The provisions of the zoning ordinance shall be administered by the director in association with the mayor and council.

(Ord. No. 21-10, § 1, 6-22-21)

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

(1)

Recommendations. Receiving from the director and from the board of planning and zoning appeals recommendations concerning the comprehensive plan, amendments to the comprehensive plan character area map, amendments of provisions of the zoning ordinance, special use permits 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, and other actions pursuant to the zoning ordinance.

(Ord. No. 21-10, § 1, 6-22-21)

(a)

The board of planning and zoning appeals shall have the authority in the area of zoning and planning conferred by this section, the zoning laws and ordinances of the city, other appropriate laws and ordinances of the city and the general laws and Constitution of the State of Georgia. Any action of the board of planning and zoning appeals relating to planning and to zoning, other than as relates to variances and zoning appeals authorized by this chapter, shall be in the nature of recommendations to the governing body of the city and shall not be binding upon such governing authority.

(b)

Purpose and duties. The purpose and duties of the board of planning and zoning appeals shall include, but not be limited to, conducting public hearings, requesting and receiving studies and reports from staff, and reviewing and making recommendations to the mayor and council concerning matters brought before them, including, but not limited to, the following duties:

(1)

To review and make recommendations regarding proposed amendments to the comprehensive plan and character area map, the zoning ordinance, the official zoning map, and applications for special use permits.

(2)

To review and make final decisions on variance applications.

(3)

To review and make final decisions on authorized administrative appeals.

(4)

To work with the city government, boards and authorities, and mayor and council when appropriate to the purposes of the board of planning and zoning appeals in carrying out their various functions by making recommendations to achieve the desired benefits on behalf of present and future city residents, businesses and property owners.

(c)

Appointments and terms.

(1)

Composition. The board of planning and zoning appeals shall be composed of nine (9) members appointed by the mayor and council. Each member appointed shall be a resident and citizen of the city and shall so remain during the tenure of their service on the board of planning and zoning appeals.

(2)

Terms. Members shall serve a term of four (4) years and may be removed from office at any time by the mayor and council with or without cause. Appointment of the members shall be such that the terms of no more than two (2) members expire concurrently. The establishment of terms required by the modification of the number of members on the board shall be provided for by resolution of the mayor and council.

(3)

Qualifications. When possible, at least three (3) members shall be professionally qualified in the fields of planning, architecture, landscape architecture, civil engineering, real estate, building construction or related fields.

(4)

Compensation. Members shall serve without pay but may be reimbursed for any expenses incurred in connection with their official duties.

(5)

Vacancies. All appointees shall continue to serve until a successor is appointed. Any vacancies in the membership shall be filled for the unexpired term, in the same manner of the initial appointment. If a member moves to reside outside of the city limits, such member shall be deemed to have resigned from the board.

(d)

Board of planning and zoning appeals officers.

(1)

Chair. The board shall elect a chairperson from among its members. The chair's term shall be one (1) year or until reelected or until a successor is elected.

(2)

Duties of chair. The chair shall preside at all meetings and hearings of the board and decide all points of order and procedure. The chair may appoint committees necessary to assist and advise the board in its work. The chair may administer oaths and compel the attendance of witnesses by subpoena.

(3)

Vice-chair. The board shall elect a vice-chair from among its members. The vice-chair's term shall be one (1) year or until reelected or until a successor is elected.

(4)

Duties of vice-chair. The vice-chair shall serve as acting chair in the absence of the chair and, when acting in such capacity, shall have the same powers and duties as the chair.

(5)

Secretary. The board shall appoint a secretary, who may be an employee or a member of the staff of the department of community development of the city. The secretary shall have responsibility for assisting the chair with scheduling and preparing an agenda for meetings; providing copies of staff reports to members of the board; preparing public notice of hearings and other meetings; and making, publishing and preserving public records of the attendance, proceedings, reports and actions of the board; attend to the correspondence of the board; and other duties assigned by the chair, subject to the budgetary limitations of the department.

(6)

Committees. The chair may appoint, with the concurrence of the board, various standing and temporary committees to further the purposes of the board. Such committees may include ex-officio members of the staff of various city departments, residents and business owners of the city and other individuals whose background and knowledge may be of benefit to the board in its deliberations.

