A seven-member planning commission is established, as authorized in chapter 2 of the Municipal Code. The planning commission has those powers and duties expressly identified in this zoning ordinance and in chapter 2. If the regulations of this zoning ordinance conflict with those in chapter 2, the regulations of this zoning ordinance govern.

(Ord. No. 2013-10-15, § 1(Exh. A § 27-26.10), 10-14-2013)

A seven-member zoning board of appeals is established, as authorized in chapter 2 of the Municipal Code. The zoning board of appeals has those powers and duties expressly identified in this zoning ordinance and in chapter 2. If the regulations of this zoning ordinance conflict with those in chapter 2, the regulations of this zoning ordinance govern.

(Ord. No. 2013-10-15, § 1(Exh. A § 27-26.20), 10-14-2013)

Editor's note— Section 2 of Ord. No. 2015-06-11, adopted June 8, 2015, repealed former § 27-493 which pertained to community council, and derived from Ord. No. 2013-10-15, § 1(Exh. A § 27-26.30), adopted Oct. 14, 2013.

(a)

The community development director has those powers and duties expressly identified in this zoning ordinance. In addition, the community development director serves as secretary of the planning commission and zoning board of appeals and performs other duties assigned by the city manager.

(b)

The community development director's building inspection duties include:

(1)

Issuance of building permits in accordance with all provisions of this zoning ordinance and only after issuance of a development permit.

(2)

Making field inspections to determine that the building or structure being constructed, reconstructed or structurally altered or used is being pursued in accordance with the site plan for which a development and building permit has been issued. These inspections and reports of findings must be made within two working days of the date that an inspection is requested by the developer.

(3)

Ensuring that all construction has been completed in accordance with all applicable requirements of this zoning ordinance and the Municipal Code prior to allowing occupancy.

(Ord. No. 2013-10-15, § 1(Exh. A § 27-26.40), 10-14-2013)

(a)

A seven-member design review advisory committee is established, as authorized in chapter 2 of the Municipal Code. If the regulations of this zoning ordinance conflict with those in chapter 2, the regulations of this zoning ordinance govern.

(b)

Committee members are appointed for three-year terms.

(c)

The design review advisory committee is authorized to make recommendations to the community development director, as expressly stated by individual provisions of this zoning ordinance.

(Ord. No. 2013-10-15, § 1(Exh. A § 27-26.50), 10-14-2013)

Upon the consent of the developer, contractor, owner, owner's agent, operator or occupants, city employees authorized by the community development director may enter during all reasonable hours any property for the purpose of making inspections to determine compliance with the provisions of this zoning ordinance.

Additionally, any property owner submitting an application to the City of Dunwoody for any of the processes as stated in article V of this ordinance, including the provisions of chapter 16, land development regulations, or any similar request that may require the inspection of the property to provide this service, shall by their request convey to authorized representatives of the City of Dunwoody the right of entry during all reasonable hours to conduct said inspection outside of any enclosed structures on the property.

(Ord. No. 2013-10-15, § 1(Exh. A § 27-27.10), 10-14-2013; Ord. No. 2015-01-05, § 1, 1-26-2015)

The community development director, in addition to other procedures provided, may obtain an inspection warrant under the conditions specified in this section. The warrant must authorize the community development director to conduct a search or inspection of property, either with or without the consent of the person whose property is to be searched or inspected, under the conditions set out in this section.

(1)

Inspection warrants may be issued by the municipal court of the city when the issuing judge is satisfied that all of the following conditions are met:

a.

The person seeking the warrant must establish under oath or affirmation that the property to be inspected is to be inspected as a part of a legally authorized program of inspection that includes that property or that there is probable cause for believing that there is a condition, object, activity or circumstance that legally justifies such an inspection.

b.

The issuing judge determines that the issuance of the warrant is authorized by this section.

(2)

All inspection warrants must meet all of the following requirements:

a.

The warrant must be attached to the affidavit required to be made in order to obtain the warrant.

b.

