For all public hearings, the petitioner shall provide notice to the public consistent with the requirements of this section. Required public notice shall include the following:

(1)

Notice sign. The petitioner shall allow the director to post on the subject property a sign giving notice of the hearing provided by the planning and community development department. The sign shall be posted and remain on the property a minimum of at least fifteen (15) days before and no more than forty-five (45) [days] before the date of the public hearing of the planning commission, and mayor and city council.

(2)

Legal notice. The director shall prepare a legal notice consistent with the requirements of Zoning Procedures Law of the State of Georgia for publication in the local newspaper of general circulation. Legal notices shall include each of the following:

a.

The general location of the subject property;

b.

The street or common address of the real estate;

c.

That the project plans are available for examination at the office of the City of Forest Park's Planning and Community Development Department;

d.

That a public hearing will be held giving the date, place, and hour of the hearing; and

e.

That written comments on the petition will be accepted prior to the public hearing and may be submitted to the director.

(3)

Notice to interested parties. The director shall prepare and distribute written notice of the petition to all property adjacent property owners the subject property.

a.

The notice shall contain the same information as the legal notice which is published in the newspaper as outlined above.

b.

The notices shall be sent to each property owner at least one (1) time and must be postmarked a minimum of at least fifteen (15) days before the date of the public hearing.

(Ord. No. 21-11, § 1(Exh. A), 9-7-2021)

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

(1)

Petition Initiation. Proposals for zoning map amendments may be initiated by the property owner.

(2)

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

a.

A site plan drawn to scale showing, at a minimum, all existing and proposed structures, setbacks, easements, rights-of-way, floodplains, and any other feature relevant to the petition.

b.

A vicinity map showing the use and zoning of surrounding properties.

c.

A letter of intent to the planning commission stating the reasons for the zoning map amendment, including a detailed description of any proposed development for which the rezoning is sought.

d.

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

e.

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

(3)

Notification. Notification for the scheduled public hearing regarding the rezoning request shall be completed consistent with the requirements of section 8-8-185, notice of public hearing, of this chapter and in accordance with the Planning and Zoning Act of the State of Georgia.

(4)

Planning commission public hearing. The planning commission will then, in a public hearing scheduled consistent with the adopted calendar of filing and meeting dates, review the rezoning application and required supportive information.

a.

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

b.

The planning commission shall consider a report from the director, testimony from the petitioner, and testimony from the public and interested parties at the hearing.

c.

The presentation of reports and testimony and all other aspects of the public hearing shall be consistent with the requirements of the rules and procedures of the planning commission.

d.

The planning commission shall either forward the petition to the mayor and city council with a favorable recommendation, a favorable recommendation an unfavorable recommendation, or no recommendation, or table the request.

1.

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

2.

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

3.

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

(5)

Decision. In ruling upon any application for a zoning map amendment or upon any application for a conditional use or upon any other application for which the discretion of the planning commissions and/or mayor and city council, they shall, at all times, act in the best interest of the health, safety, morals and general welfare of the city. In doing so, they will consider one (1) or more of the following factors as they may be relevant to each application:

a.

Would the proposed amendment be consistent and compatible with the city's land use and development, plans, goals and objectives?

b.

Would the proposed amendment tend to increase, to decrease, or to have no impact on traffic safety and congestion in the streets?

c.

Would the proposed amendment tend to increase, to decrease, or to have no relationship to safety from fire and other dangers?

d.

Would the proposed amendment tend to promote, to diminish, or to have no influence on the public health and general welfare of the city?

e.

Would the proposed amendment tend to increase, to decrease or to have no influence on the adequacy of light and air?

f.

Would the proposed amendment tend to cause, to prevent, or to have no influence on the overcrowding of land?

g.

Would the proposed amendment tend to cause, to prevent, or to have no relationship on the population distribution within the city, thus creating any area so dense in population as to adversely affect the health, safety and general welfare of the city?

h.

Would the proposed amendment tend to impede, to facilitate, or to have no impact on the adequate provision of transportation, water, sewerage, other public services, utilities, or facilities?

i.

