The common provisions of this division apply to all of the review and approval procedures of this zoning ordinance unless otherwise expressly stated.

When applicable, the notice, hearing, review, and approval procedures of this zoning ordinance are intended to comply with the provisions of the Georgia Zoning Procedures Law, O.C.G.A. § 36-66-1 et seq., which is incorporated by reference in its entirety. If any provision of this zoning ordinance is in conflict with any provision of the zoning procedures law or if this zoning ordinance fails to incorporate a provision required for the implementation of the zoning procedures law, the zoning procedures law controls. These procedures apply to sign ordinance review outlined in chapter 5 - sign regulations, as referenced within that chapter.

If a proposed development qualifies as a development of regional impact (DRI) pursuant to O.C.G.A. § 50-8-7.1, no action may be taken by the administrative bodies detailed in this chapter until such DRI report is received from the Atlanta Regional Commission and comments, if any, are addressed to the satisfaction of the city manager.

Properties suspected of environmental contamination shall be disclosed at the time of application to the city.

A.

Membership.

1.

There shall be seven (7) members of the planning, architecture, zoning board. The term of office of the members shall be four (4) years. Any resident of the City of Avondale Estates may be appointed as a member, except members of the municipal governing authority.

2.

Where practicable, at least two (2) members of the PAZB, shall be appointed from among professionals in the disciplines of architecture, landscape architecture, urban planning, or an applicable design field and shall have demonstrated special interest, competence, or knowledge in urban design and city planning.

B.

Powers and duties of the planning, architecture, zoning board.

1.

Whenever this ordinance calls for review by the planning, architecture, zoning board, said board shall review and make a recommendation of approval, denial, deferral, withdrawal without prejudice, or no recommendation on each application at a public hearing. A report of the PAZB's decision shall be submitted to the board of mayor and commissioners.

2.

The PAZB may defer the application once for one (1) period of up to thirty (30) days, or one (1) zoning cycle, whichever is longer, with the subsequent hearing date based upon the next available hearing on the approved hearing calendar.

3.

Upon receipt of the planning, architecture, zoning board recommendation, or at the expiration of the deferral period, the board of mayor and commissioners of the City of Avondale Estates may proceed to review the subject application.

C.

Adoption of rules and standards.

1.

The planning, architecture, zoning board shall adopt such rules and regulations for the conduct of public hearings and meetings, rules and standards for the transaction of its business, and for consideration of applications, such as bylaws and removal of membership provisions as are consistent with state law and the City Code and appropriate to its responsibilities. Such rules and regulations shall be published and available to the public. The PAZB shall have the flexibility to adopt rules and standards without amendment to this section.

2.

The planning, architecture, zoning board shall provide for the time and place of regular meetings and a method for the calling of special meetings. Such meetings shall be open to the public. The planning, architecture, zoning board shall select a chair and a vice-chair from among its members. A quorum shall consist of a majority of the members of the entire PAZB.

3.

Should a member fail to attend three (3) consecutive meetings, the planning, architecture, zoning board secretary, with the concurrence of a majority of the entire PAZB, shall inform the board of mayor and commissioners, which may then rule that a vacancy be declared and that a new appointment be made to the vacated position.

D.

Secretary.

1.

The city clerk or other designated city staff shall be the secretary of the planning, architecture, zoning board.

E.

Records of meetings.

1.

The secretary of the planning, architecture, zoning board shall maintain a public record of all resolutions and formal actions of the planning, architecture, zoning board.

Table 21-7.1.6 - procedures summary table provides a summary of review and decision-making authority under this zoning ordinance. In the event of conflict between table 21-7.1.6 - procedures summary table and the detailed procedures identified in this zoning ordinance, the detailed procedures govern.

A.

Form of application.

1.

Applications required under this zoning ordinance shall be submitted on such forms as required by the city manager.

2.

The city manager may develop checklists of application submittal requirements and make those checklists available to the public.

B.

Application filing fees. Applications shall be accompanied by the fee amount indicated in the fee schedule that has been approved by board of mayor and commissioners. Application filing fees are nonrefundable once the application has been accepted and determined to be complete.

C.

Application completeness.

1.

An application will be considered complete and ready for processing only if it is submitted in the required number and form, includes all required information and supporting documentation, and is accompanied by the required application filing fee.

2.

The city manager shall make a determination of application completeness.

3.

If an application is determined to be incomplete, the city manager shall provide written notice to the applicant along with an explanation of the application's deficiencies.

4.

No further processing of incomplete applications will occur, and incomplete applications will be pulled from the processing cycle. When the deficiencies are corrected, the application will be placed in the next processing cycle.

5.

Applications deemed complete by the city manager will be considered to be in the processing cycle and will be reviewed by city staff, affected agencies, and other review and decision-making bodies in accordance with applicable review and approval procedures of this zoning ordinance.

Pre-application meetings provide an early opportunity for city staff and applicants to discuss the procedures, standards and regulations required for development approval under this zoning ordinance. Pre-application meetings are required whenever the provisions of this zoning ordinance expressly state that they are required. They are encouraged in all cases. Conceptual plans for both horizontal and vertical designs are required for all commercial, mixed-use, and multi-unit dwelling projects. They are encouraged for all other projects.

The city manager is authorized to promulgate reasonable application processing cycles and schedules for processing applications under this zoning ordinance. Processing cycles may establish:

A.

Deadlines for receipt of complete applications;

B.

Timeframes for determination of application completeness;

C.

Dates of regular meetings;

D.

Timing of staff reviews and reports;

E.

Estimated timeframes for completion of reviews and decision-making;

F.

Timelines for consideration of comprehensive plan amendments (e.g., annual or semi-annual); and

G.

Other information regarding administrative practices and customs that will assist applicants and the general public.

A.

Withdrawal of applications.

1.

Applications may be withdrawn at the discretion of the applicant and with approval by the property owner without prejudice at any time before the legal advertising. The applicant is required to submit the request to withdraw in writing to the city manager.

2.

Applications may be withdrawn without prejudice after the legal advertising but before a public hearing at the discretion of the applicant. The applicant/property owner shall not be entitled to a refund and is required to submit the request to withdraw in writing to the city manager.

3.

Applications may only be withdrawn after a public hearing by majority vote of the board of mayor and commissioners.

B.

Administrative hold.

1.

Applications may be placed on an administrative hold by the city manager and deferred to a later meeting if new information has become available about a request or additional information is needed related to the request.

A.

