A.

The purpose of the pre-application conference is to provide an opportunity for the applicant to consult with city staff for advice and assistance prior to preparation of any zoning application. This will enable the applicant to become familiar with the approval process, required documents, the comprehensive plan, and public hearing standards that may affect the proposed development.

B.

The intent of this unified development code is that all procedural and development requirements be identified during the pre-application conference. However, no person may rely upon any comment concerning a proposed development, or any expression of any nature about the proposal, made by a participant at the pre-application conference, as a representation or implication that the proposal will be ultimately approved or rejected in any form. Additionally, failure of a participant to identify any applicable requirement or condition shall not preclude the city from requiring an applicant to comply with such requirement or condition.

After the pre-application conference, the applicant shall provide the following information for a map amendment (rezoning) or special use permit:

1.

The City of Stockbridge application for zoning.

2.

Proof of ownership.

3.

When the applicant is a representative of the property owner, a notarized statement authorizing the representative to act as an agent of the property owner with regard to the application and associated procedures.

4.

Applicant campaign disclosure form (for applicant/owner, agent and/or attorney).

5.

A property survey conducted no more than five (5) years prior to the filing of the application, containing the legal description, boundaries, land area, notation whether any portion of the property is within a floodplain and existing improvements located on the site. Where two (2) or more parcels are included within a proposed development, the survey shall include all parcels that are part of the proposed development, including all phases. The survey shall be prepared and sealed by a surveyor registered in the State of Georgia. If the survey is older than five (5) years, the survey must be certified by a surveyor registered in the State of Georgia as to whether changes have or have not been made to the property.

6.

A letter of intent stating the reasons for the zoning map amendment, including a detailed description of any proposed development for which the rezoning is sought.

7.

A vicinity map indicating the location of the site proposed for development.

8.

A concept plan containing the information set forth below:

a.

Project name.

b.

Vicinity map showing zoning districts and existing land use within five hundred (500) feet of the boundaries of the site.

c.

Total area in acres and square feet.

d.

Current and proposed zoning classification, together with a summary of the applicable development standards for the proposed zoning district.

e.

Natural features, including topography at ten-foot intervals, surface drainage, surface waters, floodplains, watershed areas, groundwater recharge areas, general location of wetlands, and the general location of wooded areas.

f.

General location of existing and proposed roads and utility rights-of-way or easements.

g.

Location of existing property lines within the development site.

h.

General location of existing and proposed development by type of use.

i.

Proposed residential density and dwelling unit types, if applicable.

j.

Location of proposed open spaces, recreational areas, and public buildings and uses, indicating those areas reserved or dedicated for public use.

9.

General plan for the provision of utilities and infrastructure, including the following:

a.

A report or letter from the city or Henry County Water and Sewer Authority indicating the availability of water and sewer and a report or letter from the Henry County Environmental Health Department indicating septic suitability if sewer is not available.

10.

Architectural renderings or building plans, as determined by the community development director.

11.

Proof of payment of fees.

A.

All applications shall be complete before acceptance for review and decision-making. A determination of completeness is a determination that all required documents and plans have been submitted in sufficient number, and that all fees have been paid. A determination of completeness is not a determination of compliance with substantive standards and criteria.

B.

If the director determines that the application is not complete, the director shall send notice to the applicant identifying the deficiencies. The applicant shall have thirty (30) calendar days from the date of notice to correct the deficiencies. Until the applicant corrects the deficiencies, no further action shall be taken for processing the application. If the applicant fails to correct the deficiencies within the thirty-day period, the application shall be deemed withdrawn, and fees shall be forfeited.

C.

If the director determines that the application is complete, the application shall be processed for review and action.

(Ord. No. OR24-559, 3-4-2024)

A.

Requirements. The official zoning map may be amended by the mayor and city council on its own motion, on recommendation from the planning commission, or by approval by the mayor and city council of an application from a property owner. An adopted zoning resolution shall be an amendment to the official zoning map.

B.

Official Application. The applicant shall submit the rezoning application and associated documents as identified in subsection 9.1.2, Amendment Application.

C.

Action by the Director.

1.

The director shall make a determination of application completeness.

2.

