it fails to meet the requirements of section 12.05.B.7., lapse of time requirement for reapplication, and will not be accepted.

3.

Application intake and initial administrative review.

a.

Complete applications must be submitted in accordance with the schedule established by the community development director or designee. Application schedules indicating submittal dates are developed each year and made available on-line on the city's website and to the public at the community development offices (or office of designee).

b.

In reviewing the application, the community development director or the zoning official may determine that some of the application materials need to be revised or additional information, such as impact studies, is needed to determine if the application is in compliance with city land use policies and the provisions of the UDO, and will inform the applicant of these additional application requirements.

c.

Once an application has been filed, the community development director or the zoning official will assign a case number and review the application and attached information and determine what review authorities will initially examine it. The zoning official will confirm with the applicant the proposed schedule for related upcoming meetings and hearings. Refer to the appropriate sections of this article for procedures pertinent to each type of application.

4.

Revised Application Materials.

a.

All revised application materials must be submitted to the community development department or designee who will route the materials to the appropriate review bodies.

b.

No revised plans may be sent directly to any of the boards or commission of this chapter, or to the mayor or city council, by an applicant.

c.

No revised application materials, either hard copy or electronic, may be submitted to the community development department or designee less than three days prior to a scheduled public meeting or public hearing, unless requested by the mayor and council to do so.

5.

Withdrawal of an application.

a.

Any application may be withdrawn at any time at the discretion of the applicant by providing written notice to the zoning administrator or designee.

b.

No portion of a required application fee will be refunded after the case has been advertised on any application withdrawn.

c.

For applications for legislative review, the withdrawn application will be announced at the city council meeting whether a public hearing has been held or not.

d.

Reserved.

6.

Notice of decision and recording.

a.

Within ten working days after a decision is made, a copy of the decision shall be sent to the applicant by the community development director or designee. In the case of permit issuance, the permit constitutes written notice of the decision.

b.

A record of the action taken on each application will be kept on file in the offices of the community development department or designee and are a matter of public record.

7.

Lapse of time requirement for reapplication. The following shall apply to the reapplication for a legislative review application:

a.

No application or reapplication for any zoning map amendment affecting the same land or any portion thereof shall be acted upon within 12 months from the date of last action by the mayor and city council that defeated a previous rezoning application (the "last date of unfavorable determination of rezoning") unless such 12-month period is waived by the mayor and city council, and in no case may such an application or reapplication be reconsidered in less than six months from the last date of unfavorable determination of rezoning. Any time after six months from the last date of unfavorable determination of rezoning, the applicant may apply for a waiver by demonstrating material change in the applicant's circumstances or plans. The mayor and city council may, but shall not be required to, approve of a waiver if the mayor and city council deems that a waiver would be in the best interest of the city's development or general health, welfare, and public safety.

b.

No application or reapplication for the same type of variance or special land use permit affecting the same land or any portion thereof shall be acted upon within 12 months from the date of last action by the mayor and city council that defeated a previous variance or special land use permit application ("last date of unfavorable determination of variance or SLUP") unless such 12-month period is waived by the mayor and city council and in no case may such an application or reapplication be reconsidered in less than six months from the last date of unfavorable determination of variance or SLUP. Any time after six months from the last date of unfavorable determination of variance or SLUP, the applicant may apply for a waiver from the mayor and council by demonstrating material change in the applicant's circumstances or plans. The mayor and city council may, but shall not be required to, approve of a waiver if the mayor and city council deems that a waiver would be in the best interest of the city's development or general health, welfare, and public safety.

C.

Public notice requirements.

1.

The notice requirements for each type of application are prescribed in the individual subsections of this article.

2.

When a public notice or hearing is required, the fact that the notice is not received due to an error that was not the fault of the city does not prevent the public hearing from happening, change any decision made at the public hearing, or prevent the application from continuing to move forward through the review process.

3.

The types of public notice are:

a.

Published notice for a non-variance request. Where published notice is required, for a non-variance request, notice of the public hearing must be published by the community development director or designee at least once in a newspaper generally circulated within the city at least 15 calendar days, but not more than 45 calendar days, prior to the date of the public hearing, or meeting.

b.

[Reserved.]

c.

[Reserved.]

d.

Posted notice (signage) for a non-variance request. Where posted notice is required, a sign must be posted in a conspicuous location on the property. In the case of multiple parcels, sufficient signs must be posted to provide reasonable notice to interested persons. Signs must be posted by the community development department or designee as per specifications approved by the mayor and city council at least 15 calendar days prior to the date of the public hearing and will be removed within three days of the date of final action by the city council.

e.

Published notice for a variance request. Where published notice is required, for a variance request, notice of the public hearing must be published by the community development director or designee at least once in a newspaper generally circulated within the city at least 30 calendar days prior to the date of the public hearing.

f.