The warrant must describe, either directly or by reference to the affidavit, the property upon which the inspection is to occur and must be sufficiently accurate to allow the executor of the warrant and the owner or possessor of the property to reasonably determine from it the property for which the warrant authorizes an inspection.

c.

The warrant must indicate the conditions, objects, activities, or circumstances that the inspection is intended to check or reveal.

d.

The warrant must refer, in general terms, to the ordinance provisions sought to be enforced.

(Ord. No. 2013-10-15, § 1(Exh. A § 27-27.20), 10-14-2013)

The community development director is responsible for the interpretation, administration and enforcement of the provisions of this zoning ordinance unless otherwise expressly stated.

(Ord. No. 2013-10-15, § 1(Exh. A § 27-28.10), 10-14-2013)

It is unlawful for any person, firm or corporation to erect, construct, enlarge, alter, repair, move, improve, remove, convert or demolish, equip, use, occupy or maintain any building or structure or use any land in the city, or cause any of these actions, contrary to or in violation of any of the provisions of this zoning ordinance. Any violation of a provision of this zoning ordinance, including but not limited to all of the following, may be subject to the remedies and penalties provided for in this zoning ordinance.

(1)

To use land or buildings in any way not consistent with the requirements of this zoning ordinance;

(2)

To erect a building or other structure in any way not consistent with the requirements of this zoning ordinance;

(3)

To engage in the use of a building or land or any other activity requiring one or more permits or approvals under this zoning ordinance without obtaining such required permits or approvals;

(4)

To engage in the use of a building or land or any other activity requiring one or more permits or approvals under this zoning ordinance in any way inconsistent with any such permit or approval or any conditions imposed on the permit or approval;

(5)

To violate the terms of any permit or approval granted under this zoning ordinance or any condition imposed on the permit or approval;

(6)

To obscure, obstruct or destroy any notice required to be posted or otherwise given under this zoning ordinance;

(7)

To violate any lawful order issued by any person or entity under this zoning ordinance; or

(8)

To continue any violation after receipt of notice of a violation.

(Ord. No. 2013-10-15, § 1(Exh. A § 27-28.20), 10-14-2013)

Each day that a violation remains uncorrected after receiving notice of the violation from the city constitutes a separate violation of this zoning ordinance.

(Ord. No. 2013-10-15, § 1(Exh. A § 27-28.30), 10-14-2013)

The city has all remedies and enforcement powers allowed by law, including the following:

(1)

Withhold permit.

a.

The community development director may deny or withhold permits, certificates or other forms of authorization on any land or structure or improvements upon which there is an uncorrected violation of a provision of this zoning ordinance or of a condition or qualification of a permit, certificate, approval or other authorization previously granted by the city. This enforcement provision may be used regardless of whether the current owner or applicant is responsible for the violation in question.

b.

The community development director may deny or withhold permits, certificates or other forms of authorization on any land or structure or improvements owned by or being developed by a person who owns, developed or otherwise caused an uncorrected violation of a provision of this zoning ordinance or of a condition or qualification of a permit, certificate, approval or other authorization previously granted by the city. This enforcement provision may be used regardless of whether the property for which the permit or other approval is sought is the property in violation.

(2)

Permits approved with conditions. Instead of withholding or denying a permit or other authorization, the community development director may grant such authorization subject to the condition that the violation be corrected.

(3)

Revoke permits.

a.

Any permit, certificate or other form of authorization required under this zoning ordinance may be revoked by the community development director when the community development director determines:

1.

That there is departure from the plans, specifications, or conditions as required under terms of the permit;

2.

That the development permit was procured by false representation or was issued by mistake; or

3.

That any of the provisions of this zoning ordinance are being violated.

b.

Written notice of revocation must be served upon the owner, the owner's agent or contractor, or upon any person employed on the building or structure for which such permit was issued. If no persons can reasonably be served with notice, the notice must be posted in a prominent location. After delivery or posting of notice, no construction or development may proceed.

(4)

Stop-work. With or without revoking permits, the community development director may stop-work on any building or structure on any land on which there is an uncorrected violation of a provision of this zoning ordinance or of a permit or other form of authorization issued under the zoning ordinance.

