Several of the zoning districts established herein permit certain uses which are allowable therein, provided they meet specified conditions, as set forth therein and elsewhere. No such use shall be permitted until a conditional use permit has been issued authorizing such use. The procedures for granting such permits shall be the same as provided for in this chapter.

(Ord. No. 2024-02, § 1, 6-17-2024)

Those conditions specified in the zoning district regulations shall be considered to be the minimum standards which must be met before the conditional use application may be considered by the city council. In deciding upon whether or not a conditional use which meets the minimum standards promotes the health, safety, morals or general welfare of the city, the city council shall utilize the applicable standards of review:

1.

The existing uses and zoning of nearby property;

2.

Whether the proposed amendment is compatible with the policies and intent of the comprehensive plan;

3.

Whether the proposed amendment will permit a use or uses compatible with the current or future use of adjacent and nearby properties comprising the established land use pattern or otherwise adversely affect the existing or potential use of adjacent or nearby properties;

4.

Whether unacceptable impacts on the environment could be caused by the proposed amendment, including, but not limited to, impacts on stormwater discharges, wetlands, groundwater recharge areas, wildlife habitats, soil erosion and sedimentation, floodplains, air quality, and water quality and quantity;

5.

Whether the proposed amendment will allow a use that will or could cause an excessive or burdensome use of existing or planned streets, other transportation facilities, utilities, schools, or other public facilities and services such as police protection, fire protection, emergency medical services, or public health facilities;

6.

The suitability of the property for the zoning classification currently assigned to the property;

7.

Whether the proposed amendment would tend to cause an undue concentration or an undue dispersal of development;

8.

Whether existing or changing conditions affecting the use or development of the property are present that support approval or denial of the proposed amendment;

9.

Whether the proposed amendment will adversely affect the health, safety, morals, aesthetics, convenience, order, prosperity, or welfare of residents, business owners or property owners of the City of Lovejoy; and

10.

The length of time the property has been vacant as zoned considered in the context of land development in the area in the vicinity of the property.

(Ord. No. 2024-02, § 1, 6-17-2024)

(a)

Notice for a public hearing, including publication requirements and signage posting requirements shall be in accordance with the zoning procedures law set forth in Title 36 Chapter 66 of the Georgia Code Annotated. Whenever the zoning procedures law set forth in title 36 chapter 66 of the Georgia Code Annotated requires a sign to be posted, then the required signs shall be placed by the community development department in a place conspicuous to the nearest public roadway on said property. Each sign shall not be less than six square feet in area and shall contain the information required herein.

(b)

The petitioner shall notify all adjacent and abutting property owners by delivering a copy of the conditional use petition by hand delivery or by certified mail with return receipt requested. For the purposes of this section, adjacent shall also include parcels separated by a publicly dedicated right-of-way. Proof of such notice shall be provided to the zoning administrator or his designee prior to the hearing. Proof that certified mail was properly sent will be sufficient evidence of notification.

(c)

If the city council, after applying the evidence to the standards of review and hearing the evidence on the record pursuant to the standards outlined in section 1505, has been convinced that the allowance of the conditional use would promote the health, safety, morals or general welfare of the city, a conditional use permit may be allowed, subject to those any conditions approved by the city council, if any.

(Ord. No. 2024-02, § 1, 6-17-2024)

Due to the sensitive nature of the uses regulated by the conditional use permit procedures, all conditional use permits shall expire by operation of law one year from issuance if:

(1)

In instances where no structure is to be erected, the site has not been utilized for the conditional use within one year; or

(2)

In those instances in which a building or structure is to be erected, an application for building permit has not been submitted within one year.

(Ord. No. 2024-02, § 1, 6-17-2024)