This appendix, including the official zoning map, may be amended by the city council on its own motion, or on application or recommendation by the zoning administrator, any public agency or department of the City of Lovejoy.

A zoning map amendment/rezoning may be proposed by an individual or entity owning fee simple title to the subject property or written authorization to act on behalf of such owners.

A petition for amendment to the official zoning map, except those proposed by the city council or other city agents, shall be accompanied by a filing fee established by the city's fee schedule and shall be filed on a form, provided by, and shall be filed with, the city clerk at least 60 days prior to the date of the city council meeting at which the applicant wishes the petition to be considered.

The zoning administrator may vary the deadline by up to seven days, provided the zoning administrator determines that the petition may still be properly advertised and all notice requirements followed on schedule for the regularly scheduled zoning meeting.

An application for a rezoning should contain the following:

(1)

A completed copy of the application for a zoning map amendment on the form, provided by the zoning administrator.

(2)

A conceptual site plan depicting the proposed use of the property; including:

(a)

A correct scale and north arrow;

(b)

The proposed land use and building outline as it would appear should the zoning map amendment application be approved;

(c)

The present zoning classification of all adjacent parcels;

(d)

The gross square footage of all proposed buildings;

(e)

The proposed location of all driveways and entry/exit points for vehicular traffic, using arrows to depict direction of movement;

(f)

The location of required off-street parking and loading spaces, including number of spaces and driveway dimensions;

(g)

Required yard setbacks appropriately dimensioned; and

(h)

The location and extent of required buffer areas, depicting the extent of natural vegetation and type and location of additional vegetation if required.

Conceptual site plans shall be required of any rezoning application in which the application is to establish/expand any RS-65, RM, RMTH, RMP, 01, NB, CB, GB, LI, HI or PUD districts or to obtain approval for a conditional structure and/or use. Said site plan shall meet the requirements of article XI of this appendix. Within ten days of receipt of such a site plan, the zoning administrator shall determine its compliance with article XI of this appendix and shall either accept it as being "sufficient" or reject it as being "insufficient." If it is so rejected, the revised application may be resubmitted for the following application period.

(Ord. No. 2024-02, § 1, 6-17-2024)

All proposed amendments to the official zoning map or text, except those proposed by the city council, shall be transmitted by the city clerk to the zoning administrator for study and recommendation by the zoning administrator. After completing his study of the proposed amendment, the zoning administrator shall submit his report to the city council for consideration and action.

Notwithstanding any requirement herein to the contrary, all proposed amendments shall be referred by the zoning administrator to the city council within 90 days of receipt of all materials to be considered under this appendix.

Before enacting a zoning decision, the city council shall hold a public hearing thereon for the purpose of receiving and considering public comment on the merits of the zoning decision. Said hearings shall be held only after substantial compliance with all required public notification of the hearing as required by O.C.G.A. 36-66-4.

(Ord. No. 2024-02, § 1, 6-17-2024)

(A)

The city council will hold a public hearing on all zoning decisions referred to the council at its regularly scheduled meeting, or at any special called meeting which is properly noticed and advertised in accordance with state law. All public hearings set forth in this section shall be held at city hall for the City of Lovejoy.

(B)

The governing, calling and conducting of hearings shall be accomplished in accordance with the following policies and procedures:

(1)

If any person desires a stenographic record of the proceedings, such person shall make arrangement for such by informing the clerk of the city council, who shall arrange for a stenographer to record the proceedings. The costs of such shall be borne by the person or persons requesting stenographic recording. No stenographer not arranged for in accordance with this section shall be allowed to set up in the hearing room.

(2)

The mayor shall indicate that a public hearing has been called for the consideration of zoning decisions. Thereupon, the city council shall consider each zoning decision pursuant to the standard of review on an individual basis.

(3)

When an application comes up for review, the city council shall ask for a show of hands for those persons who appear in support of and in opposition to the zoning decision. Each side shall have 20 minutes to express their public comment.

(4)

After the comments and concerns of the public have been heard, the city council may thereupon request a report from the officer or agents of the city.

(5)

The applicant for the zoning decision shall be allowed no more than ten minutes for rebuttal and final comment.

(6)

After the above procedures have been completed, the mayor will indicate that the public hearing is formally closed.

(7)

After the public hearing is closed, the city council may either vote upon the zoning decision or may delay their vote to a subsequent meeting, provided that notice of the time, date and location when such zoning decision is to be made shall be announced at the meeting during which the public hearing is held and advertised in accordance with O.C.G.A. 36-66-4.

(Ord. No. 2024-02, § 1, 6-17-2024)

Standards governing the exercise of zoning authority are hereby adopted. These standards are to be applied to consideration of any zoning decision.

A.

