Vision to Reality From Plan to Implementation

1. Vision to RealityFrom Plan to Implementation Richard Osborne, AICP City of Adairsville rosborne@adairsvillega.net 470-529-4008 Some info courtesy Cities of Gainesville & Madison GA; ARC; DCA

2. 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?

3. 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

4. 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changes • Strengthen ordinances for enforcement • Add flexibility in ordinances for redevelopment • Delete or revise outdated regulations • Once-a-year review good for small changes • Input from elected officials, Board, staff • Text amendment(s) – language from attorney • Not everything is in the code – confirm staff policies if needed

5. 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

6. 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

7. 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

8. 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

9. 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

10. 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 What’s 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?

11. 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 can’t ask too many questions of your attorney

12. 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? • What questions would you ask?

13. 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?

14. 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?

15. 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 doesn’t 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