Decatur City Zoning Code
ARTICLE 11
- Administration
11.1.1. - UDO Administrator
A.
Powers and Duties
The UDO Administrator has the following powers and duties with regard to this UDO.
1.
Review
The UDO Administrator is authorized to review all applications required under Article 7. through Article 10. of this UDO.
2.
Final Decision
The UDO Administrator makes final decisions on the following:
a.
Development permits, including Tree Information, Tree Disturbance and Tree Preservation Permits;
b.
Demolition Permits, except as otherwise provided in Sec. 5.2. for designated historic properties.
c.
Percentage of compact car spaces in Sec. 7.2.4.
3.
Interpretation
The UDO Administrator is responsible for interpretation of Article 7. through Article 10. of this UDO.
(Ord. No. O-15-Z-01, § 1.5, 1-20-15)
11.1.2. - Zoning Administrator
A.
Powers and Duties
The Zoning Administrator has the following powers and duties with regard to this UDO.
1.
Review
The Zoning Administrator is authorized to review all applications required under Article 1. through Article 6. of this UDO.
2.
Final Decision
The Zoning Administrator makes final decisions on the following:
a.
Certificate of Zoning Compliance;
b.
Administrative Adjustments;
c.
Side yard and front yard modifications in Sec. 2.1.5.;
d.
Classification of uses in Sec. 6.1., accessory uses in Sec. 6.8., and temporary uses in Sec. 6.9.; and
3.
Interpretation
The Zoning Administrator is responsible for interpretation of Article 1. through Article 6. and Article 11. through Article 12. of this UDO.
(Ord. No. O-15-Z-01, § 1.6, 1-20-15)
11.1.3. - Zoning Board of Appeals
A.
Constitution and Membership
1.
A Zoning Board of Appeals is hereby established. The word "Board," when used in this Sec. 11.1.3., shall be construed to mean the Zoning Board of Appeals of the City, Georgia. The Board shall consist of not more than 5 members nor less than 3 members. All members shall be citizens of the City and no member shall be a member of the City Commission or an employee of the City.
2.
The term of office of each member shall be 3 years except that of the 3 members first appointed, one shall be appointed for a term of 1 year, one for a term of 2 years, and one for a term of 3 years. Thereafter, as each term expires, the appointment shall be for 3 years except that a vacancy occurring in an unexpired term shall be filled by appointment for the unexpired portion of that term. The City Commission shall have the power to remove any member of the Board upon written charges and after public hearing.
3.
The Board shall elect a chairperson and a vice chairperson, appoint a secretary, and adopt, subject to approval of the City Commission, rules governing the conduct of its affairs. Copies of the rules shall be made available to the public. The Zoning Administrator shall be in attendance at all meetings as an advisor.
B.
Meetings, Procedure and Records
1.
Meetings of the Board shall be held at such times as the Board may determine or upon call of the chairperson. Such chairperson or, in the chairperson's absence, the vice-chairperson, may administer oaths and compel the attendance of witnesses. All meetings of the Board shall be open to the public.
2.
The Board shall keep minutes of its proceedings, showing the vote of each member upon each question, or if absent or failing to vote, indicating such facts, and shall keep records of its examinations and other official actions, all of which shall be immediately filed in the office of the Board and shall be a public record.
3.
The Rules of Procedure for the Zoning Board of Appeals adopted by the Zoning Board of Appeals on February 13, 2023 (as amended on March 13, 2023) and approved by the City Commission on March 20, 2023, are hereby adopted by reference and incorporated in this article as if fully set forth herein.
C.
Powers and Duties
The Board in appropriate cases and subject to appropriate criteria, conditions and safeguards set forth in this Article shall have the following powers and duties:
1.
Appeals from administrative decisions;
2.
Variances; and
3.
Such other powers and duties set forth in this UDO.
(Ord. No. O-15-Z-01, § 1.7, 1-20-15; Ord. No. O-22-Z-08, § 2, 10-17-22; Ord. No. O-23-Z-07, § 1, 6-20-23)
11.1.4. - Planning Commission
A.
Established; Authority
The City Planning Commission, hereinafter referred to in this article as the "Planning Commission," is hereby created and established.
B.
Composition, Appointment and Term of Members
The Planning Commission shall consist of 7 members, who shall be residents of the City, appointed by the City Commission. The terms of the members shall be 3 years, and until their successors are appointed and qualify; except that all members serving at the time of the adoption of the ordinance from which this section derives shall complete the term for which they were appointed and their successors shall be appointed for 3-year terms. All members shall be citizens of the City and no member shall be a member of the City Commission or an employee of the City.
C.
Filling Vacancies; Removal of Members
Any vacancy in membership in the Planning Commission shall be filled for the unexpired term by the City Commission who shall also have the authority to remove any member for cause, on written charges, after a public hearing.
D.
Organization; Rules of Procedure; Meetings; Records
The Planning Commission shall elect its chairperson and a vice-chairperson from among its members. The term of the chairperson shall be 1 year with eligibility for reelection. The Planning Commission shall appoint a secretary, who may be an officer or employee of the municipality. The Planning Commission shall make its own rules of procedure and determine its time of meeting; provided, that such Commission shall meet at least once per month. All meetings of the Planning Commission at which official action is taken shall be open to the public and all records of the Planning Commission shall be public records.
The Rules of Procedure of the Planning Commission adopted December 13, 2022, are hereby adopted by reference and incorporated in this article as if fully set forth herein.
E.
Employees and Staff, Contracting and Expenditures
The Planning Commission may appoint such employees and staff as it may deem necessary for its work and may contract with the state Planning Commission, City planners and other consultants for such services as it may require. The expenditures of the Planning Commission, exclusive of gifts, shall be within the amounts appropriated for the purpose by the City Commission.
F.
Powers and Duties
The Planning Commission shall have those powers and duties set forth in this UDO.
(Ord. No. O-15-Z-01, § 1.8, 1-20-15; Ord. No. O-22-Z-08, § 2, 10-17-22; Ord. No. O-23-Z-07, § 2, 6-20-23)
11.1.5. - City Commission
A.
Powers and Duties
The City Commission has the following powers and duties with regard to this UDO.
1.
Final Decision
The City Commission makes final decisions on the following:
a.
Comprehensive Plan amendments;
b.
UDO text or map amendments, including historic designations;
c.
Conditional use permits;
d.
Special exceptions; and
e.
Such other powers and duties set out in this UDO.
B.
Appeals
In connection with an appeal of a final decision by the City Commission under this article to the Superior Court of DeKalb County:
1.
The city clerk shall have authority, without additional action by the City Commission, to approve or issue any form or certificate required by Chapter 3 of Article 5 of the Official Code of Georgia;
2.
Service of a petition for review pursuant to Chapter 3 of Article 5 of the Official Code of Georgia may be made upon the mayor or the mayor's designee during normal business hours at city hall.
(Ord. No. O-23-Z-07, § 3, 6-20-23)
11.1.6. - Decatur Greenspace Commission
A.
Findings of Fact and Determinations
The greenspace, riparian buffers and natural environment of the City are among the City's most valued and important assets, and the preservation of this environment is essential to the promotion of the health, prosperity and general welfare of the City's residents and visitors.
B.
Purpose and Intent of Article
The City Commission hereby declares it to be the purpose and intent of this article to establish a uniform procedure for the protection, enhancement, perpetuation and use of places and landscape features having a special cultural or aesthetic interest or value in order to:
1.
Enhance aesthetic attractions and recreational opportunities to residents, tourists, and others and thereby promote and stimulate business; and
2.
Protect the water and air quality of the community and the region benefiting the health of residents.
C.
Creation; Title
There is hereby created a Commission whose title shall be "Decatur Greenspace Commission," known in this article as the Greenspace Commission.
D.
Position within the City
The Greenspace Commission shall be part of the planning functions of the City.
E.
Membership; Number; Terms; Compensation
1.
The Greenspace Commission shall consist of 7 members appointed by the City Commission. All members shall be residents of the City and shall be persons who have demonstrated special interest, experience or education in the environment, landscape architecture, urban planning and related disciplines.
2.
To the extent available in the City, at least 3 members shall be appointed from among professionals in the disciplines of environment, landscape architecture, urban planning and related disciplines.
3.
Members shall serve 3-year terms. Members may not serve more than 2 consecutive 3-year terms except for initial appointments whose first terms are less than a full 3-year term. In order to achieve staggered terms, initial appointments shall be: 2 members for 1 year; 2 members for 2 years; and 3 members for 3 years. Members shall not receive a salary, although they may be reimbursed for expenses.
F.
Powers
The Greenspace Commission shall be authorized to:
1.
Prepare and maintain an inventory of all greenspace within the City.
2.
Recommend to the City Commission specific places to be designated by ordinance as greenspace.
3.
Recommend to the City Commission that the designation of any place or district as a greenspace be revoked or removed.
4.
Advise the City on the acquisition of interests in any greenspace.
5.
Promote the acquisition by the City of easements and conservation easements in accordance with the provisions of the O.C.G.A. § 44-10-1 et seq.
6.
Conduct educational programs on greenspace located within the City.
7.
Make such investigations and studies of matters relating to greenspace, including consultation with greenspace experts, as the City Commission or the Greenspace Commission itself may, from time to time, deem necessary or appropriate for the purposes of preserving greenspace.
