The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Annexation means the process by which a parcel of land is transferred from the jurisdiction of the unincorporated county to the jurisdiction of the city.

Applicant means a property owner or their authorized representative who has petitioned the city for approval of an application under the terms of this article.

Application means a petition for approval of an application under the terms of this article.

Best management practices or BMPs means both structural devices to store or treat stormwater runoff and nonstructural programs or practices which are designed to prevent or reduce the pollution of the waters of the state.

Concept plan means a document submitted with an application regulated by this article upon which the applicant has shown the intended development and its design. Approval of the application request shall not constitute approval of the concept plan; said plan must be adjusted according to the requirements listed for submittal of civil plans or building plans and reviewed by the appropriate departments for permitting.

Condition of zoning approval means a requirement adopted by the governing body at the time of approval of a rezoning, special use or zoning of annexed lands; placing greater or additional requirements or restrictions on the property than provided in this Code in order to reduce an adverse impact of the request and to protect the public health, safety, or general welfare.

Director means the director of the city community and economic development department.

Presiding official means the person chairing a meeting of the planning and appeals board or the governing body in their official capacity.

Quasi-judicial decision: A decision by the planning and appeals board on an appeal of an administrative decision or on an application for a zoning variance.

Rezoning means an amendment to the official zoning map, or an amendment to an overlay zone boundary, that changes the zoning district or overlay zone of one or more properties specified in an application. The term "rezoning" also includes applications to change conditions of zoning approval.

Special use means a use which is not automatically permitted by right, but which may be permitted within a zoning district subject to meeting specific requirements of this Code.

Text amendment means an amendment to the following articles of this Code: articles 9-1 through 9-24.

Utilities means all public, private, and municipal, above or below ground, infrastructure systems providing water, stormwater, sanitary sewer, natural gas, electricity, telecommunications, cable television or Internet services; or any other service controlled by the state public services commission.

Variance means a relaxation of the terms of this article where such variance will not be contrary to the public interest and where, owing to conditions peculiar to the property and not the result of the actions of the applicant, a literal enforcement of this Code would result in unnecessary and undue hardship, or practical difficulty.

Zoning change. See definition for Rezoning.

Zoning decision: Final legislative action by the governing body which results in one of the following:

(A)

The adoption or repeal or a zoning ordinance;

(B)

The adoption of a text amendment to the city's zoning ordinance;

(C)

The adoption or denial of an amendment to the city's zoning ordinance to rezone property from one zoning classification to another;

(D)

The adoption or denial of an amendment to the city's zoning ordinance to zone property to be annexed into the city;

(E)

The grant or denial of a permit relating to a special use of property;

(F)

The grant or denial of a variance or conditions concurrent and in conjunction with a decision pursuant to subparagraphs (C) or (E) of this definition.

(ULDC 2005, ch. 9-22-1; Ord. No. 2009-47, § XXXIX, 12-15-2009; Ord. No. 2020-42, § XLVII, 11-3-2020; Ord. No. 2023-14, § I, 6-20-2023)

The official zoning map, and overlay zone maps, may be amended from time to time, and zoning amendments may be approved for specific properties by the governing body under the procedures in this chapter. In addition, changes in the conditions of approval pertaining to a specific rezoning or special use approval may also be approved by the governing body following the procedures in this chapter. The procedures for special uses, which may be approved for specific properties, shall also be as provided in this chapter.

(ULDC 2005, § 9-22-2-1; Ord. No. 2013-10, § IV, 6-13-2013; Ord. No. 2020-42, § XLVIII, 11-3-2020)

(a)

An application for a rezoning or special use for any property in the city may be initiated by the governing body, planning and appeals board, owner of the property, or some other person given authorization by property owner to file said application.

(b)

Any applicant wishing to submit an application for rezoning or special use must schedule an appointment with the community and economic development department staff in order to review the application for completeness. No such application shall be accepted for processing by the director unless it meets the requirements of this section. Incomplete or improper applications will be returned to the applicant. The director is hereby authorized to establish administrative deadlines for the receipt of applications.

(c)

Any applicant wishing to file an application for a zoning change related to a planned unit development zoning district must schedule a conference with the community and economic development department staff at least 15 days prior to filing an application and shall also submit the additional application materials specified in section 9-22-2-5.

(ULDC 2005, § 9-22-2-2; Ord. No. 2013-10, § IV, 6-13-2013; Ord. No. 2020-42, § XLVIII, 11-3-2020)

(a)

Applications for rezoning and special uses. All applications for a rezoning or special use shall, at a minimum, consist of the following:

(1)

Application form; a completed application. All applications shall be submitted to the community and economic development department on the department's application forms.

(2)

Fee. All applications shall be accompanied by a non-refundable fee as fixed from time to time by the governing body. A fee shall not be charged if the governing body or the planning and appeals board initiate the application.

(3)

Plat or boundary survey. A plat or boundary survey of the property involved in the application. Provide one scaled and folded copy, and one 8½-inch by 11-inch or 11-inch by 17-inch reproducible size copy.

(4)

Legal description. A paper copy and an electronic copy in Microsoft Word format of the legal description of the property that corresponds with the property shown on the submitted boundary survey/plat.

(5)

Written narrative. A written narrative should indicate, at a minimum:

a.

The purpose of the request, proposed use, economic and environmental impacts as well as overlay zones or protection areas in which the property is located, such as the North Oconee Water Supply Watershed Protection Overlay Zone.

b.

Any planned developments shall include a narrative which fully describes the concept plan and must include, at a minimum, the proposed use, setbacks, right-of-way widths, building heights, signage, whether the applicant wishes the city to maintain the roads as well as identify any overlay zones or protection areas such as the North Oconee Water Supply Watershed Protection Overlay Zone that may affect the use.

(6)

Architectural renderings. Architectural renderings for any proposed new construction or exterior alterations of the existing structure, including, at a minimum:

a.

Roof pitch;

b.

Materials to be used on exterior;

c.

Basic landscaping proposed; and

d.

Building elevations.

If the architectural rendering is in a color format or is larger than an 11-inch by 17-inch size copy, 20 copies of the colored or large-scale rendering must be submitted with the completed application.

(7)

Concept plan. An application for a rezoning or special use approval related to a residential subdivision, multifamily, or nonresidential use or zoning district shall be accompanied by a concept plan if any new construction is proposed or alteration of the site is required under the site or development design standards of this Code. An as-built survey (rather than a concept plan) indicating the most current development conditions must be submitted with those applications regarding existing developments that are not to be altered. The concept plan must be prepared by a professional engineer, or a registered land surveyor; landscape architect; or architect. The concept plan shall meet the requirements of section 9-22-2-4. The applicant shall submit 20 scaled and folded copies, folded to fit into an eight-inch by ten-inch size envelope, and one 11-inch by 17-inch reproducible copy.

(8)

Traffic impact analysis. Any application for a rezoning or special use which can be reasonably expected to generate 1,000 vehicle trip ends during a single day and/or more than 100 vehicle trips during the morning or afternoon peak hours shall submit a traffic impact analysis as specified in chapter 9-22-4.

(9)

Development of regional impact. Any application for a rezoning or special use and development approval that meets or exceeds the thresholds established by the state department of community affairs shall be considered a development of regional impact (DRI), and as such, shall comply with the procedures set forth in chapter 9-22-5.

(b)

Requesting necessary information for review. The director may request information, in addition to that specified in this section, when considered necessary for review of the application by the governing body or planning and appeals board.

(c)

Exemption from application submittal requirements. Anyone filing an application may be exempt from the above submittal requirements of this section, provided the application is for rezoning to an R-I-A or R-I zoning district, does not involve a subdivision development, and includes the fee, plat or boundary survey, legal description and written narrative.

(ULDC 2005, § 9-22-2-3; Ord. No. 2013-10, § IV, 6-13-2013; Ord. No. 2020-42, § XLVIII, 11-3-2020)

Applications for a rezoning or special use shall include a concept plan drawn to scale on a boundary survey of the tract by a professional architect, a professional engineer, or a registered land surveyor; landscape architect; or architect. The concept plan shall, at a minimum, include thereon the following information specified in this section:

(1)

Name, address, and telephone number of the property owner.

(2)

Name, address, and telephone number of the applicant.

(3)

Date of survey, north point and graphic scale, source of datum, date of plan drawing, and revision dates, as appropriate.

(4)

Proposed use of the property.

(5)

Location (land district and land lot) and size of the property in acres (or in square feet if less than an acre).

(6)

Location map of the property in relation to the surrounding area with regard to well-known landmarks such as arterial streets or railroads. Location maps must be drawn at a scale sufficient to show clearly the information required, but not less than one inch equal to 2,000 feet. U.S. Geological Survey maps may be used as a reference guide.

(7)

Zoning district classification of the subject property and all adjacent properties, and zoning district boundaries as appropriate.

(8)

Natural features within the property, including drainage channels, bodies of water, wooded areas and other significant natural features such as rock outcroppings. On all watercourses entering or leaving the property, the direction of flow shall be indicated. The 100-year floodplain, if any, shall be outlined.

(9)

Manmade features within and adjacent to the property, including existing streets and names, city and county political boundary lines, and other significant information such as location of bridges, utilities, existing buildings to remain, and other features as appropriate to the nature of the request.

(10)

The proposed project layout, including:

a.

For subdivisions, approximate lot lines and street right-of-way lines, along with the front building setback line on each lot.

b.

For multifamily and nonresidential development projects, the approximate outline and location of all buildings, and the location of all minimum building setback lines, outdoor storage areas, buffers, parking areas and driveways.

(11)

The proposed phasing of the development if it is proposed to be built in sections.

(12)

A statement as to the source of domestic water supply.

(13)

A statement as to the provision for sanitary sewage disposal.

(14)

A statement as to the practicability of runoff reduction and feasibility of site and size of aboveground and/or belowground stormwater BMPs with respect to desired zoning density.

(15)

The approximate location and surface area of proposed stormwater facilities.

(16)

Such additional information as may be useful to permit an understanding of the proposed use and development of the property.

(ULDC 2005, § 9-22-2-4; Ord. No. 2013-10, § IV, 6-13-2013; Ord. No. 2020-42, § XLVIII, 11-3-2020)

Applications for rezoning to the PUD, planned unit development district, or applications for a zoning amendment of an existing PUD, shall in addition to the other requirements specified in this chapter, include the following:

(1)

Binding concept plan. Unless specifically approved otherwise, the concept plan shall become a condition of zoning approval and must be followed.

(2)

Architectural elevations. Applications shall include perspective front, side, and rear elevation drawings of representative building types. These drawings shall indicate general architectural characteristics. If the PUD is approved, architectural elevations submitted as part of the application shall be considered binding unless specifically noted otherwise in the approval.

(3)

Land uses and development summary. The application shall include a list of all land uses proposed to be included in the PUD, the total land area devoted to each of the land uses proposed, the percentage of the total land area within the PUD devoted to each proposed land use, the number of residential units by type, floor area for each type of dwelling unit (typical, or a range as appropriate), density, and the total square footage of buildings devoted to nonresidential uses. In addition, the application shall contain a development schedule indicating the approximate dates for beginning and completing the project, or each phase if the development is to be phased, and the extent of development and types of land uses in each phase.

(4)

Dimensional requirements. The application shall contain all dimensional requirements that are proposed to apply within the PUD, including minimum lot sizes, minimum lot widths, maximum building coverage, stormwater structural best management practices coverage, maximum impervious area, front, side and rear building setbacks, and maximum heights. Such proposed dimensional requirements shall be presented in a table on the development plan or in the written text accompanying the application. The application should indicate dimensional provisions for those items specified in tables 9-5-2 and 9-6-2, to the extent they apply to the uses proposed.

(5)

Improvement requirements comparison. The application shall contain descriptions of improvements to be constructed within the PUD, such as, but not limited to, street types, right-of-way widths, pavement widths, pavement materials, sidewalk locations and dimensions, and other improvements. Such proposed improvements shall be presented in a table on the development plan or in the written text accompanying the application that shows the proposed improvements in comparison with improvements that would be required otherwise without approval of a PUD. To the extent they can be shown at the time of development plan approval, environmental quality standards should be incorporated in the development application, particularly as they relate to stormwater runoff, stream protection, and tree protection.

