For the purpose of insuring that due process is afforded to the general public of the City of Ellijay, Georgia when the City of Ellijay, Georgia regulates the use of property through the exercise of zoning power, and pursuant to the authority and mandates of chapter 66 of title 36 of the Official Code of Georgia Annotated (O.C.G.A. § 36-66-1 et seq.), the City Council of Ellijay, Georgia does hereby adopt, order, and enact into law this ordinance.

(Ord. of 7-16-2001)

When used in this article [appendix], the following terms shall have the definitions and meaning hereafter set forth, alphabetically:

City council. The Ellijay City Council.

Conditional use (special use). A use approved within a zone district, generally considered compatible with the other uses allowed in the district, only after due consideration of objective criteria as applicable to the proposed conditional use.

Planning commission. The Ellijay Municipal Planning Commission or any other agency hereafter designated by the governing authority of the City of Ellijay which is authorized to investigate any proposal for a zoning decision properly coming before it, to conduct any public hearings necessary for the exercise of any zoning power, and to provide an advisory recommendation to the governing authority concerning the proposed zoning decision.

Territorial boundaries. The incorporated areas of the City of Ellijay, State of Georgia.

Zoning. The power of the City of Ellijay to provide within its territorial boundaries for the zoning and districting of property for various uses and the prohibition of other or different uses within such zones or districts and for the regulation of development and the improvement of real estate within such zones or district in accordance with the uses of property for which is said zones or districts were established.

Zoning decision. The final legislative action by the City of Ellijay which results with:

a)

The adoption of a zoning ordinance;

b)

The adoption of an amendment to a zoning ordinance which changes the text of the zoning ordinance;

c)

The adoption of an amendment to a zoning ordinance which rezones property from one zoning classification to another;

d)

The adoption of an amendment to a zoning ordinance which zones property to be annexed into the municipality, territorial boundaries of the City of Ellijay, State of Georgia; or

e)

The approval of a permit relating to a conditional use (special use) of property.

Zoning ordinance. An ordinance for the City of Ellijay establishing procedures and zones or districts within its respective territorial boundaries which regulate the use and development standards of property within such zones or districts. The terms also includes the zoning map (as hereinafter amended) adopted in conjunction with the zoning ordinance of the City of Ellijay which shows the zones and districts and zoning classifications of property therein.

(Ord. of 7-16-2001)

Initial adoption of the zoning ordinance by the City of Ellijay, State of Georgia shall comply with the following sections of this ordinance:

Section 5. regarding official action;

Section 6. regarding public notice;

Section 7. regarding a public hearing;

Section 8. regarding conduct of hearings;

Section 9. regarding zoning standards; and

Section 10. regarding conditional use standards.

(Ord. of 7-16-2001)

This ordinance and the zoning ordinance of the City of Ellijay, Georgia may be amended from time to time subject to the following conditions:

4.1.

No amendment shall become effective unless it shall have been initiated by either the city council, the planning commission, the property owner(s), or an individual who has the owner(s)' power of attorney authorizing him/her to act, or a request signed by 60 percent of the property owners who hold not less than 60 percent of the affected land; or valid annexation procedures as defined by chapter 36 of title 36 of the Official Code of Georgia Annotated. (O.C.G.A. § 36-36-1 et seq.).

4.2.

All proposed amendments or conditional use reviews shall be initiated by an application submitted to the office of the planning commission on forms provided by that office, and containing, but not limited to, the following information:

4.2.1.

Text amendment applications shall include the following:

4.2.1.1.

Name, current address, telephone number, and signature of the applicant;

4.2.1.2.

Current provisions of the text to be affected by the amendment;

4.2.1.3.

Proposed wording of the text change; and

4.2.1.4.

Reason for the amendment request.

4.2.2.

Amendments to change a zoning classification (rezoning), annex property, or review a conditional use request shall include the following:

4.2.2.1.

Name, current address, and telephone number of the applicant;

4.2.2.2.

A legal description of the property to be rezoned/annexed or reviewed for conditional use and the address of property (if applicable);

4.2.2.3.

Three copies of a plat, drawn to scale, showing north arrow, land lot and district, the dimensions, acreage and location of the tract prepared by a land surveyor whose Georgia registration is current and valid. The preparer's seal shall be affixed to the plat;

4.2.2.4.

The current zoning and existing use of the property for which the amendment is being sought;

4.2.2.5.