When decision-making bodies approve applications with conditions, the conditions shall relate to a situation created or aggravated by the proposed use or development and must be roughly proportional to the impacts of the use or development. No condition in the form of a development exaction for other than a project improvement may be imposed within the meaning of the Georgia Development Impact Fee Act. Any conditions imposed shall comply with the following:

1.

Conditions may be imposed to mitigate any possible adverse impacts of the proposal on neighboring persons or properties, consistent with the purposes of this zoning ordinance, the goals and objectives of the comprehensive plan, and state law.

2.

Once imposed, conditions run with land and will be enforced on all present and future property owners and successors in interest.

3.

Except as otherwise expressly stated, amendments, changes to approved conditions, or conditional uses may be approved only by following the same procedures as the original approval.

Table 21-7.1.12 - public notice summary table provides a summary of required public notifications by application type under this zoning ordinance. In the event of conflict between table 21-7.1.11 - public notice summary table and the detailed procedures identified in this zoning ordinance; the detailed procedures govern.

(Ord. No. 2023-3, § 1, 6-28-2023)

A.

Applicability. The procedures in this section shall be observed whenever the board of mayor and commissioners conducts a public hearing in connection with a zoning decision, as required by O.C.G.A. § 36-66-4. Examples of zoning decisions include:

1.

Amending the text of the zoning ordnance,

2.

Rezoning one (1) or more parcels from one (1) zoning designation to another,

3.

Zoning property to be annexed into the city, or

4.

Approving a conditional use permit.

B.

Zoning public hearing procedures.

1.

Total time allotted for public hearing. Before the public hearing is opened for public comments, the mayor (or presiding officer) shall announce a total time allotted for the public hearing. The total time allotted shall be no less than twenty (20) minutes (ten (10) minutes per side) and no longer than one (1) hour (thirty (30) minutes per side). At all zoning public hearings, the proponents and opponents of the application shall collectively be allotted equal time to present their views to the board of mayor and commissioners.

2.

Time allotted to each speaker. Except for the applicant, each speaker shall initially be limited to a maximum of three (3) minutes to speak. In the event that all individuals desiring to speak on one (3) side of an application have had an opportunity to speak and a portion of the total time for that side (proponents or opponents) remains unused, speakers will have an opportunity to speak again within the total time allotted for their side.

3.

Order of public comment at hearing.

a.

Proponents. The board shall first hear from the proponents of the application. The applicant will have the first opportunity to speak. Then individuals that desire to speak in support of the application shall have the opportunity to speak, in the order that they are recognized by the Mayor (or presiding officer).

b.

Opponents. After the proponents' comments are complete, the opponents shall have the opportunity to speak. Individuals desiring to speak in opposition to the application shall have the opportunity to speak in the order that they are recognized by the mayor (or presiding officer).

4.

Public hearing not an opportunity for dialogue. The public hearing is strictly for proponents and opponents to express their opinions regarding the application to the board. Speakers shall not direct questions to the applicant, mayor, commissioners or city staff during the public hearing. Board members may wish to question the applicant and/or proponent(s) and/or opponent(s) of the application as part of the board's consideration of the application. However, any such dialogue will be conducted outside of the public hearing portion of the meeting.

C.

Written criteria to be made available. Whenever a public hearing is held to consider a zoning decision, the city manager or his/her designee shall cause the written criteria found in this zoning ordinance which apply to the zoning decision under consideration to be printed and made available to all persons attending the public hearing.

(Ord. No. 2023-3, § 2, 6-28-2023)

Except as expressly authorized under the administrative variance procedures of division 7.3 - administrative variances, waiver requests of division 7.4 - waivers, and concurrent variance procedures of division 7.7 - concurrent variances, all requests for relief from strict compliance with the regulations of this zoning ordinance require review and approval by the board of mayor and commissioners in accordance with the variance procedures of this division.

The variance procedures of this division shall not be used to:

A.

Allow a structure or use not authorized in the subject zoning district;

B.

Allow an increase in maximum building height;

C.

Waive, vary, modify or otherwise override a condition of approval attached to an amendment, conditional use, developments of community impact, or other development approval under this zoning ordinance;

D.

Reduce, waive, or modify in any manner the minimum lot area or lot width required for any lot;

E.

Allow the reestablishment of any nonconforming use that has been abandoned or lost its nonconforming rights; or

F.

Allow the expansion or enlargement of any non-conforming use.

Applications for variances may be filed by the owner of the subject property or the property owner's authorized agent.

A pre-application meeting with the city planning and community development department is recommended for all variance requests.

Variance applications shall be filed with the city planning and community development department.

Notice of required public hearings shall be provided as follows:

A.

Each notice shall provide the following information:

1.

Time of hearing,

2.

Place of hearing,

3.

Purpose of request,

4.

Location of property,

5.

Present zoning.

B.

Newspaper notice. Newspaper notice shall be provided at least fifteen (15) days before but not more than forty-five (45) days before the date of the public hearing.

C.

Mailed notice. Mailed notice shall be mailed or emailed to all owners of property within two hundred fifty (250) feet of the subject property at least fifteen (15) days before the date of the planning, architecture, zoning board and board of mayor and commissioners public hearings.

D.

Posted notice. Posted notice (signs) shall be posted at least fifteen (15) days but not more than forty-five (45) days before the date of the planning, architecture, zoning board and board of mayor and commissioners public hearings.

Upon receipt of a complete variance application, the city planning and community development department shall review the proposal and prepare an analysis and recommendation for consideration by the planning, architecture, zoning board and board of mayor and commissioners. This review and analysis shall be transmitted to the planning, architecture, zoning board and board of mayor and commissioners before their public hearing on the matter. The staff report shall also be made available to the applicant and the general public.

A.

The PAZB shall hold a public hearing on the variance application. Following the close of the hearing, the planning, architecture, zoning board shall act to recommend that the variance be approved, approved with conditions, or denied based on the applicable review and approval criteria of section 21-7.2.10 - review and approval criteria. The PAZB may also recommend deferral of the application, or, upon request of the applicant, withdraw of the application without prejudice.

B.

The PAZB may defer the application once for one (1) period of up to thirty (30) days, or one (1) zoning cycle, whichever is longer, with the subsequent hearing date based upon the next available hearing on the approved hearing calendar.

C.

The PAZB's recommendation shall be transmitted to the board of mayor and commissioners.

A.

