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Article 18 — Applications and Procedures, Chapter 18-2 — ZONING CHANGES AND SPECIAL USE

current as of 2025-12-16verified current · checked 2026-08-24Officialofficial source ↗22 sections · full chapter

§ 18-2-1

Generally

The official zoning map, and overlay zone maps, may be amended from time to time and zoning amendments may be approved for specific properties by the Governing Body under the procedures in this chapter. In addition, changes in the conditions of approval pertaining to a specific rezoning or special use approval may also be approved by the Governing Body following the procedures in this chapter. The procedures for special uses, which may be approved for specific properties, shall also be as provided in this chapter.

§ 18-2-2

Initiation

(a)An application for a rezoning or special use for any property or properties in the city may be initiated by the Governing Body, owner of the property, or some other person given authorization by property owner to file said application.

(b)Any applicant wishing to apply for rezoning or special use must schedule an appointment with the Community and Economic Development Department staff review the application for completeness. No such application shall be accepted for processing by the Director unless it meets the requirements of this section.

Incomplete or improper applications will be returned to the applicant. The Director is hereby authorized to establish administrative deadlines for the receipt of applications.

(c)Any applicant wishing to file an application for a zoning change related to a planned unit development zoning district must schedule a conference with the Community and Economic Development Department staff at least 15 days prior to filing an application and shall also submit the additional application materials specified in Section 18-2-5.

§ 18-2-3

Requirements for Submittal

All applications for a rezoning or special use shall at a minimum consist of the following:

(a)Application form. A completed original application shall be submitted to the Community and Economic Development Department on forms provided by the City.

(b)Fee. All applications shall be accompanied by a non-refundable fee as fixed from time to time by the Governing Body. A fee shall not be charged if the Governing Body initiates the application.

(c)Plat or boundary survey. A to-scale plat or boundary survey of the property or properties involved in the application, submitted in PDF or other format accepted by the City.

(d)Legal description. An electronic copy of the legal description of the property that corresponds with the property or properties shown on the submitted boundary survey/plat.

(e)Written narrative. A written narrative in electronic format indicating, at a minimum, the following:

(1)The purpose of the request, proposed use, economic and environmental impacts as well as overlay districts or protection areas in which the property is located, such as the North Oconee Water Supply Watershed Protection Overlay.

(2)A full description of the concept plan including the proposed use, setbacks, right-of- way widths, building heights, signage, the maintenance and ownership of any streets or roads, and plans for the maintenance of any stormwater facilities.

(f)Architectural renderings. Architectural renderings in electronic format for any proposed new construction or exterior alterations of the existing structure(s), including at a minimum:

(1)Roof pitch;

(2)Materials to be used on exterior;

(3)Basic landscaping proposed; and

(4)Building elevations.

(g)Concept plan. An application for a rezoning or special use approval related to a residential subdivision, multi-family, or nonresidential use or zoning district shall be accompanied by a concept plan if any new construction is proposed or alteration of the site is required under the site or development design standards of this Code. An as-built survey (rather than a concept plan) indicating the most current development conditions must be submitted with those applications regarding existing developments that are not to be altered.

(h)Traffic impact analysis. Any application for a rezoning or special use which exceeds the thresholds established in Section 18-4-4 shall submit a traffic impact analysis as specified in Chapter 18-4.

(i)Development of regional impact. Any application for a rezoning or special use and development approval that meets or exceeds the thresholds established by the state Department of Community Affairs shall be considered a development of regional impact (DRI), and as such, shall comply with the procedures set forth in Chapter 18-5.

(j)The Director may request information in addition to that specified in this section when considered necessary for review of the application by the Governing Body or Planning and Appeals Board.

(k)Anyone filing an application may be exempt from the above submittal requirements of this section, provided the application is for rezoning to R-I-A, R-I, or N-C zoning district, does not involve a subdivision development, and includes the fee, plat or boundary survey, legal description and written narrative of this Section 18-2-3.

§ 18-2-4

Concept Plan Requirements

Applications for a rezoning or special use shall include a concept plan submitted in electronic format and drawn to scale on a boundary survey of the tract by a state-licensed architect, engineer, landscape architect, or land surveyor. The concept plan shall at minimum include the information specified in this section.

(a)Name, address, and telephone number of the property owner.

(b)Name, address, and telephone number of the applicant.

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

(d)Proposed use of the property.

(e)Location (land district and land lot) and size of the property in acres (or in square feet if less than an acre).

(f)Location map of the property in relation to the surrounding area with regard to well-known landmarks such as arterial streets or railroads. Location maps must be drawn 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.