Would the proposed amendment tend to be compatible with environmental conditions in light of surrounding developments? If compatible, what factors, if any, would diminish the value, use and enjoyment of surrounding properties?

j.

Would the proposed amendment tend to promote, to diminish, or to have no influence upon the aesthetic effect of existing and future uses of the property and the surrounding area?

k.

Would the proposed amendment tend to promote, to diminish, or to have no influence upon the aesthetic effect of existing and future uses of the property and the surrounding area?

l.

Would the proposed amendment have measurable adverse economic effect on the value of surrounding or adjacent property?

m.

Would the proposed amendment create an isolated district unrelated to adjacent and nearby districts?

(6)

Burden of proof. After the mayor and city council has heard evidence at the zoning hearing, they shall apply the evidence to the standards of review hereinabove set forth in arriving at their decision. They shall consider every relevant criteria contained in the standards. The burden of proof shall be on the applicant to show that the proposed zoning amendment promotes the public health, safety, or general welfare of the city. In the event the planning commission and the mayor and city council determine that the applicant has shown that the proposed zoning amendment promotes the health, safety, morals, or general welfare under the standards of review, then they shall grant the application, subject to any reasonable conditions that they may otherwise impose. Otherwise, the application shall be denied.

(7)

Certification. The director shall certify the planning commission's recommendation and staff report to the mayor and city council.

(8)

Mayor and city council hearing. The mayor and city council shall hold a public hearing and vote on the proposed amendment.

(9)

Decision criteria. In reviewing the rezoning petition, the mayor and city council shall consider the following standards governing the exercise of the zoning power as adopted in accordance with O.C.G.A. § 36-66-5(b):

a.

The existing land uses and zoning classification of nearby property;

b.

The suitability of the subject property for the zoned purposes;

c.

The extent to which the property values of the subject property are diminished by the particular zoning restrictions;

d.

The extent to which the diminution of property values of the subject property promotes the health, safety, morals or general welfare of the public;

e.

The relative gain to the public, as compared to the hardship imposed upon the individual property owner;

f.

Whether the subject property has a reasonable economic use as currently zoned;

g.

The length of time the property has been vacant as zoned considered in the context of land development in the area in the vicinity of the property;

h.

Whether the proposed zoning will be a use that is suitable in view of the use and development of adjacent and nearby property;

i.

Whether the proposed zoning will adversely affect the existing use or usability of adjacent or nearby property;

j.

Whether the zoning proposal is in conformity with the policies and intent of the land use plan;

k.

Whether the zoning proposal will result in a use which will or could cause an excessive or burdensome use of existing streets, transportation facilities, utilities, or schools; and

l.

Whether there are other existing or changing conditions affecting the use and development of the property which give supporting grounds for either approval or disapproval of the zoning proposal.

(Ord. No. 21-11, § 1(Exh. A), 9-7-2021)

If the decision of the mayor and city council is to deny the zoning map amendment (rezoning), then the same property may not again be considered for a rezoning until the expiration of at least six (6) months immediately following such denial.

(Ord. No. 21-11, § 1(Exh. A), 9-7-2021)

The following standards and procedures apply to conditional use petitions:

(1)

Standards. No application for a conditional use permit shall be granted by the mayor and city council unless satisfactory provisions and arrangements have been made concerning each of the below factors and any other applicable factors for specific conditional use permits authorized by this chapter, and shall consider the extent to which the proposed conditional use:

a.

Has an impact compatible with surrounding properties and residential areas to ensure the appropriateness of the use at a specific location;

b.

Has a specified location consistent with the policies embodied in the adopted comprehensive plan;

c.

Is consistent with the general purpose and intent of the applicable zoning district regulations;

d.

Is compatible with and preserves the character and integrity of adjacent developments and neighborhoods and includes improvements either on-site or within the public rights-of-way to mitigate development related adverse impacts, such as traffic, noise, odors, visual nuisances, drainage or other similar adverse effects to adjacent developments and neighborhoods;

e.

Does not generate pedestrian and vehicular traffic which will be hazardous or conflict with the existing and anticipated traffic in the neighborhood;

f.

