§ 115-281. Special use permits.

(a)

Purpose. The purpose of a special use permit is to provide a process for review of a use that is generally compatible with the use characteristics of a zoning district, but requires individual review of its location, design, height, intensity, configuration and public facility impact to determine the appropriateness of the use for any particular site and its compatibility with adjacent uses.

(b)

Authority. The Mayor and City Council shall take final action on applications for special use permits in accordance with the procedures, standards and limitations of the Zoning Ordinance. In order to accommodate these special uses, the special use permit allows the Mayor and City Council to approve a special use on a particular parcel without changing the general zoning district. Such approval shall be subject to the requirements set forth in this Zoning Ordinance and any additional conditions deemed necessary to ensure the compatibility of the special use with the surrounding properties. The special use permit shall not be used for securing early zoning for conceptual proposals which may not be undertaken for some time.

(c)

Special use permit procedure. The application, notice and review process for a special use permit shall be the same as those contained in section 115-280(g), herein. In addition to the information and/or site plans which are required to be submitted for the proposed development, additional information deemed necessary by the Community Development Director to evaluate a proposed use and its relationship to the surrounding area shall be submitted, including but not limited to square footage of the structure, number of parking spaces, days of operation, and number of employees.

(d)

Analysis of the Community Development Department staff and recommendation. The staff analysis and recommendation on each application for a special use permit shall follow the same procedures as those contained in section 115-280(g), herein. In the review process, particular emphasis shall be given to the evaluation of the characteristics of the proposed use in relationship to neighboring properties and the compatibility of the proposed use with its surroundings.

(e)

Public hearing required. The public hearing process, impact analysis and application of the Standards Governing the Exercise of Zoning Power for a special use permit shall be the same as those contained in section 115-280, herein.

(f)

Action by the Mayor and City Council. When considering a special use permit application, and in addition to Standards Governing the Exercise of Zoning Power, the Mayor and City Council shall consider the policies and objectives of the Comprehensive Plan, particularly in relationship to the proposed site and surrounding area, and shall consider the potential adverse impacts on the surrounding area, especially in regards to but not limited to traffic, storm drainage, land values and compatibility of land use activities. Following its public hearing the Mayor and City Council may:

(1)

Approve, by ordinance, the proposed special use as presented;

(2)

Approve, by ordinance, the proposed special use with conditions;

(3)

Deny the proposed special use in whole or in part;

(4)

Refer, by motion, the matter back to the Planning and Zoning Board for reconsideration;

(5)

By motion, table final action to a future regularly scheduled business session or public hearing, or table the final action indefinitely.

(g)

Special uses within a residential district. An application for a special use permit in a residential zoning district where the proposed special use is proposed to operate in a dwelling or as an accessory use to a dwelling is subject to the following additional requirements:

(1)

The special use permit shall be valid for no more than an initial two-year period. Upon or before the expiration of the special use permit, the owner shall make application to renew the special use permit if continuance is desired. As part of a special use permit renewal, the Mayor and City Council may waive any subsequent time limitation.

(2)

The special use shall operate within the dwelling on the property or, if approved by the Mayor and City Council, in an accessory structure.

(3)

The exterior character of the dwelling shall be preserved in its residential state and there shall be no outside evidence of the operation of the special use to the neighborhood, except for any accessory structure approved by the Mayor and City Council.

(4)

The owner of the property or business shall occupy the property and shall operate any business associated with the special use.

(5)

The owner of the property shall submit with the application a signed statement in which he/she agrees that the special use permit, if approved, shall automatically terminate in the event that the property is sold, transferred, or otherwise conveyed to any other party; or the business which operates the special use is sold, transferred, otherwise conveyed or discontinued; or if the special use ceases to operate for a period of 90 days or more. The owner shall also agree to notify the Community Development Director in writing upon the occurrence of any of these events.

