Article 8 describes the process through which a rezoning or special use may be approved on a property as well as the approval process for amendments to this Ordinance. This Article also describes the processes for variances and appeals that are intended to address unusual situations or unique problems that may arise from the strict interpretation or enforcement of the Zoning Ordinance. In addition, this Article addresses the approval processes for administrative permits and other permits required by this Ordinance.

(a)

Changes made to standards contained within the Zoning Ordinance are referred to in this Article as text amendments. These changes include amendments to this Ordinance or adoption of a new Zoning Ordinance.

(b)

Text amendments may be initiated only by the South Fulton City Council or the Department of Community Development and Regulatory Affairs.

(a)

Before adopting any change to the text of the Zoning Ordinance, the City Council shall conduct a public hearing in accordance with Section 804. Prior to the City Council public hearing the text amendment shall be presented for public comment at a Community Zoning Information Meeting (CZIM) and a Planning Commission (PC) meeting.

(b)

Notice of the Planning Commission meeting (both for public comment and public hearing) and City Council hearing shall be given simultaneously at least 15 days but no more than 45 days prior to the City Council public hearing and shall be published as required by state law.

(c)

No posting of signs or mailing of notification letters is required, unless otherwise required by law.

(d)

When the Planning Commission or the City Council defers a decision on a text amendment, renotification is not required.

(Ord. No. 2023-010, § 1, 4-25-2023)

(a)

An application to rezone property or request special use approval may be initiated by the property owner on forms available from the Community Development and Regulatory Affairs Department or by the City Council by way of an ordinance.

(b)

Special use requests shall require a separate application when included with a petition for rezoning. Each requested use for which special use approval is required shall be charged a standard special use fee and assigned a special use number which will be listed on the application for rezoning.

(c)

At any time, the City Council may initiate an ordinance for rezoning or special use.

(d)

Except for applications provided for in subsection (c), after final City Council action has been taken on an application for rezoning and/or special use, no application for any rezoning or special use affecting the same property or any part thereof shall be filed or accepted within nine months.

(Ord. No. 2022-015, § 1, 5-25-22)

Prior to the filing of a rezoning or special use application, the owner or his/her representative is required to schedule a Pre-Application Conference with the Community Development and regulatory affairs Department Staff to review applicable regulations that apply to the proposal and to discuss potential issues. The date of the pre-application meeting shall be noted on the application for rezoning or special use.

(Ord. No. 2023-010, § 2, 4-25-2023)

(a)

A complete rezoning or special use application shall be submitted in accordance with the advertised filing deadlines.

(b)

The Community Development and Regulatory Affairs Director may extend the filing deadline by two days with a letter of explanation from the applicant justifying the delay of submittal.

(c)

An incomplete petition will not be accepted.

(a)

Withdrawal prior to advertising. If an application has not been advertised for public hearing, a written request for withdrawal with the reason for the request shall be made to and accepted by the Community Development and Regulatory Affairs Director. No refunds of petition fees will be made.

(b)

Withdrawal after advertising. After an application has been advertised for public hearing, it may only be withdrawn by the City Council at the public hearing. A withdrawal shall not be deemed final action and shall not bar submission of a new application. A written request for withdrawal with the reason for the request shall be made to the Community Development and Regulatory Affairs Director.

(a)

Before adopting any rezoning or special use, the City Council shall hold a public hearing. Prior to the City Council public hearing, the rezoning and/or special use application shall be presented for public comment at a Community Zoning Information Meeting (CZIM) and a Planning Commission meeting. All public hearings shall be conducted in accordance with Section 804.

(b)

Notice of the Planning Commission and City Council hearings shall be given simultaneously at least 15 days but not more than 45 days prior to the date of the City Council public hearing and shall be published as required by State law. Renotification is not required when a petition is deferred by the City Council.

(c)

The applicant or agent shall post a sign as issued by the City in a conspicuous location on each public street frontage of the subject property not later than 8:30 a.m. on the 20th day prior to the Planning Commission Hearing.

(d)

The sign shall be mounted and posted as specified by the City. Property that is not posted on the 20th day before the scheduled first hearing date will be administratively removed from the agenda.