The director shall prepare a staff report addressing the following issues, in priority:

a.

Consistency with the comprehensive plan.

b.

The relation that the proposed amendment bears to the purpose of the overall zoning scheme with due consideration given to whether or not the proposed change will help carry out the purposes of this unified development code.

c.

Potential positive effects of the amendment on the character of the proposed zoning district, a particular piece of property, neighborhood, a particular area, or the community.

d.

The physical conditions of the site relative to its capability to be developed as requested, including topography, drainage, access, and size and shape of the property.

e.

The impact upon adjacent property owners shall the request be approved.

f.

The potential impact of the proposed amendment on city infrastructure, including water and sewerage systems.

g.

The impact of the proposed amendment on adjacent thoroughfares and pedestrian and vehicular circulation and traffic volumes.

h.

The merits of the requested change in zoning relative to any other guidelines and policies for development that the planning commission and mayor and city council may use in furthering the objectives of the comprehensive plan.

i.

The capacity of the site to be developed as presently zoned.

D.

CZIM. A community zoning information meeting is required pursuant to subsection 9.2.10, Community Zoning Information Meeting (CZIM).

E.

Public Hearing. The director shall advertise for the public hearing at the mayor and city council in accordance with Section 9.3, Public Notice Requirements.

F.

Planning Commission Recommendation.

1.

The application shall be submitted to the planning commission for review at a public meeting.

2.

The planning commission shall review the application according to the published schedule.

3.

The planning commission shall submit its report with comments and recommendations according to the published schedule. The recommendations of the planning commission shall be submitted to the mayor and city council. The recommendations of the planning commission shall be of an advisory nature and shall not be binding on the mayor and city council.

4.

In making its recommendation, the planning commission may recommend approval, approval with conditions, or denial. Findings shall be set forth in official minutes of the planning commission.

G.

Mayor and City Council Action.

1.

The mayor and city council shall consider the application for rezoning at a public hearing.

2.

The mayor and city council shall consider the information set forth in the staff report and the findings and recommendations of the planning commission.

3.

In deciding upon any application for an amendment to the official zoning map, the mayor and city council may, on their own motion or upon the suggestion of the applicant, or on consideration of the recommendations of the planning commission, grant the application subject to certain conditions necessary to promote and protect the health, safety, and general welfare.

4.

The mayor and city council may include conditions of zoning which they deem necessary in order to make the requested action acceptable and consistent with the proposed uses of the district(s) involved and to further the goals and objectives of the comprehensive plan. Such conditions:

a.

Shall only be valid if they are included in the motion approving the amendment of adoption.

b.

Shall be permanent conditions of approval unless a lesser period of time is specified in the amendment.

c.

Shall be required of the property owner and subsequent owners as a condition of their use of the property.

d.

Shall be permitted and continuously enforced by the community development director in the same manner as any other provision of this unified development code.

5.

Prior to a final vote being taken upon any application for an amendment to the official zoning map for which such conditions shall be imposed, such conditions shall be announced at the public hearing and made a part of the motion to approve. If such conditions are found to be unacceptable, the applicant may withdraw or request a postponement. Upon such withdrawal, the applicant shall not be permitted to re-file the same zoning map amendment for the same property until twelve (12) months has elapsed from the date of withdrawal.

6.

If the zoning decision of the mayor and city council is for the rezoning of property and the amendment to accomplish the rezoning is defeated by the mayor and city council, then the same property shall not again be considered for rezoning until the expiration of at least twelve (12) months immediately following the defeat of the rezoning by the mayor and city council.

A.

In ruling upon any application for a zoning map amendment, or any other zoning decision, the mayor and council shall act in the best interest of the health, safety, morals, and general welfare of the city, in doing so, they will consider one (1) or more of the following standards of review which are relevant to the application:

1.

Whether the proposal is consistent and/or compatible with the city's plans, goals and objectives reflected in the city's comprehensive plan.

2.

How the proposal impacts the purposes of the overall zoning scheme, and whether the proposed change furthers the purposes of these zoning regulations. Applications for zoning amendments that do not contain specific site plans carry a rebuttable presumption that the proposed change shall adversely affect the zoning scheme.