Standards of review applicable to zoning decisions. The following standards are found by the City of Lovejoy to be relevant in balancing the promotion of public health, safety, morality and general welfare against the right to unrestricted use of property. The city council shall consider the following criteria when reviewing rezoning applications. A written point-by-point application of each of the criteria in assessing the impact of the proposed zoning decision shall be required of the applicant. Such application of the criteria shall not be required of the applicant regarding amendments to the text of the zoning ordinance as only the city council may propose such ordinance amendments:

1.

Whether the zoning proposal is in conformity with the policies and intent of the comprehensive plan;

2.

Whether the zoning proposal will permit a use that is suitable in view of the use and development of adjacent and nearby properties;

3.

Whether the property to be affected by the zoning proposal has a reasonable economic use as currently zoned;

4.

Whether the zoning proposal will adversely affect the existing use or usability of adjacent or nearby property;

5.

Whether there are other existing conditions or changing conditions affecting the use and development of the property that provide supporting grounds for approval or denial of the zoning proposal;

6.

Whether the zoning proposal will adversely affect historic buildings, sites, districts or archaeological resources;

7.

Whether the zoning proposal will result in a use that will or could cause an excessive or burdensome use of existing streets, transportation facilities, utilities, or schools;

8.

Whether there are environmental impacts or consequences resulting from the proposed change; and

9.

Whether there are impacts on properties in an adjoining governmental jurisdiction in cases of proposed changes near city boundary lines.

B.

After hearing evidence at the public hearing, the city council shall apply the evidence to the standards of review in making their decision. If the city council determines from the evidence presented that the applicant has shown that the proposed zoning decision promotes the health, safety, morals and general welfare of the city under the standards of review, then the application shall be granted, subject to any reasonable conditions and those provisions as may be imposed by the council. Otherwise, such application shall be denied.

(Ord. No. 2024-02, § 1, 6-17-2024)

In deciding upon any application for zoning map amendment, the city council may, on their own motion or upon the suggestion of the applicant, grant the application subject to certain provisions necessary to promote and protect the health, safety, morals and general welfare of the city. Such provisions shall be imposed for the benefit of the community to lessen any negative effects that the zoning map amendment may cause.

The city council may grant any zoning map amendment and include provisions as follows:

(1)

Such provisions as are deemed necessary to protect neighbors and to lessen any negative effects of the zoning change;

(2)

That the rezoning is provisional upon the condition that the applicant or any successor in title may construct only those uses and only in such a manner as is depicted upon any site plan submitted and approved with the application.

Prior to a final vote being taken upon any application for a zoning map amendment in which provisions shall be imposed, such provisions will be announced at the hearing and the applicant shall be afforded an opportunity to present its position on such provisional requirements. If the applicant finds such proposed provisional requirements to be unacceptable, it may, at that time, withdraw its application for zoning map amendment; such withdrawal shall not enable such applicant to refile for a zoning map amendment contrary to city or state law.

If the city council adopts a zoning map amendment which contains provisional requirements, such requirements shall become a part of this appendix and the official zoning map. Such property shall thereafter carry the suffix "-P" to indicate that such property has been provisionally zoned (e.g., AG-P, RG-75-P etc.). Such provisions shall be binding upon all owners of the property until removed or modified by the city council. The zoning administrator shall so indicate in the records of the zoning actions the existence of the provisional requirements. If the zoning administrator deems it appropriate and feasible, the suffix "-P" shall be affixed to the zoning map for the appropriate property.

A provisional requirement may be imposed upon either permitted and/or conditional uses in any zoning district. In ruling on such provisional requirements the city council shall utilize the applicable standards of review contained in section 1506 of this appendix.

In those instances where a rezoning is granted which is provisional upon the submitted site plan, such property shall revert to its former zoning classification by operation of law if a building permit for such development has not been applied for within one year, provided that the city council, at a zoning hearing, may extend this period for good cause shown by the property owner. The zoning administrator may grant "minor" changes to such site plans subject to the provisions of section 818.8(D).

It shall be the duty of the zoning administrator to periodically review such provisional rezoning and to report to the city council those rezoning actions which have reverted by operation of law.

Procedures for removing any provisional requirements shall be the same as any other zoning amendment.

Within 14 days of a rezoning action by the city council to establish a PUD zoning district, the zoning administrator shall issue a development order specifying the condition under which the PUD must be developed. The conditions shall apply to any development on the subject property regardless of ownership.

Approval of all RS-65, RM, RMTH, RMP, NB, CB, GB, LI, HI and conditional structure/use zoning amendments shall be in effect for 12 months. However, if a building permit, grading permit or business license has not been issued and construction (if any is necessary) begun within this 12-month period after such amendment is approved, the zoning approval may be withdrawn and the city council may reinstate the prior zoning district and regulations or apply any intervening zoning district and applicable regulations to the property. Alternatively, the city council may extend the zoning an additional 12 months and any number of subsequent 12-month periods by only on such period at a time. Reversion of PUD zoning shall be as set forth in the development order for the particular PUD. Procedures for reversion shall be the same as a regular zoning amendment.