The provisions of the zoning ordinance shall be administered by the zoning administrator in association with the city council.

(Ord. No. 23-0605, § 1(Exh. A), 6-5-2023)

The specific duties of the city council with respect to the zoning ordinance shall include, but not be limited to, the following:

(1)

Recommendations. Receiving from the zoning administrator and from the planning commission recommendations concerning the comprehensive plan, amendments to the comprehensive plan character area map, amendments of provisions of the zoning ordinance, special use permits, variances, or any other matters relating to planning and zoning within the city.

(2)

Public meetings. Conducting public hearings and meetings for the purpose of receiving information and public comment and taking final action on amendments to the comprehensive plan and the comprehensive plan character area map, text of the zoning ordinance, official zoning map, special use permits, variances, and other actions pursuant to the zoning ordinance.

(Ord. No. 23-0605, § 1(Exh. A), 6-5-2023)

(1)

Established; membership; officers.

(a)

There is hereby created the city planning commission, whose purpose is to carry out the provisions of this chapter assigned to it within applicable provisions of the laws of the state. This chapter, including the official zoning maps, may be amended by the city council on its own motion, on a petition, or on recommendation of the planning commission, but no amendment shall become effective unless it has been proposed by or submitted to the planning commission for review and recommendation.

(b)

Members of the planning commission shall be appointed by the city council. The planning commission shall consist of up to seven members who are citizens of or won property within the city and who shall be appointed for two year terms, beginning on January 5 through January 4 of each year, or until their successors shall be appointed. No member shall hold any elective public office within the city. Unexpired terms shall be filled by the city council. Members are removeable for cause by the city council upon written charges and after a public.

(c)

The planning commission shall elect a chair and vice-chair (who shall be acting chair in the absence of the chair) on an annual basis.

(2)

Powers of chair. The chair (or in his/her absence the vice-chair) shall preside at all meetings and hearings of the planning commission and decide all points of order or procedure. The chairman shall appoint any committees which may be found necessary. The chairman shall be the deciding vote in any vote ending in a tie.

(3)

Duties of secretary. The zoning administrator (secretary to the planning commission) shall conduct all correspondence of the planning commission; keep a minutes book recording attendance and the vote of each member upon each question, or, if absent, the failure to vote, indicating such fact; keep records of examinations and hearings and other official actions; and carry out such other official duties as may be assigned by the commission.

(4)

Meetings. Meetings of the planning commission will be held at least monthly. Notice must be provided to each member at least 48 hours prior to such meeting and such other public notice as required by law shall be provided and abided by. The zoning administrator shall inform the members of the planning commission of meetings.

(5)

Quorum. Three members of the planning commission shall constitute a quorum for the conduct of all business.

(6)

Conflicts of interest.

(a)

Neither the zoning administrator nor any member of the planning commission shall appear for or represent any person in any matter pending before the planning commission.

(b)

No member of the planning commission shall hear or vote upon an appeal in which he is directly or indirectly interested in a financial way.

(7)

Order of business. The order of business at meetings shall be as follows:

(a)

Roll call.

(b)

Review and approval of minutes of previous meeting.

(c)

Report of committees, if any.

(d)

Unfinished business.

(e)

Hearing of cases.

(f)

New business.

(8)

Failure to attend meetings; vacancies. Failure to attend three consecutive meetings or more shall be considered automatic resignation from the planning commission, and upon such resignation by other means, or other vacancies occurring in office, the chair or secretary (zoning administrator) shall inform the city council of such occurrence as promptly as possible, so the city council may appoint a replacement to fill the unexpired term.

(Ord. No. 23-0605, § 1(Exh. A), 6-5-2023; Ord. No. 24-0318A, § 1, 3-18-2024)

(1)

Initiation of amendments.

(a)

Amendments to the official zoning map or to the comprehensive plan character area map may be initiated by:

(i)

The owner(s) of the subject property or the authorized agent(s) of the owner(s) of the property by application, provided that all requests for amendments to the comprehensive plan character area map are made in conjunction with a corresponding request for an amendment to the zoning map for the same areas and parcels;

(ii)

A request by the mayor or one or more members of the city council, or

(iii)

City staff.

(b)

Amendments to the text of the zoning ordinance may only be initiated by:

(i)

A request by the mayor or one or more members of the city council;

(ii)

Official action of the planning commission; or

(iii)

City staff.

(c)

No amendment to the text of the zoning ordinance, the official zoning map or the comprehensive plan character area map shall become effective unless it has followed all procedures for notice and public hearing pursuant to the requirements of State law and this article.

(d)

Application schedule.

(i)

Review and consideration of amendments to the zoning ordinance text, the official zoning map and the comprehensive plan character area map will be scheduled before the planning commission and the city council in accordance with a schedule prepared annually by the zoning administrator.

(ii)

Following a request to amend the zoning ordinance text, the official zoning map, or the comprehensive plan character area map, pursuant to subsection 102-B-12-4(1), the zoning administrator shall, upon determination that the request is complete, refer the application to the planning commission for review and recommendation.

(iii)

If any proposed amendment of the official zoning maps or the comprehensive plan character area maps is denied by the city council, no request for amendment involving the same property shall be accepted for filing until the expiration of six months following said denial.

(2)

Content of applications.

(a)

Amendments. Applications to amend the official zoning map or the comprehensive plan character area map shall be submitted on a form available from the zoning administrator and shall, at a minimum, include the following:

(i)

The name, address, telephone number, and email address of the owner, and the same information from the applicant, if different.

(ii)

The street address and tax parcel identification number of the property to be reclassified.

(iii)

The applicant's interest in the property, if the applicant is not the owner.

(iv)

A narrative description of the intent of the proposed amendment and the intended timing and phasing of development.

