This article describes the process through which a rezoning or special use may be approved on a property.

(Ord. No. 0-00-106, § 2, 12-4-2000)

The official zoning map may be amended from time to time and special uses may be approved for specific properties by the city council under the procedures in this article. In addition, changes in the conditions of approval pertaining to a specific rezoning or special use approval may also be approved by the city council following the procedures in this article. All of these types of actions are referred to as "zoning changes."

(Ord. No. 0-00-106, § 2, 12-4-2000)

(a)

Initiation of request for rezoning or special use approval. An application for a zoning change for any property may be initiated by the city council, zoning board, or owner of the property. Unless initiated by the city council or the zoning board, all such applications shall be initiated by the owner of a majority interest in the property affected.

(b)

Application forms and fees.

(1)

An application for rezoning or special use approval shall be submitted to the planning and zoning department on the department's application forms. A nonrefundable fee as fixed from time to time by the city council or the zoning board shall be charged if the owner of the property has initiated the application. A fee shall not be charged if the city council or the zoning board has initiated the application.

(2)

An application for rezoning or special use approval must include the following:

a.

A legal description of the property proposed to be rezoned;

b.

A recent survey plat showing the dimensions and location of the subject property prepared by a land surveyor whose state registration is current and valid and whose seal is affixed to the plat;

c.

The present and proposed zoning classification for the subject property;

d.

The names and addresses of the owners of the subject property and their agents if any;

e.

Notarized consent of the owner if the applicant is not the owner;

f.

A map of the property sought to be rezoned showing its location in the city and its relationship to adjoining properties, public facilities, and public services and also showing the zoning classification on the adjoining property;

g.

Information regarding the demand that will be placed on public facilities and services by any contemplated development, including but not limited to increased population density, traffic volume, school enrollment, drainage, traffic, and utility facilities;

h.

Proof that all city, county, and state ad valorem taxes due upon the property have been paid in full;

i.

Campaign contribution disclosure report by the applicant and the applicant's attorney, if applicable, in accordance with O.C.G.A. § 36-67A-1 et seq.; and

j.

The applicant's response to each of the standards for approval for the rezoning or special use contained in this article.

(3)

The planning and zoning department shall review the application for completeness within five days of submission. Incomplete or improper applications, as determined in the sole discretion of the planning and zoning director, will be returned to the applicant.

(c)

Restriction on reconsideration after denial.

(1)

If an application for a zoning change is denied by the city council, another application for a zoning change affecting the same property shall not be considered by the city council within less than six months from the date of denial.

(2)

Where an application for a zoning change affecting a particular piece of property is denied by the county board of commissioners, no petition for annexation of any part of said property shall be considered for vote by the city council within six months of the county's zoning denial, regardless of the zoning classification that may be proposed to the city.

(Ord. No. 0-00-106, § 2, 12-4-2000)

(a)

When required.

(1)

An application for a zoning change related to a design concept development must be accompanied by a concept plan if any new construction or alteration of the site is proposed or if prior conditions of approval are proposed to be changed.

(2)

The concept plan shall be binding as a condition of approval of the rezoning or special use by the city council or as a part of an application for design concept development, to the extent that the concept plan is consistent with the provisions and requirements of this zoning ordinance and all other codes and ordinances adopted by the city. A concept plan may be accompanied by a development standards text, which may be approved as a condition of zoning or special use, providing development standards and uses for the project which vary, augment or limit the requirements of this zoning ordinance and the development code.

(b)

Preparation.

(1)

A concept plan may be prepared by the applicant, a professional engineer, a registered land surveyor, a landscape architect, a land planner or any other person familiar with land development activities.

(2)

The concept plan shall be a map or other graphic representation drawn to approximate scale on a boundary survey of the tract or on a property map showing the approximate location of the boundaries and dimensions of the tract.

(c)

Contents. The concept plan shall show the following, as appropriate to the zoning or special use requested:

(1)

Name and address of the property owner.

(2)

Name, address, and telephone number of the applicant.

(3)

Date of survey, north point and graphic scale, source of datum, date of plan drawing, and revision dates, as appropriate.

