There is hereby created a body known as the Planning Commission for the City of College Park as identified within Chapter 15, Planning and Development, Section 15.1 of the City of College Park.

The Planning Commission shall hear and act upon applications pursuant to procedures and standards established by the City Council. The commission shall review, conduct public hearings, and make recommendations to the Mayor and City Council, on applications for annexation and rezoning, rezoning, and conditional use permits. The Commission shall have such other powers and duties as the Mayor and City Council may, from time to time, establish.

1.

Public notice of hearing. The Planning Commission shall give public notice of a hearing to consider any matter which the City Council or the law requires public notice, in a newspaper designated as the official organ for the City of College Park, at least fifteen (15) days prior to the date of the public hearing in accordance with the Zoning Procedures Act of the State of Georgia.

2.

Who may appear. Any party may appear at the public hearing in person or by agent or by attorney.

3.

Decision. The decision of the Planning Commission shall be made by a public vote and shall constitute a recommendation to the Mayor and City Council, unless the Mayor and City Council provides otherwise in its ordinances.

The Planning Commission shall review all applications pursuant to the applicable standards established by the Mayor and City Council or established by state or federal law.

1.

The following provisions shall apply to all zoning amendments, conditional uses, text amendments, and Comprehensive Plan amendments:

a.

Submission of requests. Requests for alterations from these zoning regulations shall be submitted to the City Planner pursuant to the following powers and procedures:

i.

A written application for a variance, indicating the section of this chapter under which the variance is sought, and stating the grounds upon which it is requested, shall be submitted to the City Planner. Once the application and all required attachments are deemed complete, the City Planner will place the application on the next planning commission agenda.

ii.

Before making its decision on a request, the commission shall hold a public hearing thereon.

iii.

At the expense of the applicant, the commission shall give public notice of a hearing on a variance or conditional use permit in the newspaper used as the official legal organ for the City of College Park, published at least fifteen (15) days, but not more than forty-five (45) days prior to the date of the hearing, and shall further cause the erection at least fifteen (15) days prior to the date of the hearing, in a conspicuous place on the property in question, a sign as a notice to the public that a petition for a zoning amendment has been filed as to the property and that a public hearing will be held on the request before the planning commission, stating the date, time and place of that hearing.

iv.

The applicant or any aggrieved party may appear at the public hearing in person or by agent.

v.

The planning commission shall reach a recommendation within thirty (30) days of the hearing.

vi.

Recommendation of the planning commission with regard to the above zoning amendments shall be forwarded to the Mayor and City Council for an official decision.

1.

General policy. Conditional Uses are neither absolutely permitted as a matter of right nor prohibited in particular zoning districts. Such uses of property may be permitted as generally compatible with the zoning district, but not in every location therein, nor without certain standards or other requirements or conditions met. Uses which require a conditional use permit are potentially incompatible with other uses usually allowed in the particular district or particularly incompatible with nearby or contiguous districts.

2.

Conditional Uses shall be authorized only upon making a finding that the application conforms to all of the requirements of the designated zoning district requirements.

3.

Standards for review. Special emphasis shall be placed on the justification for the proposed use at the proposed location and how the proposal relates to and affects neighboring properties. Therefore, the commission and the council, on appeal, shall consider among other matters, the statement of general policy stated above and the following:

a.

Compliance with the City of College Park's zoning ordinance.

b.

The character and use of buildings and structures adjoining or in the vicinity of the subject property.

c.

The compatibility of the proposed use at the subject property to the present uses of the buildings, structures, or properties adjoining or in the vicinity of the subject property.

d.

Impact of the proposed use on nearby properties, including existing and possible future uses.

e.

Impact of the proposed use on public facilities, utilities and public infrastructure.

f.

Appropriateness of the proposed use as related to the city's land use plan.

g.

The number of persons residing, studying, working in or otherwise occupying buildings adjoining or in the vicinity of the subject property.

h.

Traffic conditions in the area of the proposed use and possible aggravation of traffic conditions by the proposed use.

i.

Accessibility of building for fire and police protection.

j.

Materials of combustible, explosive or inflammable nature to be sold, stored, or kept on the premises.

k.

Protection of occupants of adjoining and surrounding buildings from noise, dust, gases, pollution.

l.

Population density in the surrounding area and threats to the public safety created by the proposed use.

m.

Relationship of the proposed use to the neighboring areas in the context of how the use might service or have utility to the area.

n.

Adequacy of the site in terms of protecting and screening nearby properties from adverse impacts which might result from the proposed use.

o.

The number, size, and type of signs proposed for the site.

p.

The amount and location of open space on the site.

q.

Hours and manner of operation of the proposed use.

r.

The type of electrical illumination for the proposed use with special reference to its effects on nearby structures and the glare, if any, from such illumination in surrounding sleeping quarters.

s.

Adequacy of ingress and egress to the property.

t.

Impact of the proposed use on the property values of surrounding properties at the uses for which the surrounding properties are presently being used.

4.