3.

How the proposal impacts the character of the zoning district, the particular piece of property, neighborhoods, or the community.

4.

Whether the proposal creates an isolated district unrelated to adjacent properties and nearby districts.

5.

How the proposal impacts the aesthetic character of existing and future uses of the property and the surrounding area.

6.

Whether the proposal is consistent with adjacent development densities and the density patterns reflected in the comprehensive plan.

7.

How the proposal impacts the public health, safety, and general welfare.

8.

How the proposal impacts water, sewerage, other public facilities, or public services, and how the proposed amendment impacts expenditures of public funds.

9.

How the proposal impacts traffic safety and congestion.

10.

How the proposal impacts environmental conditions, including, but not limited to, drainage, soil erosion and sedimentation, flooding, air quality, water quality and quantity.

11.

How the proposal impacts the provision of adequate light and air.

12.

How the proposal impacts the value of adjacent property.

13.

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

14.

Preservation of the integrity of residential neighborhoods shall carry greater weight than other factors. Where property fronts on a major thoroughfare and also adjoins an established residential neighborhood, the factor of preservation of the residential area shall carry greater weight.

B.

After hearing evidence at the zoning hearing, the mayor and council shall apply the evidence to the standards of review in making their decision. The mayor and council are not required to consider every criterion in the standards of review. The applicant carries the burden of proof that the proposed zoning map amendment promotes the public health, safety, morality, or general welfare.

C.

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

D.

In ruling upon any petition in which the petitioner has brought a challenge to the existing zoning classification, the mayor and council shall follow these general lines of inquiry:

1.

The existing uses and zoning of the subject and surrounding property.

2.

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

3.

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

4.

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

5.

The suitability of subject property for development purposes as presently zoned.

6.

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

E.

The existing zoning classification shall be presumed to be valid; it shall be the responsibility of the applicant to present evidence to rebut this presumption.

F.

If the mayor and council determine, from the evidence presented, that the existing zoning classification is unduly burdensome to the applicant and is not offset by consideration of the public's health, safety, morals, and general welfare, and consideration of the integrity of this chapter and of the official zoning map, the mayor and council may impose any appropriate zoning classification, including allowable conditions, which might be consistent with the considerations outlined in subsection (a) of this section.

A.

Major modifications to zoning conditions include any changes to allowable uses, maximum density, maximum intensity, or compatibility requirements attached to the zoning approval as conditions of approval. The following procedure shall be followed:

1.

An application shall be submitted containing details of the amendment requested, the situation giving rise to the need for an amendment and accompanied by plans fully describing the nature and extent of the amendment.

2.

A staff report shall be prepared to address requirements listed in this section for the amended concept plan and/or zoning conditions.

3.

CZIM. A community zoning information meeting is required pursuant to Section 9.2.10, Community Zoning Information Meeting (CZIM).

4.

Public Hearing. The director shall advertise for the public hearing at the mayor and city council in accordance with Section 9.3, Public Notice Requirements.

5.

The planning commission shall review the application for an amended concept plan at a public meeting. The planning commission shall consider the application for amended conditions placed on special uses and/or variances and make a recommendation to mayor and city council according to the procedure in Section 9.2.

6.

The mayor and city council shall consider the application for amended zoning conditions and/or concept plan at a public hearing according to the procedures in Section 9.4.

B.

Minor modifications include changes to dimensional design features as depicted on a concept plan. Such dimensional design features as provided on a development plan shall generally conform to the conditions depicted on the concept plan but shall be allowed to vary so long as the director determines that the development plan is generally consistent with the concept plan conditions. The following information shall be provided:

1.

The development plan shall be accompanied by a detailed description of the site design features depicted on the development plan that differ from the concept plan.

2.

The description of the modifications shall also include an explanation of the need for the modification.

3.

The development plan application will be processed as set forth in Section 8.4.

C.

Requests to modify approved development plans may be approved by the director as set forth below:

1.

An application shall be submitted containing details of the amendment requested, the situation giving rise to the need for an amendment and accompanied by plans fully describing the nature and extent of the amendment.

2.

Review by the director shall follow the same procedures and address the same issues as for the original application.