(4)

Proposed density and use of the property, with each area (other than open space areas, recreation and amenities areas, dedicated space, utilities, streets and the like) designated for development consistent with the uses and standards prescribed for one of the zoning districts, other than DCD, authorized by this zoning ordinance. The development standards, density, and land uses for each such area shall be those prescribed for the zoning district shown, except as varied, augmented, or limited by an approved development standards text incorporated as a condition of zoning in the DCD. For DCDs of 500 acres or less containing any residential use, concept plans shall additionally show sufficient data to verify compliance with the requirements of section 38-119(6).

(5)

Location (e.g., land lot, district, section, parcel number), size of the property in acres (or in square feet if less than an acre), and the acreage of each land use area.

(6)

Location sketch of the property in relation to the surrounding area with regard to well-known landmarks such as arterial streets or railroads. Location sketches may be drawn in freehand and at a scale sufficient to show clearly the information required, but not less than one inch equal to 2,000 feet. U.S. Geological Survey maps may be used as a reference guide for the location sketch.

(7)

Zoning district classification of the subject property and all adjacent properties, and zoning district boundaries as appropriate.

(8)

Manmade features within and adjacent to the property, including existing streets and names, city and county political boundary lines, and other significant information such as location of bridges, utility lines, existing buildings to remain, and other features as appropriate to the nature of the request.

(9)

The proposed project layout including driveways means of ingress and egress, open space, recreation areas and amenities.

(10)

Such additional information as may be useful to permit an understanding of the proposed use and development of the property.

(Ord. No. 0-00-106, § 2, 12-4-2000; Ord. No. 0-01-58, § 3, 8-20-2001)

Before the city council may take final action on a proposed zoning change, the zoning board shall hold a public hearing on the proposal.

(1)

Public notice.

a.

At least 15 days but not more than 45 days prior to each public hearing, notice shall be published in a newspaper of general circulation within the city. The planning and zoning department shall prepare such notice, which shall state the time, place and purpose of the hearing.

b.

A zoning change initiated by a party other than the city council shall be heard at a public hearing only upon:

1.

Published notice: In addition to the requirements contained in subsections a and b of this subsection, notice shall include the location of the property, the present zoning classification of the property, and the proposed zoning classification of the property or the special use requested; and

2.

Sign posting: The planning and zoning department shall require a sign or signs to be posted at least 15 days prior to the public hearing, stating the date, time and place for the public hearing, the present zoning classification and the nature of the proposed zoning change. One such sign shall be placed in a conspicuous location along each street frontage of the property for which the zoning change has been requested. If the property has no street frontage, the sign shall be placed on each street from which access will be gained to the property. Unauthorized tampering with any zoning sign shall constitute an offense, punishable by the municipal court.

(2)

Zoning board public hearing. The public hearing held by the zoning board for zoning changes shall be held no less than 30 days after receipt of a complete application. The public hearing shall be conducted in the following manner:

a.

The public hearing shall be convened at the scheduled time and place by the chairperson, the vice-chairperson or the zoning board's designee, who shall act as the presiding official.

b.

The presiding official shall call for each proposed zoning change to be presented to the zoning board.

c.

No person in attendance shall speak unless first formally recognized by the residing official.

d.

It is required that the applicant or an agent for the applicant be present, and should the applicant or his agent fail to appear the application may be tabled.

e.

At the public hearing concerning the requested zoning change, the applicant or his agent shall be allowed to present evidence. Any parties in support of or in opposition to the application shall also be allowed to present sworn testimony.

f.

For each application, the applicant and proponents of the application shall have no less than ten minutes for presentation of data; opinions and evidence at the public hearing, and opponents of the application shall likewise have a minimum of ten minutes for presentation. The proponents of each application shall have a collective maximum of 20 minutes for their presentations, and the opponents of each application likewise shall have a collective maximum of 20 minutes for their presentations, unless these time limitations are waived at the discretion of the presiding official.

g.

At the public hearing on the proposed zoning change or at their next regular meeting, the zoning board shall make its recommendation or take such other action as it may deem appropriate.

1.

A motion to recommend approval or denial of an application must be approved by an affirmative vote by a number of members equal to that required for a quorum of the members in order for the motion to be approved.

