The City of McDonough hereby establishes the planning commission which shall conduct business consistent with all requirements of the State of Georgia and this chapter.

A.

Membership. The planning commission shall consist of and continue as a seven (7) member commission. Members shall be appointed and confirmed in accordance with the approval of the mayor and city council.

B.

Term. Planning commission members shall be residents or property owners within the city and shall not be members of the city governing authority. Members shall be appointed for one (1) year term and shall serve until their successor is appointed and qualified. Each successive appointment shall be for one (1) year.

C.

Vacancies. Any vacancy in membership shall be filled for the unexpired term by the governing authority who shall have the authority to remove any member for cause, on written charges, after a hearing has been held by the governing authority. If a member moves outside the city limits or sells his/her property within the city; it shall constitute a resignation from the planning commission. Vacancies for unexpired terms shall be filled in the same manner as the initial appointment and the mayor and city council shall appoint and confirm a member for the unexpired term of the vacating member. Members may be reappointed to successive terms without limitation.

D.

Compensation. All members shall be compensated in an amount as fixed from time to time by the mayor and city council, and each may be further reimbursed for actual expenses incurred in direct connection with official duties when said expense has the prior approval of the mayor or city manager.

(Ord. No. 25-01-02, § 1, 1-2-2025)

A.

Recommending body. The PC shall serve as the recommending body for the mayor and city council of the City of McDonough. The PC shall recommend approval or denial of applications being forwarded to the mayor and city council, which include:

1.

Comprehensive plan amendments;

2.

Zoning map amendments (rezoning);

3.

Special uses;

4.

Text amendments; and

5.

Regulations for the subdivision of land within the city, and to administer the regulations that may be adopted.

(Ord. No. 25-01-02, § 1, 1-2-2025)

A.

Quorum. Four (4) members of the planning commission shall constitute a quorum for the transaction of business.

B.

Officers. The following officers shall be established:

1.

The PC shall elect a chairperson that shall serve for one (1) year or until they are reelected, or their successor is elected.

2.

A second member shall be elected as vice-chairperson, and they shall serve for one (1) year or until they are re-elected, or their successor is elected.

3.

The PC shall appoint a secretary, who is an employee of the City of McDonough.

C.

Meetings. The PC shall meet at a minimum of once a month at a date and time established by the director, and all meetings shall be called in accordance with the procedures in Robert's Rules of Order.

D.

Rules and operating procedures. The PC shall have the authority, with mayor and city council consent, to adopt any procedures concerning organization, forms for applications, filing requirements, procedures, and conduct of meetings.

E.

Filing. All applications shall be filed by the applicant with the community development departments in the form prescribed by the director.

(Ord. No. 25-01-02, § 1, 1-2-2025)

A.

Acknowledgement. All persons who wish to address the PC at a hearing shall first sign up on a form to be provided by the city prior to the commencement of the hearing.

B.

Matter presented. The chairperson will read the proposed petition under consideration in the order determined by the director. The director shall then present the petition, along with the staff report and all recommendations prior to receiving public input on the proposed petition.

C.

Speakers. The chairperson will then call each person who has signed up to speak on the petition in the order in which the persons have signed up to speak, except the applicant who will always speak first. Prior to speaking, the speaker will identify themselves and state their current address. Only those people who signed up to speak prior to the commencement of the hearing shall be entitled to speak, unless a majority of the PC, in its discretion, allows the person to speak to the petition, notwithstanding the failure of the person to sign up prior to the hearing.

D.

Time limits. The applicant shall have a have ten (10) minutes for his presentation. Those in favor of the request shall be allotted ten (10) minutes total to speak. Those in opposition of the request shall be allotted ten (10) minutes total to speak.

E.

Decorum and order. Each speaker shall speak only to the merits of the proposed petition under consideration and shall address his remarks only to the members of the planning commission.

F.

Notification. These procedures shall be available in writing at each hearing.

(Ord. No. 25-01-02, § 1, 1-2-2025)

A.

Public hearing required. No action shall be taken on a proposed variance by the PC without holding a public hearing on the amendment.

B.

For all public hearings. The city shall provide notice to the public consistent with the requirements of this section. Required public notice shall include the following:

1.

Notice sign. The petitioner shall allow the director to post on the subject property a sign giving notice of the hearing.

a.

The sign shall be posted and remain on the property a minimum of at least fifteen (15) days before and no more than forty-five (45) days before the date of the public hearing of the planning commission.

2.

Legal notice. The director shall prepare a legal notice consistent with the requirements of Zoning Procedures Law of the State of Georgia for publication in the local newspaper of general circulation. Legal notices shall include each of the following:

a.

A public hearing will be held giving the date, place, and time of the hearing;

b.

The general location of the subject property;

c.

The street or common address of the real estate;

d.

The project plans are available for examination at the office of the City of McDonough's Community Development Department; and

e.

The written comments on the petition will be accepted prior to the public hearing and may be submitted to the director.

(Ord. No. 25-01-02, § 1, 1-2-2025)

A.

