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Rezoning-Application-2016 - variance application

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City of Dahlonega Planning & Zoning
465 Riley Road
Dahlonega, GA 30533
Phone: 706/864-6133 Fax: 706/864-4837
MEMORANDUM
TO: Applicants for Rezoning
FROM: City of Dahlonega
RE: Rezoning procedure and application materials
In order to assist you in preparing your variance application, and to enable a
complete understanding of the variance application process, this package has been
assembled. The following attachments are included:
1. Rezoning application form.
2. A flow chart of the application process.
3. Schedule of Zoning application hearings and the deadline dates for submittal.
*A copy of Article XXVI of the zoning ordinance which describes in detail the required
amendment application procedures is available upon request at the office.
The application fee of $200 is due at the time of submittal.
In addition to the application and/or site plans you may want to include a brief narrative
explaining what you are requesting and why.
Please be advised that someone will need to be at the meetings to present the request
or the item will be tabled and there will be another application fee due before
rescheduling. Call if you need additional information.
Page 1 of 19
REZONING APPLICATION FORM
CITY OF DAHLONEGA, GEORGIA
************************************************************************
******
Property Owner: Name:
Address:
Phone:
Applicant: Name:
(if different from Owner) Address:
Phone:
Agent: Name:
(if applicable) Address:
Phone:
Existing Zoning:
Proposed Zoning:
Existing Use:
Proposed Use:
Acreage of Site:
Location of Property:
(Street address)
Tax Plat and parcel:
A metes and bounds legal description is required. Also attach a boundary survey of the
property if available.
Page 2 of 19
1) The applicant is bound by the submitted site plan and letter of intent if this
application is approved and development must be initiated within twenty-four months
or the approved zoning is subject to reversion to its previous zoning by the Governing
Body.
2) It is the policy (but not a legal requirement) that adjacent property owners and those
owners within 150 feet of the subject property are notified by certified mail of the
application.
3) The following nine questions can be answered within a letter of intent, but failure to
answer any one can result in denial of the application.
Complete the following information. (This section may be addressed in the letter of
intent.)
1. The existing uses and zoning of nearby property and whether the proposed zoning
will adversely affect the existing use or usability of nearby property.
2. The extent to which property values are diminished by the particular zoning
restrictions.
3. The extent to which the destruction of property values promotes the health, safety,
morals or general welfare of the public.
4. The relative gain to the public as compared to the hardship imposed upon the
individual property owner.
Page 3 of 19
5. The physical suitability of the subject property for development as presently
zoned and under the proposed zoning district.
6. The length of time the property has been vacant, considered in the context of land
development in the area in the vicinity of the property, and whether there are
existing or changed conditions affecting the use and development of the property
which give supporting grounds for either approval or disapproval of the rezoning
request.
7. The zoning history of the subject property.
8. The extent to which the proposed zoning will result in a use which will or could
cause excessive or burdensome use of existing streets, transportation facilities,
utilities, schools, parks, or other public facilities.
9. Whether the zoning proposal is in conformity with the policy and intent of the
comprehensive plan, land use plan, or other adopted plans.
Page 4 of 19
**************************************************************************************
Property Owner’s Certification
I hereby request the action contained with this application relative to the property
shown on the attached plats and site plan and further request that this item be placed on
both the Planning Commission and City Council’s agenda(s) for a public hearing.
I understand that the Planning and Development staff may either accept or reject my
request upon review. My request will be rejected if all the necessary data is not
presented.
I understand that I have the obligation to present all data necessary and required by
statute to enable the Planning Commission and City council to make an informed
determination on my request. I will seek the advice of an attorney if I am not familiar
with the zoning and land use requirements.
I understand that my request will be acted upon at the Planning Commission and City
Council hearings and that I am required to be present or to be represented by someone
able to present all the facts. I understand that failure to appear at the public hearing may
result in the postponement or denial of my application. I further understand that it is my
responsibility to be aware of relevant public hearing dates and time regardless of
notification from the City of Dahlonega.
