A.

The City of College Park hereby requires that an application be submitted for the following types of petitions:

1.

Variance,

2.

Conditional Uses,

3.

Conditional Height, and

4.

Zoning Map Amendment.

B.

All applications shall be obtained through the City Planner's office. Fees shall be paid at the office at the time petition and permit applications are submitted.

1.

All applications shall be made on forms provided by the City Planner. All petitioners and permit applicants shall submit original applications which are completed in their entirely either in ink or typed. All applications shall be signed and notarized (if required).

2.

All petitioners and applicants shall submit copies of applications and necessary attachments as required by the adopted policies of the City Planner.

3.

All petitions and permit applications shall be assigned reference and/or docket numbers by the City Planner. Petition applications shall be scheduled by the City Planner for the appropriate public hearings based on the completeness of the application consistent with the requirements of this Article and the appropriate adopted calendars of filing and meeting dates for the Board of Zoning Appeals, Planning Commission, and Mayor and City Council.

The City Planner shall maintain an official Fees Schedule for permits and processes outlined in this Code. The Fees Schedule shall be available to the public in the office of the City Planner. The fees schedule may be amended by a recommendation submitted to the City Council.

Until all applicable fees, charges, and expenses have been paid in full, no final action shall be taken on any permit application or petition.

Any person or persons who initiates construction of a structure or the alteration of land prior to obtaining a Building Permit or any other required permit shall pay a fine equal to two (2) times the amount of the fee, in addition to the standard fee amount.

The following procedure shall apply to all variance petitions:

A.

Application: The petitioner shall submit a variance application, affidavit and consent of property owner (if the owner is someone other than the petitioner), a deed for the property involved, the required filing fee, and required supportive information. Supportive information shall include, but not be limited to the following:

1.

A site plan drawn with a straight edge, signed, and dated, clearly showing the entire layout of the property and all features relevant to the variance request.

2.

A letter of intent to the Board of Zoning Appeals describing the details of the variance being requested and stating how the request is consistent with the required findings of fact described by Article 13.12 of this ordinance. The letter should include any written commitments being made by the petitioner.

3.

A letter from the Federal Aviation Administration indicating that the variance will not negatively affect the operation of the Airport, if required.

B.

Notification: Notification for the scheduled public hearing regarding the variance request shall be completed consistent with Article 14.2 of this ordinance and the Rules and Procedures of the Board of Zoning Appeals.

C.

Public Hearing: The Board of Zoning Appeals will then, in a public hearing scheduled consistent with the adopted calendar of filing and meeting dates, review the variance application and required supportive information.

1.

Either the petitioner or a representative of the petitioner must be present at the public hearing to present the petition and address the required findings of fact.

2.

The Board shall consider a report from the City Planner, testimony from the petitioner, and testimony from the public and interested parties at the hearing.

3.

The presentation of reports and testimony and all other aspects of the public hearing shall be consistent with the requirements of the Rules and Procedures of the Board.

4.

The Board of Zoning Appeals may approve, approve with conditions, deny, or table the petition.

a.

The petition shall be approved if findings of fact are made consistent with the requirements of Article 13.12 of this ordinance.

b.

The petition shall be approved with conditions if the Board of Zoning Appeals determines that the required findings of fact may be made if certain conditions are applied to the petition. The Board may make reasonable conditions related to the required findings of fact part of its approval or accept written commitments from the petitioner.

c.

The petition shall be denied if findings of fact consistent with the requirements of Article 13.12 of this ordinance are not made.

d.

The petition shall be tabled consistent with the adopted Rules and Procedures of the Board of Zoning Appeals.

Appeals of the grant or denial of a variance decision shall be taken within thirty (30) days of the decision by filing an appeal in superior court, pursuant to the provisions in Title 5 of the Georgia Code. Such appeals shall be de novo.

If the decision of the Board of Zoning Appeals is to deny the variance, then the same property may not again be considered for a variance until the expiration of at least one (1) year immediately following such denial.

A variance may cease to be authorized and terminated with proper public notification, public hearing, and approval by the Board of Zoning Appeals if construction has not been completed and approved within six (6) months of the date the variance is granted.

The following procedure shall apply to all appeals of administrative decisions:

A.

Application: The petitioner shall submit an administrative appeal application and required supportive information. Supportive information shall include, but not be limited to the following:

1.