In ruling on any matter herein in which the exercise of discretion is required, or in recommending any application for zoning map amendment the PC shall act in the best interest of the health, safety, and general welfare of the city. In doing so, they shall consider the existing land use pattern and the following factors as they may be relevant to the application:

1.

The existing land use pattern;

2.

The possible creation of an isolated district unrelated to adjacent and nearby districts;

3.

The population density pattern and possible increase or overtaxing load on public facilities including, but not limited to, schools, utilities, and streets;

4.

The cost to the city and other governmental entities in providing, upgrading, expanding, or maintaining public utilities, schools, streets, and other public safety measures;

5.

The possible impact on the environment, including, but not limited to, drainage, soil erosion and sedimentation, flooding, air quality, and water quantity;

6.

Whether the proposed zoning amendment will be a deterrent to the value or improvement of development of adjacent property in accordance with existing regulations;

7.

Whether there are substantial reasons why the property cannot be used in accordance with existing regulations;

8.

The aesthetic effect of existing and future use of the property as it relates to the surrounding area;

9.

The extent to which the proposed zoning amendment is consistent with the land use plan;

10.

The possible effects of the proposed zoning amendment to the character of a zoning district, a particular piece of property, neighborhood, a particular area, or the community;

11.

The relation that the proposed zoning amendment bears to the purpose of the overall zoning scheme, with due consideration given to whether or not the proposed change will help carry out the purposes of these regulations;

12.

Applications for a zoning amendment which do not contain specific site plans carry a rebuttal presumption that such rezoning shall adversely affect the zoning scheme;

13.

The consideration of the preservation of the integrity of residential neighborhoods shall be considered to carry great weight; and

14.

In the instance where a property fronts a major thoroughfare and also adjoins an established residential neighborhood, the factor of preservation of the residential area shall be considered to carry great weight.

B.

After hearing evidence at the hearing, the pc shall apply the standards of review in making their decision to recommend approval; recommend approval subject to stated conditions; or recommend denial. It shall be the duty of the applicant to carry the burden of proof that the proposed zoning amendment promotes the health, safety, or general welfare of the community.

C.

In the event of a tie vote on any matter, "No Recommendation with an Explanation of Why" may be forwarded to the mayor and city council. Additionally, unless an applicant, on the record, consents to an extension of the above time limitation, zoning applications not acted upon by the PC within thirty (30) days of the first presentation to the commission at a public meeting shall be forwarded by director to the mayor and city council with no recommendation from the PC.

(Ord. No. 25-01-02, § 1, 1-2-2025)

A.

In recommending an ordinance to rezone a property from one (1) zoning classification to another, the PC may recommend to the mayor and city council to impose special conditions which are deemed necessary to make the requested zoning acceptable and consistent with the goals and objectives of the city's comprehensive plan or when deemed necessary to protect the health, welfare and safety of the community. Such conditions may include, but are not limited to, the following:

1.

Special setback requirements from any lot line, building setback line or street;

2.

Special frontage requirements along a specific street or more;

3.

Special street access requirements or prohibitions;

4.

Specific or prohibited locations for buildings, parking, loading or storage areas or other structures;

5.

Specific restrictions regarding the nature or scale of permitted uses;

6.

Special screening or landscaping requirements which may include the location, type and maintenance of plant materials, fences, walls, beams or other buffering provisions;

7.

Special height or size requirements for permitted structures;

8.

Special measures to alleviate, mitigate, or prevent undesirable light, glare, noise, dust, air emissions, vibrations or odor;

9.

Special requirements on the design and appearance of buildings and structures;

10.

Any other physical improvement the mayor and city council may deem necessary to achieve the purposes of this title and protect the health, safety and welfare of the community.

B.

Any special condition(s) recommended by the PC as part of a rezoning ordinance is subject to the following and shall:

1.

Be valid only if included in the zoning amendment ordinance as adopted;

2.

Be in full force and effect for a period of time as specified in the zoning amendment ordinance;

3.

Be applied to the property regardless of the identity of the property owner(s) or future owner(s) of the rezoned property as long as the condition(s) are in full force and effect;

4.

Be attached to any site plan submitted to the city for review and approval subsequent to the adoption of the zoning amendment ordinance; and

5.

Be interpreted and enforced in the same manner as any other provision of the zoning ordinance.

(Ord. No. 25-01-02, § 1, 1-2-2025)

A.

The board shall consist of seven (7) members who shall be appointed by the mayor and city council as provided herein.

B.

The membership of the board shall be designated by post, there being one (1) post each for District 1, District 2, District 3, District 4, councilperson-at-large (1), councilperson-at-large (2) and mayor. The board member for each post, and his or her successor, shall be appointed by the mayor or councilperson then holding the respective position on the mayor and city council at the time of the vacancy.

C.

All members shall serve for a term of one (1) calendar year, with the term of every seat commencing on January 1 and terminating on December 31 of the same year. Any vacancies in the membership shall be filled for the unexpired term in the same manner as the initial appointments.