(v)

The current and proposed zoning and comprehensive plan character area map classification, existing and proposed uses of the property proposed to be reclassified and all zoning and comprehensive plan character area map classifications of properties abutting the subject property.

(vi)

If the application requests a change in the official zoning map, the applicant shall provide a written statement addressing the standards governing the exercise of zoning in subsection (7)(a) of this section. If the application requests a change in the comprehensive plan character area map, the applicant shall provide a written statement addressing the standards for review of comprehensive plan character area map amendments in subsection (7)(b) of this section.

(vii)

Any other plans, information, or documentation the zoning administrator may reasonably deem necessary or appropriate to a full and proper consideration and disposition of the particular application consistent with required review standards.

(viii)

If the proposed amendment to the official zoning map would meet the thresholds of a development of regional impact (DRI) as described in section 102-B-12-5, the applicant shall prepare and submit to the zoning administrator the necessary documentation required by such section.

(3)

Withdrawal of applications.

(a)

An application for an amendment to the official zoning map or comprehensive plan character area map may be withdrawn upon a written request by the applicant.

(4)

Procedures for review.

(a)

Pre-application conference. Prior to submission of an application for an amendment to the comprehensive plan character area map or official zoning map, an application seeking a variance, or an application seeking a special permit, the applicant should schedule a pre-application conference with the zoning administrator. The purpose of this meeting is to acquaint the applicant with the requirements of the UDO and the views and concerns of the city. No decisions on the application or assurances that a particular proposal will be approved shall be made.

(b)

Application acceptance. Within five business days after the established deadline for applications for an amendment to the official zoning map or the comprehensive plan character area map, the zoning administrator shall determine whether the application is complete. If the zoning administrator determines the application is complete, it will be accepted as filed and processed. If the zoning administrator determines the application is not complete, the application will not be deemed to have been filed, and the zoning administrator shall send a written statement to the applicant (by email or first-class mail) specifying the application's deficiencies. The application shall be returned to the applicant with a refund of fees paid, and the zoning administrator shall take no further action until the completed application is re-submitted for a subsequent application cycle. No application that has been determined as complete shall be amended in a manner that would impact the required advertising, except as provided for in this section.

(c)

Application review. When the zoning administrator determines an application for an amendment to the official zoning map or the comprehensive plan character area map is complete and has been properly filed, the zoning administrator shall submit the application to the planning commission for their review pursuant to subsection 102-B-12-4(7). The zoning administrator shall distribute copies of the application for review and comment to representatives from city agencies and departments having jurisdiction over the proposed action.

(d)

Site review. Prior to issuing its findings regarding a proposed amendment, the zoning administrator shall conduct a site review of the property and surrounding area and consult with and/or review comments from the representatives of the appropriate city agencies and departments regarding the impact of the proposed amendment upon public facilities and services.

(e)

Staff analysis and standards of review.

(i)

The zoning administrator shall prepare an analysis of each proposed amendment and shall present its findings in written form to the planning commission. Copies of the written findings of the staff shall be made available to the public at the planning commission meeting.

(ii)

In preparing the analysis for an amendment to the official zoning map, the zoning administrator shall consider and apply the standards in subsection (7)(a) of this section.

(iii)

In preparing the analysis for an amendment to the comprehensive plan character area map, the zoning administrator shall consider and apply the standards in subsection (7)(b) of this section.

(iv)

The zoning administrator shall prepare a report including all analysis and recommendations for presentation to the planning commission and city council, which report shall be a matter of public record.

(v)

The zoning administrator's report may recommend amendments to the applicant's request which would reduce the land area for which the application is made, change the zoning district requested, or recommend conditions of rezoning which may be deemed advisable so that the purpose of this article will be served and health, public safety, and general welfare secured.

(f)

Public hearing and first read. Following the receipt of recommendation from the planning commission of an application for an amendment to the official zoning map or an amendment to the comprehensive plan character area map or a text amendment, and upon a determination to proceed with consideration of the proposed amendment, the city council shall place it on the agenda of a regular meeting for a public hearing and a first read in accordance with the requirements of the zoning ordinance.

(g)

Developments of regional impact (DRI). If the proposed amendment would meet the thresholds of a DRI, as described in section 102-B-12-5 of this article, the city shall follow the procedures outlined in said section 102-B-12-5.

(5)

Notice of public hearings.

(a)

Legal notice. Due notice of public hearings, pursuant to this section, shall be published in a newspaper of general circulation within the city. The legal advertisement shall be published prior to the date of each required public hearing. When the public hearing being advertised is to be held by the planning commission, the legal advertisement shall be published at least 30 days but not more than 45 days prior to the date of each required public hearing. When the public hearing being advertised is to be held by the city council, the legal advertisement shall be published at least 15 days but not more than 45 days prior to the date of each required public hearing.

(b)

Signs posted. For an application to amend the official zoning map or comprehensive plan character area map, or a special permit, or a variance from the requirements of this zoning ordinance, the zoning administrator shall post a sign or signs prior to each public hearing required by this section. A sign shall not be required for amendments to the text of the zoning ordinance, nor for amendments to the zoning map initiated by the city council. When the posted sign is for a public hearing being advertised is to be held by the planning commission, the sign shall be posted at least 30 days but not more than 45 days prior to the date of each required public hearing. When the posted sign is for a public hearing being advertised to be held by the city council, the sign shall be posted at least 15 days but not more than 45 days prior to the date of each required public hearing.

(6)

Rules of procedure for public hearings.

(a)

Public hearing procedures for the city council. For each matter concerning the amendment of the comprehensive plan character area map, the official zoning map, text of the zoning ordinance or for any matter concerning the issuance of a special permit or other matter on the agenda that requires a public hearing and a vote of the city council, the following procedures shall be followed:

(i)

These rules of procedure and presentation, as well as standards governing the exercise of the power of zoning, as applicable, shall be in writing and shall be available for distribution to the general public.

