Following the scheduling and notification of public hearings in accordance with Section 803.05, public hearings will be held by the Planning Commission, Zoning Board of Appeals, and the City Council, as applicable. These hearings shall be held in accordance with the procedures of this Section.

(a)

The public hearing shall be convened at the scheduled time and place by the Chair of the Planning Commission, Zoning Board of Appeals, or the Mayor, or their designee as applicable, who shall act as the presiding official.

(b)

The presiding official may administer oaths.

(c)

All parties participating in the public hearing shall introduce only relevant evidence.

(d)

All parties participating shall have the right to present witnesses and to cross-examine witnesses.

(e)

The presiding official shall open the public hearing by stating the matter being considered at the hearing. At this time, the presiding official may summarize the public hearing procedures.

(f)

No person in attendance is to speak unless first formally recognized by the presiding official. Upon rising to speak each person recognized is to state their name and home address.

(1)

The presiding official may encourage reasonable limits on the number of persons who may speak for or against a proposal, on the time allowed for each speaker, and on the total time allowed for presentation of the application.

(2)

Reserved.

(3)

Equal time for proponents of proposed zoning decisions to present data, evidence, and opinion and for presentation by opponents of each proposed zoning decision shall be provided, such minimum time period to be no less than ten minutes per side.

(4)

Altogether, the total amount of time afforded the proponents of the application and the opponents, including rebuttal and cross-examination, shall be equal. Neither side, however, is required to use the total time available.

(g)

Background and recommendations. The Community Development and Regulatory Affairs Director shall submit the assembled record of the application. The Director shall provide such information or explanation as appropriate to the circumstances of the application.

(h)

Proponents of the application.

(1)

Persons who support the application will be asked to comment first. The applicant or their designated agent may, upon recognition and upon statement of name, address and relationship to the matter, present and explain the application. The applicant may appear in person or may be represented by an agent or counsel.

(2)

The applicant or the applicant's representative shall be required to attend the public hearing unless written notice of hardship is received prior to the hearing. Failure of the applicant or the applicant's representative to attend the public hearing, except in cases of hardship, may be due cause for the tabling of the application.

(3)

The applicant shall have the burden of proof, which shall include the presentation of evidence and the burden of persuasion of each factor necessary to receive the approval of the request.

(4)

After completion of the presentation of the applicant, other persons who support the request will be asked to comment, and will be allowed to speak in support of the request upon recognition and upon identification of the person's name, address, and relationship to the matter.

(i)

Persons opposing the application. Persons who oppose the application will next be asked to comment. Each interested person, after being recognized, and providing their name, address and relationship to the matter, shall be afforded an opportunity to speak.

(j)

Rebuttal. The applicant shall have an opportunity for rebuttal concerning the request. Rebuttal must be limited to points or issues raised by opponents to the application at the hearing.

(k)

Discussion. All public comments having been heard, the members of the Planning Commission, Zoning Board of Appeals, or the City Council, as applicable, may discuss the matter among themselves. During this discussion period, the members may call on the Community Development and Regulatory Affairs Director, any proponent or opponent, or other persons in attendance to clarify points made previously, to answer questions or to provide additional information. Such persons may respond upon recognition.

(l)

Delay, rescheduling or continuation of hearing. A public hearing on an application may be delayed, rescheduled or continued to another time and date, provided the announcement of the new time, place and date is given at the time and place of the advertised hearing, which announcement shall constitute public notice for the delayed, rescheduled or continued hearing.

(m)

Transcription.

(1)

All proceedings of the Planning Commission, Zoning Board of Appeals, or the City Council, as applicable, shall be recorded on tape or other media. The recording of the proceedings shall be retained in conformance with the City's retention schedule.

(2)

The appellant or any person in opposition to the request, at their expense, is allowed to have the public hearing transcribed by a court reporter.

(Ord. No. 2023-010, § 4, 4-25-2023)

(a)

Findings of fact.

(1)

Following the public hearing, the Planning Commission, the Zoning Board of Appeals, and the City Council, as applicable shall adopt findings of fact supporting their decision and may adopt any additional report it deems appropriate.