D.

Members shall be reimbursed for reasonable expenses incurred in connection with their official duties and shall receive compensation for their services as determined by the mayor and city council. None of the members shall hold any other public office or position in the municipality, except one (1) member may also be a member of the planning commission.

E.

Members shall be removable for cause by the appointing authority upon written charges and after public hearing. The determination of cause shall be at the sole discretion of the mayor and council.

(Ord. No. 25-01-02, § 1, 1-2-2025)

A.

The BZA shall elect a chairman and a vice-chairman from its members who shall serve for one (1) year or until reelected or until their successors are elected. The board shall appoint a secretary, who shall be an employee of the city. The BZA shall adopt rules and bylaws in accordance with the provisions of this title. Meetings of the BZA shall be held at the call of the chairman, and at such times as the board may determine. The chairman, or in his absence the vice-chairman, may administer oaths and compel the attendance of witnesses by subpoena. All meetings of the board shall be open to the public. The board shall keep minutes of its proceedings, showing the vote of each member upon each question and shall keep records of its examinations and other official actions, all of which shall be immediately filed in the office of the board and shall be a public record.

B.

On all appeals, application and other matters brought before the board of zoning appeals, the board shall inform in writing all parties involved of its decision.

(Ord. No. 25-01-02, § 1, 1-2-2025)

A.

An application for a variance shall be filed with the director at least forty-five (45) days prior to the meeting of the BZA at which it is to be heard. Each application shall be accompanied by a plat drawn to scale containing the following information, in addition to any other pertinent information required by the director:

1.

All property lines with dimensions.

2.

Location of buildings and other structures, creeks and easements referenced to property lines.

3.

North arrow, scale, lot and block numbers and land lot.

4.

Topographic and drainage information if pertinent.

B.

Each application for variance shall be made in two (2) copies and shall specify the conditions and the extent of the variance sought as well as a statement demonstrating compliance with the required criteria for variance set forth below.

C.

If the director determines that the request meets the minimum legal requirements for a variance, then the director shall provide for the scheduling of a hearing by the BZA and give public notice of said hearing in accordance herewith.

D.

The BZA shall conduct the hearing on a properly noticed variance request and render a decision based upon the specific criteria set forth in Section 17.092.025.

E.

The director shall notify the applicant, in writing, of the decision of the BZA.

(Ord. No. 25-01-02, § 1, 1-2-2025)

The BZA shall have the following powers and duties:

A.

Variances. To authorize upon appeal in specific cases such variance from the terms of this title as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of the title will in an individual case, result in practical difficulty or unnecessary hardship, so that the spirit of the title shall be observed, public safety and welfare secured, and substantial justice done. A variance may be granted in an individual case of unnecessary hardship upon a finding by the board of zoning appeals that the following conditions exist:

1.

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

2.

A literal interpretation of the provisions of this title would deprive the applicant of rights commonly enjoyed by other properties of the district in which the property is located;

3.

Granting the variance requested will not confer upon the property of the applicant any special privileges that are denied to other properties of the district in which the applicant's property is located;

4.

The requested variance will be in harmony with the purpose and intent of this title and will not be injurious to the neighborhood or to the general welfare;

5.

The variance requested is the minimum variance that will make possible the legal use of the land, building or structure;

6.

The variance is not a request to permit the use of land, buildings, or structures, which are not permitted by right in the district involved.

B.

Administrative review. To hear and decide appeals where it is alleged there is an error in any order, requirement, decision or determination made by the director in the enforcement of this title.

(Ord. No. 25-01-02, § 1, 1-2-2025)

A.

The zoning board of appeals shall have the authority to authorize upon application in specific cases a variance from the terms of this ordinance [title] such as will not be contrary to the public interest, where, owing to special conditions, a literal enforcement of the provisions of this ordinance [title] will result in unnecessary hardship, but where the spirit of the ordinance shall be observed, and substantial justice done. No variance shall be authorized unless the board finds that all of the following conditions exist:

1.

That the special circumstances or conditions applying to the building or land in question are peculiar to such premises and do not apply generally to other land or buildings in the vicinity.

2.

That the granting of the application is necessary for the preservation and enjoyment of a property right and not merely to serve as a convenience to the applicant.

3.

That the condition from which relief or a variance is sought did not result from action by the applicant.

4.

That the authorization of the variance will not impair an adequate supply of light and air to adjacent property or unreasonably increase the congestion in public streets, or increase the danger of fire, or imperil the public safety, or unreasonably diminish or impair established property values within the surrounding areas, or in any other respect impair the health, safety, comfort, or general welfare of the residents of the city.

5.

That the granting of the variance will not allow a structure or use in a district restricted against such structure or use.

(Ord. No. 25-01-02, § 1, 1-2-2025)

A.

Public hearing required. No action shall be taken on a proposed variance by the BZA without holding a public hearing on the amendment.

B.

For all public hearings. The city shall provide notice to the public consistent with the requirements of this section. Required public notice shall include the following:

1.

