LandCode
Atlanta › Land Development Code — Part III

Chapter 6 — Budget and Planning

current as of 2026-05-29currency checked manuallyOfficialVerify with City of Atlanta ↗55 sections · full chapter
§ 6-1004

Provisions of 1957 planning law adopted.

Sec. 6-1004. Provisions of 1957 planning law adopted.

All of the provisions of an act of the General Assembly of Georgia approved March 13, 1957 (Ga. L. 1957, pp. 420 et seq.), as now or hereafter amended are hereby adopted. (Code 1977, § 6-1004)

§ 6-1005

Copies of minutes of official proceedings and documents; department authorized to charge for service.

Sec. 6-1005. Copies of minutes of official proceedings and documents; department authorized to charge for service.

The department of planning and development is authorized to make a charge for this service as follows: (i) For copying of documents, etc., $0.15 per page or portion thereof. (ii) For transcribing tapes or portions of tapes (tapes of zoning review board and the board of zoning adjustment only) $10.00 per hour or portion thereof. (iii) Fees collected to be paid into the general fund account through the medium of a miscellaneous receipt. (Code 1977, § 6-1005)

§ 6-1006

Publication of legal notices.

Sec. 6-1006. Publication of legal notices.

The City of Atlanta, Department of Planning and Development, Bureau of Planning shall, by blanket purchase order, to be renewed annually, contract with the newspaper which is the official organ for the counties of Fulton and Dekalb, Georgia for the publication of all legal notices of public hearings on proposed amendments to the zoning and related ordinances. (Code 1977, § 6-1006)

§ 6-1007

Fees.

Sec. 6-1007. Fees.

The office of zoning and development is hereby authorized to charge fees for the administration of the City of Atlanta's Zoning Ordinance as follows:

(a)Rezoning applications: Rezoning application fees shall be based on the zoning district for which an applicant applies and upon the size of the property for which the application is made, based on the following schedule:
(1)To R-1, R-2, R-2A, R-2B, R-3, R-3A, R-4, R-4A: (all): $500.00.
(2)To R-5, RG, PDH: (1 acre or less): $500.00; (1+ to 5 acres): $625.00; (5+ to 10 acres): $750.00; (10+ acres): $1,250.00.
(3)To R-LC, O-I, C-1, C-2, C-4, C-5, I-1, I-2, I-MIX: (1 acre or less): $1,000.00; (1+ to 5 acres): $1,500.00; (5+ to 10 acres): $2,000.00; (10+ acres): $3,000.00.
(4)To C-3, PD-OC, PD-MU, PD-BP: (1 acre or less): $3,000.00; (1+ to 5 acres): $4,500.00; (5+ acres): $6,000.00.
(5)To any SPI District: (all): $3,000.00.
(6)LW (Live Work), MRC (Mixed Residential Commercial), NC (Neighborhood Commercial): (One acre or less) $3,000.00; (One plus to five acres) $4,500.00; (Five plus acres) $6,000.00.
(7)MR (Multi-family residential), MR-MU: (One acre or less) $500.00; (One plus to five acres) $625.00; (Five plus to ten acres) $750.00; (Ten plus acres) $1,250.00.
(b)Special use permit applications: All special use permit applications, with regard to the zoning district in which the subject property is located, shall be $400.00.
(c)Site plan amendment applications: Site plan amendment fees shall be based on the zoning district in which the subject property is located and upon the size of the property for which the application for amendment is made, based on the following schedule:
(1)In R-1, R-2, R-2A, R-2B, R-3, R-3A, R-4, R-4A, R-4B: (all): $500.00.
(2)In R-5, RG, PDH: (1 acre or less): $500.00; (1+ to 5 acres): $625.00; (5+ to 10 acres): $750.00; (10+ acres): $1,250.00.
(3)In R-LC, O-I, C-1, C-2, C-4, C-5, I-1, I-2, I-MIX: (1 acre or less): $1,000.00; (1+ to 5 acres): $1,500.00; (5+ to 10 acres): $2,000.00; (10+ acres): $2,500.00.
(4)In C-3, PD-OC, PD-MU, PD-BP: (1 acre or less): $2,500.00; (1+ to 5 acres): $3,250.00; (5+ acres): $4,000.00.
(5)In any SPI District: (all): $3,250.00.
(6)LW (Live Work), MRC (Mixed Residential Commercial), NC (Neighborhood Commercial): (One acre or less) $3,000.00; (One plus to five acres) $4,500.00; (Five plus acres) $6,000.00.
(7)MR (Multi-family residential), MR-MU: (One acre or less) $500.00; (One plus to five acres) $625.00; (Five plus to ten acres) $750.00; (Ten plus acres) $1,250.00.
(d)Transfer of ownership applications: All transfer of ownership applications (special use permit, special administrative permit, special exception), without regard to the zoning district in which the subject property is located, shall be $200.00.
(e)Comprehensive development plan (CDP) amendments: All applications for rezoning or site plan amendment which are deemed by the bureau of planning to require consideration by the city council on an individual basis of a change in the adopted land use element of the comprehensive development plan (CDP) shall require, in addition to fees stated elsewhere in this section, an additional fee of $1,000.00.
(f)Special administrative permits: The special administrative permit application fee shall be based on the following schedule:
(1)Developments (new construction or any construction which results in increased lot coverage, modification of the building footprint, modification of building façades that alters the configuration of openings, and conversions or additions to existing buildings) less than 50,000 square feet of floor area:

$500.00

(2)Developments greater than or equal to 50,000 square feet of floor area but less than 250,000 square feet of floor area:

$1,000.00

(3)Developments greater than or equal to 250,000 square feet of floor area:

$1,500.00

(4)Cell towers and co-location of antenna: . . . . . .