(e)

Meetings of the board of planning and zoning appeals.

(1)

Unless there is no business to be conducted, the board shall hold regularly scheduled meetings each month. The board shall establish and make available to the public the time, place, and dates of its regular meetings. Except as otherwise authorized by the Georgia Open Meetings Act, O.C.G.A. § 50-14-1 et seq., all meetings shall be open to the public. Public notice of all meetings shall be as required by said Georgia Open Meetings Act.

(2)

Special called meetings. The chair, secretary, or a majority of the board may call a special meeting at any time provided notification is provided in accordance with the Georgia Open Meetings Act.

(3)

Cancellation of meetings. The meeting may be cancelled by the board.

(4)

Agenda and minutes.

a.

The chair and secretary shall determine the meeting agenda. All matters to be considered or acted upon by the board shall appear on the agenda, which may be amended.

b.

Copies of the approved minutes for each meeting of the board shall be available to the public immediately following the next regularly scheduled meeting of the board.

(5)

Procedures. The board shall make its own rules of procedure consistent with this chapter and determine its time of meeting. Such rules shall be subject to approval of the mayor and council.

(6)

Agenda changes. The chair may change the order of the agenda on matters appearing on the agenda during the meeting if, in his or her judgment, time and purpose may be served.

(f)

Quorum and voting.

(1)

Quorum. A quorum shall consist of five (5) members of the board.

(2)

Voting.

a.

A board member, who is part of a quorum of the board during the consideration of any matter but not participating in the discussion or vote on a specific matter because of a conflict of interest, shall be considered present for quorum purposes but shall abstain from voting on that specific matter.

b.

A majority vote of those members present of the board is required for approval of all motions. A motion that fails by a majority vote shall not be deemed as approval of the opposite position.

c.

The board may recommend conditions to any proposed amendment to the comprehensive plan character area map, amendment to the official zoning map or any special permit as authorized in section 25B-55-14. The board may also impose conditions to the granting of a variance as authorized in section 25B-55-9(h)(3).

(Ord. No. 21-10, § 1, 6-22-21)

(a)

Initiation of amendments.

(1)

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

a.

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;

b.

A request by the mayor or one (1) or more members of the council; or

c.

City staff.

(2)

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

a.

A request by the mayor or one (1) or more members of the council;

b.

Official action of the board of planning and zoning appeals; or

c.

City staff.

(3)

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 chapter.

(4)

Application schedule.

a.

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 board of planning and zoning appeals and the mayor and council in accordance with a schedule prepared annually by the director.

b.

Following a request to amend the zoning ordinance text, the official zoning map, or the comprehensive plan character area map, pursuant to section 25B-55-4(a), the director shall, upon determination that the request is complete, refer the application to the board of planning and zoning appeals for review and recommendation.

c.

If any proposed amendment of the official zoning maps or the comprehensive plan character area maps is denied by the mayor and council, no request for amendment involving the same property shall be accepted for filing until the expiration of six (6) months following said denial.

(b)

Content of applications.

(1)

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

a.

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

b.

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

c.

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

d.

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

e.

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.

f.

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 (g)(1) 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 (g)(2) of this section.

g.

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

h.

If the proposed amendment to the official zoning map would meet the thresholds of a development of regional impact (DRI) as described in section 25B-55-5, the applicant shall prepare and submit to the director the necessary documentation required by such section.

(c)

Withdrawal of applications.

(1)

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.

(d)

Procedures for review.

(1)

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 director. 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.

(2)

Application acceptance. Within five (5) business days after the established deadline for applications for an amendment to the official zoning map or the comprehensive plan character area map, the director shall determine whether the application is complete. If the director determines the application is complete, it will be accepted as filed and processed. If the director determines the application is not complete, the application will not be deemed to have been filed, and the director 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 director 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.

(3)

Application review. When the director 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 director shall submit the application to the board of planning and zoning appeals for their review pursuant to section 25B-55-4(g). The director shall distribute copies of the application for review and comment to representatives from city agencies and departments having jurisdiction over the proposed action.

