The common provisions of this division apply to all of the review and approval procedures of this zoning ordinance, unless otherwise expressly stated.

(Ord. No. 2021-01, § 1(Attch.), 2-1-2021)

The review and approval procedures of this zoning ordinance are intended to comply with the provisions of the Georgia Zoning Procedures Law, O.C.G.A. § 36-66-1 et seq., which is incorporated by reference in its entirety. If any provision of this zoning ordinance is in conflict with any provision of the Zoning Procedures Law or if this zoning ordinance fails to incorporate a provision required for the implementation of the Zoning Procedures Law, the Zoning Procedures Law controls. This does not apply to procedures that are more restrictive than those established by the Georgia Zoning Procedures Law. These procedures apply to Sign Ordinance review outlined in chapter 95, as referenced within that chapter.

(Ord. No. 2021-01, § 1(Attch.), 2-1-2021; Ord. No. 2023-07, § 1(a)(Exhs. 1—3), 6-5-2023)

Table 94-187 provides a summary of review and decision-making authority under this zoning ordinance. In the event of conflict between Table 94-187 and the detailed procedures identified in this zoning ordinance, the detailed procedures govern.

(Ord. No. 2021-01, § 1(Attch.), 2-1-2021; Ord. No. 2023-07, § 1(a)(Exhs. 1—3), 6-5-2023)

(a)

Form of application.

(1)

Applications required under this zoning ordinance shall be submitted on such forms as required by the zoning official.

(2)

The zoning official may develop checklists of application submittal requirements and make those checklists available to the public.

(b)

Application filing fees. Applications shall be accompanied by the fee amount indicated in the fee schedule that has been approved by the mayor and city council. Application filing fees are nonrefundable once the application has been accepted and determined to be complete.

(c)

Application completeness, accuracy, and sufficiency.

(1)

An application will be considered complete and ready for processing only if it is submitted in the required quantity and form, includes all required information and supporting documentation, and is accompanied by the required application filing fee.

(2)

The zoning official shall make a determination of application completeness.

(3)

If an application is determined to be incomplete, the zoning official shall provide written notice to the applicant along with an explanation of the application's deficiencies.

(4)

No further processing of incomplete applications will occur, and incomplete applications will be pulled from the processing cycle. When the deficiencies are corrected, the application will be placed in the next available processing cycle.

(5)

Applications deemed complete by the zoning official will be considered to be in the next available processing cycle and will be reviewed by city staff, affected agencies, and other review and decision-making bodies in accordance with applicable review and approval procedures of this zoning ordinance.

(Ord. No. 2021-01, § 1(Attch.), 2-1-2021)

Pre-application meetings provide an early opportunity for city staff and applicants to discuss the procedures, standards, and regulations required for development approval under this zoning ordinance. Pre-application meetings are required whenever the provisions of this zoning ordinance expressly state that they are required. They are encouraged in all cases.

(Ord. No. 2021-01, § 1(Attch.), 2-1-2021)

The zoning official is authorized to promulgate reasonable application processing cycles and schedules for processing applications under this zoning ordinance. Processing cycles may establish:

(a)

Deadlines for receipt of complete applications;

(b)

Timeframes for determination of application completeness;

(c)

Dates of regular meetings;

(d)

Timing of staff reviews and reports;

(e)

Estimated timeframes for completion of reviews and decision-making;

(f)

Timelines for consideration of comprehensive plan amendments (e.g., annual or semi-annual); and

(g)

Other information regarding administrative practices and customs that will assist applicants and the general public.

(Ord. No. 2021-01, § 1(Attch.), 2-1-2021)

(a)

Withdrawal of applications.

(1)

Applications may be withdrawn at the discretion of the applicant and with approval by the property owner without prejudice at any time before the legal advertising. The applicant is required to submit the request to withdraw in writing to the zoning official.

(2)

Applications may be withdrawn without prejudice after the legal advertising but before a public hearing at the discretion of the applicant. The applicant/property owner shall not be entitled to a refund and is required to submit the request to withdraw in writing to the zoning official.

(3)

Applications may only be withdrawn after a public hearing by majority vote of the mayor and city council.

(b)

Administrative hold of applications. Applications may be placed on an administrative hold by the zoning official and deferred to a later meeting if new information has become available about a request or additional information is needed related to the request.

(Ord. No. 2021-01, § 1(Attch.), 2-1-2021)

When decision-making bodies approve applications with conditions, the conditions shall relate to a situation created or aggravated by the proposed use or development and must be roughly proportional to the impacts of the use or development. No condition in the form of a development exaction for other than a project improvement may be imposed within the meaning of the Georgia Development Impact Fee Act. Any conditions imposed shall comply with the following:

(a)

Conditions may be imposed to mitigate any possible adverse impacts of the proposal on neighboring persons or properties, consistent with the purposes of this zoning ordinance, the goals and objectives of the comprehensive plan, and state law.

