A.

The Mayor and Council may from time to time amend the boundaries of the districts established on the Zoning Map and/or the provisions set forth in this Ordinance.

A.

There are two types of applications under this ordinance; a rezoning application; and a DEVELOPMENT REVIEW APPLICATION.

A.

Application Requirements.

1.

A rezoning application must be filed with the City Clerk at least 45 days prior to the MAYOR and COUNCIL meeting at which the request will be heard.

2.

A rezoning application must contain the following information:

a.

A survey of the property prepared by a licensed surveyor showing existing and proposed STRUCTURES and uses, access drives, easements, environmental features, utilities, Buffers, existing zoning, and any other relevant supporting documentation reasonably required by the City to assist in rendering a decision, including concept plans.

b.

A list of adjoining property owners as shown on the tax rolls.

c.

Any additional relevant information the applicant or the Clerk reasonably believes to be pertinent.

d.

Payment of the application fee, as determined by Mayor and Council Resolution. The fee is waived if the APPLICANT is the City of Watkinsville.

e.

A signed statement certifying APPLICANT or the owner represented by the APPLICANT has one hundred percent (100%) ownership or leasehold interest in the property. In case of a lease, the owner must also sign.

3.

Once the application is submitted it cannot be amended. Incomplete applications will not be processed.

B.

Rezoning Application Review.

1.

Zoning Administrator Written Analysis.

a.

The ZONING ADMINISTRATOR shall present the application and all its supporting documents, along with a written analysis of the requested zoning's impact, at the public hearing. The written analysis shall show that the ZONING ADMINISTRATOR has considered the proposed change in relation to the Standard of Review of § 14.03.C.

C.

Public Hearing and Procedures.

1.

Public Hearing Required.

a.

Before enacting an amendment to this Ordinance, a public hearing must be held by the Mayor and Council.

2.

Applicant Notification.

a.

The City Manager or his/her designee must notify the applicant of the date, time, and place of the required public hearing.

3.

Publication of Notice.

a.

Not less than fifteen (15) days, and not more than forty-five (45) days prior to the date of the public hearing, the City Clerk shall cause to be advertised the date, time, place and purpose of the public hearing in a newspaper of general circulation in Watkinsville, GA.

4.

Sign.

a.

Not less than fifteen (15) days prior to the public hearing, the City Clerk shall cause the applicant to have posted in a conspicuous place on the lot or parcel to be rezoned, one (1) or more signs, which shall provide adequate notice of the zoning action. Each sign shall be approximately 32" in height and 24" in width and shall provide adequate notice of the zoning action. At a minimum, the sign must contain the following information: date, time, and location of the hearing, current zoning classification and proposed zoning classification, and a telephone number interested persons can call for additional information.

b.

If, because of circumstances peculiar to the location of the property to be posted, the sign will either be inconspicuous or invisible from any well-traveled right-of-way, the sign(s) shall be posted on the property to be rezoned and on other property in such a location that it is likely to be seen by persons potentially interested in the decision.

5.

Mayor and Council Action.

a.

The Mayor and Council shall hold a public hearing on the application in accordance with §[Chapter] 14.06. After the hearing, the Mayor and Council shall consider the Standards of Review of §[Chapter] 14.03.C and approve, approve with conditions, or deny the application.

b.

Within seven (7) days of its decision, the City Clerk shall notify the applicant in writing.

6.

Withdrawal.

a.

If a rezoning application is withdrawn in writing by the applicant at any time after the publication of the newspaper notice and posting of the required sign, but prior to the public hearing, the same property may not be considered for rezoning until the expiration of sixty (60) days immediately following the withdrawal of the rezoning application. The withdrawal must be in writing and signed by the applicant.

b.

The application will be considered to have been withdrawn if the applicant, his/her authorized agent or his/her attorney fails to appear at the public hearing. By withdrawing in this manner, the same property may not be considered for rezoning until the expiration of sixty (60) days from the date of the scheduled public hearing for which the applicant failed to appear.

7.

Denial.

a.

If the rezoning application is denied by the Mayor and Council, then the same property may not be considered for rezoning until the expiration of six (6) months immediately following the denial of the rezoning by the Mayor and Council.

D.

Standards of Review (Zoning Amendment Criteria).

1.