(ii)

The mayor shall announce each matter to be heard and state that a public hearing is to be held on such matter.

(iii)

The mayor may request a report from the staff regarding its findings and recommendations.

(iv)

The mayor shall provide an opportunity for the applicant and any who support the applicant's petition to speak. The mayor shall provide equal opportunity for those who wish to speak in opposition to the applicant's petition. The mayor may limit the presentation of those for and against a petition to a reasonable length of time, but not less than ten minutes per side.

(v)

Prior to speaking, each speaker shall identify himself/herself. Each speaker shall limit remarks to data, evidence and opinions relevant to the proposed petition. Speakers shall address all remarks to the city council.

(vi)

Following the allotted time for proponents and opponents, the mayor shall close the public hearing with respect to the subject matter.

(7)

Application review standards.

(a)

Standards governing the exercise of zoning power. In reviewing the application of a proposed amendment to the official zoning map, the city council, the planning commission, and the zoning administrator shall consider the following standards:

(i)

Whether a proposed rezoning will permit a use that is suitable, in view of the use and development of adjacent and nearby property.

(ii)

Whether a proposed rezoning will adversely affect the existing use or usability of adjacent or nearby property.

(iii)

Whether the property to be affected by a proposed rezoning has a reasonable economic use as currently zoned.

(iv)

Whether the proposed rezoning will result in a use that will or could cause an excessive or burdensome use of existing streets, including the volume and nature of resulting traffic changes, transportation facilities, utilities or schools.

(v)

Whether the proposed rezoning is in conformity with the policies and intent of the comprehensive plan.

(vi)

Whether there are other existing or changing conditions affecting the use and development of the property that give supporting grounds for either approval or disapproval of the proposed rezoning.

(vii)

Whether, and the extent to which, the proposed amendment would result in significant adverse impacts on the natural environment.

(viii)

The feasibility of serving the property with public water and sewer service and the impacts of such on the city infrastructure.

(b)

Standards for review of comprehensive plan character area map amendments. When considering an amendment to the comprehensive plan character area map, the city council, the planning commission, and the zoning administrator shall consider:

(i)

Whether a proposed comprehensive plan character area map amendment would result in a comprehensive plan character area map classification that is more consistent with the text and policies of the comprehensive plan than the current classification of the property on the comprehensive plan character area map.

(ii)

Whether the proposed amendment would result in a character area that is more compatible with the current and future character area of adjacent and nearby property.

(iii)

Whether the proposed amendment would result in more efficient use of publicly financed community facilities and infrastructure.

(iv)

The extent to which the proposed amendment would increase adverse impacts on the natural environment; especially water quality, greenspace preservation and air quality.

(v)

Whether the proposed amendment would reduce dependence on the automobile.

(vi)

The extent to which the proposed amendment would increase adverse impacts on historic or cultural resources.

(vii)

If an amendment would affect only a single parcel, whether it should be made part of an area-wide review of future character areas that includes review of character areas for the subject parcel and other surrounding property.

(viii)

The degree to which the proposed amendment would have adverse impacts on land in adjacent municipalities and local governments.

(ix)

Whether the proposed amendment would result in any negative impacts on the public water and sewer systems or would conflict with adopted long-term water and sewer plans.

(8)

Action by planning commission. In making a recommendation on a proposed amendment to the comprehensive plan character area map or to the official zoning map, a special permit, or a text amendment, the planning commission shall review and consider the application and materials of record, the findings and recommendations of the zoning administrator and the applicable standards in subsection (7) of this section.

(a)

Recommendation. The planning commission shall make a recommendation to the city council to:

(i)

Approve the proposed amendment as requested by the applicant;

(ii)

Approve the proposed amendment with conditions; or

(iii)

Deny the proposed amendment.

(b)

No recommendation. A motion that fails by majority vote shall not be deemed as approval of the opposite position, and a new motion must be made to approve the opposite position. If the planning commission fails to make a decision on a recommendation regarding an amendment, it shall be deemed to have given a recommendation of "no recommendation" on the proposed amendment.

(c)

Time limit. The planning commission shall have 60 days from the date of receipt for a proposed amendment from the zoning administrator within which to forward its report and recommendation to the city council, which shall be done at the next regular meeting of the city council following action of the planning commission. If the planning commission shall fail to file such report and recommendation within the 60-day period, it shall be deemed to have given a recommendation of "approval" on the proposed amendment.

(9)

Action by the city council.

(a)

Considerations by the city council. In making a decision on an amendment to the comprehensive plan character area map or the official zoning map, a special permit, or a text amendment, the city council shall review and consider the application and materials of record, the findings and recommendations of the zoning administrator, the recommendation of the planning commission, and the applicable standards in subsection (7) of this section.

(b)

Actions by the city council. Subsequent to the public hearing, the city council shall take one of the following actions regarding the proposed amendment:

(i)

Approve the proposed amendment as requested;

(ii)

Approve the proposed amendment with conditions;

(iii)

Deny the proposed amendment; or

(iv)

Refer the matter back to the planning commission for reconsideration at its next regularly scheduled or called meeting; if such referral includes a public hearing, the matter shall be re-advertised in accordance with subsections (5)(a) and (5)(b) of this section; or

(v)

Defer final action until the next regularly scheduled or special called meeting.

(c)

Time limit. The city council shall have 90 days from receipt of the recommendation of the planning commission within which to take final action.

(d)

Notification and final record of action. Within ten business days following final action by the city council, written notification shall be mailed to the applicant and property owner. Thereupon the zoning administrator shall record the map amendment on the official zoning map or comprehensive plan character area map, as appropriate.