The board of mayor and commissioners shall hold a public hearing to consider all variance applications. At the public hearing, the city planning and community development department shall introduce the variance request and outline its recommendation based on the criteria of section 21-7.2.10 - review and approval criteria. The applicant for variance shall have the right to present testimony and other evidence in support of the variance request. Proponents and opponents of the variance request shall each be permitted a minimum of ten (10) minutes per side to present their testimony and any documentary evidence. The applicant shall have the right to refute by rebuttal any evidence presented by the other side, such rebuttal being limited to five (5) minutes. The board of mayor and commissioners may ask questions and seek clarification of any testimony or evidence presented.

B.

Following the close of the hearing and consideration of all testimony, documentary evidence, and matters of record, the board of mayor and commissioners shall act to approve the variance, approve the variance with conditions, or deny the requested variance. The board of mayor and commissioners is also authorized to defer action on the variance or allow the applicant to withdraw the variance without prejudice. The board's final decision shall be made within a reasonable period of time, but in no event, more than sixty (60) days from the date of the close of the hearing.

A.

The board of mayor and commissioners may authorize variances from the provisions of this zoning ordinance based on consideration of the following criteria:

1.

There are extraordinary and exceptional conditions pertaining to the particular property in question because of its size, shape, topography, or a mature tree or tree stands; and

2.

The application of this ordinance to the particular piece of property would create an unnecessary hardship; and

3.

Such conditions are peculiar to the particular piece of property involved; and

4.

Such conditions are not the result of actions of the property owner; and

5.

Relief, if granted, would not cause substantial detriment to the public good nor impair the purposes or intent of this zoning ordinance or be in conflict with an adopted master plan.

If a variance application is denied, an application to vary the same zoning ordinance provision for the same portion of the subject property may not be resubmitted for one (1) year from the date of the denial.

See division 7.9 - appeals.

Approved variances, and any attached conditions, run with the land and are not affected by changes in tenancy or ownership.

A request for changes in conditions of approval attached to an approved variance shall be processed as a new variance application in accordance with the procedures of this division, including the requirements for fees, notices, and hearings.

A.

The city manager is authorized to approve the following administrative variances:

1.

Allow the increase in maximum lot coverage by up to ten (10) percent.

2.

Allow the increase in maximum parking by up to ten (10) percent.

3.

Allow the decrease in minimum setback by up to ten (10) percent, but not including any transitional buffer.

4.

Allow the increase in maximum wall height by up to one (1) foot.

5.

Allow the increase in maximum fence height by up to two (2) feet.

Applications for approval of administrative variances may be filed by the owner of the subject property or the property owner's authorized agent.

Administrative variance applications shall be filed with the city planning and community development department.

A.

When an application for administrative variance is received, the city manager shall schedule and then hold a public hearing to receive public comment on the application. Such hearing shall be conducted pursuant to Section 21-7.1.13 of this zoning ordinance.

B.

Notice of said public hearing shall be provided as follows:

1.

Each notice shall provide the following information:

a.

Time of hearing.

b.

Place of hearing.

c.

Purpose of request.

d.

Location of property.

e.

Present zoning.

2.

Newspaper notice. Newspaper notice shall be published at least thirty (30) days but not more than forty-five (45) days before the date of the public hearing.

3.

Posted notice. Posted notice (signs) shall be posted at least thirty (30) days prior to the public hearing at the property that is the subject of the application.

4.

Mailed notice. Notice shall be mailed to the owner of the property that is the subject of the application at least thirty (30) days prior to the hearing.

(Ord. No. 2023-3, § 3, 6-28-2023)

Editor's note— Ord. No. 2023-3, § 3, adopted June 28, 2023, repealed the former § 21-7.3.4 and enacted a new § 21-7.3.4 as set out herein. The former § 21-7.3.4 pertained to posted notice and carried no amendatory history.

The city manager shall issue a written decision on each application for an administrative variance within thirty (30) days of the hearing on the application. The city manager may act to approve the application, approve the application with conditions, or deny the application.

(Ord. No. 2023-3, § 4, 6-28-2023)

The city manager's decision to approve or deny an administrative variance shall be based on consideration of the following criteria:

A.

The strict application of the requirements of this zoning ordinance would cause undue and unnecessary hardship to the property owner or authorized agent; and

B.

The intent and continued integrity of the zoning ordinance can be achieved with equal performance and protection of public interests through grant of the administrative variance.

Final decisions on administrative variances may be appealed by any person aggrieved by the decision in accordance with the appeal procedures of division 7.8 - appeals of administrative decisions.

Approved administrative variances and any attached conditions run with the land and are not affected by changes in tenancy or ownership.

A request for changes in conditions of approval attached to an approved administrative variance shall be processed as a new application in accordance with the procedures of this division.

The waiver permits specified minor deviations from the zoning ordinances, as provided in the various articles of this Code and as consistent with the guiding principles of this Code. Waivers are intended to relieve practical difficulties in complying with the strict requirements of this Code. Waivers are not intended to relieve specific cases of financial hardship, nor to allow circumventing of the intent of this Code. There are two tiers of waiver requests defined herein.

A.

Waivers provide relief for departure from sections 21-3.2.8 - streets and blocks, 21-3.2.9 - façade types, and 21-3.2.10 - building design standards of the central business district (CBD) code, all of division 6.1 - general lot and building regulations, and division 6.10 - sidewalk, street, and other construction standards.

1.

Tier 1: Tier 1 waivers are minor in nature and intended to solve minor issues that arise from the application of the Code during building and site design and development.

a.

Reduce width of any dimensional standard for any street type by up to twenty (20) percent, but in no case shall the sidewalk zone be reduced to less than four (4) feet wide.

b.

Reorder the landscape, sidewalk, and supplemental zones in section 21-3.2.8.E - streetscapes or relocate improvements and amenities among them (e.g.: relocate streetlights to supplemental zone).

c.

Allow changes in frequency of improvements in the landscape, sidewalk, and supplemental zones in section 21-3.2.8.E - streetsscapes by up to twenty (20) percent (e.g.: increase the separation of understory street trees from 30 to 36 feet).

d.

Allow an increase in block perimeter/length by up to twenty (20) percent in the CBD in accordance with section 21-3.2.8.B - block requirements.

e.

Reduce or alter any dimensional standards in sections 21-3.2.10 and 21-6.1.3 - building design standards by up to twenty (20) percent.

f.

Reorder the landscape, sidewalk, and supplemental zone in division 6.10 - sidewalk, street, and other construction standards.

2.

Tier 2: Tier 2 waivers are more significant requests that would result in a more substantial departure from the code requirements.

a.

Reduce width of any dimensional standard for any street type any amount.

b.

Reduce, alter, or eliminate any standards in section 21-3.2.8 - streets and blocks.

c.