Incorporates roadway adjustments, traffic control devices or mechanisms, and access restrictions to control traffic flow or divert traffic as may be needed to reduce or eliminate development generated traffic on neighborhood streets;

g.

Incorporates features to minimize adverse effects, including visual impacts, of the proposed conditional use on adjacent properties; and the proposed use meets the standards for the zoning district, or to the extent variations from such standards have been requested, that such variations are necessary to render the use compatible with adjoining development and neighborhoods;

h.

Is based on the site plan in conformity with all space limits, buffers, parking and loading provisions, and other provisions of this article;

i.

The applicant has agreed to any specific limitations or conditions necessary to protect the public interest and assure the continued beneficial use and enjoyment of nearby properties or that no special limitations are necessary to protect the public.

(2)

An applicant aggrieved by a denial of a conditional use permit shall have the right to file an appeal in Clayton Superior Court in accordance with state law.

(3)

Withdrawal of applications by applicant. Prior to the public hearing by the city council, an applicant may withdraw a zoning application without prejudice by providing written notice to the city of such request for withdrawal. This written request shall be received no later than the planned publication of the agenda for such hearing. After such a deadline, the hearing will be deemed to have commenced. After the hearing has commenced, the applicant may request to withdraw an application prior to a final decision by the mayor and council. Such withdrawal shall be subject to the approval of the mayor and council by vote during the hearing of the case. In any case, no application fees will be refunded.

(4)

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

a.

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

b.

A letter of intent to the planning commission describing the details of the conditional use request, including, but not limited to:

1.

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

2.

The ways in which the conditional use shall be consistent with the required findings of fact described by section 8-8-186(1).

c.

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

d.

For proposals using public sewers, a letter from Clayton County Water Authority shall be included verifying that any proposed new development will be served.

(5)

Notification. Notification for the scheduled public hearing regarding the conditional use request shall be completed consistent with section 8-8-185, notice of public hearing.

(6)

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

a.

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

b.

The planning commission shall consider a report from the planning staff, testimony from the petitioner, and testimony from the public and interested parties at the hearing.

c.

The presentation of reports and testimony and all other aspects of the public hearing shall be consistent with the requirements of the rules and procedures of the planning commission.

d.

The planning commission shall either forward the petition to the mayor and city council with a favorable recommendation, a favorable recommendation an unfavorable recommendation, or no recommendation, or table the request.

1.

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

2.

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

3.

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

(7)

Certification. The planning staff shall certify the planning commission's recommendation and staff report to the mayor and city council.

(8)

Mayor and city council hearing. The mayor and city council shall hold a public hearing and vote on the proposed conditional use permit.

(Ord. No. 21-11, § 1(Exh. A), 9-7-2021; Ord. No. 24-04, § 2(Exh. B), 6-3-2024)

If the decision of the mayor and city council is to deny the conditional use permit, then the same property may not again be considered for a conditional use until the expiration of at least six (6) months immediately following such denial.

(Ord. No. 21-11, § 1(Exh. A), 9-7-2021)

(a)

A conditional use permit shall cease to be authorized and expire without any further action of the mayor and council if construction has not been approved and completed and/or occupancy granted within six (6) months of the date the conditional use permit is granted.

(b)

A conditional use permit may continue so long as the use thereby allowed is actually being conducted on the property to which it applies or as subsequently modified by the mayor and council pursuant to the provisions of this chapter, once activity authorized by a conditional use permit has been discontinued for a period of sixty (60) days, the conditional use permit shall expire without further action by the mayor and council and such use may not thereafter be made on the premises without reapplication therefore and approval thereof by the mayor and council. In making the decision regarding whether or not a conditional use has been discontinued, the zoning administrator shall base his judgment upon objective criteria gained from observation of the premises. The subjective intent of the owner or lessee of the property shall not be considered.