(b)

Once imposed, specific conditions adopted and set forth by any zoning amendment with respect to any property shall control or limit the use of such property and enforced against the then current owner and all successors in title, unless and until such zoning conditions are modified by the adoption of a new zoning amendment applicable to said property.

(c)

Except as otherwise expressly stated, amendments, changes to approved conditions, or special use permits may be approved or altered only by following the same procedures as the original approval.

(Ord. No. 2021-01, § 1(Attch.), 2-1-2021; Ord. No. 2023-07, § 1(a)(Exhs. 1—3), 6-5-2023)

Developments of regional impact. If a proposed development qualifies as a development of regional impact (DRI) pursuant to O.C.G.A. § 50-8-7.1, no final action may be taken by the legislative or administrative bodies detailed in this chapter until such DRI report is received from the Northwest Georgia Regional Commission and comments, if any, are addressed to the satisfaction of the zoning official.

(Ord. No. 2021-01, § 1(Attch.), 2-1-2021)

All requests for relief from strict compliance with the regulations of this zoning ordinance require review and recommendation from the zoning official and planning commission before a final decision is rendered by mayor and city council. Mayor and city council is authorized to consider and approve, approve with conditions, or deny variances in accordance with the variance procedures of this division.

(Ord. No. 2021-01, § 1(Attch.), 2-1-2021)

The variance procedures of this division shall not be used to:

(a)

Allow a structure or use not authorized in the subject zoning district;

(b)

Allow a prohibited use defined in article 5.

(c)

Allow an increase in maximum building height;

(d)

Waive, vary, modify or otherwise override a condition of approval attached to an amendment, special use permit, or other legislative development approval under this zoning ordinance;

(e)

Reduce, waive, or modify in any manner the minimum lot area or lot width required for any lot;

(f)

Allow the reestablishment of any nonconforming use that has been abandoned or lost its nonconforming rights; or

(g)

Allow the expansion or enlargement of any nonconforming use.

(Ord. No. 2021-01, § 1(Attch.), 2-1-2021; Ord. No. 2023-07, § 1(a)(Exhs. 1—3), 6-5-2023)

Applications for variances may be filed by the owner of the subject property or the property owner's authorized agent.

(Ord. No. 2021-01, § 1(Attch.), 2-1-2021)

A pre-application meeting is recommended for all variance requests.

(Ord. No. 2021-01, § 1(Attch.), 2-1-2021)

Variance applications shall be filed with city hall.

(Ord. No. 2021-01, § 1(Attch.), 2-1-2021)

Notice of required public hearings shall be provided as follows:

(a)

Each notice shall provide the following information:

(1)

Time of hearing

(2)

Place of hearing

(3)

Purpose of request

(4)

Location of property

(5)

Present zoning

(b)

Newspaper notice. Newspaper notice shall be provided at least 30 days before but not more than 45 days before the date of the city council public hearing.

(c)

Posted notice. Posted notice (signs) shall be posted at least 30 days but not more than 45 days before the date of the city council public hearing.

(d)

Property owner notice. Mailed notice shall be made via USPS to the owner(s) of the lot(s) subject to the requested action as identified on the Pickens County tax assessor online database at the time of the mailing at least 30 days but not more than 45 days before the date of the city council public hearing. If a more current ownership record is submitted with the application, that information shall be used for the notice.

(Ord. No. 2021-01, § 1(Attch.), 2-1-2021; Ord. No. 2023-07, § 1(a)(Exhs. 1—3), 6-5-2023)

Upon receipt of a complete variance application, city staff shall review the proposal and prepare an analysis and recommendation for consideration by the planning commission and mayor and city council. This review and analysis shall be transmitted to the planning commission and mayor and city council before their respective public hearings on the matter. The staff report shall also be made available to the applicant and the general public.

(Ord. No. 2021-01, § 1(Attch.), 2-1-2021)

(a)

The planning commission shall hold a public meeting to consider all variance applications. At the public meeting, city staff shall introduce the variance request and outline its recommendation based on the criteria of section 94-210, Review and approval criteria. The applicant for variance shall have the right to present testimony and other evidence in support of the variance request. Proponents and opponents of the variance request shall each be permitted a minimum of ten minutes per side to present their testimony and any documentary evidence. The applicant shall have the right to refute by rebuttal any evidence presented by the other side, such rebuttal being limited to five minutes. The planning commission may ask questions and seek clarification of any testimony or evidence presented.

(b)

Following the close of the public comment period and consideration of all testimony, documentary evidence, and matters of record, the planning commission shall act to recommend that the variance be approved, approved with conditions, or denied based on the applicable review and approval criteria of section 94-210, Review and approval criteria. The planning commission may also recommend deferral of the application, or, upon request of the applicant, withdrawal of the application without prejudice.

(c)

The planning commission's final recommendation shall be made within a reasonable period of time, but in no event, more than 30 days from the date of the close of the meeting.