(g)Zoning district classification of the subject property and all adjacent properties, and zoning district boundaries.

(h)Natural features within the property, including drainage channels, bodies of water, wooded areas and other significant natural features such as rock outcroppings. On all water courses entering or leaving the property, the direction of flow shall be indicated.

The 100-year flood plain, if any, shall be outlined.

(i)Man-made 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, utilities, existing buildings to remain, cultural and historic features, and other features as appropriate to the nature of the request.

(j)The proposed project layout including:

(1)For subdivisions, approximate lot lines and street right-of-way lines, along with the front building setback line on each lot.

(2)For multi-family and nonresidential development projects, the approximate outline and location of all buildings, and the location of all minimum building setback lines, outdoor storage areas, buffers, parking areas and driveways.

(k)The proposed phasing of the development if it is proposed to be built in sections.

(l)A statement as to the source of domestic water supply.

(m)A statement as to the provision for sanitary sewage disposal.

(n)A statement as to the provision for solid waste disposal.

(o)A statement as to the practicability of runoff reduction and feasibility of site and size of aboveground and/or belowground stormwater BMPs with respect to desired zoning density.

(p)The approximate location and surface area of proposed stormwater facilities.

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

§ 18-2-5

Special Application Requirements for Planned Unit

Developments Applications for rezoning to the PUD, planned unit development district, or applications for a zoning amendment of an existing PUD shall, in addition to the other requirements specified in this chapter, include the following:

(a)Binding concept plan. Unless specifically approved otherwise, the concept plan shall become a condition of zoning approval and must be followed. Minor modifications to the concept plan may be allowed by the Director upon determination that the modifications are limited to dimensional design features of the plan and do not include any changes to allowable uses, maximum density, an increase in the square footage of any nonresidential structures, of the addition of any building or structures, driveways, roads, or parking lots into any open space, yard, of buffer.

(b)Architectural elevations. Applications shall include perspective front, side, and rear elevation drawings of representative building types. These drawings shall indicate general architectural characteristics. If the PUD is approved, architectural elevations submitted as part of the application shall be considered binding unless specifically noted otherwise in the approval.

(c)Land uses and development summary. The application shall include:

(1)A list of all land uses proposed to be included in the PUD;

(2)The total land area devoted to each of the land uses proposed;

(3)The percentage of the total land area within the PUD devoted to each proposed land use;

(4)The number of residential units by type, including the typical floor area for each type of dwelling unit, site density; and

(5)The total square footage of buildings devoted to non-residential uses.

In addition, the application shall contain a development schedule indicating the approximate dates for beginning and completing the project, or each phase if the development is to be phased, and the extent of development and types of land uses in each phase.

(d)Dimensional requirements. The application shall contain all dimensional requirements that are proposed to apply within the PUD, including minimum lot sizes, minimum lot widths, maximum building coverage, stormwater structural best management practices coverage, maximum impervious area, front, side and rear building setbacks, and maximum heights. Such proposed dimensional requirements shall be presented in a table on the development plan. The application should indicate dimensional provisions for those items specified in Section 4-6-1 and Section 5-8-1, to the extent they apply to the uses proposed.

(e)Improvement requirements comparison. The application shall contain descriptions of improvements to be constructed within the PUD, such as but not limited to street types, right-of-way widths, pavement widths, pavement materials, sidewalk locations and dimensions, and other improvements. Such proposed improvements shall be presented in a table on the development plan that shows the proposed improvements in comparison with improvements that would be required otherwise without approval of a PUD. To the extent they can be shown at the time of development plan approval, environmental quality standards should be incorporated in the development application, particularly as they relate to storm water runoff, stream protection, and tree protection.

(f)Private restrictions. PUDs that have commonly owned facilities and space shall have private restrictions and covenants established which shall be subject to the approval of the city attorney and the Director. The developer of a PUD involving commonly owned facilities and space shall submit, along with the development plan application, a declaration of covenants, conditions, and restrictions and articles of incorporation and by-laws for the property owners or homeowners association. The declaration shall confer membership to the owner of property subject to assessment by the association, provide for voting rights in the association with suggestions for the division of power between the developer and the property owners, and provide for maintenance assessments, among other things. The Director may waive the requirements of this paragraph when, in his or her opinion, an applicant submits a letter that demonstrates his or her intent to comply with these requirements and addresses any particular issues associated with maintenance of common grounds.