(Ord. No. 23-0605, § 1(Exh. A), 6-5-2023; Ord. No. 25-0505, § 22, 5-5-2025)

(1)

Application. When an amendment for a rezoning, special use permit, variance, preliminary plat review or permit includes any proposed development of a use and intensity that meets the definition of a DRI in the most recently published standards of the Three Rivers Regional Commission (TRRC), it shall be deemed to be a DRI. The documents for such rezoning, special permit, variance, preliminary plat review or permit shall include the information required for review of a DRI in accordance with the most recently published procedures of the TRRC.

(2)

Procedures. The applicant shall provide all documentation and attend all meetings necessary to meet the most recently published standards and procedures for review of DRI applications required by TRRC.

(Ord. No. 23-0605, § 1(Exh. A), 6-5-2023)

(1)

Purpose. The purpose of this section is to provide for uses that are generally compatible with the use characteristics of a zoning district but that require individual review of their location, design, intensity, configuration and public facility impact to determine the appropriateness of the use within a particular site in the district and its compatibility with adjacent uses. A special permit may not be approved in a given zoning district unless it is listed as a special use permit or a special administrative permit for the subject district in section 102-B-6-1, Table of permitted and prohibited uses.

(2)

Application procedures.

(a)

Special permit applications may be initiated upon application by the owner(s) of the subject property or the authorized agent of the owner(s).

(b)

Applications for special permits shall be for one of the following special permit types: special use permit or special administrative permit.

(c)

Applications for special permits shall be made on forms published and provided by the zoning administrator. Applications shall not be considered filed unless complete in all respects and all fees paid.

(d)

Each applicant shall complete all questions and requested materials contained within the required application form, including responses to the criteria in subsection (5) below, and all applicable supplemental regulations in article VII of this subchapter.

(3)

Staff analysis, findings of fact, and recommendation.

(a)

City staff shall conduct a site inspection and shall prepare an analysis of each application for special permit summarizing its findings in written form.

(b)

Staff review of each application for special permit shall be based on the criteria contained in subsection (5) of this section and in addition, where applicable to the use proposed, to the applicable supplemental regulations contained in article VII of this subchapter.

(c)

The zoning administrator shall prepare a report including all analysis and recommendations for presentation to the planning commission and city council, which report shall be a matter of public record.

(d)

The zoning administrator's report may recommend amendments to the applicant's request which would reduce the land area for which the application is made or recommend conditions of the special permit which may be deemed advisable so that the purpose of this article will be served and health, public safety, and general welfare secured.

(4)

Time limits of special use permits.

(a)

Time limits for the duration of each special permit may be further specified as part of the special permit approval.

(b)

Subject to any limit in duration, or unless otherwise provided within the regulations for a particular special use permit, the special permit shall become an integral part of the zoning applied to the subject property and shall be extended to all subsequent owners and interpreted and continually enforced by the zoning administrator in the same manner as any other provision of the UDO, subject to the limitations provided in subsections (7) of this section.

(5)

Special permit criteria to be applied. The following criteria shall be applied by the zoning administrator in evaluating and deciding any application for a special administrative permit, and by the zoning administrator, the planning commission, and the city council in evaluating and deciding any application for a special use permit. No application for a special permit shall be granted unless satisfactory provisions and arrangements have been made concerning each of the following criteria, all of which are applicable to each application:

(a)

Whether or not the proposed plan is consistent with all of the requirements of the zoning district in which the use is proposed to be located, including required parking, loading, setbacks and transitional buffers.

(b)

Compatibility of the proposed use with land uses on adjacent properties and other properties within the same zoning district, including comparisons of the size, scale and massing of proposed buildings in relation to the size, scale and massing of adjacent and nearby lots and buildings.

(c)

Adequacy of the ingress and egress to the subject property, and to all proposed buildings, structures, and uses thereon, including the traffic impact of the proposed use on the capacity and safety of public streets providing access to the subject site, as well as impacts on pedestrian movements and safety.

(d)

Consistency with the city's water and sewer systems, including the feasibility and impacts of serving the property with public infrastructure.

(e)

Adequacy of other public facilities and services, including stormwater management, schools, parks, sidewalks, and utilities, to serve the proposed use.

(f)

Whether or not the proposed use will create adverse impacts upon any adjacent or nearby properties by reason of noise, smoke, odor, dust, or vibration, or by the character and volume of traffic generated by the proposed use.

(g)

Whether or not the proposed use will create adverse impacts upon any adjoining land use by reason of the manner of operation or the hours of operation of the proposed use.

(h)

Whether or not the proposed use will create adverse impacts upon any environmentally sensitive areas or natural resources.

(6)

Development of an approved special permit. The issuance of a special permit shall only constitute approval of the proposed use, and development of the use shall not be carried out until the applicant has secured all other permits and approvals required.

(7)

Expiration of a special permit. Unless a building permit or other required approval is secured within 12 months, and construction subsequently undertaken pursuant to such building permit, the special permit shall expire automatically unless the permit is extended in accordance with subsection (8) of this section.

(8)

Time extension of a special permit. The time limitations imposed on special permits by subsection (4) and expiration date established pursuant to subsection (7) of this section may be extended, upon written request by the applicant and approval of the special use permit time extension by the city council and the approval of the special administrative permit time extension by the zoning administrator.

(Ord. No. 23-0605, § 1(Exh. A), 6-5-2023)

(1)

Authority. The city council may, in accordance with the procedures, standards and limitations of section 102-B-12-4, take final action on applications for special use permits for those uses listed as authorized by special use permit in each of the zoning districts in section 102-B-6-1, Table of permitted and prohibited uses.

(2)

Applications. Applications for a special use permit shall be submitted on a form available from the zoning administrator and shall not be accepted until it is determined by the zoning administrator to be complete and all fees paid. Following the acceptance of a completed application for a special use permit, the zoning administrator shall present such request to the planning commission for review and recommendation. The planning commission recommendation for such application shall be presented to the city council for a decision.

