The purpose of this article is to provide the procedures and general standards for review of applications that are submitted to administrators or review bodies with the city under this UDC.

13.1.1. Application requirements. The requirements of this section shall apply to all applications unless otherwise provided in this UDC.

13.1.2. Pre-application conference. Before submitting an application for a petition that requires a public hearing before a review body, the applicant shall schedule a pre-application conference with the community development director to discuss procedures, standards, and regulations required for approval in accordance with this UDC. The pre-application meeting may be in person or via conference call. A pre-application meeting may be waived by the community development director at their discretion. City-initiated petitions are exempt from the pre-application meeting requirement.

13.1.3. Forms and fees.

A.

Applications required under this UDC shall be submitted on standardized forms approved by the city. All applications shall be filed and completed as specified on the application form.

B.

All fees associated with a review must be paid in full before any application will be processed or reviewed.

1.

Filing fees are established and reviewed periodically to defray the cost of processing the application. Fees shall be adopted by the mayor and city council.

2.

An applicant who has paid the appropriate fee pursuant to the submission of an application, but who chooses to withdraw such application prior to public notice advertising will be entitled to a refund of the total amount paid, less ten percent for administrative costs, upon written request to the community development director. Once advertising has been sent, no refunds are available.

3.

City-initiated petitions are exempt from pre-application meeting requirements.

13.1.4. Determination of completeness.

A.

Completeness determination. Applications will be submitted to the community development director and checked for completeness. An application is determined to be complete if all required information and documents have been prepared in accordance with the specific application requirements outlined in this article and noted in the application materials.

B.

Complete application. Once an application has been deemed to be complete, the community development director shall transmit the application to the appropriate reviewing body for review and recommendation. The community development director shall notify the applicant that the application is complete. If an application requires a public hearing, the application shall be placed on the next available agenda of the appropriate reviewing body.

C.

Effect of incomplete application. Incomplete applications will not be accepted for review. If an application is determined incomplete, the applicant shall be notified of the additional information that is required to process and review the application.

13.1.5. Application deadline. Applications shall be submitted in accordance with the published calendar schedule. Schedules indicating submittal dates shall be developed each year and made available to the public, upon request.

13.1.6. Concurrent applications. Related applications may be filed and reviewed simultaneously. Applications submitted simultaneously are subject to individual approval. Any application that is contingent upon the approval of another application shall not be eligible for final approval until the contingent application is approved.

13.1.7. Application withdrawals, deferrals, continuances.

A.

Withdrawals.

1.

The applicant may withdraw an application in writing at any time prior to the final decision by the appropriate reviewing body on said application.

2.

If a request to withdraw an application is made in a public hearing, the applicant may do so by stating the request on the record.

B.

Deferrals at applicant request (postponement to a certain time). The applicant may request a deferral to a future scheduled meeting by requesting the deferral in writing in advance of the meeting or by stating the request on the record at the meeting. In either case, the applicable review or governing body shall vote in a properly advertised meeting to postpone to a certain time. If the date and time of the meeting are not indicated at the time of the originally scheduled public hearing, the application shall be readvertised pursuant to the public notice requirements.

C.

Deferrals by reviewing or governing body (postponement to a certain time). Deferrals by a reviewing or governing body (postponement to a certain time) are authorized, but final decisions shall be made within the identified timeframes outlined herein.

1.

Mayor and city council. The mayor and council shall have the authority to postpone to a certain time the review of an application scheduled for public hearings to any future date chosen by the governing body.

2.

Planning commission and tree board. The planning commission and tree board shall issue a recommendation to approve or deny an application or petition within 45 days after the close of the public hearing or comment period. Failure of the planning commission or tree board to act within the 45-day period shall constitute a recommendation that the application be forwarded to mayor and city council for final decision.

3.

Historic preservation commission.

a.

The historic preservation commission shall approve or deny an application for a certificate of appropriateness within 45 days after the filing thereof by the applicant. Failure of the commission to act within the 45-day period shall constitute approval, and no other evidence of approval shall be needed.

b.

For all other applications, the historic preservation commission shall issue a recommendation to approve or deny an application or petition within 45 days after the close of the public hearing or comment period. Failure of the historic preservation commission to act within the 45-day period shall constitute a recommendation that the application be forwarded to mayor and city council for final decision.

13.1.8. Procedures summary. Table 13.1.8, procedures summary table provides a summary of review and decision-making authority under this UDC. In the event of conflict between Table 13.1.8, procedures summary table and the detailed procedures identified in this UDC, the detailed procedures govern.

Table 13.1.8. Procedures Summary Table

(Ord. No. 2023-3, § 1(Exh. A), 6-20-2023)

13.2.1. Applicability.

A.

All meetings or hearings of the mayor and city council, planning commission, and tree board which involve annexation, rezonings, zoning map amendments, zoning text amendments, special use permits, and variances are public and subject to the notification requirements under the State Zoning Procedures Law, O.C.G.A. §§ 36-66-1 et seq., where applicable.

B.

All hearings of the mayor and city council and historic preservation commission which involve historic designations and certificates of Appropriateness are public and subject to the notification requirements of the State Historic Preservation Act.

13.2.2. Types of public notice.

A.

Forms of notice required for public hearings may include mailed notice, published notice, provided via a newspaper of general circulation and posted notice by signs as required by Table 13.2.2 below.

B.

Community meetings shall comply with the requirements as provided in subsection 13.2.8.

Table 13.2.2. Types of Public Notice for Applications

13.2.3. Content of mailed, posted, and published notices. All mailed, posted, and published notices shall include, at a minimum, the information listed below. For text amendments, subsections 13.2.3.B and C below shall not be required, as such amendments are not property-specific. In the adoption of this UDC, for any city-initiated amendment to this UDC and any city-initiated amendments to the zoning map, mailed or posted notice shall not be required, notwithstanding any other provision of this UDC.

A.

Public hearing location, time, and date. The location, time, date, and purpose of all scheduled public hearings for the application shall be required.

B.

Location of the subject property. The location of the property involved by street address, or if there is no street address, by the reference to the closest intersection of public streets.

C.

Zoning classifications. The information provided shall include the zoning district(s) of the property subject to the application. If the application is for a rezoning (map amendment), the proposed zoning district(s) shall also be provided.

13.2.4. Mailed notices.

A.

To whom provided. When required as shown on Table 13.2.2, notice shall be mailed to owners, organizations, and associations listed below:

1.

Property owners.

a.

All property owners of the property subject to the application shall be mailed notice of public hearing unless otherwise provided below.

b.

For applications to designate or amend a local historic district or local historic property, mailed notice shall be sent to all property owners as required by O.C.G.A. § 44-10-28 ("Georgia Historic Preservation Act"), or as amended, for only the public hearing.

2.

Nearby property owners. All property owners whose property boundaries lie adjacent to the boundaries of the subject property by the most direct distance and are located in the incorporated limits of the city shall receive notice.

B.

Mailing and postmarking.

1.

How property addresses are to be obtained.

a.

Mailing addresses for property owners shall be obtained from the most recent tax digest available from the office of the Walton County Board of Assessors and Newton County Board of Assessors.

b.

The community development director shall prepare the content of the notice and be responsible for its mailing, unless otherwise required by the application process.

2.

Timing of mailed notice.

a.

For all applications that require mailed notice, notice shall be mailed and postmarked at least 30 but no more than 45 days prior to the public hearing.

b.

For applications to designate a local historic district or to designate a local historic property (or to amend a historic district designation or historic property designation), mailed noticed shall be sent and postmarked at least ten but not more than 20 days prior to the public hearing as provided in O.C.G.A. § 44-10-26 ("Georgia Historic Preservation Act").

13.2.5. Published notices.

A.

When required, as shown on Table 13.2.2, public notice shall be published in accordance with the standards established in O.C.G.A. §§ 36-66-1 et seq., and this UDC.

B.

The community development director shall prepare the content of the published notice and be responsible for publishing the notice in the local newspaper of general circulation within the boundaries of the city.

C.

Timing of the published notice for public hearings.

1.

For all applications that require published notice except those provided in subsections 13.2.5.C(2) and (3) below, notice shall be published at least 30 days but not more than 45 days prior to the public hearing.