(6)

In addition to the information and/or site plans required, the owner of the property shall submit with the application for a Special Use Permit information regarding the ownership of any business associated with the use, the experience and background qualifications related to the operation of said business, prior similar businesses operated, applicable State of Georgia certifications, licenses and like information.

(h)

Voluntary termination of a special use permit. The owner of the property approved for a special use permit may voluntarily request termination of the special use permit by notifying the Community Development Director in writing. The Community Development Director shall notify the Mayor and City Council through the Planning and Zoning Board of voluntary terminations as they occur and shall change the official zoning maps to reflect any voluntary terminations. The approval of a special use permit for a specific use which may be operated by a lessee under a private agreement with a lessor in any zoning district shall not obligate the Mayor and City Council to be responsible for or be required to resolve any disputes which may arise out of the voluntary termination of the special use permit by the property owner.

(i)

Change in conditions or modification of a special use permit. Requests to change the conditions or any other modification of an approved special use permit shall be subject to the same application, notice, review and approval process as a new application, including the payment of relevant fees.

(j)

Development of an approved special use.

(1)

The issuance of a special use permit shall only constitute approval of the proposed use, and development of the use shall not be carried out until the applicant has secured all other permits and approvals required. The Community Development Department shall not issue a certificate of occupancy for the specific use unless all requirements and conditions of the special use permit have been fulfilled by the owner of the property.

(2)

If an application is approved and a special use permit is granted, all conditions which may have been attached to the approval are binding on the property. All subsequent development and use of the property shall be in accordance with the approved plan and conditions. Once established, the special use shall be in continuous operation. Upon discovery that the operation of the special use has or had ceased for a period of 90 days or more and the owner of the property has not requested voluntary termination of the special use permit, the Community Development Director may forward a report to the Mayor and City Council through the Planning and Zoning Board which may recommend that action be taken to terminate the special use permit from the property.

(k)

Compliance with special use permit requirements. The Community Development Director shall have the right to periodically examine the operation of the specific use to determine compliance with the requirements and any conditions of a special use permit. If the Community Development Director determines that the requirements and conditions are being violated, a written notice shall be issued by hand-delivery, by electronic mail with delivery and read receipts requested to the owner's e-mail address of record, or by certified mail return receipt requested to the owner of the property outlining the nature of the violation and giving the owner of the property a maximum of ten days to come into compliance. If such notice is e-mailed or mailed to the owner, the notice shall be deemed to have been given upon the date of sending. The notice shall also state that the owner has the right to appeal the determination of the Community Development Director to the Zoning Board of Appeals. If after ten days the violations continue to exist, the Community Development Director shall forward a report to the Mayor and City Council through the Planning and Zoning Board, which report may recommend that action be taken to remove or terminate the special use permit from the property, or to exercise all other rights of enforcement permitted by law. The Mayor and City Council may stay their proceedings on such a report from the Director pending resolution of any timely appeal to the Zoning Board of Appeals.

(l)

Actions to be taken if plans of property owner are not implemented within specified time limits. The special use for which a special use permit is granted shall commence operations or construction within 12 months of the date of approval by the Mayor and City Council. If, at the end of this 12-month period, the Community Development Director determines that active efforts are not proceeding toward operation or construction, a report may be forwarded to the Mayor and City Council through the Planning and Zoning Board which may recommend that action be taken to remove or terminate the special use permit from the property.

(m)

Appeal of a special use permit decision. Any person, persons or entities jointly or severally aggrieved by any decision of the Mayor and City Council regarding a special use permit application or regarding any other action of the Mayor and City Council regarding a special use permit, including action to terminate such a permit, may take an appeal to the Superior Court of the County. The appeal shall be limited to the proceedings and record of the Mayor and City Council. Any appeal must be filed within 30 days of the decision of the Mayor and City Council, and upon failure of such appeal, the decision of the Mayor and City Council shall be final.

(Ord. No. 19-2018 , § I, 12-3-2018)