§ 134-121. Generally.

(a)

Prerequisites for processing; contents. Prior to processing of any application for rezoning or a land use permit, the applicant shall be required to file documentation and follow certain procedures as set forth in this section. The applicant shall be required to file an application with the zoning division containing the following:

(1)

A completed application shall be filed on forms prescribed by the zoning division.

(2)

The notarized signatures of the applicant and record titleholder shall appear upon the application.

(3)

The application fee which has been established from time to time by resolution of the board of commissioners shall be paid. A copy of the fee schedule shall be maintained for public inspection in the zoning division offices.

(4)

The applicant shall submit a current boundary survey and plot plan, to scale, prepared by a registered surveyor or registered engineer. Such plans shall also include such other information thereon as may be required by the planning division and zoning division, including preliminary plans for development, building locations, parking areas, access points, adjacent streets, land lot lines, buffer areas, future right-of-way, wetlands, floodplains, utilities and retention.

(5)

Private sewage disposal must be approved by the county health department, and written approval from the health department must be filed with the application. Private sewage disposal shall be subject to the requirements of sections 122-241 and 122-242.

(6)

The applicant shall submit any other information required by the planning and zoning staff or other county departments which they deem necessary or desirable in processing the application, which is related to the present or proposed use of the property.

(7)

Every application for rezoning involving a request for a nonresidential zoning district shall include a complete written, documented analysis of the impact of the proposed rezoning with respect to each of the following matters:

a.

Whether the zoning proposal will permit a use that is suitable in view of the use and development of adjacent and nearby property;

b.

Whether the zoning proposal will adversely affect the existing use or usability of adjacent or nearby property;

c.

Whether the property to be affected by the zoning proposal has a reasonable economic use as currently zoned;

d.

Whether the zoning proposal will result in a use which will or could cause an excessive or burdensome use of existing streets, transportation facilities, utilities or schools;

e.

Whether the zoning proposal is in conformity with the policy and intent of the land use plan; and

f.

Whether there are other existing or changing conditions affecting the use and development of the property which give supporting grounds for either approval or disapproval of the zoning proposal.

(8)

Any application for a rezoning involving a request of more than 75 residential dwelling units or 50,000 square feet of nonresidential building space, in single or multiple phases, (exempting redevelopment projects) shall be required to submit a traffic impact study (prepared in accordance with industry accepted standards, including at a minimum, level of service impacts for adjacent roadways and intersections) and mitigation package to address the cumulative effects from the project's impact. Said applicant shall also be required to coordinate and fund any recommended mitigation measures limited to project related improvements with applicable federal, state and local agencies including the Georgia Regional Transportation Authority and the Atlanta Regional Commission.

Any application for a rezoning involving a request of more than 150 residential dwelling units or 100,000 square feet of nonresidential building space, in single or multiple phases, (exempting redevelopment projects) shall be required to submit a traffic impact study (prepared in accordance with industry accepted standards, including at a minimum, level of service impacts for adjacent roadways and intersections), the scope of which shall be determined by the Director of the Cobb County Department of Transportation or his/her designee and shall at a minimum address conditions and impacts resultant from the project within a ten-year scope. Said applicant shall also be required to coordinate and fund any recommended mitigation measures limited to project related improvements with applicable federal, state and local agencies including the Georgia Regional Transportation Authority and the Atlanta Regional Commission.

These requirements shall not apply to a "development of regional impact", as defined by the Georgia Department of Community Affairs or Georgia Regional Transportation Authority, as may be amended from time to time.

(b)

Public notice and advertising of hearings.

(1)

The applicant shall be required to post and maintain signs supplied by the zoning division on or near the right-of-way of the nearest public street, so as to be visible from the street, for at least 30 days immediately preceding the date for any public hearings on the application, which shall remain posted until a final decision by the applicable boards. In addition to the requirements of O.C.G.A. § 36-66-4, the zoning division shall supply a sign that contains the following language:

"PURSUANT TO THE OFFICIAL CODE OF COBB COUNTY, ZONING - SECTION 134-124(b) THE COBB COUNTY BOARD OF COMMISSIONERS IS AUTHORIZED TO CONSIDER AND MAY CONSIDER ALL CONSTITUTIONALLY PERMISSIBLE ZONING CLASSIFICATIONS, INCLUDING, BUT NOT LIMITED TO, INTERVENING CLASSIFICATIONS AND/OR THE CLASSIFICATION(S) SOUGHT BY THE APPLICANT."

