The following requirements, considerations and procedures shall apply concerning amendments to this part.

(Code 1977, § 16-27.001)

Whenever public necessity, public convenience, the general welfare or good zoning practice justify such action, and after consideration by the planning bureau and the zoning review board, the council may by ordinance amend the regulations contained herein or the boundaries of any maps officially established in relation thereto.

(1)

Initiation of amendments: Proposed changes in regulations or in boundaries may be initiated by the council, a committee of the council, a council member, the bureau of planning, or an application filed with the municipal clerk by the owner of the affected property or his authorized agent.

(2)

Applications required to be on forms supplied: Applications shall be submitted on approved forms supplied to prospective applicants. Any communication purporting to be an application for a change shall be regarded as mere notice to seek relief until made in the form required by the owner of property involved or his authorized representative.

If a rezoning of specific property is involved, the application shall also be accompanied by a recent plat of survey prepared by a registered professional engineer or land surveyor. The application shall be filed on a form provided for such purposes and shall be accompanied by plans, reports or other information, exhibits or documents as may reasonably be required by the director, bureau of planning to make the necessary findings in the case. Site plans should include, at a minimum, zoning classifications - current and proposed, square footage of buildings and structures, square footage and use of accessory space, number of dwelling units, height of buildings and structures in feet, net land are, gross land area, floor area ratio (FAR) - maximum allowed and proposed, total open space or lot overage-minimum required and proposed, usable open space or lot coverage - minimum required and proposed, and number of parking and loading spaces - minimum required and proposed.

If requested by staff, other studies may be required including, but not limited to building elevations, transitional yards and transitional height plane drawings and shadow studies.

Each proposed zoning change shall be accompanied by a written, documented analysis of the impact of the proposed zoning with respect to each of the matters enumerated in section 16-27.004.

(3)

Limitation on frequency of application affecting the same property: After an application has been received affecting a lot or parcel or any part thereof, no further application for any change affecting the same property or any part thereof shall be filed within 24 months, except where the council has approved an ordinance to waive the 24-month waiting period between the filing of applications affecting the same parcel of property. This provision shall not be construed as impairing the right of the planning bureau or the council to propose amendment at any time on their own initiative. Provided, however, that no application for rezoning shall be filed by or accepted from anyone within 12 months of final action or substantially the same rezoning application by the council, and, provided, further, that this 12-month limitation may not be waived.

(4)

No application shall be scheduled for a public hearing before the zoning review board until all required materials have been submitted by the applicant. All members of the city council shall be notified in writing, at least two (2) weeks prior to scheduled hearing before the zoning review board, of all proposed amendments to the zoning ordinance.

(5)

A true and correct copy of every application or ordinance proposing a change in district or text in the Zoning Ordinance of the City of Atlanta, whether initiated by the bureau of planning, by the council, or by an application filed as prescribed in this part, shall be submitted to the Atlanta Board of Education, the Atlanta department of transportation, the Atlanta departments of Police and Fire and the Fulton County Department of Public Health or the DeKalb County Department of Public Health by the Atlanta Bureau of Planning, together with such other documents on file with such application as may be necessary to a complete understanding thereof.

(Code 1977, § 16-27.002; Ord. No. 2006-02, § 1, 2-14-06; Ord. No. 2020-33(20-O-1381), § 48, 6-23-20)

No amendments shall be made or become effective until it is proposed by or first submitted to the bureau of planning for review and recommendations.

(Code 1977, § 16-27.003)

The bureau of planning shall consider each proposal for amendment and as a basis for its recommendations shall report on the following matters, among others, as appropriate to the circumstances of the case:

(1)

Compatibility with comprehensive development plans; timing of development: The bureau shall examine the proposal to determine whether it is in accord with comprehensive development plans in their 15-year, 5-year, and 1-year forms. In its findings in this regard, it may report that the proposal is compatible or incompatible with all such plans, or that while the change is in accord with those of longer range it would be premature in the light of the 1-year or 5-year comprehensive development plans. The bureau shall not recommend any change not in accord with adopted comprehensive development plans but may, where it sees fit, recommend changes in such plans, following which, if such changes in plans are officially adopted, the zoning change may be reconsidered without prejudice and without a new application if an application is involved.

(2)

Availability of and effect on public facilities and services; referrals to other agencies: The bureau shall consider and report on the availability of public facilities and services and the effect the proposed change would have on demands for public facilities and services in the area in which the change is proposed or generally. Such facilities and services include but are not limited to water supply, sewerage, drainage, transportation, schools, fire and police protection, and solid waste collection and disposal.

(3)

Availability of other land suitable for proposed use; effect on balance of land uses: The bureau may consider the availability of other appropriate land already zoned for the proposed use, generally and in the area of the proposed change. The bureau may also consider whether generally, or in the area of the proposed change, the change would have adverse environmental effects on the balance of land uses by removing land from a category for which it is suited and for which there is a greater public need to a category for which the public need is lesser.

(4)

Effect on character of the neighborhood: The bureau shall consider the effect of uses permitted under the proposed change on the surrounding neighborhood and shall report any substantial probably adverse influences on desirable living conditions or sustained stability, or any tendencies toward blight and depreciation likely to result from the change.