2.

For applications to designate a local historic district or to designate a local historic property, notice of the public hearing shall be published at least ten but not more than 20 days prior to the public hearing as provided in O.C.G.A. § 44-10-26 ("Georgia Historic Preservation Act"), or as amended. Notice of the public hearing shall be published on at least three occasions prior to the public hearing.

13.2.6. Posted notice.

A.

Posting of notice. Posting of property shall comply with the requirements listed below.

1.

Responsibility for posting. Unless otherwise indicated by the community development director, signs shall be posted by the applicant, except applications initiated by the mayor and city council shall be exempt from this requirement.

2.

Form of required signs. Notice shall be posted on weather resistant signs in a form established by the community development director.

3.

Preparation of signs. Signs shall be prepared by the community development director.

B.

Timing of posted notice.

1.

For all applications that require posted notice except those provided in subsection 13.2.6.B(2) below, signs shall be posted not less than 30, but no more than 45 days before the public hearing.

2.

For applications to designate a local historic district or to designate a local historic property or review of a certificate of appropriateness, signs shall be posted not less than ten, but no more than 20 days before the public hearing.

C.

Location of signs.

1.

Subject property. Signs shall be placed in a conspicuous place on the subject property.

2.

Installation. Signs shall not be posted onto any tree.

D.

Removal. Unless otherwise indicated by the community development director, the applicant shall remove the sign within 30 days after final action on the application.

13.2.7. Additional notice required. When any of the following actions are proposed, reference the Georgia Zoning Procedures Law, O.C.G.A. §§ 36-66-1 et seq., for additional notice requirements.

A.

City-initiated rezoning and/or text amendment to revise a zoning classification related to single-family residential uses of property so as to authorize multifamily uses of property pursuant to such classification or definitions, or to grant blanket permission, under certain or all circumstances, for property owners to deviate from the existing zoning requirements of a single-family residential zoning; or

B.

Halfway house, drug rehabilitation center, or other facility for the treatment of drug dependency; or

C.

Annexations.

13.2.8. Community meetings.

A.

Intent. The intent of the community meeting is to ensure early citizen participation in an informal forum in conjunction with applications and to provide an applicant the opportunity to understand and address any impacts an application may have on an affected community. A community meeting is not intended to produce complete consensus on all applications but to encourage applicants to be good neighbors and to allow for informed decision making.

B.

When required.

1.

A community meeting shall be considered as shown in Table 13.2.2, types of public notice for applications, or as determined necessary by the community development director.

2.

A community meeting may be required by the community development director, at their discretion, upon finding of one or more of the following:

a.

Request is for a more intensive use and/or zoning district;

b.

Request impacts 16 or more single-family residential lots; or

c.

Request impacts more than five acres.

C.

Community meeting, generally.

1.

The location, date, and time of the community meeting shall be confirmed with the community development department prior to mailing notices.

2.

Where an application is significantly revised following the community meeting or public hearing, the community development director may require an additional community meeting on the revised application before the application can be placed on an agenda for review or a final vote.

D.

Conduct of community meeting.

1.

The applicant is responsible for securing a location close to the subject property for the community meeting. The selected location shall be ADA accessible.

2.

The applicant is responsible for providing a sign-in sheet to collect contact information of attendees.

3.

The applicant is responsible for providing a copy of the application for viewing at the meeting.

4.

The applicant is responsible for documenting the questions, concerns, and comments made by attendees along with the applicant replies to any of those questions, concerns, or comments.

5.

The applicant is responsible for conducting the community meeting, allocating at least 30 minutes to address questions and comments from the audience.

6.

The applicant must provide a community meeting report to the community development department at least seven days prior to their first scheduled public hearing.

7.

Failure to provide a community meeting report or to host the advertised community meeting may result in rescheduled public hearing, at the discretion of the community development director.

(Ord. No. 2023-3, § 1(Exh. A), 6-20-2023)

13.3.1. Applicability. This section shall apply to any proposed development that meets or exceeds the minimum thresholds established for specified uses or activities as identified by the Rules of the Georgia Department of Community Affairs, § 110-12-3 ("Developments of Regional Impact"), as amended. The community development department shall serve as the submitting agency on behalf of the applicant.

13.3.2. Project threshold. See the Rules of Georgia Department of Community Affairs, § 110-12-3 ("Developments of Regional Impact") for DRI thresholds to determine applicability.

13.3.3. Application of conditions. The city shall be authorized to apply any additional conditions to the subject property based on the DRI notice of decision, regardless of whether an application is up for review by a review body.

(Ord. No. 2023-3, § 1(Exh. A), 6-20-2023)

13.4.1. Purpose. An application for a comprehensive plan amendment, text, or map, may be initiated by the mayor and city council, community development director, or city manager. Any person owning property within the city, or agent for such property owner, may initiate an application for a comprehensive map amendment to change the future land use map category for their own property only. Updates to the text or future land use map of the comprehensive plan shall occur every five years based on O.C.G.A. § 110-12-1.

(Ord. No. 2023-3, § 1(Exh. A), 6-20-2023)

13.5.1. Applicability. The provisions of this section apply to amendments of the official zoning map of the city.

13.5.2. Initiation of rezoning.

A.

An application for rezoning may be initiated for any property within the city by any of the following:

1.

The mayor and city council.

2.

The city manager or community development director.

3.

Any person, or agent for such person, who seeks to rezone their own property.

B.

For rezoning applications filed by other than those initiated by the city governing body or staff, where properties are held in ownership by multiple persons or entities, it shall be the responsibility of the applicant to ensure they have obtained proper consent to the rezoning from all persons or entities with an ownership stake in the rezoning.

C.

If the applicant is the agent of the owner, the agent shall file authorization that the agent may file on their behalf. No application shall be accepted which does not meet these requirements.

13.5.3. Application procedures.

A.

Prior to the submittal of an application for rezoning, the applicant shall have participated in the pre-application meeting with the community development director.

B.

Applications shall, at minimum, include the following information:

1.

Application form.

2.

Property owner authorization.

3.

Contribution disclosure forms.

4.

Site plan, showing the proposed concept for redevelopment of the property, if applicable.

5.

Existing site resources map, showing changes in elevation, topographical conditions, and existing structures upon the tract.

6.

Traffic study for any project as triggered in subsection 6.4.4.

7.

Letter of intent, which outlines the details of the request, the reason for requesting an amendment to the zoning map, and addresses the criteria in subsection 13.5.8, review standards for rezoning application.

8.

Community meeting report, submitted at least seven days prior to the first scheduled public hearing and shall include a copy of any mailers sent to the community.

C.

The community development director has the authority to waive the need to submit a site plan, existing resource(s) map, traffic study, or community meeting staff report. They may also request supplemental or alternative materials, as needed to process the request.

13.5.4. Community meeting required. The applicant shall hold a meeting as determined applicable in subsection 13.2.8, community meetings.

13.5.5. Required public notice. Public notice shall be provided for each public hearing in accordance with procedures in section 13.2, public notices.

13.5.6. Review by planning commission.

A.

Consideration by planning commission. All rezoning applications shall be considered by the planning commission at a public hearing prior to a public hearing before the mayor and city council.

B.

Standards and criteria. The planning commission shall review and make recommendation on the proposed rezoning based upon the standards in section 13.5.8, review standards for rezoning applications.

C.

Planning commission recommendation. A recommendation shall be prepared and forwarded to the mayor and city council. The recommendation shall indicate if the proposed rezoning should be:

1.

Approved;

2.

Approved with conditions;

3.

Approved with an alternative zoning district that is lesser intensity than that which was advertised; or

4.

Denied.

13.5.7. Action by mayor and city council. Upon receipt of the recommendations from the reviewing bodies, the community development director shall forward the recommendation to the mayor and city council for final action.

A.

Public hearing. The mayor and city council shall hold a minimum of one public hearing to consider the proposed rezoning after receiving a recommendation from the applicable review body.

B.

Standards and criteria. The mayor and city council shall evaluate the proposed rezoning based upon the standards in subsection 13.5.8, review standards for rezoning applications.

C.

Actions by the mayor and city council. Following the public hearing, the mayor and council shall take one of the following actions:

1.