In the consideration of a rezoning application, the Mayor and Council shall consider factors relevant in balancing the interest in promoting the public health, safety, morals or general welfare against the right of the individual to the unrestricted use of property and must specifically consider the following factors as they may be relevant to the application:

a.

The existing land use pattern;

b.

The possible creation of an isolated district unrelated to adjacent and nearby districts;

c.

The population density pattern and possible increase or overtaxing of the load on public facilities including, but not limited to, school, utilities, public safety, and streets;

d.

The cost to the City and other governmental entities in providing, improving, increasing or maintaining public utilities, schools, streets and other public safety measures;

e.

The possible impact on the environment, including but not limited to, drainage, soil erosion and sedimentation, flooding, air quality and water quality;

f.

Whether the proposed zoning map amendment will be a deterrent to the value or improvement or development of adjacent property in accordance with existing regulations;

g.

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

h.

The aesthetic effect of existing and future use of the property as it relates to the surrounding area;

i.

The extent to which the proposed zoning map amendment is consistent with the comprehensive plan;

j.

The possible effect of the proposed zoning map amendment on the character of a zoning district, a particular piece of property, neighborhood, a particular area, or the community;

k.

The relation that the proposed zoning map 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 these zoning regulations;

l.

The consideration of the preservation of the integrity of residential neighborhoods shall be considered to carry great weight.

2.

After hearing evidence at the zoning hearing, the Mayor and Council shall apply the evidence of the Standards of Review (Zoning Amendment Criteria) in making its decision. It will not be required that the Mayor and Council consider every criterion contained in the Standards of Review. It shall be the duty of the applicant to carry the burden of proof that the proposed rezoning promotes the public health, safety, morality or general welfare.

(Amd. of 12-21-2022)

A.

Application Requirements.

1.

A DEVELOPMENT REVIEW APPLICATION must be filed with the City Clerk at least 45 days prior to the regularly scheduled Mayor and Council meeting for all projects except individual single-family homes in the DR and AR districts.

2.

In addition to the documents required under the Watkinsville Subdivision Regulations, a DEVELOPMENT REVIEW APPLICATION must contain:

a.

An Architectural Building Plan.

b.

A Landscape Plan.

c.

A Traffic Impact Analysis for developments that are reasonably expected to generate more than 1,000 vehicle trip ends during a single day or more than 100 vehicle trip ends during a single hour.

d.

Stormwater Management Plan.

e.

Lighting Plan.

f.

Any relevant information the City Manager or his/her designee reasonably believes to be pertinent.

3.

Payment of the application fee, as determined by Mayor and Council Resolution. The fee is waived if the APPLICANT is the City of Watkinsville.

4.

A signed statement certifying APPLICANT or the owner represented by the APPLICANT has 100 percent ownership or leasehold interest in the property. In case of a lease, the owner must also sign.

5.

Once the application is submitted, it cannot be amended. Incomplete applications will not be processed.

B.

Development Review Application Process.

1.

The ZONING ADMINISTRATOR shall present the application and all its supporting documents, along with a written analysis application's compliance with this Zoning Ordinance to the Mayor and Council at its regular meeting.

2.

The ZONING ADMINISTRATOR shall review the written analysis and application and shall consider the Development Review Criteria of chapter 14.04C and recommend to Mayor and Council approval, approval with conditions, or denial based on its conformance with this Zoning Ordinance.

3.

The Mayor and Council shall consider the record from the ZONING ADMINISTRATOR and shall consider the Development Review Criteria of chapter 14.04C and approve, approve with conditions, or deny the application based on its conformance with the Zoning Ordinance.

4.

Within 7 days of the decision, the City Clerk shall so notify the applicant in writing.

C.

Standards for Review for Development Review Applications.

1.

In reviewing DEVELOPMENT REVIEW APPLICATIONS the ZONING ADMINISTRATOR and the Mayor and Council shall consider the following factors as they may be relevant to the application:

a.

The setback and placement on the LOT of the BUILDING in relation to the average setback, where required.

b.

Exterior construction materials.

c.

Architectural detailing such as CORNICES, brick patterns, and foundation materials.

d.

Roof shapes, forms, and materials.

e.

Proportions, shapes, position, and locations; patterns and sizes of any elements of FENESTRATION.

f.

General form and proportions.

g.

Appurtenant fixtures and other features such as lighting.

2.