(d)

The planning commission's recommendation shall be transmitted to the mayor and city council. Neither the recommendation of the staff or the planning commission is binding on the mayor and city council.

(Ord. No. 2021-01, § 1(Attch.), 2-1-2021; Ord. No. 2023-07, § 1(a)(Exhs. 1—3), 6-5-2023)

(a)

The city council shall hold a public hearing to consider all variance applications. At the public hearing, city staff shall introduce the variance request and outline its recommendation based on the criteria of section 94-210. The applicant for variance shall have the right to present testimony and other evidence in support of the variance request. Proponents and opponents of the variance request shall each be permitted a minimum of ten minutes per side to present their testimony and any documentary evidence. The applicant shall have the right to refute by rebuttal any evidence presented by the other side, such rebuttal being limited to five minutes. The city council may ask questions and seek clarification of any testimony or evidence presented.

(b)

Following the close of the hearing and consideration of all testimony, documentary evidence, and matters of record, the city council shall act to approve the variance, approve the variance with conditions, or deny the requested variance. The city council is also authorized to defer action on the variance or allow the applicant to withdraw the variance without prejudice. The city council's final decision shall be made within a reasonable period of time, but in no event, more than 60 days from the date of the close of the hearing.

(Ord. No. 2021-01, § 1(Attch.), 2-1-2021)

(a)

The city council may authorize variances from the provisions of this zoning ordinance based on consideration all of the following criteria:

(1)

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

(2)

The application of this article to the particular piece of property would create an unnecessary hardship; and

(3)

Such conditions are peculiar to the particular piece of property involved;

(4)

Such conditions are not the result of actions of the property owner; and

(5)

Relief, if granted, would not cause substantial detriment to the public good nor impair the purposes or intent of this zoning ordinance.

(Ord. No. 2021-01, § 1(Attch.), 2-1-2021)

If a variance application is denied, an application to vary the same zoning ordinance provision for the same portion of the subject property may not be resubmitted for 12 months from the date of the denial.

(Ord. No. 2021-01, § 1(Attch.), 2-1-2021)

See division 8.7.

(Ord. No. 2021-01, § 1(Attch.), 2-1-2021)

Approved variances, and any attached conditions, run with the land and are not affected by changes in tenancy or ownership.

(Ord. No. 2021-01, § 1(Attch.), 2-1-2021)

A request for changes in conditions of approval attached to an approved variance shall be processed as a new variance application in accordance with the procedures of this division, including the requirements for fees, notices, and hearings.

(Ord. No. 2021-01, § 1(Attch.), 2-1-2021)

The zoning official is authorized to approve the following administrative variances:

(a)

Allow the increase in maximum lot coverage by up to ten percent;

(b)

Allow the increase in maximum parking by up to ten percent;

(c)

Allow the decrease in minimum setback by up to ten percent; but not including any transitional buffer;

(d)

Allow the increase in the maximum retaining wall or fence height by no more than two feet.

(e)

Allow relief for utility requirements in section 94-113(d).

(Ord. No. 2021-01, § 1(Attch.), 2-1-2021; Ord. No. 2023-07, § 1(a)(Exhs. 1—3), 6-5-2023)

Applications for approval of administrative variances may be filed by the owner of the subject property or the property owner's authorized agent.

(Ord. No. 2021-01, § 1(Attch.), 2-1-2021)

A pre-application meeting is recommended for all administrative variance requests.

(Ord. No. 2021-01, § 1(Attch.), 2-1-2021)

Administrative variance applications shall be filed at city hall.

(Ord. No. 2021-01, § 1(Attch.), 2-1-2021)

(a)

Posted notice (signs) shall be posted within five days of the date of filing an application for an administrative variance. Posted notice shall provide the following:

(1)

Purpose of request;

(2)

Location of property;

(3)

Present zoning;

(4)

Deadline for accepting comments outlined in section 94-226(b).

(b)

Community members of the city wishing to support or oppose a request for administrative variance shall file their comments in writing with the zoning official. The deadline for acceptance of comments is 14 days after notice was posted on the property.

(Ord. No. 2021-01, § 1(Attch.), 2-1-2021; Ord. No. 2023-07, § 1(a)(Exhs. 1—3), 6-5-2023)

(a)

The zoning official shall review each application for an administrative variance and act to approve the application, approve the application with conditions, or deny the application.

(b)

The zoning official shall not take final action to approve or deny an administrative variance until at least 15 days after the notice was posted. Any comments received with respect to the administrative variance request shall be taken into account, as they relate to the review and approval criteria of section 94-210 only, prior to the zoning official reaching his or her decision. All decisions shall be made in writing within 30 days of the date the application was filed, unless the applicant agrees to an extension of time for the decision.

(Ord. No. 2021-01, § 1(Attch.), 2-1-2021)

The zoning official's decision to approve or deny an administrative variance shall be based on the variance review and approval criteria of section 94-210.