Notice sign. The petitioner shall allow the director to post on the subject property a sign giving notice of the hearing.

a.

The sign shall be posted and remain on the property a minimum of at least fifteen (15) days before and no more than forty-five (45) days before the date of the public hearing of the BZA.

2.

Legal notice. The director shall prepare a legal notice consistent with the requirements of Zoning Procedures Law of the State of Georgia for publication in the local newspaper of general circulation. Legal notices shall include each of the following:

a.

A public hearing will be held giving the date, place, and time of the hearing;

b.

The general location of the subject property;

c.

The street or common address of the real estate;

d.

The project plans are available for examination at the office of the City of McDonough's Community Development Department; and

e.

The written comments on the petition will be accepted prior to the public hearing and may be submitted to the director.

(Ord. No. 25-01-02, § 1, 1-2-2025)

A.

In exercising its powers, the BZA may, in conformity with the provisions of this title, reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination, and to that end shall have all of the powers of the director and may issue or direct the issuance of a building permit.

B.

Four (4) members shall constitute a quorum. The concurring vote of four (4) members of the board shall be necessary to reverse or modify any order, requirement, decision, or determination of the director, or to decide in favor of the applicant on any matter upon which it is required to pass under this title or to affect any variation of this title.

(Ord. No. 25-01-02, § 1, 1-2-2025)

The BZA shall under no circumstances grant a use variance or take any action to establish a use on any property within its jurisdiction that is neither a listed permitted use nor a listed conditional use in the district in which it is located as established by article B of this chapter [sic].

(Ord. No. 25-01-02, § 1, 1-2-2025)

If the decision of the BZA is to deny the variance, then the same property may not again be considered for the same variance until the expiration of at least one (1) year immediately following such denial or a reapplication that is considered significantly different from the original by the director.

(Ord. No. 25-01-02, § 1, 1-2-2025)

A variance may cease to be authorized and terminated with proper public notification, public hearing, and approval by the board of zoning appeals if construction has not been completed and approved within six (6) months of the date the variance is granted.

(Ord. No. 25-01-02, § 1, 1-2-2025)

The decisions of the BZA are final and any appeal shall be filed within the Henry County Clerk of Superior Courts.

(Ord. No. 25-01-02, § 1, 1-2-2025)

It is the intent of this chapter that all questions arising in connection with the administration and enforcement of this title shall be presented first to the director. If the applicant does not agree with the decision of the director, such questions shall be presented to the BZA only on appeal of the decision of the director.

The following procedure shall apply to all appeals from decisions of the director;

A.

Application. The petitioner or representative to the applicant shall submit an application for the appeal of the decision of the director and required supportive information within fifteen (15) calendar days of the decision. Supportive information shall include, but not be limited to, the following:

1.

Copies of all materials submitted to the director or administrative board upon which the decision being appealed was based.

2.

Copies of any written decisions which are the subject of the appeal.

3.

A letter describing the reasons for the appeal noting specific sections of this ordinance [title], Georgia State Code, or other standard applicable to the City of McDonough upon which the appeal is based.

B.

Notification. Notification for the scheduled public hearing regarding the appeal from decisions of the director shall be compliance with state law. Any required signs shall state the time, place, purpose of the hearing, and the location of the property.

C.

Public hearing. The BZA will then, in a public hearing, review the application the appeal of the decision of the director and supportive information.

1.

The applicant and their representative(s) must be present at the public hearing to present the appeal and address any questions from the BZA.

2.

The BZA shall consider a report from the director, testimony from the applicant, and testimony from any interested parties at the hearing.

3.

The presentation of reports and testimony and all other aspects of the public hearing shall be consistent with the requirements of the BZA.

4.

The BZA may grant, grant with modifications, deny, or table the appeal.

a.

The appeal may be approved if findings of fact are made consistent with the requirements of this ordinance [title] and Georgia State Code.

5.

The appeal may be granted with modifications if the BZA determines that the proper interpretation of the provision(s) which are the subject of the appeal is not consistent with either the decision from the director or the requested interpretation of the applicant.

a.

The appeal may be denied if findings of fact are made supporting the decision from the director.

b.

The appeal may be tabled if more information is needed for review.

(Ord. No. 25-01-02, § 1, 1-2-2025)

This title, including the zoning map, may from time to time be amended by the mayor and city council.

(Ord. No. 25-01-02, § 1, 1-2-2025)

A.

A petition to amend the zoning ordinance or zoning map may be initiated by:

1.

The mayor and city council;

2.

The community development department;

3.

The planning commission;

4.

Any person, firm, corporation or agency, having an ownership interest in the property involved in petition for amendment.

B.

Information to be provided. An application for rezoning, except those proposed by city, shall be accompanied by a filing fee, a city issued application form, and the application requirements listed below. The complete application shall be filed with the director at least thirty (30) days prior to the date of the pc meeting at which the applicant wishes the application to be considered. The director may vary the deadline by up to seven (7) days provided the director determines that all advertisement and notice requirements will not be compromised.