(e)

When the Planning Commission or the City Council defers a petition, the applicant is required to post an updated sign with new hearing dates 20 days prior to the next scheduled hearing date. When a petition is deferred by the City Council for less than 20 days, posting an updated sign is not required.

(f)

The Community Development and Regulatory Affairs Department, or other responsible party as determined by the Director, shall give notice by regular mail to all property owners within 5,280 feet of the boundaries of the subject property who appear on the tax records of the City of South Fulton as retrieved through the City's Geographic Information System. The Director or designee shall have the authority to reduce this requirement to all property owners within 1,320 feet for residential applications and requests affecting a single lot. The notices shall be mailed a minimum of 15 days prior to the hearing date. Renotification by mail is not required when a petition is deferred by the City Council.

(g)

The published and mailed notices shall contain the time, place, and purpose of the hearing, the location of the property, and the present and proposed zoning classifications and/or requested special use approval. The posted sign shall include all of the items required in the published notice except the location of the property. Notice shall not be considered inadequate if the mail is not delivered.

(h)

Before adopting any city-initiated rezoning or amendment to the text of the zoning ordinance, resulting in the revision of 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 property owners to deviate from the existing zoning requirements of a single-family residential zoning, shall be adopted in accordance with the notice and hearing requirements contained in O.C.G.A. § 36-66-4(h), as amended.

(Ord. No. 2021-025, § 1, 11-9-2021; Ord. No. 2023-010, § 3, 4-25-2023)

Any proposed rezoning or special use must be reviewed by both the Planning Commission and the City Council. For any such proposed zoning change, the City Council shall have the Planning Commission prepare an evaluation of each such proposal considering each of the factors in this Section, upon which findings of fact shall be based.

(a)

Standards for review of proposed rezonings.

(1)

The existing land uses and zoning classification of nearby property;

(2)

The suitability of the subject property for the zoned purposes;

(3)

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

(4)

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

(5)

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

(6)

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;

(7)

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

(8)

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

(9)

Whether the property to be affected by the zoning proposal has a reasonable economic use as currently zoned;

(10)

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

(11)

Whether the zoning proposal is in conformity with the policies and intent of the Comprehensive Plan;

(12)

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; and

(13)

Whether the zoning proposal will permit a use which can be considered environmentally adverse to the natural resources, environment and citizens of South Fulton.

(b)

Standards for review of proposed special uses.

(1)

Is the proposed use consistent or inconsistent with the Comprehensive Plan?

(2)

Is the proposed use consistent with supplemental plans adopted by the City Council, such as/or revitalization or economic development plans?

(3)

Is the proposed use compatible with adjacent land uses and zoning districts?

(4)

Does the proposed use violate local, state and/or federal statutes, ordinances or regulations governing land development?

(5)

What is the effect of the proposed use on vehicular and pedestrian traffic flow and safety, along adjoining streets?

(6)

Is the open space adequate to preserve the character of the area and reduce environmental impacts?

(7)

Is the screening adequate to protect adjacent uses from any negative impacts of the proposed use?

(8)

Can outdoor lighting be used so as not to interfere with surrounding uses?

(9)

Are the hours and manner of operation of the proposed use compatible with surrounding uses?

(10)

Does ingress and egress to the property reduce negative impacts of the proposed use or enhance safety?

(11)

Will the number, size and type of signs proposed for the site have any negative impact on traffic or surrounding property uses?

(12)

Are off-street parking spaces adequate? Will they be properly located to reduce any negative impact on surrounding property uses?

(13)

Does the use have sufficient space to operate its activities?

(14)

Are there any negative environmental impacts which should be considered, for example, topography, special geological features, soil, water runoff, air pollution, water pollution or contamination, wetlands, etc.?"

(15)

Availability of other land suitable for proposed use and effect on balance of land uses;

(16)

Effect on character of the neighborhood;

(17)

Suitability of proposed uses;

(18)

Effect on ad jacent property;

(19)

Economic use of current zoning;

(20)

Other conditions.

(Ord. No. 2021-035, § 1, 12-21-2021; Ord. No. 2021-038, § 1, 12-21-2021)

(a)

All rezoning and special use applications filed by a property owner shall include the following items listed in this Section with the required number of copies of each as prescribed by the Community Development and Regulatory Affairs Director.

(b)

Specific requirements for certain items that are listed below follow this Section.