(2)

In order to approve an application, the Planning Commission, the Zoning Board of Appeals, and the City Council, as applicable, shall further make a finding that the reasons set forth in the application justify the granting of the application and that approval would be the minimum needed to make possible the reasonable use of the land, building or structure.

(3)

In preparing its findings of fact, the Planning Commission, Zoning Board of Appeals, and the City Council, as applicable, must consider the standards for review set forth in Section 803.06 and Section 808.09, as applicable.

(b)

Decision.

(1)

Planning Commission. Following the Planning Commission's public hearing, as Secretary to the Planning Commission, the Community Development and Regulatory Affairs Director shall prepare and submit the Planning Commission's recommendations to the City Council prior to the City Council's public hearing.

(2)

City Council. The City Council may choose to adopt or reject or modify the Planning Commission's recommendations and/or findings of facts, or the business may be tabled for additional study to the next regular council meeting.

(3)

Zoning Board of Appeals. The Zoning Board of Appeals shall decide an appeal or variance within a reasonable time but in no event more than 60 days from the date of the hearing.

(Ord. No. 2023-010, § 5, 4-25-2023)

In approving the rezoning of a property or a special use for a property, the City Council may impose conditions of approval that it deems necessary in order to make the requested action acceptable and consistent with the purposes of this Zoning Ordinance and of the zoning district(s) involved, to ameliorate negative issues identified through evaluation of the standards governing consideration of a rezoning or special use, or to further the goals and objectives of any City adopted plan.

(a)

Types of conditions.

(1)

Such conditions of approval may consist of any or all of the following:

a.

Restrictions as to what land uses or activities shall be allowed;

b.

Dedication of required rights-of-way to the City where insufficient amounts or none exist;

c.

Setback requirements from any lot line;

d.

Specified or prohibited locations for buildings, parking, loading, or storage areas or other land uses;

e.

Driveway curb cut restrictions;

f.

Maximum building heights or other dimensions;

g.

Special drainage or erosion provisions;

h.

Landscaping or planted area which may include the location, type and maintenance of plant materials;

i.

Fences, walls, berms, or other landscaping or buffering provisions or protective measures;

j.

Preservation of existing trees or planting of new trees or other vegetation;

k.

Special measures to alleviate undesirable views, light, glare, noise, dust or odor;

l.

Permitted hours of operation;

m.

Architectural style or materials;

n.

A requirement that the owner or developer must build or use the property according to a sketch plan of the property as adopted or modified by the conditions of approval;

o.

A limitation on exterior modifications of existing buildings; or

p.

Any other requirement that the City Council may deem appropriate and necessary as a condition of rezoning approval in furtherance of the public health, safety or welfare.

(2)

Such conditions of approval:

a.

Shall only be valid if they are included in the motion approving the rezoning;

b.

Shall be in effect as long as the zoning or special use is in effect;

c.

Shall be required of the property owner and all subsequent owners as a condition of their use of the property; and

d.

Shall be interpreted and continuously enforced by the Community Development and Regulatory Affairs Director in the same manner as any other provision of this Zoning Ordinance.

(3)

Project approval of a site plan or preliminary plat, a development permit or a building permit shall not be issued for a conditionally approved property until the Community Development and Regulatory Affairs Director determines that such plans or permits are in compliance with all applicable conditions of approval.

A modification is a request for relief from the conditions of zoning or special use approval when a site development proposal does not comply with approved conditions.

(a)

Zoning modification.

(1)

A zoning modification application shall be filed if an approved zoning condition cannot be met and it is determined by the Community Development and Regulatory Affairs Director that the application involves significant public interest and is in compliance with Section 808.03, Limitation on Authority.

(2)

A request to modify a condition of zoning or special use approval may be initiated by the property owner, the Planning Commission or the City Council.

(3)

New information pertinent to the subject, not previously considered, is submitted by the petitioner and the 6-month period is waived by the hearing body.

(4)

The zoning modification request shall be presented to the City Council for consideration in a public hearing.

(5)

Public notification shall follow the procedures in Section 803.05, and shall include the rezoning and/or special use case number to be modified.

(6)

Applications shall be submitted to the Community Development and Regulatory Affairs Department in accordance with the deadline schedule adopted by the City Council.

