A.

A board of zoning appeals is hereby established. Such board shall consist of five members each nominated by a member of city council and subject to approval by a majority vote of city council for overlapping terms of two years.

B.

The initial appointment of three members shall be for two years; the appointment of the remaining members shall be for one year. Each subsequent appointment shall be for two years. Any vacancy in the membership shall be filled for the unexpired term in the manner in which the initial appointment was made.

C.

Members may be removed for cause by city council following a public hearing. No member shall hold any public office in the City of Riverdale, Clayton County or any municipality abutting the city limits of Riverdale.

D.

Quorum. Three members of the board of zoning appeals shall constitute a quorum. A majority vote of the members present shall be necessary to decide an appeal or grant a variance. In deciding an appeal, the board may reverse any order, interpretation, decision or determination by the community development director being appealed by an applicant or decide any matter upon which the board is authorized to act.

E.

The board of appeals shall elect a chair and vice-chair from its membership who shall serve for one year or until re-elected or a successor is elected. The board shall appoint a secretary who may be a city officer, an employee of the city, or a member of the board of appeals. The board shall also adopt rules and bylaws.

F.

Quasi-judicial authority. The board of zoning appeals may compel witnesses to appear before the board and may accept testimony given by sworn witnesses in the conduct of a public hearing. In that regard, the board possesses authority similar to that of a court in exercising its responsibilities.

G.

Notice of decisions. The board of zoning appeals shall give written notice of its decision to all parties involved and the reasoning concerning all appeals, variances and other matters brought before the board. Such notice shall be given via certified mail return receipt requested.

(Ord. No. 7-2020, § 1(Exh. A), 10-26-20)

A.

The chair shall call public hearings before the board, decide points of order and procedure, administer oaths and compel the appearance of witnesses. In the absence of the chair, the vice-chair shall carry out these responsibilities. The board secretary shall maintain minutes of board proceedings, documenting the vote of each member upon each question and shall maintain records of board examinations and other official actions, all of which shall be immediately filed in the office of the board and shall be a public record.

B.

The board of zoning appeals shall set their own hearing schedule which shall be published.

C.

All hearings before the board of zoning appeals shall be open to the public and shall comply with the Georgia Open Meetings Act.

(Ord. No. 7-2020, § 1(Exh. A), 10-26-20)

A.

The board of zoning appeals shall hear and decide appeals where it is alleged that an error in an order, interpretation, decision or determination has been made by the community development director or other authorized official of the City of Riverdale in the enforcement of this ordinance. Any person, firm or corporation seeking to challenge a decision of the community development director pursuant to enforcement of this ordinance, and having a substantial interest in such decision, may file an appeal. Such appeal shall be made to the secretary of the board of zoning appeals by filing a written notice of appeal specifying the grounds for the appeal and the modifications to the decision being sought by the individual filing the appeal. Such filing shall be accomplished no more than 30 calendar days following receipt of written notice by the applicant of the decision being appealed. The board secretary shall provide such notice to the applicant via certified mail return receipt requested. The community development director shall transmit all documents comprising the record of the decision being appealed to the board secretary within ten business days of receipt of a notice of an appeal. Such appeal shall be heard by the board at the next available hearing date following the filing of an appeal.

B.

In exercising the above powers, the board of zoning appeals may, in compliance with the provisions of this ordinance, reverse or affirm, wholly or partly, or may modify the order, interpretation, decision or determination under appeal and to that end shall have all the authority of the community development director, including authority to direct issuance of a permit.

C.

Appeal to stay all legal proceedings. An appeal shall stay all legal proceedings concerning the decision being appealed unless the community development director certifies to the board of zoning appeals following the filing of an appeal that by reason of facts stated in the decision that a stay would, in his or her opinion, cause imminent peril to life or property. In such instances, legal proceedings shall not be stayed otherwise than by a restraining order issued by a court of competent jurisdiction on application and written notice to the community development director and upon due cause shown.

D.

Time limit on application resubmittal. An applicant shall not initiate an appeal affecting the same decision more often than once every six months.

(Ord. No. 7-2020, § 1(Exh. A), 10-26-20)

A.