(3)

Public hearings required. Before deciding on any special use permit pursuant to the requirements set forth in this section, the city council shall provide for public notice and a public hearing thereon. No application for a special use permit shall be decided by the city council unless it has first been submitted to the planning commission for review and recommendation pursuant to the requirements of this section.

(4)

Notice of public hearings. Notice of public hearing on any proposed application for a special use permit shall be provided as is required in subsection 102-B-12-4(5) of this article and shall, in addition to the information required in subsection 102-B-12-4(5), indicating the special use requested for the subject property.

(5)

Withdrawal of application. An application for a special use permit may be withdrawn upon a written request by the applicant.

(6)

Action by the planning commission.

(a)

The secretary shall provide the members of the planning commission complete information on each proposed application for a special use permit, which the planning commission considers including a copy of the application and supporting materials, and the written report of the zoning administrator applying the required criteria in subsection 102-B-12-6(5) and the supplemental regulations of article VII of this subchapter, where applicable, to each application.

(b)

Prior to initiating a motion regarding its recommendation to the city council, the planning commission shall review and consider each of the criteria contained in subsection 102-B-12-6(5) of this article, and the supplemental regulations contained in article VII of this subchapter, where applicable to the proposed use.

(c)

The planning commission recommendation on each application shall be based on a determination as to whether or not the applicant has met the criteria contained in subsection 102-B-12-6(5), the supplemental regulations contained in article VII of this subchapter, where applicable to the proposed use, and the requirements of the comprehensive plan character area and zoning district in which such use is proposed to be located.

(d)

The planning commission may recommend the imposition of conditions based upon the facts in a particular case in accordance with section 102-B-12-14.

(e)

The planning commission may recommend approval of the special use permit application, approval of the application with conditions, or denial of the application. Failure to achieve a majority vote shall result in no recommendation to the city council on the matter.

(f)

Time limit. The planning commission shall have 60 days from the date of receipt of a special use permit application from the zoning administrator within which to file its report and recommendation with the city council. If the planning commission shall fail to file such report and recommendation within the 60-day period, it shall be deemed to have given a recommendation of "no recommendation" on the proposed amendment.

(7)

Action by the city council.

(a)

The secretary shall provide the city council information from decisions of the planning commission on each proposed application for special use permit, including a copy of the application and supporting materials, and the written report of the zoning administrator containing the required criteria in subsection 102-B-12-6(5) and the supplemental regulations of article VII of this subchapter, where applicable, to each application.

(b)

After a public notice as required in subsection (3) of this section, the city council shall conduct a public hearing in a manner consistent with subsection 102-B-12-4(6) of this article. The city council shall review and consider each of the criteria contained in subsection 102-B-12-6(5) of this article, and the supplemental regulations contained in article VII of this subchapter, where applicable to the proposed use.

(c)

The decision of the city council on each application for special use permit shall be based on a discretionary determination as to whether or not the applicant has met the criteria contained in subsection 102-B-12-6(5), the supplemental use standards contained in article VII of this subchapter where applicable to the use proposed, the consistency of the application with the comprehensive plan, the requirements of the zoning district in which such use is proposed to be located, and whether additional conditions could be imposed which would help ensure the compatibility of the special use with the surrounding properties. The city council may impose conditions based upon the facts in a particular case in accordance with section 102-B-12-14.

(d)

The city council, after conducting the public hearing with public notice required by this section, shall take one of the following actions:

(i)

Vote to approve the application.

(ii)

Vote to approve the application with conditions.

(iii)

Vote to deny the application.

(iv)

Vote to defer the application to its next regular meeting or special called meeting.

(v)

Vote to refer the matter back to the planning commission for reconsideration at their next regularly scheduled meeting or special called meeting. If such referral includes a public hearing, the matter shall be re-advertised in accordance with subsection 102-B-12-4(5).

(e)

Time limit. The city council shall have 90 days from the date of the regular meeting at which it first receives the report and recommendation of the planning commission for a special use permit within which to take final action.

(Ord. No. 23-0605, § 1(Exh. A), 6-5-2023; Ord. No. 25-0505, § 23, 5-5-2025)

(1)

Authority. The zoning administrator may, in accordance with the procedures, standards and limitations of section 102-B-12-4, take final action on applications for special administrative permits for those uses listed as authorized by special administrative permit in each of the zoning districts in section 102-B-6-1, Table of permitted and prohibited uses.

(2)

Withdrawal of application. An application for a special administrative permit may be withdrawn upon a written request by the applicant prior to the decision of the zoning administrator, however, there shall be no refund of application fees after an application has been deemed filed by the zoning administrator.

(3)

Action by the zoning administrator.

(a)

The zoning administrator's decision on each application shall be based on a determination as to whether or not the applicant has met the criteria contained in subsection 102-B-12-6(5) and the supplemental regulations of article VII of this subchapter, where applicable to the proposed use, and the requirements of the comprehensive plan character area and zoning district in which such use is proposed to be located.

(b)

Ability to impose conditions. The zoning administrator may attach reasonable conditions to a special administrative permit when necessary to prevent or minimize adverse impacts upon surrounding property or the environment.

(c)

The zoning administrator may recommend approval of the special administrative permit application, approval of the application with conditions, or denial of the application.

(d)

Decisions shall be made within 45 days of filings unless extended by mutual consent of the applicant and zoning administrator.

(e)

Decisions shall be in writing and shall be transmitted to the applicant by first class mail or email.

(4)

Public hearing at the planning commission. The zoning administrator shall report to the planning commission on all special administrative permits through a public hearing at the planning commission prior to making a final decision on such permits. Public hearings at the planning commission for special administrative permits shall meet the requirements for public hearings in section 102-B-12-7.