$250.00

(5)Urban gardens: . . . . . . .

$30.00

(6)Outdoor amusement enterprises, exhibits, entertainments, meetings, displays or sales areas (under 90 days):

$75.00

(7)Temporary outdoor events and/or sales on private property: . . . . .

$75.00

(8)Exterior demolition, expansions of outdoor dining and all others not listed above: . . . . . .

$250.00

(g)Applications to sever, transfer or receive development rights or to amend or renew such previously approved applications: $400.00.
(h)Subdivision applications: Subdivision application fees shall be based on the size of the property for which the application is made and the complexity of the application, based on the following schedule:
(1)Subdivision with all lot frontages facing an existing City of Atlanta right-of-way: $250.00 application fee paid at the time of submission of the application with a fee of $10.00 per lot paid at the time that the final subdivision plat is approved.
(2)Subdivision of up to ten acres requiring the installation of any right-ofway which is to be dedicated to the City of Atlanta or the connection of private streets to City of Atlanta right-of-way: $250.00 application fee paid at the time of submission of the application with a fee of $10.00 per lot paid at the time that the final subdivision plat is approved.
(3)Subdivision of more than ten acres requiring the installation of any right-of-way which is to be dedicated to the City of Atlanta or the connection of private streets to City of Atlanta right-of-way: $1,000.00 application fee paid at the time of submission of the application with a fee of $10.00 per lot paid at the time that the final subdivision plat is approved.
(4)Replat of residential property: $40.00 for first two lots with $20.00 per lot for any additional lot.
(5)Replat of non-residential property: $20.00 for first two lots with $10.00 per lot for any additional lot.
(i)Sidewalk cafe permits: $200.00 regardless of zoning district.

Fees collected under the provisions of this section shall be paid to the department of finance and credited to the General Revenue Fund of the City of Atlanta. (Code 1977, § 6-1007; Ord. No. 2002-67, §§ 1—6, 8-26-02; Ord. No. 2004-54, § 2, 8-2-04; Ord. No. 2008-44(08-O-0874), § 1, 6-24-08; Ord. No. 200932(09-O-0802), § 1, 6-23-09; Ord. No. 2014-45(14O-1391), § 2, 10-29-14; Ord. No. 2019-39(19-O1344), § 1, 7-10-19)

Cross references—Zoning fees generally, § 16-30.011; zoning ordinance amendments, § 16-27.001 et seq.

CHAPTER 2. RESERVED

CHAPTER 3. PLANNING* ARTICLE A. GENERAL PROVISIONS

§ 6-3001

Functions and duties of planning commission transferred to bureau of planning.

Sec. 6-3001. Functions and duties of planning commission transferred to bureau of planning.

All of the functions, powers and duties granted to a municipal planning commission authorized by an act of the General Assembly of Georgia approved March 13, 1957 (Ga. L. 1957, pp. 420 et seq.) as now or hereafter amended and all other *Charter reference—Planning generally, § 3-601 et seq. Code of ordinances references—Naming of public facilities and streets in honor of persons, § 2-2; signs and billboards, § 6-26 et seq.; community development, ch. 54; urban enterprise zones, § 146-51 et seq. Cross references—Subdivision regulations, § 15-01.001 et seq.; zoning, § 16-01.001 et seq.; impact fees, § 19-1001 et seq. Related laws reference—Planning, ch. 7. State law references—Constitutional grant of home rule powers, Ga. Const. art. IX, § II; specific grant of constitutional authority relative to planning and zoning, Ga. Const. art. IX, § II, ¶ IV; statutory grant of home rule powers, O.C.G.A. § 36-35-1 et seq.; coordinated and comprehensive planning by counties and municipalities, O.C.G.A. § 36-70-1 et seq.; zoning procedures generally, O.C.G.A. § 36-66-1 et seq.; zoning proposal review procedures, O.C.G.A. § 36-67-1 et seq.; conflicts on interest in zoning actions, O.C.G.A. § 36-67A-1 et seq.

powers and authority now or hereafter granted to municipal planning commissions under any other applicable law are hereby transferred to the bureau of planning of the department of planning and development of the city. (Code 1977, § 6-3001)

§ 6-3002

Comprehensive development plans; kept current.

Sec. 6-3002. Comprehensive development plans; kept current.

It is hereby found and declared that the City of Atlanta Comprehensive Development Plans must be kept consistent with the five-year planning cycle in order to be used as the chief policy guide for the orderly development of the city, which necessarily involves amendment to the plan between each review and updating. This requires that council procedures be established to review and consider recommendations on appropriate courses of action in respect to all such amendments. (Code 1977, § 6-3002; Ord. No. 2004-08, § 4, 2-10-04)

§ 6-3003

Comprehensive development plans; conformity required.

Sec. 6-3003. Comprehensive development plans; conformity required.

All ordinances and resolutions which involve the expenditure of funds for a project or program must contain a finding that such project or program conforms to the current comprehensive development plans. (Code 1977, § 6-3003)

§ 6-3004

Comprehensive development plans; amendments to.

Sec. 6-3004. Comprehensive development plans; amendments to.