(5)

Revoke plan or other approval. Where a violation of this zoning ordinance involves a failure to comply with approved plans or conditions to which the approval of such plans was made subject, the community development director may, upon notice to the applicant and other known interested parties (including any holders of building permits affected) (a) revoke the plan or other approval or (b) condition its continuance on strict compliance with this zoning ordinance or the provision of security to ensure that construction is completed in compliance with approved plans, or such other conditions as the community development director may reasonably impose.

(6)

Injunctive relief. The city may seek an injunction or other equitable relief in court to stop any violation of this zoning ordinance or of a permit, certificate or other form of authorization granted under the zoning ordinance.

(7)

Abatement. The city may seek a court order in the nature of mandamus, abatement, injunction or other action or proceeding to abate or remove a violation or to otherwise restore the premises in question to the condition in which they existed prior to the violation.

(8)

Other penalties, remedies and powers. In addition to all other actions and penalties authorized in this division, the city attorney is authorized to institute injunctive, abatement or any other appropriate judicial or administrative actions or proceedings to prevent, enjoin, abate, or remove any violations of this zoning ordinance. The city may also, after due notice to the owner of the violation, issue a citation for violation of this zoning ordinance requiring the presence of the violator in municipal court.

(Ord. No. 2013-10-15, § 1(Exh. A § 27-28.40), 10-14-2013)

Nothing in this zoning ordinance prohibits the continuation of previous enforcement actions, undertaken by the city pursuant to previous valid ordinances and laws.

(Ord. No. 2013-10-15, § 1(Exh. A § 27-28.50), 10-14-2013)

The remedies and enforcement powers established in this zoning ordinance are cumulative, and the city may exercise them in any combination or order.

(Ord. No. 2013-10-15, § 1(Exh. A § 27-28.60), 10-14-2013)

The owner or tenant of any building, structure, premises, or part thereof, and any architect, builder, contractor, or agent, or other person who commits, participates in, assists in, or maintains such violations may each be found guilty of a separate offense and be subject to penalties, remedies and enforcement actions.

(Ord. No. 2013-10-15, § 1(Exh. A § 27-28.70), 10-14-2013)

(a)

Non-emergency matters. In the case of violations of this zoning ordinance that do not constitute an emergency or require immediate attention, the community development director must give notice of the nature of the violation to the property owner or to any other person who is party to the agreement or to any applicant for any relevant permit in the manner stated in this section, after which the persons receiving notice have ten days to correct the violation before further enforcement action may be taken. Notice must be given in person, by U.S. Mail, or by posting notice on the premises. Notices of violation must state the nature of the violation and the time period for compliance and may state the corrective steps necessary and the nature of subsequent penalties and enforcement actions should the situation not be corrected.

(b)

Emergency matters. In the case of violations of this zoning ordinance that constitute an emergency situation as a result of public health or safety concerns or violations that will create increased problems or costs if not remedied immediately, the city may use the enforcement powers available under this zoning ordinance without prior notice, but the community development director must attempt to give notice simultaneously with beginning enforcement action. Notice may be provided to the property owner, to any other person who is party to the agreement and to applicants for any relevant permit.

(Ord. No. 2013-10-15, § 1(Exh. A § 27-28.80), 10-14-2013)

(a)

Scope. The regulations of this division govern nonconformities, which are lots, uses and structures that were lawfully established but—because of the adoption of new or amended regulations—no longer comply with one or more requirements of this zoning ordinance.

(b)

Intent. Occasionally, lots, uses, and structures that were lawfully established (i.e., in compliance with all regulations in effect at the time of their establishment) are made nonconforming because of changes in the zoning regulations that apply to the subject property (e.g., through zoning map changes or amendments to the text of the zoning ordinance). The regulations of this division are intended to clarify the effect of this nonconforming status and avoid confusion with "illegal" buildings and uses (i.e., those established in violation of applicable zoning regulations). The regulations of this division are also intended to:

(1)

Recognize the interests of landowners in continuing to use their property for uses and activities that were lawfully established;

(2)

Promote maintenance, reuse and rehabilitation of existing buildings; and

(3)

Place reasonable limits on nonconformities that have the potential to adversely affect surrounding properties.