Posted notice (signage) for a variance request. Where posted notice is required, a sign must be posted in a conspicuous location on the property. In the case of multiple parcels, sufficient signs must be posted to provide reasonable notice to interested persons. Signs must be posted by the community development department or designee as per specifications approved by the mayor and city council at least 30 days prior to the date of the public hearing, and will be removed within three days of the date of final action by the city council.

g.

For a variance request, written notice must be sent to the property owner at least 30 days before the public hearing.

The community development director or designee may, but shall not be required to, adopt and implement additional optional methods of public notice at their discretion, including but not limited to, mail or website.

4.

Content of notice. Required notice of a public hearing must provide at least the following:

a.

A case number;

b.

The address of the subject property (if available);

c.

The general location of the land that is subject of the application, which may include a location map;

d.

A description of the action requested;

e.

In the case of a proposed zoning map amendment, the current and proposed zoning districts;

f.

The time, date and location of the public hearing or meeting;

g.

A phone number and e-mail address to contact the community development department or designee; and

h.

A statement that interested parties may appear at the public hearing or meeting.

5.

The notice requirements for certain types of public hearings are established in the Table 12-3:

Table 12-3 Notice Requirements

Notes:

1.

Includes board of adjustments and appeals hearings.

2.

In the historic district.

3.

Commercial filming permit — A minimum notice of three days must be delivered to all businesses and/or residences by the applicant in the immediate vicinity of the proposed filming site. The notice may be given by mobile illuminated signs, leaflets, mailed notice, by temporary signage in the public right-of-way or any other means designed to effectuate the notice requirements of this subsection. The method of giving such notice shall be subject to the approval of the community development director.

6.

When a proposed zoning decision is related to an amendment of the UDO initiated by the City of Douglasville that revises items below, the City of Douglasville shall comply with the zoning decision procedures set forth in O.C.G.A. §36-66-4(h). Owner initiated applications are exempt from the procedures of O.C.G.A. §36-66-4(h). Revision actions to include:

a)

one or more zoning classification or definitions related to single-family residential uses to allow multi-family uses to such single-family residential zoning classification;

b)

abolish single-family residential classifications; or

c)

allow properties to deviate from existing zoning requirements in single-family residential zoning district.

(Ord. No. O-2024-33, § 2, 8-19-24)

A.

Applications. Applications for annexation of parcels may be submitted to the community development director or designee consistent with state law. Only whole parcels may be considered for annexation, and such parcels may not form an illegal unincorporated island. At a minimum, the application shall include:

1.

A petition document stating:

a.

the specific state law basis for request, i.e. 100-percent method; and

b.

a legal description of the subject parcel to be annexed.

2.

A completed annexation request or application form showing the tax parcel number(s) of the subject property, the proposed city zoning district, the existing county zoning district, the acreage, the signature of the owner(s) as applicant(s);

3.

A written zoning verification of the property from the Douglas County government, dated within the 90 days immediately preceding application;

4.

A title certificate from a licensed Georgia attorney, dated within the 90 days immediately preceding application, stating the names and interests of all fee owners, and stating the book and page numbers for all recorded deeds vesting title; for tax deeds, the title opinion must show foreclosure or expiration of any right of redemption and a final order granting fee simple title from the subsequent quiet title civil action;

5.

Copy(ies) of all deed(s) showing fee ownership;

6.

A recent survey of the subject property by a licensed surveyor, showing access to a public road, either directly or via a private road or driveway;

7.

A map showing the contiguity of the subject property to the city limits and the zoning districts of all abutting parcels;

8.

A complete zoning application; and

9.

Proof of paid ad valorem taxes for the subject property.

B.

Initial review. The city council shall decide whether to accept an application for annexation prior to its acceptance and review by city staff. If the city council decides to accept the application, the application will then be reviewed by city staff, and if accepted as complete and valid, notice will be given to Douglas County and the Douglas County Board of Education as required under state law. If the application is incomplete or invalid, it will be rejected, and the applicant will be notified. Due to statutory time limits on notices, a rejected application cannot be amended, but a new application may be submitted in whole.

C.

DRI. If it is determined that the proposed annexation or zoning requires a Determination of Regional Impact (DRI) or any related matter, the applicant shall be so informed and requested to assist the city in preparing an application or taking other appropriate action and completing that process prior to processing the application further.

D.

Objections by Douglas County. If the Douglas County Board of Commissioners objects to the proposed annexation, no final action shall be taken to approve the annexation until statutory procedures under Georgia law for resolving the objections have been completed.

E.

Processing of zoning application. If not delayed by county objections or DRI, the related zoning application shall be advertised and processed to the planning commission for public hearing within 90 days after submission. Thereafter, the zoning application and the annexation application shall be considered by the mayor and city council.

F.

Withdrawal by the applicant at council meeting. Prior to voting upon any annexation matter, the mayor and council shall first vote upon the related zoning application for the subject property. Thereafter, if the applicant is dissatisfied with the city council's zoning decision regarding the property, the applicant may immediately and verbally withdraw the annexation application and terminate consideration of the matter.