(7)

A modification application shall include a legal description of the property for which the modification is requested and a written explanation of the circumstances upon which the requested change of condition is based including the reason why development or use of the property, as approved, cannot be accomplished without the modification of a condition.

(8)

Applicants shall submit a revised site plan illustrating the requested modification. The type of modification necessary is determined by the Director of Community Development and Regulatory Affairs.

(9)

Applicants shall submit a Public Participation Plan and Report in accordance with Section 803.10.

(10)

If a zoning modification is denied, an application for the same modification item shall not be considered until at least six months has elapsed from the date of the City Council decision.

(Ord. No. 2023-010, § 6, 4-25-2023)

The following requirements are adopted as required by the Georgia Zoning Procedures Law (O.C.G.A. § 36-66-4(f)).

(1)

When a proposed rezoning or special use application relates to or will allow the location or relocation of a halfway house, drug rehabilitation center, or other facility for treatment of drug dependency, a special public hearing shall be held on the proposed request.

(2)

Such special public hearing shall be held at least six months and not more than nine months prior to the date of final action on the application by the City Council. The hearing required by this subsection shall be in addition to the public hearing required under Section 804.

(3)

The City shall give notice of such special public hearing by providing notice of the hearing in the same manner as required for public hearings under Section 803.05.

(4)

Both the posted notice and the published notice shall include a prominent statement that the proposed rezoning or special use application relates to or will allow the location or relocation of a halfway house, drug rehabilitation center, or other facility for treatment of drug dependency.

(5)

The published notice shall be at least six column inches in size and shall not be located in the classified advertising section of the newspaper.

The provisions of this Section apply to any type of official City action requested by a private party related to a development project, such as a rezoning or special use approval, hardship variance approval, master or site plan approval, or issuance of a development permit.

Any development project for which any City action is requested that meets or exceeds any of the development thresholds 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) shall be considered as qualified for review as a Development of Regional Impact (DRI).

(a)

Upon determination by the Community Development and Regulatory Affairs Director that a request for City approval qualifies for DRI review by the Atlanta Regional Commission, the Director shall contact the ARC to begin the process for DRI review, as outlined in the ARC DRI Rules.

(b)

Review by the City of the development project may proceed during the DRI process. Examples of local development review activities that may take place during the DRI process include, but are not limited to, preliminary staff administrative functions, project evaluation/assessment, community participation meetings and hearings, site visits, and Planning Commission meetings to discuss, but not vote on, the proposed local action that triggered the DRI process.

(c)

No final action by the City approving the project may be taken until the DRI process is completed.

Any appeal of, or other legal challenge to, a City Council final decision regarding a zoning decision as defined in O.C.G.A. § 36-66-3 shall be pursued as required by law.

The filing of a rezoning or special use application authorized by this Article shall operate as a stay of any enforcement proceedings by the City of South Fulton until final resolution of the application.

Uses allowable only with an "administrative permit" and the minimum standards for such uses are listed in Article 3. The standards which apply to each use must be met in order for an administrative permit to be granted.

(a)

Procedural requirements.

(1)

Each requested use for which an administrative permit is required shall be assigned an administrative permit number and charged a fee.

(2)

Any use authorized by administrative permit shall be approved and permitted by the Director of the Community Development and Regulatory Affairs Department whenever the proposed use complies fully with the requirements of the subject property's zoning district and standards as set forth in Article 3.

(3)

In certain cases, conditions are imposed by the Director of the Public Works Department with respect to roadway, water, sewer and/or other infrastructure improvements, and rights-of-way dedications which must be met.

(4)

The administrative permit shall be posted on site prior to commencement of use.

(b)

Additional restrictions.

(1)

Any use authorized by administrative permit or special use shall comply with all other City regulations, zoning district regulations, conditions of zoning approval and other regulations contained herein.

(2)

All buffers required shall have a ten-foot improvement setback in accordance with Article 4. The reduction of said setback shall be subject to the approval of the Community Development and Regulatory Affairs Director in accordance with this Article.

(3)

Whenever a standard contained in this Section is in conflict with another provision of this Ordinance, the more restrictive provision shall prevail.