Copies of all materials submitted to the staff member or administrative board upon which the decision being appealed was based.

2.

Copies of any written decisions which are the subject of the appeal.

3.

A letter describing the reasons for the appeal noting specific sections of this Code or other standard applicable to City of College Park upon which the appeal is based.

B.

Notification: Notification for the scheduled public hearing regarding the administrative appeal shall be completed consistent with Article 14.2 of this ordinance and the Rules and Procedures of the Board of Zoning Appeals.

C.

Public Hearing: The Board of Zoning Appeals will then, in a public hearing scheduled consistent with the adopted calendar of filing and meeting dates, review the administrative appeal application and supportive information.

1.

Either the applicant or a representative of the applicant must be present at the public hearing to present the appeal and address any questions from the Board.

2.

The Board shall consider a report from the City Planner, testimony from the applicant, and testimony from any interested parties at the hearing.

3.

The presentation of reports and testimony and all other aspects of the public hearing shall be consistent with the requirements of the Rules and Procedures of the Board.

4.

The BZA may grant, deny, or table the appeal.

a.

The appeal shall be approved if findings of fact are made consistent with the requirements of Article 13.12 of this ordinance.

b.

The petition shall be denied if findings of fact are made supporting the administrative decision.

c.

The petition shall be tabled consistent with the adopted Rules and Procedures of the Board of Zoning Appeals.

The following procedure applies to conditional use petitions:

A.

Application: The petitioner shall submit a conditional use application, affidavit and consent of property owner (if the owner is someone other than the petitioner), a deed for the property involved, the required filing fee, and required supportive information. Supportive information shall include, but not be limited to the following:

1.

A site plan drawn with a straight edge, signed, and dated, clearly showing the entire layout of the property and all features relevant to the conditional use request.

2.

A letter of intent to the Planning Commission describing the details of the conditional use request including but not limited to:

a.

The ways in which the conditional use shall comply with the applicable development standards of this Code,

b.

The ways in which the conditional use shall be consistent with the required findings of fact described by Article 13.6 of this ordinance, and

c.

Any written commitments being made by the petitioner.

3.

A letter from a public sewer provider stating that the proposed conditional use shall be served by its utility.

4.

A letter from the Federal Aviation Administration indicating that the variance will not negatively affect the operation of the Airport, if required.

B.

Notification: Notification for the scheduled public hearing regarding the conditional use request shall be completed consistent with Article 14.2 of this ordinance and the Rules and Procedures of the Planning Commission.

C.

Public Hearing: The Planning Commission will then, in a public hearing scheduled consistent with the adopted calendar of filing and meeting dates, review the conditional use application and required supportive information.

1.

Either the petitioner or a representative of the petitioner must be present at the public hearing to present the petition and address the required findings of fact.

2.

The Board shall consider a report from the City Planner, testimony from the petitioner, and testimony from the public and interested parties at the hearing.

3.

The presentation of reports and testimony and all other aspects of the public hearing shall be consistent with the requirements of the Rules and Procedures of the Board.

4.

The Planning Commission may recommend approval, approval with conditions, denial, or table the petition.

a.

The petition shall be approved if findings of fact are made consistent with the requirements of Article 13.6 of this ordinance.

b.

The petition may be approved with modifications if the Planning Commission determines that the required findings of fact may be made only if certain conditions are applied to the petition. The Commission may make reasonable conditions related to the required findings of fact part of its approval or accept written commitments from the petitioner.

c.

The petition shall be denied if findings of fact consistent with the requirements of Article 13.6 of this ordinance are not made. Petitions which are denied shall not be eligible for consideration again by the Planning Commission for a period of one (1) year from the date of denial.

d.

The petition shall be tabled consistent with the adopted Rules and Procedures of the Planning Commission.

D.

Planning Commission Public Hearing: The Planning Commission will then, in a public hearing scheduled consistent with the adopted calendar of filing and meeting dates (but no later than sixty (60) days following the receipt of the application), review the conditional use application and required supportive information.

1.

Either the petitioner or a representative of the petitioner must be present at the public hearing to present the petition and address any questions the Commission may have.

2.

The Commission shall consider a report from the City Planner, testimony from the petitioner, and testimony from the public and interested parties at the hearing.

3.

The presentation of reports and testimony and all other aspects of the public hearing shall be consistent with the requirements of the Rules and Procedures of the Commission.

4.