All ordinances and resolutions involving projects or programs which do not conform with the current comprehensive development plan shall be considered as plan amendments and shall be referred to the development committee which shall:

(1)Evaluate such amendment in relation to the comprehensive development plans quarterly; and
(2)Conduct public hearings on all plan amendments; and
(3)The planning staff shall notify the property owners at least 14 days prior to the date of the public hearing.
(4)After the development committee acts on the comprehensive development plan amendments, the ordinance containing such amendments shall be forwarded to the zoning committee; and
(5)Any amendment denied by the full council, with the exception of the update every five years, shall have a 24-month waiting period prior to reapplication.
(Code 1977, § 6-3004; Ord. No. 2003-63, § 1, 10-28-02; Ord. No. 2004-08, § 5, 2-10-04)
§ 6-3005

Plan amendments defined.

Sec. 6-3005. Plan amendments defined.

A plan amendment shall be deemed to be any proposed change to any element of a current comprehensive development plan and shall be deemed to include, without limitations but not limited to:

(1)Addition or deletion of projects or programs;
(2)Changes in funding levels of projects or programs;
(3)Changes in time frame for initiation or implementation of projects or programs;
(4)Changes in priorities of projects or programs;
(5)Additions or deletions of parcels for rezoning; and
(6)Any amendment, other than a change included as part of a council committee recommendation, which is introduced or otherwise submitted council after public hearings.
(Code 1977, § 6-3005; Ord. No. 2004-08, § 6, 2-10-04)
§ 6-3006

Adopting ordinance.

Sec. 6-3006. Adopting ordinance.

The ordinance adopting each five-year update of the comprehensive development plans shall be read at three separate meetings of council, shall be in final form at the time of the third reading, and shall be ripe for adoption at the third meeting. (Code 1977, § 6-3006; Ord. No. 2004-08, § 7, 2-10-04)

Secs. 6-3007—6-3010. Reserved.

ARTICLE B. NEIGHBORHOOD PLANNING
§ 6-3011

Statement of policy and purpose.

Sec. 6-3011. Statement of policy and purpose.

The council finds that it is in the public interest for the City of Atlanta to have an organized program of neighborhood planning. It is the purpose of this article to provide an opportunity both for the citizenry formally to provide input into the comprehensive development plan of the city and to provide a means by which information concerning the operation of city government can be provided to the citizens of Atlanta. Further, it is the policy of the city to coordinate the recommendations of neighborhood planning units with the formulation of the city's budget, both capital and operating, in order that the comprehensive development plan be an effective policy guide for the orderly development of the city. (Code 1977, § 6-3011; Ord. No. 1999-81, § 1, 11-10-99)

§ 6-3012

Definitions.

Sec. 6-3012. Definitions.

As used in this article:
(1)Neighborhood means a geographic area either with distinguishing characteristics or in which the residents have a sense of identity and a commonality of perceived interest, or both. Factors that may contribute to neighborhood identity include shared development, history, architecture, social and economic relationships, physical boundaries and the existence of one or more broadly representative neighborhood organizations devoted to neighborhood preservation and improvement.
(2)Neighborhood planning unit, hereinafter also referred to as N.P.U., means (1) a geographic area composed of one or more contiguous neighborhoods, which have been defined by the department of planning, and development and neighborhood conservation based on criteria previously established by the department and approved by the council for the purpose of developing neighborhood plans and (2) a body of residents of such geographic area organized for the purpose of engaging in comprehensive planning matters affecting the livability of neighborhoods.
(3)Resident shall mean any person 18 years of age or older whose primary place of residence is within the neighborhood planning unit, or any corporation, organization, institution or agency which owns property or has a place of business or profession within the N.P.U. Each resident may hold office in only one N.P.U. Each resident, meaning any person who resides within the N.P.U., or any corporation, organization, institution or agency which owns property or has a place of business or profession, shall have one vote and shall have the right to exercise that vote on all issues which come before the N.P.U.; provided that an N.P.U. may adopt bylaws calling for representative voting, as long as the adoption and revision of such bylaws is by vote open to all such residents without attendance requirements, dues payments, or any other limitation.
(4)Council district planning committee means a body of residents of a council district formed from representatives of the neighborhood planning units to coordinate council district plans. The council member for the district may initiate the organization of these committees, but may not hold any office in any of the committees. These committees may continue in existence from year to year.
(Code 1977, § 6-3012; Ord. No. 1999-78, § 1, 11-10-99; Ord. No. 1999-81, § 1, 11-10-99)
§ 6-3013

Neighborhood planning units.

Sec. 6-3013. Neighborhood planning units.

(a)Designation. The department of city planning shall recommend neighborhood planning units, as defined in section 6-3012(2) of this chapter, which shall include all areas of the city. N.P.U.'s may comprise as many, or as few neighborhoods as practicable and may cross council district boundaries. Such designation shall be approved by the Atlanta City Council. The designation of the N.P.U. shall be based on criteria previously established by the department of planning and development and approved by the council and shall include the consideration of existing citizens' organizations' boundaries which may exist at the time of designation, as well as provisions for the change of neighborhood boundaries when necessary.
(b)Preservation of information. The bureau of planning shall make available to neighborhood units basic information, including but not limited to, the areas of land use, transportation, community facilities, programmed capital improvements, housing, human resources, social and recreational programs, environmental quality, open space and parks and citizen involvement in planning and zoning to assist them in neighborhood planning activities. This information shall be presented in such a manner as to be readily recognizable to the residents of each N.P.U. This information shall be presented graphically when practicable.
(c)Neighborhood planning units. The neighborhood planning unit may recommend an action, a policy or a comprehensive plan to the city and to any city agency on any matter affecting the livability of the neighborhood, including, but not limited to, land use, zoning, housing, community facilities, human resources, social and recreational programs, traffic and transportation, environmental quality, open space and parks; assist city agencies in determining priority needs for the neighborhood; review items for inclusion in the city budget and make recommendations relating to budget items for neighborhood improvement; and advise the bureau of planning on the preparation of the 15 and five-year comprehensive development plans.
(d)Accountability. Neighborhood planning units shall be accountable to the residents of the area they represent. (Code 1977, § 6-3013; Ord. No. 1999-81, § 1, 11-10-99; Ord. No. 2004-08, § 8, 2-10-04; Ord. No. 2022-35(22-O-1747), § 1, 10-12-22)
§ 6-3014

Public hearings.