Approve;

2.

Approve with conditions;

3.

Approve with alternative zoning district;

4.

Deny;

5.

Any other action within the scope of the mayor and council's authority as outlined elsewhere in this UDC, the Social Circle Municipal Charter, or state law.

13.5.8. Review standards for rezoning applications. The following are the standards which govern the exercise of zoning power by the city:

A.

Suitability and community need.

1.

Whether the range of uses permitted by the proposed zoning district is more suitable than the range of uses that is permitted by the current zoning district.

2.

Whether the proposed zoning district addresses a specific need in the county or city.

B.

Compatibility.

1.

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

2.

Whether the zoning proposal is compatible with the present zoning pattern and conforming uses of nearby property and the character of the surrounding area.

3.

Whether there are other existing or changing conditions affecting the use and development of the property which give supporting grounds for either approval or disapproval of the zoning proposal.

C.

Consistency. Whether the zoning proposal is in conformity with the policy and intent of the comprehensive plan and other adopted plans, such as a redevelopment plan or small area plan.

D.

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

E.

Adequate public services. Whether adequate school, public safety and emergency facilities, road, ingress and egress, parks, wastewater treatment, water supply and stormwater drainage facilities are available for the uses and densities that are permitted in the proposed zoning district.

13.5.9. Annexation criteria. When a rezoning request is accompanied by an annexation request, the following criteria shall be considered when reviewing the annexation request:

A.

Compliance with applicable sections of O.C.G.A. § 36-36 for lawful Annexation of Territory and 489 Agreement, as adopted and amended over time;

B.

Adequacy of access to the site;

C.

Consistency of the proposal with the city's adopted comprehensive plan, including but not limited to goals and policies for urbanization, housing, cultural, historic and natural resources, infrastructure, and provision of public infrastructure and community services;

D.

Adequacy and availability of the following public facilities and services at the time of development;

1.

Transportation. The urbanization of the site can be accommodated with existing transportation infrastructure in conjunction with proposed improvements.

2.

Sewer. The urbanization of the site can be accommodated based on current sewer capacity.

3.

Water. The urbanization of the site can be accommodated based on current water capacity.

4.

Stormwater. The urbanization of the site can be accommodated based on current stormwater capacity.

5.

Police, fire, and emergency services. Police, fire, and emergency services can adequately serve the site;

6.

Parks. The urbanization of the site can be accommodated based on current parks resources.

7.

Schools. The urbanization of the site is analyzed for school capacity in a school forecast approved by the Social Circle School District.

E.

The annexation is in the best interest of the city. Generally, the mayor and city council may consider the annexation is in the best interest of the city if it meets two or more of the following criteria:

1.

It provides a needed solution for existing problems resulting from insufficient sanitation, water service, public safety, code enforcement, or other service-related problems;

2.

It provides land for development to meet needs including jobs and/or housing in an orderly and logical growth pattern;

3.

It fills in gaps in existing islands or other types of non-contiguous boundaries;

4.

It provides needed routes for utility and transportation networks.

13.5.10. Successive applications for rezoning.

A.

If the mayor and city council deny an application for the rezoning of property, a successive application shall not be submitted to rezone on any part or all of such property for a period of 12 months from the date of the vote by the mayor and city council.

B.

The mayor and city council are authorized to waive or reduce this 12-month time interval by resolution, except that the time interval between the date of action to deny the application or the date that the application is withdrawn with prejudice and the date of filing of a subsequent application affecting the same property shall not be less than six months.

13.5.11. Rezoning applications initiated by the city.

A.

One purpose of a rezoning initiated by the city may be to rezone areas in conformance with the principles of comprehensive plan and staged development as reflected by established plans and policies, as well as planned public facilities.

B.

The same review criteria shall apply to rezonings initiated by the city as to all other rezonings as set forth in subsection 13.5.8, review standards for rezoning applications.

(Ord. No. 2023-3, § 1(Exh. A), 6-20-2023)

13.6.1. Applicability. The provisions of this section shall apply to all amendments of the text of this UDC. This section does not pertain to amendments of conditions of zoning approval tied to any specific property. Revisions made through this process affects to the city at large.

13.6.2. Initiation of text amendment.

A.

An application for a text amendment may be initiated by the following:

1.

The mayor and city council;

2.

The community development director; or

3.

The city manager.

B.

Because these amendments affect the city at large, proof of ownership of a specific property is not applicable.

13.6.3. Application procedures.

A.

Applications shall include the following information:

1.

Section of the code to amend;

2.

New text to be added, or text to be removed; and

3.

Reasons for the text amendment.

13.6.4. Required public notice. Public notice shall be provided for each public hearing in accordance with procedures in section 13.2, public notices.

13.6.5. Review by appropriate review body.

A.

Consideration by review body. Text amendment applications shall be considered by the planning commission, unless the amendments affects a specified section assigned to the historic preservation commission or tree board, at a public hearing prior to the scheduled hearing before the mayor and city council.

B.

Standards and criteria. The appropriate review body shall review and make recommendation on the proposed text amendment based upon the standards in subsection 13.6.8, review standards for text amendment.

C.

Review body recommendation. A recommendation shall be prepared and forwarded to the mayor and city council. The recommendation shall indicate if the proposed rezoning should be:

1.

Approved as recommended by the community development director;

2.

Approved with modifications; or

3.

Denied.

13.6.6. Action by the mayor and city council. After consideration of the review standards set forth in subsection 13.6.8, review standards for text amendment, the mayor and city council shall:

A.

Approve and adopt the proposed text amendment as submitted by staff;

B.

Approve and adopt the proposed text amendment as recommended by the applicable review authority;

C.

Approve and adopt the proposed text amendment with modifications;

D.

Return the proposed text amendment to the review authority for further study and recommendation; or

E.

Deny the proposed text amendment.

13.6.7. Additional hearings required. When any of the following actions are proposed, reference the Georgia Zoning Procedures Law, O.C.G.A. §§ 36-66-1 et seq., for additional hearing requirements:

A.

City-initiated rezoning and/or text amendment to revise a zoning classification related to single-family residential uses of property so as to authorize multifamily uses of property pursuant to such classification or definitions, or to grant blanket permission, under certain or all circumstances, for property owners to deviate from the existing zoning requirements of a single-family residential zoning;

B.

Halfway house, drug rehabilitation center, or other facility for the treatment of drug dependency; or

C.

Annexations.

13.6.8. Review standards for text amendment. When reviewing an application for a text amendment, all of the criteria listed below shall be considered.

A.

Consistency. The extent to which the proposed text amendment is consistent with the remainder of the UDC, including any purpose and intent statements.

B.

New or changing circumstances. The extent to which the proposed text amendment represents a new idea not considered in the existing UDC or represents a revision necessitated by changing circumstances over time.

C.

Error or inappropriate standard. Whether or not the proposed text amendment corrects an error in the UDC, or otherwise improves upon existing requirements or standards.

D.

Compliance with higher law. Whether or not the proposed text amendment revises the UDC to comply with state or federal statutes.

(Ord. No. 2023-3, § 1(Exh. A), 6-20-2023)

13.7.1. Applicability. All applications for a special use permit approval shall comply with the requirements of this section.

13.7.2. General provisions.

A.

Special uses within each zoning district are uses that would not be appropriate generally or without restriction but which, if controlled as to number, area, location or relation to other uses, may be appropriate in a particular zoning district.

B.

A special use permit shall be required for all special uses (identified with an "S" designation) as set forth in the permitted use table in section 2.3, principal uses table or as part of a use condition.

C.

Specific use standards may be applicable to the approved special use.

D.

Any use or activity on the property not specifically permitted by article 2, base zoning districts, or the special use permit, as modified, shall be deemed unlawful and subject to article 11, violations, penalties and enforcements.

13.7.3. Community meeting required. The applicant shall hold a meeting as determined applicable in subsection 13.2.8, community meetings.

13.7.4. Review by the planning commission.

A.

Consideration by planning commission. An application for a special use permit shall be considered by the planning commission at a public hearing prior to a public hearing before the mayor and city council.

B.

Standards and criteria. The planning commission shall evaluate the proposed special use permit based upon the standards in subsection 13.7.7, review standards for special use permit.