A.

Requirements. An application for a special use permit can be submitted by a property owner.

B.

Official Application. The applicant shall submit the rezoning application and associated documents as identified in subsection 9.1.2, Amendment Application.

C.

Action by the Director.

1.

The director shall make a determination of application completeness.

2.

The director shall prepare a staff report addressing the following issues, in priority:

a.

The proposed use shall not cause traffic congestion or conditions that will adversely affect nearby properties.

b.

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

c.

Adequate public facilities are available to serve the proposed use.

d.

The applicant has made a binding agreement for any specific limitations or conditions necessary to protect the public interest and assure the continued beneficial use and enjoyment of nearby properties or that no special limitations are necessary to protect the public.

e.

The special use with specific limitations and design features as may have been required will further the aims of the comprehensive plan and will not be unduly detrimental to nearby properties.

D.

CZIM. A community zoning information meeting is required pursuant to Section 9.2.10, Community Zoning Information Meeting (CZIM).

E.

Public Hearing. The director shall advertise for the public hearing at the mayor and city council in accordance with Section 9.3, Public Notice Requirements.

F.

Planning Commission Recommendation.

1.

The application shall be submitted to the planning commission for review at a public hearing.

2.

The planning commission shall review the application according to the published schedule.

3.

The planning commission shall submit its report with comments and recommendations according to the published schedule. The recommendations of the planning commission shall be submitted to the mayor and city council. The recommendations of the planning commission shall be of an advisory nature and shall not be binding on the mayor and city council.

4.

In making its recommendation, the planning commission may recommend approval, approval with conditions, or denial. Findings shall be set forth in official minutes of the planning commission.

G.

Mayor and City Council Action.

1.

The mayor and city council shall consider the application for special use permit at a public hearing.

2.

The mayor and city council shall consider the information set forth in the staff report and the findings and recommendations of the planning commission.

3.

In deciding upon any application for a special use permit, the mayor and city council may, on their own motion or upon the suggestion of the applicant, or on consideration of the recommendations of the planning commission, grant the application subject to certain conditions necessary to promote and protect the health, safety and general welfare.

4.

The mayor and city council may include conditions of zoning which they deem necessary in order to make the requested action acceptable and consistent with the proposed uses of the district(s) involved and to further the goals and objectives of the comprehensive plan. Such conditions:

a.

Shall only be valid if they are included in the motion approving the amendment of adoption.

b.

Shall be permanent conditions of approval unless a lesser period of time is specified in the amendment.

c.

Shall be required of the property owner and subsequent owners as a condition of their use of the property.

d.

Shall be permitted and continuously enforced by the community development director in the same manner as any other provision of this unified development code.

Prior to a final vote being taken upon any application for a special use permit for which such conditions shall be imposed, such conditions shall be announced at the public hearing and made a part of the motion to approve. If such conditions are found to be unacceptable, the applicant may withdraw or request a postponement. Upon such withdrawal, the applicant shall not be permitted to re-file the same zoning map amendment for the same property until one (1) year has elapsed from the date of withdrawal.

7.

If the zoning decision of the mayor and city council is for a special use permit and the application is defeated by the mayor and city council, then the same property shall not again be considered for a special use permit until the expiration of at least twelve (12) months immediately following the defeat of the special use permit by the mayor and city council.

A.

In the interest of the public health, safety and welfare, the city council may exercise limited discretion in evaluating the site proposed for a use which requires a use permit. In exercising such discretion pertaining to the subject use, the city council shall consider each of the following:

1.

Whether the proposed use is consistent with the comprehensive land use plan adopted by the city council;

2.

Compatibility with land uses and zoning districts in the vicinity of the property for which the use permit is proposed;

3.

Whether the proposed use may violate local, State and/or Federal statutes, ordinances or regulations governing land development;

4.

The effect of the proposed use on traffic flow, vehicular and pedestrian, along adjoining streets;

5.

The location and number of off-street parking spaces;

6.

The amount and location of open space;

7.

Protective screening;

8.

Hours and manner of operation;

9.

Outdoor lighting; and

10.

Ingress and egress to the property.

B.