Sec. 6-3014. Public hearings.

(a)Manner in which hearings are to be held. The bureau of planning shall hold hearings to focus on the six study areas as defined in the currently adopted comprehensive development plan. Said hearings shall be held in such a manner that there be not less than one public hearing for each study area prior to the preparation of any comprehensive development plan.
(b)Notice. The city shall provide notice of the number of hearings and their dates, times and places. Such notice shall be provided through advertising in a newspaper of general circulation, included on the regular N.P.U. agenda mail-out and provided as a public service announcement. (Code 1977, § 6-3014; Ord. No. 1999-81, § 1, 11-10-99; Ord. No. 2004-08, § 9, 2-10-04)

Charter reference—Boards and commissions, § 3-401. Code of ordinances reference—Boards, councils and commissions, § 2-1851 et seq. Cross reference—Zoning, § 16-01.001 et seq.

§ 6-3015

Schedule of citizen involvement.

Sec. 6-3015. Schedule of citizen involvement.

(a)The mayor shall prepare a schedule of citizen involvement regarding the draft of the comprehensive development plan. This report shall be presented to the community development/ human resources committee at a regularly scheduled meeting in January of the year in which the plan is to be updated.
(b)The mayor shall coordinate citizen participation in planning, under provisions of this article and shall be responsible for advising the council on citizen plans. (Code 1977, § 6-3015; Ord. No. 1999-81, § 1, 11-10-99; Ord. No. 2004-08, § 10, 2-10-04)
§ 6-3016

Bylaws.

Sec. 6-3016. Bylaws.

(a)(1) N.P.U. bylaws shall be submitted to the bureau of planning no later than September 30 of each year for compliance with city code requirements.
(2)Said bylaws shall become effective January 1st of the following year.
(3)This article (Code sections 6-3011 through 6-3019) shall be attached as an exhibit to the bylaws of each N.P.U. with each annual submission to the bureau of planning.
(b)All neighborhood planning units shall have bylaws for their members to follow which shall be approved annually by a majority of the residents (as defined in section 6-3012(3)) of the N.P.U. in attendance at the meeting where the bylaws are voted upon. At said meeting there shall be no restrictions upon a resident's right to vote on the approval or disapproval of the bylaws. These bylaws shall be filed with the department of planning, development and neighborhood conservation. The bylaws shall be reviewed and approved annually by the bureau of planning and the neighborhood planning unit for clarity as to voting procedures, representativeness of all interested parties within the neighborhood planning unit, and a description of the duties of any subcommittees or officers.
(c)Recommendations of an N.P.U shall not be accepted by the council until the N.P.U. has complied with subsection (a) above. (Code 1977, § 6-3016; Ord. No. 1999-81, § 1, 11-10-99)
§ 6-3017

Elections.

Sec. 6-3017. Elections.

(a)Elections shall take place during October or November of every calendar year. If an election(s) has not been held by November 30. Said election(s) shall be conducted by the bureau of planning during the month of December.
(b)Any person holding the office of chairperson or equivalent, which means presiding officer, must be a person 18 years of age or older whose primary place of residence is within the particular NPU. (Code 1977, § 6-3017; Ord. No. 1995-68, § 1, 10-24-95; Ord. No. 1999-81, § 1, 11-10-99)
§ 6-3018

Voting procedures.

Sec. 6-3018. Voting procedures.

(a)Voting procedures shall be established by each neighborhood planning unit. Although the procedure may vary among neighborhood planning units, bylaws describing the voting procedures shall contain provisions delineating the eligibility of voters within the neighborhood planning units and the voting process itself for issues as well as officer elections.
(b)Each resident as defined in section 6-3012(3) shall represent one vote and may hold office in only one N.P.U.
(c)All NPU and committee meetings must be open to the public. (Code 1977, § 6-3018; Ord. No. 1995-68, § 2, 10-24-95; Ord. No. 1999-81, § 1, 11-10-99)
§ 6-3019

Prohibition of political forums.

Sec. 6-3019. Prohibition of political forums.

Neighborhood planning unit meetings shall not be used for political forums or campaigning for city, county, state, or federal elections. (Code 1977, § 6-3019; Ord. No. 1999-81, § 1, 11-10-99)

CHAPTER 4. BOARDS AND COMMISSIONS

ARTICLE A. ATLANTA PLANNING ADVISORY BOARD*

§ 6-4001

Creation and Composition.

Sec. 6-4001. Creation and Composition.