(4)

Site review. Prior to issuing its findings regarding a proposed amendment, the director 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.

(5)

Staff analysis and standards of review.

a.

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

b.

In preparing the analysis for an amendment to the official zoning map, the director shall consider and apply the standards in subsection (g)(1) of this section.

c.

In preparing the analysis for an amendment to the comprehensive plan character area map, the director shall consider and apply the standards in subsection (g)(2) of this section.

(6)

Public hearing and first read. Following the receipt of recommendation from the board of planning and zoning appeals 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 mayor and 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.

(7)

Developments of regional impact (DRI). If the proposed amendment would meet the thresholds of a DRI, as described in section 25B-55-5 of this chapter, the city shall follow the procedures outlined in said section 25B-55-5.

(e)

Notice of public hearings.

(1)

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 at least fifteen (15) days but not more than forty-five (45) days prior to the date of each required public hearing.

(2)

Signs posted. For an application to amend the official zoning map or comprehensive plan character area map, or a special use permit, or a variance from the requirements of this zoning ordinance, the director shall post a sign or signs at least fifteen (15) days 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 mayor and council.

(f)

Rules of procedure for public hearings.

(1)

Public hearing procedures for the board of planning and zoning appeals. For each matter concerning a variance or other matter on the agenda that requires a public hearing and a vote of the board of planning and zoning appeals, the following procedures shall be followed:

a.

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.

b.

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

c.

The chair shall request a report from the staff regarding its findings.

d.

The chair shall provide an opportunity for the applicant and any who support the applicant's petition to speak. The chair shall provide equal opportunity for those who wish to speak in opposition to the applicant's petition. The chair may limit the presentation of those for and against a petition to a reasonable length of time, but not less than ten (10) minutes per side. If desired, the applicant may reserve a portion of their allotted time for rebuttal and summary comments to be made following presentation of those opposed to the petition.

e.

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 chair.

f.

Following the allotted time for proponents and opponents, the chair shall close the public hearing with respect to the subject matter and seek a motion to act upon the petition as provided in subsection (h) of this section or, section 25B-55-9 in variance cases.

(2)

Public hearing procedures for the mayor and 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 use permit or other matter on the agenda that requires a public hearing and a vote of the mayor and council, the following procedures shall be followed:

a.

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.

b.

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

c.

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

d.

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 (10) minutes per side.

e.

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 mayor and council.

f.

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

(g)

Application review standards.

(1)

Standards governing the exercise of zoning power. In reviewing the application of a proposed amendment to the official zoning map, the mayor and council, the board of planning and zoning appeals, and the director shall consider the following standards:

a.

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

b.

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

c.

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

d.

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.

e.

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

f.

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.

g.

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

h.

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

(2)

Standards for review of comprehensive plan character area map amendments. When considering an amendment to the comprehensive plan character area map, the mayor and council, the board of planning and zoning appeals, and the director shall consider:

a.

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.

b.

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.

c.

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

d.

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

e.

Whether the proposed amendment would reduce dependence on the automobile.

f.

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

g.

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.

h.

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

i.

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.

(h)

Action by board of planning and zoning appeals. In making a recommendation on a proposed amendment to the comprehensive plan character area map or the official zoning map, the board of planning and zoning appeals shall review and consider the application and materials of record, the findings of the director and the applicable standards in subsection (g) of this section.

(1)

Recommendation. The board of planning and zoning appeals shall make a recommendation to the mayor and council to:

a.

Approve the proposed amendment as requested by the applicant;

b.

Approve the proposed amendment with conditions; or

c.

Deny the proposed amendment.

(2)

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 board of planning and zoning appeals 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.

(3)

Time limit. The board of planning and zoning appeals shall have sixty (60) days from the date of receipt for a proposed amendment from the director within which to forward its report and recommendation to the mayor and council, which shall be done at the next regular meeting of the mayor and council following action of the board. If the board of planning and zoning appeals shall fail to file such report and recommendation within the sixty (60) day period, it shall be deemed to have given a recommendation of "no recommendation" on the proposed amendment.

(i)

Action by the mayor and council.