After reviewing the application, the Development Review Committee shall apply the evidence of the Standards of Review for Development Review in making its recommendation. The Mayor and Council shall also apply the evidence of the Standards of Review for Development Review in making its decision. It shall be the duty of the applicant to carry the burden of proof that the proposed development promotes the requirements of this Ordinance.

(Amd. of 12-21-2022)

A.

Owners. Where the owner of one (1) or more adjacent lots of record at the time of the enactment of this Ordinance, does not own sufficient contiguous land to enable him/her to conform to the minimum lot size requirements of this Ordinance; or if the topography, physical shape, or other unique features of such lots of record, prevent reasonable compliance with the setback if used as a building site, then the property owner or agent or representative may make application to the Mayor and Council for a variance. Under no circumstances may a variance be granted for a lot that is created or subdivided after enactment of this Ordinance.

B.

Applications.

1.

All applications for variance shall be submitted to the City Clerk at least 45 days prior to a regularly scheduled Mayor and Council meeting on application forms supplied by the City Manager or his/her designee along with a fee as determined by Mayor and Council. Incomplete applications will not be placed on the agenda.

2.

Applications must be accompanied by the following information:

a.

One (1) copy and one (1) digital version of a written description of the proposal designed to inform the city, in detail, about all aspects of the proposed use and its anticipated impact on the community. The description should include information on the hours of operation, number of employees, number of dwelling units, vehicle trips, noise, water usage, sanitary waste treatment and other relevant concerns identified by the City or applicant.

b.

One (1) copy and one (1) digital version of preliminary building and site plans drawn to scale showing the following information:

(1)

Surveyed plat signed by a registered surveyor.

(2)

Project name.

(3)

Project owner.

(4)

Date, scale, and north arrow.

(5)

Vicinity map.

(6)

Use of adjacent property.

(7)

Exterior dimensions of the site.

(8)

Total project acreage.

(9)

Location, name and width of all existing or proposed streets.

(10)

Location of all proposed structure.

(11)

Location of all off-street parking and driveway serving the project.

(12)

Proposed buffers and/or screening.

(13)

Location, height, fixture type and wattage of site lighting.

(14)

Dumpster locations.

(15)

Rough floor plans, including gross floor area.

(16)

Building height.

c.

Landscape Plan.

d.

The applicant, if other than the local government, must pay the required application fee, as determined by Mayor and Council Resolution, to cover the administrative and advertising costs of the application and sign a statement certifying he/she or the owner represented by the applicant has at least a fifty-one percent (51%) ownership interest in the property. In case of a lease, the owner must also sign.

e.

Once the application is submitted, it cannot be amended. Incomplete applications will not be processed.

C.

Public Hearing Required.

1.

Before enacting an amendment to this Ordinance, one (1) public hearing must be held by the Mayor and Council pursuant to §[Chapter] 14.06.

D.

Applicant Notification and Publication of Notice.

1.

The City Clerk shall cause notice to be published and the property to be posted in accordance with chapter 14.03.C.4 and 5.

E.

Zoning Administrator Review.

1.

The ZONING ADMINISTRATOR shall present the application and all its supporting documents, along with a written analysis of the requested variance's impact, to the Mayor and Council at its regular business meeting the month in which the public hearing on the application is scheduled. The written analysis shall show that the ZONING ADMINISTRATOR has considered the proposed change in relation to the enumerated questions in chapter 14.05.I.1.

F.

Mayor and Council Action.

1.

The Mayor and Council shall hold a public hearing on the proposed use in accordance with chapter 14.05.C. After the hearing, the Mayor and Council shall consider the Variance Criteria of chapter 14.05.I.1 and vote on the application. The Council may approve, approve with conditions, table for further action, or deny the application within seven (7) days of its decision, the City Clerk shall so notify the applicant in writing.

G.

Withdrawal.

1.

If an application for a variance to the Zoning Ordinance is withdrawn in writing by the applicant at any time after the publication of the newspaper notice and posting of the required sign, then the same property may not be considered for a variance by the Mayor and Council until the expiration of at least sixty (60) days immediately following the withdrawal of the application. The withdrawal must be in writing and signed by the applicant.

2.

The application will be considered to have been withdrawn if neither the applicant, his/her authorized agent or his/her attorney fails to appear at the public hearing.

H.

Denial.

1.

If the variance from the zoning ordinance is denied by the Mayor and Council, then the same property may not be considered for a VARIANCE until the expiration of six (6) months immediately following the denial of the variance.

