Home/Criteria for Making Land Use Decisions
Criteria for Making Land Use Decisions 2017-07-21T10:36:17+00:00

CRITERIA FOR MAKING LAND USE DECISIONS

When considering a land use petition, our staff, Planning Commission and City Council use the criteria listed below. This is important for residents and stakeholders to know as they speak for or against an application at a Public Hearing. This criteria can also be found in Article 7 of the City of Tucker Zoning Ordinance. Both the applicant and staff do an analysis of how the project does or does not meet the criteria. Both analyses can be found in the Planning Commission and City Council packets.

7.3.4       Standards and factors governing review of proposed amendments to the comprehensive plan map.

The following standards and factors are found to be relevant for evaluating applications for amendments to the comprehensive plan map and shall govern the review of all proposed amendments to the comprehensive plan map:

  1. Whether the proposed land use change will permit uses that are suitable in consideration of the use and development of adjacent and nearby property or properties.
  2. Whether the proposed land use change will adversely affect the existing use or usability of adjacent or nearby property or properties.
  3. Whether the proposed land use change will result in uses which will or could cause excessive or burdensome use of existing streets, transportation facilities, utilities, or schools.
  4. Whether the amendment is consistent with the written policies in the comprehensive plan text and any applicable small areas studies.
  5. Whether there are potential impacts on property or properties in an adjoining governmental jurisdiction, in cases of proposed changes near county or municipal boundary lines.
  6. Whether there are other existing or changing conditions affecting the use and development of the affected land areas which support either approval or denial of the proposed land use change.
  7. Whether there will be an impact on historic buildings, sites, districts or archaeological resources resulting from the proposed change.

7.3.5       Standards and factors governing review of proposed amendments to the Official Zoning Map.

The following standards and factors are found to be relevant to the exercise of the city’s zoning powers and shall govern the review of all proposed amendments to the Official Zoning Map:

  1. Whether the zoning proposal is in conformity with the policy and intent of the comprehensive plan.
  2. Whether the zoning proposal will permit a use that is suitable in view of the use and development of adjacent and nearby property or properties.
  3. Whether the property to be affected by the zoning proposal has a reasonable economic use as currently zoned.
  4. Whether the zoning proposal will adversely affect the existing use or usability of adjacent or nearby property or properties.
  5. 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.
  6. Whether the zoning proposal will adversely affect historic buildings, sites, districts, or archaeological resources.
  7. 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.
  8. Whether the zoning proposal adversely impacts the environment or surrounding natural resources.

7.4.6      Special land use permit; criteria to be considered.

The following criteria shall be considered by the community development department, the planning commission, and the mayor and city council in evaluating and deciding any application for a special land use permit. No application for a special land use permit shall be granted by the mayor and city council unless satisfactory provisions and arrangements have been made concerning each of the following factors, all of which are applicable to each application, and the application is in compliance with all applicable regulations in Article 4:

  1. Adequacy of the size of the site for the use contemplated and whether or not adequate land area is available for the proposed use including provision of all required yards, open space, off-street parking, and all other applicable requirements of the zoning district in which the use is proposed to be located.
  2. Compatibility of the proposed use with adjacent properties and land uses and with other properties and land uses in the district.
  3. Adequacy of public services, public facilities, and utilities to serve the proposed use.
  4. Adequacy of the public street on which the use is proposed to be located and whether or not there is sufficient traffic-carrying capacity for the use proposed so as not to unduly increase traffic and create congestion in the area.
  5. Whether or not existing land uses located along access routes to the site will be adversely affected by the character of the vehicles or the volume of traffic generated by the proposed use.
  6. Adequacy of ingress and egress to the subject property and to all proposed buildings, structures, and uses thereon, with particular reference to pedestrian and automotive safety and convenience, traffic flow and control, and access in the event of fire or other emergency.
  7. Whether or not the proposed use will create adverse impacts upon any adjoining land use by reason of noise, smoke, odor, dust, or vibration generated by the proposed use.
  8. Whether or not the proposed use will create adverse impacts upon any adjoining land use by reason of the hours of operation of the proposed use.
  9. Whether or not the proposed use will create adverse impacts upon any adjoining land use by reason of the manner of operation of the proposed use.
  10. Whether or not the proposed use is otherwise consistent with the requirements of the zoning district classification in which the use is proposed to be located.
  11. Whether or not the proposed use is consistent with the policies of the comprehensive plan.
  12. Whether or not the proposed use provides for all required buffer zones and transitional buffer zones where required by the regulations of the zoning district in which the use is proposed to be located.
  13. Whether or not there is adequate provision of refuse and service areas.
  14. Whether the length of time for which the special land use permit is granted should be limited in duration.
  15. Whether or not the size, scale and massing of proposed buildings are appropriate in relation to the size of the subject property and in relation to the size, scale and massing of adjacent and nearby lots and buildings.
  16. Whether the proposed use will adversely affect historic buildings, sites, districts, or archaeological resources.
  17. Whether the proposed use satisfies the requirements contained within the supplemental regulations for such special land use permit.
  18. Whether or not the proposed use will create a negative shadow impact on any adjoining lot or building as a result of the proposed building height.
  19. Whether the proposed use would result in a disproportionate proliferation of that or similar uses in the subject character area;
  20. Whether the proposed use would be consistent with the needs of the neighborhood or the community as a whole, be compatible with the neighborhood, and would not be in conflict with the overall objective of the comprehensive plan.