(Ord. No. O-2024-33, § 2, 8-19-24)

A.

Application requirements.

1.

An application for rezoning approval shall be submitted to the planning and zoning division or designee on official forms. A non-refundable fee shall accompany the application when applicable.

2.

An application for rezoning approval must include the following:

a.

Letter of request;

b.

The applicant's response to each of the standards for approval for the rezoning;

c.

A legal description of the property proposed to be used;

d.

The names and addresses of the owners of the subject property, and their agents if any, and proof of ownership (i.e., deed, warranty deed);

e.

Notarized consent of the owner if applicant is not owner;

f.

The present and proposed zoning classification for the subject property;

g.

A map of the property sought to be rezoned showing its location in the city and its relationship to abutting properties, public facilities, and public services including the zoning classification of all abutting properties;

h.

A recent survey plat showing the dimensions and location of the subject property prepared by a land surveyor whose state registration is current and valid and whose seal is affixed to the plat;

i.

Information regarding the demand that will be placed on public facilities and services by any contemplated development, including but not limited to increased population density, traffic volume, school enrollment, drainage, traffic, and utility facilities;

j.

Proof that all city, county, and state ad valorem taxes due upon the property have been paid in full;

k.

Campaign contribution disclosure report by the applicant and the applicant's attorney, if applicable, in accordance with O.C.G.A. section 36-67A-1.

B.

Withdrawal.

1.

An applicant may withdraw an application for a zoning change at any time prior to final action by the city council.

2.

Refund of filing fees shall be guided by the following:

a.

If the request for withdrawal is received by the community development director or designee prior to publication of the public notice for the application (or when publication is irrevocably set), all fees paid for filing such application shall be returned to the applicant.

b.

If the request for withdrawal is received by the community development director or designee after publication of the public notice for the application (or after such publication is irrevocably set), all fees paid for filing such application shall be retained by the city.

(Ord. No. O-2024-33, § 2, 8-19-24)

A.

Amendment to the text or zoning map of this UDO.

1.

Initiation and hearing of text or zoning map amendment.

a.

The city council by resolution, the mayor individually, the planning commission by majority vote, or any city official designated by the mayor and city council may initiate an amendment to the text or zoning map of this UDO, including the adoption of a new ordinance or zoning map to replace this UDO in whole.

b.

Before the city council may take final action on a proposed text or map amendment, the planning commission shall hold a public hearing on the proposal.

c.

Construction of any use, building, structure, or other improvements for which a land disturbance permit or building permit has been issued in conformity with this UDO prior to the effective date of a text amendment may continue to completion as though no change had occurred as long as the permit remains valid.

2.

Public notice. At least 15 days but not more 45 days prior to each public hearing, notice of the hearing on the proposed text or zoning map amendment shall be published in a newspaper of general circulation within the city. The community development department or designee shall prepare such notice, which shall state the time, place and purpose of the hearing.

3.

Planning commission public hearing. The public hearing held by the planning commission for an amendment shall be conducted in the following manner:

a.

The public hearing shall be convened at the scheduled time and place by the chairperson, the vice-chairperson or the planning commission's designee, who shall act as the presiding official.

b.

The presiding official shall call for each proposed amendment to be presented to the planning commission.

c.

No person in attendance shall speak unless first formally recognized by the presiding official.

d.

At the public hearing concerning the amendment, any persons in support of or in opposition to the amendment shall be allowed to present testimony.

e.

For each amendment, the proponents of the amendment shall have no less than ten minutes for presentation of data, opinions and evidence at the public hearing, and opponents of the amendment shall likewise have a minimum of ten minutes for presentation. The proponents of each amendment shall have a collective maximum of 20 minutes for their presentations, and the opponents of each amendment likewise shall have a collective maximum of 20 minutes for their presentations, unless these time limitations are waived at the discretion of the presiding official.

f.

[Reserved.]

g.

At the public hearing on the amendment or at their next regular meeting, the planning commission shall make its recommendation or take such other action as it may deem appropriate.

1)

A motion to recommend approval or denial of an amendment must be approved by an affirmative vote of a quorum of a majority of those members present and voting for the motion to be approved.

2)

If a motion to recommend approval of an amendment fails, the amendment is automatically recommended for denial. If a motion to recommend denial of an amendment fails, another motion would be in order.

3)

The chairman shall not be a voting member of the board. However, in the case of a tie vote on any motion, the chairman shall have a vote to break the tie.

4)

If no action is taken on an amendment, it will go forward to the city council with no recommendation.

4.

City council public hearing.

a.

The city council shall consider a proposed amendment at their first or second scheduled meeting following the recommendation of the planning commission.

b.

The presiding official shall call for each proposed amendment to be presented to the city council.

c.

No person in attendance shall speak unless first formally recognized by the presiding official.

d.

At the public hearing concerning the amendment, any parties in support of or in opposition to the amendment shall be allowed to present testimony.

e.

