The governing body may from time to time amend the number, shape, boundary or area of any district, or may amend any regulation pertaining to any district; or may amend any article or section of these regulations. The procedure for amending these regulations shall be as provided in this article.

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

The governing body or the planning commission may at any time file, in its own name, an application for amendment to the text of the zoning regulations or the official zoning map, except that if a zoning decision of the governing body is for the rezoning of property and the amendment to the zoning ordinance and map to accomplish the rezoning is defeated by the governing body, then the same property may not again be considered for rezoning until the expiration of at least six (6) months immediately following the defeat of the rezoning by the governing body.

A property owner or subsequent property owner shall not initiate action for a map amendment, conditional use permit, certificate of appropriateness or variance affecting the same or any portion of property more often than once every twelve (12) months from the date of any previous decision rendered by the governing body; provided, however, that a property owner may petition for the alteration, modification or deletion of conditions of zoning in accordance with the provisions of this article.

A property owner or subsequent property owner shall not initiate action for a text amendment affecting the same or any portion of property more often than once every twelve (12) months from the date of any previous denial rendered by the governing body.

Any petition for an amendment to the zoning regulations, official zoning map, conditional use approval, or variance may be withdrawn, at the discretion of the person or agency initiating such a request, at any time prior to final action by the governing body upon written notice to the zoning administrative officer. Any required application fees shall be refunded to the applicant only if such application has not been prepared and submitted for advertisement as determined by the zoning administrative officer.

Application materials specified in this section shall be required for the following petitions: amendments to the official zoning map, alterations or extensions of conditional zoning, conditional use permits, development plan approvals within the Planned Unit Development (PUD) district, and variances or appeals to the board of zoning appeals. Said requirements do not apply to applications for a certificate of appropriateness.

1.

An application form furnished by the zoning administrative officer; and

2.

A legal description of the property to be considered in the application. The legal description shall be by metes and bounds unless an alternative legal description is accepted by the zoning administrative officer. Boundary surveys of the property should be submitted with the application whenever available; and

3.

A letter of intent which describes general characteristics of the proposed development such as type and time frame of development, background information in support of such application, and any other information deemed pertinent by the applicant. For variance applications, the letter of intent shall address the criteria specified in section 1706 of these regulations. For zoning map amendment applications, the letter of intent shall address the standards specified in section 1907 of these regulations. For conditional use permit applications, the letter of intent shall address the standards specified in section 1908 of these regulations.

4.

A site plan with all information specified in section 1906 except that zoning map amendment applications for R-I zoning shall not require a site plan. Unless otherwise noted in the approval, the site plan submitted in support of an approved application shall be considered a part of the approval and must be followed.

5.

A fee for said application as established by the governing body from time to time.

6.

Applications which require action by the governing body shall also require disclosure of any conflicts of interest as specified in chapter 67A of the Georgia Code, "Conflict of Interest in Zoning Actions."

Applicants shall submit three (3) copies of any required site plans, development plans, and letters of intent to the zoning administrative officer for distribution to the applicable bodies and/or review agencies. The zoning administrative officer may require more or less copies depending on the nature and extent of required review.

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

1.

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

2.

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

3.

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

4.

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

5.

Building setbacks, buffers, landscape strips, and tree protection zone.

The applicant, staff, planning commission and governing body should review an application for zoning map amendment with regard to the following criteria:

1.

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

2.

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

3.

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

4.

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

5.

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

6.

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

7.

The zoning history of the subject property.

8.

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

9.

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

The staff, planning commission and governing body may consider other factors deemed relevant before formulating recommendations and taking action on a particular request.

The applicant, staff, planning commission and governing body should review applications for conditional uses with regard to the following criteria:

1.

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

2.

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

3.

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

4.

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

5.

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

6.

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

7.

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

8.

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

9.

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

10.

The proposed use is consistent with the goals and objectives of the comprehensive plan of the Town of Tallulah Falls.

The staff, planning commission and governing body may consider other factors deemed relevant before formulating recommendations and taking action on a particular conditional use application.