C.

Planning commission recommendation. A recommendation shall be prepared and forwarded to the mayor and city council after consideration of the review criteria required by subsection 13.7.7, review standards for special use permit. The recommendation which shall indicate if the special use permit should be:

1.

Approved as submitted by the applicant;

2.

Approved as recommended by the community development director;

3.

Approved with modifications and/or conditions; or

4.

Denied.

13.7.5. Action by the mayor and city council. Upon receipt of the recommendations from the reviewing bodies, the community development director shall forward the recommendation to the mayor and city council for final action.

A.

Public hearing. The mayor and city council shall hold a minimum of one hearing to consider the proposed special use permit after receiving the planning commission recommendation.

B.

Standards and criteria. The mayor and city council shall evaluate the proposed special use permit based on the standards in subsection 13.7.7, review standards for special use permit.

C.

Actions by the mayor and city council. After consideration of the review criteria required by subsection 13.7.7, review standards for special use permit, the mayor and city council shall make one of the following decisions:

1.

Approve special use permit as submitted by the applicant;

2.

Approve special use permit as recommended by the planning commission;

3.

Approve special use permit with modifications and/or conditions; or

4.

Deny the special use permit.

13.7.6. Additional hearings required.

A.

When any of the following actions are proposed, reference the Georgia Zoning Procedures Law, O.C.G.A. §§ 36-66-1 et seq., for additional hearing requirements:

1.

City-initiated rezoning and/or text amendment to revise a zoning classification related to single-family residential uses of property so as to authorize multifamily uses of property pursuant to such classification or definitions, or to grant blanket permission, under certain or all circumstances, for property owners to deviate from the existing zoning requirements of a single-family residential zoning;

2.

Halfway house, drug rehabilitation center, or other facility for the treatment of drug dependency; or

3.

Annexations.

13.7.7. Review standards for special use permit. When reviewing an application for a special use permit, all of the criteria listed below shall be considered.

A.

Compatibility.

1.

Whether the subject property is adequate in shape and size to accommodate the special use;

2.

Whether adequate public facilities are available to serve the proposed use, including, but not limited to: water; sanitary sewer; stormwater drainage facilities; public safety and emergency facilities; roadway capacity; vehicular ingress and egress; or, that the applicant will provide adequately for such services and for placement in an appropriate location;

3.

Whether specific use standards for the special use, if any, as provided in article 3, use standards, can be achieved;

4.

Whether the special use will result in the destruction, loss, or damage of any feature determined by the review authority to be of natural, cultural, scenic or historic importance.

B.

Consistency.

1.

Whether the special use is consistent with the intent, goals, strategies, policies, guiding principles and programs of the comprehensive plan and other adopted plans;

2.

Whether the special use is detrimental to the public interest, health, safety, welfare, function, and appearance of the adjacent uses or general vicinity by reason of any one or more of the following: the number, area, location, height, orientation, intensity (such as traffic, noise, odor, hours of operation), or relation to the neighborhood or adjacent uses;

13.7.8. Successive applications for special use permit.

A.

If the mayor and city council deny an application for a special use permit, a successive application shall not be submitted for the same property for a period of 12 months from the date of the decision by the mayor and city council.

B.

The mayor and city council are authorized to waive or reduce this 12-month time interval by resolution, except that the time interval between the date of action to deny the application or the date that the application is withdrawn with prejudice and the date of filing of a subsequent application affecting the same property shall not be less than six months.

(Ord. No. 2023-3, § 1(Exh. A), 6-20-2023)

13.8.1. Purpose. Certain requirements of this UDC that will not be contrary to the public interest may be varied by the applicable review authority, where, owing to special conditions, a literal enforcement of such requirements will, in an individual case, result in practical difficulty or unnecessary hardship.

13.8.2. Applicability.

A.

Certain requirements may be achieved through alternative compliance. Where alternative compliance is possible, it is specified elsewhere in this UDC.

B.

Certain requirements shall not be variable. Such requirements are specified in this section and may be specified elsewhere in this UDC. Any application for a variance that is not permitted by this UDC shall not be processed.

13.8.3. Public notice required. Once the application has been determined complete, the community development director shall schedule a public hearing, as applicable and give public notice in accordance with section 13.2, public notices.

13.8.4. Burden of proof. The applicant seeking the variance shall have the burden of presenting evidence sufficient to allow an informed decision to be made as regards the request.

13.8.5. Action by planning commission and mayor and city council.

A.

The planning commission shall hold a public hearing on the proposed variance and has the authority to recommend that the petition be approved, approved with conditions, or denied.

B.

The mayor and city council shall hold a public hearing on the proposed variance and has the authority to take final action the variance petition.

C.

In granting any variance, the mayor and city council may prescribe reasonable and appropriate conditions and safeguards.

13.8.6. Limitations on power to grant variances.

A.

No variance shall be granted that would allow a use not permitted by this UDC or not permitted in the zoning district in which the property affected by the variance is located.

B.

No variance shall be granted to permit a lot area that is less than the minimum lot area permitted by the zoning district in which the property affected by the variance is located.

C.

No variance shall be granted to permit a height greater than the maximum height established by the zoning district in which the property affected by the variance is located.

D.

No variance shall be granted to any condition of approval that has been set upon a property by another review process.

13.8.7. Power to grant variances. Variances may be granted for article 2, base zoning districts; article 7, environmental protection; article 8, site standards; and article 10, signs.

13.8.8. Criteria for variances. The community development director, planning commission, and mayor and city council shall consider and find in the affirmative that all the criteria below are met in determining whether a variance shall be approved.

A.

General consistency. The variance shall be consistent with the intent of this UDC and the comprehensive plan and shall not be injurious to the neighborhood or otherwise detrimental to the public health, safety or welfare.

B.

Special conditions.

1.

Special conditions and/or circumstances exist which are peculiar to the land, buildings or structures involved and which are not applicable to other lands, buildings or structures in the same zoning district.

2.

The special conditions and/or circumstances do not result from the actions of the applicant.

3.

The special conditions and/or circumstances are not purely financial in nature so as to allow the applicant to use the land, buildings or structures involved more profitably or to save money.

C.

Literal interpretation. Literal interpretation of the provisions of the regulations would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of the ordinance and would result in unnecessary and undue hardship on the applicant.

D.

Minimum variance. The variance, if granted, is the minimum variance necessary to make possible the reasonable use of land, buildings or structures.

E.

Special privilege not granted. The variance would not confer on the applicant any special privilege that is denied by this ordinance to other lands, buildings or structures in the same zoning district.

13.8.9. Time limits for variances. Approval of a variance pursuant to the provisions of this UDC shall run with property.

13.8.10. Successive applications for variance.

A.

If the mayor and city council deny an application for a variance request, a successive application shall not be submitted for the same previously requested variance on any part of all such property for a period of 12 months from the date of the decision by mayor and city council.

B.

The mayor and city council are authorized to waive or reduce this 12-month time interval by resolution, except that the time interval between the date of action to deny the application or the date that the application is withdrawn with prejudice and the date of filing of a subsequent application affecting the same property shall not be less than six months.

13.8.11. Appeals. Final action on a variance may be appealed in accordance with section 13.11, appeals.

(Ord. No. 2023-3, § 1(Exh. A), 6-20-2023)

13.9.1. Authority.

A.

The community development director may authorize administrative variances for the following:

1.

To extend hours of operation for certain uses where hours are limited;

2.

To provide alternative buffering and/or screening for certain uses when either is required;

3.

To decrease or increase any required setback by up to five feet or ten percent, whichever is less;

4.

To decrease or increase any required buffer by up to ten feet or ten percent, whichever is less, where adjacent a preserved stream buffer or other conservation area;

5.

To decrease or increase the total number of required off-street parking spaces by up to 20 spaces;

6.

To decrease or increase the total number of required loading spaces by up to ten percent of the requirement;

B.

No administrative relief shall be granted which shall eliminate the required standard all together. The purpose of administrative relief is to provide the applicant the minimum amount of relief necessary to address the challenge at hand.

13.9.2. Review process.

A.

Applications for administrative variances shall be filed by the property owner or authorized owner's representative for the property being affected by the requested relief.

B.