8.
Seek out local, state, federal and private funds for greenspace acquisition and maintenance, and make recommendations to the City Commission concerning the most appropriate uses of any funds acquired.
9.
Assist the City Commission in complying with requirements imposed by the Georgia Greenspace Program of the Georgia Department of Natural Resources including submitting lists of designated greenspace properties.
10.
Perform greenspace activities as the official agency of the City greenspace program.
11.
Where such action is authorized by a specific resolution adopted by the City Commission and is reasonably necessary or appropriate for the preservation of a unique greenspace, negotiate with the owner of such greenspace for the acquisition by the City by gift, purchase, exchange, or otherwise of the property or any interest therein.
12.
Participate in private, state and federal greenspace programs and with the consent of the City Commission enter into agreements to do the same.
G.
Limitation on Powers
The Greenspace Commission shall not have the power to obligate the City in any way without prior consent of the City Commission.
H.
Adoption of Rules and Standards; Meetings; Officers; Quorum
The Greenspace Commission shall adopt rules and standards for the transaction of its business and for consideration of applications for designations of greenspace, such as bylaws and criteria. The Greenspace Commission shall have the flexibility to adopt rules and standards without amendment to this article. The Greenspace Commission shall provide for the time and place of regular meetings and a method for the calling of special meetings. The Greenspace Commission shall select such officers, as it deems appropriate from among its members. A quorum shall consist of a majority of the members.
I.
Conflicts of Interest
At any time the Greenspace Commission reviews a matter in which a member of the Greenspace Commission has an ownership or other vested interest, that member shall not present, vote or discuss the matter, other than to answer a direct question addressed to the member.
J.
Records of Meetings
A public record shall be kept of the Greenspace Commission's resolutions, proceedings and actions.
11.1.7. - Downtown Development Authority and Citywide Development Authority
A.
Title
The Downtown Development Authority of the City of Decatur and the Development Authority of the City of Decatur, which were created in accordance with state law O.C.G.A. § 36-42-1 and O.C.G.A. § 36-62-1 and which share the same Board, are hereafter referred to as the Development Board.
B.
Position within the City
The Development Board shall be part of the community and economic development functions of the City.
C.
Powers
In addition to all powers of the Development Board granted by law, the Development Board shall have the following specific powers with regard to this UDO:
1.
The Development Board shall serve as the Decatur Commercial Design Review Board to encourage quality redevelopment of Decatur's commercial districts in support of the Town Center and Strategic Plan and applicable commercial district master plans.
2.
The Development Board may review projects located within the boundaries of the Special Pedestrian Area and C1, C2 and C3 zoned properties to comment on such projects' compliance with the long-range vision of the City.
3.
The Development Board shall also have the authority to review and comment on compliance with the applicable design standards in the zoning ordinance related to commercial properties under its review.
4.
The Development Board serves as advocate and advisor to the City Commission and City staff for quality growth and development in the City.
D.
Limitation on Powers
The Development Board shall not have the power to obligate the City in any way without prior consent of the City Commission.
11.2.1. - Summary of Review Authority
The following table summarizes the review and approval authority of the various reviews bodies that implement and administer the UDO.
KEY: R = Review & Recommendation D = Final Decision A = Appeal PH = Public Hearing
(1) The Downtown Development Authority and Citywide Development Authority provide review when they have jurisdiction over the application.
(2) The Historic Preservation Commission provides review when it has jurisdiction over the application.
11.2.2. - Amendments
A.
Initiation of Amendments
1.
Amendments to the zoning map or to the Comprehensive Land Use Plan may be initiated by the City Commission, the Planning Commission or by application by the owner of the property which is the subject of the proposed amendment or the owner's authorized agent, such authorization to be notarized and attached to the application.
2.
Amendments to the text of the UDO may be initiated by the City Commission, the Planning Commission or by application by any citizen of the City.
3.
When amendments are initiated by the City Commission or the Planning Commission, the required fee shall be waived.
B.
Order of Amendments
The permitted order in which amendments may be made to the text of the zoning ordinance, the Comprehensive Land Use Plan and the zoning map is as follows:
1.
The text of the UDO may be amended without prior or subsequent amendment to Comprehensive Land Use Plan or the zoning map.
2.
The zoning map may be amended without an amendment to the Comprehensive Land Use Plan if the proposed amendment would permit a use that is permitted by the Comprehensive Land Use Plan.
3.
If a proposed amendment to the zoning map would permit a use that is not authorized within the land use category of the subject property as shown on the Comprehensive Land Use Plan, then the applicant must obtain an appropriate amendment to the Comprehensive Land Use Plan before applying for the rezoning, or the applicant may apply for an appropriate amendment to the Comprehensive Land Use Plan and at the same time apply for a zoning map amendment.
4.
The Comprehensive Land Use Plan may be amended regardless of the zoning district in which the subject property is located.
5.
Where an application to amend the Comprehensive Land Use Plan and an application to amend the zoning map each affect the same property and are scheduled to be heard at the same hearing, the application to amend the Comprehensive Land Use Plan shall be heard first and action authorized by this UDO taken before the application to amend the zoning map is heard and action taken with respect thereto.
C.
Applications
Applications to amend this UDO shall be filed with the Zoning Administrator at least 30 days prior to the date on which it is to be heard by the Planning Commission. Applications shall be submitted on forms available from the Zoning Administrator. Such applications shall include all materials and documents required by the Zoning Administrator and shall be in compliance with the following:
1.
Text amendment applications shall include the following:
a.
Name and address of applicant.
b.
Current provisions of the text to be affected by the proposed amendment.
c.
Proposed wording of the text amendment.
d.
Statement of reasons for the proposed text amendment.
2.
Zoning map amendment applications shall include the following:
a.
The names and addresses of the owners of the property subject to the zoning map amendment and their agents, if any, authorized to apply for the amendment.
b.
The present and proposed zoning classifications for the subject property.
c.
The present and proposed uses for the property.
d.
A plat of the subject property containing the following information:
i.
All property lines with dimensions.
ii.
Locations of buildings or other structures, floodplains, drainageways, and easements.
iii.
Proposed street right-of-way lines.
iv.
Comprehensive site development plan if application is for commercial, industrial, high-density single-family residential, multiple-family residential or institutional use.
v.
North arrow, scale, land lot, block and lot numbers.
e.
A written answer and explanation for each of the following standards:
i.
Does the zoning proposal permit a use that is suitable in view of the use and development of adjacent and nearby property?
ii.
Does the zoning proposal adversely affect the existing use or usability of adjacent or nearby property?
iii.
Does the property to be affected by the zoning proposal have a reasonable economic use as currently zoned?
iv.
Does the zoning proposal result in a use which will or could cause an excessive or burdensome use of existing streets, transportation facilities, utilities or schools?
v.
Does the zoning proposal conform with the policy and intent of the Comprehensive Land Use Plan?
vi.
Are there other existing or changing conditions affecting the use and development of the property which, because of their impact on the public health, safety, morality and general welfare of the community, give supporting grounds for either approval or disapproval of the zoning proposal?
3.
Comprehensive Land Use Plan amendment applications shall Include the following:
a.
A map identifying the geographic area of the City that is to have a revised land use under the applicant's proposal.
b.
All permitted land uses for the subject area under the existing Comprehensive Land Use Plan.
c.
All changes to existing land use designations that are proposed by the application.
d.
All land uses immediately adjacent to the subject area under the existing Comprehensive Land Use Plan.
e.
All reasons for the proposed amendment.
f.
Names and addresses of the owners of land affected by the proposed amendment and their agents, if any, authorized to apply for an amendment.
g.
A written answer and explanation for each of the following standards:
i.
Does the proposed amendment permit uses that are suitable in view of the use and development of adjacent and nearby property?
ii.
Does the proposed amendment adversely affect the existing use or usability of adjacent or nearby property?
iii.
Will the proposed amendment result in uses which will or could cause an excessive or burdensome use of existing streets, transportation facilities, utilities or schools?
iv.
Are there other existing or changing conditions affecting the use and development of the property which, because of their impact on the public health, safety, morality and general welfare of the community, give supporting grounds for either approval or disapproval of the proposed amendment?
4.
Fees
Each application for an amendment to the zoning map, to the Comprehensive Land Use Plan, or to the text of the UDO shall be accompanied by a fee as set forth in the schedule of fees and charges. Under no condition shall said fees or any part thereof be refunded for failure of proposed amendments to Plan, map or text to be enacted into law.
5.
Restrictions on Applications
An application for an amendment to the zoning map affecting the same property shall not be accepted more than once every 12 months, said interval to begin with the date of a final decision by the City Commission. This 12-month interval shall not apply to applications for amendment to the zoning map affecting the same property that are initiated by the City Commission or the Planning Commission and denied by the City Commission; in such cases, the same property may not again be considered for a zoning map amendment until the expiration of 6 months following the denial of the zoning map amendment.
6.
Developments of Regional Impact
An application for amendment or any other development request that meets the threshold requirements for a development of regional impact under state law standards for such projects, as amended, shall meet all Atlanta Regional Commission and Georgia Regional Transportation Authority review and procedural requirements of said state agencies that exist at the time of application.
D.