(6)

Private restrictions. PUDs that have commonly owned facilities and space shall have private restrictions and covenants established which shall be subject to the approval of the city attorney and the director. The developer of a PUD involving commonly owned facilities and space shall submit, along with the development plan application, a declaration of covenants, conditions, and restrictions and articles of incorporation and bylaws for the property owner's or homeowner's association. The declaration shall confer membership to the owner of property subject to assessment by the association, provide for voting rights in the association with suggestions for the division of power between the developer and the property owners, and provide for maintenance assessments, among other things. The director may waive the requirements of this subsection when, in his opinion, an applicant submits a letter that demonstrates his intent to comply with these requirements and addresses any particular issues associated with maintenance of common grounds.

(7)

Community benefit statement. The applicant shall submit a written statement identifying the relative benefits that will accrue to the community as a result of the property being developed under PUD provisions. Benefits to the community include mixed land uses that reduce vehicle trips, open spaces provided and linked to larger open space networks, natural features retained, and quality architectural designs provided. This statement is a developer's opportunity to define why the PUD proposal merits approval and how it will serve the community better than a conventional development.

(ULDC 2005, § 9-22-2-5; Ord. No. 2013-10, § IV, 6-13-2013; Ord. No. 2020-42, § XLVIII, 11-3-2020)

Before the governing body may take final action on a proposed rezoning or special use application, the planning and appeals board shall hold a public hearing on the proposal. At least 15 days, but not more than 45 days, prior to the public hearing before the planning and appeals board, notice shall be published in a newspaper of general circulation within the city. The published notice shall be prepared by the community and economic development department and shall include the location of the property, the present zoning classification of the property, the proposed rezoning or special use requested, and the date, time, and place of the public hearing before the planning and appeals board. Notice of the date, time, and place of the public hearing before the governing body shall also be provided.

(ULDC 2005, § 9-22-2-6; Ord. No. 2013-10, § IV, 6-13-2013; Ord. No. 2020-42, § XLVIII, 11-3-2020)

At least 15 days, but not more than 45 days, prior to the public hearing, the city shall post a sign or signs stating the date, time and place of the public hearing before the planning and appeals board, the present zoning classification and the proposed zoning change or the proposed special use. One such sign shall be placed in a conspicuous location along each street frontage of the property for which the rezoning or special use has been requested. If the property has no street frontage, the sign shall be placed on each street from which access will be gained to the property. Notice of the date, time, and place of the public hearing before the governing body shall also be provided.

(ULDC 2005, § 9-22-2-7; Ord. No. 2013-10, § IV, 6-13-2013; Ord. No. 2020-42, § XLVIII, 11-3-2020)

At least ten days prior to the planning and appeals board public hearing, the applicant shall cause a notice to be mailed to all persons owning property located abutting or across any street from the property that is the subject matter of the rezoning or special use application. The written notice shall be mailed to the property owners as such names and addresses appear on the county's ad valorem tax records. The notice shall state the date, time, place and purpose of the hearing by the planning and appeals board. Notice of the date, time, and place of the public hearing before the governing body shall also be provided.

(ULDC 2005, § 9-22-2-8; Ord. No. 2013-10, § IV, 6-13-2013; Ord. No. 2020-42, § XLVIII, 11-3-2020)

Pursuant to the specific requirements of the Zoning Procedures Law (O.C.G.A. § 36-66-4), which are hereby incorporated by reference, the director shall ensure that additional public notice requirements are met under the following circumstances:

(a)

When a proposed zoning decision relates to or will allow the location or relocation of a halfway house, drug rehabilitation center, or other facility for treatment of drug dependency;

(b)

When a proposed zoning decision relates to an amendment of the zoning ordinance to revise one or more zoning classifications or definitions relating to single-family residential uses or property so as to authorize multifamily uses of property pursuant to such classification or definition, or to grant blanket permission, under certain or all circumstances, for property owners to deviate from the existing zoning requirements of a single-family residential zoning, or provides for the abolition of all single-family residential zoning classifications within the city or result in the rezoning of all property zoned for single-family residential uses within the city to multifamily residential uses of property.

(ULDC 2005, § 9-22-2-9; Ord. No. 2013-10, § IV, 6-13-2013; Ord. No. 2020-42, § XLVIII, 11-3-2020; Ord. No. 2023-14, § II, 6-20-2023)

(a)

Within a reasonable period of time after acceptance of a complete application, the director may, but shall not be required to, send the application or notice thereof out for review by internal municipal departments and external agencies as may be appropriate. Any written comments received in a timely manner as a result of such review shall be submitted for consideration to the planning and appeals board and governing body, or summarized in a memorandum. Any such comments shall become public records.

(b)

The director may, but shall not be required to, investigate and make a recommendation regarding a rezoning or special use application. Any such investigation and recommendation shall, if in writing, be made available to the applicant and planning and appeals board prior to its public hearing and shall become public records. Copies of the director's findings and recommendations, if provided, shall be available no later than the time of the planning and appeals board's public hearing on the matter.

(ULDC 2005, § 9-22-2-10; Ord. No. 2013-10, § IV, 6-13-2013; Ord. No. 2020-42, § XLVIII, 11-3-2020)

The planning and appeals board shall convene a public hearing on the rezoning or special use application as provided in the public notice. The public hearing shall follow policies and procedures which govern calling and conducting public hearings established in chapter 9-22-9. The planning and appeals board shall have 65 calendar days from the date of its public hearing within which to submit its recommendation on the rezoning or special use application. The planning and appeals board may submit any additional report it deems appropriate. The recommendations of the planning and appeals board shall have an advisory effect only and shall not be binding on the governing body.

(ULDC 2005, § 9-22-2-11; Ord. No. 2013-10, § IV, 6-13-2013; Ord. No. 2020-42, § XLVIII, 11-3-2020)

The planning and appeals board and the governing body shall consider the following standards in considering any rezoning, zoning amendment, or special use application, giving due weight or priority to those factors that are appropriate to the circumstances of each proposal:

(1)

Is the proposed use suitable in view of the zoning and development of adjacent and nearby property?

(2)

Will the proposed use adversely affect the existing use or usability of adjacent or nearby property?

(3)

Is the proposed use compatible with the purpose and intent of the comprehensive plan?

(4)

Are their substantial reasons why the property cannot or should not be used as currently zoned?

(5)

Will the proposed use cause an excessive or burdensome use of public facilities or services, including, but not limited to, streets, schools, water or sanitary sewer utilities, drainage or stormwater management, and police or fire protection?

(6)

Is the proposed use supported by new or changing conditions not anticipated by the comprehensive plan or reflected in the existing zoning on the property or surrounding properties?

(7)

Does the proposed use reflect a reasonable balance between the promotion of the public health, safety, morality, or general welfare and the right to unrestricted use of property?

(ULDC 2005, § 9-22-2-12; Ord. No. 2013-10, § IV, 6-13-2013; Ord. No. 2020-42, § XLVIII, 11-3-2020)

In addition to the requirements for a rezoning or special use specified in section 9-22-2-3, approval proceedings for PUD rezoning/zoning amendment and development approval shall include the following:

(1)

Preapplication conference. At least 15 calendar days prior to filing a formal application for a PUD, the applicant is required to confer with the director or representative of the community and economic development department in order to review the general character of the plan and to obtain information on the nature and extent of the proposed development.

(2)

Criteria for approval. In considering and acting upon applications for PUDs, the planning and appeals board and the governing body shall consider and base their recommendation and decision, respectively, on the following criteria (not all inclusive), and any other factors it may consider appropriate in reaching such a decision:

a.

Consistency with the comprehensive plan of the city.

b.

The extent to which the proposed mix of land uses is appropriate in terms of location and character.

c.

The extent to which the development is compatible with surrounding properties. Compatibility can be achieved by ensuring that the overall scale and design of development does not overwhelm or otherwise detract from the established character of the neighborhood or surroundings. The PUD zoning district is not intended to allow for the intrusion of incompatible land uses into single-family neighborhoods that create negative land use impacts.

d.

The extent to which the proposed architectural features of buildings within the development are harmonious.

e.

The adequacy of open spaces, play areas and recreation facilities that are provided for the needs of the development occupants.

(3)

Revisions. Amendments to approved planned unit development rezoning and development applications, including those approved prior to the adoption of the ordinance from which this chapter is derived, shall be permitted but governed by this chapter.

(4)

Land development plans. Upon approval of a PUD rezoning and development application by the governing body, the developer may apply for land development permit approval.

(5)

Permits and certificates. No building permit or certificate of occupancy shall be issued for a building, structure, or use, nor shall any excavation, grading, or land disturbance applications be approved, for any planned unit development that has not been approved in accordance with the provisions of this chapter. The director shall authorize the issuance of building permits for buildings and structures in the area covered by the approved development if they are in substantial conformity with the approved development, after improvements are installed in accordance with applicable improvement requirements, and if found to be in conformance with all other applicable regulations. The director shall authorize the issuance of a certificate of occupancy for any completed building, structure, or use located in the area covered by the planned unit development approval if it conforms to the requirements of the approved development and all other applicable regulations. After completion of a planned unit development, the use of land and construction, modification, or alteration of any buildings, structures, or uses within the area covered by the planned unit development shall continue to be regulated by the approved development plan.

(ULDC 2005, § 9-22-2-13; Ord. No. 2013-10, § IV, 6-13-2013; Ord. No. 2020-42, § XLVIII, 11-3-2020)

The planning and appeals board and the governing body shall consider the following standards in considering any special use application, giving due weight or priority to those factors that are appropriate to the circumstances of each proposal:

(1)

The type of street providing access to the subject property is adequate to serve the proposed special use.

(2)

Access into and out of the property adequately provides for traffic and pedestrian safety, the anticipated volume of traffic flow, and access by emergency vehicles.

(3)

Public facilities such as schools, water or sanitary sewer utilities, drainage and stormwater management facilities, and police or fire protection are adequate to serve the special use.

(4)

Refuse, service, parking and loading areas on the property are located and screened to protect other properties in the area from such adverse effects as noise, light, glare or odor.

(5)

The hours and manner of operation of the special use have no adverse effects on other properties in the area.

(6)

The height, size and location of the buildings or other structures proposed on the property are compatible with the height, size or location of buildings or other structures on neighboring properties.

(ULDC 2005, § 9-22-2-14; Ord. No. 2013-10, § IV, 6-13-2013; Ord. No. 2020-42, § XLVIII, 11-3-2020)

(a)

A rezoning or special use application may be withdrawn at any time at the discretion of the person or entity initiating such a request upon notice to the director, up until the public hearing by the planning and appeals board is closed.

(b)

If the applicant withdraws the application prior to the publication of notice for public hearing before the planning and appeals board, the application shall be withdrawn administratively by the director without restriction on the refiling of a proposed zoning change or special use on the property in the future.

(c)

If the applicant withdraws the application after notice has been published or is irretrievably set for publication but the application has not been heard by the planning and appeals board, the application shall be withdrawn administratively by the director and an application for rezoning or special use on the property may not be resubmitted for six months from the date of withdrawal.

(d)

If the request for withdrawal is made at the planning and appeals board public hearing on the case, the request may be approved by a majority vote of the board, but an application for a rezoning or special use on the property may not be resubmitted for six months from the date of withdrawal.

(e)

If the request for withdrawal is made by the applicant following the planning and appeals board hearing, the application shall remain on the governing body public hearing agenda and the withdrawal request shall be considered for approval or denial, with or without prejudice, by the governing body.

(f)

If denied, a rezoning or special use request affecting the same property shall not be reconsidered for a period of six months from the date of denial.

(ULDC 2005, § 9-22-2-15; Ord. No. 2013-10, § IV, 6-13-2013; Ord. No. 2020-42, § XLVIII, 11-3-2020)

(a)

The governing body shall hold a public hearing on the rezoning or special use application. If the planning and appeals board makes a recommendation on the rezoning or special use application at the date of its public hearing or within a time frame sufficient for the public hearing by the governing body to be held as scheduled, the governing body shall proceed with the advertised public hearing.

(b)

If the planning and appeals board does not make a recommendation on the rezoning or special use application before the scheduled and advertised public hearing to be held by the governing body, the director shall schedule a new date for the public hearing by the governing body and will provide notice of said rescheduled public hearing at least 15 days, but not more than 45 days, prior to the public hearing. Said notice shall be accomplished by notice in a newspaper of general circulation in the city, posting of a sign on the property, and notice to adjacent property owners just the same as required by this chapter for the initial application.