(a)There is hereby created the Atlanta Planning Advisory Board which shall be composed of 25 voting members.
(b)The chair of each neighborhood planning committee or the designee of the neighborhood planning committee shall have one vote.
(c)The Atlanta Planning Advisory Board shall elect a presiding officer from the voting membership of the board. (Code 1977, § 6-4001; Ord. No. 2008-08(08-O0009, § 1, 2-12-08)

*Charter reference—Boards and commissions, § 3-401. Code of ordinances reference—Boards, councils and commissions, § 2-1851 et seq. Cross reference—Zoning, § 16-01.001 et seq.

§ 6-4002

Boundaries. The boundaries of the Atlanta Planning

Sec. 6-4002. Boundaries. The boundaries of the Atlanta Planning Advisory Board shall be the city limits of Atlanta. (Code 1977, § 6-4002)

§ 6-4003

Functions.

Sec. 6-4003. Functions.

The Atlanta Planning Advisory Board may:
(1)Prepare its own bylaws, not inconsistent with state law or city ordinance;
(2)Serve as an advisory board to the city on city-wide problems, issues, goals and objectives relative to the preparation and updating of the comprehensive development plan;
(3)Advise the city on matters relating to citizen organizations and participation in the planning process;
(4)Perform other functions required by federal law relative to citizen participation where federal law does not mandate assignment to a specific agency; and
(5)Perform other duties as assigned by the mayor or the council.
(Code 1977, § 6-4003; Ord. No. 2004-08, § 11, 2-10-04)

Secs. 6-4004—6-4010. Reserved.

ARTICLE B. ZONING REVIEW BOARD*

§ 6-4011

Creation.

Sec. 6-4011. Creation.

There is hereby created and established a zoning review board to conduct public hearings on amendments to the zoning ordinance of the city as now or hereafter in force and to conduct public hearings on applications for special use permits. This board may have such other functions, powers and duties as may be hereafter prescribed by the council. (Code 1977, § 6-4011)

§ 6-4012

Composition; terms of office.

Sec. 6-4012. Composition; terms of office.

The zoning review board shall be composed of nine members who shall select a chairman from the membership of the board.

(1)Six members of the board shall be nominated by the paired grouping district and *Charter reference—Boards and commissions, § 3-401. Code of ordinances reference—Boards, councils and commissions, § 2-1851 et seq. Cross reference—Zoning, § 16-01.001 et seq.

at-large councilmember process. Each such member shall be a resident of one of the paired council districts represented by the councilmembers making the nomination. Said nominations shall be confirmed by the city council. The remaining three members of the board shall be residents of the city no more than one of whom shall be actively engaged in the same profession of municipal planning, architecture, law or related professions. These three members shall be nominated by the mayor and confirmed by the city council. All members of the board shall serve two year terms and until a successor for each is selected and qualifies.

(2)Neither chairman nor any member of this board may be a full-time employee of the city or hold or become a candidate for elective public office in federal, state, county or municipal government while serving on this board. Any eligible person may serve one or more consecutive terms on this board.
(Code 1977, § 6-4012; Ord. No. 2005-67, § 1, 10-25-05)
§ 6-4013

Compensation.

Sec. 6-4013. Compensation.

Each member of the board shall be paid $25.00 for each meeting of the board that member attends, but in no event shall the total amount so paid any member exceed the sum of $300.00 in any one calendar year. (Code 1977, § 6-4013)

§ 6-4014

Staff.

Sec. 6-4014. Staff.

The executive branch shall provide such staff as is required for efficient operation of the board. (Code 1977, § 6-4014)

§ 6-4015

Functions and duties.

Sec. 6-4015. Functions and duties.

(a)The zoning review board shall hold public hearings on applications for special hearings shall be held in the council chamber or at such other place in the city designated by rule of the board which shall be readily accessible to the public and large enough to accommodate those having an interest in the proceeding as defined by applicable law.
(b)The chairman shall cause accurate minutes of all proceedings to be maintained and transcribed, shall certify the accuracy of the transcript of the minutes of any hearing within ten days after the date this hearing is held, and shall cause this transcript to be filed with the clerk forthwith upon certification. Any member may challenge any portion or all of this transcript at the next meeting of the board, whereupon the board shall, by majority vote, approve, modify or replace the challenged portion of this transcript.
(c)This board shall make, and the minutes of each hearing shall set forth, separate findings of fact and conclusions determined by this board on each proposed amendment to the zoning ordinance of the city or application for a special use permit, together with the recommendations adopted by this board with respect thereto, and shall transmit these findings, conclusions and recommendations to the committee on zoning of the council at the time applicable minutes are filed with the clerk. The committee on zoning shall include a synopsis thereof, together with the applicable recommendation of the bureau of planning in the committee's report to the council on each proposed amendment. (Code 1977, § 6-4015)

Secs. 6-4016—6-4020. Reserved.

ARTICLE C. BOARD OF ZONING ADJUSTMENT*

§ 6-4021

Creation.

Sec. 6-4021. Creation.

There is hereby created and established a board of zoning adjustment (herein referred to as the "board") to exercise and perform all of the functions, powers and duties of a board of zoning appeals which are now or hereafter authorized by general or local act of the General Assembly of *Charter reference—Boards and commissions, § 3-401. Code of ordinances reference—Boards, councils and commissions, § 2-1851 et seq. Cross reference—Zoning, § 16-01.001 et seq.

Georgia and by ordinance and such additional functions, powers or duties as may be prescribed by the council. (Code 1977, § 6-4021)

§ 6-4022

Composition; qualifications; terms of office.

Sec. 6-4022. Composition; qualifications; terms of office.