(4)

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

(a)

Building permits.

(1)

Applications for building permits for single-family dwellings shall be accompanied by two copies of a plot plan.

(2)

Applications for building permits and land disturbance permits other than single-family dwellings shall respond to the plan requirements set forth by the Department of Community Development and Regulatory Affairs.

(3)

Plot plans shall be based on a boundary line survey and drawn to scale.

(4)

One copy of the plot plan shall be returned to the owner when plans have been approved by the Department of Community Development.

(5)

Plot plan shall show:

a.

The exact location of temporary and permanent pins, monuments and stakes used to mark the boundary.

b.

The exact footprint of existing and proposed buildings and their structures, and the footprint of proposed alterations and additions.

c.

The existing and proposed use of each building and other structure or part thereof,

d.

The required number of parking spaces, and their locations,

e.

Other information as may be necessary to determine compliance with this Ordinance. Inspections.

(b)

Inspections. Prior to pouring footings, the owner shall notify the Department of Community Development and Regulatory Affairs to conduct an inspection to determine that space for required setbacks are available on the site. This inspection shall, in no way, relieve the owner of total responsibility for complying with all provisions of the Zoning Ordinance.

See Article 7.

(a)

A certificate of occupancy, indicating that a building, lot and use comply with this Zoning Ordinance and applicable building codes is required.

(b)

Said certificate of occupancy shall be posted on-site where it is visible for inspection for a period of 30 days from the date of issuance.

(c)

Any owner, authorized agent, or contractor who desires to change the use of a building or structure shall first make application to the Department of Community Development and Regulatory Affairs, obtain the required permits, and obtain a certificate of occupancy prior to occupying said structure.

(d)

No developer or builder shall develop or construct a new detached or attached residential lot/house in a subdivision for rental or lease purposes by the developer, builder or any entity having a business relationship with the developer or builder in a subdivision not originally approved for rental or lease purposes. This shall be a condition to receive a certificate of occupancy.

(e)

A developer or builder seeking to obtain a certificate of occupancy for a new detached or attached residential lot/house in a subdivision governed by a Homeowner's Association shall submit an official copy of the applicable declaration of covenants to the Department of Community Development and Regulatory Affairs. This shall be a condition to receive a certificate of occupancy.

(Ord. No. 2021-022, § 1, 9-28-2021)

(a)

The purpose of this Section is to establish procedures for appealing the strict application of regulations contained in this Zoning Ordinance and conditions of zoning when those regulations impose a hardship on the development of the property, and to provide for interpretation of the text of this Ordinance and the Official Zoning Map.

(b)

Appeals are authorized herein and by the City Code of Ordinance to be considered by the Zoning Board of Appeals, City Council, and the Director of Community Development and Regulatory Affairs depending on the type of appeal and its relationship to applications for use permits or rezonings.

(a)

Hardship variance. When compliance with the requirements of this Zoning Ordinance would create a particular hardship unique to a property due to physical characteristics that are beyond the owner's control.

(1)

The types of hardship variances are listed below and described in the following sections:

a.

Primary hardship variance ("primary variance").

b.

Administrative variance.

1.

Minor variance.

2.

Administrative minor variance.

c.

Concurrent variance. When a variance from any standard of the Zoning Ordinance is filed simultaneously with a rezoning, special use, or zoning modification application.

(2)

The type of variance necessary shall be determined by the Director of Community Development and Regulatory Affairs.

(b)

Appeal from an administrative decision. When aggrieved by an action or an interpretation of the Community Development and Regulatory Affairs Director or any other City official, as defined in Article 9, made under this Zoning Ordinance.

(a)

There shall be no variances to allowed uses or accessory uses as specified in the zoning district regulations, administrative permit or zoning conditions.

(b)

There shall be no variances to the minimum lot area nor the minimum district size required in each zoning district.

(c)

There shall be no variances to the minimum lot frontage on a street as required in designated zoning districts of this Ordinance.

(d)

There shall be no modification to increase the density or change the use approved under the rezoning case except to allow for the development of a conservation subdivision.