(g)Community benefit statement. The applicant shall submit a written statement identifying the relative benefits that will accrue to the community as a result of the property being developed under PUD provisions. Benefits to the community include mixed land uses that reduce vehicle trips, open spaces provided and linked to larger open space networks, natural features retained, and quality architectural designs provided. This statement is a developer's opportunity to define why the PUD proposal merits approval and how it will serve the community better than a conventional development.

§ 18-2-6

Notice of Public Hearing in Newspaper

Before the Governing Body may take final action on a proposed rezoning or special use application, the Planning and Appeals Board shall hold a public hearing on the proposal. At least 15 days but not more than 45 days prior to the public hearing before the Planning and Appeals Board, notice shall be published in a newspaper of general circulation within the city.

The published notice shall be prepared by the Community and Economic Development Department and shall include the location of the property, the present zoning classification of the property, the proposed rezoning or special use requested, and the date, time, and place of the public hearing before the Planning and Appeals Board. Notice of the date, time, and place of the public hearing before the Governing Body shall also be provided.

§ 18-2-7

Notice of Public Hearing by Sign on Property

At least 15 days but not more than 45 days prior to the public hearing, the city shall post a sign or signs stating the date, time and place of the public hearing before the Planning and Appeals Board, the present zoning classification and the proposed zoning change or the proposed special use. One such sign shall be placed in a conspicuous location along each street frontage of the property for which the rezoning or special use has been requested. For properties with street frontage greater than 600 feet in length, one such sign shall be placed for each 600 feet of street frontage or portion thereof. If the property has no street frontage, the sign shall be placed on each street from which access will be gained to the property. Notice of the date, time, and place of the public hearing before the Governing Body shall also be provided.

§ 18-2-8

Notice to Adjacent Property Owners

At least 10 days prior to the Planning and Appeals Board public hearing, the applicant shall cause a notice to be mailed to all persons owning property located abutting or across any street from the property that is the subject matter of the rezoning or special use application.

The written notice shall be mailed to the property owners as such names and addresses appear on the county's ad valorem tax records. The notice shall state the date, time, place and purpose of the hearing by the Planning and Appeals Board. Notice of the date, time, and place of the public hearing before the Governing Body shall also be provided.

§ 18-2-9

Special Notice Requirements

Pursuant to the specific requirements of the Zoning Procedures Law (O.C.G.A. 36-66-6), when a proposed rezoning or special use application 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 Director shall ensure that the additional public notice requirements of O.C.G.A.

36-66-6 are met.

§ 18-2-10

Investigations and Staff Recommendation

(a)Within a reasonable period of time after acceptance of a complete application, the Director may, but shall not be required, to send the application or notice thereof out for review by internal municipal departments and external agencies as may be appropriate. Any written comments received in a timely manner as a result of such review shall be submitted for consideration to the Planning and Appeals Board and Governing Body or summarized in a memorandum. Any such comments shall become public records.

(b)The Director may, but shall not be required to, investigate and make a recommendation regarding a rezoning or special use application based on the criteria in Section 18-2-12, Section 18-2-13, and Section 18-2-14, as applicable. Any such investigation and recommendation shall if in writing be made available to the applicant and Planning and Appeals Board prior to its public hearing and shall become public records. Copies of the Director's findings and recommendations, if provided, shall be available no later than the time of the Planning and Appeals Board 's public hearing on the matter.

§ 18-2-11

Planning and Appeals Board Hearing and Recommendation

The Planning and Appeals Board shall convene a public hearing on the rezoning or special use application as provided in the public notice. The public hearing shall follow policies and procedures which govern calling and conducting public hearings established in Section 18-2-9.

The Planning and Appeals Board shall have 65 calendar days from the date of its public hearing within which to submit its recommendation on the rezoning or special use application. The Planning and Appeals Board may submit any additional report it deems appropriate. The recommendations of the Planning and Appeals Board shall have an advisory effect only and shall not be binding on the Governing Body.

§ 18-2-12

Criteria to Consider for All Applications

The Planning and Appeals Board and the Governing Body shall consider the following standards in considering any rezoning, zoning amendment, or special Use application, giving due weight or priority to those factors that are appropriate to the circumstances of each proposal:

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

(b)Will the proposed use adversely affect the existing use or usability of adjacent or nearby property?

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

(d)Are their substantial reasons why the property cannot or should not be used as currently zoned?

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

(f)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?

(g)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?