For each amendment, the proponents of the amendment shall have no less than ten minutes for presentation of data, opinions and evidence at the public hearing, and opponents of the amendment shall likewise have a minimum of ten minutes for presentation. The proponents of each amendment shall have a collective maximum of 20 minutes for their presentations, and the opponents of each amendment likewise shall have a collective maximum of 20 minutes for their presentations, unless these time limitations are waived at the discretion of the presiding official.

f.

[Reserved.]

g.

For each application, the applicant or his representative shall speak first. The applicant and proponents of the application shall have no more than 20 minutes collectively for presentation of data, opinions and evidence at the public hearing, unless these time limitations are waived at the discretion of the presiding official, and the applicant may speak for the entire time allotted to the proponents, leaving no time for other proponents to speak. Opponents of the application shall likewise have no more than 20 minutes collectively for their presentations, unless these time limitations are waived at the discretion of the presiding official. Each individual, other than the applicant or the applicant's representative or witness, at a public hearing shall have not more than five minutes to speak, unless these time limitations are waived at the discretion of the presiding official. No speaker may yield his speaking time to another person, and no person may reserve the right to speak a second time. Any time spent speaking in response to a question by an elected official shall not count against the speaker's allotted speaking time.

h.

After the public hearing and presentation by the community development department or designee, action shall be considered by vote of the city council.

1)

A motion to approve or deny an amendment must be approved by an affirmative vote of city council as established in the city charter.

2)

If a motion to approve an amendment fails, the amendment is automatically denied. If a motion to deny an amendment fails, another motion would be in order.

3)

In the event of a tie vote, the mayor may cast a vote. If there is a tie vote with the mayor's vote, or in the absence of the mayor on a motion for approval of an amendment shall be deemed a denial of the amendment. A tie vote on any other motion shall be deemed to be no action, and another motion would be in order.

4)

If no action is taken on an amendment, it shall be considered tabled and action deferred to the next regular meeting of the city council.

i.

In taking action on an amendment, each city council may:

1)

Approve, approve with changes, or deny the proposal; or,

2)

Table the proposal for consideration at a later meeting; or,

3)

Refer the amendment back to the planning commission for further consideration.

j.

No request shall be tabled more than twice, nor tabled for a cumulative period exceeding 45 days.

5.

Standards for amendments. The planning commission and the city council shall consider the following standards in considering any proposal that would result in a change to the text or map of this UDO, giving due weight or priority to those factors that are appropriate to the circumstances of each proposal:

a.

Is the proposed amendment consistent with the purpose and intent of this UDO as stated under article I, introductory provisions?

b.

Does the proposed amendment further or is it compatible with the purpose and intent of the most recent Comprehensive Plan?

c.

Is the proposed amendment required to adequately address new or changing conditions or to properly implement the most recent Comprehensive Plan?

d.

Does the proposed amendment reasonably promote the public health, safety, or general welfare?

e.

For a map amendment rezoning property:

1)

Will the proposed use cause an unsafe increase in traffic congestion in the surrounding area?

2)

Are nearby railroad crossings adequate to safely handle any resulting increases in heavy trucks and heavy equipment?

3)

Will the proposed use generate unreasonable pollution or negative environmental effects, including but not limited to dust, noise, contamination of surface water or water table, or unreasonable level of light at night?

4)

Will the proposed use generate unreasonable levels of vibration which may damage structures or business operations in the surrounding area?

5)

Will the effects of proposed use cause or contribute to devaluation of property in the surrounding area for future use of the property as currently zoned or used?

6)

Will the effects of proposed use cause or contribute to devaluation of existing businesses in the surrounding area?

7)

Is the proposed use consistent with existing uses and zoning of nearby property?

8)

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

9)

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

10)

The suitability of the subject property for the zoned purposes.

11)

The length of time the property has been vacant as zoned considered in the context of land development in the area in the vicinity of the property.

12)

Are public services, public facilities and utilities adequate to serve the proposed use?

13)

Will the proposed use result in an over-concentration of the subject use type within the area of the proposed use?

14)

Will the aesthetic and architectural design of the site be compatible with the intent and requirements of the comprehensive plan, the character area study, and all applicable zoning ordinance regulations?

15)

Will the proposed use be compatible with adjacent properties and land uses, based on consideration of the size, scale and massing of proposed buildings and the overall site design?

6.

Effect.

a.

For a property on which a use, building, structure or other improvements existed in conformity with this UDO prior to the effective date of a text amendment affecting the property, any such use, building, structure or other improvements no longer in conformance shall be governed under the provisions for nonconforming uses in article 2, use regulations and restrictions, of this UDO.

b.

Construction of any use, building, structure, or other improvements for which a building permit has been issued in conformity with this UDO prior to the effective date of a text amendment may continue to completion as though no change had occurred and, upon completion, shall be governed under the provisions for nonconforming uses in article 2, use regulations and restrictions, of this UDO, as applicable.