(1)

Pre-application review form;

(2)

Signed and notarized petition with original signatures;

(3)

Legal description;

(4)

Letter of intent;

(5)

Political contribution disclosure form;

(6)

Site plan which meets the requirements specified in Section 803.08;

(7)

Site plan checklist which indicates compliance with site plan requirements specified in Section 803.08;

(8)

Zoning Impact Analysis for rezoning petitions;

(9)

Public Participation Plan;

(10)

Public Participation Report;

(11)

Environmental Site Analysis;

(12)

Environmental Impact Report, if applicable;

(13)

Noise Study Report, if applicable;

(14)

Traffic study, if applicable;

(15)

Metropolitan River Protection Act pre-review letter, if applicable;

(16)

Development of Regional Impact review form, if applicable;

(17)

Other documents as identified in the pre-application review;

(18)

Copy of deed(s); and

(19)

Non-fundable filing fee.

(a)

Site plans must be folded, drawn to scale, no larger than 30" x 42", and shall, at a minimum, include the following information

(1)

Key and/or legend and site location map with North arrow;

(2)

Boundary survey of subject property which includes dimensions along property lines that match the metes and bounds of the property's written legal description and clearly indicates the point of beginning;

(3)

Acreage of subject property;

(4)

Location of land lot lines and identification of land lots;

(5)

Existing, proposed new dedicated and future reserved rights-of-way of all streets, roads, and railroads adjacent to and on the subject property;

(6)

Proposed streets on the subject site;

(7)

Posted speed limits on all adjoining roads;

(8)

Current zoning of the subject site and adjoining properties;

(9)

Existing buildings with square footages and heights (stories), wells, driveways, fences, cell towers, and any other structures or improvements on the subject property;

(10)

Existing buildings with square footages and heights (stories), wells, driveways, fences, cell towers, and any other structures or improvements on adjacent properties within 400 feet of the subject site based on the City's aerial photography or an acceptable substitute as approved by the CDRA Director;

(11)

Location of proposed buildings (except single family residential lots) with total square footage;

(12)

Layout and minimum lot size of proposed single family residential lots;

(13)

Topography (surveyed or City) on subject site and adjacent property within 200 feet as required to assess runoff effects;

(14)

Location of overhead and underground electrical and pipeline transmission/conveyance lines;

(15)

Required and/or proposed setbacks;

(16)

100-year flood plain horizontal limits and flood zone designations as shown on survey or FEMA FIRM maps;

(17)

Required landscape strips, undisturbed buffers, and any other natural areas as required or proposed;

(18)

Required and proposed parking spaces;

(19)

Loading and unloading facilities;

(20)

Lakes, streams, and waters on the state and associated buffers;

(21)

Proposed stormwater management facilities;

(22)

Community wastewater facilities including preliminary areas reserved for septic drain fields and points of access;

(23)

Availability of water system and sanitary sewer system;

(24)

Tree lines, woodlands and open fields on subject site;

(25)

Entrance site distance profile assuming the driver's eye at a height of 3.5 feet (See South Fulton Subdivision Regulations);

(26)

Wetlands shown on the City's GIS maps or survey; and

(27)

Airport noise contours on those properties within the FAR Part 150 Airport Noise Contour Map.

(b)

A request for relief from any of the site plan requirements above may be submitted in writing to the Director of Community Development and Regulatory Affairs for approval prior to the filing deadline. The request should clearly state the reasons for the request. Projects subject to DRI reviews and other large projects that will be phased shall be required to revise the site plan for each phase of the development to comply with the above standards through a zoning modification in accordance with Section 804.05.

A written documented analysis of the impact of the proposed zoning or special use with respect to each of the matters enumerated in Section 803.06 is required at the time of filing the application for rezoning or special use approval.

(a)

Purpose. The purpose of the Public Participation Plan is to ensure that applicants pursue early and effective public participation in conjunction with their rezoning, special use, and zoning modification applications ensure that the citizens of South Fulton have an adequate opportunity to learn about applications that may affect them, and to ensure ongoing communication between applicants, adjoining property owners, environmentally stressed communities, community associations and other organizations, elected officials and City staff.

(b)

General requirements.