(1)

Considerations by the mayor and council. In making a decision on an amendment of the comprehensive plan character area map or the official zoning map, the mayor and council shall review and consider the application and materials of record, the findings of the director, the recommendation of the board of planning and zoning appeals, and the applicable standards in subsection (g) of this section.

(2)

Actions by the mayor and council. Subsequent to the public hearing, the mayor and council shall take one (1) of the following actions regarding the proposed amendment:

a.

Approve the proposed amendment as requested;

b.

Approve the proposed amendment with conditions;

c.

Deny the proposed amendment;

d.

Refer the matter back to the board of planning and zoning appeals 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 (e)(1) and (e)(2) of this section; or

e.

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

(3)

Time limit. The mayor and council shall have ninety (90) days from receipt of the recommendation of the board of planning and zoning appeals within which to take final action.

(4)

Notification and final record of action. Within ten (10) business days following final action by the mayor and council, written notification shall be mailed to the applicant and property owner. Thereupon the director shall record the map amendment on the official zoning map or comprehensive plan character area map, as appropriate.

(j)

Appeals of action by the mayor and council. A zoning decision of the mayor and council as defined in O.C.G.A. § 36-66-3, may be appealed in the manner provided by O.C.G.A. § 36-66-5.1(a)(1). Such appeal shall be brought by a party in interest within thirty (30) days of the written decision of the challenged or appealed action.

(Ord. No. 21-10, § 1, 6-22-21; Ord. No. 22-01, §§ 14—16, 1-25-22; Ord. No. 23-10, § 4, 6-20-23; Ord. No. 24-21, § 1, 7-23-24)

(a)

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 use 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.

(b)

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.

(c)

Recommendation from TRRC. No final action shall occur on such a rezoning, special use, variance, preliminary plat review or permit application until a recommendation is received from TRRC regarding the DRI.

(Ord. No. 21-10, § 1, 6-22-21)

(a)

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 25B-25-1, Table of Permitted and Prohibited Uses.

(b)

Application procedures.

(1)

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

(2)

Applications for special permits shall be for one (1) of the following special permit types: Special use permit or special administrative permit.

(3)

Applications for special permits shall be made on forms published and provided by the director and shall be filed with the department of community development. Applications shall not be considered filed unless complete in all respects and all fees paid.

(4)

Each applicant shall complete all questions and requested materials contained within the required application form, including responses to the criteria in subsection (e) below, and all applicable supplemental regulations in chapter 25B-30.

(c)

Staff analysis and findings of fact.

(1)

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

(2)

Staff review of each application for special permit shall be based on the criteria contained in subsection (e) of this section and in addition, where applicable to the use proposed, to the applicable supplemental regulations contained in chapter 25B-30.

(d)

Time limits of special use permits.

(1)

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

(2)

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 director in the same manner as any other provision of the UDO, subject to the limitations provided in subsection (g) of this section.

(e)

Special permit criteria to be applied. The following criteria shall be applied by the director in evaluating and deciding any application for a special administrative permit, and by the director, the board of planning and zoning appeals, and the mayor and 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:

(1)

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.

(2)

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.

(3)

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.

(4)

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

(5)

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

(6)

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.

(7)

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.

(8)

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

(f)

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.

(g)

Expiration of a special permit. Unless a building permit or other required approval is secured within twelve (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 (h) of this section.

(h)

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

(Ord. No. 21-10, § 1, 6-22-21; Ord. No. 22-01, § 17, 1-25-22)

(a)

Authority. The mayor and council may, in accordance with the procedures, standards and limitations of chapter 25B-55, 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 25B-25-1, Table of Permitted and Prohibited Uses.

(b)

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

(c)

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

(d)

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 25B-55-4(e) of this chapter and shall, in addition to the information required in subsection 25B-55-4(e), indicating the special use requested for the subject property.

(e)

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

(f)

Action by the board of planning and zoning appeals.

(1)

The secretary shall provide the members of the board of planning and zoning appeals complete information on each proposed application for a special use permit, which the board considers including a copy of the application and supporting materials, and the written report of the director applying the required criteria in section 25B-55-6(e) and the supplemental regulations of chapter 25B-30, where applicable, to each application.