The requested zoning classification (not applicable for conditional use review) and the reason(s) for the change with specificity; conditional use review shall include all details concerning the proposed use including accessibility; parking; solid waste services; buffers; times of operation; signage; outdoor lighting; and estimated traffic flow.

4.2.2.6.

The name(s) and address(es) of the owner(s) of the property, and his/her/its agent(s), if any;

4.2.2.7.

The names and addresses of all owners and, if applicable, lessees of adjacent property and all other property within 200 feet of the property for which the rezoning or conditional use is sought should include adjacent properties located across a city, county, or state road or other natural course such as a river or stream. The applicant should utilize the latest information from the records of the office of the clerk of superior court of Gilmer County in determining the names and owners and the latest information from the board of tax assessors as to the address of such persons as shown in the clerk's office;

4.2.2.8.

Disclosure of campaign contributions and gifts or property/financial interest in accordance with O.C.G.A. § 36-67A[-1 et seq.] (applicable for rezoning/annexation only);

4.2.2.9.

Such other or additional information as may be requested by the planning commission or its designated representative; and

4.2.2.10.

Said application shall be sworn to be true and correct and signed by the landowner (or his/her/its authorized agent) requesting the zoning change.

4.2.3.

All applications shall be accompanied by the application fee as established by the city council and listed in a separate schedule of fees. A fee shall not be charged for applications initiated by the planning commission, staff, or the city council.

4.2.4.

An application may be withdrawn without prejudice at any time prior to the first appearance of the public notice as required by this ordinance. An application may be withdrawn prior to a vote on this amendment by the planning commission or prior to final action by the city council but in such event an application for the same property may not be resubmitted for consideration by the planning commission for a period of six months from the date of withdrawal. Unless withdrawn at the hearing, the withdrawal must be in writing, signed, and dated by the applicant.

(Ord. of 7-16-2001)

Consideration of any proposed amendment properly initiated in accordance with the provisions contained in section 4 shall be as follows:

5.1.

Upon receipt of a properly submitted application, the planning commission shall set a date for a hearing, which shall be held and conducted as specified in section 8 in this ordinance.

5.2.

At the conclusion of the hearing, the planning commission shall make a recommendation for approval, denial, or approval with conditions. This recommendation shall be in writing to the city council within 30 days after the conclusion of the hearing. If the planning commission fails to submit its recommendation within the 30-day period, it shall be deemed to have approved the proposed amendment.

5.3.

Upon receipt of the written recommendation by the planning commission, the city council shall set a date for a public hearing, which shall be advertised, held, and conducted as specified in sections 6, 7, and 8 in this ordinance.

5.4.

At the conclusion of the public hearing, the city council shall approve, deny, approve with conditions, or table the proposed amendment. An action to table the proposed amendment shall include a statement of the date and time of the next meeting at which the proposed amendment will be considered, which statement shall constitute public notice of the final action on the proposed amendment and no further notice shall be required.

5.5.

If the city council shall take official action defeating a proposed zoning amendment which seeks to rezone property or approve a permit for a conditional (special) use, then the same property may not be considered again for rezoning or conditional (special) use until the expiration of 12 months from the date of the official action of the city council.

(Ord. of 7-16-2001)

Public notice of the hearing on a proposed amendment to this ordinance or the zoning ordinance of the City of Ellijay shall be given as hereinafter set forth:

6.1.

At least 15, but not more than 45 days, prior to the date set for the public hearing, a written notice shall be published in a newspaper of general circulation in the City of Ellijay setting forth the time, place, and purpose of the public hearing.

6.2.

In addition to the requirements of subsection 6.1, if the proposed amendment calls for a zoning decision for the: 1) rezoning of property, 2) annexation to the territorial boundaries of the City of Ellijay, or 3) approval of a conditional (special use) permit:

6.2.1.

The published notice shall include the location of the property and state the present zoning classification of the property (if applicable) and the proposed zoning classification of the property (if applicable), and the proposed use requiring a conditional (special) use review (if applicable); and

6.2.2.

Not less than 15 days nor more than 45 days prior to the date of the public hearing, a sign shall be placed in a conspicuous location on the property that is the subject of the zoning decision setting forth the time, place, and purpose of the hearing, the present zoning classification of the property (if applicable), and the proposed zoning classification of the property (if applicable), or the proposed use requiring a conditional (special) use review (if applicable). Acts of vandalism or natural occurrences limiting the effectiveness of notice by a sign posted on the property shall not invalidate any proceedings or action taken on the proposed amendment; and

6.2.3.

