The city council may from time to time amend the number, shape, boundary or area of any zoning district, or may amend any regulation pertaining to any district; or may amend any article or section of this chapter. The procedure for adopting a new zoning ordinance and for amending the ordinance from which this chapter is derived and zoning map shall be as provided in this chapter.

(Ord. No. 212, § 1, 6-14-1993)

A petition to amend the text of these zoning regulations or the official zoning map may be initiated by the city council, the planning commission, or any person, firm, corporation or agency that owns property involved in a petition for amendment, subject to the provisions established herein.

(Ord. No. 212, § 2, 6-14-1993)

(a)

The city council or the planning commission may at any time file, in its own name, an application for amendment to the text of the zoning regulations or the official zoning map, except that if a zoning decision of the city council is for the rezoning of property and the amendment to the ordinance from which this chapter is derived and zoning map to accomplish the rezoning is defeated by the city council, then the same property may not again be considered for rezoning until the expiration of at least six months immediately following the defeat of the rezoning by the city council.

(b)

A property owner or subsequent property owner shall not initiate action for a map amendment, conditional use permit or variance affecting the same or any portion of a parcel of property more often than once every six months from the date of any previous decision rendered by the city council.

(c)

A property owner or subsequent property owner shall not initiate action for a text amendment affecting the same or any portion of property more often than once every 12 months from the date of any previous decision rendered by the city council.

(d)

This section shall not be construed as to limit new applications involving the same property for which the application was made, provided the new application contains substantive differences from the original application as determined by the zoning administrator.

(Ord. No. 212, § 3, 6-14-1993; Amd. No. 212, § 1, 7-11-2005)

(a)

Any petition for an amendment to the text of the zoning regulations or official zoning map may be withdrawn, at the discretion of the person or agency initiating such a request, at any time prior to closing the required public hearing by the city council upon notice to the zoning administrator. If the public hearing before the city council has been completed, withdrawal by the applicant is not permitted. Any required application fees shall be refunded to the applicant only if such application has not been prepared and submitted for advertisement as determined by the zoning administrator.

(b)

Any petition for a variance or conditional use permit may be withdrawn, at the discretion of the person or agency initiating such a request, at any time before the opening of the meeting of the city council where said petition is scheduled to be considered. Application fees for variances and conditional use permits will not be refunded unless withdrawal within five business days is accepted by the zoning administrator.

(Ord. No. 212, § 4, 6-14-1993)

(a)

Application materials specified in this section shall be required for the following petitions:

(1)

Amendments to the official zoning map;

(2)

Conditional use permits;

(3)

Variances; and

(4)

Appeals.

(b)

The application materials are as follows:

(1)

An application form furnished by the zoning administrator.

(2)

A legal description of the property to be considered in the application. The legal description shall be by metes and bounds unless an alternative legal description (such as a tax plat map) is accepted by the zoning administrator. Boundary surveys of the property should be submitted with the application whenever available.

(3)

A letter of intent which describes general characteristics of the proposed development such as type and timeframe of development, background information in support of such application, and any other information deemed pertinent by the applicant. For variance applications, the letter of intent shall address the criteria specified in section 54-29. For zoning map amendment applications, the letter of intent shall address the standards specified in section 54-27. For conditional use permit applications, the letter of intent shall address the standards specified in section 54-28.

(c)

Applications for variances, conditional use permits and map amendment to commercial or industrial zoning districts shall require a site plan with all information specified. Unless otherwise noted in the approval, the site plan submitted in support of an approved application shall be considered a part of the approval and must be followed.

(d)

A fee for said application as established by the city council from time to time.

(e)

Applications which require action by the city council shall also require disclosure of any conflicts of interest as specified in O.C.G.A. ch. 67A, entitled "Conflict of Interest in Zoning Actions."

(f)

Applicants shall submit 15 copies of any required site plans and letters of intent to the zoning administrator for distribution to the applicable bodies and/or review agencies. The zoning administrator may require more or less copies depending on the nature and extent of required review.

(Ord. No. 212, § 5, 6-14-1993)

All site plans required by this chapter shall, at a minimum, contain the following information:

(1)

Title of the proposed development and the name, address and telephone number of the property owner.

(2)

The name, address and telephone number of the architect, engineer or other designer of the proposed development.

(3)

Scale, date, north arrow, and general location map showing relationship of the site to streets or natural landmarks.

(4)

Boundaries of the subject property, all existing and proposed streets, including right-of-way and street pavement widths; buildings; watercourses; parking and loading areas; and other physical characteristics of the property and proposed development.

(Ord. No. 212, § 6, 6-14-1993)

(a)

The applicant, zoning administrator, planning commission and city council should review an application for zoning map amendment with regard to the following criteria:

(1)

The existing uses and zoning of nearby property and whether the proposed zoning will adversely affect the existing use or usability of nearby property.