I.

Variance Criteria.

1.

The Mayor and Council may grant variances only upon finding that all of the following conditions exist:

a.

There are extraordinary and exceptional conditions pertaining to the particular piece of property in question because of its size, shape or topography;

b.

The application of this Zoning Ordinance to the particular piece of property would create an unnecessary hardship;

c.

Relief, if granted, would not cause substantial detriment to the public good or impair the purpose and intent of this Zoning Ordinance;

d.

Such conditions are peculiar to the particular piece of property involved;

e.

The special circumstances surrounding the request for a variance are not the result of acts by the applicants;

f.

The variance is not a request to permit a use of land, buildings, or structures which is not permitted by right in the Zoning District involved.

2.

If the following criteria are all met, the yard and other space requirements of the Zoning District in which the property is located may be reduced by the smallest amount that will permit reasonable use of the property as a building site. Such reduction of these space requirements shall constitute a variance. However, in no case shall the Mayor and Council permit any lot in a residential Zoning District to be used as a building site which is less than ninety percent of the Zoning District's minimum area and YARD requirements, based on the district's maximum density.

3.

The power to approve a variance rests with the Mayor and Council.

4.

In granting a variance, the Mayor and Council may impose any other conditions necessary to further the goals of this Ordinance.

5.

The Mayor and Council may establish performance bonds to assure compliance with any requirements it has set for granting a variance. Where a variance is granted for a construction activity requiring a Building Permit, the Building Permit must be obtained and construction must begin within six (6) months of the issuance of the variance. Otherwise, the variance expires after six (6) months.

(Amd. of 12-21-2022)

A.

All public hearings held pursuant to this Ordinance shall be conducted as follows:

1.

The presiding officer shall allow the ZONING ADMINISTRATOR to present an overview of the application. Following this presentation, the applicant or the applicant's agent or attorney shall be allowed to present the applicant's case and then shall be afforded an opportunity, prior to the closing of the public hearing, to answer questions and respond to objections of others in attendance. A minimum of ten (10) minutes is allowed for presentation of data, evidence, and opinion by proponents of each zoning decision and a minimum of ten (10) minutes for presentation by opponents of each proposed zoning decision.

a.

Those desiring to speak or make a statement shall be given reasonable opportunity do so but must first be recognized by the presiding officer. Upon rising to speak, the person recognized will state his/her name. The presiding officer shall also request that person furnish a home or business street address.

b.

Groups, affiliations, and associations should designate a spokesperson to speak for the group.

c.

Both proponents and opponents of the matter under consideration shall be given equal time and opportunity by the presiding officer to speak.

d.

Questions shall be directed only to the presiding officer, who shall respond or designate another person for the response.

e.

The presiding officer may limit or terminate the discussion, statements or comments because of time, repetitiveness or irrelevancy.

2.

After all discussion concerning the rezoning application is concluded, the presiding officer shall close the public hearing for that particular application, and shall address each zoning criteria listed in §[Chapter] 14.03.C.

B.

Further Requirements.

1.

Minutes of the hearing will be taken by the City Clerk.

2.

Each person shall have 3 minutes to speak.

3.

Following is an outline of how the meeting will be held:

a.

Hearing called to order.

b.

Proposal or amendment summarized by Zoning Administrator or his designee.

c.

Applicant states his case.

d.

Proponents speak.

e.

Opponents speak.

f.

Applicant may reserve any reserved remaining time.

g.

Hearing closed.

C.

Publication of Standards.

1.

The criteria of §[Chapter] 14.03.C shall be available to the public to aid in the preparation of an amendment to the Zoning Ordinance of an amendment of the Zoning Ordinance or for a change to the City of Watkinsville Zoning Map.

Applicants must comply with all provisions as outlined in Chapter 8, Buildings and Building Regulations of this Code.

(Amd. of 12-21-2022)

A.

Applicants requesting some type of local government action related to an imminent development project, such as, but not limited to, a request for rezoning, rezoning accompanying an annexation, variance, permit, hookup to a water or sewer system, master or site plan approval, or entering into a contract that reasonably appears to meet or exceed the DRI thresholds established for that development type must be submitted to the Northeast Georgia Regional Development Center for review. (See Chapter 110-12-3 of the Rules of the Georgia Department of Community Affairs.)

B.