Conditional approval. The Mayor and City Council may impose such conditions as it deems necessary to insure compatibility of the proposed use with the neighboring area and with the policies of the city's zoning ordinance and land use plan and the standards of this chapter. Such conditions may include, at a minimum, any of the following:

a.

The existence of certain public facilities, utilities, or infrastructures.

b.

The existence of traffic control devices or modifications to streets and traffic patterns.

c.

Parking.

d.

Screening or buffering.

e.

Distance from other similar uses.

f.

Building or improvement setbacks.

g.

Minimum lot size.

h.

Hours of operation.

i.

Number and location of curb cuts or driveway entrances into public roads or into the subject tract.

j.

Type and placement of outdoor lighting.

k.

Type and placement of signs.

l.

Physical design and layout of property.

m.

Limitations on operation of use.

5.

Prior to the approval of a land disturbance permit, a building permit or a certificate of occupancy, a site plan based on a certified boundary survey of the property, showing the exact location of all improvements, and incorporating the stipulations of the conditional use permit and meeting and exceeding the requirements of this zoning chapter, shall be first approved.

There is hereby created a body known as the Board of Zoning Appeals for the City of College Park, as identified within Chapter 15, Planning and Development, Section 15.8 of the City of College Park.

The Board of Zoning appeals shall hear and act upon applications pursuant to procedures and standards established by the Mayor and City Council. The Board of Zoning Appeals shall review, conduct public hearings, and make decisions upon applications for variances and administrative appeals.

1.

Public notice of hearing. The Board of Zoning Appeals shall give public notice of a hearing to consider any matter which the law requires public notice, in a newspaper designated as the official organ for the City of College Park, at least fifteen (15) days prior to the date of the public hearing in accordance with the Zoning Procedures Act of the State of Georgia.

2.

Who may appear. Any party may appear at the public hearing in person or by agent or by attorney.

3.

Decision. The decision of the Board of Zoning Appeals shall be made by a public vote and shall constitute a final decision.

The Board of Zoning Appeals may authorize, only in the specific cases of height and size of structures, buffers, yard requirements, parking, fences, pools, and accessory buildings, such variance from the terms of these regulations as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of these regulations will, in an individual case, result in practical difficulty or unnecessary hardship, so that the spirit of these regulations shall be observed, public safety and welfare secured, and substantial justice done; provided, however, that a variance shall not be granted for use of land, building, structure that is prohibited by this chapter in the district in question. Such variance may be granted, in an individual case, upon a finding by the Board of Zoning Appeals that the following exists:

1.

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

2.

The application of these regulations to this particular piece of property would create a practical difficulty or unnecessary hardship;

3.

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

4.

Relief, if granted, would not cause substantial detriment to the public good or impair the purposes and intent of this chapter and the city Comprehensive Plan text, however, no variance may be granted for a use of land, building, structure that is prohibited by this chapter;

5.

A literal interpretation of this chapter would deprive the applicant of any rights that others in the same district are allowed; and

6.

Provided that the commission may impose or require such additional restrictions and standards as may be necessary to protect the health and safety of workers and residents in the community, and to protect the value and use of property in the general neighborhood; and provided that wherever the commission shall find, in the case of any permit granted pursuant to the provisions of these regulations, that any of the terms, conditions, or restrictions upon which such permit was granted are not complied with, said commission shall rescind and remove such permit after giving due notice to all parties concerned and granting full opportunity for a public hearing.

1.

The Board of Zoning Appeals shall not review sign variances. Sign variance applications are made to the Mayor and City Council.

2.

The Board of Zoning Appeals shall not grant variance to:

a.

Allow a structure or use not authorized in the applicable zoning district or a density of development that is not authorized within such district;

b.

Allow an increase in maximum height of building;

c.

Allow any variance which conflicts with or changes any requirement enacted as a condition of zoning or of a conditional use permit by the Mayor and City Council;

d.

Reduce, waive or modify in any manner the minimum lot width and minimum lot area where the lot has been conditionally zoned to a specific site plan;

e.

Reduce, waive or modify in any manner the minimum lot area established by the Mayor and City Council for any permitted use;

f.

Extend the time period for a temporary outdoor social, religious, entertainment or recreation activity approved by the City Planner;

g.

Permit the expansion or enlargement of any nonconforming use of land, nonconforming use of land and buildings in combination, nonconforming use of land and structures in combination, or nonconforming use requiring conditional use permit;

h.

Permit the reestablishment of any nonconforming use of land, nonconforming use of land and buildings in combination, nonconforming use of land and structures in combination, or nonconforming use requiring conditional use permit where such use has lapsed pursuant to the requirements and limitations of Article 12 of this ordinance; or

i.

Permit customer contact for a home occupation authorized by this ordinance.

The City Planner shall conduct a site inspection of and shall prepare an analysis of each application for variance and conditional use permits. The City Planner shall present its findings and recommendations in written form to the Planning Commission and Board of Zoning Appeals at least four (4) days prior to the public hearing thereon.

All appeals from actions of the City Planner shall be heard by the Board of Zoning Appeals.

All appeals of the Board of Zoning Appeals shall be by certiorari to Superior Court.