All forms and fees required by the community development department to process the administrative variance request shall be received before the community development director takes final action upon the request.

13.9.3. Administrative variance criteria. The community development director shall approve an administrative variance only upon finding all of the criteria in subsection 13.8.8, criteria for variances are met.

13.9.4. Denied application. If the community development director denies the request, the applicant may file an appeal to the mayor and city council in accordance with section 13.11, appeals within 30 days of the decision.

13.9.5. Approved application. An administrative variance runs with the land and remains valid in perpetuity, until such time as the property is redeveloped.

(Ord. No. 2023-3, § 1(Exh. A), 6-20-2023)

13.10.1. Applicability. The city manager is authorized to make all final interpretations concerning the provisions of this UDC, in consultation with the community development director, or other department directors, as best applicable. Interpretations include but are not limited to:

1.

The text of this UDC;

2.

Zoning district boundaries upon the official zoning map; and

3.

Any land use not explicitly authorized in this UDC.

13.10.2. Zoning confirmation letters. A zoning confirmation letter (ZCL) that verifies the factual information relative to a specific property shall be considered an official interpretation of this UDC.

13.10.3. [Reserved.]

13.10.4. Appeals. Interpretations may be appealed in accordance with section 13.11, appeals.

(Ord. No. 2023-3, § 1(Exh. A), 6-20-2023)

13.11.1. Application requirements.

A.

A notice of appeal shall be filed within 30 calendar days of a final decision.

B.

An appeal shall be made by filing a written notice of appeal specifying the grounds for the appeal with the community development director.

C.

A notice of appeal shall be considered filed when a complete notice of appeal is delivered to the community development director.

13.11.2. Effect of an appeal.

A.

The filing of a complete notice of appeal stays all proceedings in furtherance of the action appealed.

B.

Proceedings shall not be stayed if it is determined that a stay would cause imminent peril to life or property, or that the violation is transitory in nature, or that a stay would interfere with the enforcement of this UDC or other related ordinances.

C.

An appeal shall stay only those proceedings that involve the subject of the appeal.

D.

The filing on an appeal does not stop the accruing of assessed civil penalties, if any.

13.11.3. Record of decision. Upon receipt of a notice of appeal, the administrative official, commission or board whose final decision is being appealed shall transmit to the community development director all records, including all documents and electronic data, constituting the entire record of the proceedings from which the appeal is taken.

13.11.4. Public notice requirements. Mailed, published, and posted notice shall be required in accordance with the procedures in section 3.2, public notice. Mailed notice sent to the appellant and the owner of the affected site (if different).

13.11.5. Action by the mayor and city council.

A.

An appeal shall be sustained only upon a finding by the mayor and city council that the administrative official, commission, or board whose final decision is being appealed was based on an erroneous finding of a material fact or that they acted in an arbitrary manner.

B.

The mayor and city council may reverse or affirm (wholly or in part) or may modify the final decision appealed and shall make a final decision that in its opinion ought to be made in the case before it unless otherwise specified by this UDC. To this end, the mayor and city council shall have all of the powers of the administrative official, commission or board from whom the appeal is taken.

C.

A motion to reverse, affirm or modify the final decision appealed shall include a statement of the specific reasons including the proposed findings of fact that support the decision. The findings of fact shall be based on the same evidence received by the first decision maker.

D.

If a motion to reverse or modify is not made, or such motion fails to receive the affirmative vote of a majority of the members present, then the appeal shall be denied.

E.

The appellant shall have the burden of proof.

13.11.6. Appeal of final action taken by the mayor and city council.

A.

An appeal of the final decision of the mayor and city council under this section may be taken by the applicable processes as stated in O.C.G.A. § 36-66-5.1.

B.

If an appeal is being made by way of writ of certiorari/petition for review to the superior court where the property lies, in accordance with both O.C.G.A. §§ 36-66-1 et seq. and as provided for in O.C.G.A. ch. 4, tit. 5, any petition may be served through the community development director on behalf of the lower judiciary body being appealed. The community development director may be served with the petition on behalf of the city.

(Ord. No. 2023-3, § 1(Exh. A), 6-20-2023)

Conditions attached to previously approved rezonings, special use permits, variances, and any other zoning or quasi-judicial decisions may be modified in accordance with the following:

13.12.1. Minor modifications.

A.

Modification of any of the following site plan characteristics, if attached as a condition of approval, constitutes a "minor modification" for purposes of interpreting this section. For the purposes of this section, a minor modification means a slight alteration or change in layout, such as, but not limited to, small shifts in the location of buildings, streets, driveways, sidewalks, trails, utilities, easements or other similar features that do not increase the degree of relief (for variances), negatively impact adjacent property, the public health and safety, the quality of materials, the appearance of the project, or the health and quality of the natural environment, including:

1.

The movement of any building or structure within the site, provided the movement of the structure is not closer to a property line or into a required buffer, landscape zone, sidewalk zone, or streetscape;

2.

Any increase in the minimum size of residential units;

3.

Any increase in the size of a required buffer or sidewalk;

4.

Any decrease in building or structure height;

5.

Any change in the proportion of floor space devoted to different authorized uses by less than ten percent;

6.

Any decrease in the land area of the subject property or project, provided it does not impact other approved conditions; or

7.

Any relocation of site features that do not exceed any other minor site modification thresholds.

B.

The community development director is authorized to approve minor modifications.

C.

Any request for a minor modification shall be made in writing to the community development director. If an approved site plan exists, the request for minor modification shall be accompanied by a copy of the revised site plan.

D.

Modification of conditions are not classified as a minor modification constitute a "major modification" for purposes of interpreting this section.

13.12.2. Major modifications.

A.

Any modification request that exceeds the thresholds for a minor modification, any variation to an approved phasing plan in timing or sequencing, or any other modification the community development director determines to be substantial enough to require mayor and city council review, is considered a major modification.

B.

Any major modification shall be processed as a new amendment application in accordance with the procedures of this article. Including the requirement for fees, notices, and hearings.

C.

Any future alterations of conditions shall be processed as a new amendment application in accordance with the procedures of this article, including the requirement for fees, notices, and hearings.

(Ord. No. 2023-3, § 1(Exh. A), 6-20-2023)

13.13.1. Purpose.

A.

The purpose of a local historic district designation is to:

1.

Provide a uniform procedure to protect, enhance, perpetuate and use buildings, structures, sites, objects, or a combination thereof that have pre-historic, historic, architectural, or cultural significance;

2.

Promote the identification, documentation, and evaluation of the significance of individual historic resources and districts;

3.

Implement the historic preservation goals, policies, and programs of the comprehensive plan;

4.

Preserve and protect contributing resources from demolition and prevent demolition by neglect (see section 13.15, proactive preservation);

5.

Ensure compatibility of new construction and alterations within a local historic district;

6.

Promote the educational and cultural welfare of the people of the city;

7.

Encourage and promote adaptive reuse of historic properties; and

8.

Promote public awareness of the value of rehabilitation, restoration and maintenance of the existing building stock and of programs that offer financial incentives for historic preservation.

13.13.2. Applicability.

A.

The mayor and city council may designate a property as a local historic property or a series of properties as a local historic district. O.C.G.A. § 44-10-21 ("Georgia Historic Preservation Act"), as amended, grants this power to local governing bodies and also sets forth minimum criteria for such designations.

B.

A designated local historic district shall be identified on the official zoning map.

13.13.3. Designation of a local historic district/property.

A.

Initiation of application.

1.

An application for designating a local historic district shall be initiated by the neighborhood association or associations representing a majority of the property owners within the boundaries of the proposed historic district or by the mayor and city council. An application for designating a local historic property shall be initiated by the property owner(s).

2.

Changes to the historic district/property map shall be approved through the process in section 13.5, rezoning (map amendment) in addition to the procedures outlined herein.

B.

Pre-application conference. Prior to the submittal of an application for a local historic district/property, the applicant shall participate in a pre-application conference with the community development director.

C.

Community meeting. The applicant shall hold a meeting as determined applicable in subsection 13.2.8, community meetings.

D.

Interim protection.

1.

Upon receipt of the completed application for designation of a local historic district/property, the community development director shall prepare a resolution for the mayor and city council to provide interim protection measures for the proposed local historic district/property during the preparation of the historic designation report.