(1)The board shall be composed of five residents of the City of Atlanta appointed by members of the council and the president. The board should include municipal planners, architects, landscape architects, homebuilders, developers, attorneys, and lay persons. Appointees shall serve for a term of two years or until a successor is appointed and qualified.
(2)All vacancies on the board whether occurring due to expiration of an existing term, resignation, termination by operation of the rules of procedure of the board, or any other valid reason, shall be filled by the designated appointing authority as enumerated in this section.
(3)The secretary of the board of zoning adjustment (BZA) shall notify the council or the president of council in writing that a position is vacant within 15 days of the vacancy. In that written communication, the secretary shall state whether the vacancy is in the category of municipal planning, architecture, law or lay person.
(4)The council shall nominate members to the board as follows:
a.One member by Districts 1, 2, 3, 4 and Post 1 at-large. Said member shall be a resident of either District 1, 2, 3, or 4.
b.One member by Districts 5, 6, 7, 8 and Post 2 at-large. Said member shall be a resident of either District 5, 6, 7, or 8.
c.One member by Districts 9, 10, 11, 12 and Post 3 at-large. Said member shall be a resident of either District 9, 10, 11, or 12.
d.One member by the President of Council who shall be a resident of the City of Atlanta.
e.One member by the Full Council who shall be a resident of the City of Atlanta.
(5)The five member board shall select a chairman from the membership. No member of the board shall, while serving as a member: be a full-time employee of the city; hold, or become a candidate for, elective or appointive public office in federal, state, county or municipal government; or become a nonresident of the city. Any vacancy in the membership of the board shall be filled for the unexpired term in the same manner as the initial appointment. No person shall serve more than eight years as a member of the board. (Code 1977, § 6-4022; Ord. No. 2001-29, § 1, 4-11-01; Ord. No. 2008-19(07-O-2309), § 1, 3-2508; Ord. No. 2008-20(07-O-2322), § 1, 3-25-08)
§ 6-4023

Compensation of members.

Sec. 6-4023. Compensation of members.

Each member of the board shall be paid $25.00 as compensation for each meeting of the board the member attends, but in no event shall the total amount so paid any member exceed the sum of $600.00 in any one calendar year. (Code 1977, § 6-4023)

§ 6-4024

Presiding officer; secretary; election.

Sec. 6-4024. Presiding officer; secretary; election.

A member shall be elected annually by the board to preside at all meetings of the board, for whatever purpose called, who shall perform and exercise all of the functions, powers and duties now or hereafter granted or assigned by applicable law to a person who presides at or chairs meetings of the board. Another member shall be so elected to preside in the absence of the presiding officer. The board shall appoint a secretary who shall be an officer or employee in the executive branch. (Code 1977, § 6-4024)

§ 6-4025

Meetings; procedure for calling; location.

Sec. 6-4025. Meetings; procedure for calling; location.

The board shall meet on the call of the presiding officer, who shall issue a call for regular meetings in writing not less than 15 calendar days prior to the date of a meeting and for special meetings in writing not less than five calendar days prior to the date of a meeting setting forth therein the time and place of the meeting, the agenda for regular and special meetings, and such other matters as may be required or appropriate.

Regular meetings shall occur no less than twice per month at the time and place specified by the presiding officer. Special meetings may occur at the discretion of the presiding officer at the time and place specified by the presiding officer. However, the place of any meeting, regular or special, shall be limited to the City Hall Council Chamber or such other room of adequate size in City Hall. (Code 1977, § 6-4025)

§ 6-4025.1

Quorum; voting.

Sec. 6-4025.1. Quorum; voting.

Three members shall constitute a quorum for any meeting of the board. The affirmative vote of at least a majority of a quorum shall be required to constitute action by the board on any question or matter before the board. No member who has not heard the evidence presented at the hearing of an appeal shall be competent to vote on any action taken by the board to decide such appeal. (Code 1977, § 6-4025.1)

§ 6-4026

Staff services; bureau of planning deemed office for filing and public record purposes.

Sec. 6-4026. Staff services; bureau of planning deemed office for filing and public record purposes.

The executive branch shall provide such staff and staff services as required for efficient operation of the board. The office of the bureau of planning in the city hall shall be deemed the office of the board for filing and public record purposes. (Code 1977, § 6-4026)

§ 6-4027

Minutes; adoption of rules.

Sec. 6-4027. Minutes; adoption of rules.

The board shall keep accurate minutes of all meetings which shall include the vote, absence or abstention of each member upon each question, all official actions of the board and any examinations by the board. All such minutes shall be filed in the office of the board and shall be public records. The board shall adopt rules for the conduct of the business and affairs of the board which shall not be suspended and may be amended only at a meeting called for such purpose. (Code 1977, § 6-4027)

§ 6-4028

Appeals to the board.

Sec. 6-4028. Appeals to the board.

Appeals to the board may be taken by any person aggrieved or by an officer, department, board, or bureau of the city affected by any decision of the administrative officer. Such appeal shall be taken within a reasonable time, as provided by the rules of the board, by filing with the officer from whom the appeal is taken, and with the board, a notice of appeal specifying the grounds thereof. The notice filed with the board shall be accompanied by a filing fee which shall be credited to the general revenue fund of the city. The amount of such fee shall be determined from the following schedule:

(1)For appeals which allege that a decision of an administrative officer is in error, each appeal, without regard to the zoning district in which the subject property lies, shall be $250.00.
(2)Variance applications. Variance application fees are based on the zoning district in which the subject property is located.

