The city may from time to time amend:

(1)

The number, shape, boundary or area of any zoning district, or may amend any regulation pertaining to any district; or

(2)

Any article or section of this chapter.

This chapter shall provide the procedure for amending these regulations.

(Ord. of 10-2-1995, § 86-1901)

A petition to amend the text of this chapter or the official zoning map may be initiated by the city council, the planning commission, or any person that owns property involved in a petition for amendment, subject to the provisions established in this chapter.

(Ord. of 10-2-1995, § 86-1902)

(a)

The city or the planning commission may at any time file, in its own name, an application for amendment to the text of this chapter or the official zoning map, except that if a zoning decision of the city council is for the rezoning of property, and the amendment to this chapter and map to accomplish the rezoning is defeated by the city council, the same property may not again be considered for rezoning until the expiration of at least six months immediately following the defeat of the rezoning by the city.

(b)

A property owner or subsequent property owner shall not initiate action for a map amendment, conditional use permit or variance affecting the same or any portion of property more often than once every 12 months from the date of any previous decision of denial rendered by the city.

(c)

A property owner or subsequent property owner shall not initiate action for an amendment to this chapter text affecting the same or any portion of property more often than once every 12 months from the date of any previous decision of denial rendered by the city.

(d)

This section shall not be construed as to limit new applications involving the same property for which the application was made, provided the new application contains substantive differences from the original application as determined by the zoning administrator.

(Ord. of 10-2-1995, § 86-1903)

Any petition for an amendment to this chapter text, official zoning map, conditional use approval or variance may be withdrawn, at the discretion of the person or agency initiating such a request, at any time prior to closing the required public hearing by the city council upon written notice to the zoning administrator. If the public hearing before the city has been completed, withdrawal by the applicant is not permitted. Any required application fees shall be refunded to the applicant only if such application has not been prepared and submitted for advertisement as determined by the zoning administrator.

(Ord. of 10-2-1995, § 86-1904)

Application materials specified in this section shall be required for the following petitions, amendments to the official zoning map, conditional use permits, variances and appeals:

(1)

An application form furnished by the zoning administrator;

(2)

A legal description of the property to be considered in the application. The legal description shall be by metes and bounds unless the zoning administrator accepts an alternative legal description (such as a tax plat map). Boundary surveys of the property should be submitted with the application whenever available;

(3)

A letter of intent that at a minimum describes the general characteristics of the proposed development such as type and timeframe of development, background information in support of such application and any other information deemed pertinent by the applicant. For variance applications, the letter of intent shall address the criteria specified in section 42-530. For zoning map amendment applications, the letter of intent shall address the standards specified in section 42-528. For conditional use permit applications, the letter of intent shall address the standards specified in section 42-529;

(4)

Applicants for variances, conditional use permits and map amendment to commercial or industrial zoning districts shall require a site plan with all information specified in section 42-527. Unless otherwise noted in the approval, the site plan submitted in support of an approved application shall be considered a part of the approval and must be followed;

(5)

A fee for said application in an amount as established from time to time by city council resolution; and

(6)

Applications which require action by the city council shall also require disclosure of any conflicts of interest as specified in O.C.G.A. § 36-67A-1 et seq., Conflict of Interest in Zoning Actions.

Applicants shall submit 15 copies of any required site plans and letters of intent to the zoning administrator for distribution to the applicable bodies and/or review agencies. The zoning administrator may require more or less copies depending on the nature and extent of required review.

(Ord. of 10-2-1995, § 86-1905)

All site plans required by this chapter shall, at a minimum, contain the following information:

(1)

Title of the proposed development and the name, address and telephone number of the property owner.

(2)

The name, address and telephone number of the architect, engineer or other designer of the proposed development.

(3)

Scale, date, north arrow and general location map showing relationship of the site to streets or natural landmarks.

(4)

Boundaries of the subject property, all existing and proposed streets, including right-of-way and street pavement widths, buildings, watercourses, parking and loading areas and other physical characteristics of the property and proposed development.

(Ord. of 10-2-1995, § 86-1906)

The applicant, zoning administrator, planning commission and city council should review an application for zoning map amendment with regard to the following criteria:

(1)

The existing uses and zoning of nearby property and whether the proposed zoning will adversely affect the existing use or usability of 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 promotes the health, safety, morals or general welfare of the public.

(4)

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

(5)

The physical suitability of the subject property for development as presently zoned and under the proposed zoning district.

(6)

The length of time the property has been vacant, considered in the context of land development in the area in the vicinity of the property, and whether there are existing or changed conditions affecting the use and development of the property which give supporting grounds for either approval or disapproval of the rezoning request.

