Several of the zoning districts contained herein permit certain uses subject to compliance with conditions. The evaluation of conditional use requests and determination of compliance shall be the responsibility of the mayor and council.

(Code 1994, § 110-1; Ord. No. 01-02, § 16(art. XV(intro.)), 7-9-2001; Ord. No. 02-02, § 1, 5-13-2002)

(a)

Applications for conditional use permits shall be filed on city forms with the city clerk by the owner of the subject property or the property owner's authorized agent. As part of the application, the applicant must submit a report and detailed site plan of the proposed use documenting specifically how the conditions of the zoning district and use will be complied with. The report shall also document impacts of the proposed use upon community facilities and/or adjacent properties and shall state a response to all the decision factors outlined below.

(b)

All notices for a public hearing to consider the conditional use permit shall comply with the requirements of the Georgia Zoning Procedures Act, O.C.G.A. § 36-66-4.

(c)

The mayor and council shall hold a public hearing pursuant to the Zoning Procedures Act on the conditional use permit application no later than 60 days after submission of a completed application package. Following the close of the public hearing, the mayor and city council must act by simple majority to approve the conditional use permit, approve the conditional use permit with conditions, or deny the conditional use permit based on the applicable review and approval criteria of this section.

(d)

Except as otherwise stated explicitly in this chapter, the following review and approval criteria must be used in reviewing and taking action on all conditional use permit applications:

(1)

Whether the proposed use is consistent with the policies of the comprehensive plan.

(2)

Whether the proposed use complies with the requirements of this chapter.

(3)

Whether the proposed site provides adequate land area for the proposed use, including provision of all required open space, off-street parking and all other applicable requirements of the subject zoning district.

(4)

Whether the proposed use is compatible with adjacent properties and land uses, including consideration of:

a.

Whether the proposed use will create adverse impacts upon any adjoining land use by reason of noise, smoke, odor, dust or vibration generated by the proposed use;

b.

Whether the proposed use will create adverse impacts upon any adjoining land use by reason of the hours of operation of the proposed use;

c.

Whether the proposed use will create adverse impacts upon any adjoining land use by reason of the manner of operation of the proposed use;

d.

Whether the proposed use will create adverse impacts upon any adjoining land use by reason of the character of vehicles or the volume of traffic generated by the proposed use;

e.

Whether the size, scale and massing of the proposed buildings are appropriate in relation to the size of the subject property and in relation to the size, scale and massing of adjacent and nearby lots and buildings: and

f.

Whether the proposed plan will adversely affect historic buildings, sites, districts, or archaeological resources.

(5)

Whether public services, public facilities and utilities, including motorized and nonmotorized transportation facilities, are adequate to serve the proposed use;

(6)

Whether adequate means of ingress and egress are proposed, with particular reference to nonmotorized and motorized traffic safety and convenience, traffic flow and control and emergency vehicle access;

(7)

Whether adequate provision has been made for refuse and service areas; and

(8)

Whether the proposed building as a result of its proposed height will create a negative shadow impact on any adjoining lot or building.

(e)

The mayor and council shall have no more than two regular agenda meetings to either approve, approve with conditions, or deny the request. Additional conditions may be imposed by the mayor and council in the interest of ensuring the public health, safety and welfare.

(Code 1994, § 110-1; Ord. No. 01-02, § 17(15.1), 7-9-2001; Ord. No. 02-02, § 1, 5-13-2002; Ord. No. 2019-02, § 7, 10-14-2019)