(Ord. No. 23-0605, § 1(Exh. A), 6-5-2023)

(1)

Authority. The city council may, in accordance with the procedures set forth in this section, take final action on applications for variances.

(2)

Purpose. The purpose of a variance is to provide a mechanism when, owing to special conditions, the strict application of the zoning ordinance would impose on a landowner exceptional and undue hardship.

(3)

Initiation. A written petition for a variance may be initiated by the owner(s) of the subject property or the authorized agent(s) of the owner(s) of the property for which relief is sought. Applications shall be filed on forms provided by the zoning administrator and shall not be considered filed unless complete in every respect.

(4)

Application procedures. The application shall contain the following information and documentation:

(a)

Name, address, telephone number, and email address of owner(s) and applicant, if not owner.

(b)

Legal description, street address, lot number and subdivision name, if any, of the property that is the subject of the application.

(c)

The size of the subject property.

(d)

The purpose for the requested variance, and a statement of the intended development of the property if the variance is granted.

(e)

The specific provision of the zoning ordinance from which a variance is requested.

(f)

A statement concerning each of the standards for granting variances in subsection (8) of this section.

(g)

A statement explaining how the proposed variance is consistent with the general spirit and intent of the zoning ordinance and the comprehensive plan.

(5)

Staff report.

(a)

The zoning administrator shall conduct a site inspection and shall prepare an analysis of each application for variance applying the criteria and standards set forth in subsection (8) of this section. The staff report shall be presented in written form to the planning commission at the scheduled hearing date.

(b)

The zoning administrator shall prepare a report including all analysis and recommendations for presentation to the planning commission, which report shall be a matter of public record.

(c)

The zoning administrator's report may recommend amendments to the applicant's request which would reduce the land area for which the application is made, or recommend conditions of the variance which may be deemed advisable so that the purpose of this article will be served and health, public safety, and general welfare secured.

(6)

Public notice procedures. The public notice procedures for a variance application shall be in conformance with subsection 102-B-12-4(5).

(7)

Public hearing procedures. The public hearing procedures for a variance application shall be in conformance with subsection 102-B-12-4(6)(a) of this article. The city council may administer oaths and compel attendance of witnesses by subpoena.

(8)

Standards for granting variances.

(a)

Granting variances. City council shall not grant a variance unless it has, in each case, made specific findings of fact based directly upon the particular evidence presented supporting written conclusions that the variance meets each of the following criteria:

(i)

Arises from a condition that is unique and peculiar to the land, structures and buildings involved.

(ii)

Is necessary because the particular physical surroundings, the size, shape or topographical condition of the specific property involved would result in unnecessary hardship for the applicant; as distinguished from a mere inconvenience, if the provisions of the zoning ordinance are literally enforced.

(iii)

The condition requiring the requested relief is not ordinarily found in properties with the same zoning district designation as the subject property.

(iv)

The condition is created by the regulations of the zoning ordinance and not by an action or actions of the property owner or the applicant.

(v)

The granting of the variance will not impair or injure other property or improvements in the neighborhood in which the subject property is located, nor impair an adequate supply of light or air to adjacent property, substantially increase the congestion in the public streets, increase the danger of fire, create a hazard to air navigation, endanger the public safety or substantially diminish or impair property values within the neighborhood.

(vi)

The variance granted is the minimum variance that will make possible the reasonable use of the land, building or structures.

(vii)

The variance desired will not be opposed to the general spirit and intent of the zoning ordinance or the purpose and intent of the comprehensive plan.

(b)

No variance shall be authorized to:

(i)

Allow a structure or use not authorized in the applicable zoning district or a density of development that is not authorized within such district.

(ii)

Conflict with or change any requirement enacted as a condition of zoning or of a special use permit authorized by the city council.

(iii)

Reduce, waive or modify in any manner the minimum lot area established by the zoning ordinance in any zoning district.

(iv)

Reduce, waive or modify in any manner the minimum lot area established by the city council through a special condition of approval.

(v)

Permit the expansion or enlargement of any nonconforming situation or nonconforming use requiring a special use permit.

(vi)

Permit the re-establishment of any non-conforming situation or nonconforming use requiring a special use permit where such use has lapsed.

(9)

Action by the planning commission.

(a)

The secretary shall provide the members of the planning commission complete information on each proposed application for a variance, which the planning commission considers including a copy of the application and supporting materials, and the written report of the zoning administrator applying the required criteria in subsection (8) of this section to each application.

(b)

Prior to initiating a motion regarding its recommendation to the city council, the planning commission shall review and consider each of the criteria contained in subsection (8) of this section.

(c)

The planning commission recommendation on each application shall be based on a determination as to whether or not the applicant has met the criteria contained in subsection (8) of this section.

(d)

The planning commission may recommend the imposition of conditions based upon the facts in a particular case in accordance with subsection 102-B-12-14.

(e)

The planning commission may recommend approval of variance application, approval of the application with conditions, or denial of the application. Failure to achieve a majority vote shall result in no recommendation to the city council on the matter.

(f)

Time limit. The planning commission shall have 60 days from the date of receipt of a variance application from the zoning administrator within which to file its report and recommendation with the city council. If the planning commission shall fail to file such report and recommendation within the 60-day period, it shall be deemed to have given a recommendation of "approval" on the proposed amendment.

(10)

Action by the city council.

(a)

The secretary shall provide the city council information from decisions of the planning commission on each proposed application for special variance, including a copy of the application and supporting materials, and the written report of the zoning administrator containing the required criteria in subsection (8) of this section to each application.

(b)

After a public notice as required in subsection (6) of this section, the city council shall conduct a public hearing in a manner consistent with subsection (7) of this section. The city council shall review and consider each of the criteria contained in subsection (8) of this section.