In addition to the filing fee and the city issued application form, a non-governmental initiated application for rezoning shall contain the following:

1.

A legal description of the land area which is the subject of the proposed amendment;

2.

A stamped survey plat of the land area (created within one (1) year of the application's submittal) by a registered land surveyor. The plat shall meet the requirements of the Georgia Plat Act and shall show the current zoning as well as the present zoning classification of all abutting properties;

3.

A conceptual site plan depicting the proposed use of the property which shall include:

a.

A correct scale and north arrow;

b.

A letter of intent outlining the proposed use and improvements to the property;

c.

The proposed location and gross square footage of all proposed buildings;

d.

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

e.

Required yard setbacks appropriately dimensioned;

f.

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

g.

Location and elevation of the 100-year floodplain on the property subject of the proposed zoning;

h.

Approximate locations of proposed loading and unloading areas;

i.

Approximate locations of any proposed structures;

j.

Location and acreage of all major utility easements;

k.

For each residential use, the number of dwelling units to be allowed by type of structure (single-family detached, duplex, triplex, quadplex, townhouse, multifamily, etc.). Multifamily apartment areas should feature a list of the proposed units by number of bedrooms; and

l.

For each office/institutional, commercial and industrial area the approximate location, maximum height and maximum square footage of each major structure (also, the proposed uses to be allowed in each area).

4.

Additionally, at least two (2) copies of the conceptual site plan shall be submitted with the rezoning application. Site plans shall be scaled to maximize clarity of the project but shall not exceed one (1) inch = one hundred (100) feet unless otherwise approved by the director.

(Ord. No. 25-01-02, § 1, 1-2-2025)

All proposed applications for rezoning, except those proposed by the mayor and city council shall be transmitted to the director for study and recommendation by the city's planning staff and the planning commission. The director shall circulate the application and/or appropriate materials regarding said application to those agencies, departments and/or entities of government which the administrator deems to be appropriate for solicitation of comments.

(Ord. No. 25-01-02, § 1, 1-2-2025)

A.

Proposed amendments to the zoning ordinance or zoning map shall be reviewed by the PC at the soonest available meeting of the PC. At this meeting, the PC shall meet and review each application. The PC meeting shall be a public hearing with advertisements and property postings as required by this code and the State of Georgia. The PC shall allow comments from the applicant and any interested individual present during the meeting.

B.

The action by the PC shall be one (1) of the following:

1.

Recommend approval;

2.

Recommend approval subject to stated conditions; or

3.

Recommend denial.

C.

In the event of a tie vote on any matter, a "No Recommendation with an Explanation of Why" may be forwarded to the mayor and city council. Additionally, unless an applicant, on the record, consents to an extension of the above time limitation, zoning applications not acted upon by the PC within thirty (30) days of the first presentation to the commission at a public meeting shall be forwarded by the city staff to the mayor and city council with no recommendation from the PC.

(Ord. No. 25-01-02, § 1, 1-2-2025)

A.

The provisions of this section shall apply to public hearings by the mayor and city council, and, where applicable, to the planning commission and the board of zoning appeals on all petitions for all actions under this chapter.

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 copy of the minutes of the proceedings, they shall make arrangement for and bear the cost of such.

2.

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

3.

Before comments and concerns of the public have been heard, the hearing body may thereupon request a report from officers or agents of the city.

4.

The mayor shall allow the applicant to make a presentation, not to exceed ten (10) minutes. The mayor shall then allow those individuals in support of or in opposition to the petition to speak. The mayor and city council may adopt policies that limit the time of responses for the orderly conduct of the meeting. If it appears that the number of individuals wishing to appear in support of or in opposition to the petition are in excess of that which may be reasonably heard, the presiding officer may request that a spokesperson for the group(s) be chosen so that the entire presentation of the positions of those in support of or in opposition to the petition shall not exceed twenty (20) minutes.

5.

The applicant for the zoning amendment shall be allowed a short opportunity for rebuttal and final comment, the length of which shall not exceed ten (10) minutes.

6.

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

7.

The body may either vote upon the proposed change or may delay their vote to a subsequent meeting.

(Ord. No. 25-01-02, § 1, 1-2-2025)

A.

In ruling on any matter herein in which the exercise of discretion is required, or in ruling upon any application for zoning map amendment the mayor and city council shall act in the best interest of the health, safety, and general welfare of the city. In doing so, they shall consider the existing land use pattern and the following factors as they may be relevant to the application:

1.

The existing land use pattern;

2.

The possible creation of an isolated district unrelated to adjacent and nearby districts;

3.

The population density pattern and possible increase or overtaxing load on public facilities including, but not limited to, schools, utilities, and streets;

4.

The cost to the city and other governmental entities in providing, upgrading, expanding, or maintaining public utilities, schools, streets, and other public safety measures;

5.

The possible impact on the environment, including, but not limited to, drainage, soil erosion and sedimentation, flooding, air quality, and water quantity;

6.

