(a)

This article is intended to provide certain procedures to govern:

(1)

Processing of various applications for zoning use approval, rezoning, variances, comprehensive plan text amendments, comprehensive plan map amendments, special land use permits, administrative variances, and major and minor modifications to conditions of zoning.

(2)

The calling and conducting of public hearings pertaining to said applications.

(3)

Establishing criteria for making decisions on such applications.

(b)

The mayor and city council, planning commission, and zoning board of appeals shall comply with all applicable provisions of state law, now and as they may be amended hereafter, including, but not limited to, state law concerning open records, open meetings and records retention.

(Ord. No. 2016-06-07, att. (7.1.1), 7-11-2016; Ord. No. 2017-03-57, § 6(A), 3-27-2017; Ord. No. O2020-03-07, exh. A, 3-23-2020; Ord. No. O2024-07-12, Exh. A, 8-12-2024)

(a)

Planning and zoning director. The provisions of this zoning ordinance shall be administered by the planning and zoning director, in conjunction with the planning commission, the zoning board of appeals and the mayor and city council as set forth herein. The specific duties of the planning and zoning director shall include, but not be limited to, the following:

(1)

Accepting and processing applications for zoning map amendments (rezonings), special land use permits, zoning certifications, continuances of nonconforming uses, text amendments to the zoning ordinance, modifications of zoning conditions, variances, residential lot divisions, amendments to the map and text of the comprehensive plan, or any other such business as may be scheduled for public hearing by the planning commission, zoning board of appeals, or mayor and city council.

(2)

Researching facts and preparing reports and recommendations for the planning commission and the mayor and city council for such applications. Such reports shall be in writing and shall be made a part of the public record.

(3)

Researching facts and preparing reports and recommendations regarding variances and appeals of error, or any other business as may be scheduled for public hearing by the zoning board of appeals.

(4)

Maintenance of permanent records concerning the administration of this zoning ordinance and comprehensive plan, including all maps, amendments, records of public hearings, and any other business of the planning commission and zoning board of appeals.

(5)

Review of applications for permits and licensing to ensure conformity with the requirements of this zoning ordinance and other relevant ordinances.

(6)

Upon written request by the property owner or owner's authorized agent and payment of a fee established by the mayor and city council, the planning and zoning director may issue a certificate verifying the current zoning of a parcel of land, or a letter confirming a legal nonconforming status.

(7)

Administratively correct the official zoning map after a graphic or scrivener error has been identified.

(8)

Other duties as authorized in this zoning ordinance, including, but not limited to, the rendering of administrative decisions authorized by division 6 of this article.

(b)

Reserved.

(c)

Planning commission.

(1)

Established. There is hereby established a planning commission which shall consist of seven members, all shall be residents of the city. Planning commission members serve two-year terms or until their successor is appointed and qualified.

(2)

Removal. A planning commissioner may be removed at any time for failure to attend three consecutive meetings or for failure to attend 75 percent or more of the meetings within any calendar year or by the mayor and city council for any other good cause related to performance of duties. It shall be the duty of the secretary of the planning commission to keep a record of the attendance of members and to notify both the planning commissioner and the mayor and city council when any planning commissioner is removed pursuant to the failure to attend meetings requirement of this section. No hearing before the mayor and city council is allowed for a removal for a violation of the failure to attend meetings requirement. Such removal shall be effective ten days following notification by the secretary of the planning commission to the mayor and city council. Upon request of the planning commissioner proposed for removal for cause other than for a failure to attend meetings, the mayor and city council shall hold a hearing on the removal before it becomes effective. A removal for cause other than for a failure to attend meetings shall require a majority vote of the mayor and city council. Planning commissioners may be reappointed to successive terms without limitation. Any vacancy in the membership of the planning commission shall be filled for the unexpired term in the same manner as the initial appointment. Members of the planning commission shall hold no other city office or city compensated position. If a planning commission member moves outside the city that action shall constitute a resignation from the planning commission, effective immediately.

(3)

Compensation. The governing authority shall determine the amount of compensation, if any, to be paid to the members of the planning commission.

(4)

Planning commission to hold public hearing and make recommendation on all proposed amendments. No amendment to the text of this article, the official zoning map, or the comprehensive plan text or maps shall become effective unless the subject matter of the amendment has been submitted to the planning commission for public hearing and recommendation pursuant to the requirements of this article.

(5)

Planning commission to adopt rules of procedure. The planning commission shall conduct its meetings in accordance with the procedures contained in this article. The planning commission shall further adopt rules of procedure governing the conduct of its meetings; which rules shall be supplemental to and not conflict with this article. In any case where the rules do not address a procedural issue which arises before the planning commission, the most recent edition of Robert's Rules of Order, Newly Revised, shall govern. The planning commission may from time to time amend its rules by majority vote. A copy of the adopted rules of procedure and any subsequent amendment thereto shall be filed by the secretary of the planning commission and the mayor and city council, and copies of the rules shall be made available to the public by the secretary of the planning commission.

(6)

Quorum, voting, and actions by board. A quorum of the planning commission shall consist of at least four members of the commission; but no official action shall be taken except upon the affirmative vote of at least four members of the planning commission. A roll call vote shall be taken upon the request of any member. If there is not a quorum present, all items shall be rescheduled and re-advertised for the next regular meeting.

(7)

Annual organizational meeting. At its first regular meeting of each year, the planning commission shall, by majority vote of its membership elect one of its members to serve as chairperson to preside over the commission's meetings and one member to serve as vice-chairperson. The persons so elected shall serve in these capacities for terms of the calendar year or until a replacement is elected. Vacancies may be filled for the unexpired terms only by majority vote of the planning commission membership. The chairperson and vice-chairperson may take part in all deliberations and vote on all issues. The chairperson and the vice-chairperson may each be elected to successive terms without limitation.

(8)

Secretary of planning commission; staff support. The planning and zoning director or their designee shall serve as secretary of the planning commission. The planning and zoning department staff shall provide support to the planning commission as reasonable and necessary to accomplish said commission's duties. The planning and zoning department staff shall provide the members of the planning commission with all information submitted to, or generated by, city staff on each proposed amendment the planning commission considers, including, but not limited to, a copy of the application and the proposed amendment. The planning and zoning department staff shall keep minutes of the proceedings of the planning commission, showing the vote of each member upon each item, or, if a member is absent or fails to vote, indicating such fact, and shall keep records of the planning commission official actions and evidence submitted, all of which shall be filed in the office of the planning and zoning department and shall be a public record.

(d)

Zoning board of appeals.

(1)

Established. There is hereby established a zoning board of appeals which shall consist of seven members, each of whom shall be a resident of the city. Zoning board of appeals members serve two-year terms or until their successor is appointed and qualified. A member of the zoning board of appeals may be removed at any time for failure to attend three consecutive meetings or for failure to attend 75 percent or more of the meetings within any calendar year or by the mayor and city council for any other good cause related to performance of duties. It shall be the duty of the secretary of the zoning board of appeals to keep a record of the attendance of members and to notify both the zoning board of appeals member and the mayor and city council when any zoning board of appeals member is removed pursuant to the failure to attend meetings requirement of this section. No hearing before the mayor and city council is allowed for a removal for a violation of the failure to attend meetings requirement. Such removal shall be effective ten days following notification by the secretary of the zoning board of appeals to the mayor and city council. The mayor and city council shall have the authority to remove zoning board of appeals appointee for cause, other than for failure to attend meetings, by providing written notice to the secretary and the zoning board of appeals member proposed to be removed. Upon request of the zoning board of appeals member proposed for removal for cause other than for a failure to attend meetings, the mayor and city council shall hold a hearing on the removal before it becomes effective. Members of the zoning board of appeals may be reappointed to successive terms without limitation. Any vacancy in the membership of the zoning board of appeals shall be filled for the unexpired term in the same manner as the initial appointment. Members of the zoning board of appeals shall hold no other city office or city compensated position. If a member of the zoning board of appeals moves outside the city, that action shall constitute a resignation from the zoning board of appeals, effective immediately.

(2)

Compensation. The governing authority shall determine the amount of compensation, if any, to be paid to the members of the zoning board of appeals.

(3)

Meetings of the zoning board of appeals. The zoning board of appeals shall meet at a standard day and time to be determined by the board. The chairperson may, when necessary, call for special meetings of the board. A meeting may be canceled by the chairperson if there are no matters to be acted upon by the board.

(4)

Rules of procedure. The zoning board of appeals shall conduct its meetings in accordance with the procedures contained in this article. The board shall further adopt rules of procedure governing the conduct of its meetings, which rules shall be supplemental to and not conflict with this article. In any case where the rules do not address a procedural issue which arises before the board, the most recent edition of Robert's Rules of Order, Newly Revised, shall govern. The board may from time to time amend its rules by majority vote. A copy of the adopted rules of procedure and any subsequent amendment thereto shall be filed by the secretary of the zoning board of appeals with the clerk to the mayor and city council, and copies of the rules shall be made available to the public by the secretary of the zoning board of appeals and the clerk to the mayor and city council.

(5)

Hearings open to public. All meetings of the zoning board of appeals shall be open to the public, and the agenda for each board meeting shall be made available to the public prior to any meeting of the board. Notice of all meetings of the zoning board of appeals shall be given in accordance with section 46-1526.

(6)

Quorum, voting, and actions by board. A quorum of the zoning board of appeals shall consist of at least four members of the board; but no official action shall be taken except upon the affirmative vote of at least four members of the zoning board of appeals. A roll call vote shall be taken upon the request of any member. If there is not a quorum present, all items shall be rescheduled and re-advertised for the next regular meeting.

(7)

Annual organizational meeting. At its first regular meeting of each year, the zoning board of appeals shall, by majority vote of its membership elect one of its members to serve as chairperson to preside over the board's meetings and one member to serve as vice-chairperson. The persons so elected shall serve in these capacities for terms of the calendar year or until a replacement is elected. Vacancies may be filled for the unexpired terms only by majority vote of the board membership. The chairperson and vice-chairperson may take part in all deliberations and vote on all issues. The chairperson and the vice-chairperson may each be elected to successive terms without limitation.

(8)

Staff support. The planning and zoning director or their designee shall serve as secretary to the zoning board of appeals. The planning and zoning department staff shall make audio or video recordings and keep minutes of the proceedings of the board, showing the vote of each member upon each item, or if absent or failing to vote, indicating such fact, and shall keep records of its official actions and evidence submitted, all of which shall be filed in the office of the planning and zoning department and shall be a public record.