The applicant requesting a rezoning or conditional use review shall notify each owner of adjacent property and all other property within 200 feet of the property for which the zoning decision is sought. Said notification shall be in writing, shall be given no later than 15 days prior to the date of the scheduled public hearing, and shall be made by certified mail, return receipt requested; a copy of the letter and proof of notification shall be provided to the planning commission. The applicant should utilize the latest information from the records of the office of the clerk of superior court of Gilmer County in determining the names of owners and the latest information from the board of tax assessors as to the address of such persons as shown in the clerk's office. Failure of an abutting owner to respond to the certified mail within the time frame established by the United States Postal Service (15 days) shall not void the proceedings.

6.3.

If the zoning decision is for property to be annexed into the City of Ellijay, then:

6.3.1.

The City of Ellijay shall complete the procedures required by this chapter for such zoning, except for the final vote of the municipal governing authority, prior to adoption of the annexation ordinance or resolution or the effective date of any local Act but no sooner than the date the notice of the proposed annexation is provided to the governing authority of the county as required under O.C.G.A. § 36-36-6;

6.3.2.

In addition to the notice requirements of section 6.3.1, the City of Ellijay shall provide notice of the public hearing as required under the provisions of section 6, herein; and

6.3-3

The hearing required by section 7 of this Ordinance shall be conducted prior to the annexation of the subject property into the City of Ellijay;

6.3-4

The zoning classification approved by the City of Ellijay following the hearing required herein, shall become effective on the later of: a) the date the zoning is approved by the City of Ellijay; or b) the date that the annexation becomes effective pursuant to O.C.G.A. § 36-36-2.

(Ord. of 7-16-2001)

Public hearing as required and scheduled in accordance with section 6 of this ordinance shall be held for the purpose of presenting to the public the proposed zoning amendment, and to receive comments thereon from the public. The governmental body holding the public hearing shall consider the proceedings and comments of such hearing in making any zoning decision on the proposed zoning amendment. The appropriate governmental body shall prescribe the rules of order for its deliberations on matters with which it is charged under this ordinance, and said rules of order shall be consistent with the general requirements and purposes set forth in this ordinance and other general laws of the State of Georgia concerning conduct of proceedings of public commissions, bodies, and governmental units.

(Ord. of 7-16-2001)

The following policies and procedures shall govern the conduct of hearings before the planning commission and public hearings under this ordinance:

8.1.

For the purposes of section 8 of this ordinance, the term "commission" shall refer to the planning commission, the term "council" shall refer to the Ellijay City Council, the term "chairman" shall refer to the duly elected chairman of the Ellijay Planning Commission (or his/her delegate), and the term "mayor" shall refer to the duly elected mayor of the City of Ellijay (or his/her delegate), holding and conducting the hearing/public hearing in accordance with this ordinance.

8.2.

Disclosure of Campaign Contributions. All applicants and opponents of a proposed rezoning/annexation amendment who have made, within two years immediately preceding the filing of the applicant's application for the rezoning/annexation application, campaign contributions aggregating $250.00 or more or made gifts having in the aggregate a value of $250.00 or more to a local government official who will consider the application, shall file a disclosure of campaign contributions in accordance with O.C.G.A. § 36-67A-3 on forms provided by the planning commission as follows:

8.2.1.

Any such applicant or person holding power-of-attorney for the applicant must file the disclosure within ten days after the application for the rezoning/annexation is first filed.

8.2.2.

Any such opponent must file the disclosure at least five calendar days prior to the public hearing on the rezoning/annexation application, or he/she will be prohibited from speaking at the public hearing.

8.3.

Conflict of interest. Any member of the planning commission, city council or other local official involved in the pending zoning decision that has a financial interest in the property subject to a rezoning/annexation/conditional use review application, as specified in O.C.G.A. § 36-67A-1 et seq., shall disclose the nature and extent of such interest on forms provided by the planning commission, shall disqualify himself/herself from voting on the zoning decision, and shall not take any other action on behalf of himself/herself or any other person to influence action on the application for zoning decision.

8.3.1.