(ULDC 2005, § 9-22-2-16; Ord. No. 2013-10, § IV, 6-13-2013; Ord. No. 2020-42, § XLVIII, 11-3-2020)

A concept plan that is part of a rezoning or special use application may be revised and resubmitted by the applicant during the process, but in no event shall a revised concept plan resubmitted by an applicant be accepted or considered less than ten calendar days prior to the public hearing by the governing body. At its discretion, the governing body may refer an application involving a concept plan revised after its consideration by the planning and appeals board back to the planning and appeals board for additional study and recommendation.

(ULDC 2005, § 9-22-2-17; Ord. No. 2013-10, § IV, 6-13-2013; Ord. No. 2020-42, § XLVIII, 11-3-2020)

No action shall be taken on a rezoning or special use application by the governing body until it has received a recommendation by the planning and appeals board, or upon the expiration of the 65-day review period of the planning and appeals board. In rendering a decision on a rezoning or special use application, the governing body shall consider all information supplied by the applicant, the director, and the planning and appeals board, any information presented at the public hearing of the planning and appeals board, and information gained at its own public hearing. After conducting a public hearing, in taking action on an application, the governing body may:

(1)

Approve the application as submitted by ordinance.

(2)

Approve the application with conditions.

(3)

Deny the proposal.

(4)

Table the proposal for consideration at a future meeting.

(5)

Refer the application back to the planning and appeals board for further consideration, with notice of public hearings before the planning and appeals board and governing body, the same as required for the initial application.

(6)

Refer the application back to the planning and appeals board for further consideration, without the requirement to hold a public hearing and provide notice thereof.

(ULDC 2005, § 9-22-2-18; Ord. No. 2013-10, § IV, 6-13-2013; Ord. No. 2020-42, § XLVIII, 11-3-2020; Ord. No. 2022-09, § VIII, 3-1-2022)

Applications for a rezoning and special use shall not be required to demonstrate compliance with all applicable regulations of this Code for land development permits or building permits. The planning and appeals board shall not base its recommendation to deny a rezoning or special use application, and the governing body shall not base its denial of a rezoning or special use application, on the failure of a rezoning or special use application to demonstrate compliance with land development permitting requirements, including, but not limited to, tree protection, stormwater management, and floodplain regulations.

(ULDC 2005, § 9-22-2-19; Ord. No. 2013-10, § IV, 6-13-2013; Ord. No. 2020-42, § XLVIII, 11-3-2020)

(a)

In ruling on any rezoning in which the applicant has brought a constitutional challenge to the existing zoning classification, the governing body shall pay particular attention to the following criteria which have been applied by state courts in zoning matters:

(1)

Existing uses and zoning of the subject and nearby property;

(2)

The extent to which property values are diminished by the particular zoning restrictions;

(3)

The extent to which the destruction of property values, if any, promotes the healthy, safety, morals or general welfare of the public;

(4)

The relative gain to the public, as compared to the hardship, if any, imposed upon the individual property owner;

(5)

The suitability of subject property for zoned purposes;

(6)

The length of time the property, if vacant, has been vacant as zoned considered in the context of land development in the areas and the vicinity of the property.

(b)

The existing zoning classification shall be considered presumptively valid and it shall be the responsibility of the applicant to present evidence that rebuts this presumption. If the governing body determines, from the evidence presented, that the existing zoning classification is unduly burdensome to the applicant and is not offset by the considerations of the public's health, safety, morals and general welfare, and considerations of the integrity of this Code and of the official zoning map, the governing body may impose upon said property any appropriate zoning classification, including conditions, which might be consistent with these considerations and the criteria described in this chapter.

(ULDC 2005, § 9-22-2-20; Ord. No. 2013-10, § IV, 6-13-2013; Ord. No. 2020-42, § XLVIII, 11-3-2020)

(a)

The governing body may, in its judgment in cases involving redevelopment or extraordinary economic development, pass a motion in a regular meeting, which provides for an expediting of the procedures for rezoning applications and special uses established in this chapter, including the following:

(1)

The separate public hearing required by the planning and appeals board may be combined with the public hearing before the governing body.

(2)

Application requirements specified in this chapter may be waived, in order to expedite the review and public hearing process.

(b)

Such a fast-track process, if exercised, shall not be inconsistent with the Zoning Procedures Act, O.C.G.A. § 36-66-1 et seq. In opting to use this fast-track approval process, the governing body may instruct the director to notify the public and seek input on the matter by other means.

(ULDC 2005, § 9-22-2-21; Ord. No. 2013-10, § IV, 6-13-2013; Ord. No. 2020-42, § XLVIII, 11-3-2020)

This chapter is intended to comply with the provisions of the Georgia Zoning Procedures Law, O.C.G.A. § 36-66-1 et seq., which Act is incorporated by reference in its entirety into this Code. Where any provision of this chapter is in conflict with any provision of the law, the law shall control. Or where this chapter is incomplete in having failed to incorporate a provision necessarily required for the implementation of the law, such provision of the law, so as to meet the mandate of the law, shall be fully complied with, except that, where an application to annex property into the city is initiated by the governing body, only those notice requirements and public hearing procedures set forth in O.C.G.A. § 36-66-4(d) shall be required for zoning of property to be annexed into the city, notwithstanding any other procedures or requirements set forth in this Code.

(ULDC 2005, § 9-22-2-22; Ord. No. 2013-10, § IV, 6-13-2013; Ord. No. 2020-42, § XLVIII, 11-3-2020)

An area proposed for annexation into the city shall first be considered for zoning prior to its annexation. Consideration of the zoning shall be subject to the same procedures, standards, and requirements for any rezoning or special use as contained in chapter 9-22-2, except as specifically modified by this chapter.

(ULDC 2005, § 9-22-3-1; Ord. No. 2020-42, § XLIX, 11-3-2020)

(a)

An application for annexation for any property contiguous to the city may be initiated by the governing body, planning and appeals board, owner of the property, or some other person given authorization by property owner to file said application. Unless initiated by the governing body or the planning and appeals board, all such applications shall be initiated by the owner of a majority interest in the property affected.

(b)

Any applicant wishing to submit an application for annexation must schedule an appointment with the community and economic development department staff in order to review the application for completeness. No such application shall be accepted for processing by the director unless it meets the requirements of this section. Incomplete or improper applications will be returned to the applicant. The director is hereby authorized to establish administrative deadlines for the receipt of applications.

(c)

Any applicant wishing to file an application for a planned unit development zoning district must schedule a conference with the community and economic development department staff at least 15 days prior to filing an application and shall submit the additional application materials required for a PUD district as outlined in chapter 9-22-2 for a zoning change application.

(ULDC 2005, § 9-22-3-2; Ord. No. 2020-42, § XLIX, 11-3-2020)

Any applicant wishing to withdraw a proposed annexation request shall comply with the withdrawal procedures as outlined in chapter 9-22-2 for rezoning applications and special use with the exception that there shall be no waiting period for reapplication upon withdrawal or denial of an annexation request.

(ULDC 2005, § 9-22-3-3; Ord. No. 2020-42, § XLIX, 11-3-2020)

Applications for annexation shall include the following requirements:

(1)

Application form. A completed application. All applications shall be submitted to the community and economic development department on the department's application forms.

(2)

Fee. All applications shall be accompanied by a non-refundable fee as fixed from time to time by the governing body. A fee shall not be charged if the governing body or the planning and appeals board initiate the application.

(3)

U.S. Department of Justice data. Data as required on a form that is part of the application form provided by the community and economic development department.

(4)

Letter of cost estimate. A letter of cost estimate must be obtained from the city department of water resources if an applicant wishes to have the city share in the cost of sanitary sewer line extension.

(5)

Plat or boundary survey. A plat or boundary survey of the property involved in the application. Provide one scaled and folded copy, and one 8.5-inch by 11-inch or 11-inch by 17-inch reproducible size copy.

(6)

Legal description. A paper copy and an electronic copy in Microsoft Word format of the legal description of the property that corresponds with the property shown on the submitted boundary survey/plat.

(7)

Written narrative. A written narrative should indicate, at a minimum:

a.

The purpose of the request, proposed use, economic and environmental impacts as well as overlay zones or protection areas in which the property is located, such as the North Oconee Water Supply Watershed Protection Overlay Zone.

b.

Any planned developments shall include a narrative which fully describes the concept plan and must include, at a minimum, the proposed use, setbacks, right-of-way widths, building heights, signage, whether the applicant wishes the city to maintain the roads as well as identify any overlay zones or protection areas such as the North Oconee Water Supply Watershed Protection Overlay Zone that may affect the use.

(8)

Architectural renderings. Architectural renderings for any proposed new construction or exterior alterations of the existing structure, including, at a minimum:

a.

Roof pitch;

b.

Materials to be used on exterior;

c.

Basic landscaping proposed; and

d.

Building elevations.

If the architectural rendering is in a color format or is larger than an 11-inch by 17-inch size copy, 20 copies of the colored or large-scale rendering must be submitted with the completed application.

(9)

Concept plan. An application for annexation approval related to a residential subdivision, multifamily, or nonresidential use or zoning district shall be accompanied by a concept plan if any new construction is proposed or alteration of the site is required under the site or development design standards of this Code. An as-built survey (rather than a concept plan) indicating the most current development conditions must be submitted with those applications regarding existing developments that are not to be altered. The concept plan must be prepared by a professional engineer, or a registered land surveyor; landscape architect; or architect. The concept plan shall meet the requirements of section 9-22-3-5. The applicant shall submit 20 scaled and folded copies, folded to fit into an eight-inch by ten-inch size envelope, and one 11-inch by 17-inch reproducible copy.

(10)

Traffic impact analysis. Any annexation application which can be reasonably expected to generate 1,000 vehicle trip ends during a single day and/or more than 100 vehicle trips during the morning or afternoon peak hours shall submit a traffic impact analysis as specified in chapter 9-22-4. The cost of conducting the traffic impact analysis, as well as any improvements put forth in the recommendations, shall be the financial responsibility of the applicant. No application shall be accepted nor advertised for a public hearing by the community and economic development department until such time as the transportation impact study, if required, has been completed and submitted to the community and economic development department.

(11)

Development of regional impact. Any annexation application that would result in a zoning or development approval that meets or exceeds the thresholds established by the state department of community affairs shall be considered a development of regional impact (DRI), and as such, shall comply with the procedures set forth in chapter 9-22-5.

a.

The director may request information in addition to that specified in this section when considered necessary for review of the application by the governing body or planning and appeals board.

b.

Anyone filing an application may be exempt from the above submittal requirements of this section, provided the application is for annexation with a zoning classification of R-I-A or R-I, does not involve a subdivision development, and includes the fee, plat or boundary survey, legal description and written narrative.

(ULDC 2005, § 9-22-3-4; Ord. No. 2020-42, § XLIX, 11-3-2020)

The concept plan shall show the following, as appropriate to the annexation requested:

(1)

Name, address and telephone number of the property owner.

(2)

Name, address and telephone number of the applicant.

(3)

Date of survey, north point and graphic scale, source of datum, date of plan drawing, and revision dates, as appropriate.

(4)

Proposed use of the property.

(5)

Location (land district and land lot) and size of the property in acres (or in square feet if less than an acre).

(6)

Location map of the property in relation to the surrounding area with regard to well-known landmarks such as arterial streets or railroads. Location maps must be drawn at a scale sufficient to show clearly the information required, but not less than one inch equal to 2,000 feet. U.S. Geological Survey maps may be used as a reference guide.

(7)

Zoning district classification of the subject property and all adjacent properties, and zoning district boundaries as appropriate.

(8)

Natural features within the property, including drainage channels, bodies of water, wooded areas and other significant natural features such as rock outcroppings. On all watercourses entering or leaving the property, the direction of flow shall be indicated. The 100-year floodplain, if any, shall be outlined.

(9)

Manmade features within and adjacent to the property, including existing streets and names, city and county political boundary lines, and other significant information such as location of bridges, utilities, existing buildings to remain, and other features as appropriate to the nature of the request.

(10)

The proposed project layout, including the following:

a.

For subdivisions, approximate lot lines and street right-of-way lines, along with the front building setback line on each lot;

b.