(c)

Authority to continue. Any nonconformity that existed on the effective date specified in section 27-4 or any situation that becomes nonconforming upon adoption of any amendment to this zoning ordinance may be continued in accordance with the regulations of this division unless otherwise expressly stated.

(d)

Determination of nonconformity status.

(1)

The burden of proving a nonconformity was lawfully established rests entirely with the subject landowner.

(2)

A preponderance of evidence must be provided by the subject landowner and be sufficient to show that the nonconformity was lawfully established before adoption of the subject regulations. Evidence must also indicate that the nonconformity has been continuous and that the situation has not lost its nonconforming status. Examples of reliable evidence include: business licenses; building permits; zoning compliance permits; city/county billing records; utility billing records; assessment, tax or rent records; and directory listings.

(3)

The community development director is authorized to determine whether adequate proof of nonconforming status has been provided by the subject landowner.

(4)

Appeals of the community development director's decision on nonconforming status determinations may be appealed in accordance with the appeal procedures of article V, division 8.

(e)

Repairs and maintenance.

(1)

Nonconformities must be maintained to be safe and in good repair.

(2)

Repairs and normal maintenance that do not increase the extent of nonconformity and that are necessary to keep a nonconformity in sound condition are permitted unless otherwise expressly prohibited by this zoning ordinance.

(3)

Nothing in this division is intended to prevent nonconformities from being structurally strengthened or restored to a safe condition in accordance with an order from a duly authorized city official.

(f)

Change of tenancy or ownership. Nonconforming status runs with the land and is not affected by changes of tenancy, ownership or management.

(Ord. No. 2013-10-15, § 1(Exh. A § 27-29.10), 10-14-2013)

(a)

Description. A nonconforming lot is a lawfully created lot recorded in the office of the clerk of county superior court that does not comply with all applicable minimum lot area or lot frontage regulations of the zoning district in which the lot is located.

(b)

Use of nonconforming lots.

(1)

Any nonconforming lot in a residential zoning district may be used as a building site for a single detached house.

(2)

In mixed-use, nonresidential and special purpose zoning districts, a nonconforming lot may be used as a building site and developed with a use allowed in the subject zoning district.

(c)

Lot and building regulations.

(1)

Development on nonconforming lots must comply with the lot and building regulations of the subject zoning district unless otherwise expressly stated.

(2)

Nonconforming lots may not be adjusted in size or shape to create nonconformity or increase the degree of nonconformity for lot area, lot frontage, setbacks or other applicable lot and building regulations. Lot area or shape adjustments that decrease the extent of nonconformity are allowed.

(Ord. No. 2013-10-15, § 1(Exh. A § 27-29.20), 10-14-2013)

(a)

Description. A nonconforming structure is any building or structure, other than a sign, that was lawfully established but no longer complies with the lot and building regulations of the zoning district in which it is located.

(b)

General. Nonconforming structures may remain, subject to the regulations of this section.

(c)

Alterations and expansions. Alterations, including enlargements and expansions, are permitted if the proposed alteration or expansion complies with all applicable lot and building regulations, and does not increase the extent of nonconformity. A building with a nonconforming front setback, for example, may be expanded to the rear as long as the rear expansion complies with applicable rear setback standards and all other applicable lot and building regulations. On the other hand, a multi-dwelling building that is nonconforming with regard to density (i.e., contains more dwelling units than allowed by the underlying zoning) may not be expanded to add additional dwelling units.

(d)

Use. A nonconforming structure may be used for any use allowed in the zoning district in which the structure is located.

(e)

Moving. A nonconforming structure may be moved in whole or in part to another location only if the movement or relocation eliminates or reduces the extent of nonconformity. A nonconforming structure may be moved to another lot only if the structure would comply with the zoning regulations that apply to that (relocation) lot.

(f)

Loss of nonconforming status.