In granting such permits, conditions may be attached as are deemed necessary in the particular case for the protection or benefit of neighbors to ameliorate the effects of the proposed development/use.

This unified development code may be amended by the mayor and city council on its own motion. Otherwise, a complete application packet shall be required as described below:

A.

An application to amend the text of the unified development code shall be submitted on forms provided by the city.

B.

The application shall include the following information:

1.

Identification of the specific provision proposed for amendment;

2.

The proposed modifications in a strikethrough and underline format;

3.

A detailed explanation of the rationale and justification for the requested amendment; and

4.

A detailed explanation of the potential impacts of the modification on the development of the City of Stockbridge;

C.

The director shall prepare a staff report analyzing the proposed amendment and recommending approval, denial, or approval with modifications. The staff report shall address the following issues:

1.

Consistency of the amendment with the comprehensive plan.

2.

Potential impacts on the character and quality of development in the city and any affected zoning districts.

3.

Potential impacts on the provision of infrastructure and improvements.

4.

The merits of the proposed amendments relative to any guidelines, policies, or programs adopted in furtherance of the comprehensive plan.

D.

Public Hearing. The director shall advertise for the public hearing at the mayor and city council in accordance with Section 9.3, Public Notice Requirements.

E.

The planning commission shall consider the proposed amendment to the unified development code at its regularly scheduled public meeting.

1.

The planning commission shall evaluate the proposed amendment, considering the issues and recommendations contained in the staff report.

2.

The planning commission shall make a recommendation to the mayor and city council for approval, approval with further modifications, or denial.

F.

The mayor and city council shall consider the proposed amendment at a public hearing conducted as set forth in Section 6.4.

1.

The mayor and city council shall consider the information set forth in the staff report and the recommendations of the planning commission.

2.

The mayor and city council may approve, approve with modifications, or deny the proposed amendment to the unified development code.

The comprehensive plan may be amended by the mayor and city council on its own motion. Otherwise, a complete application packet shall be required as described below.

A.

An application to amend the text or maps of the comprehensive plan shall be submitted on forms provided by the city.

B.

The application shall include the following information:

1.

Identification of the specific provision proposed for amendment.

2.

The proposed modifications in a strikethrough and underline format.

3.

A detailed explanation of the rationale and justification for the requested amendment.

4.

A detailed explanation of the potential impacts of the modification on the development of the City of Stockbridge.

C.

The director shall prepare a staff report analyzing the proposed amendment and recommending approval, denial, or approval with modifications.

D.

Public Hearing. The director shall advertise for the public hearing at the planning commission and the mayor and city council in accordance with Section 9.3, Public Notice Requirements.

E.

The planning commission shall consider the proposed amendment to the comprehensive plan at a public meeting.

1.

The planning commission shall evaluate the proposed amendment, considering the issues and recommendations contained in the staff report.

2.

The planning commission shall make a recommendation to the mayor and city council for approval, approval with further modifications, or denial.

F.

The mayor and city council shall consider the proposed amendment at a public hearing conducted as set forth in Section 6.4.

1.

The mayor and city council shall consider the information set forth in the staff report and the recommendations of the planning commission.

2.

The mayor and city council may approve, approve with modifications, or deny the proposed amendment to the comprehensive plan.

A.

Purpose. The purpose of the community zoning information meeting (CZIM) requirement is to help educate applicants and neighbors about one another's interests, to attempt to resolve issues in a manner that respects those interests, and to identify unresolved issues.

B.

Applicability. CZIMs are applicant-initiated meetings required to be held for any applicant-initiated decisions as required by this chapter. They are encouraged in all cases.

C.

Written Notice. The applicant or their representative is responsible for completing all requirements of this section. Written notice is required for all CZIMs and shall be sent via first class mail to the owners of all residentially zoned property adjacent to the boundaries of the subject property, as those property owners are listed on the tax records of Henry County. The notices shall be mailed at least ten (10) days before the date of the CZIM. Written notices shall indicate the nature of the application, the street address of the subject property, and the date, time, place and purpose of the meeting.

D.

CZIM. The applicant shall host a meeting, either virtual or in-person, that is accessible to the general public.

E.