(e)

There shall be no modification to revise a site plan that, as determined by the Director of Community Development and Regulatory Affairs results in a significant change in the approved concept. Such a site plan revision shall require rezoning pursuant to Subsection 803.08(b).

(f)

There shall be no relief or variance from the standards of this Article.

This section contains basic steps common to all variances.

(a)

Applications. All applications for variances shall be filed with the Director of Community Development and Regulatory Affairs on forms available in the CDRA Department. The type of application process necessary to accomplish the change requested by the applicant shall be the determined by the Director. The Director shall transmit the application and all documents constituting the record to the appropriate hearing body or individual.

(b)

Applications shall be submitted in accordance with the advertised filing deadlines in accordance with Section 803.03.

(c)

The Director of Community Development and Regulatory Affairs has the discretion to extend the filing deadline by two days for all applications except administrative minor and minor variance applications. A letter from the applicant explaining the delay in filing shall be submitted prior to the close of the filing deadline.

(a)

An application may be withdrawn by the applicant in writing at any time before the public hearing notice advertisement is published and/or the notice of the hearing is posted on the property.

(b)

Applications which do not require a public hearing may be withdrawn at any time before notification of a decision is mailed.

(c)

Once the public hearing has been properly advertised, the request for withdrawal of the application must be placed on the public hearing agenda and the appropriate decision-making body shall act on the withdrawal request.

At the time of application, applicants shall pay fees as established by the City Council. Fees paid are not refundable except where the Director of Community Development and Regulatory Affairs determines that an application was accepted in error, or the fee paid exceeded the amount due, in which case the amount of the overpayment will be refunded to the applicant.

The filing of an appeal authorized by this Section 808 shall operate as a stay of any enforcement proceedings by the City of South Fulton until final resolution of the appeal.

(a)

A primary variance is a request for a variance from any Zoning Ordinance provision that is not being handled as a minor, administrative minor, or concurrent variance and shall be heard and decided by the Zoning Board of Appeals in accordance with Section 808.09.

(b)

A request for a primary variance may be initiated by the property owner of the subject property or its agent.

(c)

Primary variances may be considered in all districts except CUP.

Primary variances shall only be granted by the Zoning Board of Appeals and concurrent variances shall only be granted by City Council upon showing that, owing to special conditions, a literal enforcement of the provisions of this Ordinance would result in unnecessary hardship and such approval will not be contrary to the public interest. A variance from the terms on this Ordinance shall not be granted unless a written application is submitted demonstrating:

(a)

The application of the particular provision of the Zoning Ordinance to a particular piece of property, due to extraordinary and exceptional conditions pertaining to that property because of its size, shape, or topography, would create an unnecessary hardship for the owner while causing no detriment to the public;

(b)

That special conditions and circumstances exist which are peculiar to the land, structure, sign, or building involved and which are not applicable to other land, structures, or buildings in the same district;

(c)

That literal interpretation of the provisions of this Zoning Ordinance would deprive the applicant of rights commonly enjoyed by other properties within the same district under the terms of this Ordinance;

(d)

That the special conditions and circumstances do not result from the actions of the appellant;

(e)

That granting the variance requested will not confer on the appellant any special privilege that is denied by this Zoning Ordinance to other lands, structures or buildings in the same district;

(f)

That the request is limited to the extent necessary to alleviate the unnecessary hardship and not as a convenience to the appellant nor to gain any advantage or interest over similarly zoned properties; and

(g)

Relief, if granted, would be in harmony with, or, could be made to be in harmony with, the general purpose and intent of the Zoning Ordinance.

The Director of Community Development and Regulatory Affairs shall have the authority to consider and decide on the following administrative variances in accordance with Section 808.11 below. Such administrative action shall be made within 15 days of receipt of a complete application filed by the property owner of the subject property or its agent.

(a)

Minor variance. The Director of Community Development and Regulatory Affairs is authorized to consider an administrative variance whenever:

(1)

There is a request for the alteration of the ten-foot improvement setback required along all buffers as required in the conditions of zoning and/or in requirements for minimum landscape strips and buffers in Article 4;

(2)

There is a request up to a ten percent reduction in the number of required parking spaces;

(3)

There is a request to approve changes as specified in Article 5, Overlay Districts; or

(4)

There is a request to grant a variance from the minimum yard requirements, not to exceed ten percent of such requirement.