(2)

The extent to which property values are diminished by the particular zoning restrictions.

(3)

The extent to which the destruction of property values promotes the health, safety, morals or general welfare of the public.

(4)

The relative gain to the public, as compared to the hardship imposed upon the individual property owner.

(5)

The physical suitability of the subject property for development as presently zoned and under the proposed zoning district.

(6)

The length of time the property has been vacant, considered in the context of land development in the area in the vicinity of the property, and whether there are existing or changed conditions affecting the use and development of the property which give supporting grounds for either approval or disapproval of the rezoning request.

(7)

The zoning history of the subject property.

(8)

The extent to which the proposed zoning will result in a use which will or could cause excessive or burdensome use of existing streets, transportation facilities, utilities, schools, parks, or other public facilities.

(9)

Whether the zoning proposal is in conformity with the policy and intent of the comprehensive plan, land use plan, or other adopted plans.

(b)

The zoning administrator, planning commission and city council may consider other factors deemed relevant before formulating recommendations and taking action on a particular request.

(Ord. No. 212, § 7, 6-14-1993)

(a)

The applicant, zoning administrator, planning commission and city council should review applications for conditional uses with regard to the following criteria:

(1)

Off-street parking and loading facilities are adequate in terms of location, amount and design to serve the use.

(2)

The number, size and type of signs proposed are compatible with the surrounding area.

(3)

The amount and location of open space and the provision of screening is such that buffering of incompatible uses is achieved.

(4)

Ingress and egress to the property is suitable and safe, and the effect of the proposed activity on traffic flow along adjoining streets is not adverse.

(5)

The location and intensity of outdoor lighting is such that it does not cast light on adjacent, adjoining or neighboring properties.

(6)

Hours and manner of operation of the proposed use are not inconsistent with adjacent and nearby uses.

(7)

Public facilities and utilities are capable of adequately serving the proposed use.

(8)

The proposed use will not have a significant adverse effect on the level of property values or the general character of adjacent land uses or the general area.

(9)

The physical conditions of the site, including size, shape, topography and drainage, are suitable for the proposed development.

(10)

The proposed use is consistent with the goals and objectives of the city's comprehensive plan.

(b)

The zoning administrator, planning commission and city council may consider other factors deemed relevant before formulating recommendations and taking action on a particular conditional use application.

(Ord. No. 212, § 8, 6-14-1993)

(a)

The city council is hereby empowered to authorize upon application in specific cases such variance from the dimensional requirements of zoning regulations (any provisions requiring a number to be achieved, such as height in feet, setback, lot area, lot width, parking and loading requirements, etc.) as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of these regulations will in an individual case, result in unnecessary hardship, so that the spirit of these regulations shall be observed, public safety and welfare secured, and substantial justice done. The existence of a nonconforming use of neighboring land, buildings or structures in the same zoning district or of permitted or nonconforming uses in other districts shall not constitute a reason for the requested variance. A variance may be granted in an individual case of unnecessary hardship, after appropriate application in accordance with section 54-25, upon specific findings that all of the following conditions exist. The absence of any one of the conditions shall be grounds for denial of the application for variance.

(1)

There are extraordinary and exceptional conditions pertaining to the particular piece of property in question because of its size, shape or topography that are not applicable to other land or structures in the same district;

(2)

A literal interpretation of the provisions of these zoning regulations would create an unnecessary hardship and would deprive the applicant of rights commonly enjoyed by other property owners within 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)

Relief, if granted, will be in harmony with the purpose and intent of these regulations and will not be injurious to the neighborhood or general welfare in such a manner as will interfere with or discourage the appropriate development and use of adjacent land and buildings or unreasonable affect their value;

(5)

The special circumstances are not the result of the actions of the applicant;

(6)

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

(7)

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

(b)

A variance shall not be granted in cases where the requested relief to the property owner can be remedied by a change to a zoning district which otherwise would not require a variance.

(Ord. No. 212, § 9, 6-14-1993)

(a)

The city council is empowered to hear and decide appeals where it is alleged there is an error in any order, requirement, decision or determination made by the zoning administrator in the interpretation or enforcement of these zoning regulations.

(b)

The city council is empowered to hear an appeal made by any person, firm, or corporation, or by any officer, department, board, or bureau affected by any decisions of the planning commission or zoning administrator based on this chapter.

(c)

This section shall not be construed as permitting an appeal of the city council's denial of a rezoning request or conditional use, the appropriate remedy of which would be suit in county superior court.

(d)

The appeal shall be taken within 30 days, or as provided by the rules of the city council, by filing with the zoning administrator notice of appeal specifying the grounds thereof. All papers constituting the record upon which the action appealed from was taken shall forthwith be transmitted to the city council.