Public Hearings and Notice
Public hearings shall be held regarding proposed amendments to the text of those portions of the UDO that constitute a zoning decision within the meaning of the Zoning Procedures Law, as amended (see UDO Sec. 1.1.4.), which zoning decisions are also referred to herein as zoning ordinance amendments, the Comprehensive Land Use Plan or the zoning map, as follows:
a.
Prior to decision by the City Commission which results in the adoption or denial of a zoning ordinance amendment, a Comprehensive Land Use Plan, or a zoning map, the adoption or denial of an amendment to the UDO which changes the text of the zoning ordinance, the adoption or denial of an amendment to the Comprehensive Land Use Plan, or the adoption or denial of an amendment to the zoning map which rezones property from one zoning classification to another, the Planning Commission and the City Commission shall hold public hearings on the proposed action.
b.
At least 30 but not more than 45 days prior to each date of the public hearings by the Planning Commission and the City Commission, a notice of the public hearings shall be published in a newspaper of general circulation within the territorial boundaries of the City. The notice shall state the time, place and purpose of the public hearings. If the zoning decision to be considered is for an amendment to the Comprehensive Land Use Plan or the rezoning of property and such amendment is initiated by a party other than the City, the notice shall also include the location of the property, the present land use category or zoning classification of the property and the proposed land use category or zoning classification of the property.
c.
If the zoning decision to be considered is for an amendment to the Comprehensive Land Use Plan or the rezoning of property and such amendment or rezoning is initiated by a party other than the City, a sign giving notice of the public hearings shall be placed in a conspicuous location on the property at least 15 days prior to the date of the public hearing by the Planning Commission and City Commission. The sign shall state the time, place and purpose of the public hearings and shall include the present land use category or zoning classification of the property and the proposed land use category or zoning classification of the property. In addition, the Zoning Administrator shall post signs on or within 300 feet as measured along the street right-of-way line of properties affected by such amendments or rezonings, provided that for multiple amendments or rezonings, such additional posting shall not be required.
d.
If the zoning decision is for property annexed into the City, then the additional procedural requirements of Section 36-66-4(d) of the Zoning Procedures Law, as amended, shall apply. See Sec. 1.3.3.
e.
If the zoning decision relates to or will allow the location or relocation of a halfway house, drug rehabilitation center, or other facility for treatment of drug dependency, then the additional procedural requirements of section 36-66-4(f) of The Zoning Procedures Law, as amended, shall apply.
f.
If the zoning decision relates to an amendment of this article to revise one or more zoning classifications or definitions relating to single-family residential uses of property so as to authorize multifamily uses of property pursuant to such classification or definitions, or to grant blanket permission, under certain or all circumstances, for all property owners to deviate from the existing zoning requirements of a single-family residential zoning, or if the zoning decision provides for the abolition of all single-family residential zoning classifications within the territorial boundaries of the City, or if the zoning decision results in the rezoning of all property zoned for single-family residential uses within the territorial boundaries of the City to multifamily residential uses of property, but excepting from the foregoing zoning decisions for the rezoning of property from a single-family residential use of property to a multifamily residential use of property when the rezoning is initiated by the owner or authorized agent of such property, then the additional procedural requirements of section 36-66-4(h) of the Zoning Procedures Law, as amended, shall apply.
E.
Rules of Policy and Procedure
1.
Public hearings held pursuant to Sec. 11.2.2.C. by the Planning Commission and the City Commission shall afford the applicant or the applicant's designee an opportunity to explain the zoning proposal and interested residents and property owners an opportunity to state their support or opposition to the proposal.
2.
Proponents of a zoning proposal under consideration shall be provided a period of time of not less than ten minutes for presentation of data, evidence, and opinion. Opponents of a zoning proposal under consideration shall have an equal period of time of not less than ten minutes for presentation.
3.
Prior to speaking, each speaker shall identify themselves and state the speaker's current address. Each speaker shall limit remarks to data, evidence and opinions relevant to the zoning proposal under consideration. Speakers shall address all remarks to the Chair.
4.
Following the presentations, the Chair shall close the public hearing with respect to the zoning proposal under consideration and the Commission shall proceed with appropriate action.
5.
Printed copies of these rules of policy and procedure shall be available for distribution to the general public.
F.
Standards and Factors
1.
In reviewing applications for proposed zoning map amendments or zoning ordinance text amendments, the following standards and factors shall be considered by the Planning Commission and the City Commission:
a.
Whether the zoning proposal permits a use that is suitable in view of the use and development of adjacent and nearby property.
b.
Whether the zoning proposal adversely affects the existing use or usability of adjacent or nearby property.
c.
Whether the property to be affected by the zoning proposal has a reasonable economic use as currently zoned.
d.
Whether the zoning proposal would result in a use which will or could cause an excessive or burdensome use of existing streets, transportation facilities, utilities or schools.
e.
Whether the zoning proposal conforms with the policy and intent of the Comprehensive Land Use Plan.
f.
Whether there are other existing or changing conditions affecting the use and development of the property which, because of their impact on the public health, safety, morality and general welfare of the community, give supporting grounds for either approval or disapproval of the zoning proposal.
2.
In reviewing applications for proposed comprehensive land use plan amendments, the following standards and factors shall be considered by the Planning Commission and the City Commission:
a.
Whether the proposed amendment permit uses that are suitable in view of the use and development of adjacent and nearby property.
b.
Whether the proposed amendment adversely affects the existing use or usability of adjacent or nearby property.
c.
Whether the proposed amendment results in uses which will or could cause an excessive or burdensome use of existing streets, transportation facilities, utilities or schools.
d.
Whether there [are] other existing or changing conditions affecting the use and development of the property which, because of their impact on the public health, safety, morality and general welfare of the community, give supporting grounds for either approval or disapproval of the proposed amendment.
3.
The standards and factors set forth in Sec. 11.2.2.E.1. and Sec. 11.2.2.E.2. above shall be printed and copies thereof shall be available for distribution to the general public.
G.
Review of Applications
1.
The Zoning Administrator will review all applications for amendments to the zoning map, Comprehensive Land Use Plan, UDO text, and conditional use permits (see Sec. 11.2.3.) for compliance with the criteria applicable to said applications as well as compliance with other applicable City regulations. Staff recommendations may be prepared and presented to the Planning Commission and City Commission prior to their respective action on such applications.
2.
The Development Board may review and comment on applications for amendments to the zoning map, Comprehensive Land Use Plan, UDO text, and conditional use permits (see Sec. 11.2.3.),and also will have review and comment authority regarding other projects requiring a building permit, for projects located in the City's commercial districts. As a part of the Zoning Administrator's review of such applications, the Zoning Administrator shall provide an electronic copy of site plans, elevations and a written description of the project to the executive director of the Development Board no less than one week prior to the Board meeting next following the application date for such amendments or permits. The written description of the project shall address how the project responds to design requirements of the specific commercial district, how the project responds to the downtown special pedestrian district guidelines if applicable and how the project responds to the Decatur Town Center Plan, Strategic Plan or specific master plans applicable to the commercial district. At the discretion of the Zoning Administrator, a project description meeting these requirements may be made a part of the application requirements for these projects. In cases involving development projects in the C-2 Downtown Commercial district that adjoin R-60 residential zoning districts and requiring authorization by the Board to issue permits, application must be provided no less than two weeks prior to the Board meeting and will require that the property is properly posted.
H.
Action by Planning Commission
1.
Following the public hearing, the Planning Commission shall make a recommendation on each zoning proposal reviewed and submit its report to the City Commission prior to the date of the public hearing on such zoning proposal by the City Commission. If the Planning Commission fails to submit a report within said period, it shall be deemed to have made no recommendation regarding the proposed change.
2.
Applicants may submit to the Zoning Administrator any conditions, alterations, changes, or amendments to an application for approval of an amendment to the zoning map, the Comprehensive Land Use Plan or to the zoning ordinance text up to 7 days prior to the date at which the application is to be considered by the Planning Commission. If such conditions, alterations, changes or amendments have not been submitted as required by this subsection, the Planning Commission may, at its discretion, defer action on the application until its next regular Meeting.
I.
Action by the City Commission
Following the public hearing, the City Commission, after receiving the recommendation of the Planning Commission, shall take appropriate action on the application at a regularly scheduled meeting of the Commission.
J.
Conditions
1.
In approving an amendment to the zoning map, the Planning Commission may recommend and the City Commission may impose conditions which it deems necessary in order to mitigate impacts which may be expected without the imposition of those conditions. Such conditions may consist of a variety of requirements, including, but not limited to, setbacks from any lot line; specified or prohibited locations for buildings, parking, loading or storage areas or other land uses; restrictions in the location of driveways and curb cuts; restrictions regarding what land uses or other activities may be permitted; maximum building heights and other dimensions; landscaping requirements which may include location, type and maintenance of plant materials, fences, walls, earth berms or other buffer provisions; screening or other protective measures; preservation of existing trees and other vegetation; special measures to alleviate undesirable views, light, glare, noise, dust or odor; permitted hours of operation; architectural style; a requirement that the existing building(s) be retained; a requirement that development take place according to a site plan; a limitation on exterior modifications to existing buildings; public facility improvements by the owner; a time limit within which the property must either be used as rezoned or revert to the prior or other appropriate zoning status; or any other requirement deemed appropriate and necessary as a condition of rezoning.
2.