If a development project is submitted to the City of Watkinsville for review, then the time deadlines imposed in by this ordinance are suspended until the DRI review process is completed.

A.

If, in accordance with this Ordinance, changes are made in the Zoning District boundaries or other information portrayed in the Zoning Map, such changes must be made on the Zoning Map within 30 days after the amendment has been approved by the Mayor and Council together with a numerical entry on the Zoning Map referring to the application on file which states the date of the official action and the brief description of the nature of the changes. No amendment to this Zoning Ordinance which involves a matter portrayed on the Zoning Map is effective until after such change and entry is made on the map.

B.

All changes made to the Zoning Map or matters shown thereon must be in conformity with this zoning code. Any unauthorized change by any person is considered a violation of this Zoning Ordinance and punishable as provided by law and this Zoning Ordinance.

A.

Disclosure of Financial Interests.

1.

A city official who knows or reasonably should know he or she:

a.

Has a property interest in any real property affected by a zoning action upon which that official's local government will have the duty to consider.

b.

Has a financial interest in any business entity which has a property interest in any real property affected by a zoning action which that official's local government will have the duty to consider; or

c.

Has a MEMBER OF THE FAMILY having any interest described in paragraph (a) or (b) of this section, shall immediately disclose the nature and extent of such interest, in writing, to the Mayor and Council.

d.

The city official who[sic] has an interest as defined in paragraph (a) or (b) of §[Chapter] 14.10.A.1 shall disqualify himself from voting on the zoning action. The disqualified city official shall not take any other action on behalf of himself or any other person to influence action on the application of rezoning. Disclosures provided for in the section shall be a public record and available for public inspection at any time during normal working hours.

B.

Disclosure of Campaign Contributions.

1.

The notice shall also include the location of the property, the present zoning classification of the property, and the proposed zoning classification of the property. The notice shall further include a statement that "Any opponent of a rezoning action that has made within two years immediately preceding the filing of the rezoning action, campaign contributions aggregating $250.00 or more to a local government official that will consider the application, must file a disclosure with the City at least 5 days prior to the public hearing." The disclosure shall show:

a.

The name and official position of the CITY OFFICIAL to whom the contribution was made; and

b.

The dollar amount and description of each campaign contribution made to the CITY OFFICIAL.

A.

Any person or persons, who may have a substantial interest constituting legal standing in any decision of the Mayor and Council, may file a petition for writ of certiorari to the Superior Court of Oconee County, Georgia. Such petition shall be filed with the Clerk of said court in the manner required by Georgia law. Such petition shall be filed within thirty (30) days after the decision of the Mayor and Council is rendered. A copy of the petition shall be served on the County Clerk. Upon the filing of a petition, the Clerk of the Oconee County Superior Court shall give immediate notice thereof to the County Clerk who, within thirty (30) days from the time of such notice, shall file with said Clerk of Superior Court, a duly certified copy of the minutes of the proceedings of the Mayor and Council Public Hearing and the decision reached by the Mayor and Council.

A.

Request. Request for Conditional Use shall only be made for potential conditional uses that are specifically listed in this zoning ordinance, and shall be processed in accordance with the following requirements:

1.

Initiation of Amendments.

a.

A proposed Conditional Use may be initiated by the Mayor and Council, or by application filed by the owner(s) of the property, provided, however, no more than one application for Conditional Use affecting the same parcel or parcels of property or any part thereof, shall be filed within a 12 month period, unless said application is withdrawn pursuant to §[Chapter] 14.12.L.

2.

Application Procedure.

a.

Application forms for Conditional Use requests shall be obtained from the City Clerk. Completed forms, together with an application fee plus any additional information the applicant feels to be pertinent, must be filed with the City Clerk at least 45 days prior to the regularly scheduled Mayor and Council meeting. Any communication purporting to be an application for a Conditional Use shall be regarded as a mere notice to seek relief until it is made in the form required.

B.

Application Content.

1.

Applications must be accompanied by the following information:

a.

One (1) copy and one (1) digital version of a written legal description of the property which is the subject of the request, including the current tax parcel number.

b.

One (1) copy and one (1) digital version of a plat of the subject property drawn to scale, prepared and sealed by an architect, engineer, landscape architect or land surveyor whose state registration is current and valid, showing the following information:

1.

Project name.

2.

Project owner.

3.

Date, scale, and north arrow.

4.

Vicinity map.

5.

Use of adjacent property.