Whether the proposed zoning amendment will be a deterrent to the value or improvement of development of adjacent property in accordance with existing regulations;

7.

Whether there are substantial reasons why the property cannot be used in accordance with existing regulations;

8.

The aesthetic effect of existing and future use of the property as it relates to the surrounding area;

9.

The extent to which the proposed zoning amendment is consistent with the land use plan;

10.

The possible effects of the proposed zoning amendment to the character of a zoning district, a particular piece of property, neighborhood, a particular area, or the community;

11.

The relation that the proposed zoning amendment bears to the purpose of the overall zoning scheme, with due consideration given to whether or not the proposed change will help carry out the purposes of these regulations;

12.

Applications for a zoning amendment which do not contain specific site plans carry a rebuttal presumption that such rezoning shall adversely affect the zoning scheme;

13.

The consideration of the preservation of the integrity of residential neighborhoods shall be considered to carry great weight; and

14.

In the instance where a property fronts a major thoroughfare and also adjoins an established residential neighborhood, the factor of preservation of the residential area shall be considered to carry great weight.

B.

After hearing evidence at the zoning hearing, the mayor and city council shall apply the standards of review in making their decision. It shall be the duty of the applicant to carry the burden of proof that the proposed zoning amendment promotes the health, safety, or general welfare of the community.

C.

If the mayor and city council determine from the evidence presented by the applicant has shown that the proposed zoning amendment promotes the health, safety, and general welfare of the community under the standards of review, then the application may be granted, subject to those reasonable conditions as may be imposed by the mayor and city council pursuant to Section 17.92.046. Otherwise, such application shall be denied.

(Ord. No. 25-01-02, § 1, 1-2-2025)

A.

In adopting an ordinance to rezone a property from one (1) zoning classification to another, the pc may recommend to the mayor and city council to impose special conditions which are deemed necessary to make the requested zoning acceptable and consistent with the goals and objectives of the city's comprehensive plan or when deemed necessary to protect the health, welfare and safety of the community. Such conditions may include, but are not limited to, the following:

1.

Special setback requirements from any lot line, building setback line or street;

2.

Special frontage requirements along a specific street or more;

3.

Special street access requirements or prohibitions;

4.

Specific or prohibited locations for buildings, parking, loading or storage areas or other structures;

5.

Specific restrictions regarding the nature or scale of permitted uses;

6.

Special screening or landscaping requirements which may include the location, type and maintenance of plant materials, fences, walls, beams or other buffering provisions;

7.

Special height or size requirements for permitted structures;

8.

Special measures to alleviate, mitigate, or prevent undesirable light, glare, noise, dust, air emissions, vibrations or odor;

9.

Special requirements on the design and appearance of buildings and structures;

10.

Any other physical improvement the mayor and city council may deem necessary to achieve the purposes of this title and protect the health, safety and welfare of the community.

B.

Any special condition(s) approved by the mayor and city council as part of a rezoning ordinance is subject to the following and shall:

1.

Be valid only if included in the zoning amendment ordinance as adopted;

2.

Be in full force and effect for a period of time as specified in the zoning amendment ordinance;

3.

Be applied to the property regardless of the identity of the property owner(s) or future owner(s) of the rezoned property as long as the condition(s) are in full force and effect;

4.

Be attached to any site plan submitted to the city for review and approval subsequent to the adoption of the zoning amendment ordinance; and

5.

Be interpreted and enforced in the same manner as any other provision of the zoning ordinance.

(Ord. No. 25-01-02, § 1, 1-2-2025)

A request for amendment may be withdrawn at any time prior to a decision by the mayor and city council, provided the withdrawal is in writing and signed by the person(s) who initiated the amendment.

(Ord. No. 25-01-02, § 1, 1-2-2025)

A.

Public hearing required. No action shall be taken on a proposed variance by the BZA without holding a public hearing on the amendment.

B.

For all public hearings. The city shall provide notice to the public consistent with the requirements of this section. Required public notice shall include the following:

1.

Notice sign. The petitioner shall allow the director to post on the subject property a sign giving notice of the hearing.

a.

The sign shall be posted and remain on the property a minimum of at least fifteen (15) days before and no more than forty-five (45) days before the date of the public hearing of the mayor and city council.

2.

Legal notice. The director shall prepare a legal notice consistent with the requirements of Zoning Procedures Law of the State of Georgia for publication in the local newspaper of general circulation. Legal notices shall include each of the following:

a.

A public hearing will be held giving the date, place, and time of the hearing;

b.

The general location of the subject property;

c.

The street or common address of the real estate;

d.

The project plans are available for examination at the office of the City of McDonough's Community Development Department; and

e.

The written comments on the petition will be accepted prior to the public hearing and may be submitted to the director.

(Ord. No. 25-01-02, § 1, 1-2-2025)

A.