Requirements imposed as a condition to rezoning shall be required of the property owner and all subsequent owners as a condition of the use of the property as rezoned.
3.
Requirements imposed as a condition to rezoning shall be interpreted and continuously enforced by the Zoning Administrator in the same manner as any other provision of the zoning ordinance.
4.
A conditional zoning shall be noted on the zoning map by adding the suffix "C" to the zoning district designation for the property so zoned.
K.
Periodic Review of the Comprehensive Land Use Plan
The Comprehensive Land Use Plan shall be reviewed periodically, and shall be reviewed annually by the Planning Commission, which shall recommend to the City Commission such changes as may be necessary or appropriate.
(Ord. No. O-22-Z-08, § 2, 10-17-22; Ord. No. O-23-Z-07, § 4, 6-20-23)
11.2.3. - Conditional Use Permits
A.
Applicability
1.
Conditional uses within each zoning district are uses that may be appropriate in a particular zoning district, but because of the increased potential for incompatibility with adjacent uses, require individual review by the City Commission.
2.
A conditional use permit is required for all conditional uses set forth in this UDO.
B.
Pre-Application Conference
Before submitting an application for a conditional use permit, an applicant shall schedule a pre-application conference with the Zoning Administrator to discuss the procedures, standards and regulations required for approval. This requirement may be waived at the discretion of the Zoning Administrator.
C.
Applications
Applications for conditional use permits shall be filed with the Zoning Administrator at least 30 days prior to the date on which it is to be heard by the Planning Commission. Applications shall be submitted on forms available from the Zoning Administrator. Said applications shall include all materials and documents required by the Zoning Administrator.
D.
Fees
Each application for conditional use permit shall be accompanied by a fee as set forth in the schedule of fees and charges. Under no condition shall said fees or any part thereof be refunded for failure of proposed conditional use permit to be enacted into law
E.
Public Hearings and Notice
Public hearings and notice thereof shall be held regarding each proposed conditional use permit by the Planning Commission and City Commission in accordance with the requirements of Sec. 11.2.2.D.
F.
Rules of Policy and Procedure
Public hearings held pursuant to this Section 11.2.3 shall follow the rules of policy and procedure set forth in Sec. 11.2.2.E.
G.
Review Standards
In reviewing applications for a proposed conditional use permit, the following standards and factors shall be considered by the Planning Commission and the City Commission:
1.
Whether the proposed use is suitable in view of the use and development of adjacent and nearby property.
2.
Whether the proposed use is consistent with the requirements of the zoning district in which the use is proposed to be located.
3.
Whether the proposed use adversely affects the existing use or usability of adjacent or nearby property.
4.
Whether the proposed use results in a use which will or could cause an excessive or burdensome use of existing streets, transportation facilities, utilities or other public facilities.
5.
Whether there is adequate ingress and egress to the subject property, including evaluation of the traffic impact of the proposed use relative to street capacity and safety of public streets and nearby pedestrian uses.
6.
Whether there are other existing or changing conditions which, because of their impact on the public health, safety, morality and general welfare of the community, give supporting grounds for either approval or disapproval of the proposed use.
H.
Approval Process
1.
Zoning Administrator Action
The Zoning Administrator shall review the application for a conditional use permit in light of the requirements and standards of this Section and applicable requirements of Article 6. Staff recommendations may be prepared and presented to the Planning Commission and the City Commission prior to their respective action on such applications.
2.
Planning Commission Recommendation
a.
Following the public hearing, the Planning Commission shall make a recommendation on each proposed conditional use permit reviewed and submit its report to the City Commission prior to the date of the public hearing on such conditional use permit by the City Commission. If the Planning Commission fails to submit a report within said period, it shall be deemed to have made no recommendation regarding the proposed permit.
b.
Applicants may submit to the Zoning Administrator any conditions, alterations, changes, or amendments to an application for approval of a conditional use permit up to 7 days prior to the date at which the application is to be considered by the Planning Commission. If such conditions, alterations, changes or amendments have not been submitted as required by this subsection, the Planning Commission may, at its discretion, defer action on the application until its next regular meeting.
3.
City Commission Action
a.
Following the public hearing, the City Commission, after receiving the recommendation of the Planning Commission, shall take appropriate action on the application at a regularly scheduled meeting of the Commission.
b.
The decision of the City Commission on each application for conditional use permit shall be based on a discretionary determination as to whether or not the applicant has met the criteria contained in Sec. 11.2.3.G., the use standards contained in Article 6., the consistency of the application with the comprehensive plan, the requirements of the zoning district in which such use is proposed to be located, and any additional conditions deemed necessary to ensure the compatibility of the conditional use with the surrounding properties.
I.
Conditions
1.
The proposed conditional use may be approved subject to such conditions as may be imposed in order to mitigate impacts on nearby properties which may be expected without the imposition of conditions.
2.
Requirements imposed as a condition shall be required of the property owner and all subsequent owners.
3.
Requirements imposed as a condition shall be interpreted and continuously enforced by the Zoning Administrator in the same manner as any other provision of the UDO.
J.
Revisions to an Approved Conditional Use Permit
Once approved, no major amendments to a conditional use permit shall be authorized unless such amendments have been applied for and approved in accordance with all procedural requirements of Sec. 11.2.3. Major amendments are those that impact adjoining or nearby property in an any manner other than incidentally, and shall include but not be limited to the following:
1.
Changes to another use;
2.
Increase in density or intensity;
3.
Enlarging, expanding or increasing the size or intensity of the approved use;
4.
Increase in the requirements for off-street parking spaces;
5.
Substantial change to the exterior appearance of buildings that is visible from any public right-of-way; or
6.
The addition of outdoor equipment and machinery.
(Ord. No. O-23-Z-07, § 5, 6-20-23)
11.2.4. - Special Exceptions
A.
Authority
The City Commission shall have the authority to authorize upon application in specific cases the following special exceptions to the terms of this UDO, provided that such exceptions shall impose appropriate conditions and safeguards, including a specified period of time for the exception to be permitted as will protect the Decatur Land Use Plan and conserve and protect property and property values in the neighborhood:
1.
The extension of a district for a distance of not more than 50 feet where the boundary line of a district divides a lot or tract held in single ownership at the time of the passage of this UDO or to divide a lot of excessive depth extending into a district different from that in which the lot frontage is located.
2.
The interpretation of the provisions of this UDO where the street layout actually on the ground varies from the street layout as shown on the zoning district map made a part of this UDO.
3.
The reconstruction of a nonconforming building which has been destroyed, or partially destroyed, by explosion, fire, act of God or the public enemy, where the Board shall find some compelling public necessity requiring a continuance of the nonconforming use.
4.
The erection and use of a building, or the use of premises, in any location for a public service corporation for public utility purposes which the Board deems reasonably necessary.
5.
For properties located in R-85 R-60 and R-50 Districts only, employment of no more than 1 person not a resident of the premises for a period not to exceed 10 hours per week. The Board shall consider evidence of the need or hardship justifying the exception, the adequacy of off-street parking, the amount of customer contact, and the suitability and effect of the proposed exception in view of the use and development of adjacent and nearby properties.
6.
Exceptions to the minimum lot area and minimum off-street parking requirements for downtown multiple dwellings subject to such conditions as may be imposed in order to mitigate the impacts which may be expected without the imposition of conditions.
7.
Any other special exceptions specifically identified in this UDO.
B.
Application
1.
An application for a special exception shall be filed with the office of the Zoning Administrator at least 30 days prior to the meeting of the City Commission at which it is to be heard. Each application shall be accompanied by a plat drawn to scale containing the following information in addition to any other pertinent information required by the UDO Administrator:
a.
All property lines with dimensions.
b.
Location of buildings and other structures, creeks and easements referenced to property lines.
c.
North arrow, scale, lot and block numbers and land lot.
d.
Topographic and drainage information if pertinent.
2.
Each application for special exception shall be made in 2 copies and shall specify the conditions and the extent of the special exception sought as well as a statement demonstrating compliance with the required criteria for special exception set forth below.
C.
Fee
Each application for a special exception shall be accompanied by a fee as set forth in the schedule of fees and charges to partially cover the cost of advertising, field investigation and other expenses involved in processing the application.
D.
Resubmittal
When action is unfavorable on an application for special exception or where the applicant withdraws the application prior to final action by the City Commission, a substantially similar application may not be resubmitted for at least 1 year from the date of denial or withdrawal. This requirement may be waived for good cause by the Zoning Administrator.
E.
Criteria for Approving a Special Exception
The following standards shall be considered in determining whether a special exception shall be approved:
1.
The suitability of the proposed exception in view of the use and development of adjacent and nearby properties.
2.
The impact that the proposed exception will have on the existing use or usability of adjacent or nearby properties.
3.
The impact that the proposed exception will have on the public safety, traffic on the public streets, transportation facilities, utilities and other public services.
4.
The impact that the proposed exception will have on established property values and on the health, safety, comfort and general welfare of the residents of the City.
5.
Any additional criteria set forth in the section authorizing the special exception.
F.
Approval Process
1.
Zoning Administrator Action
The Zoning Administrator shall review the application for a special exception in light of the findings of this Section and applicable requirements of this UDO and advise the applicant.
2.
Notice and Hearing
Notice and hearing requirements shall be the same as those set forth for variances in Sec. 11.2.9.E.
3.