The Planning Commission shall either forward the petition to the Mayor and City Council with a favorable recommendation, an unfavorable recommendation, or no recommendation, or table the request.

a.

The petition shall be forwarded with a favorable recommendation if it is found to be consistent with the decision criteria listed below in Article 15.11.

b.

The petition shall be forwarded with an unfavorable recommendation if it is found to be inconsistent with the decision criteria listed below in Article 15.11.

c.

The petition may be forwarded with no recommendations if, by a majority vote of the Commission, it is determined that petition includes aspects which the Commission is not able to evaluate.

d.

The petition shall be tabled consistent with the adopted Rules and Procedures of the Planning Commission.

E.

Certification: The Planning Commission shall certify its recommendation by resolution to the Mayor and City Council. The City Planner shall forward to the City Council appropriate copies of the Planning Commission's resolution, the original application and all supportive information, any staff reports regarding the petition, and the Code for the Council's consideration.

F.

Mayor and City Council Hearing: The Mayor and City Council shall hold a public hearing and vote on the proposed rezoning Code with sixty (60) days of its certification by the Planning Commission.

If the decision of the Mayor and City Council is to deny the Conditional Use Permit, then the same property may not again be considered for a Conditional Use until the expiration of at least one (1) year immediately following such denial.

A Conditional Use Permit may cease to be authorized and terminated with proper public notification, public hearing, and approval by the Mayor and City Council if construction has not been completed and approved within six (6) months of the date the Conditional Use Permit is granted.

The following procedure shall apply to all zoning map amendment ("rezoning") petitions:

A.

Petition Initiation: Proposals for zoning map amendments may be initiated by either the City Council, the property owner, or through a petition signed by property owners of at least fifty (50) percent of the land involved.

1.

The City Planner shall prepare the petition for zoning map amendment if either the City Council has initiated the petition. The City Planner shall serve as the petitioner for such proposals.

2.

Any property owners requesting a zoning map amendment shall be the petitioners and assume responsibility for preparing application materials.

B.

Application: The petitioner shall submit a rezoning application, affidavit and consent of property owner (if the owner is someone other than the petitioner), a deed for the property involved, the required filing fee, and required supportive information. Supportive information shall include, but not be limited to the following:

1.

A site plan drawn to scale showing, at a minimum, all existing and proposed structures, setbacks, easements, rights-of-way, floodplains, trees with a diameter in excess of eight (8) inches measured at chest height, and any other feature relevant to the petition.

2.

A vicinity map showing the use and zoning of all properties within one thousand three hundred twenty (1,320) feet of the property subject to the rezoning request.

3.

A letter of intent to the Planning Commission stating the reasons for the Zoning Map Amendment, including a detailed description of any proposed development for which the rezoning is sought. The letter should include any written commitments being made by the petitioner.

4.

A letter verifying that proper waste disposal will be available to the property.

5.

For proposals using septic systems, a letter from the County Health Department shall be provided verifying that the any proposed new development makes appropriate use of the septic system and will be adequately served.

6.

For proposals using public sewers, a letter from the service provider shall be included verifying that any proposed new development will be served.

C.

Notification: Notification for the scheduled public hearing regarding the rezoning request shall be completed consistent with the requirements of Article 14.2 of this ordinance and in accordance with the Planning and Zoning Act of the State of Georgia.

D.

Planning Commission Public Hearing: The Planning Commission will then, in a public hearing scheduled consistent with the adopted calendar of filing and meeting dates (but no later than sixty (60) days following the receipt of the application), review the rezoning application and required supportive information.

1.

Either the petitioner or a representative of the petitioner must be present at the public hearing to present the petition and address any questions the Commission may have.

2.

The Commission shall consider a report from the City Planner, testimony from the petitioner, and testimony from the public and interested parties at the hearing.

3.

The presentation of reports and testimony and all other aspects of the public hearing shall be consistent with the requirements of the Rules and Procedures of the Commission.

4.

The Planning Commission shall either forward the petition to the Mayor and City Council with a favorable recommendation, an unfavorable recommendation, or no recommendation, or table the request.

a.

The petition shall be forwarded with a favorable recommendation if it is found to be consistent with the decision criteria listed below in this Article.

b.

The petition shall be forwarded with an unfavorable recommendation if it is found to be inconsistent with the decision criteria listed below in this Article.

c.