(9)

Staff analysis, findings of fact, and recommendation on each application for a variance. The staff of the planning and zoning department shall conduct a site inspection of and shall prepare an analysis of each application for a variance applying the applicable criteria and standards set forth in this article to each such application. Staff shall present its findings and recommendations in written form to the zoning board of appeals prior to the public hearing thereon. Notwithstanding staff's obligations to present its findings and a recommendation, the failure to timely do so shall not nullify the board's action on the item, constitute a ground for denial, or constitute grounds for appeal of a decision by the zoning board of appeals.

(Ord. No. 2016-06-07, att. (7.1.2), 7-11-2016; Ord. No. 2017-03-57, § 6(A)—(C), 3-27-2017; Ord. No. O2018-03-7, exh. A(7.1.2), 4-9-2018; Ord. No. O2020-03-07, exh. A, 3-23-2020; Ord. No. O2023-05-05, exh. A, 6-12-2023)

(a)

Prior to the commencement of any new business in any zoning classification in the city, the owner or operator thereof shall apply to and obtain from the planning and zoning director or designee for approval of the location of the business on a form prescribed by the city.

(b)

The planning and zoning director shall grant or deny new zoning use approval applications based on whether the proposed uses and activities of the new business comply with the applicable zoning and land use ordinances and regulations of the city.

(c)

The planning and zoning director may request proof of identity of all parties associated with a new business and any documentation reasonably necessary to evaluate new business applications including but not limited to: Leases, surveys, and building blueprints.

(d)

For purposes of this Code Section, "new business" shall mean any business that has not been in legally compliant operation in its proposed location by its current owners or operators prior to the effective date of this Code section.

(e)

Appeals from denials of a zoning use approval application may be ?led and shall be handled through the same procedures as provided for in Code section 46-1632.

(f)

The city may condition the approval of any permit or license on compliance with this Code section.

(g)

Every business required to obtain zoning use approval pursuant to this section shall display a copy of their zoning use approval in a prominent location near the entrance to the business.

(h)

Each day any business operations are conducted by a new business that has failed to apply for and obtain zoning use approval shall constitute a separate violation punishable as provided for in Code section 1-7.

(i)

Nothing in this Code section shall be construed to prohibit the city from enforcing the zoning and land use regulations on any property subject to the city's jurisdiction.

(Ord. No. O2024-07-12, Exh. A, 8-12-2024)

This division establishes procedures that apply to all application submittals and procedures for public hearings required by this zoning ordinance. Prior to the processing of any application for an amendment to the official zoning map, commonly referred to as a rezoning, variance, comprehensive plan text amendment, comprehensive plan map amendment, special land use permit, or modification to conditions of zoning, the applicant shall be required to file documentation and follow certain procedures as set forth in this division. Additional regulations that apply to specific application types may be found in subsequent sections of this chapter.

(Ord. No. 2016-06-07, att. (7.2.1), 7-11-2016)

(a)

Public hearing required. Applications for city action that require a public hearing shall be filed with the planning and zoning director, along with a fee as set by the mayor and city council. Applications and procedures shall be made available to the public in the offices of the planning and zoning department.

(b)

Application processing. The processing of said applications shall be based upon an annual calendar. This calendar shall be made available to the public in the offices of the planning and zoning department.

(1)

The planning and zoning director shall be authorized to establish application submittal requirements necessary to obtain sufficient information to allow for a compliance review of the application as well as forms and instructions for each application type or petition. No application shall be processed by the planning and zoning director unless it complies with the procedural requirements of this division and is found to be a complete application. This shall include pre-application requirements, including a required neighborhood meeting and the submittal of a Public Participation Report.

(2)

Any application that is found to be incomplete during the review for completeness shall be rejected from processing and returned to the applicant. Return of the rejected application shall constitute notice of the rejection to the applicant.

(3)

No major change to an application may be accepted later than the required deadline for advertising in the legal organ or a newspaper of general circulation within the city. There shall be no refund of application fees after the planning and zoning department has accepted an application.

(4)

The following shall constitute a major change to an application that shall result in deferral and/or re-advertising of the application:

a.

The movement of any building or structure adjacent to an exterior boundary line, closer to the boundary line of the property;

b.

Any increase in the number of dwelling units or any increase in the total amount of floor space of any nonresidential building;

c.

Any decrease in the size of residential units;

d.

Any increase in the number of curb cuts;

e.

Any decrease in the buffer requirements;

f.

Any increase in the height of any building or structure;

g.

Any change in the proportion of floor space devoted to different authorized uses;

h.

Any change in the zoning classification requested; or

i.

Any change in the land use plan classification that increases the density of the proposed use.

(5)

A change to a site plan or proposed condition of zoning associated with an application, which change has been accepted and allowed to be part of the application, may be deferred by the mayor and city council for a full-cycle review if the mayor and city council determines such review is reasonably necessary as a result of the change. The amended application shall be treated as if it were a new application, for the purposes of publication, review, notice and hearings, as required under this division, including review by the planning commission. An amendment to an application shall not change the original filing date of that application. An amended application shall not require a new application fee. However, in the case of a deferral requested by the applicant, the applicant shall pay a required re-advertising fee.

(c)

Application fees. The application fees for special land use permits, amendments to the official zoning map and comprehensive plan map amendments shall be as established by the mayor and city council.

(d)

Site plan preparation. The planning and zoning director shall publish a checklist of requirements for site plans submitted pursuant to this zoning ordinance. All site plans submitted pursuant to this zoning ordinance shall be submitted with the applications to which they apply and shall comply with the checklist requirements.

(e)

Notice of applications filed. The secretary of the planning commission shall, no later than 21 days following each closing date for receipt of applications, provide the mayor and city council with a list of all applications and amendments filed. The listing of applications shall be reasonably made available to the public.

(f)

Withdrawal of application by applicant. Applications may not be withdrawn without permission after they have been filed for advertising for public hearing, except as otherwise provided herein.

(g)

Final actions. The clerk to the mayor and city council shall provide a signed copy of final actions taken by the mayor and city council to planning and zoning director to be noted on official zoning maps. The clerk to the mayor and city council shall, after any final action taken by the mayor and city council, provide to the planning and zoning director a signed, certified copy of each such action. The planning and zoning director shall cause all relevant documents to be amended accordingly to reflect the final action approved by the mayor and city council.

(h)

Resubmittal of rejected or denied applications.

(1)

Rezoning.

a.

If an application for rezoning is denied or assigned a zoning classification other than the classification requested in the application, then no portion of the same property may again be considered for rezoning for a period of 24 months from the date of the mayor and city councils' final decision.

b.

Notwithstanding subsection (a) of this section, the mayor and city council may by resolution reduce the 24-month time restriction between applications to a period no less than the minimum required by the O.C.G.A. § 36-66-1 et seq., as it now exists and may be amended hereafter, which currently is six months as of the date of adoption of the ordinance from which this division is derived.

c.

An applicant may request that the mayor and city council allow withdrawal of an application without prejudice, in which case, if approved, no minimum time period need expire before a subsequent application for rezoning of the property may be accepted by the planning and zoning director.

(2)

Variance.

a.

An application for a variance affecting all or a portion of the same property for which an application for variance for the same regulation was denied shall not be submitted before 24 months have passed from the date of final decision by the zoning board of appeals on the previous variance.

b.

The zoning board of appeals may reduce this 24-month time restriction by resolution, provided that the time restriction between the date of said denial and any subsequent application affecting the same property shall be no less than six months.

(3)

Special land use permit.

a.

An application for a special land use permit affecting all or a portion of the same property for which an application for the same special land use was denied shall not be submitted before 24 months have passed from the date of final decision by the mayor and city council on the previous special land use permit.

b.

Notwithstanding subsection (h)(3)a of this section, the mayor and city council may by resolution reduce the 24-month time restriction between applications to a period no less than the minimum required by the Zoning Procedures Law, O.C.G.A. § 36-66-1 et seq., which is six months as of the date of adoption of the ordinance from which this division is derived.

(Ord. No. 2016-06-07, att. (7.2.2), 7-11-2016; Ord. No. O2020-03-07, exh. A, 3-23-2020)

(a)

Zoning decisions. The term "zoning decision" is defined in article IX of this chapter by reference to the definition of "zoning decision" set forth in state law, O.C.G.A. § 36-66-3, as it now exists and may be amended hereafter.

(b)

Zoning decisions initiated by the city. For any zoning decision initiated by the city, other than those identified in Section 46-1527, at least 15 but not more than 45 days prior to the date of the public hearing before the mayor and city council, the city shall cause to be published within a newspaper of general circulation within the territorial boundaries of the city, a notice of the hearing. The notice shall state the date, time, place, and purpose of the hearing.

(c)

Zoning decisions, appeals to the zoning board of appeals, variances, extensions of special land use permits, and major modifications of conditions initiated by a party other than the city. For any zoning decision, appeal to the zoning board of appeals, variance, extension of special land use permits, or major modification of conditions initiated by a party other than the city, notice of the public hearing shall be provided as follows:

(1)

Written notice of each public hearing shall state the nature of the proposed change, and the date, time, place, and purpose of the public hearing before either the planning commission or the zoning board of appeals and shall be mailed by first class mail by the planning and zoning director to the owners of the subject property and all owners of property within 500 feet of the boundaries adjoining the subject property, as such property owners are listed on the records of the county tax commissioner, at least 30 days prior to said public hearing. For any hearing before the mayor and city council, the notice of each public hearing shall state the nature of the proposed change, and the date, time, place, and purpose of the public hearing and shall be mailed by first class mail by the planning and zoning director to the owners of the subject property and all owners of property within 500 feet of the boundaries adjoining the subject property, as such property owners are listed on the records of the county tax commissioner, at least 15 days prior to said public hearing.

(2)

Signs shall be posted on the subject property at least 15 days prior to the public hearing before the mayor and city council, the planning commission or the zoning board of appeals. The required information on each sign shall be as provided in O.C.G.A. § 36-66-1 et seq., as it now exists and may be amended hereafter. At least one sign shall be posted on each street on which the subject property has frontage in a conspicuous location within ten feet of the right-of-way. One additional sign shall be posted for each additional 500 feet of frontage or fraction thereof in excess of 500 feet of frontage on each street on which the subject property has frontage. The applicant shall pay a sign fee, in an amount to be established by the mayor and city council, to the planning and zoning department.

(3)

One notice sign may serve both the application for an amendment to the official zoning map and/or the application for a special land use permit, as long as the sign states the relevant information for all hearings relating to those actions.