(2)

Prior to initiating a motion regarding its recommendation to the mayor and council, the board of planning and zoning appeals shall review and consider each of the criteria contained in section 25B-55-6(e) of this chapter, and the supplemental regulations contained in chapter 25B-30, where applicable to the proposed use.

(3)

The board of planning and zoning appeals recommendation on each application shall be based on a determination as to whether or not the applicant has met the criteria contained in section 25B-55-6(e), the supplemental regulations contained in chapter 25B-30, 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.

(4)

The board of planning and zoning appeals may recommend the imposition of conditions based upon the facts in a particular case in accordance with section 25B-55-14.

(5)

The board of planning and zoning appeals 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 mayor and council on the matter.

(6)

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

(g)

Action by the mayor and council.

(1)

The secretary shall provide the mayor and council information from decisions of the board of planning and zoning appeals on each proposed application for special use permit, including a copy of the application and supporting materials, and the written report of the director containing the required criteria in section 25B-55-6(e) and the supplemental regulations of chapter 25B-30, where applicable, to each application.

(2)

After a public notice as required in subsection (c) of this section, the mayor and council shall conduct a public hearing in a manner consistent with section 25B-55-4(f) of this chapter. The mayor and council shall review and consider each of the criteria contained in section 25B-55-6(e) of this chapter, and the supplemental regulations contained in chapter 25B-30, where applicable to the proposed use.

(3)

The decision of the mayor and 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 section 25B-55-6(e), the supplemental use standards contained in chapter 25B-30 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 mayor and council may impose conditions based upon the facts in a particular case in accordance with section 25B-55-14.

(4)

The mayor and council, after conducting the public hearing with public notice required by this section, shall take one (1) of the following actions:

a.

Vote to approve the application.

b.

Vote to approve the application with conditions.

c.

Vote to deny the application.

d.

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

e.

Vote to refer the matter back to the board of planning and zoning appeals 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 25B-55-4(e)(1) and (e)(2).

(5)

Time limit. The mayor and council shall have ninety (90) days from the date of the regular meeting at which it first receives the report and recommendation of the board of planning and zoning appeals for a special use permit within which to take final action.

(Ord. No. 21-10, § 1, 6-22-21; Ord. No. 22-01, §§ 12, 13, 1-25-22)

(a)

Authority. The director may, in accordance with the procedures, standards and limitations of chapter 25B-55, 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 25B-25-1, Table of Permitted and Prohibited Uses.

(b)

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 director, however, there shall be no refund of application fees after an application has been deemed filed by the director.

(c)

Action by the director.

(1)

The director's decision on each application shall be based on a determination as to whether or not the applicant has met the criteria contained in section 25B-55-6(e) and the supplemental regulations of chapter 25B-30, 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.

(2)

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

(3)

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

(4)

Decisions shall be made within forty-five (45) days of filings unless extended by mutual consent of the applicant and director.

(5)

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

(d)

Reporting to the board of planning and zoning appeals. The director shall report to the board of planning and zoning appeals all decisions on special administrative permits at regular board meetings.

(Ord. No. 21-10, § 1, 6-22-21)

(a)

Authority. Unless otherwise provided for in the zoning ordinance, the board of planning and zoning appeals shall have authority to grant variances from the dimensional requirements of the zoning ordinance, in accordance with the standards and procedures as set forth in this section.

(b)

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.

(c)

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 director and shall not be considered filed unless complete in every respect.

(d)

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

(1)

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

(2)

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

(3)

The size of the subject property.

(4)

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

(5)

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

(6)

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

(7)

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

(e)

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

(f)

Public notice procedures.

(1)

Legal notice. Due notice of public hearings held pursuant to this section shall be published in the newspaper of general circulation within the city. The legal advertisement shall be published at least thirty (30) days but not more than forty-five (45) days prior to the date of each required public hearing.

(2)

Signs posted. The director shall post a sign or signs in a conspicuous location on the property subject to the variance application at least thirty (30) days prior to each public hearing required by this section. The sign must be visible from at least one (1) street upon which the property abuts or on the access to such property and shall state the proposed variance, the date of the public hearing and shall contain a telephone number to call for further information relating to such proposed variance.