Minor change. The director shall have the authority to approve minor changes to conditions attached to an approved zoning amendment. Minor changes are those that implement only slight alterations to the approved conditions, made necessary by actual field conditions at the time of development, that do not alter the impact of the development on nearby properties, nor the intent or integrity of the conditions as originally imposed. Any request for a minor change of conditions shall be made in writing or by email to the director. If an approved site plan exists, the request for a minor change shall be accompanied by copies of the revised site plan.

B.

Major change. Any major change to conditions attached to an approved zoning amendment shall require an application and hearing before the planning commission and the mayor and city council. Without limiting the meaning of the phrase, the following shall be deemed to constitute "major change" for purposes of interpreting this section:

1.

The movement of any building or structure adjacent to an exterior boundary line closer to the boundary line of the property;

2.

Any increase in the number of dwelling units or any increase in the total amount of floor space of any nonresidential building;

3.

Any change in any buffer requirement(s) imposed in the original conditional zoning amendment;

4.

Any increase in the height of any building or structure; or

5.

Any change in the proportion of floor space devoted to different authorized uses.

(Ord. No. 25-01-02, § 1, 1-2-2025)

A.

If the mayor and city council deny a land use amendment, then the same property may not be reconsidered for a land use amendment for at least one (1) year. If the applicant wants to reapply sooner than one (1) year, the applicant must submit a new application that is considered significantly different from the original by the director.

B.

At any time, the mayor and city council may initiate a land use petition on property which was previously rezoned. However, a six-month waiting period based on the date of the final council action is required when a rezoning request was previously denied.

(Ord. No. 25-01-02, § 1, 1-2-2025)

A.

Upon the expiration of one (1) year from the date of approval for a zoning amendment for which the development has been abandoned (abandonment shall be deemed to have occurred when no, or minimal, improvements have been made), the mayor and city council may rezone the property to the previous zoning district or any other zoning classification with proper public notice and action as described by this ordinance [title].

B.

Upon abandonment of a development, the director shall contact the property owner after the expiration of one (1) year to inquire about the status of the development. Prior to the public hearing, the owner may provide the director with any documentation to be considered by the mayor and city council. If documentation is provided, the mayor and city council shall pay reasonable consideration to the following occurrences:

1.

Substantial monetary value placed into the development of the land,

2.

A delay resulting from court action involving the property in question,

3.

Non-availability of utilities or facilities resulting from government inaction, and

4.

A delay in development resulting from receiving permitting and proper approval from a federal or state agency.

(Ord. No. 25-01-02, § 1, 1-2-2025)

The City of McDonough and the director of community development are designated to enforce the provisions, regulations, and intent of this code. All remedies and enforcement shall comply with the powers set forth in all applicable State of Georgia laws.

(Ord. No. 25-01-02, § 1, 1-2-2025)

Complaints made pertaining to this code shall be investigated by the director. Action may or may not be taken depending on the findings.

(Ord. No. 25-01-02, § 1, 1-2-2025)

Investigations of property may be done from a right-of-way without permission of the property owner, or adjacent property (with permission), or from the property suspected of a violation once he/she has presented sufficient evidence of authorization and described the purpose of the inspection to the owner, tenant, or occupant at the time of the inspection and consent of the owner is obtained.

In the event that entry to the subject property is denied, the director may apply to the municipal court to invoke legal, applicable, or special remedy for the inspection of property and enforcement of this code or any applicable codes adopted under State Code. The application shall include the purpose, violation(s) suspected, property address, owner's name if available, and all relevant facts. Additional information may be necessary as requested by the court.

(Ord. No. 25-01-02, § 1, 1-2-2025)

The owner of any property or building, or part thereof, shall be responsible for the violation. Architects, builders, developers, or agents thereof may also be held responsible for the violation if evidence of their involvement or negligence is found. Ultimately, if fault is not clearly found in whole or in part in persons other than the owner, the owner shall be held responsible in whole or in part as warranted by the findings of the director.

(Ord. No. 25-01-02, § 1, 1-2-2025)

The following items shall be deemed civil zoning violations, enforceable by the community development director. Penalties may be imposed based on the provisions set forth in this article.

A.

The placement or erection of a primary structure, accessory structure, sign, or any other element determined to not conform to the provisions or explicit intent of this code;

B.

The maintenance of a primary structure, accessory structure, sign, or any other element determined to not conform to the provisions or explicit intent of this code;

C.

Failure to obtain a building permit when required by this code;

D.

Conducting a use or uses that do not comply with the provisions or explicit intent of this code;

E.

Any failure to comply with the development standards and/or any regulations of this code;

F.

Proceeding with work under a stop-work-order or a violation of a memorandum of agreement; and

G.

Any failure to comply with commitments or conditions made in connection with a rezoning, conditional use, variance or other similar conditioned commitment made by the mayor and city council.

(Ord. No. 25-01-02, § 1, 1-2-2025)

There shall be a three-step procedure for violations of this code. These steps are as follows:

A.