(b)

Administrative minor variance. The Director of Community Development and Regulatory Affairs may grant an administrative minor variance up to one foot from any minimum yard requirement.

An administrative variance may be granted by the Community Development and Regulatory Affairs Director upon findings that:

(a)

The relief, if granted, would not cause substantial detriment to the public good; and,

(b)

Would not be injurious to the use and enjoyment of the environment or of other property in the immediate vicinity; and,

(c)

Would not diminish and impair property values within the surrounding neighborhood; and,

(d)

Would not impair the purpose and intent of the Zoning Ordinance.

(a)

Concurrent variances; generally.

(1)

The City Council may consider a concurrent variance from any standards of the Zoning Ordinance which shall be filed simultaneously with rezoning, special use or zoning modification requests on the same property based on the conceptual plan submitted with the petition for the same agenda.

(2)

The Planning Commission shall also hear and make recommendations on concurrent variances filed with rezonings or special use applications.

(3)

The City Council shall consider such concurrent variance requests in accordance with the standards set forth in Section 808.09. Public notification shall be in accordance with Sections 808.15(a) and 803.05.

(b)

Limitations on concurrent variances.

(1)

The City Council may only consider variance requests as part of, or in conjunction with, a rezoning, special use, or zoning modification application.

(2)

If an application for a variance to the Zoning Board of Appeals duplicates a concurrent variance request denied by the City Council, such an application shall not be accepted by the Director of Community Development and Regulatory Affairs prior to the expiration of six months from the date of the City Council denial of the variance request. A variance request to the Zoning Board of Appeals cannot be considered simultaneously with the same variance request pending before the City Council.

(c)

Application for concurrent variances.

(1)

Applications for a concurrent variance shall be submitted to the Director of Community Development and Regulatory Affairs in accordance with the filing deadline for the parent petition of either a rezoning, special use, or zoning modification request in accordance with Section 803.03.

(2)

A regular variance fee shall be charged and the application shall comply with all advertising and notification requirements specified in Section 802.02. One notice sign may serve for both the rezoning, special use, zoning modification, and concurrent variance request as long as the sign is marked to indicate all actions which are pending.

(3)

The variance case file number for each concurrent variance requested shall be included on the rezoning or special use application.

(a)

A public hearing shall be conducted by the stated hearing body of each appeal application before taking action thereon.

(b)

The public hearing shall be conducted in accordance with Section 804, Conducting a Public Hearing; Decisions.

(Ord. No. 2023-010, § 7, 4-25-2023)

(a)

The hearing body shall have before it, at the time of hearing, a report from the Director of Community Development and Regulatory Affairs which shall summarize the hardship or justification reported by the applicant as related to the application, background information for the application, and any other information requested by the hearing body. The hearing body shall, hear, analyze, consider, and make a written report of its decision in accordance with Section 808.17, Notice of Decision.

(b)

For proposed variances from the maximum building height requirements of this Ordinance, evaluation criteria will include the proposed building location, surrounding land uses and building heights, and the vision for the subject property and surrounding area as described in the Comprehensive Plan. In addition, input from the Fire Marshal, Building Official, and the Federal Aviation Administration (FAA) will be evaluated for proposals that would result in buildings higher than 60 feet or five stories.

(a)

Applications requiring a public hearing.

(1)

For those applications requiring a public hearing (primary variances, concurrent variances, and appeals from administrative decisions), the Director of Community Development and Regulatory Affairs shall:

a.

Publish notice of the public hearing in a newspaper of general circulation at least 30 days, prior to the public hearing at which an application will be heard. The published notice shall contain the time, place and purpose of the hearing and the location of the property if applicable. Renotification is not required when a petition is deferred by the City Council or the Zoning Board of Appeals.

b.

The applicant or agent shall post a sign as issued by the Community Development and Regulatory Affairs Department in a conspicuous location on each public street frontage of the subject site, at least 20 days, but not more than 45 days, prior to the public hearing at which an application will be heard.

c.

