This article specifies uses which are not classified as permitted uses in zoning districts, and are therefore only allowed through the approval of an Administrative Permit or a Use Permit. The standards which apply to each use are enumerated and must be met in order for an application to be granted.

( Ord. No. 061-016, § 4(Exh. D), 9-19-16 )

Uses allowable with an Administrative Permit and the minimum standards for such uses are listed in Section 10-2089 through Section 10-2114.1 of this article.

Uses allowable with a Use Permit and the minimum standards for such uses are listed in Section 10-2115 through Section 10-2150 of this article.

( Ord. No. 061-016, § 4(Exh. D), 9-19-16 )

Uses enumerated herein may be authorized by an Administrative Permit or Use Permit within districts allowing such uses, upon the completion of the application form, payment of the filing fee and provision of supporting documents required by the Planning and Community Development Director and approval of said application either by the City Council or the Director of Planning and Community Development as set forth in this article. The regulations contained in this article shall not apply to any permitted use in any zoning district.

( Ord. No. 061-016, § 4(Exh. D), 9-19-16 )

Any use authorized by an Administrative Permit shall be approved and permitted by the Director of Planning and Community Development whenever the proposed use complies fully with the requirements of the subject property's zoning district and standards as set forth in Section 10-2086 through Section 10-2114.1. Each requested use for which an Administrative Permit is required shall be assigned an Administrative Permit number and charged a fee. Said permit shall be posted on site prior to commencement of use. If the permit is for a parade, the parade chairman or other person heading or leading such activity shall carry the parade permit upon his person during the conduct of the parade. Variances to Administrative Permit standards may be requested by application to the Planning and Zoning Commission. In certain cases, conditions may be imposed with respect to roadway, water, sewer and/or other infrastructure improvements, and rights-of-way dedications and alcohol service.

( Ord. No. 061-016, § 4(Exh. D), 9-19-16 )

Any use authorized by a Use Permit shall be approved by the City Council in accordance with standards enumerated under each use set forth in Section 10-2115 through 10-2150 and the general restrictions of Sections 10-2085 and 10-2087 provided:

(a)

The subject use is allowable in the subject property's zoning district;

(b)

The standards for the Use Permit as specified in Article D can be met, as well as Use Permit Considerations pursuant to Section 10-2086;

(c)

A public hearing has been held in relation to the Use Permit before the Planning and Zoning Commission and the City Council in conformance with the procedures set forth in Article J;

(d)

Recommendations have been received from the Planning and Community Development Department and the Planning and Zoning Commission; and

(e)

Any conditions imposed with respect to right-of-way dedication and roadway, water, sewer and/or other infrastructure improvements are met; and

(f)

Any conditions recommended by the Police Chief or his/her designee with respect to alcohol service are met.

(1)

Applications. Use Permit requests shall require a separate application when included with a petition for rezoning. Each requested use for which a Use Permit is required shall be charged a standard Use Permit fee and assigned a Use Permit number which will be listed on the petition for rezoning. Each request shall be voted on separately, and each Use Permit request submitted as part of a rezoning petition shall be treated independently in the minutes of the City Council meeting.

(2)

Expiration. All Use Permits shall expire within three years from the date of approval by the City Council or as otherwise conditioned unless a Land Disturbance Permit, Building Permit, Business License or Certificate of Occupancy has been issued. Requests for extensions shall be made in accordance with the standards for extensions contained in Article J.

(3)

Re-application. The same or substantially similar petition for a Use Permit which has been denied by the City Council shall not be resubmitted to the Planning and Community Development Department for a period of six months from the date of the denial.

(4)

Variances. Variances to Use Permit standards contained in 10-2115 through 10-2150 for receiving a Use Permit may be considered by the City Council concurrently with a Use Permit petition if submitted with such petition. Such a variance request shall not require a separate variance application, but shall be assigned a variance number, charged a standard variance fee and be listed on the Use Permit petition as a Concurrent Variance in accordance with Article I, Appeals.

(g)

Accessory uses. Structures and land may be used for uses customarily incidental to any approved use.

( Ord. No. 061-016, § 4(Exh. D), 9-19-16 )

In the interest of the public health, safety and welfare, the Department of Planning and Community Development (for Administrative Permits) and the City Council (for Use Permits) shall consider each of the following:

(1)

Whether the proposed use is consistent with the Comprehensive Land Use Plan and/or Economic Development Revitalization plans adopted by the City Council

(2)

Whether the proposed use is compatible with land uses and zoning districts in the vicinity of the property;

(3)

Whether the proposed use is consistent with local, state and/or federal statutes, ordinances or regulations governing land development;

(4)

Whether the proposed use can operate without a negative effect of the proposed use on traffic flow, vehicular and pedestrian, along adjoining streets and whether any negative traffic effects can be ameliorated;

(5)

Whether the proposed location and number of off-street parking spaces complies with the requirements of the zoning ordinance;

(6)

Whether the amount and location of open space for the proposed use is adequate for the location, intensity and type of use proposed;

(7)

Whether any protective screening is needed to ameliorate negative effects on adjacent or nearby properties and whether such screening proposed is adequate;

(8)

Whether the hours and manner of operation of the special use can be structured so as not to have any negative effects on adjacent or nearby properties;

(9)

Whether there is any outdoor lighting proposed and whether any impacts of that lighting on adjacent and nearby properties can be ameliorated;

(10)

Whether adequate ingress and egress is provided to the property on which the use is located;

(11)

Whether the use will produce noise, odor, dust, or vibrations which can be minimized so as not to have significant negative effects on adjacent or nearby properties;

(12)

Whether the size and location of the site for the proposed use and the projected number of attendees is adequate;

(13)

Whether adequate provisions are being proposed for refuse, security, sanitation, emergency services access (i.e. fire, police and medical) and security areas; and

(14)

Whether remedial measures to reduce the impact of any other special events for which permits have been issued can be taken to prevent interference with or negative impacts on the proposed event.

No Use Permit will be granted unless City Council finds affirmatively in regard to the above factors and satisfactory provisions have been made for each factor applicable to the specific uses set forth in Sections 10-2115 through 10-2150. In granting such permits, conditions may be attached as are deemed necessary in the particular case for the protection or benefit of neighbors to ameliorate the effects of the proposed development/use.

( Ord. No. 061-016, § 4(Exh. D), 9-19-16 )

Any use that may be authorized by an Administrative Permit or Use Permit shall comply with all other City regulations, including but not limited to, business and alcohol licensing requirements, electrical, mechanical, food service permits, any health department requirements, building requirements, zoning district regulations, conditions of zoning approval and any other applicable requirements set forth in the City of East Point Code of Ordinances. Organizers of special events with proposed alcohol service must, include in the application for a special event permit information required for authorization of alcohol service ay the event as per the requirements of Article G (Sections 11-1150 through 11-1155) of the Alcohol Licensing provisions of the City of East Point Code of Ordinances. All buffers required shall have a ten-foot improvement setback in accordance with Chapter 6, Tree Protection and Landscaping Ordinance. The reduction of said setback shall be subject to the approval of the Department of Planning and Community Development in accordance with Article I, Appeals. Whenever a standard contained in this section is in conflict with another provision of this Ordinance, the more restrictive provision shall prevail.

Unless otherwise specified, standards, conditions and stipulations attached to a Use Permit by the City Council shall supersede conflicting zoning conditions approved on the same site.

( Ord. No. 061-016, § 4(Exh. D), 9-19-16 )