(c)

The decision of the city council on each application for variance shall be based on a discretionary determination as to whether or not the applicant has met the criteria contained in subsection (8) of this section, the consistency of the application with the comprehensive plan, the requirements of the zoning district in which such use is proposed to be located, and whether additional conditions could be imposed which would help ensure the compatibility of the variance with the surrounding properties. The city council may impose conditions based upon the facts in a particular case in accordance with section 102-B-12-14.

(d)

The city council, after conducting the public hearing with public notice required by this section, shall take one of the following actions:

(i)

Vote to approve the application.

(ii)

Vote to approve the application with conditions.

(iii)

Vote to deny the application.

(iv)

Vote to defer the application to its next regular meeting or special called meeting.

(v)

Vote to refer the matter back to the planning commission for reconsideration at their next regularly scheduled meeting or special called meeting. If such referral includes a public hearing, the matter shall be re-advertised in accordance with subsections 102-B-12-4(5)(a) and (5)(b).

(e)

Time limit. The city council shall have 90 days from the date of the regular meeting at which it first receives the report and recommendation of the planning commission for a variance within which to take final action.

(11)

Successive applications. An application for a variance affecting all or a portion of the same property that was denied by the city council shall not be accepted sooner than six months after the date of final decision by the city council.

(Ord. No. 23-0605, § 1(Exh. A), 6-5-2023; Ord. No. 25-0505, § 24, 5-5-2025)

(1)

Procedures.

(a)

Eligibility for appeal. Appeals to the planning commission may be initiated by any aggrieved person affected by any decision, final order, requirement, determination or interpretation of any administrative official of the city, with respect to the provisions of the zoning ordinance. These appeals shall be taken by filing with the secretary of the planning commission a written notice of appeal, specifying the grounds thereof, within ten days after the action being appealed was taken. A failure to act shall not be construed to be an order, requirement or decision within the meaning of this paragraph.

(b)

A person shall be considered aggrieved for purposes of this section if:

(i)

Said person or said person's property was the subject of the action being appealed, or

(ii)

Said person has a substantial interest in the action being appealed that is in danger of suffering special damage or injury not common to all property owners similarly situated.

(c)

Transmission of records. The zoning administrator shall transmit to the planning commission all documents, digital information, or other matters constituting the record upon which the action being appealed was taken.

(2)

Hearings. The planning commission shall hear the appeal and matters referred to it within 45 days of receiving the complete and sufficient application for appeal and give notice to the appellant and official(s) subject to the appeal.

(3)

Decisions of the planning commission. Following the consideration of all testimony, documentary evidence and matters of record, the planning commission shall make a determination on each appeal. The planning commission shall decide the appeal within a reasonable time but, in no event, more than 45 days from the date of the initial hearing. An appeal may be sustained only upon an expressed finding by the planning commission that the administrative official's action was based on an erroneous finding of a material fact or a misinterpretation of a regulation of this Code.

(Ord. No. 23-0605, § 1(Exh. A), 6-5-2023; Ord. No. 25-0505, § 25, 5-5-2025)

Appeals of all final decisions of the planning commission under the provisions of this article shall be as follows:

(1)

Review of decisions. Any person aggrieved by a final decision of the planning commission may seek review of such decision by petitioning the superior court of the county for a writ of certiorari, setting forth plainly the alleged errors. Such petition shall be filed within 30 days after the final decision of the planning commission is rendered.

(2)

Notice to the planning commission. In any such petition filed, the secretary of the planning commission shall be authorized to acknowledge service of a copy of the petition and writ for the planning commission. Service upon the city as defendant shall be as otherwise provided by law. Within the time prescribed by law, the planning commission shall cause to be filed with the county superior court a duly certified record of the proceedings before the planning commission, including a transcript or detailed minutes of the evidence heard before it, and the decision of the planning commission.

(Ord. No. 23-0605, § 1(Exh. A), 6-5-2023; Ord. No. 25-0505, § 26, 5-5-2025)

(1)

Requirements. The standards and requirements of the zoning ordinance and decisions made by public officials are presumed to be valid. It shall be the responsibility of an applicant seeking relief to assume the burden of proof and rebut this presumption by presenting sufficient facts and evidence to meet all required standards of review.

(2)

Review. It is the duty of the planning commission to review such facts and evidence in light of the intent of the UDO to balance the public health, safety and general welfare against the injury to a specific applicant that would result from the strict application of the provisions of the UDO to the applicant's property.

(Ord. No. 23-0605, § 1(Exh. A), 6-5-2023)

(1)

Authority. Applications for authorized administrative variances may be submitted to the zoning administrator, who shall make final decisions on such applications in accordance with this section.

(2)

Applications for administrative variances shall be established for the following provisions. (There are no administrative variances currently enabled).

(3)

Application procedures.

(a)

Form. An application shall be submitted on a form provided by the zoning administrator.

(b)

Documentation. The application shall be in such a form and contain such information and documentation as shall be prescribed by the zoning administrator, but shall contain at least the following:

(i)

Name and address of the applicant.

(ii)

Size of the subject property.

(iii)

A statement of the hardship imposed on the applicant by the zoning ordinance and a statement demonstrating why the variance will not be materially detrimental or injurious to other property or improvements in the neighborhood in which the subject property is located.

(iv)

Should the zoning administrator determine that a site plan is necessary to adequately review the administrative variance, said plan shall be drawn to scale, showing property lines with dimensions, and any improvements, structures and buildings. Should the zoning administrator determine that a plat is necessary to adequately review the administrative variance, said plat shall be prepared by an architect, engineer, landscape architect or land surveyor whose state registration is current and valid, with the preparer's signature and seal affixed to the plat.

(v)

Any other pertinent information as requested by the zoning administrator.