The sign shall be mounted and posted as specified by the Community Development and Regulatory Affairs Department. Property that is not posted on the 20th day before the scheduled hearing date will be administratively removed from the agenda. The sign will remain posted on-site until final action by the appropriate hearing body is taken.

d.

When the Zoning Board of Appeals 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 the City Council defers a petition, an updated sign is not required.

e.

The posted sign shall contain the date, time, place and purpose of the hearing.

(2)

Notice of the public hearing shall be postmarked 30 days prior to the hearing date and shall be given by regular mail to all property owners within 1,320 feet of the boundaries of the property who appear on the current tax records of South Fulton as retrieved by the City's Geographic Information System. Renotification is not required when a petition is deferred by the City Council or the Zoning Board of Appeals.

(b)

Applications for minor and administrative minor variances. Notification shall be provided as follows:

(1)

Minor Variance: Notice shall be published in a newspaper of general circulation at least 30 days prior to the hearing. The owner of the property that is the subject of the proposed action, and the owners of property adjacent and contiguous across the right-of-way of the subject site shall be notified in accordance with Section 808.15(a)(2) above.

(2)

Administrative Minor Variance: Notice shall be published in a newspaper of general circulation at least 30 days prior to the hearing. The owner of the property that is the subject of the proposed action shall be notified in accordance with Section 808.15(a)(2) above.

(Ord. No. 2023-010, § 8, 4-25-2023)

The City Council, Zoning Board of Appeals, and the Director of Community Development and Regulatory Affairs in considering variance applications under this Article shall do one of the following:

(a)

Approve or partially approve.

(b)

Approve and impose conditions related to the application being considered.

(c)

Deny.

(d)

Hold for further study not less than 30 days.

Written notice of all decisions shall be placed in the official case file and shall be forwarded to the applicant by regular mail within seven working days from the date of the decision by the following authority:

(a)

The Community Development and Regulatory Affairs Department shall provide written notification of the Zoning Board of Appeals' decisions;

(b)

The Director of the Community Development and Regulatory Affairs Department shall, with respect to minor variances and administrative modifications provide written notification of such decisions. The approval of a building permit shall constitute notice of approval for an administrative minor variance; and

(c)

The Clerk to the City Council shall, with respect to concurrent variances, provide written notification of the City Council's decision.

(a)

If a variance is denied by an authorized department director, City Council or the Zoning Board of Appeals, an application for the same variance or modification item shall not be considered until:

(1)

At least six months has elapsed from the date of the decision; or

(2)

New information pertinent to the subject, not previously considered, is submitted by the petitioner and the six-month period is waived by the hearing body.

(b)

If an application is denied by the Community Development and Regulatory Affairs Director, the applicant may appeal the decision in accordance with Section 808.19 below.

(a)

The Zoning Board of Appeals shall consider appeals of administrative variance decisions and interpretations made by the Community Development and Regulatory Affairs Director or other City official authorized to grant a variance request or interpretation.

(b)

A request for an interpretation of a decision of the Director of Community Development may be requested by any individual.

(c)

An appeal from an administrative variance decision may be initiated by the property owner of the subject property or its agent.

(d)

Such appeals shall be brought within 30 days from the date of the action or interpretation appealed from, by filing the appeal in writing with the Community Development and Regulatory Affairs Director specifying the grounds of the appeal. The Director shall transmit a notice of said appeal to the Zoning Board of Appeals specifying the grounds thereof.

(e)

The Zoning Board of Appeals may take the following actions:

(1)

Affirm an order, requirement, or decision, wholly or partly.

(2)

Reverse an order, requirement, or decision, wholly or partly.

(3)

Present an interpretation of the text in the form of a statement of clarification. Such statement shall not contain substitute language, but shall rely upon language and definitions contained in this Ordinance and definitions contained in Merriam-Webster Collegiate Dictionary, eleventh edition or later edition.

(a)

The decision of the Zoning Board of Appeals is a final decision; therefore, any appeal of such a decision shall be pursued by petition for review filed with the Fulton County Superior Court within 30 days of the date of the decision.

(Ord. No. 2023-010, § 9, 4-25-2023)