2.

The mayor and city council shall approve or deny the resolution for the proposed designation for one year from the date of the receipt of the completed application or until final action has been taken on the property designation by the mayor and city council.

3.

Once a resolution has been approved by the mayor and city council for interim protection of the designation of a local historic district/property, any material change during the evaluation process shall be evaluated by the community development director according to the U.S. Secretary of the Interior Standards and Guidelines for Rehabilitation before a building or land development permit is issued. If the proposed material change is not in compliance with the Standards and Guidelines for Rehabilitation, no permit shall be issued.

4.

The interim protection is deemed removed when the historic designation report is complete and final action has been taken on the property designation by the mayor and city council (either to approve or reject the designation), or within one year from date of receipt of a completed application by the terms of its own expiration, whichever is sooner.

5.

In the event development has begun prior to a resolution being approved by the mayor and city council for the proposed designation, such development shall be governed by section 1.3, transitional provisions and the interim protection measures of this subsection (D) shall not apply. For purposes of this provision development will be considered to have begun if the developer has:

a.

Applied for a building or land disturbance permit;

b.

Filed any application required by this ordinance; or

c.

Held any pre-application conference.

E.

Preparation of a historic designation report.

1.

Upon receipt of the application for designation of a local historic district/property, the community development director shall prepare a historic designation report. The historic designation report shall address the minimum requirements of O.C.G.A. § 44-10-26(2)(A), as amended, including:

a.

A description of the proposed boundaries of the historic district/property;

b.

The name(s) of the owner(s) of each property;

c.

A description of the historic buildings, structures, sites, and objects within the proposed district/property, to include the identification of contributing status of each;

d.

Specific design standards that reflect the individual character of the historic district to evaluate a requested material change; and

e.

A contributing resource map (required for local historic districts only).

2.

Upon completion of the historic designation report, the plan shall be forwarded to the historic preservation division of the department of natural resources or its successor.

3.

Comments shall be received from the division within 30 business days. If no comments are received within that timeframe, the report may continue through the process as if the division made a favorable recommendation.

4.

Upon receipt of comments from the historic preservation division, the community development director shall amend the historic designation report, if required, and prepare a recommendation to the city historic preservation commission.

F.

Review by the historic preservation commission.

1.

Consideration by historic preservation commission. The community development director shall schedule the public hearing and give public notice in accordance with section 13.2, public notices, that the designation of a local historic district/property will be considered by the historic preservation commission. Public notice shall be provided that is consistent with the Georgia Historic Preservation Act.

2.

Standards and criteria. The historic preservation commission shall evaluate the proposed local historic district/property based upon the criteria in subsection 13.13.4, criteria for designation, below.

3.

Action by the historic preservation commission. After consideration of the review criteria required by subsection 13.13.4, criteria for designation below and subsection 13.5.8, review standards for rezoning application, the city historic preservation commission shall provide its recommendation to the mayor and city council of one of the following:

a.

Approval as recommended by the community development director;

b.

Approval with modifications; or

c.

Denial.

G.

Action by the mayor and council. The city historic preservation commission shall forward its recommendation to the mayor and city council for final action.

1.

Public hearing. The mayor and city council shall schedule the public hearing and give public notice in accordance with section 13.2, public notices.

2.

Standards and criteria. The mayor and city council shall evaluate the proposed local historic district/property based upon the criteria in subsection 13.13.4, criteria for designation and subsection 13.5.8, review standards for rezoning application.

3.

Action by the mayor and city council. After consideration of the review criteria required by subsection 13.13.4, criteria for designation and subsection 13.5.8, review standards for rezoning application, the mayor and city council shall make its decision of one of the following:

a.

Approval as recommended by the historic preservation commission;

b.

Approval with modifications; or

c.

Denial.

4.

Notification of property owners. If the mayor and city council approve the historic district/property designation, property owners shall receive written notification of the designation.

13.13.4. Criteria for designation. The criteria below shall be applied to by the community development director, historic preservation commission, and mayor and city council determine whether the proposed local historic district/property is eligible for designation. At the time a new district/property is proposed, or the boundaries of an existing district are proposed for expansion, the historic preservation commission and mayor and city council shall also determine whether existing buildings, structures, sites, or objects within the proposed district/property are contributing. Contributing resources shall be shown on a contributing resource map for any local historic district.

A.

Criteria for local historic property designation. The proposed historic property possesses integrity of location, design, setting, materials, workmanship, and association, and at least one of the traits listed under subsection 13.13.C.

B.

Whether buildings, structures, sites or objects within the boundaries of the property shall be classified as contributing based on the following criteria:

1.

A contributing building, structure, site or object adds to the historic, architectural or archaeological value for which the property is significant because it was present during the period of significance for the property, relates to the documented significance of the property, and possesses historic integrity or is capable of yielding important information about the period; or

2.

A non-contributing building, structure, site or object does not add to the historic, architectural or archaeological value for which the property is significant because:

a.

It was not present during the period of significance for the property or does not relate to the documented significance of the property; or

b.

Due to alterations, disturbances, additions or other changes, it no longer possesses historic integrity or is capable of yielding important information about the period.

C.

Criteria for local historic district designation. The proposed local historic district/property possesses integrity of location, design, setting, materials, workmanship, feeling and association, and at least one of the following:

1.

Is associated with events that have made a significant contribution to the broad patterns of our history; or

2.

Is associated with the lives of persons significant in our past; or

3.

Embodies the distinctive characteristics of a type, period or method of construction, or that represents the work of a master, or that possesses high artistic values, or that represents a significant and distinguishable entity whose components may lack individual distinction; or

4.

Has yielded or may be likely to yield, information important in pre-history or history.

D.

Classification of resources and criteria for resource designation. All resources within a district shall be classified and designated on the "Historic District Contributing Resources Map." All resources shall be identified as contributing as follows:

1.

Contributing. All resources identified on the "Historic District Contributing Resources Map" having historic significance shall be considered "contributing" and worthy of preservation and shall be classified as "historic" for purposes hereunder.

2.

Period of significance. Contributing buildings include those within the current period of significance, possess integrity of location, design, setting, materials, workmanship, and association, and meet one or more of the following criteria:

a.

Are associated with events that have made a significant contribution to the broad patterns of our history; or

b.

Are associated with the lives of significant persons in our past; or

c.

Embody the distinctive characteristics of a type, period, or method of construction, or that represent the work of a master, or that possess high artistic values, or that represent a significant and distinguishable entity whose components may lack individual distinction; or

d.

Have yielded, or may be likely to yield, information important in history or prehistory.

E.

Exceptional importance. Contributing buildings include a select group of exceptional resources constructed outside the district's period of significance. These resources possess integrity of location, design, setting, materials, workmanship, and association, and meet one or more of the above criteria.

13.13.5. Certificate of appropriateness required. Certificate(s) of appropriateness shall be required when a material change of appearance is proposed for any property within the designated historic district/property.

13.13.6. Removal of designation of a local historic district/property.

A.

Initiation of removal. Any neighborhood association that initiated an application for designation as a local historic district, property owner (for local historic properties), or the mayor and city council, may submit a petition requesting the removal of the designation of a local historic district/property.

B.

Criteria for removing local historic district/property designation. The criteria below shall be applied by the community development director, historic preservation commission, and mayor and city council to determine whether an existing local historic district/property or any portion of such district shall have its local historic district/property designation removed. The applicant shall also detail the reasons for the proposed removal.

1.

The district/property has, or portions of such district have ceased to meet the criteria for local historic district/property designation as provided in subsection 13.13.4, criteria for designation, because the qualities which caused it to be originally designated have been lost or destroyed; or

2.

Additional information proves that the district/property does not, or portions of such district do not, meet the criteria for local historic district/property designation.

C.

Review by the historic preservation commission.

1.

Public hearing. The community development director shall schedule the public hearing and give public notice in accordance with section 13.2, public notices, that the removal of the designation as a local historic district/property or portions of such district shall be considered by the historic preservation commission.

2.

Standards and criteria. The historic preservation commission shall evaluate the petition based upon the criteria in subsection 13.13.6, criteria for removal of designation of a local historic district/property.