For multifamily and nonresidential development projects, the approximate outline and location of all buildings, and the location of all minimum building setback lines, outdoor storage areas, buffers, parking areas, and driveways.

(11)

The proposed phasing of the development if it is proposed to be built in sections.

(12)

A statement as to the source of domestic water supply.

(13)

A statement as to the provision for sanitary sewage disposal.

(14)

A statement as to the practicability of runoff reduction and feasibility of site and size of aboveground and/or belowground stormwater BMPs with respect to desired zoning density.

(15)

The approximate location and surface area of proposed stormwater facilities.

(16)

Such additional information as may be useful to permit an understanding of the proposed use and development of the property.

(ULDC 2005, § 9-22-3-5; Ord. No. 2020-42, § XLIX, 11-3-2020)

Applications for annexation with a zoning classification of PUD, planned unit development district shall in addition to the other requirements specified in this chapter include those additional application materials required for a PUD district as outlined in chapter 9-22-2.

(ULDC 2005, § 9-22-3-6; Ord. No. 2020-42, § XLIX, 11-3-2020)

In addition to the process and procedures for a rezoning or special use request as outlined in chapter 9-22-2, there are additional steps to be taken when processing applications for annexation.

(1)

Upon or following the date of notice to the county of the proposed annexation as required under O.C.G.A. § 36-36-6, the governing body shall initiate the zoning of the property to be annexed or consider an application for a zoning submitted by or on behalf of the owner of such property under the provisions of this chapter.

(2)

The planning and appeals board and the governing body shall conduct their public hearings on the zoning prior to the annexation of the land into the city. Notice of such hearing shall be provided under the provisions of chapter 9-22-2 for a rezoning or special use; provided, further, that the notice shall be published in a newspaper of general circulation in the county.

(3)

If the annexation request is denied, any action by the governing body on the zoning shall be null and void.

(4)

Furthermore, there are mandatory reports required that must be submitted to local, state and federal agencies. Such reports and documents shall be prepared by and submitted by the community and economic development department on behalf of the applicant.

(ULDC 2005, § 9-22-3-7; Ord. No. 2020-42, § XLIX, 11-3-2020)

The planning and appeals board and the governing body shall consider the following standards in considering any annexation proposal, giving due weight or priority to those factors that are appropriate to the circumstances of each proposal. In addition, any application that proposes a change in the conditions of approval previously established by the governing body through action on an annexation shall be reviewed in light of the standards set forth in this section, as appropriate.

(1)

Is the proposed use suitable in view of the zoning and development of adjacent and nearby property?

(2)

Will the proposed use adversely affect the existing use or usability of adjacent or nearby property?

(3)

Is the proposed use compatible with the purpose and intent of the comprehensive plan?

(4)

Are their substantial reasons why the property cannot or should not be used as currently zoned?

(5)

Will the proposed use cause an excessive or burdensome use of public facilities or services, including, but not limited to, streets, schools, water or sanitary sewer utilities, drainage and stormwater management, and police or fire protection?

(6)

Is the proposed use supported by new or changing conditions not anticipated by the comprehensive plan or reflected in the existing zoning on the property or surrounding properties?

(7)

Does the proposed use reflect a reasonable balance between the promotion of the public health, safety, morality, or general welfare and the right to unrestricted use of property?

(ULDC 2005, § 9-22-3-8; Ord. No. 2020-42, § XLIX, 11-3-2020)

In addition to the requirements for annexation applications specified in this chapter, approval proceedings for annexation with PUD zoning/development approval shall comply with the additional procedures and criteria for PUD zoning/development as outlined in chapter 9-22-2 for a zoning change.

(ULDC 2005, § 9-22-3-9; Ord. No. 2020-42, § XLIX, 11-3-2020)

The zoning of property hereafter annexed shall become effective on the day the zoning is approved by the governing body, on the date that the annexation becomes effective, or where a county has interposed an objection pursuant to O.C.G.A. § 36-36-113, the date the objection was finally denied, whichever is later.

(ULDC 2005, § 9-22-3-10; Ord. No. 2020-42, § XLIX, 11-3-2020)

No application for a land development or building permit shall be filed on newly annexed property until the first of the month following the effective date of the annexation approval.

(ULDC 2005, § 9-22-3-11; Ord. No. 2020-42, § XLIX, 11-3-2020)

Any use existing at the time of annexation approval on property annexed by the city which does not comply with the use provisions of the city's zoning district assigned to said annexed property shall be considered a nonconforming use which shall be governed by chapter 9-11-3.

(ULDC 2005, § 9-22-3-12; Ord. No. 2020-42, § XLIX, 11-3-2020)

Lands hereafter annexed into the city limits shall, upon the effective date of such annexation, be subject to all applicable procedural and substantive requirements of this Code as now or hereafter amended. Any new use of an annexed property after zoning approval shall only be permitted if it conforms to all applicable provisions of this Code.

(ULDC 2005, § 9-22-3-13; Ord. No. 2020-42, § XLIX, 11-3-2020)

Understanding the demands placed on the community's transportation network by development is an important dimension of assessing the overall impacts of development proposals. All development generates traffic, and it may generate enough traffic to create congestion and thus require the community to invest more capital funds into the transportation network in the form of new roads, traffic signals, and intersection improvements. Traffic congestion results in a number of problems, including economic costs due to delayed travel times, air pollution and accidents. A traffic impact analysis is a mechanism for the city to foresee the demands a development proposal will place on the transportation network.

(ULDC 2005, § 9-22-4-1; Ord. No. 2020-42, § XLIX, 11-3-2020)

The city finds that requiring a traffic impact analysis for proposed developments that meet certain thresholds will help to achieve the following objectives:

(1)

Forecast additional traffic associated with new development, based on accepted practices.

(2)

Determine the improvements that are necessary to accommodate the new development.

(3)

Allow the city to assess the impacts that a proposed development may have and assist the city in making decisions regarding development proposals.

(4)

Help to ensure safe and reasonable traffic conditions on streets after the development is complete.

(5)

Reduce the negative impacts created by developments by helping to ensure that the transportation network can accommodate the development.

(6)

Protect the substantial public investment in the street system.

(7)

Provide information relevant to citywide comprehensive planning, transportation planning, transit planning, and the provision of programs and facilities for traffic safety, road improvements, transportation demand management, pedestrian access, and other transportation system considerations.

(ULDC 2005, § 9-22-4-2; Ord. No. 2020-42, § XLIX, 11-3-2020)

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Director of public works means the director of the public works department of the city, or his designee.

Discretionary development proposal means any application for a rezoning, preliminary plat, special use permit, final design plan approval, or certificate of appropriateness. For purposes of this Code, a determination of applicability shall be made at the first discretionary development proposal encountered.

Horizon year means unless otherwise specified or approved by the director of public works, the horizon year shall be 20 years into the future from the year during which a traffic impact study is being prepared.

Internal trips means trips that are made within a multi-use or mixed-use development, by vehicle or by an alternate mode such as walking.

Level of service (LOS) means a quantitative and qualitative measure of how well traffic flows on a given street or highway. Level of service relates to such factors as highway width, number of lanes, percentage of trucks, total traffic volume, turning movements, lateral clearances, grades, sight distance, capacity in relation to volume, travel speed, and other factors which affect the quality of flow. Level of service is typically summarized by letter grades described as follows:

Level "A" means a condition with low traffic volumes, high speeds, and free-flow conditions.

Level "B" means a condition with light traffic volumes, minor speed restrictions, and stable flow.

Level "C" means a condition with moderate traffic volumes, where speed and maneuvering are restricted to a limited degree by the amount of traffic.

Level "D" means a condition with heavy traffic operating at tolerable speeds, although temporary slowdowns in flow may occur.

Level "E" means a condition of very heavy flow and relatively low speeds. Under Level "E," the traffic is unstable and short stoppage may occur.

Level "F" means a condition of extremely heavy flow, with frequent stoppage and very slow speeds. It is an unstable traffic condition under which traffic often comes to a complete halt.

New trips means total vehicle trips, minus pass-by trips, minus internal trips, if applicable.

Pass-by trips means vehicle trips which are made by traffic already using the adjacent roadway and entering the site as an intermediate stop on the way to another destination.

Peak hours means 7:00 a.m. to 8:00 a.m., or 8:00 a.m. to 9:00 a.m., or the highest four 15-minute increments within such time period for the a.m. peak hour; 4:00 p.m. to 5:00 p.m., 5:00 p.m. to 6:00 p.m., or the highest four 15-minute increments within such a time period for the p.m. peak hour.

Peak-hour trip generation study means a study by a qualified professional of one or more actual developments of similar land use and development characteristics which provides empirical data on the actual number of trips entering and exiting said development during the a.m. and p.m. peak hour. A peak-hour trip generation study shall consist of a.m. and p.m. peak hour traffic counts by direction (entering and exiting) on at least three separate weekdays if the study is based on only one similar development, or at least one a.m. and p.m. traffic count for three different actual developments. The results of actual traffic counts from peak-hour trip generation studies may be adjusted to discount pass-by trips as provided in this chapter.

Professionally accepted means published by the Institute of Transportation Engineers; or prepared by a qualified professional under work supervised by the city or the county, or prepared by a qualified professional and accepted by the director of public works.

Qualified professional, for purposes of conducting traffic impact analyses as may be required by this chapter, means a registered professional engineer with experience in traffic engineering. For purposes of conducting peak hour trip generation studies, the term "qualified professional" means a registered professional engineer with experience in traffic engineering, or another professional approved by the director of public works based on education and experience to conduct such trip generation studies.

Traffic impact analysis means a study, conducted by a qualified professional, which assesses the effects that a discretionary development proposal's traffic will have on the transportation network in a community or portion thereof. Traffic impact studies vary in their range of detail and complexity depending on the type, size, and location of the proposed development.

Trip means a single or one-directional travel movement with either the origin or destination of the trip inside the study site.

Trip generation means an estimate of the number of vehicle trips that will be generated due to the new development, which is calculated based on the type and amount of land uses in the proposed development and professionally accepted trip generation rates for each such land use. Trip generation may be expressed on an average daily basis or average peak hour (a.m., p.m.), or both.

(ULDC 2005, § 9-22-4-3; Ord. No. 2020-42, § XLIX, 11-3-2020)

A traffic impact study shall be required for any discretionary development proposal which can be reasonably expected to generate 1,000 vehicle trip ends during a single day and/or more than 100 vehicle trips during the morning or afternoon peak hours, as determined by professionally acceptable information as provided in this chapter.

(ULDC 2005, § 9-22-4-4; Ord. No. 2020-42, § XLIX, 11-3-2020)

(a)

A traffic impact analysis is not required if a discretionary development proposal is initiated by the governing body or the planning and appeals board.

(b)

A discretionary development proposal may be exempted from the traffic impact study requirement by the director of public works if a prior traffic impact study for the subject property has been submitted to the city or is available from the county and the proposed development is substantially similar to that for which the prior traffic impact study was conducted.

(ULDC 2005, § 9-22-4-5; Ord. No. 2020-42, § XLIX, 11-3-2020)

The source for trip generation rates for the purposes of this Code shall be Trip Generation, published by the Institute of Transportation Engineers (ITE), most recent edition, unless otherwise approved by the director of public works. Final determinations of whether this chapter applies shall be made based on application of data from ITE Trip Generation, which may change from time to time, or as otherwise approved by the director of public works.

(ULDC 2005, § 9-22-4-6; Ord. No. 2020-42, § XLIX, 11-3-2020)

(a)

At the time a discretionary development proposal is filed, or during any pre-application meeting if possible, the director of community and economic development shall determine whether a traffic impact analysis shall be required according to this chapter. The director of community and economic development shall calculate the expected trip generation of the proposed development using professionally accepted trip generation rates or other data and compare it to the thresholds specified in this chapter to determine whether a traffic impact analysis is required. The director of public works shall assist in this effort by providing the director of community and economic development with any updated information available on trip generation rates.

(b)

Applicants for discretionary development proposals shall provide sufficient information about the development proposal (e.g., number of dwelling units, square footage of buildings, number of employees, land area of the development, etc.) for the director of community and economic development to apply professionally accepted trip generation rates to the proposed development. The director of community and economic development shall not accept a discretionary development proposal for processing unless it contains the data on the proposed development necessary to apply available trip generation rates. Further, no application for a discretionary development proposal shall be accepted nor advertised for a public hearing until such time as the transportation impact study, if required, has been completed and submitted in accordance with this chapter.