The petition may be forwarded with no recommendations if, by a majority vote of the Commission, it is determined that petition includes aspects which the Commission is not able to evaluate.

d.

The petition shall be tabled consistent with the adopted Rules and Procedures of the Planning Commission.

E.

Certification: The Planning Commission shall certify its recommendation by resolution to the Mayor and City Council. The City Planner shall forward to the City Council appropriate copies of the Planning Commission's resolution, the original application and all supportive information, any staff reports regarding the petition, and the Code for the Council's consideration.

F.

Mayor and City Council Hearing: The Mayor and City Council shall hold a public hearing and vote on the proposed rezoning Code with sixty (60) days of its certification by the Planning Commission.

G.

Decision criteria: In reviewing the rezoning petition, the Planning Commission and Mayor and City Council shall consider the following:

1.

The City of College Park's Comprehensive Plan and any other applicable, adopted planning studies or reports;

2.

The current conditions and the character of current structures and uses in each district;

3.

The most desirable use of which the land in each district is adapted;

4.

The conservation of property values throughout the City of College Park; and

5.

Responsible growth and development.

A.

Each district for zoning shall have a subhead there under to be known as "Conditional" for that district.

B.

Whenever any application for a change in the district maps is accompanied or supported by specific plans and design for a particular development and use, and the mayor and council, after action by the planning commission in accordance with this Article, and after public hearing as provided in this Article, and upon submission of all specifications, plans, designs and conditions in a final ordinance form, have approved such specific plans and design, and such particular development and use and also have approved such change in the district maps, then the property may be rezoned for the proper district as set forth in this zoning ordinance for the City of College Park as "conditional" under that district. After such rezoning, city staff shall provide to the applicant a copy of this ordinance, such applicant shall indicate his or her receipt by initialing the same, and city staff will accordingly retain a copy of the initialed document. The following conditions apply to development of the conditionally-rezoned property:

1.

The building inspector shall issue a building permit for the development of the rezoned property only in strict compliance with the plans submitted.

2.

Unless the conditional zoning designation has been extended as provided in subsection (4) and subsection (5) hereinbelow, the conditional zoning designation shall expire twelve (12) months from the date of the conditional rezoning and shall immediately revert to the previous zoning designation.

3.

If such building permit is issued within twelve (12) months of the date of the conditional rezoning, the conditionally-rezoned property shall retain its conditional zoning designation.

4.

However, if such building permit has not been issued within ten (10) months of the date of the conditional rezoning, the applicant may request an extension of the conditional zoning. Additionally, city staff, including but not limited to the City Planner and the building inspector shall, between ten (10) months and one (1) year of the date of the conditional rezoning, prepare a report for mayor and council's consideration as to whether the conditionally-rezoned property shall retain its conditional zoning designation. Such report shall include the original rezoning application and details regarding development on the conditionally-rezoned property, if any.

5.

Upon consideration of the report of city staff, mayor and council shall determine whether the property shall revert to its previous zoning designation or retain its conditional zoning designation for one (1) additional year. Failure of the applicant to timely request an extension of the conditional zoning shall, in no event, result in an extension of more than one (1) year, of the conditional zoning designation. If mayor and council determine that the property shall retain its conditional zoning designation for an additional year and no building permit is obtained within ten (10) months of the date of the extension of the conditional zoning, the applicant may again request an extension of the conditional zoning, and city staff and mayor and council shall again take the actions specified herein and in subsection (4) hereinabove. Until a building permit is obtained, the processes specified herein and in subsection (4) hereinabove will continue.

The failure of city staff and mayor and council to take any actions herein shall, in no event, result in an extension of the conditional zoning.

It shall be unlawful for an owner to use or permit the use of any building or premises or part thereof, hereafter created, changed, converted or enlarged, wholly or partly, until a certificate of occupancy, which shall be a part of the building permit, shall have been issued by the building inspector. Such certificate shall show that such building or premises or part thereof and the proposed use thereof are in conformity with the provisions of this ordinance. It shall be the duty of the building inspector to issue a certificate of occupancy provided that such inspector is satisfied that the building and the proposed use thereof conform with all the requirements of this ordinance. No permit for excavation or construction shall be issued by the building inspector before such inspector is satisfied that the plans, specifications and intended use conform to the provisions of this ordinance.

A.

Temporary Certificate of Occupancy. Under such rules and regulations as may be established by the building inspector, a temporary certificate of occupancy for a part of a building may be issued.