Reduce, alter, or eliminate any standards in section 21-3.2.9 - façade types.

d.

Reduce, alter, or eliminate any standards in section 21-3.2.10 - building design standards.

e.

Reduce, alter, or eliminate any standards in division 6.1 - general lot and building regulations.

f.

Reduce, alter, or eliminate any standards in Division 6.10 - Sidewalk, Street, and Other Construction Standards.

g.

Reduce, alter, or eliminate any supplemental use standards in divisions 5.3—5.10, unless a different review process is outlined in the respective division.

Applications for waivers may be filed by the owner of the subject property or the property owner's authorized agent.

A pre-application meeting with the city planning and community development department is required for all waiver requests.

Waiver applications shall be filed with the city planning and community development department.

A.

Tier 1 waivers.

1.

Posted notice (city hall) shall be posted for a minimum of ten (10) days before a decision is rendered and in a conspicuous place at city hall to notify the public of a request for a tier 1 waiver.

2.

Posted notice (signs) shall be posted for a minimum of ten (10) days before a decision is rendered and in a conspicuous place on the subject property to notify the public of a request for a tier 1 waiver.

3.

Each notice shall provide the following information:

a.

Purpose of request

b.

Location of property

4.

Members of the public wishing to support or oppose a request for tier 1 waiver shall file their comments in writing with city planning and community development department. The deadline for acceptance of comments is ten (10) days after notice was posted.

B.

Tier 2 waivers. Notice of public hearings shall be provided as follows:

1.

Each notice shall provide the following information:

a.

Time of hearing.

b.

Place of hearing.

c.

Purpose of request.

d.

Location of property.

e.

Present zoning.

2.

Newspaper notice. Newspaper notice shall be published at least 15 days but not more than forty-five (45) days before the date of the planning, architecture, zoning board and board of mayor and commissioners public hearings.

3.

Posted notice. Posted notice (signs) shall be posted at least fifteen (15) days but not more than forty-five (45) days before the date of the planning, architecture, zoning board and board of mayor and commissioners public hearings.

A.

Tier 1 waivers.

1.

For all tier 1 waivers, staff shall accept and process applications in accordance with this division. Upon receipt of a complete tier 1 waiver application, the city planning and community development department shall review the proposal and prepare an analysis.

2.

Public hearing. When an application for tier 1 waiver is received, the city manager shall schedule and then hold a public hearing to receive public comment on the application. Such hearing hall be conducted pursuant to section 21-7.1.13 of this zoning ordinance.

3.

Notice of said public hearing shall be provided as follows.

a.

Each notice shall provide the following information:

i.

Time of hearing.

ii.

Place of hearing.

iii.

Purpose of request.

iv.

Location of property.

v.

Present zoning.

b.

Newspaper notice. Newspaper notice shall be published at least thirty (30) days but not more than forty-five (45) days before the date of the public hearing.

c.

Posted notice. Posted notice (signs) shall be posted at least thirty (30) days prior to the public hearing at the property that is the subject of the application.

d.

Mailed notice. Notice shall be mailed to the owner of the property that is the subject of the application at least thirty (30) days prior to the hearing.

4.

The city manager shall make a decision on each tier 1 waiver application within thirty (30) days of the public hearing by issuing a written decision. The city manager may act to approve the tier 1 waiver, approve the tier 1 waiver with conditions, or deny the tier 1 waiver based on the applicable review and approval criteria of section 21-7.4.8 - review and approval criteria. The city manager is also authorized to allow the applicant to withdraw the tier 1 waiver application without prejudice.

B.

Tier 2 waivers.

1.

Staff review.

a.

Upon receipt of a complete tier 2 waiver application, the city planning and community development department shall review the proposal and prepare an analysis and recommendation for consideration by the planning, architecture, zoning board. This review and analysis shall be transmitted to the planning, architecture, zoning board before their public hearing on the matter. The staff report shall also be made available to the applicant and the general public.

2.

Planning, architecture, zoning board (PAZB) hearing and recommendation.

a.

The PAZB shall hold a public hearing on the tier 2 waiver application. Following the close of the hearing, the planning, architecture, zoning board shall act to recommend that the tier 2 waiver be approved, approved with conditions, or denied based on the applicable review and approval criteria of section 21-7.4.8 - review and approval criteria. The PAZB may also recommend deferral of the application, or, upon request of the applicant, withdraw of the application without prejudice.

b.

The PAZB may defer the application once for one (1) period of up to thirty (30) days, or one (1) zoning cycle, whichever is longer, with the subsequent hearing date based upon the next available hearing on the approved hearing calendar.

c.

The PAZB's recommendation shall be transmitted to the board of mayor and commissioners.

3.

Board of mayor and commissioners decision.

a.

The recommendation of the PAZB is not binding on the board of mayor and commissioners.

b.

Upon receipt of a recommendation from the PAZB, the board of mayor and commissioners shall review the tier 2 waiver application. The board of mayor and commissioners shall act to approve the tier 2 waiver, approve the tier 2 waiver with conditions, or deny the tier 2 waiver based on the applicable review and approval criteria of section 21-7.4.8 - review and approval criteria. The board of mayor and commissioners is also authorized to withdraw the tier 2 waiver without prejudice.

(Ord. No. 2023-3, § 5, 6-28-2023)

A.

The city manager may authorize tier 1 waivers, and the board may authorize tier 2 waivers from the provisions of this zoning ordinance based on consideration of the following criteria:

1.

Features such as topography, high frequency transmission lines, existing trees of specimen or significant quality, underlying rock, or other condition outside the owner's control to the extent that strict adherence to said requirements would be unreasonable and not consistent with the purposes and goals of this Code;

2.

Alternative streetscape or building/façade design configurations are provided; and

3.

Proposal will not result in any detriment to the public good, including without limitation, detriment to the interest of the public, and will not result in any harm to the health, safety or general welfare of the city and its citizens.

If a waiver application is denied, an application to waive the same zoning ordinance provision for the same portion of the subject property may not be resubmitted for one (1) year from the date of the denial.

See division 7.8 - appeals of administrative decisions for tier 1 waivers and division 7.9 - appeals for tier 2 waivers.

Approved waivers, and any attached conditions, run with the land and are not affected by changes in tenancy or ownership.

A request for changes in conditions of approval attached to an approved waiver shall be processed as a new waiver application in accordance with the procedures of this division, including the requirements for fees, notices, and hearings.

A.

The procedures of this division apply to all amendments (zoning map, comprehensive plan/future development map, changes to conditions of zoning, and text) and conditional uses required under this zoning ordinance. if referenced generally as "amendments" herein this division, the regulations are referring to all amendments and conditional use processes.