District Fee R-1, R-2, R-2A, R-3, R-3A, R-4, R-4A, R-4B, R-5, LD (landmark district), HD (historic district) MR, SECTORS, 1-8 RG, SECTORS, 1-6 R-LC, O-I, C-1, C-2, C-3, C-4, C-5, I-1, I-2 MRC-1, MRC-2, MRC-3, LW, NC, SPI $100.00 500.00 625.00

(3)Special exception applications. Special exceptions application fees are based on the zoning district in which the subject property is located.

District R-1, R-2, R-2A, R-3, R-3A, R-4, R-4A, R-4B, R-5, LD (landmark district), HD (historic district)

Fee $100.00 District Fee MR, SECTORS, 1-8 RG, SECTORS, 1-6 R-LC, O-I, C-1,l C-2, C-3, C-4, C-5, I-1, I-2 MRC-1, MRC-2, MRC-3, LW, NC, SPI 500.00 625.00

(4)Any applicant or appellant requesting a deferral, whether in writing prior to the hearing or in person at the hearing, of any advertised matter before the board and for which the board grants the deferral of such matter to a later hearing date shall be required within three business days of the hearing at which the board grants the deferral the actual costs to be incurred by the bureau of planning in re-mailing and re-advertising the new hearing date(s) in accordance with the zoning ordinance.
(5)Any person appealing from the decision of the board to the Superior Court shall pay the actual costs incurred by the city in causing the board's hearing(s) on the appeal to be transcribed as contemplated in the Zoning Ordinance. The board, through its secretary, shall communicate to the appellant the actual costs and the requirement and manner in which to pay same. The board shall not be required to file the transcript of the hearing(s) before it until such time as the appellant pays such costs.

The officer from whom the appeal is taken shall forthwith transmit to the board all the papers constituting the record upon which the action appealed from was taken. An appeal stays all legal proceedings in furtherance of the action appealed from, unless the officer from whom the appeal is taken certifies to the board, after the notice of appeal shall have been filed with him, that by reason of facts stated in the certificate a stay would, in his opinion, cause imminent peril to life and property. In such case proceedings shall not be stayed otherwise than by a restraining order which may be granted by the board or a court of record on application, on notice to the officer from whom the appeal is taken, and on due cause shown. The board shall fix a reasonable time for the hearing of the appeal or other matter referred to it, and give public notice thereof as well as due notice to the parties in interest, and decide the same within a reasonable time. Upon the hearing any party may appear in person or by agent or by attorney. (Code 1977, § 6-4028; Ord. No. 2003-111, § 1(Exh. A), 12-9-03; Ord. No. 2009-32(09-O-0802), § 2, 6-23-09)

§ 6-4029

Powers, duties and functions.

Sec. 6-4029. Powers, duties and functions.

The board shall have the following powers, duties and functions:

(1)To hear and decide appeals where it is alleged there is error in any order, requirement, decision, or determination made by an administrative official of the executive branch in the enforcement of the Zoning Ordinance of the City of Atlanta or in the enforcement of any ordinance adopted or amended pursuant to Georgia Code Annotated, Chapter 69-12, as now or hereafter amended (Ga. L. 1957, p. 420, as amended);
a.The board is only empowered to hear appeals which arise from any order, requirement decision, or determination of any administrative official of the executive branch the Zoning Ordinance (Chapter 16) or the Subdivision Ordinance (Chapter 15) as they may be from time to time amended or renumbered.
b.The board is not empowered to hear appeals concerning any violation of the Zoning Ordinance (Chapter 16) or the Subdivision Ordinance (Chapter 15) for which a citation has been issued and is currently pending in Municipal Court.
c.The board is not empowered to hear appeals as to whether any administrative official of the executive branch should have provided opportunity or time for any person or entity to correct or remediate any violation of the Zoning Ordinance (Chapter 16) or the Subdivision Ordinance (Chapter 15) for which a citation was issued.
(2)To authorize upon appeal in specific cases such variance from the terms of the Zoning Ordinance of the City of Atlanta as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of the Zoning Ordinance of the City of Atlanta will, in an individual case, result in unnecessary hardship, so that the spirit of the Zoning Ordinance of the City of Atlanta shall be observed, public safety and welfare secured, and substantial justice done. A variance may be granted in an individual case of unnecessary hardship upon a finding by the board on each of the following enumerated factors:
a.There are extraordinary and exceptional conditions pertaining to the particular piece of property in question because of its size, shape, or topography;
b.The application of the Zoning Ordinance of the City of Atlanta to this particular piece of property would create an unnecessary hardship;
c.These conditions are peculiar to the particular piece of property involved;
d.Relief, if granted, would not cause substantial detriment to the public good or impair the purposes and intent of the Zoning Ordinance of the City of Atlanta; provided, however, that no variance may be granted for a use of land or building or structure that is prohibited by the Zoning Ordinance of the City of Atlanta. In order to prevent substantial detriment to the public good or impair the purposes and intent of the Zoning Ordinance of the City of Atlanta, when the relief is granted, the board's relief may reduce the variance requested or include reasonable conditions.
(3)To hear and decide such exceptions to the terms of the Zoning Ordinance of the City of Atlanta, as specified in section 1628.001 of this Code, and in any ordinance adopted or amended pursuant to Georgia Code Annotated, chapter 69-12, as now or hereafter amended (Ga. L. 1957, p. 420, as amended). No exception may be granted for a use of land or building or structure that is prohibited by the Zoning Ordinance of the City of Atlanta. In order to prevent substantial detriment to the public good or impair the purposes and intent of the Zoning Ordinance of the City of Atlanta, when the exception is granted, the board's relief may include reasonable conditions.
(4)In exercising the powers, duties and functions set forth in this section, the board may, in conformity with the provisions of Georgia Code Annotated, chapter 69-12 (Ga. L. 1957, p. 420, as amended), reverse of affirm, wholly or partly, or may modify the order, requirement, decision, or determination, and to that end shall have all the powers of the officer from whom the appeal is taken and may direct the issuance of a permit.
(5)The board shall set forth findings of fact and conclusions with each action of the board under this section; provided however that such findings of fact need not be specifically stated in any particular manner so long as any evidence exists in the record which is sufficient to support its conclusions.
(6)Where any person other than the property owner brings an appeal to the board, the property owner shall be permitted to be heard under such rules as the board may establish.
(7)With respect to an individual parcel, the board may establish such rules as are necessary to prevent substantially the same matter from being heard with one year of the date of its previous finding.
(8)The board will not hear or decide constitutional issues but such issues must be preserved on the record before the board no later than the time of the hearing in order for the issues to be considered on an appeal to the Superior Court of Fulton County. (Code 1977, § 6-4029; Ord. No. 2011-47(11-O1291), § 1, 10-26-11)
§ 6-4030