3.

Action by the historic preservation commission.

a.

After consideration of the review criteria required by subsection 13.13.6, criteria for removal of designation of a local historic district/property, the historic preservation commission shall provide a recommendation which shall indicate if the proposed local historic district/property designation should be:

b.

Retained;

c.

Retained with modifications; or

d.

Removed.

D.

Action by the mayor and city council. The historic preservation commission shall forward its recommendation to the mayor and city council for final action.

1.

Public hearing and public notice. The mayor and city council shall schedule the public hearing and give public notice in accordance with section 13.2, public notices.

2.

Standards and criteria. The mayor and city council evaluate the petition based upon the criteria in subsection 13.13.6, criteria for removal of designation of a local historic district/property.

3.

Action by the mayor and city council. After consideration of the review criteria required by subsection 13.13.6, criteria for removal of designation of a local historic district/property, the mayor and aldermen shall determine if the proposed local historic district designation shall be:

a.

Retained;

b.

Retained with modifications; or

c.

Removed.

E.

Notification of property owners. The owner of each designated building, structure, site, or object within the district shall receive written notification of the removal of local historic district/property designation.

13.13.7. Amendments to a contributing resources map.

A.

Initiation of amendment. The mayor and city council, community development director, historic preservation commission, or the property owner of the subject property within a designated local historic district may initiate the process of amending the contributing resources map for a local historic district.

B.

Pre-application conference. Prior to the request to amend a contributing resources map, the applicant shall participate in a pre-application conference with the community development director. The community development director shall determine whether a complete survey of the local historic district is required. The property owner may be required to complete the survey and/or provide additional information verifying that the proposed contributing resource(s) meet the designation criteria provided in subsection 13.13.6, criteria for removal of designation of a local historic district/property

C.

Amendment request. An application to amend a contributing resources map shall be submitted to the community development director including any supporting documentation requested.

D.

Review by the historic preservation commission.

1.

Public hearing. The community development director shall schedule the public hearing and give public notice in accordance with section 13.2, public notices that the revision to the contributing resources map shall be considered by the historic preservation commission.

2.

Standards and criteria. The historic preservation commission shall evaluate the request based upon the criteria in subsection 13.13.4, criteria for designation.

3.

Action by the historic preservation commission. A recommendation shall be prepared and forwarded to the mayor and city council which shall review the criteria required by subsection 13.13.4, criteria for designation, and shall make a recommendation of whether the contributing resources map should be:

a.

Approved as recommended by the community development director;

b.

Approved with modifications; or

c.

Denied.

E.

Action by the mayor and city council. The historic preservation commission shall forward its recommendation to the mayor and city council for final action.

1.

Public hearing. The mayor and city council shall schedule the public hearing and give public notice in accordance with section 13.2, public notices.

2.

Standards and criteria. The mayor and city council shall evaluate the request based upon the criteria in subsection 13.13.4, criteria for designation.

3.

Action by the mayor and city council. After consideration of the review criteria required by subsection 13.13.4, criteria for designation, the mayor and city council shall take one of the following actions:

a.

Approve the contributing resources map as recommended by the historic preservation commission; or

b.

Approve the contributing resources map with modifications; or

c.

Deny the contributing resources map.

(Ord. No. 2023-3, § 1(Exh. A), 6-20-2023)

13.14.1. Purpose. The purpose of this section is to provide a process to review certain proposed activities that would result in a material change in appearance to within a local historic district/property as specified in subsection 13.14.2, applicability, below. Approval of such change shall result in a certificate of appropriateness. The review body shall be dependent on the scope of the material change.

13.14.2. Applicability.

A.

This section shall apply only to a local historic district/property designation, as established on the historic district map.

B.

Certificate(s) of appropriateness shall be required when a material change of appearance is proposed for any property located within the designated historic district/property.

C.

A certificate of appropriateness shall be required for the following activities on properties within the historic district:

1.

New construction;

2.

A material change to the exterior appearance of any building or structure, including any alteration or addition;

3.

A material change to any contributing resources which may have an adverse impact on its structural or historic integrity;

4.

A material change to, or new construction of walls or paving;

5.

Demolition of any building or structure;

6.

Relocation of any building or structure into, within, or out of the historic district/property; and

7.

Erection, placement, or alteration of any awning or canopy.

13.14.3. Exemptions. Certificate of appropriateness is not required if the community development director determines that the work to be performed falls within the following:

A.

General exterior maintenance or minor, in-kind repairs; however, consultation with the community development director is advised to discuss the extent of the work and the maintenance method or materials to be applied prior to beginning the work;

B.

Any activity below that is not visible from a public right-of-way, with the exception of relocation or demolition;

1.

Paved pathways less than five feet wide and all sidewalks on the public right-of-way;

2.

Interior changes that do not affect the exterior of the building;

3.

The addition, modification, or removal of any vegetation, including specimen trees;

4.

The temporary boarding of openings that will not exceed 60 days; and/or

5.

Replacement or installation of new fencing or screens.

13.14.4. Demolition due to immediate threat.

A.

Demolition or alteration of any building or structure that poses an immediate threat to public health or safety due to its deteriorated condition or has been damaged or destroyed fire, wind, flood or other catastrophe may be initiated through one of the following:

1.

The owner of such building or structure requests issuance of an emergency demolition permit from the community development director with accompanying report from a Georgia-licensed structural engineer noting the deficiencies and imminent health or safety hazard.

2.

Any order for demolition in whole or in part is issued by a city official or other external agency due to a dangerous, hazardous, or unsafe condition.

B.

Inspection.

1.

As soon as practicable after the receipt of such request or order, the community development director shall arrange to have the property inspected by a city official (if it has not been already).

2.

After inspection of the building or structure and consultation, the community development director shall determine whether the condition of the building or structure represents a serious and imminent threat to public health and safety and whether there is any reasonable alternative to the immediate demolition of the building or structure which would protect public health and safety.

C.

If the community development director finds that the condition of the building or structure poses a serious and imminent threat to public health and safety and that there is no reasonable alternative to the immediate demolition of the building or structure, then they may issue an emergency certificate of appropriateness and demolition permit to the owner of the building or structure.

D.

Nothing in this section shall be inconsistent with the procedures for the demolition and/or securing of buildings and structures established by the building permit provisions.

13.14.5. Pre-application meeting. Prior to the submittal of an application for a certificate of appropriateness that will require review by the historic preservation commission, the applicant shall participate in a pre-application meeting with the community development director. If no historic preservation commission review is required, the pre-application conference is encouraged, but optional.

13.14.6. Required public hearing.

A.

Once the application has been deemed sufficient, the community development director shall determine whether the application requires review by the historic preservation commission or by the community development director.

B.

For any application requiring review by the historic preservation commission, the community development director shall schedule a public hearing and give public notice. For any application being reviewed by the community development director, public notice shall not be required.

13.14.7. Review by community development director.

A.

Administrative review responsibility. The following shall be reviewed by the community development director:

1.

Minor changes, including window and door replacement (where opening size and locations remain the same) and shutter installation;

2.

A material change to, or the new construction of walls or paving;

3.

The erection, placement, or alteration of any sign, unless such sign is exempt from review pursuant article 14, signs; and

4.

The erection, placement, or alteration of awnings, canopies, or any roofing surfaces.

5.

Proposed demolition or alteration that satisfies the requirements of subsection 13.14.4, demolition due to immediate threat.

6.

All other material change shall be reviewed by the historic preservation commission.

B.

Review criteria. The community development director shall review and take final action on any proposed certificate of appropriateness for which they have decision-making authority by applying the applicable standards and criteria below. Depending on the specific nature of the proposed material change, one or more of the standards and criteria below may apply.

1.

The design standards and visual compatibility criteria established for the district as provided in the historic guidelines.

2.

The secretary of the interior's standards and guidelines for rehabilitation, where applicable; and

3.

The relocation or demolition standards identified in subsection 13.14.9, criteria for relocation or demolition of a resource.

C.

Administrative relief. The community development director shall be permitted to grant certain adjustments as identified in section 13.9, administrative variance.

D.

Action by the community development director. For applications for which the director has decision-making authority and based on the applicable review criteria, findings shall be provided with the following action which shall indicate if the application should be:

1.