Rules of Policy and Procedure
Hearing procedures for Special Exception review shall be in accordance with Sec. 11.2.9.E.
4.
Planning Commission Recommendation
a.
Following the public hearing, the Planning Commission shall make a recommendation on each proposed special exception reviewed and submit its report to the City Commission prior to the date of the public hearing on such special by the City Commission. If the Planning Commission fails to submit a report within said period, it shall be deemed to have made no recommendation regarding the special exception.
b.
Applicants may submit to the Zoning Administrator any conditions, alterations, changes, or amendments to an application for approval of the special exception up to days prior to the date at which the application is to be considered by the Planning Commission. If such conditions, alterations, changes or amendments have not been submitted as required by this subsection, the Planning Commission may, at its discretion, defer action on the application until its next regular meeting.
5.
City Commission Action
a.
Following the public hearing, the City Commission, after receiving the recommendation of the Planning Commission, shall take appropriate action on the application at a regularly scheduled meeting of the Commission.
b.
The decision of the City Commission on each application for special exception shall be based on whether or not the applicant has met the criteria contained in Sec. 11.2.4.E., the standards contained in the UDO, the requirements of the zoning district in which such use is proposed to be located, and any additional conditions deemed necessary to ensure the compatibility of the surrounding properties.
6.
Conditions to Approval
a.
In approving an application, the City Commission may impose special conditions which it deems necessary in order to mitigate negative impacts upon surrounding properties which may be expected without the imposition of those conditions. Such conditions may consist of a variety of requirements, including, but not limited to:
i.
Setbacks from any lot line if such setback is a proper part of the application under review;
ii.
Specified or prohibited locations for buildings, parking, loading or storage areas or other structures;
iii.
Restrictions in the location of driveways and curb cuts;
iv.
Maximum building heights and other dimensions;
v.
Landscaping requirements which may include location, type and maintenance of plant materials, fences, walls, earth berms or other buffer provisions; screening or other protective measures;
vi.
Preservation of existing trees and other vegetation;
vii.
Special measures to alleviate undesirable views, light, glare, noise, dust or odor;
viii.
Permitted hours of operation;
ix.
Requiring that an existing building be retained;
x.
Requiring that development take place according to a site plan, development plan and/or building plan;
xi.
Limitation on exterior modifications to existing buildings;
xii.
Public facility improvements by the owner;
xiii.
A time limit within which the property must either be used as allowed by the variance, special exception or other appeal; or
xiv.
Any other requirement deemed appropriate and necessary as a condition of approval.
b.
Requirements imposed as a condition of approval shall be required of the property owner and all subsequent owners as a condition of the use of the property and interpreted and continuously enforced by the UDO Administrator.
(Ord. No. O-15-Z-01, § 1.9, 1-20-15; Ord. No. O-23-Z-07, § 6, 6-20-23)
11.2.5. - Subdivision Review
A.
Procedures for All Plats
1.
Preapplication Conference
a.
Prior to the preparation of any subdivision plat, the subdivider shall confer with the Zoning Administrator who shall review the sketch plan of the proposed subdivision to determine whether such subdivision meets the requirements of this UDO. This step does not require formal application or filing of the plat.
b.
After conferring with the Zoning Administrator, the subdivider may then proceed to prepare the preliminary plat for submission. Under no circumstances shall favorable consideration by the Zoning Administrator be construed as preliminary or tentative approval of the subdivision.
B.
Preapplication Plats and Data
The following shall be provided by the subdivider at the time of the subdivider's preliminary conference with the Zoning Administrator:
1.
Sketch Plan
Eight copies of a sketch plan prepared at a scale of not less than 100 feet to 1 inch. The sketch plan may be a freehand sketch made directly on a print of the topographic survey, if available. The sketch plan must show the following, as applicable:
a.
Proposed lot lines;
b.
Proposed public street rights-of-way.
c.
Proposed alleys;
d.
Proposed open space;
e.
Streetscape and other easements; and
f.
Other such information as necessary for consideration of the proposed sketch plan.
2.
General Subdivision Information
Two copies of general subdivision information which shall describe or outline the existing conditions of the site and the proposed development as necessary to supplement the sketch plan. This information should include data on existing covenants, land characteristics and available community facilities and utilities. It should also include information describing the subdivision proposal, such as the number of residential lots, typical lot width and depth, price range, minimum floor area in structures, business areas, open space areas, state waters and required stream buffers, proposed protective covenants and proposed utilities and street improvements.
C.
Drawing Requirements
All site plans and preliminary and final subdivision plats, but not sketch plans, must conform to the following standards:
1.
Drawings may be submitted either on paper or in digital files.
2.
All drawings must contain the dates of preparation and any revisions
3.
All drawings must be at be at a scale of not less than 100 feet to 1 inch.
4.
Drawing sheets may not be larger than 24 inches by 36 inches and must be uniform in size for a submittal.
5.
All drawings must contain a graphic and written scale and a north arrow.
6.
All drawings must contain the name, address, and telephone number of the preparer(s), property owner(s) and developer(s).
7.
All drawings shall contain the seal and signature of the licensed professional preparing the drawings and computations.
D.
Digital Requirements
Digital final plans shall include the following
1.
All drawings shall be geo-referenced to the US State Plane coordinate system, NAD 83, GA West Zone, US Survey Feet.
2.
Digital Final plat shall include the following feature geometry types:
a.
Polygons, including lots, street rights-of-way, and easements.
b.
Lines, including street centerline and utility lines
3.
The Zoning Administrator will provide template (or seed) drawing files upon request.
E.
Preliminary Plat
1.
Application Requirements
Each application shall be accompanied by plans which include the following information:
a.
Written Description
A written description of the proposed development, including number and size of proposed dwellings, amount of commercial, recreational and/or other spaces, and all other information necessary to show that the proposed development complies with the standards described in Sec. 6.3.1.C.
b.
Site Plan
A site plan prepared showing, at a minimum:
i.
Existing buildings to be retained
ii.
New buildings and the location of their pedestrian entrances.
iii.
Location and width of required buffers and landscaping.
iv.
Location and width of sidewalks, location and species of street trees.
v.
Location and number of on-site parking spaces.
vi.
Location and size of open spaces.
vii.
Location of required parking lot screening.
viii.
Proposed lot lines.
ix.
Proposed public streets.
x.
Proposed alleys.
xi.
Streetscape and other easements.
xii.
Location of site utilities.
c.
Plat Requirements
Eight printed copies of the preliminary plat Preliminary plats must show all existing conditions required in Sec. 11.2.5.E.1. below and shall show all proposals including the following:
i.
Street names, right-of-way widths, central angles of street intersections, dimensions or radii or chords, appropriate grades and similar data for alleys, if any.
ii.
Lot lines, lot numbers and block numbers.
iii.
Sites, if any, to be dedicated or reserved for parks, playgrounds or other public uses, together with the purpose and the conditions or limitations of such dedication, if any.
iv.
Sites, if any, for multiple-family dwellings, shopping centers, churches, industry, or other nonpublic uses exclusive of single-family dwellings.
v.
Minimum building setback lines.
vi.
Portions of the site to be used for storm drainage and/or stormwater detention.
d.
Existing Conditions and Other Data
Data required as a basis for the preliminary plat which shall include the following information relating to existing conditions and other pertinent data as required to support the preliminary design of the proposed development:
i.
Boundary Lines
A boundary plat of the property to be subdivided showing bearings and distances.
ii.
Easements
Location, width and purpose.
iii.
Streets on and Adjacent to Tract
Name, right-of-way width and location.
iv.
Contour Data
Significant contour data at a maximum of not more than 10-foot elevation intervals to determine preliminary design of the proposed improvements and other dependent features.
v.
Other Conditions on Tract
Watercourses, identification of all areas included within the 100-year floodplain, existing structures and other significant features.
vi.
Title and Certificates
Title under which proposed subdivision is to be recorded, if known, with name of owner and name of designer.
vii.
Vicinity Map
A vicinity map showing the relationship of the subdivision site to the surrounding area. The vicinity map shall indicate the nearest shopping center, recreational facilities and other such improvements.
viii.
Geographical Data
Scale, datum, north arrow, date of survey, date of plat and land lot and district number.
ix.
Storm Drainage
A conceptual plan which indicates how requirements of Sec. 9.3. will be met.
e.
Draft of Protective Covenants
A draft of protective covenants whereby the subdivider proposes to regulate land use in the subdivision and otherwise protect the proposed development shall be submitted.
f.
Application Forms
Two copies of written application containing essentially the same descriptive information specified in Sec. 11.2.5.B. shall be submitted with the preliminary plat.
2.
Conditional Approval of Preliminary Plat
a.
On reaching conclusions informally, as provided in Sec. 11.2.5.B., regarding their general program and objectives, the subdivider shall cause to be prepared a preliminary plat, together with other supplementary material as deemed necessary by the Zoning Administrator and as specified in Sec. 11.2.5.E.2.a.
b.
Eight copies of the preliminary plat and supplementary material specified, together with 2 copies of a written application for conditional approval of the preliminary plat, shall be filed with the Zoning Administrator at least 30 days prior to the meeting of the Planning Commission at which it is to be considered.
c.