B.

Dimensional and locational variances.

1.

The city council may authorize dimensional and locational variances from the terms of this UDO that are not contrary to the public interest where, due to special conditions and not to the intentional conduct of the applicant, the literal enforcement of the provisions of this UDO would result in an unnecessary hardship. The city council may not authorize variances which are unrelated to dimension or location. The city council's variance authority shall not be limited as to the amount variance which may be granted, so long as all UDO standards and requirements for variances are met.

2.

A variance from the terms of this UDO shall not be granted by the city council unless and until a complete application for a variance is submitted demonstrating that special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures, or buildings in the same district.

3.

For variances to be considered by the city council, notice of a public hearing shall be given as required in section 12.05(C).

4.

In granting a variance, the city council may impose such conditions as may be necessary to comply with the factors herein to reduce or minimize potential injurious effects of such variance upon neighboring properties and to carry out the general purpose and intent of this UDO.

a.

In making such determination, the city council shall consider all of the following factors whether:

1)

The subject property will yield a reasonable return or whether there can be any beneficial use of the property without a variance;

2)

The essential character of the neighborhood would be substantially altered or whether adjoining properties would suffer a substantial detriment as a result of the variance;

3)

The variance would adversely affect the delivery of government services (i.e., water, sewer, garbage);

4)

The property owner's predicament feasibly can be obviated through some method other than a variance;

5)

The spirit and intent behind the UDO requirement would be observed and substantial justice done by granting the variance; and

6)

Any other relevant factor to assist the city council in weighing and balancing the public and private benefits and harms of the requested relief as being necessary.

b.

No nonconforming use of neighboring lands, structures, or buildings in the same district, and no permitted or nonconforming use of lands, structures, or buildings on other districts shall be considered grounds for the issuance of a variance.

c.

Financial hardship alone is not a valid reason for requesting and receiving approval of any variance.

5.

In granting any variance, the city council may prescribe appropriate conditions and safeguards in conformity with the intent of this UDO.

6.

In granting any variance, the city council shall authorize only the minimum variance that it deems necessary and adequate that will provide adequate relief.

7.

Violations of such conditions and safeguards, when made a part of the terms under which the variance is granted, shall be deemed a violation of this UDO and punishable under the provisions of this UDO.

8.

Under no circumstances shall the city council grant a variance to allow a use not permitted under the terms of this UDO in the district involved, or any use expressly, or by implication, prohibited by the terms of this UDO in the district where the variance is being considered.

9. Concurrent variances. The city council may consider a concurrent variance from any standards of the UDO which shall be filed simultaneously with rezoning requests or special land use permit requests on the same property based on the conceptual plan submitted with the petition for the same agenda. The planning commission shall also hear and make recommendations on concurrent variances filed with rezoning requests or special land use permit applications. The city council shall consider such concurrent variance requests in accordance with the standards set forth in section 12.08.B. Public notification shall be in accordance with section 12.05.C.

C.

Appeal of administrative review.

1.

Hearings, appeals, notice.

a.

Appeals to the city council concerning interpretation or administrative action of the community development director or their designee may be taken by any person, board, commission, council or body aggrieved by any decision rendered.

b.

Appeals shall be taken within a reasonable time, not to exceed 30 days by filing with the city council a notice of appeal specifying the reasons for the appeal.

c.

The community development director or his designee shall provide to the city council all documents constituting the record upon which the action appealed from was taken. The city council shall fix a reasonable time for the hearing of an appeal, give due notice thereof to all parties in interest, and after hearing, decide the same within a reasonable time. At the hearing, any party in interest may appear in person, or by agent or attorney, and be heard.

2.

Stay of proceedings.

a.

An appeal stops all decisions from proceeding unless the community development director, his designee or other person or board from whose action the appeal is taken certifies to the city council that a stay would cause imminent peril to life and property.

b.

In such case, proceedings may be stayed by a restraining order issued by the city council or by a court of record, on application, on notice to the parties of interest and for good cause shown.

3.

Hearing of appeal.

a.

The city council shall conduct a public hearing as described in section 12.05.

b.

The city council shall have the power to reverse or affirm, wholly or partly, or to modify the order, requirement, decision, or determination to be made, and shall have the powers of the person from whom the appeal is taken.

4.

City council appeals decisions.

a.

All city council appeals decisions shall be in writing and shall contain findings of facts and conclusions of law.

b.

Decisions shall be mailed to the applicant without unreasonable delay after the close of the hearing.

c.

Where an application has been denied, no new application based substantially on the same facts shall be filed or considered by the city council unless the application complies with subsection 12.05.B.7., lapse of time requirement for reapplication.

5.

Appeals from the city council appeal decision. Appeals from the city council appeal decision shall be made in accordance with O.C.G.A. Section 36-66-5.1 within 30 days of the date of the appeal decision.

D.