(4)

A dated photograph of each sign shall be submitted by the applicant to the planning and zoning director as evidence of its proper posting.

(5)

The city shall cause a notice of each public hearing regarding a proposed zoning decision to be published in a newspaper of general circulation within the city at least 15 days and not more than 45 days prior to a public hearing before the mayor and council. The city shall cause a notice of a public hearing before the planning commission or the zoning board of appeals to be published in a newspaper of general circulation within the city at least 30 and not more than 45 days prior to the public hearing. The notice shall include the date, time, place, and purpose of the hearing, the address of the property, the present zoning classification of the property, the proposed zoning classification of the property, the nature of the variance sought, and the proposed special land use, as applicable.

(d)

Written recommendations. Staff's analysis and written recommendations shall be available in the planning and zoning department and on the departmental website prior to any public meeting held by the zoning board of appeals, the planning commission or the mayor and city council.

(e)

Presentation. After the public meeting is opened, staff shall make a presentation of the item, after which the chair of the meeting may ask questions of the staff or other city representative providing the report or recommendations.

(1)

After presentation by staff, the applicant or those in support of the item shall receive a time period, up to the entire allotment of ten-minutes to present their case. If a large number of people wish to speak, it may be advisable to designate a spokesperson to make the presentation. Any member of the council/commission/board, upon recognition by the chair, may ask questions of the person. The period of questions shall not be deducted from the ten-minutes period. The city shall not be obligated to provide the full ten-minute period if it is not elected to use that much time.

(2)

Next, the chair shall call for a show of hands of those persons who wish to appear in opposition. Opposition shall be granted a time period of ten minutes at the public hearing to present data. Evidence and opinions. If a large number of people wish to speak, it may be advisable to designate a spokesperson to make the presentation. The city shall not be obligated to provide the full ten-minute period to the opponents if they elect not to use that much time. Any member of the council/commission/board, upon recognition by the chair, may ask questions of any person giving public comment. The period of questions shall not be deducted from the ten-minute period.

(3)

After completion of the procedure, the chair will indicate that the public hearing is closed.

(Ord. No. 2016-06-07, att. (7.2.4), 7-11-2016; Ord. No. 2016-07-16, att. (7.2.4), 9-1-2016; Ord. No. 2016-10-37, att. (7.2.4), 11-14-2016; Ord. No. 2017-03-57, § 6(D), 3-27-2017; Ord. No. O2020-03-07, exh. A, 3-23-2020; Ord. No. O2023-05-05, § 1, 6-12-2023)

When a proposed zoning decision initiated by the city relates to an amendment of the zoning ordinance to revise 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 or for abolition of all single-family residential zoning classifications within the territorial boundaries of the city or zoning decisions that result in the rezoning of all property zoned for single-family residential uses within the territorial boundaries of the city to multifamily residential uses of property, such zoning decision must be adopted in the following manner:

(a)

The zoning decision shall be adopted at two regular meetings of the city making the zoning decision, during a period of not less than 21 days apart; and

(b)

Prior to the first meeting provided for in subparagraph (a) of this section, at least two public hearings shall be held on the proposed action. Such public hearings shall be held at least three months and not more than nine months prior to the date of final action on the zoning decision. Furthermore, at least one of the public hearings must be held between the hours of 5:00 p.m. and 8:00 p.m. The hearings required by this paragraph shall be in addition to any hearing required under section 46-1526. The city shall give notice of such hearing by:

(1)

Posting notice on each affected premises in the manner prescribed by section 46-1526; provided, however, that when more than 500 parcels are affected, in which case posting notice is required every 500 feet in the affected area; and

(2)

Publishing in a newspaper of general circulation within the territorial boundaries of the city a notice of each hearing at least 15 days and not more than 45 days prior to the date of the hearing.

Both the posted notice and the published notice shall include a prominent statement that the proposed zoning decision relates to or will authorize multifamily uses or give blanket permission to the property owner to deviate from the zoning requirements of a single-family residential zoning of property in classification previously relating to single-family residential uses. The published notice shall be at least nine column inches in size and shall not be located in the classified advertising section of the newspaper. The notice shall state that a copy of the proposed amendment is on file in the office of the clerk of the city and in the office of the Clerk of the Superior Court of DeKalb County for the purpose of examination and inspection by the public. The city shall furnish anyone, upon written request, a copy of the proposed amendment, at no cost.

(Ord. No. O2023-05-05, § 2, 6-12-2023)

A proposed amendment to the text of this chapter, the official zoning map, or the comprehensive plan may be introduced by the planning and zoning director, one or more members of the mayor and city council or by the planning commission. In addition, amendments to the official zoning map (rezoning) and the comprehensive plan may be initiated upon application by the owner of the subject property or the authorized agent of the owner. Before enacting any amendment to this chapter, the official zoning map, or the comprehensive plan maps, the mayor and city council shall provide for the public notice and public hearings required by section 46-1526.

(Ord. No. 2016-06-07, att. (7.3.1), 7-11-2016; Ord. No. O2020-03-07, exh. A, 3-23-2020)

Any applicant seeking to rezone property to a classification that is inconsistent with the comprehensive plan maps, as established in article I of this chapter, must first obtain approval of an amendment to the comprehensive plan maps from the mayor and city council. The comprehensive plan maps shall be amended according to a schedule approved by the mayor and city council. However, exceptions may be granted by the mayor and city council in between the regular review cycle in cases of demonstrated hardship, or in cases of large-scale developments that may provide special economic benefits to the community. Requests for exceptions shall be subject to approval by the mayor and city council during a mayor and city council meeting.

(Ord. No. 2016-06-07, att. (7.3.2), 7-11-2016)

(a)

The staff of the planning and zoning department shall conduct a site inspection on all applications for zoning map and comprehensive plan map amendments and shall investigate and prepare an analysis of each proposed text amendment to this chapter or to the comprehensive plan.

(b)

The findings and recommendations of the planning and zoning department staff shall be made based on each of the standards and factors contained in section 46-1559 or 46-1560, as applicable. In an application for rezoning, the planning and zoning staff may recommend the imposition of conditions in accordance with section 46-1564. The staff shall present its findings and recommendations in written form to the planning commission and the mayor and city council. Copies of the written findings and recommendations of the staff shall be reasonably made available to the public.

(c)

Within a reasonable amount of time after acceptance of a complete application, the planning and zoning director shall submit the application for review by various departments and external agencies, as may be appropriate. Such departments may include, but not be limited to, land development, watershed management, fire and rescue, transportation, and public works. External agencies may include, but are not limited to, the county school board, the state regional transportation authority, the state department of transportation, Metropolitan Atlanta Rapid Transit Authority (MARTA), and the Atlanta Regional Commission (ARC), and any municipality that abuts the property that is the subject of the application. Any written comments received prior to submittal of the report shall be submitted to the review bodies for consideration and such comments shall become an official public record.

(Ord. No. 2016-06-07, att. (7.3.3), 7-11-2016; Ord. No. O2020-03-07, exh. A, 3-23-2020)

The following standards and factors are found to be relevant for evaluating applications for amendments to the comprehensive plan map and shall govern the review of all proposed amendments to the comprehensive plan map:

(1)

Whether the proposed land use change will permit uses that are suitable in consideration of the use and development of adjacent and nearby property or properties.

(2)

Whether the proposed land use change will adversely affect the existing use or usability of adjacent or nearby property or properties.

(3)

Whether the proposed land use change will result in uses which will or could cause excessive or burdensome use of existing streets, transportation facilities, utilities, or schools.

(4)

Whether the amendment is consistent with the written policies in the comprehensive plan text and any applicable small areas studies.

(5)

Whether there are potential impacts on property or properties in an adjoining governmental jurisdiction, in cases of proposed changes near county or municipal boundary lines.

(6)

Whether there are other existing or changing conditions affecting the use and development of the affected land areas which support either approval or denial of the proposed land use change.

(7)

Whether there will be an impact on historic buildings, sites, districts or archaeological resources resulting from the proposed change.

(Ord. No. 2016-06-07, att. (7.3.4), 7-11-2016)

The following standards and factors are found to be relevant to the exercise of the city's zoning powers and shall govern the review of all proposed amendments to the official zoning map:

(1)

Whether the zoning proposal is in conformity with the policy and intent of the comprehensive plan.

(2)

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

(3)

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

(4)

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

(5)

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.

(6)

Whether the zoning proposal will adversely affect historic buildings, sites, districts, or archaeological resources.

(7)

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.

(8)

Whether the zoning proposal adversely impacts the environment or surrounding natural resources.

(Ord. No. 2016-06-07, att. (7.3.5), 7-11-2016)

Editor's note— Ord. No. O2020-03-07, exh. A, adopted March 23, 2020, repealed § 46-1561, which pertained to community council review of proposed amendments and derived from Ord. No. 2016-06-07, att. (7.3.6), adopted July 11, 2016.

The secretary of the planning commission shall provide the members of the planning commission complete information on each proposed application requiring a public hearing by the planning commission, including a copy of the application and all supporting materials. The planning commission, after conducting a public hearing with prior public notice as required by this division, shall consider the proposal and vote on its recommendation to the mayor and city council. Deferral of an application by the planning commission shall not be binding on the mayor and city council. The planning commission may recommend approval of the application, approval to a less intense zoning district or land use category than that requested by the applicant, approval of the application with conditions, denial of the application, deferral of the application, or, upon request of the applicant, withdrawal of the application without prejudice. In its recommendation of any application, the planning commission may recommend the imposition of conditions in accordance with section 46-1564. All findings and recommendations of the planning commission relating to amendments to the official zoning map shall be made based on each of the standards and factors contained in section 46-1560. All recommendations of the planning commission relating to amendments to the comprehensive plan maps shall be made based on each of the standards and factors contained in section 46-1559. The secretary of the planning commission shall make and maintain a written record of the planning commission's consideration and recommendations, which shall be public record.