The board of zoning appeals shall hear and may approve applications for variances from the standards of this ordinance as will not be contrary to the public interest where, owing to special circumstances unique to the property, strict enforcement of these standards would cause unnecessary hardship, provided that the spirit of the ordinance shall be preserved, the rights and interests of other property owners and tenants protected, public safety and welfare secured, and substantial justice served.

B.

A variance may be granted in an individual case only upon a finding by the board of zoning appeals that each of the following circumstances exist:

1.

The property is extraordinary and exceptional as concerns its size, shape or topography;

2.

Strict application of the ordinance would create a practical difficulty or unnecessary hardship and would deprive the applicant of rights commonly enjoyed by owners of similarly situated properties located within the same zoning district in which the property is located;

3.

The extraordinary and exceptional characteristics are unique to the property; and

4.

Granting of the relief sought would not cause substantial detriment to other property owners or tenants, or to the public good, nor impair the purposes this ordinance.

C.

The following additional considerations shall guide the board of zoning appeals in deciding variance applications:

1.

No variance may be granted for establishment of a use that is not specifically allowed in the zoning district assigned to the property.

2.

Relief granted is the minimum necessary to allow the legal use of the property without injury to the public interest.

3.

Nonconforming uses of other property shall not be deemed grounds justifying a variance.

4.

Financial loss to the property owner shall not by itself constitute sufficient grounds to justify a variance.

5.

The extraordinary and exceptional nature of the property is not the result of actions by the applicant.

(Ord. No. 7-2020, § 1(Exh. A), 10-26-20)

The board of zoning appeals may assign such conditions to an approval of a variance as will substantially secure the purposes of the ordinance and may also stipulate conditions to be met by the applicant that are intended to protect the health, safety, comfort, convenience and welfare of the community.

(Ord. No. 7-2020, § 1(Exh. A), 10-26-20)

Any applicant to whom a variance is granted shall be given written notice via certified mail return receipt requested specifying the variance(s) granted and any conditions or stipulations assigned to the granting of a variance.

(Ord. No. 7-2020, § 1(Exh. A), 10-26-20)

A variance shall remain in effect only as long as the zoning classification assigned to property at the time the variance was granted still applies to the property.

(Ord. No. 7-2020, § 1(Exh. A), 10-26-20)

An application for a variance affecting the same property and comprising the subject of a denial shall not be submitted more often than once every 12 months. However, an applicant may file a petition with the board of zoning appeals for a waiver of the 12-month waiting period that shall demonstrate that the circumstances of the property or that the relief sought are materially different from the original application.

(Ord. No. 7-2020, § 1(Exh. A), 10-26-20)

A.

Public notice and public hearings. The zoning procedures law mandates that local governments adopt procedures for announcing and conducting public hearings concerning zoning decisions. Public hearings before the board of zoning appeals shall be in accordance with article 13, Procedures for Zoning Decisions, sections 13.4 and 13.5.

B.

Written notice to adjacent and nearby property owners.

1.

The applicant shall give written notice by certified mail return receipt requested to all property owners within 300 feet of the boundaries of the property as appear in Clayton County tax records and as provided by the city's geographic information system. The measurement shall be performed from each boundary of the property that is the subject of a variance application.

2.

Public notices shall be mailed such that they are received a minimum of 15 calendar days and a maximum of 45 calendar days prior to the public hearing. The return receipts shall be provided to the community development director within one week of receipt.

(Ord. No. 7-2020, § 1(Exh. A), 10-26-20; Ord. No. 3-2023, § 1(Exh. A), 7-24-23)

A.

Board of zoning appeals chair to preside over the hearing. The chair shall open the public hearing by presenting the appeal or variance application to be considered. The chair shall inform the public that anyone wishing to speak at the hearing concerning the application must sign in with the secretary of the board of zoning appeals.

B.

Public hearing procedures to be available at the hearing. A copy of the procedures adopted by the City of Riverdale for conducting public hearings shall be available to the public at every public hearing.

C.