(Ord. No. 2021-01, § 1(Attch.), 2-1-2021)

Final decisions on administrative variances may be appealed by any person aggrieved by the decision in accordance with the appeal procedures of division 8.6.

(Ord. No. 2021-01, § 1(Attch.), 2-1-2021)

Approved administrative variances and any attached conditions run with the land and are not affected by changes in tenancy or ownership.

(Ord. No. 2021-01, § 1(Attch.), 2-1-2021)

A request for changes in conditions of approval attached to an approved administrative variance shall be processed as a new application in accordance with the procedures of this division.

(Ord. No. 2021-01, § 1(Attch.), 2-1-2021)

(a)

The procedures of this division apply to all amendments (zoning map, comprehensive plan/future development map, annexations, changes to conditions of zoning, and text) and special use permits required under this zoning ordinance. If referenced generally as "amendments" herein this division, the regulations are referring to all amendments, annexations, and special use processes.

(b)

Concurrency with zoning map amendments. No zoning map amendment shall be considered if it is not consistent with the future development map. Pursuant to the future development map, an applicant may submit an amendment to the map, either separately or concurrently with a proposed zoning map amendment. If a future development map amendment is denied, then any concurrent zoning map amendment may be withdrawn in the discretion of the applicant, or the applicant can elect to have the city council proceed forward with a determination of the associated zoning map amendment.

(Ord. No. 2021-01, § 1(Attch.), 2-1-2021; Ord. No. 2023-07, § 1(a)(Exhs. 1—3), 6-5-2023)

(a)

Amendments to the future development map, the zoning map, annexations. modifications of conditions of approval, and the text of this zoning ordinance may be initiated by the mayor following a motion and a second, any member of the city council following a motion and a second, or by the zoning official acting on behalf of the mayor and city council.

(b)

Amendments to the future development map, the zoning map, annexations, or modifications to conditions of approval may be initiated upon application by the owner of the subject property or the subject property owner's authorized agent.

(c)

Applications for special use permit approval may be filed by the owner of the subject property or the property owner's authorized agent.

(Ord. No. 2021-01, § 1(Attch.), 2-1-2021; Ord. No. 2023-07, § 1(a)(Exhs. 1—3), 6-5-2023)

A pre-application meeting is required for all amendments.

(Ord. No. 2021-01, § 1(Attch.), 2-1-2021)

(a)

Owner-initiated applications for amendments shall be filed at city hall.

(b)

No particular format is required for the city council or zoning official to initiate an amendment, but they shall follow the process of any owner-initiated application except for the pre-application meeting in section 94-240.

(Ord. No. 2021-01, § 1(Attch.), 2-1-2021)

Notice of required public hearings shall be provided as follows:

(a)

Each notice shall provide the following information:

(1)

Time of hearing;

(2)

Place of hearing;

(3)

Purpose of request;

(4)

Location of property;

(5)

Present zoning;

(6)

Proposed zoning.

(b)

Newspaper notice. Newspaper notice shall be published at least 30 days before but not more than 45 days before the date of the mayor and city council public hearings.

(c)

Posted notice. Posted notice (signs) shall be posted at least 30 days before but not more than 45 days before the date of the public hearing before the mayor and city council. city-initiated amendments shall not require posting of any signs.

(d)

Property owner notice. Mailed notice shall be made via USPS to the owner(s) of record on the Pickens County tax assessor online database at the time of the mailing at least 30 days but not more than 45 days before the date of the city council public hearing.

(e)

When any of the following actions are proposed, reference the Georgia Zoning Procedures Law, O.C.G.A. § 36-66-1 et seq., for additional notice requirements:

(1)

City-initiated rezoning and/or text amendment to revise a zoning classification related to single-family residential uses of property so as to authorize multifamily uses of property pursuant to such classification or definitions, 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;

(2)

Halfway house, drug rehabilitation center, or other facility for the treatment of drug dependency; or

(3)

Annexations.

(Ord. No. 2021-01, § 1(Attch.), 2-1-2021; Ord. No. 2023-07, § 1(a)(Exhs. 1—3), 6-5-2023)

Upon receipt of a complete amendment application, city staff shall review the proposal and prepare an analysis and recommendation for consideration by the planning commission and mayor and city council. This review and analysis shall be transmitted to the planning commission and mayor and city council before their public hearings on the matter. The staff report shall also be made available to the applicant and the general public.

(Ord. No. 2021-01, § 1(Attch.), 2-1-2021)

(a)

The planning commission shall hold a public meeting to consider all amendment applications. At the public meeting, city staff shall introduce the amendment request and outline its recommendation based on the criteria of section 94-246. The applicant for the amendment shall have the right to present testimony and other evidence in support of the amendment request. Proponents and opponents of the amendment request shall each be permitted a minimum of ten minutes per side to present their testimony and any documentary evidence. The applicant shall have the right to refute by rebuttal any evidence presented by the other side, such rebuttal being limited to five minutes. The planning commission may ask questions and seek clarification of any testimony or evidence presented.