B.

Concurrency with zoning map amendments. In accordance with section 21-1.2.7 - relationship to comprehensive plan and future development map, no zoning map amendment shall be considered if it is not consistent with the future development map. Pursuant to the future development map, an applicant may submit an amendment to the map, either separately or concurrently with a proposed zoning map amendment. If the applications are submitted concurrently, the board of mayor and commissioners shall consider the requests in a manner such that a decision on the application for a future development map amendment shall be rendered prior to the decision on the application for a zoning map amendment.

A.

Amendments to the future development map, the zoning map, modifications of conditions of approval, and the text of this zoning ordinance may be initiated by the mayor following a motion and a second, any member of the board of mayor and commissioners following a motion and a second, or by the city manager acting on behalf of the board of mayor and commissioners.

B.

Amendments to the future development map and the zoning map or modifications to conditions of approval may be initiated upon application by the owner of the subject property or the subject property owner's authorized agent.

C.

Applications for conditional use approval may be filed by the owner of the subject property or the property owner's authorized agent.

A pre-application meeting is required for all amendments (see the pre-application provisions of section 21-7.1.8 - pre-application meetings.

A.

Owner-initiated applications for amendments shall be filed with the city planning and community development department.

B.

No particular format is required to initiate amendments by the board of mayor and commissioners or city manager, but they shall follow the process of any owner-initiated application except for the Pre- application meeting in section 21-7.5.3 - pre-application meeting.

Notice of required public hearings shall be provided as follows. Where a public hearing and review by the planning, architecture, zoning board is not required by the procedures outlined herein, notice for that public hearing is also not required:

A.

Each notice shall provide the following information:

1.

Time of hearing.

2.

Place of hearing.

3.

Purpose of request.

4.

Location of property.

5.

Present zoning.

6.

Proposed zoning.

B.

Newspaper notice. Newspaper notice shall be published at least fifteen (15) days before but not more than forty-five (45) days before the date of the planning, architecture, zoning board and board of mayor and commissioners public hearings.

C.

If a proposed zoning map amendment, change of conditions, or major site plan modification is initiated by a party other than the mayor and city council, then the following additional notices are required:

1.

Mailed notice. Mailed notice shall be mailed to all owners of property included within the area included in the proposed amendment or conditional use and all owners of property within two hundred fifty (250) feet of the subject property. Notices shall be deposited in the mail at least fifteen (15) days before but not more than forty-five (45) days before the date of the planning, architecture, zoning board and board of mayor and commissioners public hearing.

2.

Posted notice. Posted notice (signs) shall be posted at least fifteen (15) days but not more than forty-five (45) days before the date of the planning, architecture, zoning board and board of mayor and commissioners public hearings.

Upon receipt of a complete amendment application, the city planning and community development department shall review the proposal and prepare an analysis and recommendation for consideration by the planning, architecture, zoning board and board of mayor and commissioners, where applicable. This review and analysis shall be transmitted to the planning, architecture, zoning board and board of mayor and commissioners before their public hearings on the matter. The staff report shall also be made available to the applicant and the general public.

A.

The PAZB shall hold a public hearing to consider all amendment applications, except conditional use permits, which are heard only by the board of mayor and commissioners. At the public hearing, city staff shall introduce the amendment request and outline its recommendation based on the criteria of section 21-7.5.9 - review and approval criteria. The applicant for the amendment shall have the right to present testimony and other evidence in support of the amendment request. Proponents and opponents of the amendment request shall each be permitted a minimum of ten (10) minutes per side to present their testimony and any documentary evidence. The applicant shall have the right to refute by rebuttal any evidence presented by the other side, such rebuttal being limited to five (5) minutes. The PAZB may ask questions and seek clarification of any testimony or evidence presented.

B.

Following the close of the hearing and consideration of all testimony, documentary evidence, and matters of record, the PAZB shall act to recommend that the amendment be approved, approved with conditions, or denied based on the applicable review and approval criteria of section 21-7.5.9 - review and approval criteria. The PAZB may also recommend deferral of the application, or, upon request of the applicant, withdrawal of the application without prejudice.

C.

The PAZB may defer the application once for one (1) period of up to thirty (30) days, or one (1) zoning cycle, whichever is longer, with the subsequent hearing date based upon the next available hearing on the approved hearing calendar.

D.

The PAZB's recommendation shall be transmitted to the BOMC. Neither the recommendation of the staff or the PAZB is binding on the BOMC.

A.

The BOMC shall hold a public hearing to consider all amendment applications. At the public hearing, city staff shall introduce the amendment request and outline its recommendation based on the criteria of section 21-7.5.9 - review and approval criteria. The applicant for the amendment shall have the right to present testimony and other evidence in support of the amendment request. The hearing shall be conducted in accordance with the procedures set forth in section 21-7.1.13 - procedure for public hearings required by the zoning procedures law of this zoning ordinance.

B.

Following the close of the hearing and consideration of all testimony, documentary evidence, and matters of record, the BOMC shall act to approve the amendment, approve the amendment with conditions, or deny the requested amendment. The BOMC is also authorized to defer action on the amendment, refer the application back to the PAZB for reconsideration, or allow the applicant to withdraw the amendment without prejudice.

C.

The BOMC's final decision shall be made within a reasonable period of time, but in no event, more than sixty (60) days from the date of the close of the hearing.

The review and approval criteria shall be used in reviewing and taking action on all amendment applications. No application for an amendment may be granted by the BOMC unless satisfactory provisions and arrangements have been made concerning each of the following considerations:

A.

Zoning map amendments. The following review and approval criteria shall be used in reviewing and acting on zoning map amendments, including changing conditions to existing zoning:

1.

The existing uses and zoning of nearby property;

2.

The extent to which property values are diminished by the zoning restrictions;

3.

The extent to which the proposed amendment promotes the health, safety, morals or general welfare of the public;

4.

The relative harm to the public as compared to the hardship imposed upon the individual property owner;

5.

The suitability of the subject property for the proposed zoning;

6.

The length of time the property has been vacant as zoned, considered in the context of land development in the area in the vicinity of the property;

7.

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

8.

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

9.

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

10.

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;

11.

Whether the zoning proposal is in conformity with the policy, goals, and intent of the comprehensive plan;

12.

Whether the aesthetic and architectural design of the site is compatible with the intent and requirements of the comprehensive plan, the character area, and all applicable zoning ordinance regulations;

13.

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

14.