(1)

Intentional damage or destruction. When a nonconforming structure is intentionally destroyed, razed or dismantled by a deliberate act of the owner or the owner's agent, all nonconforming structure rights are lost and reconstruction of the nonconforming structure is prohibited.

(2)

Accidental damage or destruction. Unless a nonconforming structure loses its nonconforming structure rights pursuant to subsection (f)(1), the structure may be restored or repaired as long as no new nonconformities are created and that the existing degree of nonconformity is not increased. A building permit to reconstruct a destroyed or damaged structure must be obtained within two years of the date of occurrence of the damage.

(Ord. No. 2013-10-15, § 1(Exh. A § 27-29.30), 10-14-2013)

(a)

Description. A nonconforming use is a land use that was lawfully established in accordance with all zoning regulations in effect at the time of its establishment but that is no longer allowed by the use regulations of the zoning district in which the use is now located. Lawfully established uses that do not comply with any applicable separation (or spacing) distance requirements (e.g., those that require one land use to be located a certain minimum distance from another land use) are also deemed nonconforming uses.

(b)

Change of use. A nonconforming use may be changed to any other use that is allowed in the subject zoning district. Once changed to a conforming use, a nonconforming use may not be re-established.

(c)

Expansion of use. A nonconforming use may not be expanded in any way that increases the extent of nonconformity.

(d)

Remodeling and improvements. A building in which a nonconforming use is located may be remodeled or otherwise improved as long as the remodeling or improvements do not violate the other regulations of this zoning ordinance.

(e)

Moving.

(1)

A nonconforming use may be moved in whole or in part to another location on the same lot only if the movement or relocation eliminates or reduces the extent of nonconformity.

(2)

A nonconforming use may be moved to another lot only if the use is allowed under the zoning regulations that apply to that (relocation) lot.

(f)

Loss of nonconforming status.

(1)

Abandonment.

a.

Once a nonconforming use is abandoned, its nonconforming status is lost and any new, replacement use must comply with the regulations of the zoning district in which it is located.

b.

A nonconforming use is presumed abandoned when the use is discontinued or ceases for a continuous period of six months or more.

c.

A nonconforming open-air use of land is presumed abandoned when the use is discontinued for a continuous period of three months or more.

d.

A nonconforming use is also presumed abandoned when the owner and/or operator fails to obtain a business license or renew an existing business license, as required under the City Code, for the operation of such nonconforming use.

e.

Any period of discontinued use caused by government action, unintended fire or natural disaster will not be counted in calculating the length of discontinuance.

(2)

Change to conforming use. If a nonconforming use is changed to a conforming use, no matter how short the period of time, all nonconforming use rights are lost and re-establishment of the nonconforming use is prohibited.

(3)

Destruction.

a.

Intentional destruction. When a building containing a nonconforming use is intentionally destroyed, razed or dismantled by a deliberate act of the owner or the owner's agent, re-establishment of the nonconforming use is prohibited.

b.

Accidental destruction. Unless a building containing a nonconforming use is loses its nonconforming use rights pursuant to subsection (f)(3)a, the building and use may be restored or repaired provided that no new nonconformities are created and that the existing degree of nonconformity is not increased. A building permit to reconstruct a destroyed or damaged building must be obtained within two years of the date of occurrence of such damage.

(Ord. No. 2013-10-15, § 1(Exh. A § 27-29.40), 10-14-2013; Ord. No. 2023-06-06, 6-12-2023)

(a)

Description. A nonconforming development feature is any aspect of a development—other than a nonconforming lot, nonconforming use, nonconforming structure or nonconforming sign—that was lawfully established, in accordance with zoning regulations in effect at the time of its establishment but that no longer complies with one or more regulations of this zoning ordinance. Common examples of nonconforming development features are off-street parking or loading areas that contain fewer spaces than required by current regulations and sites that do not comply with current landscaping or screening requirements.

(b)

General. Nonconforming development features may remain except as otherwise expressly stated in this zoning ordinance, but the nature and extent of nonconforming site features may not be increased except as otherwise expressly stated in this zoning ordinance.

(Ord. No. 2013-10-15, § 1(Exh. A § 27-29.50), 10-14-2013)