(b)

Following the close of the public comment period and consideration of all testimony, documentary evidence, and matters of record, the planning commission shall act to recommend that the amendment be approved, approved with conditions, or denied based on the applicable review and approval criteria of section 94-246, Review and approval criteria. The planning commission may also recommend deferral of the application, or, upon request of the applicant, withdrawal of the application without prejudice.

(c)

The planning commission may defer the application once for one period of up to 30 days or one zoning cycle, whichever is longer, with the subsequent meeting date based upon the next available meeting on the approved calendar.

(d)

The planning commission's recommendation shall be transmitted to the mayor and city council. Neither the recommendation of the staff or the planning commission is binding on the mayor and city council.

(Ord. No. 2021-01, § 1(Attch.), 2-1-2021; Ord. No. 2023-07, § 1(a)(Exhs. 1—3), 6-5-2023)

Editor's note— Ord. No. 2023-07, § 1(a)(Exhs. 1—3), adopted June 5, 2023, amended § 94-244 and in doing so changed the title of said section from "Planning commission public hearing and recommendation" to "Planning commission public meeting and recommendation," as set out herein.

(a)

The city council shall hold a public hearing to consider all amendment applications. At the public hearing, city staff shall introduce the amendment request and outline its recommendation based on the criteria of section 94-246, Review and approval criteria. The applicant for the amendment shall have the right to present testimony and other evidence in support of the amendment request.

(b)

Proponents and opponents of the amendment request shall each be permitted a minimum of ten minutes per side to present their testimony and any documentary evidence. The applicant shall have the right to refute by rebuttal any evidence presented by the other side, such rebuttal being limited to five minutes. The city council may ask questions and seek clarification of any testimony or evidence presented.

(c)

When any of the following actions are proposed, reference the Georgia Zoning Procedures Law, O.C.G.A. § 36-66-1 et seq., for additional hearing requirements:

(1)

City-initiated rezoning and/or text amendment to revise a zoning classification related to single-family residential uses of property so as to authorize multifamily uses of property pursuant to such classification or definitions, 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;

(2)

Halfway house, drug rehabilitation center, or other facility for the treatment of drug dependency; or

(3)

Annexations.

(d)

Following the close of the hearing and consideration of all testimony, documentary evidence, and matters of record, the city council shall act to approve the amendment, approve the amendment with conditions, or deny the requested amendment. The mayor and city council is also authorized to defer action on the amendment, refer the application back to the planning commission for reconsideration, or allow the applicant to withdraw the amendment without prejudice.

(e)

The city council's final decision shall be made within a reasonable period of time, but in no event more than 60 days from the date of the close of the hearing.

(Ord. No. 2021-01, § 1(Attch.), 2-1-2021; Ord. No. 2023-07, § 1(a)(Exhs. 1—3), 6-5-2023)

The review and approval criteria shall be used in reviewing and taking action on all amendment applications. No application for an amendment may be granted by the mayor and city council unless satisfactory provisions and arrangements have been made concerning each of the following considerations:

(a)

Zoning map amendments. The following review and approval criteria shall be used in reviewing and acting on zoning map amendments, including changing conditions to existing zoning:

(1)

Whether the subject property under the proposed amendment is in conformity with the policies and intent of the adopted Comprehensive Plan for Pickens County, Jasper, Nelson and Talking Rock, as amended;

(2)

Whether the proposed amendment would allow a use that is generally suitable for the site compared to other possible uses and the uses and zoning of adjacent and nearby properties;

(3)

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

(4)

Whether the property to be affected by the proposed amendment can be used as currently zoned; and whether the value of the subject property are diminished by the current zoning;

(5)

Whether the proposed amendment, if adopted, would result in a use which would or could cause an excessive or burdensome use of existing streets, schools, sewers, water resources, police and fire protection, or other utilities;

(6)

Whether the property has been vacant as zoned and the length of time it has been vacant, if so;

(7)

Whether the change requested is out of scale with the needs of the city as a whole or the immediate neighborhood;

(8)

Whether adequate sites for the proposed use can be permitted on properties already appropriately zoned; and,

(9)

Whether there are other conditions or transitional patterns affecting the use and development of the subject property, if applicable, which give grounds for either approval or disapproval of the proposed amendment.

(b)

Comprehensive plan and future development map amendments. The following review and approval criteria shall be used in reviewing and acting on all comprehensive plan and future development map amendments:

(1)

Whether the comprehensive plan amendment proposal is compatible with the surrounding future land uses as identified in the future development map;

(2)

Whether the comprehensive plan amendment proposal can be adequately served by existing transportation facilities and other infrastructure, such as schools, water, and sewer;

(3)

Whether the comprehensive plan amendment proposal negatively impacts natural and historic resources identified by the city;

(4)

Whether the comprehensive plan amendment proposal is in the best interest of the city and the public good and whether the proposal protects the health and welfare of its citizens;

(5)

Whether the property to be affected by the comprehensive plan amendment proposal has a reasonable economic use as currently designated on the future development map; and

(6)

Whether the land use amendment proposal meets the policies and intent established in the Comprehensive Plan for Pickens County, Jasper, Nelson and Talking Rock, as amended.