Whether the proposed use will create adverse impacts upon any adjoining land use by reason of:

a.

Noise, smoke, odor, dust or vibration generated by the proposed use;

b.

Hours or manner of operation of the proposed use; and

c.

Traffic volumes or patterns generated by the proposed use.

B.

Comprehensive plan and future development map amendments. The following review and approval criteria shall be used in reviewing and acting on all comprehensive plan and future development map amendments:

1.

Whether the comprehensive plan amendment proposal is compatible with the surrounding future land uses as identified in the future development map.

2.

Whether the comprehensive plan amendment proposal can be adequately served by existing transportation facilities and other infrastructure, such as schools, water and sewer, or stormwater systems.

3.

Whether the comprehensive plan amendment proposal negatively impacts natural and historic resources identified by the city.

4.

Whether the comprehensive plan amendment proposal is in the best interest of the city and the public good and whether the proposal protects the health and welfare of its citizens.

5.

Whether the property to be affected by the comprehensive plan amendment proposal has a reasonable economic use as currently designated on the future development map.

6.

Whether the land use amendment proposal meets the policies and intent established in the comprehensive plan.

C.

Text amendments. The following review and approval criteria shall be used in reviewing and acting on all text amendments:

1.

Whether the amendment is in conformity with the policy and intent of the comprehensive plan; and

2.

Whether the proposed zoning ordinance text amendment corrects an error or inconsistency in the zoning ordinance, meets the challenge of a changing condition, or is necessary to implement established policy.

D.

Conditional Use Permits. The following review and approval criteria shall be used in reviewing and acting on all conditional use permits:

1.

Whether the subject property under the proposed conditional use is in conformity with the policies and intent of the adopted comprehensive plan for the City of Avondale Estates, as amended;

2.

Whether the conditional use would be injurious to the use and enjoyment of the environment or of other property in the immediate vicinity or diminish and impair property values within the surrounding neighborhood;

3.

Whether the change requested is out of scale with the needs of the city as a whole or the immediate neighborhood;

4.

Whether the proposed conditional use permit, if approved, would result in a use which would or could cause an excessive or burdensome use of existing streets, schools, sewers, water resources, police and fire protection, stormwater systems, or other utilities;

5.

Whether the establishment of the conditional use would impede the normal and orderly development of surrounding property for uses predominant in the area;

6.

Whether the location and character of the proposed conditional use would be consistent with a desirable pattern of development for the locality in general;

7.

Whether the property has been vacant as used, and the length of time it has been vacant, if so; and

8.

Whether there are other conditions or transitional patterns affecting the use and development of the subject property, if applicable, which give grounds for either approval or disapproval of the proposed conditional use.

If an amendment application is denied, an application for an amendment affecting all or a portion of the same property may not be resubmitted for one (1) year from the date of the denial.

Approved amendments and conditional use permits and any attached conditions run with the land and are not affected by changes in tenancy or ownership.

Conditions attached to previously approved amendments may be modified in accordance with the following:

A.

Minor modification.

1.

Modification of any of the following site plan characteristics, if attached as a condition of approval to an approved amendment, constitute a "minor modification" for purposes of interpreting this section. For the purposes of this section, a minor modification in the approved amendment means a slight alteration or change in layout, such as, but not limited to, small shifts in the location of buildings, streets, driveways, sidewalks, trails, utilities, easements or other similar features that do not negatively impact adjacent property, the public health and safety, the quality of materials, the appearance of the project, or the health and quality of the natural environment, including:

a.

The movement of any building or structure within the site, provided the movement of the structure is not closer to a property line or into a required buffer, landscape area, streetscape, or supplemental zone;

b.

Any increase in the minimum size of residential units;

c.

Any increase in the size of a required buffer or sidewalk;

d.

Any decrease in building or structure height;

e.

Any change in the proportion of floor space devoted to different authorized uses by less than five (5) percent;

f.

Decrease in the land area of the subject property or project; or

g.

Relocation of site features that do not exceed any other minor site modification thresholds.

2.

The city manager is authorized to approve minor modifications.

3.

Any request for minor modification shall be made in writing to the city manager. If an approved site plan exists, the request for minor modification shall be accompanied by copies of the revised site plan.

4.

Modification of conditions attached to an approved amendment that are not classified as a minor modification constitute a "major modification" for purposes of interpreting this section.

B.

Major modification.

1.

Any modification request that exceeds the thresholds for a minor modification, or any modification the city manager determines to be substantial enough to require board of mayor and commissioners review, is considered a major modification.

2.

Any major modification, as well as requests to approved amendments shall be processed as a new amendment application in accordance with the procedures of this article, including the requirement for fees, notices, and hearings.

3.

Any future alterations of conditions attached to an approved amendment shall be processed as a new amendment application in accordance with the procedures of this article, including the requirement for fees, notices, and hearings.

Whenever the city considers adopting a text amendment to the zoning ordinance that would revise one (1) 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 if a proposed rezoning that is initiated by the city would change the zoning of one (1) or more parcels zoned single-family residential to allow multifamily uses, then the city shall comply with the procedural requirements of O.C.G.A. § 36-66-4(h).

(Ord. No. 2023-3, § 6, 6-28-2023)

Any development or building project on a site consisting of two (2) acres or more that is not seeking an amendment or conditional use shall proceed through the developments of community impact (DCI) process. These requirements shall also apply to common plans of development that take place on different parcels, at different times, or on different schedules within a 24-month period.

A.

The purpose of the DCI shall be to:

1.

Provide for unified approaches to the development of land;

2.

Provide for the development of stable environments that are compatible with surrounding areas of the community; and

3.

Provide for architectural review and approval for individual large-scale projects not subject to other legislative review.

Applications for DCIs may be filed by the owner of the subject property or the property owner's authorized agent.

A pre-application meeting is required for all DCIs.

A.

At a minimum, the application shall be completed on forms provided by the city planning and city planning and community development department and shall be accompanied by:

1.

Table of contents for the application and supporting materials;

2.

Location map;

3.

Narrative description of the nature and intent of the application, characteristics of the site, and a quantitative and qualitative description of the uses, buildings, and structures included in the proposed development;

4.

Development plans as described in section 21-7.6.5.B;

5.

Justification for criteria in section 21-7.6.10 - review and approval criteria;

6.

Variances and waivers shall be submitted in accordance with the concurrent variance process outlined in division 7.7 - concurrent variances.

B.

The following development plans drawn, stamped, and sealed by a state-registered professional surveyor, civil engineer, landscape architect, or land planner:

1.