Conduct of a public hearing. Individuals wishing to speak for or against an appeal or variance application shall enter their name and address on a sign-in sheet provided by the board of zoning appeals secretary and indicate whether they are for or against the application prior to the opening of the public hearing. Proponents of an appeal or a variance application shall be given a minimum of ten minutes and a maximum of 20 minutes in which to present of data, evidence and/or opinion concerning the application and may choose to reserve a portion of that period for rebuttal. Opponents of an application shall also be given a minimum of ten minutes and a maximum of 20 minutes in which to present information to the board of zoning appeals. These minimum and maximum timeframes shall apply to each side and not to individuals wishing to speak. The board chair may grant additional time to proponents or opponents provided an equal amount of time is granted to each side. The chair shall recognize the individual parties wishing to speak at the hearing and monitor the time allotted to each speaker to present information to the board of zoning appeals. Once all parties have concluded their comments or testimony, the chair shall adjourn the public hearing.

D.

Who may appear at the hearing. Any party may appear at the public hearing in person, or by agent, or by attorney-at-law.

E.

Decision by the board of zoning appeals. The board of zoning appeals shall approve, approve with conditions, deny, or table an application for an appeal or a variance by a public vote. A decision to table an application shall include a statement by the chair as concerns the justification for such tabling and announce a specific hearing date at which time the appeal or variance application shall be reconsidered.

F.

Tabling requires a new public notice. Such tabling of an application shall cause a new public notice to be published in the legal organ of the City of Riverdale a minimum of 15, but not more than 45, calendar days prior to the new public hearing stating the date, time, location and purpose of the public hearing. The property involved in a variance application shall be reposted with a new sign or signs indicating the public hearing date, time, location and purpose of the hearing.

G.

Time limit on board decision. An appeal or variance shall be decided within a maximum of 60 calendar days of the initial public hearing.

(Ord. No. 7-2020, § 1(Exh. A), 10-26-20)

Applications for an appeal or a variance shall be filed with the board of zoning appeals secretary on forms provided by the community development director a minimum of 30 calendar days prior to the public hearing at which the application will be heard. Each application for a variance shall contain a plat drawn to scale indicating the following information:

A.

All property lines, with dimensions, at an appropriate scale;

B.

Legal description of the property;

C.

Location of all buildings and other structures, water bodies, and easements on the property;

D.

North arrow, district and land lot number; and

E.

Building setbacks or other ordinance standards from which a variance is being sought.

In the event an appeal concerns an alleged error in interpretation of a provision of the zoning ordinance, the community development director may accept an application citing the language in the text of the ordinance that is the subject of the appeal rather than submittal of a plat as provided immediately above.

(Ord. No. 7-2020, § 1(Exh. A), 10-26-20)

The applicant and any public agency or private individual shall be entitled to present evidence on matters concerning an appeal or variance before the board of zoning appeals. The board may request technical assistance, advice, data and factual evidence from the community development director to assist board member in rendering a decision concerning an appeal or a variance.

(Ord. No. 7-2020, § 1(Exh. A), 10-26-20)

No application for an appeal or a variance may be amended once public notice of the application has been given.

(Ord. No. 7-2020, § 1(Exh. A), 10-26-20)

Any person or persons jointly or severally adversely affected by a decision of the board of zoning appeals may within 30 days of the filing of the decision in the office of the board seek a review of such decision pursuant to O.C.G.A. § 36-66-5.1.

(Ord. No. 7-2020, § 1(Exh. A), 10-26-20; Ord. No. 3-2023, § 1(Exh. A), 7-24-23)

A fee schedule as adopted from time-to-time by resolution of city council shall be published and maintained by the city clerk.

(Ord. No. 7-2020, § 1(Exh. A), 10-26-20)

A.

A planning commission is hereby created as part of the government of the City of Riverdale.

B.

The membership shall consist of any combination of Riverdale residents and owners of a business located within the Riverdale city limits, provided a maximum of one business owner shall serve at any one time and provided further that the business owner shall be a resident of Clayton County.

C.

Mayor and council shall each nominate a member to serve on the commission for a total of five members; the appointment of each member shall be subject to approval by a majority vote of city council.

D.