(5)

Suitability of proposed use: The bureau shall consider whether the zoning proposal will permit a use that is suitable in view of the use and development of adjacent and nearby property.

(6)

Effect on adjacent property: The bureau shall consider whether the zoning proposal will adversely affect the existing use or usability of adjacent or nearby property.

(7)

Economic use of current zoning: The bureau shall consider whether the property to be affected by the zoning proposal has a reasonable economic use as currently zoned.

(8)

The bureau shall consider and report on whether the proposal is in accord with the City of Atlanta's policies related to tree preservation as adopted in section 10-2033, Policy, purpose and intent of the City of Atlanta Tree Ordinance.

A copy of each application for amendment shall be forwarded to the city arborist for review and comment and said comments shall be made available to the bureau of planning and the zoning review board for their consideration.

(9)

Other conditions: The bureau shall consider 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.

(Code 1977, § 16-27.004; Ord. No. 1999-79, § 1, 11-9-99)

Within 60 days after a proposal for change has been referred to the zoning review board, the bureau of planning shall transmit its report to the zoning review board.

(Code 1977, § 16-27.005)

Before making its recommendations on the proposed amendment to the council, the zoning review board shall hold a public hearing thereon, with notice as prescribed below as to the time, date and place of the hearing and the nature of the proposed change. At the hearing, the applicant, collectively with anyone else speaking in support of the application, shall have no fewer than ten minutes for the presentation of data, evidence, and opinion. Collectively, those speaking in opposition to the application shall also have no fewer than ten minutes for the presentation of data, evidence, and opinion, and such time provided shall be equal to that of the collective duration of time provided to the applicant and those speaking in support of the same application. Following the hearing, the zoning review board shall transmit its recommendations to the council, together with pertinent records. Such recommendations may be in the form of favorable or unfavorable, or may be in the form of a recommended substitute conditioned upon an agreement to specified terms, e.g. the specifications of a detailed site plan, etc. The zoning review board shall give consideration to all the standards in section 16-27.004 and shall transmit these findings along with their recommendation on each zoning proposal to the city council.

(Code 1977, § 16-27.006; Ord. No. 2023-21(23-O-1201), § 15, 6-29-23)

At least 15 days prior to the hearing, notice shall be published within a newspaper of general circulation within the territorial boundaries of the city. The notice shall state the time, place and purpose of the hearing. The notice shall include the location of the property, the present zoning classification of the property, and the proposed zoning classification of the property.

(Code 1977, § 16-27.007)

In addition to the published notice above, the director, bureau of planning shall cause the property involved in the proposed change to be posted at least 15 days prior to the hearing. Such posting shall be in a conspicuous place on the property by a sign or signs (as provided below) not less than six (6) square feet in area, bearing information as to the time, date and place of the hearing and the nature of the proposed change.

One (1) such sign shall be placed adjacent to each street the property abuts, as described in the application for changes in zoning status, for each 600 feet for which the property abuts such street, provided that not less than one (1) sign shall be erected, that where there are intersections with another street or streets at least one (1) sign shall be placed between such intersections, and that if there is a remainder from multiples of 600 feet, an additional sign shall be erected.

Notwithstanding the above requirements, if the property under consideration does not abut a street and is not a part or parts of property abutting a street, no posting is required. If said property is part or parts of properties abutting a street, posting shall be required above, with the notice indicating the relation of the parts proposed for rezoning to the parts abutting streets.

(Code 1977, § 16-27.008)

The director, bureau of planning shall also cause notice of the time, date and place of the hearing and the nature of the proposed change to be given by regular mail, with mailing at least 14 days prior to the hearing. Such mail shall be addressed to property owners (as ownership and address appears on the tax records of Fulton/DeKalb County) of all property within 300 feet of the property involved in the proposed change.

(Code 1977, § 16-27.009)

Upon compliance with the procedures in this chapter and the receipt of reports and recommendations from the office of zoning and development and the zoning review board, the council shall proceed to act on the proposed changes, passing or rejecting the amendments, or suspending action where prior changes in comprehensive development plans are required and council finds reasonable justification for considering such changes. The council shall be provided with a copy of the submission of the applicant, the report and recommendation of the bureau of planning, the recommendation of the appropriate neighborhood planning unit (NPU) if any, and the record of the zoning review board at the time each zoning case is presented to them for action.

(Code 1977, § 16-27.010; Ord. No. 2023-21(23-O-1201), § 16, 6-29-23)

It is the policy of the council regarding proposed amendments that favorable action shall be taken only upon making the following findings:

(1)

Accord with comprehensive development plans: The proposed amendment is in accord with all of the comprehensive development plans as adopted by the council and currently in effect.

(2)

Conformity with intent statement, general purposes: The proposed amendment is in accord with the general purpose set forth in section 16-01.003, and with intent statements set forth in district regulations and elsewhere in the ordinance, as adopted by council and currently in effect.

(3)

Public necessity, convenience, general welfare, good zoning practices: The proposed amendment is justified on grounds of public necessity, public convenience, the general welfare or good zoning practice.