Existing site conditions. An analysis of existing site conditions, including a boundary survey and topographic map of the site shall include information on all existing manmade and natural features, utilities, all streams and easements, and features to be retained, moved or altered. The existing shape and dimensions of the lot to be built upon, including the size, measurement and location of any existing buildings or structures on the lot shall be included.

2.

Master plan. A master plan showing compliance with all regulations and calculations required by the zoning ordinance which shall include, but not be limited to, information on all proposed improvements, proposed building footprints, densities, parking ratios, open space, height, sidewalks, yards, under and over-head utilities, internal circulation and parking, landscaping, grading, lighting, drainage, amenities, and similar details including their respective measurements.

3.

Landscape plan. A site plan showing compliance with all regulations and calculations required by the zoning ordinance, which shall include, but not be limited to, information on landscaping, grading, tree species, and the number of all plantings and open space including the landscaping that is being preserved, removed and that which is replacing the landscaping that is removed.

4.

Architectural design. Preliminary architectural plans and all elevations with sufficient detail to demonstrate compliance with all design criteria of this chapter, as well as the regulations and calculations required by the zoning ordinance shall include, but not be limited to, scaled floor plans and elevation drawings of proposed buildings and structures and information on building materials, features, exterior finish legend, windows, doors, colors, and items affecting exterior appearance, such as signs, air conditioning, grills, compressors, dumpsters, transformers, and similar details including their respective measurements.

5.

Site planning. Site planning in the proposed DCI shall consider the topography, the location of structures, buffers, screening, stream buffers, floodplains, wetlands, setbacks, transit, pedestrian and bike access, and street design that demonstrates multi-modal access and connectivity of the development with its surrounding areas that includes bicycle/pedestrian connections to schools, retails, and parks adjacent to the project boundary.

6.

Service and emergency access. Access and circulation shall adequately provide for firefighting and other emergency equipment, service deliveries and refuse collection.

7.

Utilities. Provision shall be made for acceptable design and construction of electric and natural gas utilities, water supply, wastewater collection, and stormwater management facilities, as required by appendix B - subdivision regulations.

8.

Phasing plan. Should a DCI be expected to require five (5) years or longer to complete, a phasing plan shall be provided by the applicant that indicates the timeframe for construction and development of each phase of the DCI.

Notice of public hearings shall be provided as follows:

A.

Each notice shall provide the following information:

1.

Time of hearing.

2.

Place of hearing.

3.

Purpose of request.

4.

Location of property.

5.

Present zoning.

B.

Newspaper notice. Newspaper notice shall be published at least fifteen (15) days but not more than forty-five (45) days before the date of the planning, architecture, zoning board and board of mayor and commissioners public hearings.

C.

Posted notice. Posted notice (signs) shall be posted at least fifteen (15) days but not more than forty-five (45) days before the date of the planning, architecture, zoning board and board of mayor and commissioners public hearings.

Upon receipt of a complete DCI application, the city planning and community development department shall review the proposal and prepare an analysis and recommendation for consideration by the planning, architecture, zoning board and board of mayor and commissioners. This review and analysis shall be transmitted to the planning, architecture, zoning board and board of mayor and commissioners before their public hearings on the matter. The staff report shall also be made available to the applicant and the general public.

A.

The PAZB shall hold a public hearing to consider all DCI applications. At the public hearing, city staff shall introduce the DCI request and outline its recommendation based on the criteria of section 21-7.6.10 - review and approval criteria. The applicant for the DCI shall have the right to present testimony and other evidence in support of the DCI request. Proponents and opponents of the DCI request shall each be permitted a minimum of ten (10) minutes per side to present their testimony and any documentary evidence. The applicant shall have the right to refute by rebuttal any evidence presented by the other side, such rebuttal being limited to five (5) minutes. The PAZB may ask questions and seek clarification of any testimony or evidence presented.

B.

Following the close of the hearing and consideration of all testimony, documentary evidence, and matters of record, the PAZB shall act to recommend that the DCI be approved, approved with conditions, or denied based on the applicable review and approval criteria of section 21-7.6.10 - review and approval criteria. The PAZB may also recommend deferral of the application, or, upon request of the applicant, withdrawal of the application without prejudice.

C.

The PAZB may defer the application once for one (1) period of up to thirty (30) days, or one (1) zoning cycle, whichever is longer, with the subsequent hearing date based upon the next available hearing on the approved hearing calendar.

D.

The PAZB's recommendation shall be transmitted to the BOMC. Neither the recommendation of the staff or the PAZB is binding on the BOMC.

A.

The BOMC shall hold a public hearing to consider all DCI applications. At the public hearing, city staff shall introduce the DCI request and outline its recommendation based on the criteria of section 21-7.6.10 - review and approval criteria. The applicant for the DCI shall have the right to present testimony and other evidence in support of the DCI request. Proponents and opponents of the DCI request shall each be permitted a minimum of ten (10) minutes per side to present their testimony and any documentary evidence. The applicant shall have the right to refute by rebuttal any evidence presented by the other side, such rebuttal being limited to five (5) minutes. The BOMC may ask questions and seek clarification of any testimony or evidence presented.

B.

Following the close of the hearing and consideration of all testimony, documentary evidence, and matters of record, the BOMC shall act to approve the DCI, approve the DCI with conditions, or deny the requested DCI. The BOMC is also authorized to defer action on the DCI, refer the application back to the PAZB for reconsideration, or allow the applicant to withdraw the DCI without prejudice.

C.

The BOMC's final decision shall be made within a reasonable period of time, but in no event, more than sixty (60) days from the date of the close of the hearing.

The review and approval criteria shall be used in reviewing and taking action on all DCI applications. No application for a DCI may be granted by the BOMC unless satisfactory provisions and arrangements have been made concerning each of the following considerations:

A.

Design shall be in harmony with the general character of the neighborhood and surrounding area, considering factors such as mass, placement, height, changing land use patterns, and consistency of exterior architectural treatment, especially in areas of historic and special design interest.

B.

Design components shall be planned such that they are physically and aesthetically related and coordinated with other elements of the project and surrounding environment to ensure visual continuity of design.

C.

Design shall protect scenic views, particularly those of open space, and utilize natural features of the site.

D.

Design shall protect adjacent properties from negative visual and functional impacts.

E.

Design shall respect the historical character of the immediate area as integral parts of community life in the city and shall protect and preserve structures and spaces which provide a significant link within these areas.

F.

All exterior forms, attached to buildings or not, shall be in conformity with, and secondary to, the building.

G.