I herby certify that I have read the above and that the above information as well as the
attached information is true and accurate.
I certify that I am the owner of the property described in the attached legal description,
that all information contained in this application is true and correct to the best of my
knowledge, and that the applicant and/or agent listed above is authorized to act as the
applicant and/or agent in the pursuit of rezoning of this property.
Signature of Property Owner: _________________________________________
Printed name of Property Owner :_________________________________________
Date of Signature:_________________________________________
Signature of Witness: __________________________________________________
Page 5 of 19
DISCLOSURE OF CAMPAIGN CONTRIBUTION
(Applicant(s) and Representative(s) of rezoning)
Pursuant to OCGA Section 36-37 A-3.A, the following disclosure is mandatory when an
applicant or any representation of application for rezoning has been made within two (2)
years immediately preceding the filing of the applicant's request for re-zoning &
campaign contributions aggregating $250.00 or more to a local government official who
will consider the application for rezoning.
It shall be the duty of the applicant and the attorney representing the applicant to file a
disclosure with the governing authority of the respective local government showing the
following information:
1. The name of the local official to whom the campaign contribution was made:
___________________________________________________________.
2. The dollar amount and/or description of each campaign contribution made by the
applicant to the local government official during the two years immediately
preceding the filing of the application for the rezoning action and the date of each
such contribution:
Amount $____________________________
Date:_________________
Amount $____________________________
Date:_______________
3. Enumeration and description of each gift when the total value of all gifts is
$250.00 or more made to the local government official during the 2 years
immediately preceding the filing application for rezoning:
Signature of Applicant/
Representative of Applicant: _________________________________
Date: __________________________
By not completing this form you are making a statement that no disclosure is required
because no contributions have been made.
This form may be copied and additional pages attached if necessary.
Page 6 of 19
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Page 15 of 19
HEARING SCHEDULE
Deadline for application
Submittal
Public Hearing
Planning & Zoning Meeting
Public Hearing Mayor & City
Council Meeting
30 days prior to Meeting Date.
Meeting Date is the 2
nd
Monday
of each month.
Please submit your request ASAP.
2
nd
Monday of each month
1
st
Monday of each month
Advertisement
(Newspaper Notice)
(Sign Posted on Property)
Recommendation by Zoning
Officer
Planning Commission
Meeting and Recommendation
(Public Hearing)
Up to 30 days
Minimum 15 days
notice required
Governing Body
may refer
application back
Governing Body
Public Hearing and Decision
Decision may be postponed
Submit completed application materials to zonin
g
officer
REZONING, VARIANCE, SITE PLAN AND CONDITIONAL USE PROCESS
Page 16 of 19
Section 2605. Application Requirements.
Application materials specified in this section shall be required for the following petitions:
amendments to the official zoning map, alterations or extensions of conditional zoning, conditional
use permits, development plan approvals within the Planned Unit Development (PUD) District,
Mobile Home Park (MHP) District, applications for condominium site plan approval, variances or
appeals to the Board of Zoning Appeals:
1. An application form furnished by the Zoning Administrative Officer; and
2. A legal description of the property to be considered in the application. The legal
description shall be by metes and bounds unless an alternative legal description is
accepted by the Zoning Administrative Officer. Boundary surveys of the property
should be submitted with the application whenever available; and
3. A letter of intent which describes general characteristics of the proposed development
such as type and time frame of development, background information in support of
such application, and any other information deemed pertinent by the applicant. For
variance applications, the letter of intent shall address the criteria specified in Section
2406. of these regulations. For zoning map amendment applications, the letter of
intent shall address the standards specified in Section 2607. of these regulations. For
conditional use permit applications, the letter of intent shall address the standards
specified in Section 2608. of these regulations. For PUD applications the letter of
intent shall take the form of a development plan summary report which shall also
address the items enumerated in Section 1303.
4. A site plan with all information specified in Section 2606. except that zoning map
amendment applications for R-1 zoning shall not require a site plan. Unless otherwise
noted in the approval, the site plan submitted in support of an approved application
shall be considered a part of the approval and must be followed.