(ULDC 2005, § 9-22-4-7; Ord. No. 2020-42, § XLIX, 11-3-2020)

In the event that information submitted by the applicant of the discretionary development proposal is sufficient to calculate the trip generation that would be expected to result from the proposed development, but trip generation rates or other data are not available or in sufficient quantity of studies to make a determination of applicability under the terms of this chapter, this section shall apply.

(1)

The director of community and economic development shall first consult with the director of public works to determine if:

a.

Professionally acceptable trip generation rates applicable to the subject development exist from other reputable sources, such as the Journal of the Institute of Transportation Engineers;

b.

Other trip generation studies of similar developments are available; or

c.

Professionally acceptable trip generation rates for one or more similar land uses can be used in making the determination of applicability.

If the director of public works is able to provide such information and determines it is professionally reputable, then the director of community and economic development shall use said data as may be interpreted by the director of public works to make the determination of applicability. The director of community and economic development and director of public works shall have no more than ten working days to comply with the provisions of this section, when it applies.

(2)

In the event the director of community and economic development is unable to make a determination of applicability after consulting with the director of public works pursuant to section, the director shall notify the proposed applicant in writing that professionally accepted trip generation rates are not available for purposes of making a determination of applicability.

(3)

Upon receipt of notice described in this section, the applicant for a discretionary development proposal shall have 30 days to have a qualified professional prepare and submit a peak-hour trip generation study as defined by this chapter.

(ULDC 2005, § 9-22-4-8; Ord. No. 2020-42, § XLIX, 11-3-2020)

(a)

Discounting of pass-by trips. The peak-hour trip generation study may subtract from the empirical data on actual vehicle trips those trips that are reasonably considered to be pass-by trips, as defined by this chapter, using professionally accepted assumptions about the percent of pass-by trips approved by the director of public works.

(b)

Reduction for internal trips in multi-use or mixed-use developments. In calculating the new trips generated from a proposed development containing multiple uses or mixed uses, a qualified professional, with the approval of the director of public works, may apply a percentage reduction to the total vehicle trips shown in any peak-hour trip generation study to account for internal trips, as defined in this chapter, so as to account for (discount) the number of internal trips reasonably expected to occur in such multi-use or mixed-use development. Said reduction shall not exceed 24 percent of total trips generated.

(ULDC 2005, § 9-22-4-9; Ord. No. 2020-42, § XLIX, 11-3-2020)

Once it is determined that a traffic impact analysis is required, a scoping meeting may be held with the developer or his consultant and the appropriate representatives of the city public works department and if appropriate, the community and economic development department. It will be the responsibility of the developer or his consultant to initiate this meeting. The purpose of this meeting is to discuss the availability of site-specific information concerning the development, available forecasts of traffic volumes, and to ensure the applicant understands the content requirements for traffic impact analyses.

(ULDC 2005, § 9-22-4-10; Ord. No. 2020-42, § XLIX, 11-3-2020)

(a)

A traffic impact analysis must evaluate the adequacy of the existing transportation system to serve the proposed development and determine the expected effects of the proposed development on the transportation system. The traffic impact study must provide adequate information for city staff to evaluate the development proposal and, when appropriate, recommend conditions of approval.

(b)

The qualified professional preparing the traffic impact study is encouraged to coordinate preparation with city staff and staff from other jurisdictions, as appropriate, to ensure that all necessary components are included in the traffic impact study and to reduce revision and review time.

(c)

In order to be reviewed, the traffic impact study shall include at least the following minimum components:

(1)

Title page. A title page listing the name of the proposed development and its location.

(2)

Table of contents. A table of contents outlining the study shall be provided.

(3)

Certification. The study shall be signed and stamped by a qualified professional.

(4)

Executive summary. An executive summary, discussing the development, the major findings of the analysis, and any recommendations made by the qualified professional.

(5)

Vicinity map. A vicinity map showing the location of the proposed project in relation to the transportation system of the area.

(6)

Study area map. A map of the traffic impact study area. For purposes of this chapter, the traffic impact analysis area shall be determined according to trip generation rates as follows. In the event there is a difference as a result of applying peak and total trips, the more restrictive requirement (larger study area) shall apply.

Study Area Size Requirements

(7)

Inventory of transportation facilities in the study area. A description of transportation facilities in the study area, including roadway names, locations and functional classifications, intersection lane configurations and traffic control (including signal timing), existing rights-of-way, transit routes and stops (if any), pedestrian and bicycle facilities, and planned transportation system improvements. An existing lane configuration sketch shall be submitted for all roadways and intersections within the study area.

(8)

Concept plan and development data. A complete description of the proposed development, including a concept plan, with the best available information as to the nature and size of each proposed use, and the proposed location and traffic control of all proposed access points, including the distance from all proposed access points to adjacent accesses and/or streets, including those across a street right-of-way from the subject development.

(9)

Existing traffic volumes. Peak and total daily traffic volumes on all arterial, collector, and local streets within the study area. Traffic counts should, as a rule, not be more than one year old when the report is prepared. Traffic counts between one and three years old may be used if factored to the current year. Traffic counts older than three years will not be accepted.

(10)

Facility performance. Existing performance of the transportation system, including levels of service (LOS) and volume/capacity ratios (V/C) for all intersections and road segments as appropriate within the study area.

(11)

Trip generation. Complete trip generation figures for all aspects of the proposed development. The source for trip generation rates shall be Trip Generation, published by the Institute of Transportation Engineers (ITE), most recent edition, unless otherwise approved by the director of transportation. For developments expected to generate more than 30 trucks per day, the trip generation data shall include separate figures for trucks. If phased development is proposed, the study shall include projections for the year that each phase of the development is planned to be complete. The traffic impact analysis shall also include trip generation data for any pending and approved developments that would affect the study area. The city shall facilitate the review of applicable files by a qualified professional to determine the names and development characteristics of pending and approved developments in the study area.

(12)

Trip distribution and assignment. Trip distribution for the proposed development. For developments expected to generate more than 30 truck trips per day, the study shall include separate trip distribution figures for trucks.

(13)

Forecast traffic volumes without the development. Forecast traffic volumes without the development, on all arterial, collector, and local roads within the study area, in the year that the proposed development is planned to commence, and in the horizon year. Qualified professionals should consult city public works department staff for information to determine the most appropriate sources or methods of determining future traffic volumes. If phased development is proposed, the traffic impact study shall include projections for the year that each phase of the development is planned to be complete.

(14)

Forecast performance without the development. Forecast performance, including levels of service (LOS) and volume/capacity ratios (V/C) of the transportation system without the development in the year that each phase is planned to be complete and in the horizon year.

(15)

Forecast traffic volumes with the development. Forecast traffic volumes with the development, on all arterial, collector, and local roads within the study area, in the year that the proposed development is planned to commence, and in the horizon year.

(16)

Forecast performance with the development. Forecast performance, including levels of service (LOS) and volume/capacity ratios (V/C) of the transportation system with the development in the year that each phase is planned to be complete and in the horizon year.

(17)

Sight distance. A safety analysis of the site accesses, and an assessment whether adequate sight distances are provided at driveways and streets abutting the development.

(18)

Operational characteristics. Analysis of prevailing operating speeds, if significantly different than speed limits, right and left turn lane warrants, queue lengths, acceleration and deceleration lanes, including lengths and tapers, throat lengths, channelization, and other characteristics of the site accesses, which exist and may be needed, as appropriate. The traffic impact analysis shall address whether driveways and intersections are located and spaced safely and designed to accommodate expected traffic volumes and maneuvers. The operational characteristics analysis shall also evaluate the turning and traveling characteristics of the vehicles that will be using the proposed development and the adequacy of the geometrics of the existing and proposed roadway (public and/or private) configurations to accommodate these characteristics.

(19)

On-site circulation. The traffic impact analysis shall address whether on-site vehicular and pedestrian circulation and parking layouts are safe and efficient.

(20)

Significant impacts. Analysis as appropriate of any potential adverse or controversial effects of the proposed development on the transportation system in the area. Examples of possible effects include, but are not limited to, infiltration of nonresidential traffic into residential neighborhoods, traffic noise, creation of potential for traffic violations, conflicting turning movements with other driveways, any new pedestrian or bicycle transportation needs arising from the development, etc.

(21)

Mitigation measures. Listing of all intersections and road segments that are forecasted to be level of service "E" and "F" in the horizon year, or if phased, in the years that each phase is planned to be complete, and an identification and description of specific mitigation measures, including signal, turn lane, or other warrant analyses as appropriate and necessary to bring these intersections and road segments into compliance with a level of service "D" or other city-adopted level of service for said road segment or intersection.

(22)

Drawing of improvements. If roadway improvements are needed, the study shall show a drawing at an engineering scale of one inch equals 20 feet for all recommended lane configurations.

(23)

Signalization. If signalization is warranted by the traffic signal warrants outlined in the Manual on Uniform Traffic Control Devices (MUTCD), a warrant analysis shall also be conducted as a part of the traffic impact analysis. If a traffic signal is warranted, the warrant package in the study shall show a drawing at an engineering scale of one inch equals 20 feet detailing the signal design and phasing plans.

(24)

Costs. The estimated costs associated with implementing all such mitigation measures shall be provided in the traffic impact analysis. The traffic impact analysis may take into account any city/county/state approved roadway, traffic signalization, and other improvements in determining mitigation measures and providing recommendations.

(25)

References. A listing of all technical documents and resources cited or consulted in preparing the traffic impact analysis.

(26)

Technical appendix. Relevant technical information, including, but not limited to, copies of raw traffic count data used in the analysis, calculation sheets and/or computer software output for all LOS and V/C calculations in the analysis, and warrant worksheets for signals, turn lanes, signal phasing, etc., used in the analysis.

(ULDC 2005, § 9-22-4-11; Ord. No. 2020-42, § XLIX, 11-3-2020)

The director of public works is further authorized to promulgate and require the use of additional technical specifications for conducting traffic impact analysis, which shall be consistent with analysis methods included in the most recent Highway Capacity Manual, Manual on Uniform Traffic Control Devices, and/or Traffic Access and Impact Studies for Site Development: A Recommended Practice (Washington, DC: Institute of Transportation Engineers, 1991), as may be amended or republished from time to time.

(ULDC 2005, § 9-22-4-12; Ord. No. 2020-42, § XLIX, 11-3-2020)

The city assumes no liability for any costs or time delays (either direct or consequential) associated with the preparation and review of traffic impact analyses. There shall be no application review fee for a traffic impact study.

(ULDC 2005, § 9-22-4-13; Ord. No. 2020-42, § XLIX, 11-3-2020)

The applicant for the proposed development or the qualified professional shall submit one electronic copy of the traffic impact study and technical appendix, five paper copies of the traffic impact analysis, and one paper copy of the technical appendix to the director of community and economic development. The director of community and economic development shall transmit the electronic copy, four paper copies of the traffic impact study and the paper copy of the technical appendix to the director of public works, who may at his discretion submit copies of the report to applicable review agencies such as the state department of transportation, the metropolitan planning organization, or an adjacent local jurisdiction. Within ten working days of receipt of a traffic impact analysis, the director of public works shall review all calculations and analyses and determine if they are complete, reasonable, understandable, consistent, and fully explained. The conclusions presented in the traffic impact analysis shall be consistent with and supported by the data, calculations, and analyses in the report. Calculations, graphs, tables, data, and/or analysis results that are contrary to good common sense or not consistent with and supported by the data will not be accepted. In such events, the director of public works shall return the traffic impact analysis to the development applicant for correction.

(ULDC 2005, § 9-22-4-14; Ord. No. 2020-42, § XLIX, 11-3-2020)

Within ten working days of receipt of a completed traffic impact study, the director of public works shall complete his review, the study and submit to the director of community and economic development all recommendations for mitigation measures, as stated in the traffic impact study, and include any interpretations or recommended conditions of approving the discretionary development proposal that will mitigate traffic impacts of the proposed development.

(ULDC 2005, § 9-22-4-15; Ord. No. 2020-42, § XLIX, 11-3-2020)

(a)

Upon receipt of the recommendations of the director of public works with regard to the traffic impacts of the discretionary development proposal, the director of community and economic development shall determine which mitigation measures constitute "project" improvements and which mitigation measures constitute "system" improvements within the context of the Georgia Development Impact Fee Act of 1990.