(7)

The zoning history of the subject property.

(8)

The extent to which the proposed zoning will result in a use which will or could cause excessive or burdensome use of existing streets, transportation facilities, utilities, schools, parks or other public facilities.

(9)

Whether the zoning proposal is in conformity with the policy and intent of the comprehensive plan, land use plan or other adopted plans.

(10)

The possible creation of an isolated district unrelated to adjacent and nearby districts.

The zoning administrator, planning commission and city may consider other factors deemed relevant before formulating recommendations and taking action on a particular request.

(Ord. of 10-2-1995, § 86-1907)

The applicant, zoning administrator, planning commission and city council should review applications for conditional uses with regard to the following criteria:

(1)

Off-street parking and loading facilities are adequate in terms of location, amount and design to serve the use.

(2)

The number, size and type of signs proposed are compatible with the surrounding area.

(3)

The amount and location of open space and the provision of screening is such that buffering of incompatible uses is achieved.

(4)

Ingress and egress to the property is suitable and safe, and the effect of the proposed activity on traffic flow along adjoining streets is not adverse.

(5)

The location and intensity of outdoor lighting is such that it does not cast light on adjacent, adjoining or neighboring properties.

(6)

Hours and manner of operation of the proposed use are not inconsistent with adjacent and nearby uses.

(7)

Public facilities and utilities are capable of adequately serving the proposed use.

(8)

The proposed use will not have a significant adverse effect on the level of property values or the general character of adjacent land uses or the general area.

(9)

The physical conditions of the site, including size, shape, topography and drainage, are suitable for the proposed development.

(10)

The proposed use is consistent with the goals and objectives of the city's comprehensive plan.

(11)

The proposed use and development are compatible with adjacent and nearby uses and buildings in terms of density and scale of development.

(12)

Applications for proposed conditional uses in Heavy Industrial (M-2) Districts shall be considered and evaluated with regard to the foregoing criteria in this section and also with regard to the following additional criteria and after complying with the following requirements:

a.

The applicant shall obtain, at the applicant's expense, and present to the administrator with the application, building plans and specifications for the proposed data mining center. The plans and specifications shall contain and include sufficient detail with regard to materials, structures, dimensions, and digital machinery and equipment so that an acoustic engineer or other qualified acoustic professional can prepare a noise remediation study that accurately and realistically predicts the noise levels likely to be produced in surrounding areas from the specific intended use.

b.

The applicant must obtain, at the applicant's expense, from an acoustic engineer or other qualified acoustic professional, a preconstruction noise remediation study or evaluation of the conditional use based on the actual building plans and specifications of the intended use. The study or evaluation shall be based on details of the plans and specifications submitted by the applicant. The study shall include such analysis as is reasonably necessary to support its conclusions.

c.

The study must establish that, based on the plans and specifications of the intended use, any noise at the site shall be reduced to a suitable level for surrounding residential areas, less than 60Db.

d.

Any recommendations of the acoustic engineer or other qualified acoustic professional as to materials, structures, methods, or other matters that are necessary or appropriate to reduce noise at the site to less than 60Db shall be incorporated into the applicant's building plans and specification.

e.

Any construction or other process that is, in the opinion of the acoustic engineer or other qualified acoustic professional, necessary or appropriate to reduce noise at the site to less than 60Db, and is so stated in the study, shall be completed before issuing a Certification of Occupancy (CO) or business license.

f.

The city shall have the right to reject the conclusions of the applicant's acoustic engineer or other qualified acoustic professional if the reasoning or conclusions appear to be flawed or not well grounded in the specific facts of the intended use.

The zoning administrator, planning commission and city may consider other factors deemed relevant before formulating recommendations and taking action on a particular conditional use application.

(Ord. of 10-2-1995, § 86-1908; Ord. No. 2022-03, § 4, 6-1-2020)

The city is hereby empowered to authorize upon application in specific cases such variance from the dimensional requirements of zoning regulations (any provisions requiring a number to be achieved, such as height in feet, setback, lot area, lot width, parking and loading requirements, etc.) as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of these regulations will in an individual case, result in unnecessary hardship, so that the spirit of these regulations shall be observed, public safety and welfare secured, and substantial justice done. The existence of permitted or nonconforming use of neighboring land, buildings or structures in the same zoning district or of permitted or nonconforming uses in other districts shall not constitute a reason for the requested variance. A variance may be granted in an individual case of unnecessary hardship, after appropriate application in accordance with section 42-526, upon specific findings that all of the following conditions exist. The absence of any one condition shall be grounds for denial of the application for variance.