Summary Report. The applicant shall host the meeting and submit a summary of the CZIM prior to the public meeting before the planning commission. The summary report shall describe:

1.

Efforts to notify neighbors about the meeting date, time, and location (how and when notification occurred, and who was notified);

2.

Meeting location, date, and time;

3.

Who was involved in the discussions;

4.

Suggestions and concerns raised by neighbors; and

5.

What specific changes to the proposal were considered and/or made as a result of the meeting.

(Ord. No. OR24-559, 3-4-2024)

All hearings of the mayor and city council which involve annexation, zoning map amendments, amendment of the unified development code, special use permits, major modifications of zoning conditions and/or master plans, appeals, 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. Planning commission meetings shall be open to the public but are not required to be public hearings.

A.

Notice shall be provided by the city for public meetings and hearings regarding the following actions:

1.

Amendment of the official zoning map;

2.

Special use permits;

3.

Amendment of unified development code;

4.

Major modification of zoning conditions and/or master development plans; and

5.

Variances.

B.

All required public notices shall include the following information:

1.

Date and time of the public meeting or public hearing;

2.

Place of the public meeting or public hearing;

3.

Location of the property being considered;

4.

Purpose of the requested action; and

5.

For requests to amend the official zoning map, the notice shall include the current and proposed zoning district.

Upon receipt of a completed application, fees, and other information required by this chapter or Chapter 8, the community development director shall cause notice of such application to be published within a newspaper of general circulation within the territorial boundaries of the City of Stockbridge, at least thirty (30), but not more than forty-five (45), calendar days prior to the date of the public hearing.

A.

The city shall provide standardized signs for posting to provide public notice of meetings and hearings.

B.

Sign(s) shall be posted as follows:

1.

The sign(s) shall be posted in a conspicuous location on the property.

2.

The sign(s) shall be posted not less than thirty (30), and not more than forty-five (45), calendar days prior to the date of the public hearing.

3.

If the property proposed for rezoning does not have frontage on a public street, then the sign may be posted on the right-of-way of the nearest public street that provides access to the site.

C.

Any city-initiated request shall be exempt from these posted notice requirements of this section unless otherwise required by the State statute referenced in Section 9.3.5, Additional Notice Required.

Mailed notice shall be provided to all adjacent property owners that share a boundary line with the subject property, including those across public rights-of-way, at least thirty (30), but not more than forty-five (45), calendar days prior to the date of the public hearing for all variances, special uses, modifications, and amendments to the official zoning map (rezoning). Additionally, notice shall be sent to the subject property owner(s). Said adjacent property owner notices shall be mailed by the applicant, and the applicant shall provide the community development director proof of mailing.

When any of the following actions are proposed, reference the Georgia Zoning Procedures Law, O.C.G.A. § 3666-1 et seq., for additional 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.

Annexation.

(Ord. No. OR24-559, 3-4-2024; Ord. No. OR24-561, § 1, 3-26-2024)

The following rules of procedure in compliance with O.C.G.A. § 36-66-5 shall govern public hearings before the planning commission and the mayor and city council:

A.

Each person speaking before mayor and council shall identify him or herself by name, address, and state whether the applicant is owner or agent for the owner.

B.

Each applicant or other interested party who submits documents at the hearing shall have each document numbered and shall identify each document. Each document submitted shall be made a part of the official record of the hearing.

C.

Time Allotted for Testimony.

1.

Each applicant shall have ten (10) minutes to present data, evidence, and opinions pertinent to the application. A portion of this time may be saved for rebuttal.

2.

Persons in opposition to rezoning of property or amendment to the zoning ordinance shall have a total of ten (10) minutes to address the board. Each person shall provide the development director with his or her name and address.

3.

Additional time may be granted equally to the applicant and opponents at the discretion of the mayor or the chair of the planning commission.

D.

At the conclusion of a hearing by the planning commission, the board chair shall announce its recommendation, as required, and instruct the development director to notify the applicant of such decision or recommendation in writing. The notification shall be made a part of the record on the date written notification is given to the applicant.

E.

At the conclusion of a hearing by mayor and council, the mayor and council may take the following actions:

1.

Approve the application.

2.

