Georgia Laws 1971, Act No. 5, "An Act To Create a Metropolitan Area Planning and Development Commission," as amended, establishes special plan review requirements and procedures in connection with the Atlanta Regional Commission Area Plans, which include MARTA Corridors and the Chattahoochee Corridor as designated on the official zoning map. With respect to the Chattahoochee Corridor, Georgia Laws 1973, Act No. 66, the Metropolitan River Protection Act, establishes additional requirements and procedures. Therefore, in addition to other regulations, requirements and procedures set forth generally or for specific districts in this part, no building permit shall be issued in a MARTA Corridor or the Chattahoochee Corridor except in accord with the provisions of this chapter.

(Code 1977, § 16-23.001)

(Code 1977, § 16-23.002)

With MARTA Corridors, applications for building permits shall be referred to the planning director, who shall make a preliminary determination as to whether the action proposed is of a character or magnitude requiring review by the Atlanta Regional Commission, as affecting the area plan.

(1)

Applications not requiring referral to Atlanta Regional Commission: Where applications are found not to be for actions of character or magnitude or regional significance, affecting the area plan, and are in accord with development guides relating to the MARTA Corridor, the director, bureau of planning shall certify that referral is not required; and the permit shall be issued if otherwise lawful.

(2)

Applications requiring referral to Atlanta Regional Commission: Where applications are found by the director, bureau of planning to be for actions of character or magnitude of regional significance, affecting the area plan, the planning director shall make a preliminary determination as to whether the proposal is in accord with and would support, or is in conflict with and would adversely affect, the area plan and relevant development guides of the Atlanta Regional Commission, with particulars in either case, and shall transmit his preliminary determinations to the commission for their recommendations.

Upon receipt of such recommendations, or at the end of 60 days after date of submission of the preliminary determination, the director, bureau of planning shall proceed to make his final determination, giving due consideration to the recommendations of the commission. Where no recommendations have been received from the commission within 60 days, the director, bureau of planning shall proceed as though the commission had concurred in his preliminary determination.

(Code 1977, § 16-23.003)

Final determinations by the director, bureau of planning may be made on the action as originally proposed or as modified, and may confirm, modify or reverse his preliminary determination. Such determination shall consist of approval of the application, approval conditioned on specified modifications, or disapproval.

(Code 1977, § 16-23.004)

On final approval of the application, the director, bureau of planning shall certify such approval; and the building permit shall be issued, if otherwise lawful. On conditional approval, the director, bureau of planning shall so certify; and the building permit may be issued only if the applicant agrees to the specified modification. On disapproval, the director, bureau of planning director shall so certify; and no building permit shall be issued based on the application.

(Code 1977, § 16-23.005)

(Code 1977, § 16-23.006)

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The Metropolitan River Protection Act (MRPA), Georgia Laws 1973, Act No. 66, establishes requirements and procedures supplementary to those set forth generally or for specific districts in this part as follows:

(Code 1977, § 16-23.007)

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To the extent that the provisions set forth in abbreviated form above, or other MRPA provisions, supplement or alter procedures or requirements on use of land or construction and use of buildings in the Chattahoochee, such sections or subsections shall apply as though set forth in full herein.

(Code 1977, § 16-23.008)