A member of the council/commission may disqualify himself/herself from voting on or participating in any zoning decision whenever any person has sought to influence the vote of such member prior to the decision.

8.3.2.

No council/commission member shall represent applicants or opponents on matters on which the council/commission is to make a decision.

8.4.

The mayor/chairman shall conduct the parliamentary order of all public hearings/hearings, respectively. All witnesses to material facts shall be by testimony, administered by the chair.

8.5.

The secretary or clerk of the council/commission shall keep minutes of the proceedings, showing the vote of each member upon each question, or if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions, all of which shall be filed in the office of the council/commission as provided by law and shall be a public record. The minutes of the commission shall conform to the requirements of the Open and Public Meetings Act (O.C.G.A. § 50-14-1 et seq.).

8.6.

The mayor/chairman shall open the public hearing/hearing, respectively, with an explanation of the purpose of the hearing and a description of the general rules and procedures for the conduct of the hearing. Copies of these policies and procedures and the standards for considering zoning decisions will be made available at each hearing. The mayor/chairman may describe the authority and role of the council/commission in any zoning decision. The chairman shall chair the hearing and shall determine germaneness of any proposed comment or presentation to the planning commission in the hearing and is authorized to rule any individual or a portion of any presentation out of order if not germane to the published purpose of the hearing. Any person addressing the planning commission shall respond to questions of the chairman or any member of the commission.

8.7.

The planning commission staff or commission member will summarize the proposed amendment under consideration and may present the background and information from the staff's reviews, if any.

8.8.

The mayor/chairman shall determine whether the application for a zoning amendment is properly filed, and shall confirm the giving of proper public notice of the hearing, if applicable, on the proposed amendment in accordance with this ordinance.

8.9.

The applicant or his/her/its authorized representative shall be asked to present a description of the proposed amendment and the reason(s) for initiating the proposed amendment. Failure of the applicant or his/her/its authorized representative to be present for the hearing/public hearing shall result in automatic termination of any proceedings on the amendment and an adverse recommendation/final action on the proposed amendment by the planning commission/council, respectively.

8.10.

Members of the council/commission may have the opportunity to question the applicant or his/her/its authorized representative concerning the request for amendment.

8.11.

The mayor/chairman shall then give any person in support of the proposed amendment the opportunity to address the council/commission.

8.12.

The mayor/chairman shall then give any person opposed to the proposed amendment the opportunity to address the council/commission.

8.13.

The mayor/chairman will then given the applicant or his/her/its authorized representative the opportunity to rebut any issue(s) raised by any person addressing the council/commission in opposition to the proposed zoning amendment. The mayor/chairman may rule out of order the raising of any new issues(s) in rebuttal unless he/she deems the raising of such new issue useful to the purposes of the hearing and in which case those persons present and opposing the proposing zoning amendment shall be allocated an equal amount of time through a spokesperson or otherwise to address such new issue(s).

8.14.

General procedures governing public comments:

8.14.1.

Any person requesting to be heard on a matter germane to the purpose of the hearing must be recognized by the mayor/chairman before addressing the council/commission.

8.14.2.

Any person requesting to address the council/commission upon being recognized by the mayor/chairman must proceed to the designated podium and state his/her name, residence address, and telephone number for the record before proceeding with any comment, remark, or presentation.

8.14.3.

The council/commission, upon majority vote of those present, shall have the right to predetermine the length of any hearing allotting equal time to proponents and opponents of any proposed zoning amendment to the extent that there are both proponents and opponents who desire to be heard. The council/commission shall also have the power to recess to a time and place certain so long as a newspaper of general circulation in the City of Ellijay notified as soon as practicable of the date, time and place of the continuance of the hearing.

8.14.4.

A minimum time period of ten minutes per side shall be given to both proponents and opponents to present data, evidence, and opinion on each proposed zoning amendment. The fact that the full amount of this time nor the fact that equal time is not in fact utilized by either side shall not invalidate any proceedings or action taken on the proposed amendment.

8.14.5.

Each speaker shall speak only to the merits of the proposed amendment under consideration and shall address his/her remarks only to the council/commission.

8.14.6.

Any remark amounting to attack on the character or personal integrity of another individual, or any comment not factually supportable, or any comment in the form of an emotional outburst, or any cursing, or any disruptions of any type shall not be allowed. The mayor/chairman shall have the authority to terminate the right of any person to further participate or attend the remaining proceedings if such person violates this subsection.