Special land use permit (SLUP) and temporary land use permit (TLUP).

1.

Procedure. The planning commission shall review and make recommendation to the mayor and city council regarding special land use permits (SLUPs) and temporary land use permits as regulated in this section.

a.

The planning commission shall conduct a public hearing as described in section 12.05.

b.

The planning commission shall consider the nature and condition of all adjacent uses and structures and in recommending approval of a special land use or temporary land use and may recommend requirements and conditions, in addition to those expressly stipulated in this UDO, as it may deem necessary for the protection of adjacent properties and the public interest.

c.

The planning commission shall not recommend a special land use or temporary land use unless:

1)

The establishment, maintenance or operation of the use will not be detrimental to or endanger the public health, safety or general welfare;

2)

The use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, or will not substantially diminish and impair property value within the neighborhood;

3)

The special land use or temporary land use will be located in a district where such use is permitted and that all requirements set forth in this UDO and applicable to such conditional use will be met.

In deciding whether to recommend any special land use or temporary land use, the planning commission shall consider the following:

1)

Will the proposed special or temporary use cause an unsafe increase in traffic congestion in the surrounding area?

2)

Are nearby railroad crossings adequate to safely handle any resulting increases in heavy trucks and heavy equipment?

3)

Will the proposed special or temporary use generate unreasonable pollution or negative environmental effects, including but not limited to dust, noise, contamination of surface water or water table, or unreasonable level of light at night?

4)

Will the proposed special or temporary use generate unreasonable levels of vibration which may damage structures or business operations in the surrounding area?

5)

Will the effects of proposed special or temporary use cause or contribute to devaluation of property in the surrounding area for future use of the property as currently zoned or used?

6)

Will the effects of proposed special or temporary use cause or contribute to devaluation of existing businesses in the surrounding area?

7)

Is the proposed special or temporary use consistent with existing uses and zoning of nearby property?

8)

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

9)

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

10)

The suitability of the subject property for the zoned purposes.

11)

The length of time the property has been vacant as zoned considered in the context of land development in the area in the vicinity of the property.

12)

Are public services, public facilities and utilities adequate to serve the proposed use?

13)

Will the proposed use result in an over-concentration of the subject use type within the area of the proposed use?

14)

Will the aesthetic and architectural design of the site be compatible with the intent and requirements of the comprehensive plan, the character area study, and all applicable zoning ordinance regulations?

15)

Will the proposed special or temporary use be compatible with adjacent properties and land uses, based on consideration of the size, scale and massing of proposed buildings and the overall site design?

2.

Decisions of the planning commission.

a.

The planning commission may, by a vote by an affirmative vote of a quorum of a majority of those members present to:

1)

Recommend to city council that the special land use or temporary land use be approved as requested; or

2)

Recommend to city council that the special land use or temporary land use be approved with conditions; or

3)

Recommend to city council denial of the special land use or temporary land use.

b.

The recommendation shall be forwarded in writing to city council within 30 days of the planning commission's vote, after which a public hearing shall be held by city council in accordance with its rules of procedure.

c.

A special land use shall become null and void at the end of 12 months from date on which city council approves the special use, unless within such time period the applicant applies for and obtains a certificate of occupancy for the location of the special use from the building official.

d.

A temporary land use shall become null and void after the end date listed on the ordinance granting the temporary land use.

3.

Voluntary termination of a special land use or temporary land use permit.

a.

The owner of the property approved for a special land use or temporary land use permit may voluntarily request termination of the use permit by notifying the community development director or designee in writing. The director shall notify city council of voluntary terminations as they occur and request a referral of the matter to the planning commission for termination via the approval process for such permits.

b.

The approval of a special land use or temporary land use permit for a specific use which may be operated by a lessee under a private agreement with a lessor in any zoning district shall not obligate city council to be responsible for or be required to resolve any disputes which may arise out of the voluntary termination of the special land use or temporary land use permit by the property owner.

4.

Change in conditions or modification of a special land use or temporary land use permit. Changes to the conditions or modification of an approved special land use permit shall be subject to the same application, review and approval process as a new application, including the payment of relevant fees.

5.

Establishment of special land uses: Administrative reviews.

a.

The staff of the community development department shall conduct an administrative review of all special land use permits within one year from the date of approval of such special land use permit. The administrative review shall be set forth in writing and shall advise the city council of staff's determinations as to whether or not the use has been established and, if so, if it has been established in conformance with any conditions placed upon the approval. Staff may recommend to modify or eliminate the conditions of approval where such conditions have been satisfied or, due to the passage of time and the happening of circumstances, are no longer applicable. Any such change or modification may be reviewed and changed or eliminated by the city council. If the use has not been established, staff shall so advise the city council, but shall also advise whether the applicant is proceeding with due diligence in establishing the use in accordance with the conditions placed upon the special land use permit approval.

b.