(3)

Written notice to property owner. Written notice of the public hearing shall be sent to the property owner at least thirty (30) days to the public hearing.

(g)

Public hearing procedures. The public hearing procedures for a variance application shall be in conformance with section 25B-55-4(f)(1) of this chapter. The chair, or in their absence, the vice chair, may administer oaths and compel attendance of witnesses by subpoena.

(h)

Standards for granting variances.

(1)

Granting variances. The board of planning and zoning appeals 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:

a.

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

b.

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.

c.

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

d.

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.

e.

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.

f.

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

g.

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.

(2)

No variance shall be authorized to:

a.

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

b.

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

c.

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

d.

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

e.

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

f.

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

(3)

Ability to impose conditions. The board of planning and zoning appeals may attach reasonable conditions to a variance when necessary to prevent or minimize adverse impacts upon surrounding property or the environment.

(i)

Final decisions. The board of planning and zoning shall make a final decision on variance requests in accordance with the procedures and standards set forth in this section 25B-55-9. Final decisions shall be made immediately following the conclusion of the public hearing or, if deferred, no more than forty-five (45) days from the date of the initial public hearing.

(j)

Successive applications. An application for a variance affecting all or a portion of the same property that was denied by the board of planning and zoning appeals shall not be accepted sooner than six (6) months after the date of final decision by the board of planning and zoning appeals.

(Ord. No. 21-10, § 1, 6-22-21; Ord. No. 23-10, § 1, 6-20-23)

(a)

Procedures.

(1)

Eligibility for appeal. Appeals to the board of planning and zoning appeals 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 board of planning and zoning appeals a written notice of appeal, specifying the grounds thereof, within ten (10) 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.

(2)

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

a.

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

b.

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.

(3)

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

(b)

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

(c)

Decisions of the board. Following the consideration of all testimony, documentary evidence and matters of record, the board of planning and zoning appeals shall make a determination on each appeal. The board shall decide the appeal within a reasonable time but, in no event, more than forty-five (45) days from the date of the initial hearing. An appeal may be sustained only upon an expressed finding by the board of planning and zoning appeals 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. 21-10, § 1, 6-22-21)

Appeals of all final decisions of the board of planning and zoning appeals under the provisions of this chapter shall be as follows:

(1)

Review of decisions. Any person aggrieved by a final decision of the board of planning and zoning appeals may seek review of such decision in the manner provided by O.C.G.A. § 36-66-5.1(a)(2).

(2)

Approval of form or certificate. The director shall have the authority, without addition board or agency action, to approve or issue any form or certificate necessary to perfect the petition described in Title 5 of the Official Code of Georgia Annotated.

(3)

Service. Service of an appeal or petition under Title 5 of the Official Code of Georgia Annotated concerning any final action of the board of zoning and planning appeals may be effectuated upon the city manager in the manner provided by Georgia law.

(Ord. No. 21-10, § 1, 6-22-21; Ord. No. 23-10, § 2, 6-20-23)

(a)

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.

(b)

Review. It is the duty of the board of planning and zoning appeals 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. 21-10, § 1, 6-22-21)

(a)

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

(b)

Limitations. Applications for administrative variances shall be considered on the following provisions exclusively:

(1)

Front yard. Variance not to exceed a decrease of more than ten (10) percent deducted from the required setback.

(2)

Side yard. Variance not to exceed a decrease of more than twenty-five (25) percent deducted from the required setback.

(3)

Rear yard. Variance not to exceed a decrease of more than five (5) feet deducted from the required setback.

(4)

Heights of structures in required yards. Variance not to exceed an increase of more than five (5) inches added to the maximum allowable height.

(5)

Height of building. Variance not to exceed an increase of more than five (5) feet added to the maximum allowable height.

(6)

Storefront fenestration percentage requirements. Variance not to exceed a decrease of more than twenty (20) percent deducted from the minimum required fenestration.

(7)

Storefront intervening fenestration distance requirements. Variance not to exceed an increase of more than thirty (30) feet added to the length of facade allowed without intervening fenestration, architectural detailing or entryway.

(8)

Landscape zone. Variance not to exceed a decrease of more than two (2) feet deducted from the required minimum width. However, in no event shall a landscape zone administrative variance deduction be permitted to exceed fifty (50) percent of the required minimum width.