(b)

In the event that a particular improvement is called for in the traffic impact study or recommended by the director of public works, and the director of community and economic development is unable to uniquely attribute the recommendation as a project or system improvement or finds that such improvement has characteristics of both a project improvement and a system improvement, the director of community and economic development, with the assistance of the director of public works, if necessary, shall determine the proportion of the cost of such improvement that can reasonably be attributed to the development as a project improvement, and the portion of such improvement that can reasonably be considered a system improvement.

(ULDC 2005, § 9-22-4-16; Ord. No. 2020-42, § XLIX, 11-3-2020)

Upon the determination of project improvements needed to mitigate the traffic impacts of the discretionary development proposal, as provided in this chapter, the director of community and economic development shall recommend that the project improvements be completed by the developer as conditions of approval of the discretionary development proposal.

(ULDC 2005, § 9-22-4-17; Ord. No. 2020-42, § XLIX, 11-3-2020)

When the director of public works recommends improvements as a condition of a development proposal that the director determines are wholly or partially "system" improvements, the director of community and economic development may include such recommendations in the recommended conditions of approval for the discretionary development application. The development applicant and the city in the case of system improvements shall have the following options:

(1)

The applicant for a discretionary development proposal may voluntarily agree to pay for the cost of providing the system improvements, or a pro-rated share of the cost of said system improvements that are reasonably attributed to the subject development, as determined by the city.

(2)

In the case of an application for discretionary development proposal before the governing body, the city may find that the proposed development will provide substantial adverse impacts on the transportation system. The city may find further that the existing transportation system is insufficient to serve the proposed development and that the city is unable to provide adequate transportation facilities within a reasonable amount of time after the impacts of said development would occur. Given such findings, the governing body may reduce the development density or intensity to the degree that the impacts of the development proposal do not degrade transportation facilities below accepted level of service standards, require a phasing of the development in a manner that adequate public facilities will be provided publicly or privately, or in cases where such other alternatives do not address the adverse impacts, deny an application for a discretionary development proposal.

(ULDC 2005, § 9-22-4-18; Ord. No. 2020-42, § XLIX, 11-3-2020)

An applicant for a discretionary development proposal may appeal a decision of the director of public works or the director of community and economic development in the administration and interpretation of this chapter to the planning and appeals board as an appeal of an administrative decision as provided in this Code.

(ULDC 2005, § 9-22-4-19; Ord. No. 2020-42, § XLIX, 11-3-2020)

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

DRI review initiation request form means a form intended to provide additional information about the proposed project to the regional development center (RDC), the submission of which serves as an official request that the DRI review process be started by the RDC.

Initial DRI information form means a form intended to identify basic information about a proposed development of regional impact on which a local government is being requested to take action, and which provides information to the regional development center (RDC). This form notifies the RDC of a potential development of regional impact in order for the RDC to meet its responsibilities within the DRI review process.

Regional development center means the Georgia Mountains Regional Development Center.

(ULDC 2005, § 9-22-5-1)

This chapter shall apply when an applicant (industry, business, or developer) requests some type of local government action related to a project, such as, but not limited to, a request for a zoning change or special use, zoning variance, permit, hookup to a water or sewer system, master or site plan approval, or entering into a contract, and it appears that the proposed development (or, for multi-phased projects, the complete development) meets the threshold of a development of regional impact, according to Rules of Georgia Department of Community Affairs, chapter 110-12-3, Developments of Regional Impact, Effective July 1, 2001, as may be amended from time to time.

(ULDC 2005, § 9-22-5-2)

If a proposed development project is to be located in more than one jurisdiction and, in total, the proposed development meets or exceeds a DRI threshold, the local government in which the largest portion of the project is to be located is responsible for initiating the DRI review process.

(ULDC 2005, § 9-22-5-3)

(a)

The application procedures established in chapters 9-22-2 and 9-22-3 will be modified by this chapter in cases where a rezoning or special use application, or an annexation application respectively, fits the definition of a "development of regional impact." Developments of regional impact will be processed according to procedures of the state department of community affairs as described in Rules of Georgia Department of Community Affairs, chapter 110-12-3, Developments of Regional Impact, effective July 1, 2001, as may be amended from time to time.

(b)

When an application is received for development that meets or exceeds the thresholds established for that development type and thus constitutes a development of regional impact according to the aforementioned rules of the state department of community affairs, the city will follow the procedures identified in said administrative rules which are summarized here.

(c)

When an application for a development of regional impact is received, the director on behalf of the city will complete an initial DRI information form and a DRI review initiation request form. Each of these two forms may be submitted to the regional development center simultaneously, provided the city has all necessary project-related information.

(d)

The city shall not take any official legislative or administrative action to advance or further a DRI project until the review process identified under the DRI review procedure specified in Rules of Georgia Department of Community Affairs, chapter 110-12-3, Developments of Regional Impact, Effective July 1, 2001, as may be amended from time to time, is completed. The city may undertake preliminary staff administrative functions associated with a proposed DRI including, but not limited to, project evaluation/assessment, site visits, and placing consideration of the application on a future agenda for formal action, if required. The city shall not take any official action related to such a project until the DRI review process is completed and the city has had adequate time to consider the DRI review comments.

(e)

After the DRI review process is completed, the city may proceed with whatever action it deems appropriate regarding the proposed project, although it is encouraged to take the public finding and additional comments into consideration as it makes its decision.

(f)

If the project receives a negative public finding from the regional development center and the city approves said project or takes action to advance said project, the city shall notify the regional development center and the state department of community affairs of its action and identify all local requirements it has placed on the development that could mitigate any negative findings identified in the DRI review process.

(ULDC 2005, § 9-22-5-4)

Persons may seek relief from compliance with the zoning-related requirements of this Code pursuant to this chapter when the strict application would create a particular and unique hardship, by filing an application for variance with the director of community and economic development for consideration by the planning and appeals board in accordance with this chapter. Such relief may be granted only to the extent necessary to alleviate such unnecessary hardship and not as a convenience neither to the applicant nor to gain any advantage or interest over similarly-zoned properties.

(ULDC 2005, § 9-22-6-1; Ord. No. 2020-42, § L, 11-3-2020)

(a)

An application for a zoning variance for any property in the city may be initiated by the governing body, planning and appeals board, owner of the property, or some other person given authorization by property owner to file said application.

(b)

Any applicant wishing to submit an application for a zoning variance request must schedule an appointment with the community and economic development department staff in order to review the application for completeness. No such application shall be accepted for processing by the director unless it meets the requirements of this section. Incomplete or improper applications will be returned to the applicant. The director is hereby authorized to establish administrative deadlines for the receipt of applications.

(ULDC 2005, § 9-22-6-2; Ord. No. 2020-42, § L, 11-3-2020)

If denied, a variance request affecting the same property shall not be reconsidered for a period of 12 months from the date of denial; provided, however, that the planning and appeals board may reduce the waiting period under extenuating circumstances or on its own motion. A request to reduce the waiting period must be asked for and acted upon by the planning and appeals board during the public hearing at which the request was first considered.

(ULDC 2005, § 9-22-6-3; Ord. No. 2020-42, § L, 11-3-2020)

(a)

Applications for variances in zoning. Applications for zoning variance shall include the following:

(1)

Application form. A completed application. All applications shall be submitted to the community and economic development department on the department's application forms.

(2)

Fee. All applications shall be accompanied by a non-refundable fee as fixed from time to time by the governing body. A fee shall not be charged if the governing body or the planning and appeals board initiate the application.

(3)

Plat or boundary survey. A plat or boundary survey of the property involved in the application. Provide one scaled and folded copy, and one 8½-inch by 11-inch, or 11-inch by 17-inch, reproducible size copy.

(4)

Statement of hardship. A statement of hardship form with various questions to be answered by an applicant in a manner describing how each situation applies to the application. The applicant may complete the questions on the form provided with the application, or the applicant can type the answers on a separate sheet of paper as part of the written narrative, identifying each component as such.

(5)

Written narrative. A written narrative should indicate, at a minimum the purpose of the request, proposed use, economic and environmental impacts as well as overlay zones or protection areas in which the property is located, such as the North Oconee Water Supply Watershed Protection Overlay Zone.

(6)

Architectural renderings. Architectural renderings for any proposed new construction or exterior alterations of the existing structure, including, at a minimum:

a.

Roof pitch;

b.

Materials to be used on exterior;

c.

Basic landscaping proposed; and

d.

Building elevations.

If the architectural rendering is in a color format or is larger than an 11-inch by 17-inch size copy, nine copies of the colored or large-scale rendering must be submitted with the completed application.

(7)

Concept plan. An application for a zoning variance approval related to a residential subdivision, multifamily, or nonresidential use or zoning district shall be accompanied by a concept plan if any new construction is proposed or alteration of the site is required under the site or development design standards of this Code. An as-built survey (rather than a concept plan) indicating the most current development conditions must be submitted with those applications regarding existing developments that are not to be altered. The concept plan must be prepared by a professional engineer, or a registered land surveyor; landscape architect; or architect. The concept plan shall meet the requirements of section 9-22-6-5. The applicant shall submit nine scaled and folded copies, folded to fit into an eight-inch by ten-inch size envelope, and one 11-inch by 17-inch reproducible copy.

(b)

Requesting necessary information for review. The director may request information in addition to that specified in this section when considered necessary for review of the application by the governing body or planning and appeals board.

(ULDC 2005, § 9-22-6-4; Ord. No. 2020-42, § L, 11-3-2020)

The concept plan shall show the following, as appropriate to the variance requested:

(1)

Name, address and telephone number of the property owner.

(2)

Name, address and telephone number of the applicant.

(3)

Date of survey, north point and graphic scale, source of datum, date of plan drawing, and revision dates, as appropriate.

(4)

Proposed use of the property.

(5)

Location (land district and land lot) and size of the property in acres (or in square feet if less than an acre).

(6)

Location map of the property in relation to the surrounding area with regard to well-known landmarks such as arterial streets or railroads. Location maps must be drawn at a scale sufficient to show clearly the information required, but not less than one inch equal to 2,000 feet. U.S. Geological Survey maps may be used as a reference guide.

(7)

Zoning district classification of the subject property and all adjacent properties, and zoning district boundaries as appropriate.

(8)

Natural features within the property, including drainage channels, bodies of water, wooded areas and other significant natural features such as rock outcroppings. On all watercourses entering or leaving the property, the direction of flow shall be indicated. The 100-year floodplain, if any, shall be outlined.

(9)

Manmade features within and adjacent to the property, including existing streets and names, city and county political boundary lines, and other significant information such as location of bridges, utilities, existing buildings to remain, and other features as appropriate to the nature of the request.

(10)

The proposed project layout including:

a.

For residential development projects, approximate lot lines and street right-of-way lines, along with the building setback lines.

b.

For multifamily and nonresidential development projects, the approximate outline and location of all buildings, and the location of all minimum building setback lines, outdoor storage areas, buffers, parking areas, and driveways.

(11)

The proposed phasing of the development if it is proposed to be built in sections.

(12)

A statement as to the source of domestic water supply.

(13)

A statement as to the provision for sanitary sewage disposal.

(14)

A statement as to the practicability of runoff reduction and feasibility of site and size of aboveground and/or belowground stormwater BMPs with respect to desired zoning density.

(15)

The approximate location and surface area of proposed stormwater facilities.

(16)

Such additional information as may be useful to permit an understanding of the proposed use and development of the property.

(ULDC 2005, § 9-22-6-5; Ord. No. 2020-42, § L, 11-3-2020)

Before the planning and appeals board may take final action on a proposed variance application, the planning and appeals board shall hold a public hearing on the proposal. At least 30 days prior to the public hearing before the planning and appeals board, notice shall be published in a newspaper of general circulation within the city and mailed to the owner of the property that is the subject of the proposed variance. The notice shall be prepared by the community and economic department and shall include the location of the property, the present zoning classification of the property, the variance requested, and the date, time, place, and purpose of the public hearing before the planning and appeals board.

(ULDC 2005, § 9-22-6-6; Ord. No. 2020-42, § L, 11-3-2020; Ord. No. 2023-14, § III, 6-20-2023)

At least 15 days, but not more than 45 days, prior to the public hearing, the city shall post a sign or signs stating the date, time and place of the public hearing before the planning and appeals board, the present zoning classification and the proposed variance. One such sign shall be placed in a conspicuous location along each street frontage of the property for which the variance has been requested. If the property has no street frontage, the sign shall be placed on each street from which access will be gained to the property.