B.

Certificate for Existing Building. Upon written request from the owner, the building inspector shall issue a certificate of occupancy for any building or premises existing at the time of enactment of this ordinance, certifying, after inspection, the extent and kind of use made of the building or premises, and whether such use conforms with the provisions of this ordinance.

C.

Certificate of Occupancy for Nonconforming Uses.

1.

A certificate of occupancy shall be required of all lawful nonconforming uses of land or buildings created by this ordinance.

2.

Application for such certificates of occupancy for nonconforming uses shall be filed with the building inspector by the owner or lessee of the land or building occupied by such nonconforming use within one (1) year of the effective date of this ordinance. Failure to apply for such certificate of occupancy will place upon the owner or lessee the entire burden of proof that such use of land or buildings lawfully existing on the effective date of this ordinance.

3.

It shall be the duty of the building inspector to issue a certificate of occupancy for a lawful nonconforming use upon application.

D.

Availability of Records. A record of all certificates of occupancy shall be kept on file in the office of the building inspector and copies shall be furnished on request to any person having a proprietary or tenancy interest in land or in a building affected by such certificate of occupancy.

A.

In the absence of a certificate of zoning compliance ("certificate"), no representation by any official or employee of the city shall in any way legally bind the city or in any way constitute any determination that the structure(s) and/or use(s) located on or proposed for the subject property comply(ies) with the zoning ordinance of the City of College Park, or any appendix thereto, nor shall any owner of property within the city or his agent, successor or assign, be entitled to rely upon any such representation or claim any vested right to maintain or construct any structure and/or conduct any use located on or proposed for the subject property as a result of any such representation.

B.

To determine in advance whether a structure or use existing or proposed for any property located within the city is or may be used or developed in compliance with this ordinance, the owner of the property or his agent ("owner") may request a certificate from the building inspector. Such request shall be in writing and on the form developed by the city, which form, at a minimum, shall require that the following information be provided regarding the property for which the certificate is being requested:

1.

Identity of the owner of the subject property;

2.

Identity of any agent of the owner of the subject property;

3.

A legal description of the subject property;

4.

A complete description and inventory of all existing structures on the subject property;

5.

A complete description and inventory of all proposed structures to be located on the subject property;

6.

A complete description and inventory of any and all activities presently occurring on the subject property; and

7.

A complete description and inventory of any and all activities proposed to occur on the subject property

C.

The building inspector or his representative shall respond to owner in writing within ten (10) business days of receipt of a request for a certificate.

D.

The issuance of a certificate shall merely constitute confirmation that the structures and/or uses located on or proposed for the subject property have been determined to be in compliance with the zoning ordinance of the city as effective on the date of issuance of the certificate and may be legally conducted thereon as of the date of issuance of the certificate.

E.

Any certificate issued hereunder shall be valid for thirty (30) days and renewable for additional thirty-day periods for up to six (6) total thirty-day periods from the date of the initial issuance of the certificate, provided that renewals shall only be granted by the building inspector or his representative upon a satisfactory showing of evidence by owner that the owner is actively continuing to pursue the establishment on the property of the use described in the certificate. Within the period of validity of a certificate or any renewal, the applicant must make any necessary further application to commence or conduct the uses identified within the application for a certificate or begin construction on any and all structures identified in the application for a certificate. Upon the termination of the certificate or any renewal, any property addressed by the certificate shall be governed by any and all ordinances as may have been enacted or amended by the mayor and council of the city during the period of validity of the certificate and any renewal.

A.

The City Council may issue conditional height zoning permits which increase the limits of a building on a plot in any zoning district, provided:

1.

The property owner or such owner's representative has applied for a conditional height zoning permit and has submitted plans and information to identify the type of development proposed, its maximum proposed height, and details of proposed development which guarantee maintenance of accessibility for firefighting equipment throughout the period of construction and thereafter, including noncombustible stairs and standpipe with water under pressure to every floor.

2.

It has been determined that the proposed development is in harmony with the city's comprehensive development plans, and that the proposed development is of such character as to be an asset to the immediate neighborhood.

3.

The proposed development will not unduly restrict the light and air to surrounding properties or present an undue hazard to aircraft.

4.

The proposed development meets all requirements of the zoning district other than height limit restrictions.

5.

The side yard, front yard, and rear setbacks shall meet the particular district's requirements.