The director shall issue a notice of violation to the person(s) who has committed, in whole or in part, a violation. The notice of violation is a warning to the violator(s) that a violation has been determined and that it must be corrected within fifteen (15) days of the mailing date or posting of notice. The violator will have the opportunity to respond prior to the imposition of a penalty and further rights as provided in this code.

B.

The director shall issue a notice of fines and penalties to the person(s) who have committed, in whole or in part, a violation. The notice of fines and penalties is a citation that states the fines and penalties for the violation. The person(s) in violation will have fifteen (15) days to pay said fines and/or comply with the penalties. The person(s) in violation must correct the violation within fifteen (15) days or face additional notices of fines and penalties.

C.

If the person(s) in violation refuses to pay or comply with the penalties, or correct the violation, after notice has been given, the department of community development and/or City of McDonough may pursue court action through the municipal court. Fines and liens against the property may also be pursued until the matter is resolved.

(Ord. No. 25-01-02, § 1, 1-2-2025)

Any violation of this code which presents an immediate risk to the health, safety, or welfare of the City of McDonough may be corrected by the director without prior notice to the property owner or other person responsible for the violation.

A.

Immediate public risk violations shall include:

1.

Signs, structures, landscaping or other materials placed in a public right-of-way, easement, or sight visibility triangle in violation of this code.

2.

Any sign, structure, landscaping, or other material located on private property which serves to distract or inhibit operators of motor vehicles on adjacent public streets, pedestrians, or other members of the general public.

3.

Any other immediate threat to public welfare as determined by the community development director, city police department, city fire department, and/or other city departments.

B.

The director shall provide notice to the owner of the property upon which the violation was located, or any discernible appropriate owner of materials placed within the right-of-way in violation of this code, by either placing a notice in a conspicuous place on the property or by letter.

1.

The notice shall be sent to the property owner via certified mail within twenty-four (24) hours of the seizure.

2.

The notice shall include the following:

a.

A description of the materials seized;

b.

A citation of the sections of the Code which were violated and the characteristics of the violation which posed an immediate threat to public welfare;

c.

The address and phone number of the department of community development and the name of the person to be contacted by the property owner to discuss the violation and request the return of the seized item; and

d.

Instructions describing how, where, and when the items seized may be claimed.

D.

The director shall store any sign, structure, landscape materials or other items seized in a secure location for a period of no less than thirty (30) days from the date notice was provided to the property owner. The property owner may claim the seized property at any time following its seizure upon the payment of a twenty-five dollar ($25.00) fine and the establishment of a memorandum of agreement between the property owner and director regarding the future use of the item in a manner consistent with this code.

E.

Neither the community development director, the building inspector, nor any other official or entity involved in the seizure shall be liable for any damage to the seized item or the property from which it was taken.

(Ord. No. 25-01-02, § 1, 1-2-2025)

Any person, firm, partnership, corporation or other entity found to be in violation of this Title 17 shall be punishable by a fine as allowed by Section 9.12 of the Charter. The community development director, by mandatory injunction in the city municipal court against the owner or possessor of the real estate, may require the removal of a structure erected in violation of this code, or the removal of any use or condition in violation of this code.

A.

Monetary fines may be imposed for each civil violation determined upon a single inspection. Fines shall be assessed for each day that the violation is present following the provision of any notice of violation to the property owner or other responsible party.

B.

No fine for any single violation shall exceed one thousand dollars ($1,000.00) per day.

(Ord. No. 25-01-02, § 1, 1-2-2025)

A.

any person receiving a notice of violation and/or fines and penalties may appeal the violation and/or fine to the city municipal court. A written statement from the person in violation, giving notice of the filing of an action with a court, shall be submitted to the director via certified mail at least three (3) days prior to the date any fine is due.

B.

Fines due will be postponed until the court of jurisdiction have made a ruling as to the violation and/or fine. Failure to meet these deadlines will reinstate all fines due by the person(s) in violation.

C.

No additional notices will be issued by the director if the person(s) in violation has (have) submitted an appeal or notice of court review.

(Ord. No. 25-01-02, § 1, 1-2-2025)

The community development director may bring an action in the City Municipal Court to evoke any legal, equitable, or special remedy, for the enforcement of any code or regulation, and its subsequent amendments.

(Ord. No. 25-01-02, § 1, 1-2-2025)

If the city or any other lawfully constituted state or federal governmental authority, agency or body or utility having the authority of eminent domain condemns or acquires property in the city, and, as the sole result of such condemnation or acquisition, any nonconformity is created in setback lines, required lot size, density, or parking regulations, the director shall be authorized to grant such administrative variances as are necessary to bring any structure, sign (including a sign as may be relocated in accordance with the signage regulations of the City Code), building or property into conformance upon receipt of a properly documented request, to remain as it exists at the time of condemnation or acquisition. The director shall be required to maintain records which support the basis for granting such variance. Any variance granted under this section shall only apply to the current zoning district and existing structure, sign or use such that if there is any legally existing nonconformity, the same is not unduly expanded in degree.

(Ord. No. 25-01-02, § 1, 1-2-2025)