Approve the application with conditions.

3.

Deny the application.

4.

Continue or postpone their deliberations for rendering their decision to a date certain.

5.

Remand matters to the planning commission for additional review and recommendation if the natural of the request has substantially changed.

Mayor and city council shall announce its decision and instruct the community development director to notify the applicant of the decision in writing. The written notification shall immediately be entered on the minutes and made a part of the record on the date such written notification is given to the applicant.

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 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.

Annexation.

(Ord. No. OR24-559, 3-4-2024)

A.

A proposed development that meets or exceeds the thresholds established by the Georgia Department of Community Affairs (DCA), Atlanta Regional Commission (ARC), and Georgia Regional Transportation Authority (GRTA) for a Development of Regional Impact (DRI) shall be reviewed according to the procedures in Chapter 110-12-3, Rules of the Department.

B.

When a development meeting the threshold standards established by the DCA, ARC, and GRTA is proposed, the city shall take no action (including actions by the director, planning commission, or mayor and city council) concerning the development until the DRI review process is completed.

C.

Upon receipt of a request for action related to a project that meets or exceeds the thresholds established for that development category, the City of Stockbridge may request that the applicant submit additional information about the project using forms available from DCA.

D.

Upon a determination that the proposed development is not a DRI, the city may process applications concerning procedures set forth in this unified development code.

E.

Upon conclusion of the DRI review, the city may continue with review and decision-making procedures as set forth in this unified development code.

1.

The city is encouraged to include the public finding and comments regarding the proposed DRI project in considering actions on the application for project approval.

2.

Where the project received a negative public finding and the city approves the project, the city shall notify the DCA, indicating any conditions that have been placed on the project to mitigate the negative finding.

3.

The director shall submit applications for DRI review to the DCA.

(Ord. No. OR24-559, 3-4-2024)

Property annexed from Henry County into the city shall be automatically zoned by the city through the operation of this section for the same use for which the property was zoned immediately prior to annexation, so long as the city and county zoning ordinances share a common zoning classification for such use. As provided under O.C.G.A. § 36-66-4(e), a zoning action taken pursuant to this section shall exempt the city from the notice and public hearing requirements of the Zoning Procedure Law, O.C.G.A. § 36-66-1 et seq., and the zoning amendment procedures under this Code. Property which was zoned pursuant to this section may later be rezoned upon compliance with the requirements of the Zoning Procedure Law, O.C.G.A. § 36-66-1 et seq., and the zoning amendment procedures under this Code.

(Ord. No. OR24-559, 3-4-2024)

A.

Applicability. The waiver permits specified minor deviations from the zoning ordinance, as provided in the various articles of this Code and as consistent with the guiding principles of this Code. Waivers are intended to relieve practical difficulties in complying with the strict requirements of this Code. Waivers are not intended to relieve specific cases of financial hardship, nor to allow circumventing of the intent of this Code. There are two (2) tiers of waiver requests defined herein.

B.

Authorized Waiver Requests.

1.

Tier 1: Tier 1 waivers are minor in nature and intended to solve minor issues that arise from the application of the Code during building and site design and development.

a.

Reduce width of any dimensional standard for any architectural standard in Section 4.4 by up to twenty percent (20%).

b.

Reduce width of any dimensional standard for any street or streetscape standard by up to twenty percent (20%), but in no case shall the sidewalk be reduced to less than four (4) feet wide.

c.

Reorder the landscaped strip, sidewalk, and building zones or relocate improvements and amenities among them (e.g., relocate trees to building zone).

d.

Allow changes in frequency of improvements in the landscaped strip, sidewalk, and building zones in Section 4.5 by up to twenty percent (20%) (e.g., increase the separation of bicycle racks from two hundred fifty (250) to three hundred fifty (350) feet).

2.

Tier 2: Tier 2 waivers are more significant requests that would result in a more substantial departure from the Code requirements.

a.

Reduce width of any dimensional standard for any street or streetscape standard any amount.

b.

Reduce, alter, or eliminate any standards in Section 4.4.

c.

Reduce, alter, or eliminate any standards in Section 4.5.

d.

Reduce, alter, or eliminate any standards in Section 4.6.

e.