8.14.7.

At any hearing, any person may appear or be represented by authorized agents or attorneys upon completion of notarized forms provided by the zoning administrator that designates power-of-attorney.

8.14.8.

During the hearing each person having the floor shall proceed without interruption by any person other than the mayor/chairman, a member of the council/commission, or the commission's legal counsel. All questions shall be directed by all parties to the mayor/chairman, provided that members of the council/commission or the commission's counsel may call for pertinent facts from the speaker, applicant, or planning commission staff at any time.

8.15.

Television, other camera equipment, or recording devices shall not be prohibited but shall be placed at locations at the meeting as directed by the mayor/chairman so that they will not be unduly disruptive.

8.16.

Nothing contained herein shall be construed as prohibiting the mayor/chairman from conducting the public hearing/hearing in an orderly and decorous manner to assure that the hearing process is conducted in a fair and orderly manner.

8.17.

A matter that has incomplete information on issues relevant to the public hearing and pending zoning decision may be tabled for a period not to exceed 60 days unless agreed to by all parties to extend such period.

8.18.

When the applicant and all proponents and opponents of the proposed zoning amendment have been heard in accordance with the foregoing procedures, the chairman/mayor shall declare the hearing/public hearing closed. No further public hearing on the proposed zoning amendment shall be required prior to the zoning decision by the council/commission.

(Ord. of 7-16-2001)

Exercise of the zoning power of the City of Ellijay, Georgia, shall constitute an effort to balance the interest of the community in promoting the public health, safety, morality, or general welfare against the right of property owners to the unrestricted use of their property. Standards governing the exercise of zoning power (annexation/rezoning) that have been duly adopted by the City Council of Ellijay, Georgia (see appendix B) in accordance with O.C.G.A. § 36-66-1 et seq. are determined to be relevant in balancing the interest in promoting the public health, safety, morality, or general welfare against the right to unrestricted use of the property.

(Ord. of 7-16-2001)

The granting of a conditional use does not constitute a permanent change in zoning or use. The conditional use can be forfeited if it does not meet the review criteria. To ameliorate the impact of a conditional use on surrounding property, no conditional use may be granted without special provisions for conditions, criteria, standards, and/or requirements as to the particular use. A permit for a conditional use (special use) shall be approved or denied, provided that due consideration is given to the objective criteria as applicable to the specific use proposed at the specific site requested (see appendix B).

(Ord. of 7-16-2001)

Copies of this zoning policies and procedures ordinance, and as amended, shall be printed and copies thereof made available for distribution to the general public in the offices of the city clerk and the Planning Commission of Ellijay, Georgia. Distribution to the general public shall be upon request of a member of the general public who shall be entitled to one copy. Copies of this ordinance, and as amended, shall also be made available at every public hearing authorized and held in accordance with this ordinance, and shall be further distributed in accordance with the Zoning Procedures Law (O.C.G.A. § 36-66-1 et seq.).

(Ord. of 7-16-2001)

12.1

Severability. Should any section or provision of this ordinance be declared by a court of competent jurisdiction to be unconstitutional or invalid, such declaration shall not affect the validity of the ordinance as a whole or any part thereof other than the part so declared to be unconstitutional or invalid.

12.2

Repeal of conflicting resolutions and ordinances. All resolutions and ordinances and parts of resolutions and ordinances in conflict herewith are repealed, including zoning policies and procedures adopted October 21, 1996, and amended January 19, 1998.

12.3

Effective date. This ordinance shall take effect and be enforced from and after its adoption, the public welfare of the City of Ellijay requiring it.

(Ord. of 7-16-2001)

IN WITNESS WHEREOF of the undersigned have hereunto set their hands and authorized the affixation of the seal of the City of Ellijay, Georgia, this 21st day of October, 1996.

ATTEST: I, Sandra Sales, Clerk of the City of Ellijay, do hereby certify that the foregoing pages of typewritten matter constitute a true and correct copy of that certain Ordinance adopted by the said City Council of Ellijay on the 21st day of October, 1996, approving and authorizing Policies and Procedures Governing the Calling and Conducting of Zoning Hearings in the City of Ellijay, Georgia, the original of said Ordinance being duly recorded in the Minute Book which is in my custody and control.

WITNESS my hand and the official seal of the City of Ellijay this the 21st day of October, 1996.