(ULDC 2005, § 9-22-6-7; Ord. No. 2020-42, § L, 11-3-2020)

At least ten days prior to the planning and appeals board public hearing, the applicant shall cause a notice to be mailed to all persons owning property located abutting or across any street from the property that is the subject matter of the variance application. The written notice shall be mailed to the property owners as such names and addresses appear on the county's ad valorem tax records. The notice shall state the date, time, place and purpose of the hearing by the planning and appeals board.

(ULDC 2005, § 9-22-6-8; Ord. No. 2020-42, § L, 11-3-2020)

(a)

Within a reasonable period of time after acceptance of a complete application, the director may, but shall not be required to, send the application or notice thereof out for review by internal municipal departments and external agencies as may be appropriate. Any written comments received in a timely manner as a result of such review shall be submitted for consideration to the planning and appeals board and governing body, or summarized in a memorandum. Any such comments shall become public records.

(b)

The director may, but shall not be required to, investigate and make a recommendation regarding the variance application. Any such investigation and recommendation if in writing be made available to the applicant and planning and appeals board prior to its public hearing and shall become public records. Copies of the director's findings and recommendations, if provided, shall be available no later than the time of the planning and appeals board's public hearing on the matter.

(ULDC 2005, § 9-22-6-9; Ord. No. 2020-42, § L, 11-3-2020)

(a)

The planning and appeals board shall convene a public hearing on the variance application as provided in the public notice. The public hearing shall follow policies and procedures which govern calling and conducting public hearings established in chapter 9-22-9. The planning and appeals board shall have 65 calendar days from the date of its public hearing within which to take final action on the variance application.

(b)

In rendering a decision on a variance application, the planning and appeals board shall consider all information supplied by the applicant, the director, and any information presented at the public hearing of the planning and appeals board. After conducting a public hearing, in taking action on an application, the planning and appeals board may:

(1)

Approve the application as submitted.

(2)

Approve the application with conditions.

(3)

Deny the proposal.

(4)

Table the proposal for consideration at its next scheduled meeting, provided that it acts within its allotted 65-day review period.

(c)

The action of the planning and appeals board on the variance application shall be final; provided, however, that any person adversely affected by any determination made by the planning and appeals board relative to the approval or denial of a variance application may appeal such determination to a court of competent jurisdiction in the manner provided by law.

(ULDC 2005, § 9-22-6-10; Ord. No. 2020-42, § L, 11-3-2020)

The planning and appeals board shall consider the following standards in considering any variance application, giving due weight or priority to those factors that are appropriate to the circumstances of each proposal:

(1)

There are extraordinary and exceptional conditions pertaining to the particular piece of property in question because of its size, shape, or topography;

(2)

The application of this Code to this particular piece of property would create an unnecessary hardship;

(3)

There are conditions that are peculiar to the property which adversely affect its reasonable use or usability as currently zoned;

(4)

Relief, if granted, would not cause substantial detriment to the public good or impair the purposes and intent of this Code;

(5)

There must be a proved hardship by showing beyond a doubt the inability to make a reasonable use of the land if the zoning ordinance were applied literally; and

(6)

The hardship cannot be self-created; e.g., as in a case where the lot was purchased with the knowledge of an existing restriction.

(ULDC 2005, § 9-22-6-11; Ord. No. 2020-42, § L, 11-3-2020)

(a)

A variance application may be withdrawn at any time at the discretion of the person or entity initiating such a request upon notice to the director, up until the public hearing by the planning and appeals board is closed.

(b)

If the applicant withdraws the application prior to the publication of notice for public hearing before the planning and appeals board, the application shall be withdrawn administratively by the director without restriction on the refiling of a proposed variance on the property in the future.

(c)

If the applicant withdraws the application after notice has been published or is irretrievably set for publication but the application has not been heard by the planning and appeals board, the application shall be withdrawn administratively by the director and an application for variance on the property may not be resubmitted for six months from the date of withdrawal.

(d)

If the request for withdrawal is made at the planning and appeals board public hearing on the case, the request may be approved by a majority vote of the board, but an application for a variance on the property may not be resubmitted for 12 months from the date of withdrawal. However, that the planning and appeals board may reduce the waiting period under extenuating circumstances or on its own motion. A request to reduce the waiting period must be asked for and acted upon by the planning and appeals board during the public hearing at which the request was first considered.

(ULDC 2005, § 9-22-6-12; Ord. No. 2020-42, § L, 11-3-2020)

In no case shall a variance be granted for any of the following:

(1)

A condition created by the applicant, including the result of an unwise investment decision or real estate transaction.

(2)

A change in the conditions of approval imposed through a rezoning application approved by the governing body.

(3)

Reduction of a minimum lot size required by a zoning district.

(4)

Use of land or buildings or structures that is not permitted by the zoning district that is applicable to the property.

(5)

Any increase in the number of dwelling units or nonresidential building floor area otherwise permitted by the zoning district that is applicable to the property.

(ULDC 2005, § 9-22-6-13; Ord. No. 2020-42, § L, 11-3-2020)

Approval of a zoning variance on a property located within the city shall be in full force and effect upon its approval by the planning and appeals board and shall be effective for a period of 12 months. If no action is taken by the applicant to implement the purpose of the application within 12 months from the date of approval, said approval shall become null and void. A zoning variance shall be specific to the request made by the current applicant and shall not stay with the property, as is the case for a zoning change.

(ULDC 2005, § 9-22-6-14; Ord. No. 2020-42, § L, 11-3-2020)

Persons may appeal to the planning and appeals board for relief when aggrieved by an action or an interpretation of an administrative official of the city made under this Code. All such requests for relief shall be taken as an appeal to the planning and appeals board, as provided in this chapter.

(ULDC 2005, § 9-22-7-1)

(a)

Appeals of an administrative decision may be initiated by any person aggrieved by a decision made under this Code or by an officer or department head of the city. Such appeal shall be initiated within 15 days of the action or decision appealed from by filing with the community and economic development department director an application for an appeal of an administrative decision specifying the grounds thereof. If the person aggrieved by an action within this Code does not initiate an appeal within 15 days, then the decision of the administrative official shall stand, and no further administrative remedy shall be available under this Code.

(b)

Any applicant wishing to submit an application for an appeal of administrative decision must schedule an appointment with the community and economic development department staff in order to review the application for completeness. No such application shall be accepted for processing by the director unless it meets the requirements of this section. Incomplete or improper applications will be returned to the applicant. The director is hereby authorized to establish administrative deadlines for the receipt of applications.

(ULDC 2005, § 9-22-7-2)

The community and economic development department director will attempt to resolve the issue within 15 days of receipt of the notice of appeal. Unresolved issues will be referred to the planning and appeals board for final action.

(ULDC 2005, § 9-22-7-3)

(a)

Application to appeal administrative decision. To initiate an appeal, an application must be submitted to the community and economic development department which shall include, at minimum, the following:

(1)

Application form. A completed application. All applications shall be submitted to the department of planning and development on the department's application forms.

(2)

Fee. All applications shall be accompanied by a non-refundable fee as fixed from time to time by the governing body. A fee shall not be charged if the governing body or the planning and appeals board initiate the application.

(3)

Written narrative. A written narrative explaining the request and purpose for the appeal.

(b)

Requesting necessary information for review. The community and economic development department, in reviewing an application, shall also be authorized to require any supporting information necessary to review an administrative decision on the record necessary to resolve the request for appeal. These may include, but are not limited to, plat or boundary survey, architectural renderings, or concept plan or as-built surveys. When the appeal application is referred to the planning and appeals board, the applicant shall be required to submit a sufficient number of scaled and reproducible size copies of such supporting documentation as determined by the community and economic development department.

(ULDC 2005, § 9-22-7-4)

Before the planning and appeals board may take final action on an application for an appeal of an administrative decision, the planning and appeals board shall hold a public hearing on the appeal application. At least 30 days prior to the public hearing before the planning and appeals board, notice shall be published in a newspaper of general circulation within the city and mailed to the person who filed the appeal. The notice shall be prepared by the community and economic development department and shall include the date, time, place, and purpose of the public hearing before the planning and appeals board. The planning and appeals board shall follow the public hearing process described in section 9-22-2-11 for a rezoning or special use request, with the exception that a decision by the planning and appeals board shall constitute final action.

(ULDC 2005, § 9-22-7-5; Ord. No. 2023-14, § IV, 6-20-2023)

The filing of a completed application for an appeal of an administrative decision stays all legal proceedings in furtherance of the action appealed from, unless the officer or department head from whom the appeal is made certifies to the planning and appeals board, after the notice of appeal shall have been filed, that by reason of facts stated in the certificate a stay would cause imminent peril to life or property. In such case, proceedings shall not be stayed unless the applicant for appeal of an administrative decision gains a restraining order which must be granted by a court of competent jurisdiction.

(ULDC 2005, § 9-22-7-6)

(a)

The planning and appeals board shall make findings and render a decision after the initial public hearing on the appeal application. The planning and appeal board's secretary shall notify the applicant, in writing, of its decision within five days after the board has rendered its decision.

(b)

The planning and appeals board may affirm, overrule or modify, in whole or in part, the rulings of an administrative officer's decision or interpretation pursuant to this Code. In cases where an appeal is granted, the planning and appeals board may direct the issuance of land development permits or building permits, not otherwise inconsistent with this Code or other ordinance adopted by the governing body.

(c)

A decision of the planning and appeals board pursuant to this chapter shall constitute final action and may be appealed only to a court of competent jurisdiction in the manner provided by law.

(ULDC 2005, § 9-22-7-7)

Approval of an appeal on a property located within the city shall be in full force and effect upon its approval by the planning and appeals board. An appeal approved by the planning and appeals board on a property located within the city shall be effective for that specific request and applicant. Approval of said appeal shall not be transferable (Language from current Code in amendment for applications adopted last year).

(ULDC 2005, § 9-22-7-8)

This Code may be amended from time to time in whole or in part by the governing body under the provisions of this chapter.

(ULDC 2005, § 9-22-8-1)

A text amendment may be initiated by the governing body, planning and appeals board, or historic preservation commission by a majority vote of those voting, or by the director or other city departmental director.

(ULDC 2005, § 9-22-8-2)

A pre-application meeting with the director is required prior to filing a text amendment. Applications for text amendments shall require submittal of the following:

(1)

Application form. A completed application. All applications shall be submitted to the department of planning and development on the department's application forms, including signed and notarized signature of the property owner.

(2)

Fee. All applications shall be accompanied by a non-refundable fee as fixed from time to time by the governing body. A fee shall not be charged if the governing body or the planning and appeals board initiate the application.

(3)

Letter of intent. A written narrative describing the purpose of the request and addressing how the proposed application meets the criteria to consider for text amendments as specified in section 9-22-2-5.

(4)

Disclosure. A statement of disclosure complying with O.C.G.A. § 36-67-1, "Conflict of Interest in Zoning Actions," if not incorporated into the required application form.

In cases where an applicant is proposing a text amendment to modify an existing zoning district or create a new zoning district, and where the applicant also desires to rezone property to the modified or new zoning district, the two applications shall not be considered concurrently.

(ULDC 2005, § 9-22-8-3)

Before the governing body may take final action on a proposed text amendment, the planning and appeals board or historic preservation commission shall hold a public hearing on the proposal. At least 15 days, but not more than 45 days, prior to the public hearing before the planning and appeals board or historic preservation commission, notice shall be published in a newspaper of general circulation within the city. The published notice shall be prepared by the community and economic development department and shall include the nature of the proposed text amendment, and the date, time and place of the public hearing before the planning and appeals board or historic preservation commission. Notice of the date, time, and place of the public hearing before the governing body shall also be included in the notice.

(ULDC 2005, § 9-22-8-4)

The governing body, planning and appeals board, or historic preservation commission shall consider the following standards for text amendments, giving due weight or priority to those standards that are appropriate to the circumstances of each proposal:

(1)

The extent to which the proposed text amendment is consistent with the purpose and intent of this Code.

(2)

The extent to which the proposed text amendment is compatible with the purpose and intent of the comprehensive plan.