§ 18-2-13

Additional Procedures and Criteria for Planned Unit

Developments In addition to the requirements for a rezoning or special use specified in Section 18-2-3, approval proceedings for PUD rezoning/zoning amendment and development approval shall include the following:

(a)Preapplication conference. At least 15 calendar days prior to filing a formal application for a PUD, the applicant is required to confer with the Community and Economic Development Department to review the general character of the plan and to obtain information on the nature and extent of the proposed development.

(b)Criteria for approval. In considering and acting upon applications for PUDs, the Planning and Appeals Board and the Governing Body shall consider and base their recommendation and decision, respectively, on the following criteria (not all inclusive), and any other factors it may consider appropriate in reaching such a decision:

(1)The extent to which the proposed mix of land uses is appropriate in terms of location and character.

(2)The extent to which the development is compatible with surrounding properties as it relates to the overall scale and design of development.

(3)The extent to which the proposed architectural features of buildings within the development are harmonious.

(4)The adequacy of open spaces, play areas and recreation facilities that are provided for the needs of the development occupants.

(c)Revisions. Amendments to approved PUD rezoning and development applications, including those approved prior to the adoption of this chapter, shall be permitted but governed by this chapter.

(d)Permits and certificates. No building permit or certificate of occupancy shall be issued for a building, structure, or use, nor shall any excavation, grading, or land disturbance applications be approved, for any PUD that has not been approved in accordance with the provisions of this chapter. The Director shall authorize the issuance of building permits for buildings and structures in the area covered by the approved development if they are in conformity with the approved development, after improvements are installed in accordance with applicable improvement requirements, and if found to be in conformance with all other applicable regulations. The Director shall authorize the issuance of a certificate of occupancy for any completed building, structure, or use located in the area covered by the PUD approval if it conforms to the requirements of the approved development and all other applicable regulations.

After full build out of a PUD, the use of land and construction, modification, or alteration of any buildings, structures, or uses shall continue to be regulated by the approved development plan.

§ 18-2-14

Additional Criteria to Consider for Special Use Applications

The Planning and Appeals Board and the Governing Body shall consider the following standards in considering any special use application, giving due weight or priority to those factors that are appropriate to the circumstances of each proposal:

(a)The type of street providing access to the subject property is adequate to serve the proposed special use.

(b)Access into and out of the property adequately provides for traffic and pedestrian safety, the anticipated volume of traffic flow, and access by emergency vehicles.

(c)Refuse, service, parking and loading areas on the property are located and screened to protect other properties in the area from such adverse effects as noise, light, glare or odor.

(d)The hours and manner of operation of the special use have no adverse effects on other properties in the area.

(e)The height, size and location of the buildings or other structures proposed on the property are compatible with the height, size or location of buildings or other structures on neighboring properties.

§ 18-2-15

Withdrawal and Waiting Period for Reapplication

(a)A rezoning or special use application may be withdrawn at any time at the discretion of the person or entity initiating such a request upon notice to the Director, up until the public hearing by the Planning and Appeals Board is closed.

(b)If the applicant withdraws the application prior to the publication of notice for public hearing before the Planning and Appeals Board, the application shall be withdrawn administratively by the Director without restriction on the refiling of a proposed zoning change or special use on the property in the future.

(c)If the applicant withdraws the application after notice has been published or is irretrievably set for publication, but the application has not been heard by the Planning and Appeals Board, the application shall be withdrawn administratively by the Director and an application for rezoning or special use on the property may not be resubmitted for 6 months from the date of withdrawal.

(d)If the request for withdrawal is made at the Planning and Appeals Board public hearing on the case, the request may be approved by a majority vote of the board, but an application for a rezoning or special use on the property may not be resubmitted for 6 months from the date of withdrawal.

(e)If the request for withdrawal is made by the applicant following the Planning and Appeals Board hearing, the application shall remain on the Governing Body public hearing agenda and the withdrawal request shall be considered for approval or denial, with or without prejudice, by the Governing Body.

(f)If denied, a rezoning or special use request affecting the same property shall not be reconsidered for a period of 6 months from the date of denial.

§ 18-2-16

Notice of Public Hearing by the Governing Body

(a)The Governing Body shall hold a public hearing on the rezoning or special use application. If the Planning and Appeals Board makes a recommendation on the rezoning or special use application at the date of its public hearing or within a time frame sufficient for the public hearing by the Governing Body to be held as scheduled, the Governing Body shall proceed with the advertised public hearing.