(1)

There are extraordinary and exceptional conditions pertaining to the particular piece of property in question because of its size, shape or topography that are not applicable to other land or structures in the same district;

(2)

A literal interpretation of the provisions of these zoning regulations would create an unnecessary hardship and would deprive the applicant of rights commonly enjoyed by other property owners within the district in which the property is located;

(3)

Granting the variance requested will not confer upon the property of the applicant any special privileges that are denied to other properties of the district in which the applicant's property is located;

(4)

Relief, if granted, will be in harmony with the purpose and intent of these regulations and will not be injurious to the neighborhood or general welfare in such a manner as will interfere with or discourage the appropriate development and use of adjacent land and buildings or unreasonable affect their value;

(5)

The special circumstances are not the result of the actions of the applicant;

(6)

The variance requested is the minimum variance that will make possible the legal use of the land, building or structure;

(7)

The variance is not a request to permit a use of land, building or structures that is not permitted by right in the district involved; and

(8)

A variance shall not be granted in cases where the requested relief to the property owner can be remedied by a change to a zoning district which otherwise would not require a variance.

(Ord. of 10-2-1995, § 86-1909)

(a)

The city council is empowered to hear and decide appeals where it is alleged there is an error in any order, requirement, decision or determination made by the zoning administrator in the interpretation or enforcement of these zoning regulations.

(b)

Such appeal shall be taken within 30 days, or as provided by city rules, by filing with the zoning administrator a notice of appeal specifying the grounds thereof. All papers constituting the record upon which the action appealed from was taken shall forthwith be transmitted to the city.

(c)

The city council shall select a reasonable time and place for the hearing of the appeal and give at least 15 days of public notice thereof and due notice to the parties in interest and shall render a decision on the appeal within a reasonable time.

(d)

This section shall not be construed as permitting an appeal of the city's denial of a rezoning request or conditional use, the appropriate remedy of which would be a suit filed in the county superior court.

(Ord. of 10-2-1995, § 86-1910)

A petitioner may simultaneously submit multiple applications involving the same property, such as a rezoning request, conditional use, and variance. The planning commission and city council may simultaneously hear and consider multiple applications, provided the applicable public notice and other specified requirements are met. The proper order of consideration of multiple applications shall be the rezoning request first, conditional use second and variance third. The city council may consider and act upon a variance request at the same meeting as a rezoning request and/or conditional use is approved, in accordance with section 42-530. For multiple applications, specified filing fees shall be paid for each individual application, to defray the cost of newspaper advertisements and posting of signs on the subject property.

(Ord. of 10-2-1995, § 86-1911)

(a)

The letter of intent, site plan, and other information submitted as a part of any approved application for zoning map amendment, variance, appeal or conditional use, as well as any statements of intent made by the petitioner in public meetings recorded in the minutes of the body considering the application, shall be considered a part of the approval and must be followed.

(b)

In addition to the conditions of following the submitted site plan, letter of intent and other assurances made by the petitioner, the planning commission may recommend, and the city council may attach, any conditions to its approval which it finds necessary to render the proposed development compatible with adjacent and nearby properties and land uses.

(c)

Applications to modify the approved site plan, letter of intent or other conditions of approval may be considered by the city after review and recommendation by the planning commission, without the requirement of any public hearings. Any request, however, which in the zoning administrator's opinion constitutes a change that is tantamount to a new application that would otherwise require a rezoning, new conditional use or variance to articles and sections of this chapter not previously contemplated shall require resubmittal and reconsideration of the request as a new application that meets all submittal, notification and public hearing requirements specified in this chapter.

(Ord. of 10-2-1995, § 86-1912)

(a)

This section shall apply to all applications for amendments to this chapter, amendments to the official zoning map, petitions for variances and appeals to the city council, and requests for conditional use approval. Except as otherwise noted, this section shall apply to the adoption and readoption of a zoning chapter and official zoning map.

(b)

Upon receipt of a completed application, fees and other information required by this chapter, the zoning administrator shall cause notice of such application to be published at least one time in a newspaper of general circulation in the city council at least 15 days but not more than 45 days prior to the date of public hearing before the city. Said published notice shall include, as a minimum, the purpose, location, date and time of the public hearing before the planning commission and city council, the location of the property being considered, the present zoning classification of the property, and proposed action to be taken, as appropriate (such as proposed zoning district, type of conditional use, variance to particular articles and sections, and so forth). The zoning administrator shall also cause to have posted in a conspicuous place on said property one or more signs, each of which shall contain the information specified for published notices. The public hearing before the planning commission and the city shall not take place until said signs have been posted for a least 15 days but not more than 45 days prior to the date of the public hearing. The posting of signs shall not be required for appeals, since an appeal only applies to interpretation of zoning regulations that apply to all similarly situated properties. The city shall not require the posting of signs when adopting or readopting a zoning chapter and official zoning map.