2.

If a motion to recommend approval of an application fails, the application is automatically recommended for denial. If a motion to recommend denial of an application fails, another motion would be in order.

3.

A tie vote on a motion to recommend approval of an application shall be deemed a recommendation for denial of the application. A tie vote on any other motion shall be deemed to be no action, and another motion would be in order.

4.

If no action is taken on an application, it will go forward to the city council with no recommendation.

(3)

City council public hearing.

a.

The city council shall consider an application for a zoning change at its first or second scheduled meeting following the recommendation of the zoning board.

b.

The presiding official shall call for each proposed zoning change to be presented to the city council.

c.

No person in attendance shall speak unless first formally recognized by the presiding official.

d.

It is required that the applicant or an agent for the applicant be present, and should the applicant or his agent fail to appear the application may be tabled.

e.

At the public hearing concerning the requested zoning change, the applicant or his agent shall be allowed to present evidence. Any parties in support of or in opposition to the application shall also be allowed to present sworn testimony.

f.

For each application, the applicant and proponents of the application shall have no less than ten minutes for presentation of data; opinions and evidence at the public hearing, and opponents of the application shall likewise have a minimum of ten minutes for presentation. The proponents of each application shall have a collective maximum of 20 minutes for their presentation, and the opponents of each application likewise shall have a collective maximum of 20 minutes for their presentations, unless these time limitations are waived at the discretion of the mayor.

g.

After the public hearing and any information presented by the planning and zoning department, action shall be considered by vote of the city council.

1.

A motion to approve or deny an application must be approved by an affirmative vote of a majority of the members in order for the motion to be approved.

2.

A motion to approve an application fails, the application is automatically denied. If a motion to deny an application fails, another motion would be in order.

3.

A tie vote on a motion for approval of an application shall be deemed a denial of the application. A tie vote on any other motion shall be deemed to be no action, and another motion would be in order.

4.

If no action is taken on an application, it shall be considered tabled and action deferred to the next regular meeting of the city council.

h.

In taking action on an application, the city council may:

1.

Approve, approve with conditions, or deny the proposal;

2.

Allow withdrawal if so requested by the applicant (with or without imposing a period during which another zoning change on the property may not be considered);

3.

Table the proposal for consideration at its next scheduled meeting; or

4.

Refer the application back to the zoning board for further consideration.

(4)

Referral to zoning board for further consideration. If the city council refers an application back to the zoning board for further study:

a.

The planning and zoning department shall give public notice of the zoning board's hearing for further consideration in the same manner as described in subsection (3) of this section, and the zoning board shall conduct its additional public hearing and take action as described above.

b.

After the zoning board's rehearing and recommendation on the referred application, the city council shall follow the same procedures set forth in subsection (3) of this section to consider the application.

(5)

Withdrawal.

a.

An applicant may withdraw an application for a zoning change at any time prior to final action by the city council.

b.

Refund of filing fees shall be guided by the following:

1.

If the request for withdrawal is received by the planning and zoning director prior to publication of the public notice for the application (or when publication is irrevocably set), all fees paid for filing such application shall be returned to the applicant.

2.

If the request for withdrawal is received by the planning and zoning director after publication of the public notice for the application (or after such publication is irrevocably set), all fees paid for filing such application shall be retained by the city.

(Ord. No. 0-00-106, § 2, 12-4-2000)

(a)

Standards for zoning map amendment (rezoning). The zoning board and the city council shall consider the following standards in considering any zoning proposal that would result in a change in the boundary of a zoning district, giving due weight or priority to those factors that are appropriate to the circumstances of each proposal:

(1)

Is the proposed use or development consistent with the stated purpose of the zoning district?

(2)

Is the proposed use suitable in view of the zoning and development of adjacent and nearby property?

(3)

Will the proposed use not adversely affect the existing use or usability of adjacent or nearby property?

(4)

Is the proposed use compatible with the purpose and intent of the comprehensive plan?

(5)

Are there substantial reasons why the property cannot or should not be used as currently zoned?