Reduce, alter, or eliminate any standards in Section 4.7.

f.

Reduce, alter, or eliminate any standards in Section 4.8.

C.

Authority to File. Applications for waivers may be filed by the owner of the subject property or the property owner's authorized agent.

D.

Pre-application Meeting. A pre-application meeting with the community development department is required for all waiver requests.

E.

Tier 1 and Tier 2 Notice.

1.

Tier 1 Waivers.

a.

Posted notice (signs) shall be posted for a minimum of ten (10) days before a decision is rendered and in a conspicuous place on the subject property to notify the public of a request for a Tier 1 waiver.

b.

Each notice shall provide the following information:

i.

Purpose of request.

ii.

Location of property.

c.

Members of the public wishing to support or oppose a request for Tier 1 waiver shall file their comments in writing with community development department. The deadline for acceptance of comments is ten (10) days after notice was posted.

2.

Tier 2 Waivers. Tier 2 waivers require a public hearing.

a.

Each notice shall provide the following information:

i.

Time of hearing.

ii.

Place of hearing.

iii.

Purpose of request.

iv.

Location of property.

v.

Present zoning.

b.

Newspaper Notice. Newspaper notice shall be published at least thirty (30) days, but not more than forty-five (45) days, before the date of the mayor and city council public hearing.

c.

Posted Notice. Posted notice (signs) shall be posted at least thirty (30) days, but not more than forty-five (45) days, before the date of the mayor and city council public hearing.

F.

Decision-Making Process.

1.

Tier 1 Waivers.

a.

Upon receipt of a complete Tier 1 waiver application, the community development department shall review the proposal and prepare an analysis.

b.

At least thirty (30) days from the submittal of a complete application, the community development director shall act to approve the Tier 1 waiver, approve the Tier 1 waiver with conditions, or deny the Tier 1 waiver based on the applicable review and approval criteria [of this section]. The community development director is also authorized to allow the applicant to withdraw the Tier 1 waiver without prejudice.

2.

Tier 2 Waivers.

a.

Staff Review. Upon receipt of a complete Tier 2 waiver application, the community development department shall review the proposal and prepare an analysis and recommendation for consideration by the planning commission.

b.

Planning Commission Recommendation. The planning commission shall hold a public meeting on the Tier 2 waiver application. The planning commission shall act to recommend that the Tier 2 waiver be approved, approved with conditions, or denied based on the applicable review and approval criteria of this section. The planning commission may also recommend deferral of the application, or, upon request of the applicant, withdraw of the application without prejudice.

c.

Mayor and Council Decision. Upon receipt of a recommendation from the planning commission, the mayor and city council shall review the Tier 2 waiver application. The mayor and city council shall act to approve the Tier 2 waiver, approve the Tier 2 waiver with conditions, or deny the Tier 2 waiver based on the applicable review and approval criteria of this section. The mayor and city council is also authorized to withdraw the Tier 2 waiver without prejudice.

G.

Review and Approval Criteria. The community development director may authorize Tier 1 waivers, and the council may authorize Tier 2 waivers from the provisions of this zoning ordinance based on consideration of the following criteria:

1.

Features such as topography, high frequency transmission lines, existing trees of specimen or significant quality, underlying rock, or other condition outside the owner's control to the extent that strict adherence to said requirements would be unreasonable and not consistent with the purposes and goals of this Code;

2.

Alternative streetscape or building/facade design configurations are provided; and

3.

Proposal will not result in any detriment to the public good, including, without limitation, detriment to the interest of the public, and will not result in any harm to the health, safety or general welfare of the city and its citizens.

H.

Successive Applications. If a waiver application is denied, an application to waive the same zoning ordinance provision for the same portion of the subject property may not be resubmitted for one (1) year from the date of the denial.

I.

Appeals. See Section 10.3 for Tier 1 waivers and Section 10.4 for Tier 2 waivers.

J.

Amending Conditions of Approval. A request for changes in conditions of approval attached to an approved waiver shall be processed as a new waiver application in accordance with the procedures of this division, including the requirements for fees, notices, and hearings.

(Ord. No. OR24-559, 3-4-2024)