(e)

The city council shall select a reasonable time and place for the hearing of the appeal and give at least 15 days of public notice thereof and due notice to the parties in interest and shall render a decision on the appeal within a reasonable time.

(Ord. No. 212, § 10, 6-14-1993)

In exercising the powers to grant variances, zoning map amendments and conditional use approvals, the zoning administrator and planning commission may recommend, and the city council may attach any conditions to its approval which it finds necessary to render the proposed zoning district, conditional use or variance compatible with adjacent and nearby properties and land uses. Applications to alter or modify any such conditions shall be considered only after compliance with procedures and notice requirements as established in this chapter, for the particular type of application.

(Ord. No. 212, § 11, 6-14-1993)

(a)

This section shall apply only to adoption of a new zoning ordinance, applications for amendments to the text of the zoning regulations, and amendments to the official zoning map. Public notice and public hearing shall not be required for applications for variances and conditional use permits.

(b)

Upon receipt of a completed application, fees and other information required by this chapter, the zoning administrator shall cause notice of such application to be published at least one time in a newspaper of general circulation in the community at least 15 days but not more than 45 days prior to the date of the public hearing before the city council. Said published notice shall include, as a minimum, the purpose, location, date and time of the public hearing before the city council, the location of the property being considered, the present zoning classification of the property, and the proposed zoning district. The zoning administrator shall also cause to have posted in a conspicuous place on said property one or more signs, each of which shall contain the information specified for published notices. The public hearing before the city council shall not take place until said signs have been posted for a least 15 days but not more than 45 days prior to the date of the public hearing before the city council. Posting of signs shall not be required for appeals, since an appeal only applies to interpretation of zoning regulations which apply to all similarly situated properties.

(c)

The planning commission shall not be required to hold a public hearing on any matter, although at its discretion it may hold a public hearing during the regular meeting at which said application is to be considered.

(d)

Public hearings may be delayed, rescheduled or continued at another time and date, provided announcement is given at the time and place of the initially scheduled and advertised public hearing, and provided such date, time and location of the public hearing to be delayed, rescheduled or continued is announced. In cases where the planning commission has exercised its option to table an application, the advertised public hearing before the city council shall nevertheless be held at the time and date the hearing was advertised.

(Ord. No. 212, § 12, 6-14-1993)

(a)

Upon receiving notice from the zoning administrator or designee of completed applications for amendment to the official zoning map, the applicant shall provide written notice of the application, including all information for published notices specified in Section 54-32, by certified mail at least 15 days but not more than 45 days prior to the date of public hearing before the city council, to all property owners with land adjoining the subject property, including those across public rights-of-way. Said written notices shall be mailed to the address of the current property owner of adjoining land as indicated on the current tax rolls of the city and county. Said adjacent addresses of property owners shall be derived from a list generated by the city staff and provided to the applicant. Copies of said written notice and postage receipts in the official zoning application file shall be considered sufficient evidence that the applicant has satisfied this notification when copies of the notices and postage receipts are submitted to the city ten days prior public hearing. The failure to receive the written notice by a property owner shall not be considered a violation of due process notification requirements.

(b)

The zoning administrator may require the applicant, at his discretion, to provide written notices in accordance with subsection (a) above, to property owners adjoining property which is the subject of a variance application or conditional use, where in the zoning administrator's opinion adjoining property owners may be affected by the variance or conditional use requested. The written notices shall be by certified mail at least 15 days but not more than 45 days prior to the date of hearing before the city council, to all property owners with land adjoining the subject property, including those across public rights-of-ways. Written notices to adjoining property owners in variance or conditional use applications shall not be considered a mandated due process requirement.

(Ord. No. 212, § 13, 6-14-1993; Ord. No. 2020-CO-11-806, § 2, 2-8-2021)

The zoning administrator may, as appropriate, customarily submit to the planning commission and city council, prior to a scheduled meeting or public hearing, copies of the site plan and letter of intent along with a written recommendation for approval, disapproval, deferral, withdrawal or other recommendation. Said recommendation shall include adequate justification, considered within the context of the appropriate criteria as specified by this chapter. The recommendations of the zoning administrator shall have an advisory effect only and shall not be binding on the city council. Copies of the zoning administrator's recommendations shall be made available to the applicant and other interested parties upon completion and distribution to the planning commission and city council.

(Ord. No. 212, § 14, 6-14-1993)

(a)

Prior to the meeting or public hearing held by the city council, the planning commission shall hold a meeting to consider any zoning ordinance and all applications for amendment to the text of the zoning regulations, amendments to the official zoning map and conditional use applications.