(1)

Applicants are required to submit a Public Participation Plan for meeting with interested citizens to advise of pending rezoning, special use, and zoning modification applications and to allow citizens the opportunity to discuss concerns and provide input about project design or development.

(2)

An applicant's responsibilities are to inform the public, solicit input, and provide a summary of these activities in the form of a written report (Public Participation Report).

(3)

A target area for public participation should be determined by the applicant and the Community Development and Regulatory Affairs Director at the time of the pre-application review.

(4)

Public Participation Plans must be filed simultaneously with rezoning and/or special use or zoning modification applications.

(5)

The requirement for a Public Participation Plan does not give communities decision making powers or force a consensus on issues. Applicants shall be open to concessions or changes based upon input from citizens. A refusal by the community to meet with applicants does not mean that the applicants fail to meet the requirements of the Public Participation Plan.

(6)

Dialogue should occur between applicants and communities before the Planning Commission hearing, with the exception that for zoning modifications the dialogue should occur before the City Council hearing.

(c)

The minimum requirements for Public Participation Plans shall contain the following information:

(1)

Identification of all property owners within 5,280 feet of the site and area homeowners' associations, environmentally stressed communities, political jurisdictions, and any other public agencies or organizations which may be affected by an application as determined by the applicant and the Community Development and Regulatory Affairs Director at the time of the pre-application review.

(2)

Explanation of how interested parties will be informed of rezoning, special use, or zoning modification applications.

(3)

Methods for providing opportunities for discussion with interested parties before public hearings are held.

(4)

Identification of meeting(s) location. Applicants are required to schedule at least one meeting at a location approved by the Community Development and Regulatory Affairs Director. A list of public participation meeting sites in each Council district shall be made available to applicants. The applicant shall notify all interested parties, as identified in 1. above, of the purpose, place and time of the meeting.

(5)

Applicant's schedule for completion of the Public Participation Plan.

(d)

Public Participation Reports are required in accordance with the following:

(1)

Participation Plan Reports are required to be submitted to the Community Development and Regulatory Affairs Department before the scheduled 'Planning Commission hearing in accordance with the schedule presented by CDRA Staff at the time of application, with the exception that for zoning modifications, the Report is required to be submitted prior to the City Council hearing. If the report is not submitted as required, the Planning Commission or City Council, as applicable, may defer an application.

(2)

This report shall be made a part of the official file and a summary will be provided to the Planning Commission and City Council.

(3)

The applicant shall provide the following information in a Participation Plan Report:

a.

A list of all parties that were contacted, the methods of notification that were used, and copies of all notification letters.

b.

Dates and locations of all community and/or other meetings that were attended by the applicant to discuss an application. (attach meeting notices, letters, etc.)

c.

The number of people who participated in meetings held to discuss an application. (attach sign-in sheets with name, address and contact information for attendees)

d.

A summary of concerns and issues expressed by interested parties.

e.

A summary of the applicant's response to concerns and issues.

(Ord. No. 2021-025, § 2, 11-9-2021)

An Environmental Site Analysis and/or an Environmental Impact Report shall be filed with the rezoning or special use application per the following.

(a)

Environmental Site Analysis (ESA). All rezoning and/or special use applications shall include an Environmental Site Analysis to identify environmental conditions on the site to determine if the proposed use may be considered environmentally adverse. The ESA shall detail the following:

(1)

The presence or absence of the following and does the project encroach or adversely affect any of the following:

a.

Wetlands;

b.

Floodplains;

c.

Streams/stream buffers;

d.

Slopes exceeding 25 percent over a ten-foot rise in elevation;

e.

Vegetation (including endangered species; areas of confirmed Georgia Department of Natural Resources listed endangered species shall comply with the Federal Endangered Species Act);

f.

Wildlife species (including fish and endangered species; areas of confirmed Georgia Department of Natural Resources listed endangered species shall comply with the Federal Endangered Species Act); and

g.

Archeological/historical sites.

(2)

How the project implements the following:

a.

Protection of environmentally sensitive areas (floodplains, slopes exceeding 25 percent, river corridors);

b.

Protection of water quality;

c.

Minimization of negative impacts on existing infrastructure;

d.

Minimization of negative impacts on archeological/historically significant areas;

e.

Minimization of negative impacts on Environmentally Stressed Communities;

f.

