Cove Rd & Grandview Rd

Cove Rd & Grandview Rd

Vision to Reality From Plan to Implementation Richard Osborne, AICP City of Adairsville [email protected] 470-529-4008 Some info courtesy Cities of Gainesville & Madison GA; ARC; DCA Zoning Legal government regulates private property use Public health, safety, morals, general welfare Zoning map and zoning ordinance

Unified Development Code (Gordon Co, Gainesville, etc.) Zoning is constitutional 1983 GA Constitution authorized local zoning; courts affirmed Zoning What can go where - includes use table Benefits and drawbacks - flexible?

Official Zoning Map and Future Development Map Future Development Map of comp plan helps guide growth should be used in rezonings & special use decision-making process Need to change? Comp plan helps determine big changes Strengthen ordinances for enforcement Add flexibility in ordinances for redevelopment Delete or revise outdated regulations

Once-a-year review good for small changes Input from elected officials, Board, staff Text amendment(s) language from attorney Zoning and Development Regs Community Goals in line with regulations If want commercial variety - how limited is use list? If want residential variety - minimum sqft size too restrictive? Needs & Opportunities translated into code If want flexibility allow administrative variances? Add incentives for certain development? Make changes that fit your community

not necessarily just because neighbor has it Guidelines Suggestions help visualize preferences Good examples with check mark Not-so-good examples with X Overlay Districts and others Yellow corridor Encourages development consistency no matter the zone Why have an Overlay District?

Require quality aesthetics for new development Stimulate/incentivize redevelopment Local historic districts can be overlay districts Environmental districts such as river corridors Other regulations Sign regulations control clutter vs pro-business Landscape Ordinance vs Tree Preservation Ordinance Permits & Inspections

Confirm zoning / allowed use Land Disturbance Permit / Tertiary Permit Septic permit if needed Driveway permit, 911 address Building permit and inspections Certificate of Occupancy / Certificate of Completion Challenge - variance can occur during construction Development/Zoning Enforcement Keep open communication to enforce regulations City/county attorney Staff Elected officials Board members Same or similar variance being approved multiple times annually?

Regulation may need to be revised OR add administrative variance (+/- 30%) Zoning ordinance use list limited/unclear? Allowed uses list may need to be revised OR staff ability to approve use not listed Enforcement MUST be consistent Variances Deviate from regulations

Hardship? NOT for density (1 unit per acre cannot have 2 units) Precedent vs. case-by-case (ask your attorney) Board makes decision Watch for Legal Challenges Advertised per requirements? Written basis for decision in minutes

Usual Suspects Building setbacks, height, size, materials Freestanding sign size, height, setbacks Rezoning and Conditional/Special uses Rezoning From one district (resid.) to another (com.) Conditional/Special use Use not normally allowed (B&B in residential) Consider impacts Whats important to applicant? Neighbors? Future development goals of city/county

Legal challenges Advertised 15 to 45 days before public hearing? Decision in line with comp plan? Site Plan Should approval be condition-specific? Staff - Attorney - Board Interaction Are staff reports completed? Do reports include input from other departments? ******* Do reports give recommendations? If possible, good for Board members to have notebook to refer to

ordinances You cant ask too many questions of your attorney Rezoning case Vacant lot beside a small auto repair shop Buyer wants to rezone resid to commercial for highest and best use Property is on a local two-lane road mostly residential use on this road Future Development Map lists this lot as residential but auto shop is commercial and lot behind it is commercial Thoughts? Variance case Proposed new small hotel (2-story)

Developer asks for reduction in setback Standard front setback is 20 feet Developer wants to have 5 feet setback Thoughts? What questions would you ask? Conditional/Special use case New owner-occupiers request conditional/special use for bed & breakfast in residential district Future Development Map lists lot and surrounding lots as residential Some neighbors oppose it Applicants OK with all activities end 10 PM Thoughts? What questions would you ask?

Take-aways Make big ordinance changes based on comp plan priorities Also, make small changes annually based on concerns Make changes that fit your community one size doesnt fit all Future Development Map Use in rezoning & special use decision-making Boards and Commissions must

Be objective Be consistent Rely on plans, codes, facts be cautious about speculative proposals Make legally-defensible decisions Enforcement MUST be consistent

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