(b)

After completing its studies of the particular petition, the planning commission shall submit a recommended action in writing to the city council. The recommended action shall be in the form of "Recommend approval as submitted," "Recommend approval with conditions" or "Recommend denial of the application request." In no case shall the planning commission defer or table a completed application request duly placed on the agenda. If any application request does not receive a majority vote after three motions, the application will be automatically forwarded to the council with a "No Recommendation" from the planning commission. In the event the planning commission does not have a quorum of members in attendance at its regularly scheduled meeting, all items on the agenda will automatically be forwarded to the city council with a "No Recommendation" from the planning commission. The planning commission may submit any additional report it deems appropriate. The recommendations and reports of the planning commission shall have an advisory effect only and shall not be binding on the city council. Copies of the planning commission's recommendations and reports shall be made available to the applicant and other interested parties upon completion and distribution to the city council and at the meeting or public hearing before the city council.

(c)

The planning commission's recording secretary shall have ten working days within which to submit in writing the planning commission's recommendations to the city council. If the recording secretary fails to submit a written recommendation within the ten-day period, it shall not be deemed a violation of a mandated due process.

(Ord. No. 212, § 15, 6-14-1993; Ord. No. 2020-CO-11-806, § 3, 2-8-2021)

All public hearings regarding applications considered by the city council, and by the planning commission if it elects to hold a public hearing, shall be held in accordance with any procedures adopted by the city council and, in addition, shall be governed by the following procedures:

(1)

The presiding officer shall open the hearing by stating the specific application being considered at the public hearing. At this time the presiding officer may summarize the public hearing procedures.

(2)

The zoning administrator or other staff may present a description of the proposed application, any applicable background material, his recommendation regarding action on said application as appropriate, and the recommendations and reports of the planning commission, as appropriate.

(3)

Persons who support the application will be asked to comment first. The petitioner may, upon recognition and upon statement of name and address, present and explain his application. The petitioner, or his designated agent, is expected to attend the public hearing unless written notice of hardship is received prior to such meeting. A time limitation may be imposed at the discretion of the presiding officer.

(4)

Persons who oppose the application or who have questions about the subject application will be asked to comment next. All interested parties after being recognized shall be afforded an opportunity to address the proposed application by standing before the appropriate body and identifying their name, address and interest along with any comments on the proposed application. A time limitation may be imposed at the discretion of the presiding officer.

(5)

The petitioner shall have an opportunity to answer any questions raised by the public, for summary remarks and rebuttal concerning the proposed application.

(6)

Upon the completion of any comments from interested parties and the petitioner, the public hearing shall be completed and adjourned.

(7)

All public comments having been heard, the members of the body considering the application may discuss the request among themselves. During this discussion period, the members of the body may call on the petitioner or other interested parties to clarify points made previously or to answer questions. Said petitioner or interested parties may respond upon recognition. Additional questions from the general public may not be asked once the public hearing has been closed. Once the public hearing is closed, and a vote or other action is being considered, unrecognized responses from the petitioner or other participant shall be ruled out of order by the presiding officer.

(Ord. No. 212, § 16, 6-14-1993)

After the public hearing has been completed, the city council may take action to approve or deny the request, refer the application back to the zoning administrator or planning commission for further study, or the city council may table or defer action until a later meeting. In voting on a petition, the city council shall follow applicable bylaws for such body, or in lieu of adopted bylaws, shall generally follow Robert's Rules of Order.

(Ord. No. 212, § 17, 6-14-1993)

Except for petitions involving annexation and simultaneous zoning, a petitioner may submit, and the planning commission and city council may simultaneously consider, multiple applications involving the same property, such as a rezoning request, conditional use, and variances, provided that specified filing fees shall be paid for each individual application. The proper order of consideration of multiple applications involving the same property shall be the rezoning request first, conditional use second, and variance third.

(Ord. No. 212, § 18 6-14-1993)

(a)

Petitions for annexation into the city limits are subject to the requirements of title 36, chapter 36 of the Official Code of Georgia Annotated, (O.C.G.A. § 36-36-1 et seq.) as it now or hereafter exists.

(b)

In addition to these requirements for annexation, the petitioners seeking annexation shall also simultaneously submit an application for proposed zoning district for the property in question. Said zoning map applications must meet all application, site plan, public hearing and notice, fee submittal and other requirements specified in this chapter. The planning commission shall review and provide a recommendation on all annexation requests. The public hearing for annexation required by state law, and the required public hearing for rezoning action required by this chapter, may be combined at the discretion of the city council. Simultaneous applications for conditional uses and/or variances shall not be considered along with an annexation petition.

(Ord. No. 212, § 19, 6-14-1993)

The zoning administrator, or other official in the city shall ensure that copies of the ordinance from which this article is derived are printed and available for distribution to the general public.

(Ord. No. 212, § 20, 6-14-1993)