(Ord. No. 2016-06-07, att. (7.3.7), 7-11-2016)

At the next scheduled mayor and city council meeting pursuant to the applicant zoning calendar following appearance of the matter on the planning commission agenda, the mayor and city council, after conduct of a public hearing with public notice as required by this article, may vote to approve the proposed amendment pursuant to this division, approve with conditions, approve to a less intense zoning district or land use category than that requested by the applicant, deny the proposed amendment, defer the proposed amendment, or, upon request of the applicant, permit withdrawal without prejudice. Voting shall be consistent with the procedures provided by the city's Charter for the adoption of ordinances. In the approval of any proposed amendment to the official zoning map, the mayor and city council may impose conditions in accordance with section 46-1564. For each proposed zoning decision, the analysis submitted by the applicant, if any, the analysis prepared by the planning and zoning department, and the record prepared by the planning commission shall be presented in written form to each member of the mayor and city council. A limited supply of said findings shall be available at the public hearing and available upon request to the public. All decisions of the mayor and city council relating to each proposed amendment to the official zoning map shall be made based on each of the standards and factors contained in section 46-1560 and any other applicable standards within this chapter. All decisions of the mayor and city council relating to amendments to the comprehensive plan maps shall be made based on each of the standards and factors contained in section 46-1559. Any proposed amendment or any proposed substitute ordinance considered by the mayor and city council shall be presented in written form prior to being voted on by the mayor and city council, or made a part of the motion.

(Ord. No. 2016-06-07, att. (7.3.8), 7-11-2016; Ord. No. 2017-03-57, § 6(E), 3-27-2017; Ord. No. O2020-03-07, exh. A, 3-23-2020)

Conditions of zoning may be requested by an applicant, recommended by the planning and zoning department or planning commission, or imposed by the mayor and city council, as a part of any proposed change to the official zoning map, in accordance with the following requirements:

(1)

Conditions of zoning may be imposed so as to ameliorate the effects of the proposed developmental change for the protection or benefit of neighboring persons or properties consistent with the purpose and intent of the zoning districts involved, and the goals and objectives of the comprehensive plan and state law. No condition shall be imposed which reduces the requirements of the zoning districts involved, except as stipulated in section 46-1742. All conditions shall be of sufficient specificity to allow lawful and consistent application and enforcement. All conditions shall be supported by a record that evidences the relationship between the condition and the impact of the developmental change. No condition in the form of a development exaction for other than a project improvement shall be imposed within the meaning of the Georgia Development Impact Fee Act, as amended.

(2)

Once imposed, conditions of zoning shall become an integral part of the approved amendment and shall be enforced as such. Changes to approved conditions shall be authorized only pursuant to section 46-1565.

(3)

Site plans referenced in the conditions of zoning are conceptual only unless specific aspects of the site plan or the site plan itself are approved as a separate zoning condition. Development shall meet or exceed the imposed zoning conditions and all other applicable law, standards and regulations of the city. Compliance with the conditions of zoning shall be demonstrated prior to the issuance of a land-disturbance permit or building permit and conditional improvements shall be in place prior to the issuance of the first certificate of occupancy.

(Ord. No. 2016-06-07, att. (7.3.9), 7-11-2016; Ord. No. O2020-03-07, exh. A, 3-23-2020)

The planning and zoning director shall have sole authority to approve minor changes to conditions attached to an approved zoning amendment. Minor changes are those that implement only slight alterations to the approved conditions made necessary by actual field conditions at the time of development, and that do not alter the impact of the development on nearby properties nor the intent or integrity of the conditions as originally imposed. Any request for minor changes to conditions shall be filed with the planning and zoning director or their designee on a written form which shall include a full description of the documents and/or information necessary for the application to be considered complete. At a minimum, if an approved site plan exists, the request for minor changes shall be accompanied by four copies of the proposed revised site plan. The planning and zoning director shall decide whether to grant or deny the request for minor changes to conditions within 30 calendar days of receipt of a complete application for such minor changes. If the planning and zoning director does not decide within 30 days the request for minor changes shall be deemed denied as of the 31st day after receipt of a complete application. After making a decision, the planning and zoning director shall have ten calendar days to post a sign on the subject property which reflects the decision of the director and includes the deadline for taking an appeal of the decision. Persons identified in section 46-1632(b) shall have 30 calendar days from the posting of the sign to appeal the planning and zoning director's decision by filing an application for appeal with the secretary of the zoning board of appeals. Any major changes to conditions attached to an approved zoning amendment shall require an application and public hearings before the planning commission and the mayor and city council, as required in section 46-1526 for amendments to the official zoning map without limiting the meaning of the phrase, the following shall be deemed to constitute major changes:

(1)

The movement of any building or structure adjacent to an exterior boundary line, closer to the boundary line of the property;

(2)

Any increase in the number of dwelling units or any increase in the total amount of floor space of any nonresidential building;

(3)

Any decrease greater than five percent in the size of residential units imposed in the original conditional zoning amendment;

(4)

Any change in any buffer requirement imposed in the original conditional zoning amendment;

(5)

Any increase in the height of any building or structure;

(6)

Any change in the proportion of floor space devoted to different authorized uses; or

(7)

Any change to conditions, except minor changes, as defined in this section, imposed by the city council when approving any change to the official zoning map, commonly referred to as a rezoning or a zoning amendment.

(Ord. No. 2016-06-07, att. (7.3.10), 7-11-2016; Ord. No. O2020-03-07, exh. A, 3-23-2020)

(a)

A special land use permit is a means by which the mayor and city council gives special consideration, pursuant to a clear set of standards and criteria, to those types of uses which may or may not be compatible with uses and structures authorized as a matter of right within a particular zoning district. Special land use permits are required for uses that have operational characteristics and/or impacts that are significantly different from the zoning district's principal authorized uses and therefore require individual review pursuant to the standards and criteria set forth in this division and article.

(b)

Special land use permit applications shall be authorized only for those uses specifically listed in the applicable zoning district regulations, as permitted by special land use permit, and in compliance with any applicable supplemental regulations, according to article IV of this chapter or section 46-1595.

(c)

An applicant desiring to apply for a special land use permit authorized within a zoning district described in this chapter shall file an application with the planning and zoning department in accordance with this division. The mayor and city council, following consideration by the planning commission, shall determine whether the proposed use, in the particular location contemplated, meets the standards and criteria set forth in this division and article.

(d)

Such uses may further require, and the mayor and city council shall be authorized to impose, special conditions in order to ensure their compatibility with surrounding uses and to minimize adverse impacts on the use of surrounding property.

(Ord. No. 2016-06-07, att. (7.4.1), 7-11-2016; Ord. No. O2020-03-07, exh. A, 3-23-2020)

(a)

Procedures for applications shall comply with section 46-1525.

(b)

Applications for special land use permits require a public hearing, as provided for in section 46-1526.

(Ord. No. 2016-06-07, att. (7.4.2), 7-11-2016)

Upon receipt of a complete application for a special land use permit, the secretary of the planning commission shall prepare a proposed ordinance to grant the proposed special land use permit, and said proposed ordinance shall be referred to the planning commission for public hearing and consideration pursuant to the requirements of this chapter and presented to the mayor and city council at their next scheduled zoning meeting after appearance on the planning commission agenda.

(Ord. No. 2016-06-07, att. (7.4.3), 7-11-2016)

Editor's note— Ord. No. O2020-03-07, exh. A, adopted March 23, 2020, repealed § 46-1592, which pertained to community council review of proposed applications and derived from Ord. No. 2016-06-07, att. (7.4.4), adopted July 11, 2016.

An application for a special land use permit shall be filed on forms provided by the planning and zoning department and shall not be considered an authorized application unless complete in all respects. Upon receipt of a complete application, the staff of the planning and zoning department shall conduct a site inspection and shall prepare an analysis of each application for a special land use permit and shall present its findings and recommendations in written form to the planning commission. No application shall be amended later than the required deadline for advertising in the legal organ of the city which falls immediately prior to the scheduled hearing before the planning commission. Staff analysis and recommendations on each application for special land use permit shall be based on the criteria contained in section 46-1594 and, in addition, where applicable to the use proposed, on the criteria contained in section 46-1595.

(Ord. No. 2016-06-07, att. (7.4.5), 7-11-2016; Ord. No. O2020-03-07, exh. A, 3-23-2020)

The following criteria shall be considered by the planning and zoning department, the planning commission, and the mayor and city council in evaluating and deciding any application for a special land use permit. No application for a special land use permit shall be granted by the mayor and city council unless satisfactory provisions and arrangements have been made concerning each of the following factors, all of which are applicable to each application, and the application is in compliance with all applicable regulations in article IV of this chapter:

(1)

Adequacy of the size of the site for the use contemplated and whether or not adequate land area is available for the proposed use including provision of all required yards, open space, off-street parking, and all other applicable requirements of the zoning district in which the use is proposed to be located.

(2)

Compatibility of the proposed use with adjacent properties and land uses and with other properties and land uses in the district.

(3)

Adequacy of public services, public facilities, and utilities to serve the proposed use.

(4)

Adequacy of the public street on which the use is proposed to be located and whether or not there is sufficient traffic-carrying capacity for the use proposed so as not to unduly increase traffic and create congestion in the area.

(5)

Whether or not existing land uses located along access routes to the site will be adversely affected by the character of the vehicles or the volume of traffic generated by the proposed use.

(6)

Adequacy of ingress and egress to the subject property and to all proposed buildings, structures, and uses thereon, with particular reference to pedestrian and automotive safety and convenience, traffic flow and control, and access in the event of fire or other emergency.

(7)

Whether or not the proposed use will create adverse impacts upon any adjoining land use by reason of noise, smoke, odor, dust, or vibration generated by the proposed use.

(8)

Whether or not the proposed use will create adverse impacts upon any adjoining land use by reason of the hours of operation of the proposed use.

(9)

Whether or not the proposed use will create adverse impacts upon any adjoining land use by reason of the manner of operation of the proposed use.

(10)

Whether or not the proposed use is otherwise consistent with the requirements of the zoning district classification in which the use is proposed to be located.

(11)

Whether or not the proposed use is consistent with the policies of the comprehensive plan.

(12)

Whether or not the proposed use provides for all required buffer zones and transitional buffer zones where required by the regulations of the zoning district in which the use is proposed to be located.

(13)

Whether or not there is adequate provision of refuse and service areas.

(14)

Whether the length of time for which the special land use permit is granted should be limited in duration.

(15)

Whether or not the size, scale and massing of proposed buildings are appropriate in relation to the size of the subject property and in relation to the size, scale and massing of adjacent and nearby lots and buildings.

(16)

Whether the proposed use will adversely affect historic buildings, sites, districts, or archaeological resources.

(17)

Whether the proposed use satisfies the requirements contained within the supplemental regulations for such special land use permit.

(18)

Whether or not the proposed use will create a negative shadow impact on any adjoining lot or building as a result of the proposed building height.

(19)

Whether the proposed use would result in a disproportionate proliferation of that or similar uses in the subject character area.