The proposed development is suitable in view of the use and development of adjacent and nearby property.

H.

The proposed development does not adversely affect the existing use or usability of adjacent or nearby property.

I.

The proposed development does not result in a use which will or could cause an excessive or burdensome use of existing streets, transportation facilities, utilities or schools.

J.

The proposed development is in conformance with the applicable zoning district.

K.

The proposed development is in conformance with the provisions of the future development plan articulated in the city's comprehensive plan and any sub-area plan.

A.

A plan approved for a DCI shall expire two (2) years from date of approval. Unless a land disturbance permit or building permit for the principal structure has been granted by the city planning and community development department. A one-year extension may be granted by the city manager.

B.

Notwithstanding the foregoing, a plan approved for a DCI shall expire five (5) years from the date of approval of the board of mayor and commissioners. An extension may be granted by action of the city manager. A DCI may extend beyond the five (5) years, without the need for an extension, if accompanied by a phasing plan established pursuant to section 21-7.6.5 - application filing.

C.

DCI plans that expire pursuant to this section shall be null and void.

The board of mayor and commissioners is authorized to consider and approve, approve with conditions, or deny variances that would otherwise require approval under division 7.2 - variances simultaneously with an amendment, conditional use permit, or DCI application. In such instances, the notices published and posted as provided by section 21-7.6.2 - public hearing notices shall also include notice that concurrent variances are being sought.

A.

The concurrent variance process shall follow the general procedures outlined in division 7.2 - variances.

B.

The staff and PAZB shall make a recommendation on the requested concurrent variance in addition to its recommendation on the companion application. The PAZB shall make its recommendation, and the BOMC shall take action on the concurrent variance request in a separate motion after acting on the companion application.

C.

Any application for a variance that is not processed simultaneously with an amendment, conditional use permit, or DCI application shall be processed as a separate variance request in accordance with the procedures of division 7.2 - variances.

In taking action on concurrent variance requests, the PAZB and BOMC shall apply the variance review and approval criteria of section 7.2. - review and approval criteria.

See division 7.9 - appeals.

The procedures of this division apply to provide for appeals of final administrative decisions and interpretations of this zoning ordinance, unless otherwise specifically addressed elsewhere in this zoning ordinance.

Appeals of administrative decisions may be filed by any person aggrieved by, or by any city official, department, board or agency affected by any final order, requirement, or decision of an administrative official, based on or made in the enforcement of this zoning ordinance. A person may be considered aggrieved for purposes of this section only if they are the applicant, the owner of the property that is the subject of the administrative official's decision.

Applications for appeals of administrative decisions shall be filed with the city planning and community development department within thirty (30) days of the date of the order, requirement, or decision being appealed. Failure to act is not an order, requirement, or decision within the meaning of this division. The appeal shall be scheduled to be heard at the next regularly scheduled board of mayor and commissioners meeting for which required hearing notice can be provided, unless the applicant agrees to a later hearing date.

The filing of a complete notice of appeal stays all proceedings in furtherance of the action appealed, unless the official whose decision is being appealed certifies to the board of mayor and commissioners, after the appeal is filed, that, because of facts stated in the certification, a stay would cause imminent peril to life or property. In such a case, proceedings may be stayed only by a restraining order granted by the superior court on notice to the official whose decision is being appealed and on due cause shown.

Upon receipt of a complete application of appeal, the city manager or other administrative official whose decision is being appealed shall transmit to the board of mayor and commissioners all papers constituting the record upon which the action appeal is taken.

Mailed notice of the board of mayor and commissioners hearing shall be provided to the appellant at least fifteen (15) days before the date of the board of mayor and commissioners hearing. If the applicant was not the original applicant for relief, the original applicant shall also receive notice.

A.

The board of mayor and commissioners shall hold a hearing to consider all appeals of administrative decisions. The hearing is not a public hearing. The only participants are the appellant, the original, applicant if other than the appellant, and the city manager or other administrative official whose decision is being appealed. Participants in the hearing may present testimony, produce documentary evidence and may cross examine testimony and evidence provided by another participant. The board of mayor and commissioners may ask questions or seek clarification from any participant in the hearing.

B.

Following the close of the hearing and consideration of all testimony, documentary evidence, and matters of record, the board of mayor and commissioners shall make a decision. The decision shall be made within a reasonable period of time, but in no event, no more than sixty (60) days from the date of the close of the hearing.

C.

In exercising its powers, the board of mayor and commissioners may reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination appealed from. To that end, the board of mayor and commissioners has all the powers of the administrative official from whom the appeal was taken and may issue or direct the issuance of a permit, provided all requirements imposed by all other applicable laws are met.

An appeal may be sustained only upon a finding by the board of mayor and commissioners that the administrative official's action was based on an erroneous finding of a material fact or that the administrative official acted in an arbitrary manner.

See division 7.9 - appeals.

The procedures of this division apply to final decisions made by the board of mayor and commissioners made pursuant to this zoning ordinance.

A.

Any person aggrieved by a final decision of the BOMC may seek review in the Superior Court of DeKalb County within thirty (30) days of the date of decision by filing a petition for a writ of certiorari.

B.

A person is considered aggrieved for purposes of this section only if the person or their property was the subject of the action appealed from, or the person has a substantial interest in the action being appealed that is in danger of suffering special damage or injury not common to all property owners similarly situated.

A.

Appeals of final decisions made by the board of mayor and commissioners pursuant to this chapter may be made to the DeKalb County Superior Court within thirty (30) days of the date of decision and according to the applicable process and procedure established by O.C.G.A. § 36-66-5.1.

B.

The city manager is hereby designated as the officer of the city, and all city quasi-judicial boards or agencies making decisions under this chapter, who shall have authority to approve or issue any form or certificate necessary to perfect the petition described in title 5 of the Official Code of Georgia for review of lower judicatory bodies. The city manager is further designated as the official upon whom service of such petition may be effected or accepted on behalf of the city and all city quasi-judicial boards or agencies making decisions under this chapter. The city manager shall be available at city hall during normal business hours to approve or issue any such form or certificate.

C.

The city manager shall have authority to accept service of an appeal of a quasi-judicial decision made pursuant to this chapter on behalf of the board of mayor and commissioners during normal business hours at city hall.

(Ord. No. 2023-3, § 7, 6-28-2023)

Editor's note— Ord. No. 2023-3, § 7, adopted June 28, 2023, repealed the former § 21-7.9.3 and enacted a new § 21-7.9.3 as set out herein. The former § 21-7.9.3 pertained to application filing and carried no amendatory history.