Upon receipt of the administrative review conducted by staff, the city council may receive the report on the record at a public meeting and give staff such direction as it, in its sole discretion, deems necessary. Alternatively, if the city council, in its discretion, determines that the applicant is not proceeding with due diligence to establish the special land use permit in accordance with the conditions placed on the approval, then it may direct staff to so advise the applicant of its concerns and, further, to schedule a hearing pursuant to notice in accordance with this chapter ordering the applicant to show cause why the special land use permit should not be referred to the planning commission to initiate consideration for revocation due to a failure to establish the use or to proceed with due diligence in establishing the use in accordance with the conditions placed on the approval.

(Ord. No. O-2024-33, § 2, 8-19-24)

From time to time, the city council may adopt fees for the submission of applications and such other activities and authorizations as regulated by this UDO, and may adopt schedules of dates, times and places as appropriate and necessary to regulate the application, review and hearing processes required by this UDO.

(Ord. No. O-2024-33, § 2, 8-19-24)

A.

Code compliance officer.

1.

The code compliance officer shall have the power to conduct such investigations as may be reasonably deemed necessary to assure or compel compliance with the requirements and provisions of this UDO, and for this purpose to enter at reasonable times upon any property for the purpose of investigation and inspection.

2.

No person shall refuse entry or access to any authorized representative or agent of the city, the Georgia Soil and Water Conservation Commission, the U.S. Army Corps of Engineers, or the Georgia Environmental Protection Division who requests entry for the purposes of inspection, and who presents appropriate credentials, nor shall any person obstruct, hamper or interfere with any such representative while in the process of carrying out his official duties.

B.

Inspection. If the code compliance officer or his designee finds that a provision of this UDO or a condition of approval established in connection with a grant of a variance, special or temporary land use permit, or zoning change is being violated, the code compliance officer shall notify the person responsible for such violation in writing, indicating the nature of the violation and ordering the action necessary to correct it. Upon continuing non-compliance, or initially in the case of an immediate threat to the public health or safety, the city's code compliance officer or his/her designee shall have authority to issue citations and to prosecute violations before a court of competent jurisdiction and to pursue any other remedy or relief as provided under Georgia law.

C.

Cease and desist orders. The code compliance officer shall order discontinuance of illegal use of land, buildings or structures; removal or relocation of illegal buildings or structures or of illegal additions, alterations or structural changes; discontinuance of illegal work being done; or shall take any other appropriate or necessary action to ensure compliance with or to prevent violation of the provisions of this UDO.

D.

Enforcement for floodplain matters. Any action or inaction which violates the provisions of this UDO regarding floodplain management/flood damage prevention, or the requirements of an approved stormwater management plan or permit, may be subject to the enforcement actions outlined in this subsection. Any such action or inaction which is continuous with respect to time is deemed to be a public nuisance and may be abated by injunctive or other equitable relief. The imposition of any of the penalties described below shall not prevent such equitable relief.

1.

Notice of violation. If the community development director or designee determines that an applicant or other responsible person has failed to comply with the terms and conditions of a permit, an approved stormwater management plan or the provisions of this UDO, they shall issue a written notice of violation to such applicant or other responsible person. Where a person is engaged in activity covered by this UDO without having first secured a permit therefor, the notice of violation shall be served on the owner or the responsible person in charge of the activity being conducted on the site. The notice of violation shall contain:

a.

The name and address of the owner or the applicant or the responsible person;

b.

The address or other legal description of the site upon which the violation is occurring;

c.

A statement specifying the nature of the violation;

d.

A description of the remedial measures necessary to bring the action or inaction into compliance with the permit, the stormwater management plan or this UDO and the date for the completion of such remedial action;

e.

A statement of the penalty or penalties that may be assessed against the person to whom the notice of violation is directed; and

f.

A statement that the determination of violation may be appealed to the board of adjustments and appeals by filing a written notice of appeal within 30 days after the notice of violation (except, that in the event the violation constitutes an immediate danger to public health or public safety, 24 hours' notice shall be sufficient).

2.

Administrative penalties. In the event the remedial measures described in the notice of violation have not been completed by the date set forth for such completion in the notice of violation, any one or more of the following actions or administrative penalties may be taken or assessed against the person to whom the notice of violation was directed, in addition to any civil or criminal penalties authorized by this UDO or under Georgia law. Before taking any of the following actions or imposing any of the following penalties, the City shall first notify the applicant or other responsible person in writing of its intended action, and shall provide a reasonable opportunity, of not less than ten days (except, that in the event the violation constitutes an immediate danger to public health or public safety, 24 hours' notice shall be sufficient) to cure such violation. In the event the applicant or other responsible person fails to cure such violation after such notice and cure period, the city may take any one or more of the following actions or impose any one or more of the following administrative penalties:

a.

Stop-work order. The city may issue a stop-work order which shall be served on the applicant or other responsible person. The stop-work order shall remain in effect until the applicant or other responsible person has taken the remedial measures set forth in the notice of violation or has otherwise cured the violation or violations described therein, provided the stop-work order may be withdrawn or modified to enable the applicant or other responsible person to take the necessary remedial measures to cure such violation or violations.

b.