(9)

Street tree spacing. Variance not to exceed an increase of more than five (5) feet added to the minimum required spacing distance.

(10)

Sidewalk widths. Variance not to exceed a decrease of more than two (2) feet deducted from the required minimum width.

(11)

Outdoor dining encroachment into required sidewalks. Variance to allow outdoor dining areas to encroach a maximum two (2) feet into an adjacent required public sidewalk.

(12)

Open space calculations. Variance not to exceed a decrease of more than ten (10) percent deducted from the required minimum calculation.

(13)

Block dimensions. Variance not to exceed an increase of more than twenty-five (25) percent added to the maximum allowable dimension.

(14)

Fences. Variance not to exceed an increase of more than two (2) feet added to the maximum allowable height.

(15)

Retaining walls. Variance not to exceed an increase of more than ten (10) feet added to the maximum allowable height.

(16)

Loading requirements. Variance not to exceed a decrease of more than one (1) loading space deducted from the required minimum calculation.

(17)

Restaurants with drive-through service window car stacking. Variance not to exceed a decrease of more than three (3) stacking spaces for inbound drive-through customers.

(18)

Stormwater retention facilities. Variance to allow stormwater retention facilities to eliminate minimum setback requirements when such facilities are located within a master planned development that results in the creation of multiple new parcels within a larger project area.

(c)

Appeals. Any person aggrieved by the final decision of the director on an application for administrative variance may appeal said decision to the board of planning and zoning appeals under the procedures and requirements outlined in section 25B-55-10. The board of planning and zoning appeals shall publish notice of the meeting at which such appeal is heard in conformity with section 25B-55-9(f).

(Ord. No. 21-10, § 1, 6-22-21; Ord. No. 22-01, § 11, 1-25-22; Ord. No. 23-10, § 3, 6-20-23)

(a)

Conditions of approval. The board of planning and zoning appeals and the director may recommend, and the mayor and council may impose, reasonable conditions upon the approval of any amendment to the comprehensive plan character area map, official zoning map or approval of a special use permit that it finds necessary to ensure compliance with the intent of the comprehensive plan or zoning ordinance. Such conditions may also be imposed by the board of planning and zoning appeals for variances. 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:

(1)

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

(2)

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

(3)

Greenspace and open space conservation.

(4)

Driveway curb cut limitations.

(5)

Restrictions to land uses or activities that are permitted.

(6)

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

(7)

The provision of adequate ingress and egress.

(8)

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

(9)

Building height, massing or compatible architectural design features.

(10)

Hours of operation.

(11)

The duration of a special use.

(12)

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

(13)

Other conditions that the mayor and 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.

(b)

Such conditions, limitations or requirements shall be:

(1)

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

(2)

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

(3)

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, or special use permit to which the conditions are attached and shall be:

a.

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

b.

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

(c)

Alterations to conditions of approval.

(1)

Alterations or repeal of conditions attached to any amendment to the comprehensive plan character area map, official zoning map, or approval of a special use permit shall be made only by the mayor and council following a duly advertised public hearing conducted in accordance with subsection 25B-55-4(d) of this chapter. Notice shall be provided in accordance with subsection 25B-55-4(e).

(2)

Except for minor changes authorized as an administrative variance under section 25B-55-13(b), alterations or repeal of conditions attached to a variance granted by the board of planning and zoning appeals shall be made only by the board of planning and zoning appeals following a duly advertised public hearing conducted pursuant to procedures provided in subsection 25B-55-9(f) of this chapter. Notice shall be provided in accordance with subsection 25B-55-9(f).

(Ord. No. 21-10, § 1, 6-22-21; Ord. No. 23-10, § 5, 6-20-23)

It is the duty of all applicants and opponents of rezoning actions who have made campaign contributions aggregating two hundred fifty dollars ($250.00) or more to a member of the board of planning and zoning appeals or mayor and council within two (2) years prior to the applicant's application for the rezoning action, to comply with the requirements of O.C.G.A. § 36-67A-1, et seq., as amended.

(Ord. No. 21-10, § 1, 6-22-21)