Within 30 days after the submission of the preliminary plat and other material submitted for conformity thereof to this UDO and negotiations with the subdivider on changes deemed advisable and the kind and extent of improvements to be made by the subdivider, the Planning Commission shall hold a public hearing on the application and shall express its recommendations regarding approval as conditional approval and state the conditions of such approval, if any, or if disapproval, shall express its disapproval and its reasons therefor.
d.
The action of the Planning Commission shall be noted on 3 copies of the preliminary plat, referenced and attached to any conditions determined. One copy shall be retained by the Planning Commission and 2 copies returned to the Zoning Administrator, who will keep one for the City Commission and return the other to the subdivider. Conditional approval of a preliminary plat shall not constitute approval of the final plat. Rather, it shall be deemed an expression of approval of the layout submitted on the preliminary plat as a guide to the preparation of the final plat. The final plat will be submitted for approval and, if accepted, will be approved by the City Commission for recording upon fulfillment of the requirements of this chapter and the conditions of the conditional approval, if any.
e.
An application fee as set forth in the schedule of fees and charges shall be paid at the time the application for approval of the preliminary plat is filed.
F.
Final Plat
1.
Applicability
a.
A minor plat shall be considered a final plat for the purposes of subdivision, and no preliminary plat shall be required. A minor plat is a subdivision of four or fewer lots which does not involve the construction of a new street. Any improvements to an existing public street abutting the tract proposed for minor subdivision, or the installation of utilities along said existing public road, as may be required to comply with this UDO, shall be done according to this UDO, but said requirements shall not subject the minor plat to the requirements for a major subdivision as specified in this UDO.
b.
A final plat based on an approved preliminary plat for a major subdivision shall also be considered according to this Section.
2.
Final Plat and Fee
Eight printed copies shall be submitted. A fee as set forth in the schedule of fees and charges for each lot contained in the subdivision shall be submitted at the time of final plat submittal. The final plat shall show the following:
a.
Sufficient data to determine readily and reproduce on the ground the location, bearing and length of every street line, lot line, boundary line and building line whether curved or straight. This shall include, but not be limited to, the radius, length of arc, internal angles and tangent distance for the centerline of curved streets and curved property lines that are not the boundary of curved streets.
b.
Tract boundary lines, right-of-way lines of streets, easements and other rights-of-way and property lines of residential lots and other sites.
c.
All dimensions shall be accurate to the nearest 1/10 of a foot and all angles accurate to the nearest minute.
d.
Name and right-of-way width of each street or other right-of-way.
e.
House numbers.
f.
Title, name and location of subdivision, north arrow, date, scale and land lot and district numbers.
g.
Location, dimensions and purpose of any easements and any areas to be dedicated to public use or sites for other than residential use with notes stating their purpose and limitations.
h.
Lots or sites numbered in numerical order and blocks lettered alphabetically.
i.
Accurate location, material and description of monuments and markers.
j.
Certification showing that applicant is the landowner and dedicates streets, rights-of-way and any sites for public use.
k.
Certification by the appropriate authorities for roads, water, sewers and health that the subdivider has complied with one of the following alternates:
i.
All improvements have been installed in accordance with their requirements.
ii.
A performance bond has been posted in an amount sufficient to ensure completion of all required improvements.
iii.
Any other guarantees of satisfactory completion of required improvements acceptable to the various departments.
l.
Owner's acknowledgment, in the following form:
m.
Approval of the City Planning Commission, in the following form:
n.
A covenant for private storm drainage facilities stating:
"The storm drainage facilities shown hereon or required by the City in Sec. 9.3., including, but not limited to, storm drainage detention basins, water quality treatment systems, pipes, swales, ditches, and similar facilities are private facilities for the subdivision. The City assumes no responsibility or liability for the operation or maintenance of such facilities."
o.
Approval of the City Commission, in the following form:
p.
Protective Covenants
Protective covenants, if any, which shall be shown on the final plat shall be provided.
q.
Hydrology Study
A hydrology study shall be provided which describes and documents how the requirements of Sec. 9.3. will be met.
r.
Other Data
A final engineering design report on proposed improvements and such other certificates, affidavits, endorsements or deductions as may be required by the City Commission in the enforcement of this chapter shall be provided.
3.
Townhouse Developments in RS-17 Zoning Districts
The subdivision of an established townhouse development in a RS-17 zoning district may be approved by the Zoning Administrator in the name of the Planning Commission and by the chairperson of the City Commission.
4.
Approval of Final Plat
a.
The final plat, prepared as specified above shall conform substantially to the preliminary plat, as approved, and, if desired by the subdivider, it may constitute only that portion of the approved preliminary plat which the subdivider proposes to record and develop at the time; provided, however, that such portion conforms to all requirements of this chapter.
b.
All performance bonds shall be submitted to the appropriate regulating departments prior to approval of final plat by the City Commission.
c.
The final plat and other supplementary material required for approval shall be submitted to the Zoning Administrator at least 30 days prior to the meeting of the Planning Commission at which it is to be considered. It shall also be required that such material be submitted to the Planning Commission within 6 months after approval of the preliminary plat, otherwise such approval shall become null and void unless an extension of time is applied for and granted by the Planning Commission.
d.
Within 30 days after the submission of the final plat and supplementary material required for approval, the Planning Commission shall express its recommendation.
e.
Not later than 3 days after a recommendation by the Planning Commission, the final plat and other supplementary material will be transmitted by the Zoning Administrator on behalf of the Planning Commission to the City Commission for final action.
f.
The subdivider shall be responsible for recording the approved final plat in the office of the clerk of the superior court.
g.
Eight copies of the final recorded plat shall be delivered to the Zoning Administrator for distribution to the various City departments concerned, including 1 copy for the City Commission and 1 for the Planning Commission.
h.
A fee as set forth in the schedule of fees and charges for each lot contained in the subdivision shall be paid at the time of the filing of the final plat.
G.
Approval of Subdivisions
The following standards shall be considered by the Planning Commission in preparing a recommendation and by the City Commission in determining whether a subdivision shall be approved:
1.
Is the proposed subdivision suitable in view of the use and development of adjacent and nearby property?
2.
Does the proposed subdivision adversely affect the existing use or usability of adjacent and nearby property?
3.
Does the proposed subdivision result in a development which will or could cause an excessive or burdensome use of existing streets, transportation facilities, utilities, or schools?
4.
Are there other existing or changing conditions affecting the use and development of the property which, because of their impact on the public health, safety, morality and general welfare of the community, give supporting grounds for either approval or disapproval of the proposed subdivision?
5.
Does the proposed subdivision conform to the existing layout, patterns and design of existing adjacent and nearby lots, including orientation to streets?
H.
Conditions
1.
In approving a subdivision, the City Commission may impose special conditions which it deems necessary in order to mitigate impacts which may be expected without those conditions. Such conditions may consist of a variety of requirements including, but not limited to:
a.
Restrictions in the location of driveways and curb cuts;
b.
Setbacks from any lot line;
c.
Specified or prohibited locations for buildings, parking, loading, storage areas or other land uses;
d.
Preservation of existing trees and other vegetation;
e.
Landscaping requirements which may include location, type and maintenance of plant materials, fences, walls, earth berms and other buffers;
f.
Screening and other protective measures, special measures to alleviate undesirable views, light, glare, noise, traffic, dust and odors;
g.
Limitations on exterior modifications to existing buildings;
h.
Public facility improvements by the owner;
i.
Requirements that development take place according to a site plan; or
j.
Any other requirement deemed appropriate and necessary as a condition of the approval of the subdivision.
2.
Requirements imposed as a condition of approval of a subdivision shall be required of the property owners and all subsequent owners as a condition of the development of the property as subdivided.
3.
Requirements imposed as a condition of approval of a subdivision shall be interpreted and continuously enforced by the Zoning Administrator.
I.
Public Hearings and Notice
Public hearings and notice thereof shall be held by the Planning Commission and the City Commission in accordance with the requirements of section 11.2.2.D.
J.
Rules of Policy and Procedure
Public hearings held pursuant to this section 11.2.5 shall follow the rules of policy and procedure set forth in section 11.2.2.E.
K.
Dedicated Streets and Other Public Lands
Acceptance of dedicated streets and other public lands will be certified by the City Commission after completion of work by the subdivider or developer and after all work has been approved by the appropriate City departments.
L.
Restriction on Names
The proposed name of a subdivision and proposed street names shall not duplicate or too closely approximate, phonetically, the name of any other subdivision or street in the City, the county or the City of Atlanta, Georgia.
M.
Building Permit Applications
In addition to the requirements stated above, plats and drawings accompanying an application for a building permit for construction or alteration in RS-17 Districts shall show location, dimensions and identification of all existing and proposed structures, recreation areas, common open areas, landscaping, buffer areas, walls; walkways and similar features; location, layout, dimensions and turning radii of all streets, driveways, maneuver areas and parking areas; and any other information necessary to adequately portray proposed vehicular circulation, parking and other significant features of the development.
(Ord. No. O-17-09, § 6.1—6.5, 6-19-17; Ord. No. O-22-Z-08, § 2, 10-17-22; Ord. No. O-23-Z-07, § 7, 6-20-23)
11.2.6. - Certificate of Zoning Compliance
A.
No building permit shall be issued for any construction, reconstruction or alteration of a structure unless the Zoning Administrator has issued a certificate of zoning compliance for such construction, reconstruction or alteration. Such certificate shall be issued only when such use complies with all provisions of this UDO.