(20)

Whether the proposed use would be consistent with the needs of the neighborhood or the community as a whole, be compatible with the neighborhood, and would not be in conflict with the overall objective of the comprehensive plan.

(Ord. No. 2016-06-07, att. (7.4.6), 7-11-2016; Ord. No. O2020-03-07, exh. A, 3-23-2020)

In addition to the criteria contained in section 46-1594, for which each applicant for a special land use permit is required to provide information, the following additional criteria shall apply to specific uses as specified below. No application for a special land use permit for the uses specified below shall be granted by the mayor and city council unless it is determined that, in addition to meeting the requirements contained within the zoning district in which such property is located and the criteria contained in section 46-1594, and complying with applicable regulations in article IV of this chapter, satisfactory provisions and arrangements have been made concerning each of the following criteria:

(1)

Telecommunications towers and antennas. In determining whether to authorize a special land use permit for a telecommunication tower or antenna, the mayor and city council shall comply with and apply the requirements of section 46-1200.

(2)

Mine, mining operation, gravel pit, quarry, or sand pit. In determining whether to authorize a special land use permit for a mine, mining operation, gravel pit, quarry, or sand pit, the mayor and city council shall also consider each of the following criteria:

a.

Whether the type and volume of traffic associated with such use will cause congestion in the streets and will create noise and vibration along streets used for residential purposes or adjacent to activity centers.

b.

Whether the applicant has provided a soil erosion control plan and a reuse or reclamation plan which meets the requirements of the city and of the Georgia Surface Mining Act, O.C.G.A. § 12-4-70 et seq., as amended, and Ga. Admin. Rules ch. 391-3-3.

c.

Whether or not the applicant meets the requirements of the city's noise ordinance.

(3)

Child day care facility. In determining whether to authorize a special land use permit for a child day care facility, the mayor and city council shall also consider each of the following criteria:

a.

Whether there is adequate off-street parking for all staff members and for visitors to the child day care facility.

b.

Whether the proposed off-street parking areas and the proposed outdoor play areas can be adequately screened from adjoining properties so as not to adversely impact any adjoining land use.

c.

Whether there is an adequate and safe location for the dropping off and picking up of children at the child day care facility.

d.

Whether the character of the exterior of the proposed structure will be compatible with the residential character of the buildings in the zoning district in which the child day care facility is proposed to be located, if proposed for a residential zoned district.

(4)

Biomedical waste disposal facilities, disposal facilities, landfills, solid waste disposal facilities, solid waste landfills, private industry solid waste disposal facilities, solid waste handling facilities, solid waste thermal treatment technology facilities, and disposal facilities for hazardous and/or toxic materials including radioactive materials. In determining whether to authorize a special land use permit for a biomedical waste disposal facility, disposal facility, landfill, solid waste disposal facility, solid waste landfill, private industry solid waste disposal facility, solid waste handling facility, solid waste thermal treatment technology facility, or disposal facility for hazardous and/or toxic materials including radioactive materials, the mayor and city council shall also consider each of the following criteria:

a.

Whether the proposed use does not pose any potential negative impact resulting from air pollution, degradation of soil and/or water quality, noise, odor, or other negative environmental effects.

b.

Whether the proposed use will not have a significant deleterious effect on use of land and value of existing housing in adjacent and nearby neighborhoods.

c.

Whether the proposed use will not create a negative traffic impact on any adjacent or nearby residential streets resulting from truck and other vehicular traffic associated with the facility.

d.

Whether the proposed use does not represent an over-concentration of such uses in the area.

(Ord. No. 2016-06-07, att. (7.4.7), 7-11-2016)

(a)

Planning and zoning staff shall provide the members of the planning commission complete information on each proposed application for a special land use permit that the commission considers, including a copy of the application and all supporting materials. The planning commission, after conducting a public hearing with public notice, as required by this division, shall vote on its recommendation to be provided to the mayor and city council.

(b)

The planning commission may recommend approval of the application, approval of the application with conditions, denial of the application, or deferral of the application.

(c)

The planning commission may recommend the imposition of conditions based upon the facts of a particular application in accordance with section 46-1564.

(d)

The planning commission recommendation on each application shall be based on a determination as to whether or not the applicant has met the criteria contained in section 46-1594, the criteria contained in section 46-1595 where applicable to the use proposed, and the requirements of the zoning district in which such use is proposed to be located.

(Ord. No. 2016-06-07, att. (7.4.8), 7-11-2016; Ord. No. O2020-03-07, exh. A, 3-23-2020)

(a)

The mayor and city council, after conducting the public hearing with public notice as required by this division, shall vote to approve the application, approve the application with conditions, deny the application, defer the application, or, upon request of the applicant, to permit withdrawal of the application without prejudice.

(b)

The mayor and city council may impose conditions based upon the facts of a particular application in accordance with section 46-1564.

(c)

The decision of the mayor and city council on each application for special land use permit shall be based on a determination as to whether or not the application satisfies the criteria contained in section 46-1594, the criteria contained in section 46-1595 where applicable to the use proposed, and the requirements of the zoning district in which such use is proposed to be located.

(d)

The mayor and city council may specify the duration of each such special land use permit approved.

(Ord. No. 2016-06-07, att. (7.4.9), 7-11-2016)

All appeals of all final zoning decisions of the mayor and city council under the provisions of this division shall be as follows:

(1)

Any person aggrieved by a final decision of the mayor and city council on an amendment to the zoning ordinance which rezones property from one zoning classification to another or which changes zoning conditions, or which denies any such ordinances may seek review of such decision by petitioning the superior court of the county via direct appeal, setting forth plainly the alleged errors. Such petition shall be filed within 30 days after the final decision of the board is rendered.

(2)

Any person aggrieved by a final decision of the mayor and city council on a special land use permit may seek review of such decision by petitioning the superior court of the county via a writ of certiorari plainly setting forth the alleged errors. Such petition shall be filed within 30 days after the final decision of the board is rendered.

(Ord. No. 2016-06-07, att. (7.4.10), 7-11-2016; Ord. No. 2017-03-57, § 6(F), 3-27-2017; Ord. No. O2023-05-05, § 3, 6-12-2023)

(a)

Development of an approved special use. The issuance of a special land use permit shall only constitute approval of the proposed use, and development of the use shall not be carried out until the applicant has secured all other permits and approvals required by any applicable law or regulation.

(b)

Expiration of a special land use permit. Unless a building permit or other required approval is applied for within 12 months of the mayor and city council's approval of a special use, and construction pursuant to such building permit is promptly begun and diligently pursued thereafter, a 12 month extension must be obtained in accordance with subsection (c) of this section.

(c)

Time extension of a special land use permit. The time limitation imposed pursuant to subsection (b) of this section may be extended once for 12 consecutive months upon written request by the applicant and approval in writing by the planning and zoning director. Extension denials by the planning and zoning director may be appealed within 30 days to the Mayor and City Council. Any further time extensions shall be by the mayor and city council upon written request by the applicant and approval of the mayor and city council after compliance with the public notice provisions of section 46-1526(c). In considering a request to extend, or the appeal of a denial of a request to extend, the planning and zoning director and the mayor and city council shall consider the criteria described in section 46-1594.

(d)

Limitations on approvals for special land use permits. If a use granted by a special land use permit shall, for any reason, be discontinued for a period of 12 consecutive months, a hearing shall be held before the mayor and city council in accordance with subsection (c) of this section for the purpose of determining whether the permit shall terminate or be extended

(e)

Modifications to a special land use permit. Changes to an approved special land use permit, including changes to approved conditions, expansion of the approved use, or expansion of building square footage, shall be subject to the same application, review and approval process as a new application, including the payment of relevant fees.

(Ord. No. 2016-06-07, att. (7.4.11), 7-11-2016; Ord. No. O2020-03-07, exh. A, 3-23-2020; Ord. No. O2023-11-22, Exh. A, 12-11-2023)

A special land use permit, including the site plan and any conditions imposed at the time of the grant of the special land use permit by the mayor and city council, shall be binding on all successive owners and subject to the provisions of section 46-1599 beginning with the original date of issuance of such permit.

(Ord. No. 2016-06-07, att. (7.4.12), 7-11-2016; Ord. No. O2020-03-07, exh. A, 3-23-2020; Ord. No. O2023-11-22, Exh. A, 12-11-2023)

If an application to the mayor and city council for a special land use permit is submitted due to an existing violation of this division and such application for special land use permit is denied, the violation shall be required to be corrected within 30 days of such denial. Notwithstanding the foregoing, the planning and zoning director may extend the deadline for correction of the violation for a period up to 90 days following the denial of the special land use permit application upon a showing that the violation cannot reasonably be corrected within 30 days.

(Ord. No. 2016-06-07, att. (7.4.13), 7-11-2016; Ord. No. O2020-03-07, exh. A, 3-23-2020)

The chairperson of the zoning board of appeals, or in their absence the acting chairperson, may administer oaths and compel the attendance of witnesses by subpoena.

(1)

Requirements. The standards and requirements of this zoning ordinance and decisions made by public officials are presumed to be valid and just. It shall be the responsibility of an applicant seeking relief to assume the burden of proof and rebut this presumption by presenting sufficient facts and evidence to explain how the proposed appeal or variance is consistent with the general spirit and intent of this zoning ordinance and the comprehensive plan.

(2)

Review. It is the duty of the zoning board of appeals to review such facts and evidence in light of the intent of the zoning ordinance to balance the public health, safety and general welfare against the injury to a specific applicant that would result from the strict application of the provisions of this zoning ordinance to the applicant's property.

(Ord. No. 2016-06-07, att. (7.5.1), 7-11-2016; Ord. No. O2020-03-07, exh. A, 3-23-2020)

(a)

General power. The zoning board of appeals shall have the power and duty to hear and decide appeals where it is alleged by the appellant that there is error in any final order, requirement, or decision made by an administrative official based on or made in the enforcement of this zoning ordinance or as otherwise authorized by local law. Administrative officials must make final decisions covered by this section within 180 days of receipt of all necessary information to make such decision. A failure to act prior to the passage of 180 days shall not be construed to be a final order, requirement or decision within the meaning of this division. If a decision is not made by the 181st day, the requested decision is deemed denied, and becomes appealable. All such appeals shall be heard and decided following the notice requirements of section 46-1526, and pursuant to the following criteria and procedural requirements.