(c)

Public hearings may be delayed, rescheduled or continued at another time and date, provided announcement is given at the time and place of the initially scheduled and advertised public hearing, and provided such date, time and location of the public hearing to be delayed, rescheduled or continued is announced.

(Ord. of 10-2-1995, § 86-1913)

The zoning administrator may, as appropriate, customarily submit to the planning commission and city council, prior to a scheduled public hearing, copies of the site plan and letter of intent along with a written recommendation for approval, disapproval, deferral, withdrawal or other recommendation. Said recommendation shall include the reasons for said recommendation, considered within the context of the appropriate criteria as specified by this chapter. The zoning administrator's recommendation shall have an advisory effect only and shall not be binding on the city. Copies of the zoning administrator's recommendation shall be made available upon request to the applicant and other interested parties upon completion and distribution to the appropriate bodies and at the public hearing.

(Ord. of 10-2-1995, § 86-1914)

(a)

Prior to the public hearing held by the city council, the planning commission shall hold a public hearing on all applications for amendment to the text of the zoning regulations, amendments to the official zoning map, conditional use applications and variances. The planning commission shall also provide a recommendation regarding adoption or readoption of a zoning chapter or official zoning map.

(b)

After completing its studies of the particular petition, the planning commission shall submit a recommended action in writing to the city council. The planning commission may submit any additional report it deems appropriate. The planning commission's recommendation shall have an advisory effect only and shall not be binding on the city. Copies of the planning commission's recommendation and report shall be made available upon request to the applicant and other interested parties upon completion and distribution to the city council and at the public hearing before the city.

(c)

The planning commission shall have 30 days within which to submit its recommendation. The city council shall not take action on any of said applications, until it has received the planning commission's recommendation within the specified time period; provided, however, that this shall not be construed to limit the city council from conducting its scheduled public hearing on the matter, should it desire to do so. If the planning commission fails to submit a recommendation within the 30-day period, it shall be deemed to have approved the recommended application.

(Ord. of 10-2-1995, § 86-1915)

All public hearings regarding applications considered by the planning commission and city council shall be held in accordance with any procedures adopted by said body and, in addition, shall be governed by the following procedures:

(1)

The presiding officer shall open the hearing by stating the specific application being considered at the public hearing. At this time the presiding officer may summarize the public hearing procedures.

(2)

The zoning administrator or other staff may present a description of the proposed application, any applicable background material, his recommendation regarding action on said application as appropriate, and the planning commission's recommendation and report, as appropriate.

(3)

Persons who support the application will be asked to comment first. The petitioner may, upon recognition and upon statement of name and address, present and explain his application. The petitioner, or his designated agent, is expected to attend the public hearing unless written notice of hardship is received prior to such meeting. A time limitation may be imposed at the discretion of the presiding officer.

(4)

Persons who oppose the application or who have questions about the subject application will be asked to comment next. All interested parties after being recognized shall be afforded an opportunity to address the proposed application by standing before the appropriate body and stating their name, address and interest along with any comments on the proposed application. A time limitation may be imposed at the discretion of the presiding officer.

(5)

The petitioner shall have an opportunity to answer any questions raised by the public, for summary remarks and for rebuttal concerning the proposed application.

(6)

Upon the completion of any comments from interested parties and the petitioner, the public hearing shall be completed and adjourned.

(7)

All public comments having been heard, the members of the body considering the application may publicly discuss the request among themselves. During this discussion period, the members of the body may call on the petitioner or other interested parties to clarify points made previously or to answer questions. Said petitioner or interested parties may respond upon recognition. Additional questions from the general public may not be asked once the public hearing has been closed. Unrecognized responses from the petitioner shall be ruled out of order by the presiding officer once the public hearing is closed and a vote or other action is being considered.

(Ord. of 10-2-1995, § 86-1916)

After the public hearing has been completed, the city council may take action to approve or deny the request, refer the application back to the zoning administrator or planning commission for further study, or table or defer action until a later meeting. In voting on a petition, the city council shall follow applicable bylaws for such body, or in lieu of adopted bylaws, shall generally follow the "Robert's Rules of Order."

(Ord. of 10-2-1995, § 86-1917)