Creation and preservation of green space and open space;

g.

Protection of citizens from the negative impacts of noise and lighting;

h.

Protection of parks and recreational green space; and

i.

Minimization of impacts to wildlife habitats.

(b)

Environmental Impact Report (EIR).

(1)

Any application for an industrial rezoning and/or special use shall include an Environmental Impact Report (EIR) to determine if the proposed use is environmentally adverse. The EIR shall detail the following:

a.

Does the Environmentally Adverse Uses section in Article 3 apply to the proposed use? If yes, does the use comply with the prescribed acceptable separation distance?

b.

Impacts on noise levels of the surrounding area;

c.

Impacts on air quality of the surrounding area;

d.

Impacts on water quality/resources including surface water, ground water, flood plains, and wetlands;

e.

Impacts on vegetation, fish, and wildlife species and habitats;

f.

Impacts of thermal and explosive hazards on the surrounding area;

g.

Impacts of hazardous wastes on the surrounding area;

h.

The report shall cite all uses and quantities of any agents listed on the Federal Environmental Protection Agency Lists of Hazardous Wastes;

i.

Minimization of negative impacts on Environmentally Stressed Communities.

(2)

The Environmental Impact Report shall detail strategies to mitigate or avoid impacts listed above as applicable.

(c)

Review criteria for ESA and/or EIR.

(1)

Environmental Site Analysis and/or Environmental Impact Reports shall be reviewed based upon the following:

a.

Whether the petition is consistent with the requirements of the, Environmentally Adverse Uses section in Article 3; and

b.

The detail provided for ESAs and EIRs as outlined in Sections 803.11(a) and 803.11(b).

(2)

The Community Development and Regulatory Department shall review the ESAs and EIRs submitted with petitions for rezoning and/or special use applications and make recommendations to the City Council with respect to the proposed use. The anticipated impact of the proposed use on an Environmentally Stressed Community will be included in the CDRA Department's recommendation.

(3)

As determined by the Community Development and Regulatory Affairs Director, Environmental Impact Reports may also be required with applications for land disturbance permits, building permits, temporary or permanent certificates of occupancy, or any other permits issued by the Department of Community Development and Regulatory Affairs.

(1)

A Traffic Impact Study is required when a rezoning or special use application equals or exceeds the thresholds indicated by the Community Development and Regulatory Affairs Department.

(2)

The study shall be prepared by a certified traffic engineer or transportation planner in accordance with professional practices and must be submitted at the time of the filing of the rezoning or special use application.

A Development of Regional Impact review is required when an application for rezoning or special use approval meets or exceeds the thresholds indicated in the Rules of Georgia Department of Community Affairs Chapter 110-12-7, Developments of Regional Impact: Alternative Requirements-Atlanta Regional Commission (ARC DRI Rules). See Section 805.

(1)

A noise study shall be performed by a state registered professional engineer or noise professional if a proposed site is located within 1,000 feet of an expressway, within 3,000 feet of an active rail line, or within five miles of the Hartsfield-Jackson International Airport boundary. An expressway is defined as a highway facility usually having two or more lanes for the exclusive use of traffic in each direction and partial control of access (i.e. I-85, I-285 and GA-400).

(2)

The noise study shall include an analysis of the proposed use with respect to existing ambient noise, that is, business and industry noise, aircraft noise, roadway noise, and construction noise.

(3)

If the noise study results in a day-night average sound level greater than 65 dBA, the applicant shall provide a sound attenuation plan specifying the type of noise buffering measures/materials to be employed during construction that will reduce the interior residential noise levels to 50 dBA or less.

(4)

The sound level readings shall be measured at a distance from the site to the noise source. The measurement should be from the source to the nearest points on the site where structures having noise sensitive uses are located. These points shall be labeled as the NAL (noise assessment locations). The measurement location for structures is a point 6.5 feet from the facade. In the event that the location of the structures has not yet been specified at the time of the noise study, then the distance used in the noise study should be measured as 6.5 feet less than the distance from the structure setback line to the major source(s) of noise. (Reference: Title 24, Housing & Urban Development, Part 51 — Environmental Criteria and Standards, Subpart B — Noise Abatement and Control, Section 51.103) Criteria and Standards (c) Exterior standards