(a)

This section shall apply to all applications for amendments to the text of the zoning regulations, amendments to the official zoning map, petitions for variances and appeals to the board of zoning appeals, requests for conditional use approval, requests for alteration or extension of conditional zoning, and petitions for development approval for property within the PUD, Planned Unit Development district. Quasi-judicial decision means the exercise of delegated, quasi-judicial zoning powers including hearing appeals on administrative decisions by officers, boards or agencies and hearing and rendering decisions on applications for variances, special administrative permits, special exceptions, conditional use permits, or other similar permits pursuant to standards for the exercise of such quasi-judicial authority adopted by the Town.

(b)

The governing body shall hold a public hearing on all rezoning applications. Notice of the public hearing shall be published in a newspaper of general circulation within the town no less than fifteen (15) and no more than forty-five (45) days prior to the date of hearing. The notice shall include the time, place and date of hearing along with the purpose of the hearing.

(c)

If a rezoning is initiated by a party other than the town, the public notice of hearing shall also include the location of the property to be rezoned, the present zoning classification, and the proposed zoning classification.

(d)

For rezonings initiated by a party other than the town, there shall also be posted on the property in a prominent location, a sign containing all of the information required in the public notice not less than fifteen (15) days prior to the date of hearing.

(e)

The governing body shall hold a quasi-judicial hearing on all quasi-judicial zoning decisions, as defined in subsection (a) above. Notice of the public hearing shall be published in a newspaper of general circulation within the town no less than thirty (30) prior to the quasi-judicial hearing. The notice shall include the time, place and date of hearing along with the purpose of the hearing. Notice of the hearing shall also be mailed at least thirty (30) days prior to the public hearing to the owner of the property that is the subject of the proposed action. Such notices shall include the application number (if any number is assigned), date, time, location, and purpose of the public hearing. In addition to circulation of the above notices, the Town shall post a sign, or several signs, if required, in the most conspicuous place or places, on the property affected. Each sign shall be no less than 12 square feet in area and shall contain information as to the relief requested and the date and time of hearing before the planning and zoning board.

(f)

Procedural guidelines shall be available for distribution to the general public.

(g)

Any proposed action that includes zoning decisions for rezoning of property or variance or conditions concurrent with a rezoning or special use shall only require one hearing pursuant to O.C.G.A. § 36-66-4(a).

(h)

Public hearings may be delayed, rescheduled or continued at another time and date, provided announcement is given at the time and place of the initially scheduled and advertised public hearing, and provided such date, time and location of the public hearing to be delayed, rescheduled or continued is given. If the applicant of a petition before the planning commission or governing body fails to attend the public hearing, then the planning commission or governing body may require re-advertisement of the subject petition at the expense of the applicant. If there is no quorum of the planning commission or governing body at the scheduled public hearing, then the public hearing(s) shall be rescheduled and re-advertised at the Town of Tallulah Falls' expense.

(i)

Procedures for zoning decisions as defined in O.C.G.A. § 36-66-3(4) that amend zoning classifications or definitions related to single-family residential uses so as to authorize multifamily uses on the subject property pursuant to such classifications or definitions shall be in accordance with the following stated procedures:

(1)

Notwithstanding any other provisions to the contrary, when a proposed zoning decision relates to an amendment of the zoning ordinance to revise one or more zoning classifications or definitions relating 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, such zoning decision must be adopted in the following manner:

a.

The zoning decision shall be adopted at two regular meetings of the board of commissioners making the zoning decision, during a period of not less than 21 days apart; and

b.

Prior to the first meeting provided for in subparagraph (a) of this section, at least two (2) public hearings shall be held on the proposed action. Such public hearings shall be held at least three (3) months and not more than nine (9) months prior to the date of final action on the zoning decision. Furthermore, at least one of the public hearings must be held between the hours of 5:00 p.m. and 8:00 p.m. The hearings required by this paragraph shall be in addition to any hearing required under section 1909 of this Code. The local government shall give notice of such hearing by:

i.