Withhold certificate of occupancy. The city may refuse to issue a certificate of occupancy for the building or other improvements constructed or being constructed on the site until the applicant or other responsible person has taken the remedial measures set forth in the notice of violation or has otherwise cured the violations described therein.

c.

Suspension, revocation or modification of permit. The city may suspend, revoke or modify the permit authorizing the development project. A suspended, revoked or modified permit may be reinstated after the applicant or other responsible person has taken the remedial measures set forth in the notice of violation or has otherwise cured the violations described therein, provided such permit may be reinstated (upon such conditions as the city may deem necessary) to enable the applicant or other responsible person to take the necessary remedial measures to cure such violations.

E.

Enforcement for other matters. Stop-work orders, permit modifications and suspensions. The community development director and the building official and/or their designees shall have the authority to issue the following:

1.

A stop-work order stopping work indefinitely for an entire project; or

2.

A cease and desist order stopping any activity within the project or to stop work on any portion of the project for a definite or indefinite period;

3.

Where work on any project is being done contrary to the provisions of this UDO, contrary to the provisions of the permit or in a dangerous or unsafe manner, the permit, if any, shall be suspended or modified. All cease and desist orders issued for a duration of more than three days, and all stop-work orders, shall be issued in writing and shall be delivered to any responsible party present at the property, and shall state the conditions under which work may be resumed. Failure of personal delivery of the notice shall not constitute grounds for termination of the order. Said written notice shall further be mailed by certified mail to the owner within three working days of issuance of the order. Orders may be terminated by the community development director or building official or their designees upon confirmed satisfaction of the stated conditions for resumption or for other good cause.

Where in the opinion of the community development director or the building official or their designees an emergency exists, no written notice shall be required.

(Ord. No. O-2024-33, § 2, 8-19-24)

A.

Penalties for violation of this UDO. Any person violating any of the terms or provisions of this UDO shall be tried in the Douglasville Municipal Court (or, in the case of revocation of business licenses as applicable, by the city council) and, upon conviction, shall be punished as provided in this UDO, the charter of the City of Douglasville, the Code of Ordinances of the City of Douglasville, and applicable state law and regulations. Each day such violation continues shall be deemed a separate offense. Penalties for violations are as follows:

1.

Failure to obtain a permit for land-disturbance or development activity. If any person commences, or any property owner allows commencement, of any land-disturbing or development activity requiring a land-disturbing or development permit without first obtaining said permit, they shall be subject to revocation of their business license, work permit or other authorization for the conduct of a business and associated work activities at the site of the property.

2.

Civil penalties. Any person violating any provisions of this ordinance, permit conditions, or stop-work order shall be liable for civil penalties consistent with this UDO, the City Code, the City Charter and applicable state laws. Each day the violation continues shall constitute a separate offense.

3.

Bond forfeiture. If, through inspection, it is determined that a person engaged in any land-disturbing or development activity has failed to comply with the approved plan, a written notice to comply shall be furnished to such person. The notice shall set forth the requirements necessary to achieve compliance with the plan and shall state the time within which such requirements must be completed. If the person engaged in the land-disturbing or other development activity fails to comply within the time specified, he/she shall be deemed in violation of this ordinance and, in addition to other penalties, shall be deemed to have forfeited his performance bond or irrevocable letter of credit. The city may call the bond or letter of credit or any part thereof to be forfeited and may use the proceeds to stabilize the site and bring it into compliance.

4.

Additional remedies. Nothing contained in this section shall prevent the city from taking such other lawful actions as are necessary to prevent or remedy any violation, such as injunction, mandamus or other appropriate action.

B.

Penalties for floodplain violations.

1.

Civil penalties. In the event the applicant or other responsible person fails to take the remedial measures set forth in the notice of violation or otherwise fails to cure the violations described therein within ten days, or such greater period as the city shall deem appropriate (except, that in the event the violation constitutes an immediate danger to public health or public safety, 24 hours' notice shall be sufficient) after the city has taken one or more of the actions described above, the city may impose a penalty not to exceed an amount as prescribed by city ordinance for each day the violation remains unremedied after receipt of the notice of violation.

2.

Criminal penalties. For intentional and flagrant violations of this UDO, the city may issue a citation to the applicant or other responsible person, requiring such person to appear in municipal court to answer charges for such violation. Upon conviction, such person shall be punished by a fine not to exceed an amount as prescribed by city ordinance or imprisonment as prescribed by city ordinance, or both. Each act of violation and each day upon which any violation shall occur shall constitute a separate offense.

C.

Additional remedies. Nothing contained in this section shall prevent the city from taking such other lawful actions as are necessary to prevent or remedy any violation, such as injunction, mandamus or other appropriate action.

(Ord. No. O-2024-33, § 2, 8-19-24)