6.

Property lines with dimensions and angles of turns.

7.

Location, name and width of adjoining streets with present right-of-way and pavement widths.

8.

Location of existing structures on subject property and adjacent properties.

9.

Total project acreage.

10.

Proposed layout of building locations with driveway and parking lots.

11.

Proposed curb cuts or existing driveways/roadways.

12.

Required buffers and building set back lines.

13.

Identify how utilities are to be provided including, but not limited to, water, sewer, well, and septic tank.

14.

Density per acre and the number of square feet per acre area of total buildings.

15.

Other plans, elevations or additional information as the City Clerk may request showing the proposed conditional use and its impact on natural and built systems.

c.

A written statement of the details of the Conditional Use requested.

2.

The application shall include a notarized signature of the application and, if the applicant is not the current property owner, such application shall include the notarized authorization from the property owner for the requested Conditional Use.

C.

Public hearing required.

1.

Before enacting an amendment to the Ordinance, one (1) public hearing must be held by the Mayor and Council pursuant to chapter 14.06 and chapter 14.13.

D.

Applicant Notification.

1.

The City Clerk must notify the applicant of the date, time and place of the required public hearing.

E.

Publication of Notice.

1.

Not less than 15 days, and not more than forty-five (45) days prior to the date of the public hearing, the City Clerk shall cause to be advertised the date, time, place, and purpose of the public hearing in a newspaper of general circulation in Watkinsville, GA.

F.

Sign.

1.

Not less than 15 days prior to the Mayor and Council public hearing, the City Manager or his/her designee shall cause the applicant to have posted in a conspicuous place on the lot subject to the Conditional Use application, one (1) or more signs, which shall provide adequate notice of the zoning action. Each sign shall be approximately 32" in height and 24" in width and shall provide adequate notice of the zoning action. At a minimum, the sign must contain the following information: date, time, and location of the hearing, current zoning classification and proposed zoning classification, and a telephone number an interested person can call for additional information.

G.

Zoning Administrator Review.

1.

The Zoning Administrator shall present the application and all its supporting documents, along with a written analysis of the requested conditional uses' impact, to the Mayor and Council at its regular business meeting the month in which the public hearing on the application is scheduled. The written analysis shall show that the Zoning Administrator has considered the proposed change in relation to the enumerated questions in §[Chapter] 14.12.K.

H.

Mayor and Council Action.

1.

The Mayor and Council shall hold a public hearing on the proposed use in accordance with §[Chapter] 14.06.A.1, B and C. After the hearing, the Mayor and Council shall consider the Condition Use Criteria of §[Chapter] 14.12.K. and vote on the application. The Council may approve, approve with conditions, table for further action, or deny the application. In approving a Conditional Use request, the Mayor and Council may impose special conditions which it deems necessary in order to make the objectives of the Comprehensive Plan. Such conditions include but are not limited to: setback requirements from any lot line; specified or prohibited locations for buildings, parking, loading or storage areas or other land uses; driveway curb cut restrictions; restrictions as to what land uses or activities shall be permitted; maximum building size; special drainage or erosion provisions; landscaping or planted area which may include the location, type and maintenance of plant materials; fences, walls, berms, or other buffer provisions or protective measures; preservation of existing trees or other vegetation; special measures to alleviate undesirable views, glare, noise, dust or odor; permitted hours of operation; architectural style; a requirement that the existing building(s) be retained; a requirement that the applicant must build according to the site plans as adopted; a limitation on exterior modifications of existing buildings; or any other requirement that the Mayor and Council may deem appropriate and necessary as a condition of the Conditional Use permit. Within seven (7) days of its decision, the City Clerk shall so notify the applicant in writing.

I.

Withdrawal.

1.

If an application for Conditional Use is withdrawn in writing by the applicant at any time after the publication of the newspaper notice and posting of the required sign, then the same property may not be considered for a conditional use by the Mayor and Council until the expiration of sixty (60) days immediately following the withdrawal of the application. The withdrawal must be in writing and signed by the applicant.

2.

The application will be considered to have been withdrawn if neither the applicant, his/her authorized agent or his/her attorney fails to appear at the public hearing.

J.

Denial.

1.

If the Conditional Use is denied by the Mayor and Council, then the same property may not be considered for a conditional use until the expiration of six (6) months immediately following the denial of the conditional use.

K.