(4)

The proposed amendment is in accord with the policy, purpose and intent set forth in section 10-2033 of the City of Atlanta Tree Ordinance.

(Code 1977, § 16-27.011; Ord. No. 1999-79, § 2, 11-9-99)

The following limitations and requirements apply where changes are made in original proposals for amendment after processing begins:

(1)

Changes prior to notice of hearing: Substantial changes in original proposals may be made prior to publication of notice of hearing by mutual agreement between the planning bureau and other affected parties; provided that where such changes require major alteration of previously prepared reviews and recommendations of the bureau in relation to applications by property owners, a second application fee shall be required.

(2)

Changes during council consideration: During council consideration of proposed amendment, no amendment shall be passed which differs substantially from the proposal on which the public hearing was held unless the proposed change is submitted to the bureau of planning for its consideration and a new public hearing advertised and held, as required in section 16-27.006.

(Code 1977, § 16-27.012)

(1)

City initiated text or map amendments to multi-family uses. When a proposed zoning decision is initiated by the city and:

(a)

Is an amendment of the zoning ordinance to revise one or more zoning classifications or definitions relating to single-family residential uses of property so as to authorize multifamily uses of property pursuant to such classification or definitions, or to grant blanket permission, under certain or all circumstances, for property owners to deviate from the existing zoning requirements of a single-family residential zoning; or

(b)

Provides for the abolition of all single-family residential zoning classifications within the territorial boundaries of the city; or

(c)

Results in the rezoning of all property zoned for single-family residential uses within the territorial boundaries of the city to multifamily residential uses of property, then in such case(s), such zoning decision must be adopted in the procedural manner set forth in subparagraph (d) below.

(d)

The following alternative procedures are required:

(i)

The zoning decision shall be adopted at two regular meetings of the city council, during a period of not less than 21 days apart; and

(ii)

Prior to the first meeting provided for in subsection (i) above, at least two public hearings before the zoning review board shall be held on the proposed action. Such public hearings shall be held at least three months and not more than nine months prior to the date of final action on the zoning decision. Furthermore, at least one of the public hearings must be held between the hours of 5:00 p.m. and 8:00 p.m. The hearings required by this paragraph shall be in addition to the hearing required by section 16-27.006, such that there shall be a total of three public hearings before the zoning review board. The city shall give notice of such hearings required by this paragraph by:

(1)

Posting notice on each affected premises in the manner prescribed by section 16-27.008; provided, however, that when more than 500 parcels are affected, in which case posting notice is required every 500 feet in the affected area; and

(2)

Publishing in a newspaper of general circulation within the territorial boundaries of the city a notice of each hearing at least 15 days and not more than 45 days prior to the date of the hearing; and

(iii)

Both the posted notice and the published notice shall include a prominent statement that the proposed zoning decision relates to or will authorize multifamily uses or give blanket permission to the property owner to deviate from the zoning requirements of a single-family residential zoning of property in classification previously relating to single-family residential uses. The published notice shall be at least nine column inches in size and shall not be located in the classified advertising section of the newspaper. The notice shall state that a copy of the proposed amendment is on file in the office of the city clerk and in the office of the clerk of the superior court of Fulton County for the purpose of examination and inspection by the public. The city shall furnish anyone, upon written request, a copy of the proposed amendment, at no cost.

(e)

This foregoing alternative procedure shall not apply to zoning decisions for the rezoning of property from a single-family residential use of property to a multifamily residential use of property when the rezoning is initiated by the owner or authorized agent of the owner of such property.

(2)

Drug treatment facilities. When a proposed zoning decision relates to or will allow the location or relocation of a halfway house, drug rehabilitation center, or other facility for treatment of drug dependency, a public hearing shall be held on the proposed action in the following manner:

(a)

Such public hearing shall be held before the zoning review board at least six months and not more than nine months prior to the date of final action on the zoning decision by the city council. The hearing required by this subsection shall be in addition to the hearing required under subsection section 16-27.006, such that there shall be a total of two public hearings before the zoning review board. The city shall give notice of such hearing required by this paragraph by:

(i)

Posting notice on the affected premises in the manner prescribed by section 16-27.008, as modified in subsection (b) below; and

(ii)

Publishing in a newspaper of general circulation within the territorial boundaries of the city a notice of the hearing at least 15 days and not more than 45 days prior to the date of the hearing.

(b)

Both the posted notice and the published notice shall include a prominent statement that the proposed zoning decision relates to or will allow the location or relocation of a halfway house, drug rehabilitation center, or other facility for treatment of drug dependency. The published notice shall be at least six column inches in size and shall not be located in the classified advertising section of the newspaper.

(Ord. No. 2023-21(23-O-1201), § 17, 6-29-23)

Any person aggrieved by a zoning decision of the city council may seek review of such decision in the manner prescribed in O.C.G.A. § 36-66-5.1. "Any person aggrieved" shall have the same meaning as set forth in § 16-26.007.

(Ord. No. 2023-21(23-O-1201), § 18, 6-29-23)