Posting notice on each affected premises in the manner prescribed by section 1909 of this Code; provided, however, that when more than 500 parcels are affected, in which case posting notice is required every 500 feet in the affected area; and

ii.

Publishing in a newspaper of general circulation within the territorial boundaries of the town a notice of each hearing at least 15 days and not more than 45 days prior to the date of the hearing. Both the posted notice and the published notice shall include a prominent statement that the proposed zoning decision relates to or will authorize multifamily uses or give blanket permission to the property owner to deviate from the zoning requirements of a single-family residential zoning of property in classification previously relating to single-family residential uses. The published notice shall be at least nine column inches in size and shall not be located in the classified advertising section of the newspaper. The notice shall state that a copy of the proposed amendment is on file in the office of the clerk or the recording officer of the local government and in the office of the clerk of the superior court of the county of the legal situs of the local government for the purpose of examination and inspection by the public. The local government shall furnish anyone, upon written request, a copy of the proposed amendment, at no cost.

(j)

The provisions of this subsection shall also apply to any zoning decisions that provide for the abolition of all single-family residential zoning classifications within the territorial boundaries of the town or zoning decisions that result in the rezoning of all property zoned for single-family residential uses within the territorial boundaries of the town to multifamily residential uses of property.

(k)

This subsection shall not apply to zoning decisions for the rezoning of property from a single-family residential use of property to a multifamily residential use of property when the rezoning is initiated by the owner or authorized agent of the owner of such property.

(Ord. No. 23-03, § 1, 7-13-2023)

The zoning administrative officer will, as appropriate, customarily submit to the recommending and/or decision making body, prior to a scheduled public hearing, copies of the site plan and letter of intent along with a written recommendation for approval, disapproval, deferral, withdrawal or other recommendation. Said recommendation shall include reasons for said recommendations, considered within the context of the appropriate criteria as specified by these regulations. The recommendations of the zoning administrative officer shall have an advisory effect only and shall not be binding on the governing body. Copies of the zoning administrative officer's recommendations, if prepared, shall be made available to the applicant and other interested parties upon completion and distribution to the appropriate bodies and at the public hearing.

Prior to the public hearing held by the governing body, the planning commission shall hold a public hearing on all applications for amendment to the text of the zoning regulations, amendments to the official zoning map, conditional use permit applications, petitions for alteration or extension of conditional zoning, requests for development plan approval within the PUD, Planned Unit Development district, and variances and appeals.

After completing its studies of the particular petition, the planning commission shall submit a recommended action in writing to the governing body. The planning commission may submit any additional report it deems appropriate. The recommendations of the planning commission shall have an advisory effect only and shall not be binding on the governing body. Copies of the planning commission's recommendations and reports shall be made available to the applicant and other interested parties upon completion and distribution to the governing body and at the public hearing before the governing body.

The planning commission shall have thirty (30) days from the date of the first public hearing within which to submit its recommendation(s). The governing body shall not take action on any of said applications, until it has received the recommendation(s) of the planning commission within the specified time period. If the planning commission fails to submit a recommendation within the time period specified herein, it shall be deemed to have not made a recommendation for or against the application, and the fact that no recommendation was made by the planning commission under such circumstances shall not be construed or interpreted to mean that the planning commission impliedly recommended approval or denial of said application.

(Ord. of 1-6-2022(2), § 1)

All public hearings regarding applications considered by the board of zoning appeals, planning commission and governing body shall be held in accordance with any procedures adopted by said body and, in addition, shall be governed by the following procedure:

1.

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

2.

The zoning administrative officer will present a description of the proposed application, any applicable background material, his/her recommendation regarding action on said application as appropriate, and the recommendations and reports of the planning commission as appropriate.

3.

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

4.

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

5.

The petitioner shall have an opportunity for summary remarks and rebuttal concerning the proposed application.

6.

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

7.