Members of the governing body or any other appointed board, commission or committee shall not be eligible for appointment to planning commission nor shall any elected official of Clayton County or any municipality abutting the city limits of Riverdale.

E.

Each member shall serve a term of two years, or until a successor has been appointed. Initial appointments shall be for staggered terms with two members being appointed for one year, two other members being appointed for two years and the fifth member appointed for an initial term of three years to ensure that no more than two appointments expire annually.

F.

Thereafter, all appointments shall be for a full term, except to fill vacancies of unexpired terms, which appointments shall be for the unexpired period, only.

G.

Each new member shall be appointed at the first regular meeting of city council each year. All members appointed to the commission shall take the oath prescribed for city council prior to assuming their duties as commission members.

H.

A quorum necessary for the transaction of business shall consist of three members of planning commission. Matters coming before the commission shall be decided by the vote of a majority of members present, provided a hearing may only be convened when a quorum is present.

(Ord. No. 7-2020, § 1(Exh. A), 10-26-20)

Planning commission shall elect one member as chair and another member as vice-chair, at the first meeting of the commission each year. A City of Riverdale staff person shall be appointed to serve as secretary to planning commission. The secretary shall maintain minutes of all proceedings which shall be a public record.

(Ord. No. 7-2020, § 1(Exh. A), 10-26-20)

A.

Planning commission shall be authorized to forward recommendations to city council concerning the establishment of zoning districts; the use of property and manner of operation of uses; and the height, area and placement of buildings on a lot. Planning commission shall also be authorized to forward to city council recommendations concerning the future of the city as reflected in the comprehensive plan; and to propose measures that promote the public interest, health, morals, safety, comfort, convenience and welfare.

B.

Planning commission shall also be authorized to consider applications for the rezoning of property, amendments to the text of the zoning ordinance, special uses and landscape plans pursuant to section 8.9, Landscaping standards for parking lots. These functions shall be performed in the context of a public hearing with public notice consistent with the Georgia Zoning Procedures Law and article 13, Procedures for Zoning Decisions, more specifically section 13.4, Public notice of public hearings.

(Ord. No. 7-2020, § 1(Exh. A), 10-26-20)

All officials of the city administration shall render assistance to planning commission in executing the responsibilities and authority of the commission.

(Ord. No. 7-2020, § 1(Exh. A), 10-26-20)

City council may appropriate the necessary funds for implementing the mission of planning commission in such manner as city council deems appropriate.

(Ord. No. 7-2020, § 1(Exh. A), 10-26-20)

Public notice for planning commission public hearings shall be as provided in section 13.4, Public notice of public hearings.

(Ord. No. 7-2020, § 1(Exh. A), 10-26-20)

A.

Planning commission shall establish by resolution a schedule of public hearing dates at the first meeting of the commission each year which shall be published. Planning commission may choose to hold called meetings as circumstances dictate.

B.

Matters to be considered in hearings of planning commission encompass the Riverdale zoning ordinance and comprehensive plan as authorized in section 14.18, Powers and duties, generally. All hearings shall be open to the public.

C.

Minutes shall be taken at such public hearings that shall be a public record. All such public hearings shall comply with section 13.5, Public hearing procedures and the Georgia Open Meetings Act.

(Ord. No. 7-2020, § 1(Exh. A), 10-26-20)

Planning commissioners shall participate in an annual training session given by the community development director and city attorney and other city officials as appropriate to the training each year. Such training may be supplemented by training programs offered by other entities, as approved by city council.

(Ord. No. 7-2020, § 1(Exh. A), 10-26-20)

Planning commission members shall adhere to the provisions contained in the following excerpt from the Official Code of Georgia Annotated:

"Any government official, as defined in the Official Code of Georgia Annotated, Title 36 — Local Government Provisions — Provisions applicable to Counties and Municipal Corporations, Chapter 67A — Conflict of Interest in Zoning Actions, having a financial interest in any real property affected by a rezoning or consideration of a conditional use, or having a member of the family with such an interest, shall immediately disclose the nature and extent of such interest as required by Title 36, Chapter 67A."

(Ord. No. 7-2020, § 1(Exh. A), 10-26-20)