Conditional Use Criteria.

1.

The Mayor and Council may grant a conditional use only after determining the Conditional Use will not be contrary to the public interest and that the Conditional Use;

a.

Will not be injurious to the use and enjoyment of the environment or other property in the vicinity, nor diminish and impair property values within the surrounding neighborhood;

b.

Will not increase expenditures in relation to cost of serving neighboring properties or maintaining infrastructure;

c.

Will not impede the normal and orderly development of surrounding property for uses predominant in the area; and

d.

Has a location and character consistent with a desirable pattern of development.

2.

The following evidence must be satisfactorily demonstrated before the four determinations discussed above can be made: however, not conditional use shall be granted in the Attached Residential (AR) or Detached Residential (DR) zones:

a.

Evidence of reduction of adverse environmental impacts to acceptable levels;

b.

Evidence that traffic will not be substantially hindered or endangered;

c.

Evidence that parking and loading will be adequate;

d.

Evidence that public facilities and utilities are capable of serving the proposed use;

e.

Evidence that the use will not cause a damaging volume of commercial use in a stable neighborhood which would lead to decreasing property values, and/or that this use would not lead to additional requests that would expand these problems;

f.

Evidence that the proposed use would not lead to congestion, noise or traffic hazards;

g.

Evidence that the use conforms to the comprehensive land use plan;

h.

Evidence that the use would not have a domino effect creating a "wedge" for further rapid growth beyond that contemplated by the comprehensive land use plan.

3.

Additional Conditional Use Permit Criteria. No application for a conditional use permit shall be granted by the Mayor and Council unless it is determined that in addition to meeting the requirements contained within applicable use standards and the zoning district in which the conditional use permit is located, satisfactory provisions and arrangements have been made concerning each of the following factors, all of which are applicable to each application:

a.

Adequacy of the size of the site for the use contemplated and whether adequate land area is available for the proposed conditional use;

b.

Compatibility with adjacent properties and with other properties in the same zoning district;

c.

Adequacy of the public street on which the use is proposed to be located and whether or not there is sufficient traffic-carrying capacity for the use proposed;

d.

Ingress and egress to the subject property and to all proposed buildings, structures, and uses thereon, with particular reference to pedestrian and automotive safety and convenience, traffic flow and control, and access in the event of fire or other emergency;

e.

Whether the proposed use will create unreasonable adverse impacts upon any adjoining land use by reason of the hours of operation of the proposed conditional use;

f.

Whether the proposed use will create unreasonable adverse impacts upon any adjoining land use by reason of the manner of operation of the proposed use;

g.

Whether there is adequate provision of refuse and service areas;

h.

Whether the length of time for which the conditional use permit is granted should be limited in duration;

i.

Whether the size, scale and massing of proposed buildings are appropriate in relation to the size of the subject property and in relation to the size, scale and massing of adjacent and nearby lots and buildings;

j.

Whether the proposed plan will adversely affect historic buildings, sites, districts, or archaeological resources; and

k.

Whether the proposed plan will have an unreasonable adverse impact on natural resources or environmentally sensitive areas, including floodplains, wetlands, prime plant or animal habitat, or other similar features of unique value to the character of City.

4.

Termination of Conditional Use.

a.

If at any time after a Conditional Use has been issued, the Mayor and Council finds that the conditions imposed and agreements made have not been or are not being fulfilled by the holder, the Conditional Use shall be terminated and such use discontinued. If a Conditional Use permit is terminated for any reason, it may be reinstated only after a public hearing for a new application, and approval thereof.

(Ord, of 2-9-2011; Amd. of 12-21-2022)

1.

Before taking action on the Conditional Use proposal, the Mayor and Council shall hold a public hearing as described herein above.

2.

So that the purpose of this ordinance will be served and so that health, public safety and general welfare will be secured, the Mayor and Council in its decision on the application may, in its legislative discretion, approve or deny the application as submitted, defer a decision until a specified meeting date, require the applicant to file a site plan or other plans regarding the application and defer action to a later meeting date, or allow a withdrawal of the application by the applicant, if requested.

3.

The withdrawal shall not be subject to the 12-month prohibition on re-filing.

4.

The Mayor and Council may also require that the land area for such application be reduced, or that conditions be added or deleted, as the Mayor and Council deems appropriate.

5.

It is the duty of the applicant to carry the burden of proof regarding his application under this Article.