(c)

Text amendments. The following review and approval criteria shall be used in reviewing and acting on all text amendments:

(1)

Whether the amendment is in conformity with the policy and intent of the Comprehensive Plan for Pickens County, Jasper, Nelson and Talking Rock, as amended; and

(2)

Whether the proposed zoning ordinance text amendment corrects an error or inconsistency in the zoning ordinance, meets the challenge of a changing condition, or is necessary to implement established policy.

(d)

Special permits. The following review and approval criteria shall be used in reviewing and acting on all special use permits, except for active adult living housing uses. Additional criteria for active adult living housing requests can be found in section 94-66(c).

(1)

Whether the subject property under the proposed special use is in conformity with the policies and intent of the adopted Comprehensive Plan for Pickens County, Jasper, Nelson and Talking Rock, as amended;

(2)

Whether the proposed special use would allow a use that is generally suitable for the site compared to other possible uses and the uses and zoning of adjacent and nearby properties;

(3)

Whether the change requested is out of scale with the needs of the city as a whole or the immediate neighborhood;

(4)

Whether the establishment of the special use would impede the normal and orderly development of surrounding property for uses predominant in the area;

(5)

Whether the location and character of the proposed special use would be consistent with a desirable pattern of development for the locality in general;

(6)

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

(7)

Whether the property to be affected by the proposed special use can be used as currently entitled; and whether the value of the subject property are diminished by the current permitted uses;

(8)

Whether the proposed special use permit, if approved, would result in a use which would or could cause an excessive or burdensome use of existing streets, schools, sewers, water resources, police and fire protection, or other utilities;

(9)

Whether the property has been vacant as zoned and the length of time it has been vacant, if so;

(10)

Whether the change requested is out of scale with the needs of the city as a whole or the immediate neighborhood;

(11)

Whether adequate sites for the proposed use can be permitted on properties already appropriately zoned; and,

(12)

Whether there are other conditions or transitional patterns affecting the use and development of the subject property, if applicable, which give grounds for either approval or disapproval of the proposed special use.

(e)

Annexations. The following review and approval criteria shall be used in reviewing and acting on all annexations:

(1)

Compliance with applicable sections of O.C.G.A 36-36 for lawful annexation of territory;

(2)

Adequacy of access to the site;

(3)

Consistency of the proposal with the city's adopted comprehensive plan, including, but not limited to, goals and policies for urbanization, housing, cultural, historic and natural resources, infrastructure, and provision of public infrastructure and community services;

(4)

Adequacy and availability of the following public facilities and services to serve potential development at time of development;

a.

Transportation. The urbanization of the site can be accommodated with existing transportation infrastructure in conjunction with proposed improvements. Any existing or proposed streets in the proposed annexation area shall be constructed or upgraded to city standards, whether those streets are public or private. Prior to annexation, a performance bond in accordance with section 94-168, Performance guarantees. is required to demonstrate compliance with these requirements. Actual improvements are required as soon as practicable upon annexation approval.

b.

Sewer. The urbanization of the site can be accommodated based on current sewer capacity.

c.

Water. The urbanization of the site can be accommodated based on current water capacity.

d.

Stormwater. The urbanization of the site can be accommodated based on current stormwater capacity.

e.

Police, fire, and emergency services. Police, fire, and emergency services can adequately serve the site;

f.

Parks. The urbanization of the site can be accommodated based on current parks resources.

g.

Schools. The urbanization of the site is analyzed for school capacity in a school forecast approved by Pickens County School District.

(5)

Demonstration of how the impacts of future development to city public facilities and services will be mitigated. Mitigation may include on-site or off-site infrastructure or improvements to existing infrastructure to city standards and specifications, payment of system development charges, etc. Funding for the mitigation must be identified. The city council reserves the right to enter into a development agreement with the applicant that governs the extent and timing of infrastructure improvements;

(6)

The annexation is in the best interest of the city. Generally, the council may consider the annexation is in the best interest of the city if it meets two or more of the following criteria:

a.

It provides a needed solution for existing problems resulting from insufficient sanitation, water service, public safety, code enforcement, or other urban service-related problems;

b.

It provides land for development to meet urban needs including jobs and/or housing in an orderly and logical growth pattern;

c.

It fills in gaps in existing islands or other types of non-contiguous boundaries;

d.

It provides needed routes for utility and transportation networks.

(7)

All natural hazards identified by the city, such as wetlands, floodplains, steep slopes and streams, including those mapped and unmapped by the city, county, state or other government agencies are identified;

(8)

All historically designated and potentially eligible historic structures are identified;

(9)

Any significant adverse impacts on the economic, social and physical environment of the community or on specially designated open space, scenic, historic or natural resource areas identified in the comprehensive plan by urbanization of the subject property at time of annexation can be avoided or mitigated; and,

(10)

The extent to which the proposed annexation territory includes preservation of natural features, landforms and significant tree canopy.