(b)

Appeals of decisions of administrative officials. Appeals of decisions of administrative officials may be filed by:

(1)

Any person aggrieved by;

(2)

Any elected member of the mayor and city council affected by; or

(3)

An owner of property within 250 feet of the nearest property line of the property that is the subject of any final order, requirement, or decision of an administrative official, based on or made in the enforcement of this chapter, or as otherwise authorized by local law, by filing with the secretary of the zoning board of appeals an application for appeal, specifying the grounds thereof, within 30 days after the action was taken by the official that is the subject of the appeal.

(c)

Appeal stays all legal proceedings. An appeal of a decision of an administrative official stays all legal proceedings in furtherance of the action or decision appealed from unless the official from whom the appeal is taken certifies to the zoning board of appeals, after notice of appeal has been filed, that by reason of facts stated in the certificate, a stay would, in that official's opinion, cause imminent peril to life or property. In such a case, legal proceedings shall be stayed only pursuant to a restraining order granted by a court of competent jurisdiction directed to the officer from whom the appeal is taken and on due cause shown.

(d)

Appeal stays land-disturbance or construction activity in certain situations. If the action or decision appealed from permits land-disturbance or construction activity to commence or continue on residentially zoned property, the appeal stays the land-disturbance or construction activity until the zoning board of appeals issues a decision on the appeal. Thereafter, land-disturbance or construction activity in such cases shall only be stayed by an order from a court of competent jurisdiction. In all cases involving non-residentially zoned property, the appeal to the zoning board of appeals does not stay land-disturbance or construction activity; such activity shall only be stayed by an order from a court of competent jurisdiction.

(e)

Activity stayed. Thereafter, in such situations land-disturbance or construction activity shall only be stayed by an order granted by a court of competent jurisdiction.

(f)

Time of hearing. The zoning board of appeals shall fix a reasonable time for the hearing of the appeal and give notice thereof pursuant to the requirements of section 46-1526 as well as written notice to the appellant. Any party may appear at the hearing in person, by an agent, by an attorney, or by the submission of written documentation.

(g)

Decision of the zoning board of appeals. Following the consideration of all testimony, documentary evidence, and matters of record, the zoning board of appeals shall make a determination on each appeal and shall issue a written decision explaining the reasons for its decision. The zoning board of appeals shall decide the appeal within a reasonable time, but in no event more than 60 days from the date of the hearing. An appeal shall be sustained only upon an expressed finding by the zoning board of appeals that the administrative official's action was based on an erroneous finding of a material fact, erroneously applied the zoning ordinance to the facts, or that the administrative official acted in an arbitrary manner. In exercising its powers, the zoning board of appeals may reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination appealed from, and to that end shall have all the powers of the administrative official from whom the appeal was taken and may issue or direct the issuance of a permit, provided all requirements imposed by any applicable laws are met.

(Ord. No. 2016-06-07, att. (7.5.2), 7-11-2016; Ord. No. O2020-03-07, exh. A, 3-23-2020)

The zoning board of appeals shall hear and decide applications for variances from the strict application of the regulations of this chapter and chapter 8 where the strict application of any regulation enacted under said chapters would result in exceptional and undue hardship upon the owner of such property. In determining whether or not to grant a variance, the board shall apply the criteria specified in this section to the facts of each case. The board may attach reasonable conditions to any approved variance in accordance with section 46-1564. Once imposed, conditions shall become an integral part of the approved variance and shall be enforced as such. No changes to an approved condition attached to a variance shall be authorized except by reapplication to the zoning board of appeals in full compliance with the applicable provisions of this division. No relief may be granted or action taken under the terms of this division unless such relief can be granted without substantial detriment to the public good and without substantial impairment of the intent and purpose of this division and the comprehensive plan. The zoning board of appeals shall apply the following criteria to the types of applications specified below as follows:

(1)

Variances from the provisions or requirements of this division other than variances described in section 46-1634 shall be authorized only upon making all of the following findings in writing:

a.

By reason of exceptional narrowness, shallowness, or shape of a specific lot, or by reason of exceptional topographic and other site conditions (such as, but not limited to, floodplain, major stand of trees, steep slope), which were not created by the owner or applicant, the strict application of the requirements of this division would deprive the property owner of rights and privileges enjoyed by other property owners in the same zoning district.

b.

The requested variance does not go beyond the minimum necessary to afford relief, and does not constitute a grant of special privilege inconsistent with the limitations upon other properties in the zoning district in which the subject property is located.

c.

The grant of the variance will not be materially detrimental to the public welfare or injurious to the property or improvements in the zoning district in which the subject property is located.

d.

The literal interpretation and strict application of the applicable provisions or requirements of this division would cause undue and unnecessary hardship.

e.

The requested variance would be consistent with the spirit and purpose of this division and the comprehensive plan text.

(2)

Appeals of decisions regarding building architectural design standards shall be evaluated using the same criteria as section 46-1669(b).

(3)

Appeals to the height standards, but not to add stories, shall be evaluated using the criteria as follows:

a.

Adequacy of the size of the site for the use contemplated and whether or not adequate land area is available for the proposed use including provision of all required yards, open space, off-street parking, and all other applicable requirements of the zoning district in which the use is proposed to be located.

b.

Compatibility of the proposed use with adjacent properties and land uses and with other properties and land uses in the district.

c.

Adequacy of public services, public facilities, and utilities to serve the proposed use.

d.

Whether or not the proposed use provides for all required buffer zones and transitional buffer zones where required by the regulations of the zoning district in which the use is proposed to be located.

e.

Whether or not the size, scale and massing of proposed buildings are appropriate in relation to the size of the subject property and in relation to the size, scale and massing of adjacent and nearby lots and buildings.

f.

Whether or not the proposed use will create a negative shadow impact on any adjoining lot or building as a result of the proposed building height.

(Ord. No. 2016-06-07, att. (7.5.3), 7-11-2016)

The zoning board of appeals shall hear and decide applications for variances to reduce or waive required off-street parking or loading spaces in accordance with the provisions and standards of this section. All such applications shall be heard and decided based on the notice requirements of section 46-1526. The zoning board of appeals may waive or reduce the required number of parking or loading spaces in any district only upon an expressed finding that:

(1)

The character of the use of the building is such as to make unnecessary the full provision of parking or loading spaces;

(2)

The lot upon which the building is located is within 1,000 feet of the boundary of a MARTA Rapid Transit Station;

(3)

The provision of the full number of parking spaces would have a deleterious effect on an historic building, site, district or archaeological resource;

(4)

The use has a characteristic that differentiates it from the typical use example used in the formulation of this zoning ordinance;

(5)

The location of the proposed development is relatively isolated where the opportunity for diversity of use, pedestrian access, and alternative modes is not available; or

(6)

The developer is providing the additional spaces for general public parking (for hourly or daily parking charges) to serve surrounding development.

(Ord. No. 2016-06-07, att. (7.5.4), 7-11-2016)

No variance shall be granted by the zoning board of appeals to:

(1)

Allow a structure or use not listed as a permitted use or a special use in the applicable zoning district or a density of development that is not authorized within such district. This prohibition does not apply to any variance from the supplemental regulations of article IV of this zoning ordinance or from any other accessory feature or characteristic of a permitted or special use, unless said variance is otherwise prohibited by the regulations of this division.

(2)

Allow any variance which conflicts with or changes any requirement enacted as a condition of zoning or of a special land use permit by the mayor and city council.

(3)

Reduce, waive or modify in any manner the minimum lot width unless the purpose is to reverse a lot merger.

(4)

Reduce, waive or modify in any manner the minimum lot area established by this division.

(5)

Extend the time period for a temporary outdoor social, religious, entertainment or recreation activity approved by the planning and zoning director.

(6)

Permit the expansion or enlargement of any nonconforming use of land, nonconforming use of land and buildings in combination, nonconforming use of land and structures in combination, or nonconforming use requiring special land use permit.

(7)

Permit the reestablishment of any nonconforming use of land, nonconforming use of land and buildings in combination, nonconforming use of land and structures in combination, or nonconforming use requiring special land use permit where such use has lapsed pursuant to the requirements and limitations of article VIII of this chapter.

(8)

Permit customer contact for a home occupation authorized by this division.

(9)

Allow any variance to increase the height of a building which will result in adding a story.

(Ord. No. 2016-06-07, att. (7.5.5), 7-11-2016; Ord. No. O2020-03-07, exh. A, 3-23-2020)

Each application presented to the zoning board of appeals regarding a variance shall be scheduled for a public hearing within 90 days of the filing of a complete application and shall be supported by findings and conclusions which shall be a part of the record established by the zoning board of appeals for each application. The zoning board of appeals shall grant or deny the variance in writing. In its written variance decision, the zoning board of appeals must include findings of fact citing evidence of compliance with all applicable criteria imposed by this division or other applicable provisions of law. The zoning board of appeals may adopt the findings of fact of the staff or the applicant, they may adopt the findings of fact of the staff or applicant with modifications, or they may adopt a separate set of facts developed by the zoning board of appeals.

(Ord. No. 2016-06-07, att. (7.5.6), 7-11-2016; Ord. No. O2025-06-13, Exh. A, 8-11-2025)

In such case that an application to the zoning board of appeals is initiated due to an existing violation of this division and such application is denied, the violation shall be required to be corrected within 30 days of such denial or as specified by the zoning board of appeals if a greater time period is required. The maximum extension of time the board may grant for correction shall be 90 days.

(Ord. No. 2016-06-07, att. (7.5.7), 7-11-2016)

All appeals of all final decisions of the zoning board of appeals under the provisions of this division shall be as follows: Only persons aggrieved by a final decision of the zoning board of appeals may seek review of such decision by petitioning the superior court of the county pursuant to Title 5 of the O.C.G.A., setting forth plainly the alleged errors. Such petition shall be filed within 30 days after the final decision of the zoning board of appeals is rendered.

(Ord. No. 2016-06-07, att. (7.5.8), 7-11-2016; Ord. No. 2017-03-57, § 6(G), 3-27-2017; Ord. No. O2023-05-05, § 4, 6-12-2023)

Notwithstanding any other provisions in this chapter to the contrary, the zoning board of appeals shall consider and grant reasonable accommodations necessary to afford persons with disabilities equal housing opportunities. In determining whether a particular accommodation is reasonable, the zoning board of appeals shall consider whether the request imposes an undue burden or expense on the city and whether the proposed accommodation would create a fundamental alteration in the zoning scheme. An application for a Fair Housing Act Accommodation Variance shall comply with all other procedural requirements for consideration and approval of variances in this division.