All public comments having been heard, the members of the body considering the application may discuss the request among themselves. During this discussion period, the members of the body may call on the petitioner or other interested parties to clarify points made previously or to answer questions. Said petitioner or interested parties may respond upon recognition.

After the public hearing has been completed, the governing body may take action to approve or deny the request, refer the application back to the zoning administrative officer or planning commission for further study, or the governing body may table or defer action until a later meeting. The board of zoning appeals, after the public hearing has been completed, may take action to approve or deny the request, or defer action until a later meeting.

The zoning administrative officer and planning commission may recommend, and the governing body may approve, applications for zoning map amendments, conditional use permits, and applications for development approval within the PUD, Planned Unit Development district, subject to certain conditions, provided that said conditions are set forth in the ordinance regarding approval of such application. Said conditions of approval may reduce the number or type of permitted uses, limit the nature or scope of permitted uses, restrict certain activities on the property, restrict the number and kind of improvements which can be made on the property, stipulate specific acts which the property owner will perform, or any other conditions directly related to the physical use of land and which are designed to render the proposed zoning or use compatible with nearby properties. Applications for alteration or extension of conditional zoning shall be made in accordance with the requirements of this article.

If, after twenty-four (24) months from the date the governing body approves a map amendment or conditional use permit, action has not been taken to utilize the property, pursuant to such conditions, such as securing a development permit, the approval shall expire. The governing body shall, by official action, cause the conditional use approval to expire or the zoning district to revert to the district classification assigned to the property immediately prior to the approval.

The zoning administrative officer shall notify all property owners in question of pending action to rescind or revoke approvals, and such notice shall be by certified mail, dated at least fifteen (15) days prior to the date of the governing body's scheduled meeting, and directed to the owner's address as it appears on the tax rolls of the governing body.

Prior to notification by the zoning administrative officer of any reversion of approval, the owner of the property in question may petition the governing body for a modification or extension of zoning or conditional use approval. Any such extension shall be valid for twenty-four (24) months from the date of approval. Only one (1) such extension shall be permitted.

Applications for amendments to the text of the zoning regulations, zoning map amendments, alterations or extensions of conditional zoning, conditional use permits, and development within the PUD, planned unit development district, require approval by the governing body before development may be initiated or before such application is made effective. Applications for variances and appeals shall require approval by the board of zoning appeals before development may be initiated or before such application is made effective.

The date of all approved amendments to the text of the zoning ordinance shall be indicated on the title/cover page of the text, and any sections within the zoning ordinance text hereafter amended or repealed shall be so indicated by an asterisk (*,**,***, etc.) and concurring footnote providing the date such amendment was approved. All such text amendments shall be incorporated within the text without unreasonable delay.

(a)

Any aggrieved party shall have 30 days from the date of written notification to file an appeal from the council's decision with the Superior Court of Habersham or Rabun County. The appeal should be filed with the Superior Court of the County in which the property at issue is located.

1.

Appeals of zoning decisions as defined by O.C.G.A. § 36-66-3(4) shall be appealed pursuant to O.C.G.A. § 36-66-5.1(a)(1) and shall be filed with the Superior Court of Habersham or Rabun County within 30 days of the date of the decision to be appealed.

2.

Appeals of quasi-judicial decisions as defined by O.C.GA. § 36-66-3(1.1) shall be appealed pursuant to O.C.G.A. § 36-66-5.1(a)(2) and shall be filed with the Superior Court of Habersham or Rabun County within 30 days of the date of the decision to be appealed.

(Ord. No. 23-03, § 1, 7-13-2023)

1.

In order to comply with O.C.G.A. § 36-66-5.1(c), the mayor is authorized to issue certiorari bonds and certificates of costs upon confirmation with town staff that such approvals are appropriate.

2.

For purposes of certiorari proceedings, the mayor is authorized to accept service on behalf of the respondent. The mayor is authorized to accept service of process on behalf of the Town of Tallulah Falls as opposite party.

(Ord. No. 23-03, § 1, 7-13-2023)