(Ord. No. 2021-01, § 1(Attch.), 2-1-2021; Ord. No. 2023-07, § 1(a)(Exhs. 1—3), 6-5-2023)

If an amendment application is denied, an application for an amendment affecting all or a portion of the same property may not be resubmitted for 12 months from the date of the denial.

(Ord. No. 2021-01, § 1(Attch.), 2-1-2021)

Approved amendments and special use permits and any attached conditions run with the land and are not affected by changes in tenancy or ownership.

(Ord. No. 2021-01, § 1(Attch.), 2-1-2021; Ord. No. 2023-07, § 1(a)(Exhs. 1—3), 6-5-2023)

Conditions attached to previously approved amendments may be modified in accordance with the following:

(a)

Minor modification.

(1)

Modification of any of the following site plan characteristics, if attached as a condition of approval to an approved amendment, constitute a "minor modification" for purposes of interpreting this section. For the purposes of this section, a minor modification in the approved amendment means a slight alteration or change in layout, such as, but not limited to, small shifts in the location of buildings, streets, driveways, sidewalks, trails, utilities, easements or other similar features that do not negatively impact adjacent property, the public health and safety, the quality of materials, the appearance of the project, or the health and quality of the natural environment, including:

a.

The movement of any building or structure within the site, provided the movement of the structure is not closer to a property line or into a required buffer, landscape zone, sidewalk zone, or streetscape;

b.

Any increase in the minimum size of residential units;

c.

Any increase in the size of a required buffer or sidewalk;

d.

Any decrease in building or structure height;

e.

Any change in the proportion of floor space devoted to different authorized uses by less than five percent;

f.

Any decrease in the land area of the subject property or project, provided it doe not impact other approved conditions; or

g.

Any relocation of site features that do not exceed any other minor site modification thresholds.

(2)

The zoning official is authorized to approve minor modifications.

(3)

Any request for a minor modification shall be made in writing to the zoning official. If an approved site plan exists, the request for minor modification shall be accompanied by a copy of the revised site plan.

(4)

Modification of conditions attached to an approved amendment that are not classified as a minor modification constitute a "major modification" for purposes of interpreting this section.

(b)

Major modification.

(1)

Any modification request that exceeds the thresholds for a minor modification, or any modification the zoning official determined to be substantial enough to require city council review, is considered a major modification.

(2)

Any major modification of approved amendments shall be processed as a new amendment application in accordance with the procedures of this division, including the requirement for fees, notices, and hearings.

(3)

Any future alterations of conditions attached to an approved amendment shall be processed as a new amendment application in accordance with the procedures of this article, including the requirement for fees, notices, and hearings.

(Ord. No. 2021-01, § 1(Attch.), 2-1-2021)

The mayor and city council is authorized to consider and approve, approve with conditions, or deny variance applications that would otherwise require approval under division 8.2 simultaneously with any amendment or special use permit application. In such instances, the notices published and posted pursuant to section 94-242, Public hearing notices, shall also include notice that concurrent variances are being sought.

(Ord. No. 2021-01, § 1(Attch.), 2-1-2021; Ord. No. 2023-07, § 1(a)(Exhs. 1—3), 6-5-2023)

(a)

The planning commission shall make a recommendation on the requested concurrent variance in addition to its recommendation on the companion application.

(b)

The planning commission shall make its recommendation, and the mayor and city council shall take action on the concurrent variance request in a separate motion after acting on the companion application.

(c)

Any application for a variance that is not processed simultaneously with an amendment or special use permit application shall be processed as a separate variance request in accordance with the procedures of division 8.2.

(d)

The public hearing may be conducted concurrently with the public hearing for the amendment.

(Ord. No. 2021-01, § 1(Attch.), 2-1-2021; Ord. No. 2023-07, § 1(a)(Exhs. 1—3), 6-5-2023)

In taking action on concurrent variance requests, the planning commission and mayor and city council shall apply the variance review and approval criteria of section 94-210, Review and approval criteria.

(Ord. No. 2021-01, § 1(Attch.), 2-1-2021)

See division 8.7.

(Ord. No. 2021-01, § 1(Attch.), 2-1-2021)

The procedures of this division apply to appeals of administrative decisions.

(Ord. No. 2021-01, § 1(Attch.), 2-1-2021)

Appeals of administrative decisions may be filed by any person aggrieved by, or by any city official, department, board or agency affected by any final order, requirement, or decision of an administrative official, based on or made in the enforcement of this zoning ordinance. A person may be considered aggrieved for purposes of this section only if they are the applicant, the owner of the property that is the subject of the administrative official's decision, or they are a person with a substantial interest in the administrative official's decision who is in danger of suffering special damage or injury not common to all property owners similarly situated, as determined by the city council.