(Ord. No. 2016-06-07, att. (7.5.9), 7-11-2016; Ord. No. 2017-03-57, § 6(H), 3-27-2017)

The mayor and city council may consider a concurrent variance from any standards of the zoning ordinance which shall be filed simultaneously with rezoning, special land use permit or zoning modification requests on the same property based on the conceptual plan submitted with the petition for the same agenda. The planning commission shall also hear and make recommendations on concurrent variances filed with rezoning or special land use permit applications. The mayor and city council shall consider such concurrent variance requests in accordance with the standards set forth in section 46-1633. Public notification shall be in accordance with section 46-1526.

(1)

Limitations on concurrent variances.

a.

The mayor and city council may only consider variance requests as part of, or in conjunction with, a rezoning, use permit or modification application.

b.

If an application for a variance to the zoning board of appeals duplicates a concurrent variance request denied by the mayor and city council, such an application shall not be accepted by the director of the department of planning and zoning prior to the expiration of 24 months from the date of the mayor and 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 mayor and city council.

(2)

Application for concurrent variances.

a.

Applications for a concurrent variance shall be submitted to the director of the department of planning and zoning in accordance with the advertised filing deadlines for the mayor and city council meetings. A regular variance fee shall be charged and the application shall comply with all advertising and notification requirements specified in section 46-1526. One notice sign may serve for both the rezoning, special land use permit, zoning modification, and concurrent variance request as long as the sign is marked to indicate all actions which are pending.

b.

The variance case file number for each concurrent variance requested shall be included on the rezoning petition.

c.

A concurrent variance may be submitted after the Planning Commission public hearing. A concurrent variance request submitted after the Planning Commission is not required to be sent back to the Planning Commission. The concurrent variance is required to have one public hearing before mayor and city council.

(Ord. No. 2016-07-16, att. (7.5.10), 9-1-2016; Ord. No. O2020-03-07, exh. A, 3-23-2020)

The planning and zoning director is hereby authorized to consider and decide requests for special administrative permits specifically authorized in this zoning ordinance. All such requests for special administrative permits shall be filed in writing on forms promulgated by the planning and zoning director.

(Ord. No. 2016-06-07, att. (7.6.1), 7-11-2016; Ord. No. O2020-03-07, exh. A, 3-23-2020)

All applications filed for special administrative permit with the planning and zoning director shall be considered and decided pursuant to the standards contained in sections 46-1594 and 46-1595, and any supplemental regulations, as applicable, in article IV of this chapter. All special administrative permits approved by the planning and zoning director shall specify the length of time of the duration of each such special administrative permit

(Ord. No. 2016-06-07, att. (7.6.2), 7-11-2016; Ord. No. O2020-03-07, exh. A, 3-23-2020)

All applications for special administrative permits shall be considered and decided by the planning and zoning director no later than 30 days from the receipt of a complete application for such special administrative permit, unless an extension of time is agreed to by the applicant and the planning and zoning director. If the planning and zoning director does not render a decision on the application within 30 days, the application shall be deemed denied as of the 31st day after receipt of a complete application.

(Ord. No. 2016-06-07, att. (7.6.3), 7-11-2016; Ord. No. O2020-03-07, exh. A, 3-23-2020)

The planning and zoning director is hereby authorized to consider and grant or deny, pursuant to the procedures and standards contained in this division, an administrative variance or an administrative waiver from the following regulations and subject to the standard limitations:

(1)

Reduce by variance any front, side or rear yard setback by an amount not to exceed ten percent of the district requirement, but not including any transitional buffer zone or any setback which is a condition of zoning or special land use permit, pursuant to the standards specified in section 46-1633.

(2)

Reduce by variance the required spacing between buildings in districts where multiple buildings are authorized on a single lot in an amount not to exceed ten percent of the requirement, pursuant to the standards specified in section 46-1633.

(3)

Reduce by variance the off-street parking or loading requirements imposed by this division in an amount not to exceed ten percent of the district requirement, pursuant to the standards specified in section 46-1634.

(4)

Reduce by variance the off-street parking requirements imposed by this division for any lot which is located within 1,000 feet of the boundary of a MARTA Rapid Transit Station in an amount not to exceed 25 percent of the district requirement, pursuant to the standards specified in section 46-1634.

(5)

Increase by variance the retaining wall height as set forth in article 5, division 4 of this chapter by an amount not to exceed two feet, but no such variance is allowed for property located in an historic district.

(6)

Increase by variance the distancing requirements for retaining walls set forth in article 5, division 4 of this chapter by an amount not to exceed two feet.

(7)

Increase by variance the elevation of residential thresholds as set forth in article 5, division 2 of this chapter by two feet.

(8)

Reduce by variance, as follows, if necessary to allow reasonable use following a public road right-of-way donation or acquisition:

a.

To reduce required minimum lot size by up to 50 percent only to maintain the predetermined yield.

b.

To reduce required setbacks for a permitted or existing structure on a lot in the event of public road right-of-way donations or acquisition that would otherwise cause the lot to be nonconforming with respect to the minimum setback standards.

c.

To reduce the number of parking spaces for any existing or permitted structure below the minimum required parking spaces applicable to the use.

(9)

Waive architectural building standards and designs provided in article V of this chapter. The planning and zoning director shall notify the mayor and city council in writing within ten days of granting said waiver.

(10)

No administrative variance or waiver shall be authorized to delete, modify, or change in any manner any condition imposed by the mayor and city council or the zoning board of appeals.

(Ord. No. 2016-06-07, att. (7.6.5), 7-11-2016; Ord. No. O2020-03-07, exh. A, 3-23-2020)

An application for administrative variance or administrative waiver shall be submitted to the planning and zoning director on forms approved by the planning and zoning director, along with any such fees as may be established by the mayor and city council.

(1)

The planning and zoning director shall review and decide upon each complete application pursuant to the applicable standards referred to in section 46-1669. A written decision on each such application shall be issued no later than 30 days from the date a complete application was filed, unless an extension is agreed to by the applicant and planning and zoning director. If the planning and zoning director does not render a decision on the application within 30 days the application shall be deemed denied as of the 31st day after receipt of a complete application.

(2)

The application for an administrative variance or administrative waiver shall state the specific regulation from which exception is sought and the reasons the exception is needed. The application shall contain such information as the planning and zoning director deems necessary to evaluate the request.

(3)

It shall be the applicant's burden to provide sufficient justification for granting the variance or waiver.

(4)

The planning and zoning director and staff shall prepare an evaluation statement concerning each application showing the impact of the applicable criteria as set forth in this division.

(5)

No later than ten calendar days after making a decision, the planning and zoning director shall post a sign on the subject property and on the city's website which reflects the decision of the planning and zoning director and the deadline for taking an appeal of the decision to the zoning board of appeals.

(Ord. No. 2016-06-07, att. (7.6.6), 7-11-2016; Ord. No. O2020-03-07, exh. A, 3-23-2020)

(a)

The planning and zoning director shall grant or deny applications for administrative variances from the strict application of the regulations identified in section 46-1667(1), where the strict application of the associated regulations would result in exceptional and undue hardship upon the owner of such property. In determining whether or not to grant a variance, the director shall apply the criteria specified in sections 46-1633 and 46-1634 to the facts of each application.

(b)

The planning and zoning director shall consider administrative waivers to amend, reduce, or waive architectural, design, or building material standards found in article V of this chapter, using the following criteria:

(1)

Whether the proposed change in appearance will have a substantial adverse effect on the design standards set out in article V of this chapter.

(2)

The extent to which the proposed project complies with the design standard in terms of architectural style, general design arrangement, texture and color (non-painted surfaces) material of architectural features, and other site features.

(3)

The extent to which the proposal is compatible with other structures in the area.

(c)

When issuing a written decision on an administrative waiver request, the planning and zoning director may make a decision to approve the waiver, approve with conditions, or deny the waiver, and shall cite the grounds relied upon in reaching the decision.

(Ord. No. 2016-06-07, att. (7.6.7), 7-11-2016; Ord. No. O2020-03-07, exh. A, 3-23-2020)

Any person identified in section 46-1632(b) shall have the right to appeal by a decision of the planning and zoning director related to administrative permits, variances or waivers to the zoning board of appeals. Such petition shall be filed within 30 days after the decision of the director is rendered.

(Ord. No. 2016-06-07, att. (7.6.8), 7-11-2016; Ord. No. O2020-03-07, exh. A, 3-23-2020)

The community development director shall be responsible for the interpretation, administration and enforcement of the provisions of this division. The community development director shall have the duty to issue development permits as required with respect to this division.

(Ord. No. 2016-06-07, att. (7.7.1), 7-11-2016)

Unless otherwise exempted by this division, a development permit shall be required for any proposed use of land or buildings in order to ensure compliance with all provisions of this division and all other ordinances and regulations before any building permit is issued or any improvement, grading, or alteration of land or buildings commences.

(Ord. No. 2016-06-07, att. (7.7.2), 7-11-2016)

A building permit and a certificate of occupancy shall be obtained from the community development director prior to occupancy of any building or structure. Such permit and certificate of occupancy shall be approved by the community development director.

(Ord. No. 2016-06-07, att. (7.7.3), 7-11-2016)

(a)

All applications for development permits shall be made to the community development director.

(b)

All applications for building permits and certificates of occupancy shall be made to the community development director.

(c)

Prior to the release of a development permit, compliance with zoning shall be reviewed and verified by the planning and zoning director.

(Ord. No. 2016-06-07, att. (7.7.4), 7-11-2016; Ord. No. O2020-03-07, exh. A, 3-23-2020)

(a)

Plans required. All applications for development permits shall be accompanied by complete plans, which shall be drawn to scale, filed in duplicate, and which shall contain the following information:

(1)

The name and signature of the author, and the author's address and telephone number;

(2)

Plans shall show the actual shape and dimensions of the lot to be built upon, based on an actual survey by a professional engineer or land surveyor registered in the state;

(3)

Plans shall show all required building setback lines, buffer zones, and open space required by this division;

(4)

Plans shall show the exact sizes and locations on the lot of the buildings and accessory buildings then existing and the lines within which the proposed building or structure shall be erected or altered;

(5)

Plans shall show the current zoning classification of the property including zoning conditions and zoning variances, if any;

(6)

Plans shall show the existing or intended use of each building or part of building, and the number of families or housekeeping units the building is designed to accommodate;

(7)

Plans shall show such other information as may be required by the community development director with regard to the lot and neighboring lots as may be necessary to determine and provide for the application of and enforcement of the requirements of this division.