(c)

Within 15 business days after an application has been determined to be complete, the zoning administrator shall either grant the administrative variance, grant the administrative variance with conditions, or deny the administrative variance with reasons clearly stated in accordance with the standards set forth in subsection (5) of this section. The zoning administrator may impose such requirements and conditions with respect to the location, construction, maintenance and operation of any use or building, in addition to those expressly set forth in this zoning ordinance, as may be deemed necessary for the protection of adjacent properties or the environment.

(4)

Expiration. An administrative variance shall automatically expire one calendar year from the date of approval, unless the proposed use or development has begun in utilization of the administrative variance allowance.

(5)

Standards for issuance of administrative variances. In deciding whether to grant an application for an administrative variance, the zoning administrator shall consider all of the applicable standards provided in subsection 102-B-12-9(8). Approval of an administrative variance shall require demonstration of a hardship, in compliance with all said criteria.

(6)

Appeals of decisions to the planning commission. The final decision of the zoning administrator made pursuant to the provisions of this section may be appealed to the planning commission pursuant to section 102-B-12-10. Decisions made by the planning commission shall be final. Appeals of decisions made by the planning commission shall be pursuant to section 102-B-12-11.

(7)

Public hearing at the planning commission. The zoning administrator shall report to the planning commission on all administrative variance requests at a public hearing at the planning commission prior to making a final decision on such permits. Public hearings at the planning commission for administrative variance requests shall meet the requirements for public hearings in section 102-B-12-7.

(Ord. No. 23-0605, § 1(Exh. A), 6-5-2023)

(1)

Conditions of approval. The planning commission and the zoning administrator may recommend, and the city council may impose, reasonable conditions upon the approval of any amendment to the comprehensive plan character area map, official zoning map, approval of a special use permit, or approval of a variance that it finds necessary to ensure compliance with the intent of the comprehensive plan or zoning ordinance. Such conditions may be used when necessary to prevent or minimize adverse impacts upon property or the environment. For example, conditions may include but shall not be limited to the following:

(a)

Limitations or requirements on the size, intensity of use, bulk and location of any structure.

(b)

Increased landscaping, buffer, screening or setback requirements from property lines or water bodies.

(c)

Greenspace and open space conservation.

(d)

Driveway curb cut limitations.

(e)

Restrictions to land uses or activities that are permitted.

(f)

Prohibited locations for buildings, structures, loading or parking areas.

(g)

The provision of adequate ingress and egress.

(h)

Making project improvements for streets, sidewalks, parks or other community facilities.

(i)

Building height, massing or compatible architectural design features.

(j)

Hours of operation.

(k)

The duration of a special use.

(l)

A requirement that development shall conform to a specific site plan.

(m)

Other conditions that the city council finds are necessary as a condition of approval of an amendment to the comprehensive plan character area map, official zoning map or special use permit.

(2)

Such conditions, limitations or requirements shall be:

(a)

Set forth in the motion approving the amendment, special use permit, or variance.

(b)

Set forth in the local ordinance that officially records the amendment.

(c)

In effect for the period of time specified in the amendment. If no time period is stated, the conditions shall continue for the duration of the matter which it conditions and become an integral part of the comprehensive plan character area map amendment, official zoning map amendment, special use permit, or variance to which the conditions are attached and shall be:

(i)

Required of the property owner and all subsequent owners as a condition of their use of the property; and

(ii)

Interpreted and continually enforced by the department in the same manner as any other provision of the UDO.

(3)

Alterations to conditions of approval.

(a)

Alterations or repeal of conditions attached to any amendment to the comprehensive plan character area map, official zoning map, approval of a special use permit, or approval of a variance shall be made only by the city council following a duly advertised and noticed public hearing conducted in accordance with subsection 102-B-12-4(5) of this article.

(b)

Except for minor changes authorized as an administrative variance under subsection 102-B-12-13(2), alterations or repeal of conditions attached to a variance granted by the planning commission shall be made only by the planning commission following a duly advertised public hearing conducted pursuant to procedures provided in subsection 102-B-12-4 of this article. Notice shall be provided in accordance with subsection 102-B-12-4(5) of this article.

(Ord. No. 23-0605, § 1(Exh. A), 6-5-2023)

(1)

Conflict of interest. Any member of the city council or of the planning commission who knows or reasonably should know that he/she:

(a)

Has any direct ownership in any real property to be affected by a rezoning action under consideration by the city government;

(b)

Has a ten percent or more direct ownership interest in the total assets or capital stock in any business entity which has any direct ownership in any real property affected by a rezoning action under consideration by the city government; or

(c)

Has a spouse, parent, sibling or child with any interest as described in subsections (1)(a) and (b) of this section; shall disclose the nature and extent of such interest, in writing, to the city council as soon as he/she knows of its existence. Such an official, also shall disqualify him/herself from voting on the rezoning action and shall not take any other action on behalf of him/herself or anyone else to influence action on the rezoning action. If any written disclosures made pursuant to this section result in the inability of the city council to obtain a quorum for the purpose of making a final decision when considering a rezoning action, the city council shall initiate the special master process set forth in O.C.G.A. § 36-67A-5. Moreover, questions of interpretation as to the application of this statute should be resolved by reference to state law governing campaign contribution disclosures, O.C.G.A. § 36-67A-1 et seq.

(2)

When any opponent of a rezoning action has made, within two years immediately preceding the filing of the rezoning action being opposed, campaign contributions aggregating $250.00 or more to an official of the city, it shall be the duty of the opponent to file a disclosure with the city council showing:

(a)

The name and official position of the local government official to whom the campaign contribution was made; and

(b)

The dollar amounts and description of each campaign contribution made by the opponent to the local government official during the two years immediately preceding the filing of the application for the rezoning action and the date of each such contribution.

(c)

The disclosure required by this section shall be filed at least five calendar days prior to the first hearing by the city council or any of its agencies on the rezoning application.

(Ord. No. 23-0605, § 1(Exh. A), 6-5-2023)