B.
No existing structure or land may be used or occupied for any purpose or use for which it is not presently being used unless a certificate of compliance shall have been applied for and issued by the Zoning Administrator. Such certificate shall be issued only when such proposed change of use complies with all provisions of this UDO.
C.
No fee shall be charged for an original certificate of zoning compliance as required herein. Fees for copies of certificates of zoning compliance are contained in the City's adopted fee schedule.
11.2.7. - Administrative Adjustment
A.
Applicability
The Zoning Administrator or UDO Administrator, respective of their powers and duties in Section 11.1 of this UDO, may modify the following standards during development review. Any other modification beyond those listed below must be considered by the Board of Zoning Appeals as a variance.
1.
Setbacks. A reduction of up to 10% of the numeric standard for a minimum building setback.
2.
Lot Coverage. An increase of up to 1% beyond the numeric standard for lot coverage.
3.
Parking. A reduction in the minimum required vehicle parking spaces by up to 10%.
4.
Sidewalk. A reduction in one or both of the minimum widths—sidewalk clear zone or landscape zone for properties presently within a R-50, R-60, R-85, RS-17, RM-18, RM-22, RM-43, PO or I zoning district under the following conditions:
a.
When the cost of the sidewalk installation exceeds 25% of the total project cost due to project scope as well as site factors, including, but not limited to, stormwater infrastructure, topography, and existing utilities.
b.
In order to provide compatibility with existing conditions on adjacent properties.
c.
In order to preserve existing trees and landscape materials in the landscape and sidewalk zone.
d.
In order to provide continuity with planned public improvements.
B.
Criteria for Approval
The applicant shall demonstrate, and the Zoning Administrator or UDO Administrator, respective of their powers and duties in Section 11.1 of this UDO, shall find that all of the following criteria are present when approving a request for an adjustment:
1.
There are clear and compelling reasons that are not purely financial demonstrating that the required standard cannot be met;
2.
The modification is the minimum amount necessary to meet the objectives identified above; and
3.
The requested adjustment will not contravene the public interests or negatively impact adjoining properties.
(Ord. No. O-15-Z-01, § 1.10, 1-20-15; Ord. No. O-18-Z-17, § 2, 5-21-18)
11.2.8. - Demolition Permit
A.
Applicability
1.
A demolition permit is required prior to demolition of any residential structure in the City.
2.
Within a designated Historic District, the Historic Preservation Commission has the authority for review of a demolition permit.
3.
Outside a designated Historic District, the UDO Administrator shall have the authority to delay demolition for a period not to exceed 15 days in order to provide notice to the community, allowing investigation into alternative opportunities for the preservation of the residential structure.
B.
Pre-Application Conference
Before submitting an application for residential demolition, an applicant must schedule a pre-application conference with the UDO Administrator to discuss the procedures, standards and regulations required for approval. This requirement may be waived at the discretion of the UDO Administrator.
C.
Public Notice
Within 7 days of the submittal of a complete application for demolition of a residential structure, a sign giving notice shall be placed in a conspicuous location on the property. The sign shall state the location of the proposed demolition, and the deadline for comments on the demolition application.
D.
Application
1.
Post-demolition Plan
The UDO Administrator shall not grant a permit for demolition without reviewing at the same time the post-demolition plan for the site.
E.
Approval Process
1.
UDO Administrator Action
a.
The UDO Administrator shall review the application for demolition.
b.
Where demolition is deemed necessary by the Building Official for public health or safety reasons, a demolition permit shall be issued without any demolition delay.
c.
In all other cases, the UDO Administrator shall set a demolition delay period of not to exceed 15 days from the acceptance of a complete application. Upon expiration of the established demolition delay period, the UDO Administrator shall issue the demolition permit.
(Ord. No. O-15-Z-01, § 1.11, 1-20-15)
11.2.9. - Variances
The Zoning Board of Appeals shall have the authority to authorize upon application in specific cases a variance from the terms of this UDO in accordance with this Section.
A.
Application
1.
An application for a variance shall be filed with the office of the Zoning Administrator at least 20 days prior to the meeting of the Zoning Board of Appeals at which it is to be heard. Each application shall be accompanied by a plat drawn to scale containing the following information, in addition to any other pertinent information required by the Zoning Administrator:
a.
All property lines with dimensions.
b.
Location of buildings and other structures, creeks and easements referenced to property lines.
c.
North arrow, scale, lot and block numbers and land lot.
d.
Topographic and drainage information if pertinent.
2.
Each application for variance shall be made in 2 copies and shall specify the conditions and the extent of the variance sought as well as a statement demonstrating compliance with the required criteria for variance set forth below.
B.
Fee
Each application for a variance shall be accompanied by a fee as set forth in the schedule of fees and charges to partially cover the cost of advertising, field investigation and other expenses involved in processing the application.
C.
Resubmittal
When action is unfavorable on an application for variance or where the applicant withdraws the application prior to final action by the Board, a substantially similar application may not be resubmitted for at least 1 year from the date of denial or withdrawal. This requirement may be waived for good cause by the Zoning Administrator.
D.
Criteria for Approval
The Zoning Board of Appeals shall have the authority to authorize upon application in specific cases a variance from the terms of this UDO such as will not be contrary to the public interest, where, owing to special conditions, a literal enforcement of the provisions of this UDO will result in unnecessary hardship, but where the spirit of the ordinance shall be observed and substantial justice done. Such special conditions shall be limited to exceptional narrowness, shallowness or shape of a specific piece of property existing at the time of the enactment of this UDO, or exceptional topographic conditions or other extraordinary and exceptional situation or condition of such piece of property as would result in peculiar, extraordinary and practical difficulties. No variance shall be authorized unless the Board finds that all of the following conditions exist:
1.
That the special circumstances or conditions applying to the building or land in question are peculiar to such premises and do not apply generally to other land or buildings in the vicinity.
2.
That the granting of the application is necessary for the preservation and enjoyment of a property right and not merely to serve as a convenience to the applicant.
3.
That the condition from which relief or a variance is sought did not result from action by the applicant.
4.
That the authorizing of the variance will not impair an adequate supply of light and air to adjacent property or unreasonably increase the congestion in public streets, or increase the danger of fire, or imperil the public safety, or unreasonably diminish or impair established property values within the surrounding areas, or in any other respect impair the health, safety, comfort, morals or general welfare of the inhabitants of the City.
5.
That the granting of the variance will be in harmony with the general purpose and intent of the Decatur Land Use Plan.
6.
That the granting of the variance will not allow a structure or use in a district restricted against such structure or use.
E.
Notice and Hearing
1.
The Board shall fix a date for the hearing of a variance application within the time specified by its rules but not to exceed 45 days from the date the completed application is filed unless said time period is mutually extended by the applicant and the Zoning Administrator. At least 30 but not more than 45 days prior to the date of the public hearing, a notice of the public hearing shall be published in a newspaper of general circulation within the territorial boundaries of the City. The notice shall state the time, place and purpose of the public hearing. The Zoning Administrator shall mail written notice of the hearing to the owner of the property that is the subject of the application at least 30 days prior to the date of the hearing. The Board shall decide the application in accordance with the procedures set forth herein and in its rules. In addition, a sign giving notice of the public hearing shall be placed in a conspicuous location on or within 300 feet of the property as measured along the street right-of-way line at least 15 days prior to the public hearing of the Board.
2.
At the hearing, any party may appear in person, or by agent or attorney. The applicant shall be allowed no less than 10 minutes for presentation of data, evidence and opinion concerning the application. Any remaining time may be reserved for rebuttal. Those in opposition to the application shall also be allowed no less than 10 minutes for presentation of data, evidence and opinion. The presentation times may not be reduced but may be extended, provided they are expanded equally for each side.
F.
Conditions to Approval
1.
In approving an application, the Zoning Board of Appeals may impose special conditions which it deems necessary in order to mitigate negative impacts upon surrounding properties which may be expected without the imposition of those conditions. Such conditions may consist of a variety of requirements, including, but not limited to:
a.
Setbacks from any lot line if such setback is a proper part of the application under review;
b.
Specified or prohibited locations for buildings, parking, loading or storage areas or other structures;
c.
Restrictions in the location of driveways and curb cuts;
d.
Maximum building heights and other dimensions;
e.
Landscaping requirements which may include location, type and maintenance of plant materials, fences, walls, earth berms or other buffer provisions; screening or other protective measures;
f.
Preservation of existing trees and other vegetation;
g.
Special measures to alleviate undesirable views, light, glare, noise, dust or odor;
h.
Permitted hours of operation;
i.
Requiring that an existing building be retained;
j.
Requiring that development take place according to a site plan, development plan and/or building plan;
k.
Limitation on exterior modifications to existing buildings;
l.
Public facility improvements by the owner;
m.
A time limit within which the property must either be used as allowed by the variance, special exception or other appeal; or
n.
Any other requirement deemed appropriate and necessary as a condition of approval.
2.
Requirements imposed as a condition of approval shall be required of the property owner and all subsequent owners as a condition of the use of the property and interpreted and continuously enforced by the Zoning Administrator.
(Ord. No. O-23-Z-07, § 8, 6-20-23)
11.2.10. - Appeal of Administrator's Decision
A.