(3)

Whether the proposed text amendment adequately addresses new or changing conditions in the city.

(4)

Whether the proposed text amendment is needed to properly implement the comprehensive plan.

(5)

The extent to which the proposed text amendment promotes the public health, safety, morality or general welfare of the city.

(ULDC 2005, § 9-22-8-5)

The planning and appeals board or historic preservation commission shall convene a public hearing on the text amendment as provided in the public notice. The public hearing shall follow policies and procedures which govern calling and conducting public hearings established in chapter 9-22-9. The planning and appeals board or historic preservation commission shall have 65 calendar days from the date of its public hearing within which to submit its recommendation on the text amendment. The planning and appeals board or historic preservation commission may submit any additional report it deems appropriate. The recommendations of the planning and appeals board or historic preservation commission shall have an advisory effect only and shall not be binding on the governing body.

(ULDC 2005, § 9-22-8-6)

The governing body shall hold a public hearing on the text amendment. In rendering a decision on any such text amendment, the governing body shall consider all information supplied by the applicant, director and the planning and appeals board or historic preservation commission, any information presented at the public hearing of the planning and appeals board, and information gained at its own public hearing. The governing body shall either approve or disapprove of the application, or it may modify the text amendment language as proposed or recommended and approve the text amendment as modified.

(ULDC 2005, § 9-22-8-7; Ord. No. 2009-47, § XLIII, 12-15-2009)

Any application for a text amendment may be withdrawn at any time at the discretion of the person or entity initiating such a request upon notice to the director, up until the public hearing by the planning and appeals board or historic preservation commission is closed.

(ULDC 2005, § 9-22-8-8)

(a)

Approval of a text amendment shall be in full force and effect upon its approval or upon the stated effective date thereof, and shall thereupon apply to every property for which a use has not been established or for which a building permit or development permit may subsequently be requested.

(b)

For a property on which a use, building, structure or other improvements existed in conformity with this Code 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 nonconformities in article 9-11. Construction of any use, building, structure, or other improvements for which a building permit has been issued in conformity with this Code 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 nonconformities in article 9-11, as applicable.

(ULDC 2005, § 9-22-8-9)

There shall be no waiting period for reapplication of text amendments.

(ULDC 2005, § 9-22-8-10)

Any public hearing required by this article shall be called and convened at the scheduled time and place, and it shall be conducted in accordance with the procedures of this chapter. For purposes of this chapter, the term "hearing body" shall refer to the governing body, the planning and appeals board, and the historic preservation commission. Nothing contained in this chapter shall be construed as prohibiting a presiding official or hearing body from conducting a public hearing in a fair, orderly, and decorous manner.

(ULDC 2005, § 9-22-9-1)

The presiding officer shall preside over the public hearing as follows:

(1)

Governing body. In the case of a governing body, the mayor shall have authority to preside but may delegate the presiding official's duties to the city attorney. In the absence of the mayor, the mayor pro tempore shall have authority to preside but may delegate the presiding official's duties to the city attorney. In the absence of both the mayor and mayor pro tempore, another member of the governing body shall be have authority to preside but may delegate the presiding official's duties to the city attorney.

(2)

Planning and appeals board. In the case of the planning and appeals board, the chairperson of said board shall preside, or in the absence of the chairperson, the vice-chairperson, if designated, or if neither is present to preside, another member of the board shall be designated to preside.

(3)

Historic preservation commission. In the case of the historic preservation commission, the chairperson of said commission shall preside, or in the absence of the chairperson, the vice-chairperson, if designated, or if neither is present to preside, another member of the commission shall be designated to preside.

(ULDC 2005, § 9-22-9-2)

The presiding official shall indicate that a public hearing has been called on one or more applications made pursuant to this article, shall summarize the processes required by this chapter, and shall open the public hearing. Thereupon, the presiding official shall call the first case and the hearing body shall consider each application on an individual basis in succession as printed on the published agenda or as otherwise approved by the hearing body; provided, however, that the presiding officer may, at his discretion, call and consider more than one application simultaneously when more than one application involves the same piece of property, and when proceedings would be efficiently completed by combining separately required public hearings and discussing more than one scheduled matter as a single group of applications.

(ULDC 2005, § 9-22-9-3)

Upon opening the public hearing, the presiding official shall, unless he elects to summarize and present information about the application personally, recognize the director or designee of the community and economic development department, who shall provide a summary of the application and present any recommendations or results of investigations. In the case of public hearings before a governing body, unless a member of the planning and appeals board or historic preservation commission is present and is authorized and willing to speak for the board on the subject application, the director shall also summarize the recommendations made by the planning and appeals board or historic preservation commission. Any member of the hearing body, upon recognition by the presiding official, may ask questions of the director or designee or other city official, or planning and appeals board or historic preservation commission representative providing the report or recommendations.

(ULDC 2005, § 9-22-9-4)

(a)

When an individual application comes up for hearing, the presiding official may ask for a show of hands of those persons who wish to appear in support of the application. If it appears that the number of persons wishing to appear in support of the application is in excess of that which may reasonably be heard, the presiding official may request that a spokesperson for the group be chosen to make presentations. Following the report of the director or designee, the presiding official shall recognize the applicant or his agent, spokesperson, or each of them, who shall present and explain the application.

(b)

There shall be a minimum time period of ten minutes per application at the public hearing for the proponents to present data, evidence, and opinions; the hearing body shall not be obligated to provide the full ten-minute period to the proponents if they elect not to use that much time. Any member of the hearing body, upon recognition by the presiding official, may ask questions of the applicant or agent of the applicant, or both. Time devoted to questions and answers will not be counted against any time limitations that have been imposed on presentations.

(ULDC 2005, § 9-22-9-5)

(a)

At the conclusion of the applicant's presentation, the presiding official shall initiate the public comment portion of the public hearing. When an individual application comes up for review, the presiding official may ask for a show of hands of those persons who wish to ask questions, make comments, and/or appear in opposition to the application. If it appears that the number of persons wishing to ask questions, make comments, or appear in opposition to the application is in excess of that which may reasonably be heard, the presiding official may request that a spokesperson for the group be chosen to make presentations and ask questions, or appear in opposition. There shall be a minimum time period of ten minutes per application at the public hearing for the opponents to present data, evidence, and opinions and ask questions; the hearing body shall not be obligated to provide the full ten-minutes per application to the opponents if they elect not to use that much time.

(b)

Prior to speaking, each speaker will identify him and state his current address. Each speaker shall speak only to the merits of the proposed application under consideration and shall address his remarks only to the hearing body. Each speaker shall refrain from personal attacks on any other speaker or the discussion of facts or opinions irrelevant to the proposed application under consideration. The presiding official may limit or refuse a speaker the right to continue, if the speaker, after first being cautioned, continues to violate this procedure.

(c)

The hearing body will consider the questions raised during the public portion of the hearing and may elect to answer questions following the speakers, or it may defer questions to the applicant to be answered during rebuttal. Any member of the hearing body upon recognition by the presiding official may ask questions of a member of the public giving testimony. Time devoted to questions and answers will not be counted against any time limitations that have been imposed on presentations.

(ULDC 2005, § 9-22-9-6)

(a)

At the conclusion of public testimony, or upon the expiration of time allotted for public testimony, the applicant or his agent, or both, shall be allowed a short opportunity for answer questions, rebut the testimony of the public, and provide final comments and remarks. The time devoted to any such rebuttal shall be counted toward the total ten minutes allotted to the applicant if a time limit is set by the presiding official.

(b)

Any member of the hearing body upon recognition by the presiding official may ask questions of the applicant, his agent, or both. Time devoted to questions and answers will not be counted against any time limitations that have been imposed on presentations.

(ULDC 2005, § 9-22-9-7)

After the foregoing procedures have been completed, the presiding official will indicate that the public hearing is closed. Upon the closing of the public hearing, the applicant or his agent and any member of the public shall no longer address the hearing body in any way, including hand waving or motions for attention; provided, however, that at any time considered appropriate, the presiding official may reopen the public hearing for a limited time and purpose.

(ULDC 2005, § 9-22-9-8)

(a)

After the public hearing is closed, the hearing body may either vote upon the application or may delay its vote to a subsequent meeting, subject to the limitations of this article, provided that notice of the time, date and location when such application will be further considered shall be announced at the meeting during which the public hearing is held.

(b)

After hearing evidence, in making a decision, the hearing body shall apply the evidence to the criteria specified in this article, as appropriate given the type of application. It will not be required that the hearing body consider every criterion given the type of application. It shall be the duty of the applicant to carry the burden of proof that approval of the proposed application will promote the public health, safety, morality or general welfare.

(c)

If the hearing body determines the evidence presented by the applicant has shown that the proposed application promotes the health, safety, morals, and general welfare under applicable criteria, then the application shall be granted, subject to those reasonable conditions as may be imposed by the hearing body on its own initiative or as may be recommended by the planning and appeals board or the director. Otherwise, such application shall be denied. In cases where one or more companion applications are submitted and the governing body attaches conditions to the application, such conditions shall, unless otherwise specifically stated otherwise, become conditions of approval for each companion application.

(ULDC 2005, § 9-22-9-9)

In the case of the planning and appeals board, the following provisions shall apply to its decision making:

(1)

A total of four planning and appeals board members present shall constitute a quorum. A majority vote of the quorum shall be necessary to approve any decision or recommendation.

(2)

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

(3)

A tie vote on a motion to recommend approval of an application shall be deemed a recommendation for denial of the application. 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 application, it will go forward to the governing body with no recommendation.

(ULDC 2005, § 9-22-9-10; Ord. No. 2009-47, § XLIV, 12-15-2009)

In the case of the historic preservation commission, the following provisions shall apply to its decision making:

(1)

A motion to recommend approval or denial of a designation application, or a motion to approve or deny a certificate of appropriateness, must be approved by an affirmative vote of at least three members in order for the motion to be approved.

(2)

A recommendation to approve or deny a proposed ordinance for designation shall be made by the historic preservation commission within 15 days following the public hearing, and shall be in the form of an ordinance to the governing body.

(3)

The historic preservation commission shall hold a public hearing and act upon all proposed certificates of appropriateness within 45 days of receipt of a complete application. Should a request for a certificate of appropriateness be tabled, the 45-day period will start over to allow time for the applicant to modify an application for a certificate of appropriateness.

(ULDC 2005, § 9-22-9-11)

Any challenges or appeals of any zoning decision or quasi-judicial decision shall be brought within 30 days of the written decision of the challenged or appealed action.

(Ord. No. 2023-14, § V, 6-20-2023)

Except for zoning decisions resulting in the grant or denial of a special use permit, all other zoning decisions are subject to direct constitutional challenge regarding the validity of maintaining the existing zoning on the subject property, the validity of conditions, or an interim zoning category other than what was requested, in the superior court pursuant to its original jurisdiction over declaratory judgments pursuant to O.C.G.A. Chapter 4 of Title 9 and equity jurisdiction under O.C.G.A. Title 23. Review by the superior court shall be de novo, wherein the review brings up the whole record from the city, and all competent evidence shall be admissible at the trial of the appeal, whether adduced in the city's process or not. The city's zoning decision will be presumed valid, which presumption shall be overcome substantively by a showing of clear and convincing evidence that the zoning classification is a significant detriment to the petitioner and is insubstantially related to the public health, safety, morality, or general welfare.

(Ord. No. 2023-14, § V, 6-20-2023)

Quasi-judicial decisions and zoning decisions resulting in the grant or denial of a special use permit are subject to appellate review by the superior court pursuant to its appellate jurisdiction from a lower judicatory body and shall be brought by way of petition for such review as provided for in O.C.G.A. Title 5. Such matters shall be reviewed on the record which shall be brought up to the superior court as provided in O.C.G.A. Title 5.

(Ord. No. 2023-14, § V, 6-20-2023)

The director shall have the authority, without additional action by the planning and appeals board or the city, to approve or issue any form or certificate necessary to perfect the petition described in section 9-22-10-3, and shall accept service on behalf of the planning and appeals board, during normal business hours, at the regular offices of the community and economic development department.

(Ord. No. 2023-14, § V, 6-20-2023)

The city clerk has authority to accept service and shall accept service of a petition described in section 9-22-10-3 on behalf of the city, during normal business hours, at the regular offices of the local government.

(Ord. No. 2023-14, § V, 6-20-2023)