5. A fee for said application as established by the Governing Body from time to time.
6. Applications for conditional use permits to exceed the height limitations, applications
for conditional signs, and applications for Certificates of Appropriateness shall also
require architectural elevations of all proposed structures and buildings requested for
approval.
7. Applications which require action by the Governing Body shall also require disclosure
of any conflicts of interest as specified in Chapter 67A of the Georgia Code, "Conflict
of Interest in Zoning Actions."
Page 17 of 19
Applicants shall submit fifteen (15) copies of any required site plans, development plans, elevation
drawings and letters of intent to the Zoning Administrative Officer for distribution to the applicable
bodies and/or review agencies. The Zoning Administrative Officer may require more or less copies
depending on the nature and extent of required review.
Section 2606. Site Plan Requirements.
All site plans required by this Article shall, at a minimum, contain the following information:
1. Title of the proposed development and the name, address and telephone number of
the property owner.
2. The name, address and telephone number of the architect, engineer or other designer
of the proposed development.
3. Scale, date, north arrow, and general location map showing relationship of the site to
streets or natural landmarks.
4. Boundaries of the subject property, all existing and proposed streets, including right-
of-way and street pavement widths; buildings; water courses; parking and loading
areas; and other physical characteristics of the property and proposed development.
5. Building setbacks, buffers, landscape strips, and tree protection zone.
Section 2607. Criteria To Consider For Map Amendments.
The applicant, staff, Planning Commission and Governing Body should review an application
for zoning map amendment with regard to the following criteria:
1. The existing uses and zoning of nearby property and whether the proposed zoning will
adversely affect the existing use or usability of nearby property.
2. The extent to which property values are diminished by the particular zoning
restrictions.
3. The extent to which the destruction of property values promotes the health, safety,
morals or general welfare of the public.
4. The relative gain to the public, as compared to the hardship imposed upon the
individual property owner.
5. The physical suitability of the subject property for development as presently zoned
and under the proposed zoning district.
6. The length of time the property has been vacant, considered in the context of land
development in the area in the vicinity of the property, and whether there are existing
or changed conditions affecting the use and development of the property which give
supporting grounds for either approval or disapproval of the rezoning request.
Page 18 of 19
7. The zoning history of the subject property.
8. The extent to which the proposed zoning will result in a use which will or could cause
excessive or burdensome use of existing streets, transportation facilities, utilities,
schools, parks, or other public facilities.
9. Whether the zoning proposal is in conformity with the policy and intent of the
comprehensive plan, land use plan, or other adopted plans.
The staff, Planning Commission and Governing Body may consider other factors deemed
relevant before formulating recommendations and taking action on a particular request.
Section 2608. Criteria To Consider For Conditional Uses.
The applicant, staff, Planning Commission and Governing Body should review applications
for conditional uses with regard to the following criteria:
1. Off-street parking and loading facilities are adequate in terms of location, amount and
design to serve the use.
2. The number, size and type of signs proposed are compatible with the surrounding area.
3. The amount and location of open space and the provision of screening is such that
buffering of incompatible uses is achieved.
4. Ingress and egress to the property is suitable and safe, and the effect of the proposed
activity on traffic flow along adjoining streets is not adverse.
5. The location and intensity of outdoor lighting is such that it does not cast light on
adjacent, adjoining or neighboring properties.
6. Hours and manner of operation of the proposed use are not inconsistent with adjacent
and nearby uses.
7. Public facilities and utilities are capable of adequately serving the proposed use.
8. The proposed use will not have a significant adverse effect on the level of property
values or the general character of adjacent land uses or the general area.
9. The physical conditions of the site, including size, shape, topography and drainage,
are suitable for the proposed development.
10. The proposed use is consistent with the goals and objectives of the Comprehensive
Plan of the City of Dahlonega.
The staff, Planning Commission and Governing Body may consider other factors deemed
relevant before formulating recommendations and taking action on a particular conditional use
application.
Page 19 of 19
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Completed 12 July 2020

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