(Ord. No. 2021-01, § 1(Attch.), 2-1-2021)

Applications for appeals of administrative decisions shall be filed with the zoning official within 15 days of the date of the order, requirement, or decision being appealed. Failure to act is not an order, requirement, or decision within the meaning of this division. The appeal shall be scheduled to be heard at the next regularly scheduled city council meeting for which required hearing notice can be provided, unless the applicant agrees to a later hearing date.

(Ord. No. 2021-01, § 1(Attch.), 2-1-2021)

The filing of a complete notice of appeal stays all proceedings in furtherance of the action appealed, unless the official whose decision is being appealed certifies to the city council, after the appeal is filed, that, because of facts stated in the certification, a stay would cause imminent peril to life or property. In such a case, proceedings may be stayed only by a restraining order granted by the superior court on notice to the official whose decision is being appealed and on due cause shown.

(Ord. No. 2021-01, § 1(Attch.), 2-1-2021)

Upon receipt of a complete application of appeal, the zoning official or other administrative official whose decision is being appealed shall transmit to the mayor and city council all papers constituting the record upon which the action appeal is taken.

(Ord. No. 2021-01, § 1(Attch.), 2-1-2021)

Mailed notice via USPS of the city council hearing shall be provided to the following parties at least 30 days before the date of the city council hearing.

(a)

Appellant;

(b)

If the appellant was not the original applicant for the decision being appealed, the original applicant; and

(c)

Owner(s) of record on the Pickens County tax assessor online database at the time of the mailing, if different than the preceding notice requirements of this section.

(Ord. No. 2021-01, § 1(Attch.), 2-1-2021; Ord. No. 2023-07, § 1(a)(Exhs. 1—3), 6-5-2023)

(a)

The city council shall hold a public hearing to consider all appeals of administrative decisions. The only active participants are the appellant, the original, applicant if other than the appellant, and the zoning official or other administrative official whose decision is being appealed. Participants in the meeting may present testimony, produce documentary evidence, and may cross examine testimony and evidence provided by another participant. The city council may ask questions or seek clarification from any participant in the hearing.

(b)

Following the close of the hearing and consideration of all testimony, documentary evidence, and matters of record, the city council shall make a decision. The decision shall be made within a reasonable period of time, but in no event, no more than 60 days from the date of the close of the hearing.

(c)

In exercising its powers, the city council may reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination appealed from. To that end, the city council has all the powers of the administrative official from whom the appeal was taken and may issue or direct the issuance of a permit, provided all requirements imposed by all other applicable laws are met.

(Ord. No. 2021-01, § 1(Attch.), 2-1-2021)

An appeal may be sustained only upon a finding by the city council that the administrative official's action was based on an erroneous finding of a material fact or that the administrative official acted in an arbitrary manner.

(Ord. No. 2021-01, § 1(Attch.), 2-1-2021; Ord. No. 2023-07, § 1(a)(Exhs. 1—3), 6-5-2023)

Editor's note— Ord. No. 2023-07, § 1(a)(Exhs. 1—3), adopted June 5, 2023, amended § 94-269 and in doing so changed the title of said section from "Review and approval criteria" to "Review criteria," as set out herein.

See division 8.7.

(Ord. No. 2021-01, § 1(Attch.), 2-1-2021)

The procedures of this division apply to all appeals not processed under division 8.6, Appeals of administrative decisions.

(Ord. No. 2021-01, § 1(Attch.), 2-1-2021)

Any person aggrieved by a final decision of the mayor and city council may seek review in the Superior Court of Pickens County within 30 days of the date of the decision in accordance with the procedures established by Georgia law. A person is considered aggrieved for purposes of this section only if the person or their property was the subject of the action appealed from, or the 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.

(Ord. No. 2021-01, § 1(Attch.), 2-1-2021; Ord. No. 2023-07, § 1(a)(Exhs. 1—3), 6-5-2023)

Appeals of final quasi-judicial decisions of the city council, as categorized by Georgia law, shall be by way of a petition for review pursuant to the Superior and State Court Appellate Practice Act (O.C.G.A. section 5-3-1 et seq.) to the Pickens County Superior Court, with the petition for review filed within 30 days of the decision, and following the statutory procedures regarding a petition for review. All other final decisions of the city council shall be appealed to the Pickens County Superior Court within 30 days of the date of the decision and in accordance with the procedures established by Georgia law.

The zoning official shall be authorized, without additional board or agency action, to accept service and/or to approve or issue any form or certificate necessary to perfect the petition described in the Georgia Zoning Procedures Law, O.C.G.A. § 36-66-1 et seq., for review of lower judicatory bodies and upon whom service of such petition may be effected or accepted on behalf of the lower judicatory board or agency, during normal business hours, at the City of Jasper city Hall.

(Ord. No. 2023-07, § 1(a)(Exhs. 1—3), 6-5-2023)