(b)

Plans shall be returned to the owner when the plans have been approved by the community development director.

(c)

Approval of the preliminary subdivision plat and compliance with all applicable provisions of the subdivision regulations contained in chapter 22 and in this chapter shall constitute approval of the development permit for a subdivision.

(d)

Development permits for individual structures within approved residential subdivisions or developments shall not be required.

(Ord. No. 2016-06-07, att. (7.7.5), 7-11-2016)

All development permits shall be issued by the community development director, which shall in no case grant any development permit for the use, construction or alteration of any land or building if the land or building as proposed to be used, constructed or altered would be in violation of any of the provisions of this division or any other ordinances and laws of the city or the state, except as provided herein. Development permits issued on properties for which any variance or special exception has been approved by the board of zoning appeals shall be in compliance with all of the terms and conditions of such approval. Development permits issued on properties for which any special land use permit has been approved by the mayor and city council shall be in compliance with all of the terms, conditions, and site plans related to such approval. Development permits issued on properties in an R-SM, MR-1, MR-2, HR-1, MU-1, MU-2, MU-3 or MU-4 district (or prior classifications of retired districts of CH, TND, or any PC District) shall be in compliance with the final plans approved by the community development director. Development permits issued on properties for which conditional zoning is approved shall be in compliance with the approved statement of zoning conditions for such application. Minor alterations of conditions shall be authorized only in accordance with the provisions of this division.

(Ord. No. 2016-06-07, att. (7.7.6), 7-11-2016; Ord. No. O2023-09-16, Exh. A, 10-10-2023)

(a)

Development permit applications shall expire after 12 months of inactivity. Written notice of the expiration shall be given to the applicant for the permit. The expiration of a development application shall not prevent an applicant from reapplying so long as the use is still permitted by the zoning ordinance.

(b)

A development permit shall be valid for two years from its issuance subject to the following provisions:

(1)

If the work authorized in any development permit has not begun within six months from the date of issuance thereof, the permit shall expire.

(2)

If the work described in any development permit has not been substantially completed within two years of the date of issuance thereof, the permit shall expire.

(3)

Written notice of the expiration shall be given to the applicant for the permit, together with notice that further work as described in the canceled permit shall not proceed until a new development permit has been obtained.

(Ord. No. O2025-06-13, Exh. A, 8-11-2025)

Editor's note— Ord. No. O2025-06-13, Exh. A, adopted August 11, 2025, amended the title of § 46-1700 to read as herein set out. The former § 46-1700 title pertained to duration of validity of development permits.

The building inspection duties of the community development director with respect to this division shall include, but not be limited to:

(1)

Issuance of building permits in accordance with all provisions of this division and only after the community development director has issued a development permit.

(2)

Making field inspections to determine that the building or structure being constructed, reconstructed or structurally altered or used is being constructed or modified in accordance with the site plan for which a development permit and building permit have been issued. When a violation is found to exist, the community development director shall immediately initiate appropriate legal action to ensure compliance.

(3)

Ensuring that all construction has been completed in accordance with all applicable requirements of the Code of the City of Tucker prior to allowing occupancy.

(Ord. No. 2016-06-07, att. (7.7.8), 7-11-2016)

The community development director and the planning and zoning director shall maintain records of all official administrative actions taken by their department pursuant to their duties as set forth in this division. The community development director and planning and zoning director shall further maintain records of all complaints filed with their department pursuant to the requirements of this division and of all actions taken with regard to such complaints, and of all violations discovered by whatever means, with remedial action taken and disposition of cases. All such records shall be public records and shall be retained in accord with Georgia's Records Act, O.C.G.A. § 50-18-90 et seq., and pertinent record retention schedules.

(Ord. No. 2016-06-07, att. (7.7.9), 7-11-2016; Ord. No. O2020-03-07, exh. A, 3-23-2020)

Upon presentation of city identification to the developer, contractor, owner, owner's agent, operator or occupant, city employees authorized by the community development director or the planning and zoning director may enter during all reasonable hours any property for the purpose of making inspections to determine compliance with the provisions of this division. Should access to the property be denied, an inspection warrant may be obtained as authorized in section 46-1704.

(Ord. No. 2016-06-07, att. (7.7.10), 7-11-2016; Ord. No. O2020-03-07, exh. A, 3-23-2020)

The community development director or the planning and zoning director, in addition to other procedures provided, may obtain an inspection warrant under the conditions specified in this division. The warrant shall authorize the community development director, the planning and zoning director, the building official, or director of public works to conduct a search or inspection of property, either with or without the consent of the person whose property is to be searched or inspected, under the conditions set out in this section.

(1)

Inspection warrants may be issued by the recorder's court when the issuing judge is satisfied that all of the following conditions are met:

a.

The person seeking the warrant must establish under oath or affirmation that the property to be inspected is to be inspected as a part of a legally authorized program of inspection which includes that property or that there is probable cause for believing that there is a condition, object, activity, or circumstance which legally justifies such an inspection of that property.

b.

The issuing judge determines that the issuance of the warrant is authorized by this section and applicable state and federal law.

(2)

An inspection warrant shall be validly issued only if it meets all of the following requirements:

a.

The warrant is attached to the affidavit required to be made in order to obtain the warrant.

b.

The warrant describes, either directly or by reference to the affidavit, the property upon which the inspection is to occur and is sufficiently accurate that the executor of the warrant and the owner or possessor of the property can reasonably determine from it the property for which the warrant authorizes an inspection.

c.

The warrant indicates the conditions, objects, activities, or circumstances which the inspection is intended to check or reveal.

d.

The warrant refers, in general terms, to the ordinance provisions sought to be enforced.

(Ord. No. 2016-06-07, att. (7.7.11), 7-11-2016; Ord. No. O2020-03-07, exh. A, 3-23-2020)

In case any building or structure is or is proposed to be erected, constructed, reconstructed, altered, converted or maintained, or any building, structure or land is or is proposed to be used in violation of any provision of this division, the city may, in addition to other remedies, and after due notice to the owner of the violation, issue a citation for violation of this division requiring the presence of the violator in court. The city may also in such cases institute injunction or other appropriate action or proceeding to prevent an unlawful erection, construction, reconstruction, alteration, conversion, maintenance or use or to correct or abate the violation or to prevent the occupancy of the building, structure or land. Where a violation of this division exists with respect to a structure or land, the community development director may, in addition to other remedies, require that public utility service be withheld therefrom until such time as the structure or premises is no longer in violation of this division.

(Ord. No. 2016-06-07, att. (7.7.12), 7-11-2016)

Whenever any building or premises is being constructed, used, or occupied contrary to the provisions of this chapter or chapter 8, the community development director or planning and zoning director may order the work stopped in accordance with the provisions of chapter 8. The community development director may revoke any building permit or certificate of occupancy for any land, building or this division in order to protect the health, safety and general structure being constructed, used or occupied in violation of welfare of the residents of the city.

(Ord. No. 2016-06-07, att. (7.7.13), 7-11-2016; Ord. No. O2020-03-07, exh. A, 3-23-2020)

Fees and charges for permits and inspections shall be as established by official action of the governing authority.

(Ord. No. 2016-06-07, att. (7.7.14), 7-11-2016)

Certificates of occupancy are required as follows and shall be issued by the community development director only after all requirements of this division and other applicable parts of the Code have been met:

(1)

For new or altered structures and uses. No person shall use or permit the use of any building, structure, or premises or part thereof hereafter created, erected, changed, converted, enlarged or moved, wholly or partly, in use or structure, until a certificate of occupancy reflecting the extent and location of the use shall have been issued to the owner or tenant by the community development director. Where a building permit is involved, such certificate of occupancy shall show that the structure or use, or both, to the affected part thereof, is in conformance with the requirements of this division. It shall be the duty of the community development director to issue such certificate of occupancy if the community development director finds that all of the requirements of this chapter have been met, and to withhold such certificate of occupancy if the director finds that all of the requirements of this chapter have not been met.

(2)

Temporary certificates of occupancy. A temporary certificate of occupancy for a part of a building or premises may be issued in accordance with the requirements of this chapter, and the community development director may impose such additional conditions and safeguards as are necessary in the circumstances of the case to protect the safety of the occupants and of the general public.

(3)

Certificates of occupancy for existing uses or structures. An owner may request a new certificate of occupancy for existing uses or structures. Said requests shall be in the form required by the community development director and shall require all professional surveys or certifications required by the community development director to adequately comply with said request. The community development director shall require as a part of said request, fees to process said requests as are established by the mayor and city council. Upon review of the application and other relevant investigation by the community development director, if in conformance with the requirements of this division, the community development director shall issue a certificate of occupancy for any buildings, premises or use, certifying that the building, premises or use is in conformance with the requirements of this division.

(Ord. No. 2016-06-07, att. (7.7.15), 7-11-2016)

It shall be unlawful for any person, firm or corporation to erect, construct, enlarge, alter, repair, move, improve, remove, convert or demolish, equip, use, occupy or maintain any building or structure or use any land in the city, or cause the same to be done, contrary to or in violation of any of the provisions of this division.

(Ord. No. 2016-06-07, att. (7.7.16), 7-11-2016)

Any person, firm or corporation violating any of the provisions of this division shall be deemed guilty of an offense and upon conviction in court shall be punished as is provided by law. Where any violation continues, each day's continuance of a violation shall be considered a separate offense. The owner of any buildings or premises or parts thereof, where anything in violation of this division exists, and any architect, builder, contractor or any other agent of the owner, or any tenant, who commits or assists in the commission of any violation, shall be guilty of a separate offense. In addition, the city may revoke the permit of any entity found guilty of violating this division in accordance with the procedures of this section for a period of time not to exceed five years, except to the extent prohibited by law.

(Ord. No. 2016-06-07, att. (7.7.17), 7-11-2016; Ord. No. O2024-07-12, Exh. A, 8-12-2024)

Nothing herein shall be construed as repealing the conditions of use, operation, or site development accompanying zoning approvals or permits issued under previous zoning ordinances or resolutions, provided further that modification or repeal of these past conditions of approval may be accomplished as authorized and provided by this division. All variances and exceptions heretofore granted by the zoning board of appeals shall remain in full force and effect, and all terms, conditions and obligations imposed by the zoning board of appeals shall remain in effect insofar as required for the initiation of any proceedings against these violations and for the prosecution of any violations heretofore commenced.

(Ord. No. 2016-06-07, att. (7.7.18), 7-11-2016)