(6)

Will the proposed use not cause an excessive or burdensome use of public facilities or services including, but not limited to, streets, schools, water or sewer utilities, and police or fire protection?

(7)

Is the proposed use supported by new or changing conditions not anticipated by the comprehensive plan or reflected in the existing zoning on the property or surrounding properties?

(8)

Does the proposed use reflect a reasonable balance between the promotion of the public health, safety, morality, or general welfare and the right to unrestricted use of property?

(b)

Standards for special use approval. A special use otherwise permitted within a zoning district shall be considered to be compatible with other uses permitted in the district, provided that due consideration is given to the following objective criteria as applicable to the specific use proposed:

(1)

Is the proposed special use consistent with the stated purpose of the zoning district?

(2)

Is or will the type of street providing access to the use be adequate to serve the proposed special use?

(3)

Is or will access into and out of the property be adequate to provide for traffic and pedestrian safety, the anticipated volume of traffic flow, and access by emergency vehicles?

(4)

Are or will public facilities such as schools, water or sewer utilities, and police or fire protection be adequate to serve the special use?

(5)

Are or will refuse, service, parking and loading areas on the property be located or screened to protect other properties in the area from such adverse effects as noise, light, glare or odor?

(6)

Will the hours and manner of operation of the special use have no adverse effects on other properties in the area?

(7)

Will the height, size or location of the buildings or other structures on the property are compatible with the height, size or location of buildings or other structures on neighboring properties?

(c)

Change in conditions of approval. Any application that proposes a change in the conditions of approval previously established by the city council through action on a rezoning or special use approval shall be reviewed in light of the standards set forth in this section for a map amendment or special use, as appropriate.

(Ord. No. 0-00-106, § 2, 12-4-2000)

Any development of regional impact (DRI) as defined under state law shall be submitted to the Atlanta Regional Commission (ARC).

(Ord. No. 0-00-106, § 2, 12-4-2000)

(a)

Effect on preexisting uses. For a property on which a use, building, structure or other improvements existed in conformity with this zoning ordinance prior to the effective date of a zoning change affecting the property, any such use, building, structure or other improvements no longer in conformance shall be governed under the provisions for nonconforming development in article I of this zoning ordinance.

(b)

Effect on preexisting permits. Construction of any use, building, structure, or other improvements, for which a building permit has been issued in conformity with this zoning ordinance prior to the effective date of a zoning change affecting the property, may continue to completion as though no change had occurred and, upon completion, shall be governed under the provisions for nonconforming development in article I of this zoning ordinance, as applicable.

(Ord. No. 0-00-106, § 2, 12-4-2000)

(a)

Special public hearing; when required. When a proposed zoning decision relates to or will allow the location or relocation of a halfway house, drug rehabilitation center, or other facility for treatment of drug dependency, a special public hearing shall be held on the proposed action. Such public hearing shall be held at least six months and not more than nine months prior to the date of final action to any hearing required under this article relating to the process for rezoning or special use approval.

(b)

Public notice of the special hearing. The city shall give notice of such hearing by:

(1)

Posting a notice on the affected premises in the manner prescribed by subsection (b)(3) of this section;

(2)

Publishing in a newspaper of general circulation within the city a notice of the hearing at least 15 days and not more than 45 days prior to the date of the hearing; and

(3)

Including a prominent statement on both the posted notice and the published notice that the proposed zoning decision relates to or will allow the location or relocation of a halfway house, drug rehabilitation center, or other facility for treatment of drug dependency. The published notice shall be at least six column inches in size and shall not be located in the classified advertising section of the newspaper.

(Ord. No. 0-00-106, § 2, 12-4-2000)

(a)

Zoning changes requested by a property owner. Upon submission of a valid application for a rezoning or special use approval by an applicant, no permits shall be issued nor shall any actions be undertaken on the subject property of the application that may be affected by the outcome of such zoning change.

(b)

Zoning changes or text amendments initiated by the city. Upon the initiation of a zoning change or text amendment by the zoning board or city council, no permits shall be issued nor shall any actions be undertaken on any property that may be affected by the outcome of such zoning change or text amendment.

(Ord. No. 0-00-106, § 2, 12-4-2000)