The city council of Ellijay, Georgia, the governing authority of said entity, pursuant to article IX, section II, paragraph IV of the 1983 Constitution of the State of Georgia, and after public hearing as required under the Zoning Procedures Law (O.C.G.A. § 36-66-1 et seq.) hereby ordains and enacts the following standards for considering zoning decisions.

1.0.

In ruling on any application for a zoning decision the zoning entity shall balance the interest in promoting the public health, safety, morality, or general welfare against the right to the unrestricted use of property.

2.0.

The City of Ellijay shall consider any proposed zoning amendment properly initiated in light of the standards set forth in section 2.1. In evaluating the standards set forth in section 2.1, it shall be the policy of the City of Ellijay to exercise its zoning power in conformity with the policy and intent of "A Joint Comprehensive Plan for Gilmer County, and the Cities of Ellijay and East Ellijay" insofar as that plan is current in its application to the specific property that is the subject of the proposed amendment. It is further the policy of the City of Ellijay to exercise the zoning power for purposes of assuring the compatibility of the use of adjacent and nearby properties and the preservation of the economic value of adjacent and nearby properties while enabling a reasonable use of all property.

2.1.

In matters related to annexation of property into the municipality or changing the zoning district from one zone to another (rezoning), the following standards are deemed relevant:

a)

Whether the proposed amendment would allow a use that is generally suitable for the site compared to the existing land uses and zoning classification of nearby property; consideration of the preservation of the integrity of residential neighborhoods shall be considered to carry great weight; and whether the aesthetics of the existing compared to the proposed use of the property affects the surrounding area;

b)

Whether the proposed amendment would adversely affect the economic value or the uses of adjacent, abutting, and nearby properties;

c)

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

d)

Whether the relative gain to the public, as compared to the hardship imposed upon the individual property owner under the current zoning, substantially promotes the general welfare of the public;

e)

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;

f)

Whether the subject property has a reasonable economic use as currently zoned considering the suitability of the subject property for the proposed zoned purpose;

g)

Whether the zoning proposal is in conformity with the policies and intent of the adopted comprehensive plan, especially regarding land use policies and the future land use map;

h)

Whether the zoning proposal will result in a use which will or could cause an excessive or burdensome use of existing streets, transportation facilities, utilities, schools, or other public facilities; whether there is possible impact on the environment, including but not limited to, drainage, soil erosion and sedimentation, flooding, air quality and water quality;

i)

Whether there are other existing or changing conditions in proximity to or affecting the use and development of the property which give supporting grounds for either approval or disapproval of the zoning proposal including soil types, watersheds or ground water recharge areas, wetlands, aquifers, and written city plans now or hereafter adopted pursuant to legislative authorization or mandate.

2.2.

In matters related to the approval of a permit for a conditional (special) use, the following standards are deemed relevant:

a)

Whether the proposed use impacts negatively or positively the anticipated volume of traffic flow or pedestrian safety in the vicinity;

b)

Whether the hours and manner of operation of the conditional use (special use) have no adverse effects on other properties/uses in the vicinity;

c)

Whether refuse areas, parking, or loading/service areas on the property will be located or screened to protect other properties in the vicinity from noise, light, glare, or odors; and

d)

Whether the height, size, or location on the building or other structures on the property, like signage, are compatible with the height, size, or location of buildings or other structures on neighboring properties.

e)

Whether the size of the lot is sufficient for the proposed use, accounting for growth opportunity that will not infringe upon the requirements of the zoning ordinance nor infringe upon the relationship to surrounding land.

f)

And satisfying the foregoing criteria, whether the benefits of and need for the proposed use are greater than any possible depreciating effects and damages to the neighboring properties.

(Ord. of 7-16-2001)