(b)If the Planning and Appeals Board does not make a recommendation on the rezoning or special use application before the scheduled and advertised public hearing to be held by the Governing Body, the Director shall schedule a new date for the public hearing by the Governing Body and will provide notice of said rescheduled public hearing at least 15 days but not more than 45 days prior to the public hearing. Said notice shall be accomplished by notice in a newspaper of general circulation in the city, posting of a sign on the property, and notice to adjacent property owners just the same as required by this chapter for the initial application.

§ 18-2-17

Revision of Concept Plan

A concept plan that is part of a rezoning or special use application may be revised and resubmitted by the applicant during the process, but in no event shall a revised concept plan resubmitted by an applicant be accepted or considered less than 10 calendar days prior to the public hearing by the Governing Body. At its discretion, the Governing Body may refer an application involving a concept plan revised after consideration by the Planning and Appeals Board back to the Board for additional study and recommendation.

§ 18-2-18

Action by Governing Body

(a)No action shall be taken on a Rezoning or Special Use application by the Governing Body until it has received a recommendation by the Planning and Appeals Board, or upon the expiration of the 65 day review period of the Planning and Appeals Board.

In rendering a decision on a Rezoning or Special Use application, the Governing Body shall consider all information supplied by the applicant, the Director, and the Planning and Appeals Board, any information presented at the public hearing of the Planning and Appeals Board, and information gained at its own public hearing.

(b)After conducting a public hearing, in taking action on an application, the Governing Body may:

(1)Approve the application as submitted by ordinance.

(2)Approve the application with conditions.

(3)Deny the proposal.

(4)Table the proposal for consideration at a future meeting.

(5)Refer the application back to the Planning and Appeals Board for further consideration, with notice of public hearings before the Planning and Appeals Board and Governing Body, the same as required for the initial application.

(6)Refer the application back to the Planning and Appeals Board for further consideration, without the requirement to hold a public hearing and provide notice thereof.

§ 18-2-19

Insufficient Basis for Denial

Applications for a rezoning and special use shall not be required to demonstrate compliance with all applicable regulations of this Code for land development permits or building permits.

The Planning and Appeals Board shall not base its recommendation to deny a rezoning or special use application, and the Governing Body shall not base its denial of a rezoning or special use application, on the failure of a rezoning or special use application to demonstrate compliance with land development permitting requirements including but not limited to tree protection, stormwater management, and flood plain regulations.

§ 18-2-20

Decisions Involving Constitutional Challenges

(a)In ruling on any rezoning in which the applicant has brought a constitutional challenge to the existing zoning classification, the Governing Body shall pay particular attention to the following criteria which have been applied by state courts in zoning matters:

(1)Existing uses and zoning of the subject and 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, if any, promotes the healthy, 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 zoned purposes;

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

(b)The existing zoning classification shall be considered presumptively valid and it shall be the responsibility of the applicant to present evidence that rebuts this presumption. If the Governing Body determines, from the evidence presented, that the existing zoning classification is unduly burdensome to the applicant and is not offset by the considerations of the public's health, safety, morals and general welfare, and considerations of the integrity of this Code and of the official zoning map, the Governing Body may impose upon said property any appropriate zoning classification, including conditions, which might be consistent with these considerations and the criteria described in this chapter.

§ 18-2-21

Fast Track Process

(a)The Governing Body may, in its judgment in cases involving redevelopment or extraordinary economic development, pass a motion in a regular meeting, which provides for an expediting of the procedures for rezoning applications and special uses established in this chapter, including the following:

(1)One public hearing may be held for a combination of any of the following zoning actions: to rezone a property to another zoning district; rezoning of property to be annexed into the City; or a permit relating to special use of property.

(2)Application requirements specified in this chapter may be waived, in order to expedite the review and public hearing process.

(b)Such a fast track process, if exercised, shall not be inconsistent with the Zoning Procedures Act, O.C.G.A. § 36-66. seq. In opting to use this fast track approval process, the Governing Body may instruct the Director to notify the public and seek input on the matter by other means.

§ 18-2-22

Incorporation Clause

This chapter is intended to comply with the provisions of the Georgia Zoning Procedures Law, O.C.G.A. § 36-66 et seq., which Act is incorporated by reference in its entirety into this Code.

Where any provision of this chapter is in conflict with any provision of the law, the law shall control. Or where this chapter is incomplete in having failed to incorporate a provision necessarily required for the implementation of the law, such provision of the law, so as to meet the mandate of the law, shall be fully complied with, except that where an application to annex property into the city is initiated by the Governing Body, only those notice requirements and public hearing procedures set forth in O.C.G.A. § 36-66-4(d) shall be required for zoning of property to be annexed into the city, notwithstanding any other procedures or requirements set forth in this Code.