It is the responsibility of the applicant to post the signs and to maintain the signs during the posting period. Failure to post and maintain the signs continuously may prohibit consideration of the application at any scheduled public hearing. If the signs are not posted continuously, the applicable board, in its sole discretion, may require reposting and readvertising prior to any future public hearing, for which the applicant shall pay an additional readvertising fee. The applicable board may also, in its sole discretion, continue, hold, approve or dismiss the application. Any dismissal under the provisions of this subsection shall be with prejudice unless specifically noted as being without prejudice by the dismissing board.

(2)

The zoning division shall be responsible for advertising in the legal organ of the county pursuant to O.C.G.A. § 36-66-4, as amended from time to time. In addition, the advertisement shall contain the following language:

"PURSUANT TO THE OFFICIAL CODE OF COBB COUNTY, ZONING - SECTION 134-124(b) THE COBB COUNTY BOARD OF COMMISSIONERS IS AUTHORIZED TO CONSIDER AND MAY CONSIDER ALL CONSTITUTIONALLY PERMISSIBLE ZONING CLASSIFICATIONS, INCLUDING BUT NOT LIMITED TO, INTERVENING CLASSIFICATIONS AND/OR THE CLASSIFICATION(S) SOUGHT BY THE APPLICANT."

(3)

It shall be the duty of the applicant/representative to notify in writing all property owners within a 1,000-foot radius of the subject property being rezoned, as shown on the most current tax records regarding a pending rezoning application, which includes the planning commission and the board of commissioners hearing dates. Mailings must be sent via the United States Postal Service. Such notice shall be satisfied by the applicant/representative mailing a copy of the application that includes notification of the planning commission and the board of commissioners hearing dates and the proposed site plan by first class mail (with a certificate of mailing) or by certified mail. Said notification must be postmarked 30 calendar days prior to the planning commission hearing. The applicant/representative is required to file with the zoning division proof of the mailing no later than 21 days prior to the planning commission zoning hearing for which the application is scheduled to be considered. Staff is authorized to continue any pending case in which the above requirements are not met.

(c)

Attendance at hearing. The applicant or representative of the applicant shall be required to attend all public hearings on the application. The failure to attend may result in dismissal with prejudice, rejection of the application or continuance of the hearing at the board's sole discretion. Failure of the applicant or his representative to appear at the next regularly scheduled hearing shall result in automatic dismissal with prejudice. The zoning division manager may waive the attendance requirement for land use permits based upon medical hardship.

(d)

Withdrawal of application.

(1)

An application may only be withdrawn upon a joint written request of the record titleholder and applicant or their legal counsel. In order to withdraw as of right and without prejudice, the request to withdraw must be given at the zoning division offices at least seven days prior to the hearing before the planning commission. Applicants or their legal counsel may personally request (via written or verbal request) withdrawal during a planning commission or board of commissioners public hearing, provided that the request is made prior to the close of the public hearing of the case before the applicable board. The public hearing shall be considered closed when announced as such by the chairman following presentations by the applicant and opposition during their allotted time period. If permission is denied at such time, the application may not be withdrawn and shall be acted upon by the applicable board in the usual manner. In no event shall an application be withdrawn after the vote by the board of commissioners. Further, in no event shall an application be withdrawn more than once without prejudicing the right of the applicant or owner to apply for a land use permit or rezoning within 12 months of the first application.

(2)

An application which is withdrawn within seven days of the planning commission hearing without the permission of the planning commission shall be deemed a rejected application with prejudice.

(3)

Applications which have been publicly heard by either the planning commission or the board of commissioners and which have been withdrawn without right and without permission of a majority of the applicable board as set forth in subparagraph 134-121(d)(1) above shall be deemed a rejected application with prejudice.

(e)

Resubmission of rejected/deleted applications.

(1)

If an application for rezoning, land use permit or special land use permit is rejected or deleted to another zoning classification, then any portion of the same property may not again be considered for rezoning, land use permit or special land use permit for a period of 12 months from the date of the board of commissioners' decision. An applicant may reapply for rezoning to a more restrictive classification than the application previously denied, or denied without prejudice, following the expiration of six months in accordance with O.C.G.A. § 36-66-4(c), as amended from time to time.

(2)

The board may only consider property for rezoning within the six-month time period in connection with settlement of litigation or pursuant to an order by a court of competent jurisdiction. The board shall advertise, post the property, and conduct another public hearing prior to taking such action.

(Ord. of 12-26-72; Ord. of 12-11-90, § 3-28-8.1; Ord. of 8-13-91; Ord. of 1-11-94; Ord. of 6-24-97 (eff. 7-1-97); Ord. of 12-9-97 (eff. 1-1-98); Ord. of 2-8-00; Ord. of 1-25-05; Amd. of 2-22-11; Amd. of 2-25-14; Amd. of 2-24-15; Amd. of 2-23-16; Amd. of 2-27-18)