STAFF REPORT
Public Hearing Dates
Planning and Zoning Public Hearing: October 28, 2019
Mayor and Council Public Hearing: November 4, 2019
Mayor and Council Public Hearing: November 18, 2019
File #: PZ 19-034
APPLICATION: Text Amendment APPLICANT: Community Development
PETITION:
To allow for crematory services within the City Limits which include amending the following UDC sections:
Article 1: Section 1-65 Nonconforming Use Expansion
Article 2: Table 2-3 Permitted and Special Uses in Mixed-Use and Non-residential Zoning
Article 3: Use Definition
Article 4: Specific Use provisions;
PURPOSE OF THE REQUEST:
1) Business owner of a funeral home is seeking to expand his services by adding cremation services.
LOCATION: 19th Districts, Powder Springs, Georgia.
ARTICLE 3
USE DEFINITIONS
Funeral home: A building used for human funeral services. Such building contains a chapel and may include space and facilities for embalming and the performance of other services used in the preparation of the dead for burial or cremation, the performance of autopsies and other surgical procedures, the indoor storage of caskets, funeral urns, and other related funeral supplies, and/or the indoor storage of funeral vehicles means a building or facility utilized for preparations and ceremonies for deceased persons prior to burial or cremation. All funeral homes must comply with state regulations as well as the rules promulgated by the Georgia State Board of Funeral Service, as may be amended from time to time. A funeral home may have an accessory crematory within the main building in compliance with manufacturer's instructions and any state or federal laws.
ARTICLE 4
SPECIFIC USE PROVISIONS
Sec. 4-151. Funeral Homes, mortuary, or mausoleum
a) Funeral Homes that are legally non-conforming that request to add accessory uses to existing floor space or accessory structures legally established prior to 12/7/2015 without any building expansion will require a Special Use approval.
b) Accessory crematory, where permitted, must have minimal exterior renovations subject to administrative design review.
Sec. 1-65. Nonconforming Use - Expansion.
A nonconforming use shall not be expanded, enlarged or extended, in land area or in floor space or volume of space in a building or structure, except for a use which complies with the zoning district in which said use is located; or any other exceptions outlined in Article 4 Specific Use Provisions outlined in the Unified Development Code.
ANALYSIS the governing body shall consider the following standards in considering any proposal that would result in a change to the text of this development code (except articles 21 and 24), giving due weight or priority to those factors that are appropriate to the circumstances of each proposal:
(a) Is the proposed amendment consistent with the purpose and intent of this development code;
Cremation services as an accessory use to funeral home is not anticipated to negatively affect the public health and safety of the residents of Powder Springs. Studies conducted by the U.S. Environmental Protection Agency (EPA) show that crematory emissions (substances discharged into the air) are at levels well below regulatory and health guidelines (see attached GA Public Health Fact sheet).
Per Section 1-65 of the Unified Development Code expansion of a legal non-conforming use is not permitted. However, the proposed text amendment will allow legal-non conforming funeral homes seeking to add these services to require special use approval. Impacts of adding accessory services is believed to be minimal and does not make the existing use more intense, therefore a special use permit will be required for legal non-conforming funeral homes wanting to add such services.
(b) Does the proposed amendment further the purpose and intent of the comprehensive plan, or is it needed to properly implement the comprehensive plan;
The proposed text amendment should not intensify existing funeral home use. Business owners have indicated that there has been increasing demands for crematory services. The proposed use also does not make the use of the property less consistent with the Comprehensive plan due to anticipated minimal impact.
(c) Is the proposed amendment needed to address new or changing conditions;
A text amendment allowing crematory services accessory to a funeral home will meet the demands of changing economic conditions.
Business owners have stated that the demand for crematory services is rapidly increasing. Allowing such services as accessory to a funeral home will allow for existing business and future businesses to keep up with the demands of the industry.
(d) Does the proposed amendment reasonably promote the public health, safety, morality or general welfare;
The fact sheet attached from the Georgia Department of Public Health has stated there are no federal or state environmental regulations for crematories. Studies conducted by the U.S. Environmental Protection Agency (EPA) show that crematory emissions (substances discharged into the air) are at levels well below regulatory and health guidelines.