Approved as proposed by the applicant;

2.

Approved with modifications or conditions;

3.

Denied; or

4.

Referred to the historic preservation commission, at the discretion of the community development director.

13.14.8. Review by the historic preservation commission.

A.

Commission review responsibility.

1.

The historic preservation commission shall review all material changes in appearance except those that are exempted by this section or described in subsection 13.14.3, exemptions.

2.

Based on the review criteria in subsection 3.11.6, the community development director shall present the application together with a recommendation for approval, continuance, or denial to the historic preservation commission. The recommendation may include modifications and/or conditions.

3.

Final action by the historic preservation commission shall be made within 45 days of receipt of a complete application, as required by the Georgia Historic Preservation Act.

B.

Review criteria. The historic preservation commission shall review and take final action on any proposed certificate of appropriateness for which they have decision-making authority by applying the same standards used by the community development director and listed in subsection 13.14.7.B, review criteria.

C.

Action by the historic preservation commission. For applications for which the historic preservation commission has decision-making authority and after review of the criteria, the historic preservation commission shall make the final decision that the application should be:

1.

Approved as recommended by the community development director;

2.

Approved with modifications and/or conditions;

3.

Denied.

13.14.9. Criteria for relocation or demolition of a resource.

A.

Existing conditions. The historic preservation commission may authorize the demolition or relocation of a contributing resource where they find one or more of the below conditions exists:

1.

The relocation or demolition is required to alleviate an immediate threat to public health or safety;

2.

The relocation is required to avoid demolitions;

3.

The relocation or demolition is required for the public good;

4.

The relocation or demolition is required to avoid exceptional practical difficulty or undue hardship upon the owner if all of the following conditions are satisfied:

a.

The applicant has provided evidence sufficient to demonstrated that the application of the standards of this section deprives the applicant of reasonable economic return on the property; and

b.

Undue hardship is not of a person's own making.

B.

Application requirements. All applications for relocation or demolition of a contributing resource shall include the following information:

1.

A detailed explanation for the relocation or demolition and why it cannot be avoided;

2.

A report from a Georgia-licensed structural engineer with demonstrated experience in historic renovation, restoration or rehabilitation, as to the structural soundness of the contributing resource. The report shall also identify any dangerous structural conditions, including but not limited to the presence of asbestos.

3.

Relocation only. A report from a Georgia-licensed structural engineer with demonstrated experience in historic renovation, restoration or rehabilitation, as to its capacity for relocation without irreparable damage to the resource.

4.

Sufficient paperwork, such as mortgage information or fair market assessment, to support any applicant claims of potential impacts on economic returns.

13.14.10. Time limitation on certificates of appropriateness.

A.

An approved certificate of appropriateness shall be valid for 36 months from the date of approval. If the project has not commenced within 36 months from such date, the certificate of appropriateness shall be deemed void.

B.

The validity of a certificate of appropriateness may only be extended once for a period of six months by the community development director, provided there are no changes to the originally authorized scope of work, site conditions, or to any standards of this UDC that would affect the approval. The extension request may be filed no later than 60 days after the expiration date of the original approval.

13.14.11. Appeals. Final action on a certificate of appropriateness, including variances, may be appealed in accordance with section 13.11, appeals.

13.14.12. Enforcement.

A.

All work performed pursuant to an issued certificate of appropriateness shall conform to the requirements of such certificate. If work is not performed in accordance with the certificate, the community development director shall issue a stop-work order and all work shall cease in accordance with article 11, violations, penalties, enforcement.

B.

If work is performed without a certificate of appropriateness, where such is required, the community development director shall issue a stop-work order and all work shall cease in accordance with article 11, violations, penalties, enforcement.

C.

No certificate of occupancy or completion shall be issued until the community development director has verified the work was performed in compliance with the certificate of appropriateness and other applicable sections of this UDC.

D.

Where work is performed without a certificate of appropriateness, where such is required, the owner shall apply for a certificate of appropriateness within ten business days of receiving notice from the city. If the application is denied, in whole or in part, the owner shall return the denied portion of the work to its prior state within 90 days of the denial or as specified by the community development director or historic preservation commission.

(Ord. No. 2023-3, § 1(Exh. A), 6-20-2023)

13.15.1. Purpose. The purpose of this section is to provide a process for early detection of the deterioration of contributing buildings and structures within local historic districts/properties due to neglect, and to encourage proactive preservation before demolition due to neglect occurs. Neglect shall be considered work performed without a permit and subject to article 11, violations, penalties, enforcement.

13.15.2. Applicability. This section applies to all properties within a local historic district.

13.15.3. Property owner responsibility. Property owners shall maintain or cause to be maintained the exterior and structural features of their properties in accordance with the applicable property maintenance and nuisance abatement ordinances and shall not allow conditions of neglect to occur on such properties.

13.15.4. Conditions considered neglect. Conditions considered neglect are defined in the International Property Maintenance Code (IPMC) and other property maintenance ordinances adopted by the mayor and city council.

13.15.5. Process for determination of neglect. The community development director shall investigate reports of neglect and make an initial determination subject to subsection 13.15.4, conditions considered neglect. If he or she determines that any neglect exists, the owner shall be notified in writing of the determination of neglect and provided a deadline for rectification. Should the property owner(s) fail to respond within the given time frame, the neglect shall be considered work performed without a permit and the community development director shall be authorized to take appropriate action, as outlined in article 11, violations, penalties, enforcement.

13.15.6. Undue economic hardship.

A.

Application requirements. Should the property owner(s) claim undue economic hardship, the owner shall provide the following information, where possible:

1.

Nature of ownership (individual, business or nonprofit) or legal possession, custody and control;

2.

Financial resources of the owner and parties of interest;

3.

Estimated cost of repairs;

4.

Assessed value of land and improvements;

5.

Real estate taxes for the previous two years;

6.

Amount paid for the property and date of purchase;

7.

Annual debt service, if any, for previous two years;

8.

Any listing of property for sale or rent, price asked and offers received;

9.

If income producing:

a.

Annual gross income from property for the previous two years;

b.

Itemized operating and maintenance expenses for the previous two years;

c.

Annual cash flow, if any, for the previous two years.

B.

Review process. The community development director review the application and decide as to whether undue economic hardship exists.

13.15.7. Development of preservation plan.

A.

If it is determined that an undue economic hardship exists, the community development director will develop a preservation plan for the property which may include, but will not be limited to, the following:

1.

A detailed list of work to be completed to alleviate the determination of demolition by neglect;

2.

Any loans or grants available;

3.

Acquisition by purchase options;

4.

Time frame for rectification.

B.

Should the community development director find that undue economic hardship does not exist, he or she shall notify the property owner and provide a time frame for rectification.

C.

Should the property owner(s) fail to respond within the given time frame, regardless of the determination of economic hardship, the mayor and city council may cause such property to be repaired and rely on other legal remedies to recover the cost of repair.

13.15.8. Appeals. A determination of demolition by neglect and/or undue economic hardship may be appealed only by the property owner(s) in accordance with section 13.11, appeals.

(Ord. No. 2023-3, § 1(Exh. A), 6-20-2023)

13.16.1. Applicability. Should a state of emergency be declared locally or otherwise that is applicable to all or a portion of the city, the community development director shall have the authority to exempt all or portions of the UDC to support the public health, safety, and welfare of the public.

13.16.2. Criteria. Upon finding that one or more of the following are accomplished by the proposed action, the community development director may waive or alter the provisions of this chapter:

A.

Support testing, vaccinations, relief or supply centers, or other response related to the state of emergency; or

B.

Support economic development to any industry impacted by the state of emergency; or

C.

Other similar responses directly related to response to the state of emergency.

13.16.3. Limitations.

A.

These provisions are intended to provide flexibility in enforcement during a bonified state of emergency.

B.

These exemptions are not intended to circumvent the purpose and intent of this UDC for any permanent structure, use, or otherwise.

C.

Intended applications include actions like allowing the temporary erection of tents in a parking lot to support additional outdoor dining where the tent has been reviewed and approved for all life safety considerations.

(Ord. No. 2023-3, § 1(Exh. A), 6-20-2023)