(Ord. No. 21-11, § 1(Exh. A), 9-7-2021; Ord. No. 24-01, § 1, 3-4-2024)

(a)

In accordance with O.C.G.A. § 36-66-1 et seq., the Zoning Procedures Law of the State of Georgia, the mayor and city council may amend or partially repeal the text of this chapter, or they may amend the official zoning map of this chapter as follows:

(1)

The director or mayor and city council may initiate a proposal to amend or partially repeal the text according to the procedure of the Zoning Procedures Law of the State of Georgia and according to the mayor and city council rules and procedures.

(2)

The director or mayor and city council may initiate an application to change the official zoning map according to the procedure of the State of Georgia and according to the mayor and city council rules and procedures.

(b)

In its review of the text and zoning map amendments, the planning commission and mayor and city council shall pay reasonable regard to:

(1)

The most recently adopted comprehensive plan;

(2)

Current conditions and the character of structure and uses in each district;

(3)

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

(4)

The conservation of property values throughout the jurisdiction;

(5)

Responsible development and growth; and

(6)

The public health safety and welfare.

(Ord. No. 21-11, § 1(Exh. A), 9-7-2021)

The following procedure shall apply to all variance petitions:

(1)

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

a.

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

b.

A letter of intent to the planning commission describing the details of the variance being requested and stating how the request is consistent with the development standards described by section 8-8-193(a) of this chapter. The letter should include any written commitments being made by the petitioner.

(2)

Notification. Notification for the scheduled public hearing regarding the variance request shall be completed consistent with section 8-8-185, notice of public hearing, of this chapter.

(3)

Public hearing. The planning commission will then, in a public hearing scheduled consistent with the adopted calendar of filing and meeting dates, review the variance application and required supportive information.

a.

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

b.

The planning commission shall consider a report from the director, testimony from the petitioner, and testimony from the public and interested parties at the hearing.

c.

The presentation of reports and testimony and all other aspects of the public hearing shall be consistent with the requirements of the rules and procedures of the planning commission.

d.

The planning commission may approve, approve with conditions, deny, or table the petition.

1.

The petition shall be approved if findings of fact are made consistent with the requirements of section 8-8-193(a) of this chapter.

2.

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

3.

The petition shall be denied if findings of fact consistent with the requirements of section 8-8-193(a) of this chapter are not made.

4.

The petition shall be tabled if additional information is required to make a decision.

(Ord. No. 21-11, § 1(Exh. A), 9-7-2021)

(a)

The planning commission may grant a variance from the development standards of this chapter where permitted under this chapter, if, after a public hearing, it makes findings of facts in writing, that:

(1)

The approval will not be injurious to the public health, safety, morals, and general welfare of the community;

(2)

The use and value of the area adjacent to the property included in the variance will not be affected in a substantially adverse manner; and

(3)

The strict application of the terms of this chapter will result in a practical difficulty in the use of the property. This situation shall not be self-imposed, nor be based on a perceived reduction of, or restriction on, economic gain.

(Ord. No. 21-11, § 1(Exh. A), 9-7-2021)

The planning commission shall under no circumstances grant a use variance or take any action to establish a use on any property within its jurisdiction that is neither a listed permitted use nor a listed conditional use in the district in which it is located as established by article B of this chapter.

(Ord. No. 21-11, § 1(Exh. A), 9-7-2021)

If the decision of the planning commission is to deny the variance, then the same property may not again be considered for the same variance until the expiration of at least six (6) months immediately following such denial.

(Ord. No. 21-11, § 1(Exh. A), 9-7-2021)

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

(Ord. No. 21-11, § 1(Exh. A), 9-7-2021)

The planning and community development director shall have the power to approve a variance from site design and development standards where the intent of this zoning code can be achieved, equal performance obtained, and the administrative variance would not override conditions of zoning assigned by the mayor and city council. The authority to grant an administrative variance shall be limited to the following approvals:

(1)

A reduction in the minimum front, side, or rear yard setbacks for a single lot, provided the following standards are met:

a.

The reduction is necessary due to the existence of any one (1) of the following factors:

1.

Geologic conditions;

2.

Topography; or

3.

Inability of the applicant to adhere to tree protection standards set forth in article E.

b.

The reduction is limited to a maximum deviation of ten (10) percent from the site design standard.

(Ord. No. 21-11, § 1(Exh. A), 9-7-2021)