Who may appeal
An appeal from a final written decision of the UDO Administrator or Zoning Administrator regarding this UDO may be taken to the Zoning Board of Appeals (Board) by any person aggrieved by such decision, or by any officer, department, board or agency of the City affected by such decision.
B.
Time for filing appeal; contents of notice
Such appeal shall be taken within 10 calendar days from the date of a final written decision of the UDO Administrator or Zoning Administrator by filing with the Zoning Administrator a written notice of appeal specifying the grounds thereof. The notice of appeal shall be submitted on forms available from the Zoning Administrator.
C.
Transmission of record to Board
Upon receipt of a complete notice of appeal, the Zoning Administrator shall forthwith transmit to the Board all the papers constituting the record upon which the action appealed from was taken.
D.
Stay of Proceedings
An appeal stays all proceedings in furtherance of the action appealed from unless the UDO Administrator or Zoning Administrator certifies to the Board, after the notice of appeal shall have been filed with the Zoning Administrator, that by reason of facts stated in the certificate a stay would, in the UDO Administrator's or Zoning Administrator's opinion, cause imminent peril to life or property. In such case proceedings shall not be stayed otherwise than by a restraining order which may be granted by the board or by a court of record on application with notice to the UDO Administrator or Zoning Administrator and on due cause shown.
E.
Fee
Each notice of appeal shall be accompanied by a fee as set forth in the schedule of fees and charges to partially cover the cost of advertising, field investigation and other expenses involved in processing the appeal.
F.
Notice and Hearing
1.
The Zoning Administrator shall fix a date for the hearing of an appeal from a decision of the UDO Administrator or Zoning Administrator within 45 days from the date a complete notice of appeal is filed unless said time period is mutually extended by the appealing party and the Zoning Administrator in writing. At least 30 but not more than 45 days prior to the date of the public hearing, a notice of the public hearing shall be published in a newspaper of general circulation within the territorial boundaries of the City. The notice shall state the time, place and purpose of the public hearing. The Zoning Administrator shall mail written notice of the hearing to the owner of the property that is the subject of the appeal at least 30 days prior to the date of the hearing. The Board shall decide the appeal in accordance with the procedures set forth herein and in its rules. In addition, a sign giving notice of the public hearing shall be placed in a conspicuous least 15 days prior to the public hearing of the Board.
2.
At the hearing, any party may appear in person, or by agent or attorney. The appealing party shall be allowed no less than 10 minutes for presentation of data, evidence and opinion concerning the appeal. Any remaining time may be reserved for rebuttal. Those in opposition to the appeal shall also be allowed no less than 10 minutes for presentation of data, evidence and opinion. The presentation times may not be reduced but may be extended, provided they are expanded equally for each side.
G.
Decisions
Following the consideration of all testimony, documentary evidence, and matters of record, the Board shall make a determination on each appeal at the conclusion of the hearing on the appeal unless an extension of time is agreed to in writing by the appealing party and the Board. The Board shall reverse, defer, affirm, or modify any order, requirement, decision or determination made by the UDO Administrator or Zoning Administrator and to that end shall have all the powers of the UDO Administrator or Zoning Administrator from whom the appeal was taken. An appeal shall be sustained or the decision below modified only upon an expressed finding by the Board that the UDO Administrator's or Zoning Administrator's action below was based on an erroneous finding of a material fact, or that said official's action was arbitrary. The action of the Board on an administrative appeal shall be final.
(Ord. No. O-15-Z-01, § 1.12(Exh. A), 1-20-15; Ord. No. O-23-Z-07, § 10, 6-20-23)
11.2.11. - Appeals from Final Decisions of the Board
A.
Appeal to Superior Court
Any person aggrieved by a final decision of the Zoning Board of Appeals (Board), or any officer, department or agency of the City affected by such decision, may appeal from such decision to the Superior Court of DeKalb County by writ of certiorari. Such appeal shall be filed within 30 days after decision of the Board is rendered.
1.
Any person aggrieved by a final decision of the Zoning Board of Appeals (Board), or any officer, department or agency of the City affected by such decision, may appeal from such decision to the Superior Court of DeKalb County pursuant to the procedures in Chapter 66 of Article 36 and Chapter 3 of Article 5 of the Official Code of Georgia.
2.
In connection with such an appeal, the secretary of the Board shall have authority, without additional action by the Board, to approve or issue any form or certificate required by Chapter 3 of Article 5 of the Official Code of Georgia.
3.
In connection with such an appeal, service of a petition for review pursuant to Chapter 3 of Article 5 of the Official Code of Georgia may be made upon the secretary of the Board during normal business hours at city hall.
(Ord. No. O-15-Z-01, § 1.13(Exh. B), 1-20-15; Ord. No. O-23-Z-07, § 10, 6-20-23)
11.3.1. - Nonconforming Uses
A.
Continuance
A nonconforming use or building shall not be:
1.
Changed to another nonconforming use;
2.
Reestablished after discontinuance for 1 year;
3.
Extended except in conformity with this UDO;
4.
Rebuilt, altered or repaired after damage by fire, windstorm or other disaster when damage exceeds 75% of the fair market sales value of the building immediately prior to the damage.
5.
Prohibited from continuance as a result of a change in ownership.
B.
Intermittent or Illegal Use
The casual, intermittent, temporary or illegal use of land or buildings shall not be sufficient to establish the existence of a nonconforming use, and the existence of a nonconforming use on part of a lot or tract shall not be construed to establish a nonconforming use on the entire lot or tract.
C.
Existence of a Nonconforming Use
In case of doubt, and on a specific question raised, whether a nonconforming use exists shall be a question of fact and shall be decided by the Zoning Board of Appeals after public notice and Article 36 of the Official Code of Georgia, specifically including O.C.G.A. § 36-66-4(a).
D.
Buildings Nonconforming
A building nonconforming only as to height, area or bulk requirements may be altered or extended, provided such alteration or extension does not increase the degree of nonconformity in any respect.
E.
Nonconforming Uses Not Validated
A nonconforming use in violation of a provision of the ordinance, which this UDO amends or replaces, shall not be validated by the adoption of this UDO.
F.
Discontinuance of a Nonconforming Use
All nonconforming signs, billboards, junkyards; all nonconforming uses of land where no buildings are employed in connection with such use; or where the only buildings employed are accessory or incidental to such use shall be discontinued and such nonconforming buildings or structures torn down, altered or otherwise made to conform within 2 years of the date of the adoption of this UDO.
G.
Historic Structure Damage and Rebuilding
Notwithstanding the limits established in Sec. 11.3.1. above, a nonconforming use or building which is designated as a local historic property or which is listed as a contributing structure in a local Historic District may be rebuilt after damage by fire, windstorm or other disaster regardless of the extent of damage.
(Ord. No. O-18-Z-17, § 3, 5-21-18; Ord. No. O-23-Z-07, § 11, 6-20-23)
11.3.2. - Area Modifications for Lots of Record
A.
Lot Exceptions
Where a lot of record at the time of the effective date of this UDO had less area or less width than herein required for the district in which it is located, said lot may nonetheless be used for a single-family dwelling, provided that all yard and other requirements of the district are complied with.
B.
Ownership of Multiple Lots
If 2 or more adjoining and vacant lots with continuous frontage are in a single ownership at any time after the adoption of this UDO and such lots individually are less than the lot width requirements for the district in which they are located, such groups of lots shall be considered as a single lot or several lots of minimum permitted size and the lot or lots in one ownership shall be subject to the requirements of this UDO.
11.4.1. - Enforcement
The duties related to administration and enforcement of this UDO are hereby conferred upon the UDO Administrator. It shall also be the duty and responsibility of each officer and employee of the City and especially of each member of the police and fire departments to assist to the UDO Administrator by reporting to the UDO Administrator new construction and reconstruction of buildings, new land uses and apparent violations of this UDO.
(Ord. No. O-22-Z-08, § 2, 10-17-22)
11.4.2. - Violation
Any firm, person or corporation who shall do anything prohibited by these regulations as the same exist or as they may hereafter be amended or who shall fail to do anything required by these regulations as they now exist or as they may hereafter be amended is hereby declared to be guilty of a misdemeanor and shall be punished as provided by law.
11.4.3. - Remedies
A.
In case any building or structure is or is proposed to be erected, constructed, reconstructed, altered, converted or maintained, or any building, structure or land is or is proposed to be used in violation of any provision of this UDO, the UDO Administrator, City attorney or other appropriate authority of the City or any adjacent or neighboring property owner who would be especially damaged by such violation may, in addition to other remedy, institute injunction, mandamus or other appropriate action or proceeding to prevent such unlawful erection, construction, reconstruction, alteration, conversion, maintenance or use or to correct or abate such violation, or to prevent the occupancy of such building, structure or land.
B.
Where a violation of these regulations exists with respect to a structure or land, the Planning Commission may, in addition to other remedies, notify all public utilities and City service departments of such violation and request that service be withheld therefrom until such time as the structure or premises are no longer in violation of these regulations.
11.4.4. - Cumulative Remedy
The remedies herein provided shall not be exclusive but shall be cumulative of all other remedies provided by law.
11.4.5. - Penalty for Violation of Chapter
Any person guilty of a violation of this chapter shall, upon conviction, be punished as provided in Section 1-12 of the Code of Ordinances.