Initial appointments; terms.

Sec. 6-4030. Initial appointments; terms.

The terms of office of the initial members, appointed to the board shall be measured as though appointment of such members had occurred on the first Monday in January of 1975. Two of such initial members shall be nominated and appointed to serve a term of two years which shall not be counted in determining qualifications for later service by any person so serving. (Code 1977, § 6-4030)

§ 6-4031

Powers and duties of AtlantaFulton County Joint Board of Adjustment assigned to the board of zoning adjustment.

Sec. 6-4031. Powers and duties of AtlantaFulton County Joint Board of Adjustment assigned to the board of zoning adjustment.

All powers, duties and functions assigned by ordinance to the Atlanta-Fulton County Joint Board of Adjustment and any appeals or other matters pending before this board of adjustment are hereby assigned to the board of zoning adjustment; and on the effective date of this ordinance, the Atlanta-Fulton County Joint Board of Adjustment shall have no further functions, powers, or duties with respect to land lying in the City of Atlanta. (Code 1977, § 6-4031)

Secs. 6-4032—6-4040. Reserved.

ARTICLE D. HISTORIC PRESERVATION PROGRAM*

§ 6-4041

Purpose and declaration of public policy.

Sec. 6-4041. Purpose and declaration of public policy.

(a)Purpose: The council finds that many buildings, sites and districts, as herein defined, having a special character or a special historic or aesthetic interest or value, or representing the finest architectural products of distinct periods in the history of the city have been destroyed or uprooted, notwithstanding the feasibility of preserving and continuing the use of such buildings, sites and districts, and without adequate consideration of the irreplaceable loss to the people of the city of the aesthetic, educational, economic and historic values represented by such buildings, sites and districts. In addition, distinct areas may be similarly uprooted or may have their distinctiveness destroyed, although the preservation thereof may be both feasible and desirable. It is the finding of the council that the standing of this city as the capital of government, culture, business and education and as a major tourist and convention center must be maintained and enhanced by preserving the historical and architectural heritage of the city and by preventing the destruction of such cultural assets. The council further finds that certain aspects of development, such as the spatial relationships of *Code of Ordinances references—Community development, ch. 54; preferential assessments for landmark historic properties, § 146-38.

Cross references—Zoning provisions relating to landmarks, landmark districts, historic buildings and sites, historic districts, and conservation districts, § 16-20.001 et seq.; Cabbagetown landmark district, § 16-20A.001 et seq.; Druid Hills landmark district, § 16-20B.001 et seq.; Martin Luther King, Jr. landmark district, § 16-20C.001 et seq.; Washington Park landmark district, § 16-20D.001 et seq.; Oakland Cemetery landmark district, § 16-20E.001 et seq.; Baltimore Block landmark district, 16-20F.001 et seq.; West End historic district, § 16-20G.001 et seq.; Hotel Row landmark district, § 16-20H.001 et seq.; Adair Park historic district, § 16-20I.001 et seq.; Whittier Mill historic district, § 1620J.001 et seq.

Related law reference—Historic zones, § 7-1. State law references—Constitutional grant of home rule powers, Ga. Const. art. IX, § II; statutory grant of home rule powers, O.C.G.A. § 36-35-1 et seq.; historic preservation ordinances, O.C.G.A. § 44-10-1 et seq.; inapplicability of state acts to certain local ordinances, O.C.G.A. § 44-10-23.

structures and open spaces to each other and the appearance of buildings and open spaces as they contribute to the attractiveness, function, and character of a district or of the city as a whole, require the timely exercise of judgment in the public interest by a public body qualified to evaluate the design of proposed new developments or redevelopments within the city.

(b)Declaration of Public Policy: It is hereby declared as a matter of public policy that the identification, protection, enhancement, perpetuation and use of buildings, sites and districts of special character or of a special historic or aesthetic interest or value is a public necessity and is required in the interest of health, prosperity, safety, education and general welfare of the people. It is further declared as a matter of public policy that the promotion of sound urban design principles in order to provide a built environment which is attractive and functional is a public necessity and is required in the interest of the health, prosperity, safety, education and general welfare of the people. Accordingly, the public policy objectives of this article are as follows:
(1)To effect and accomplish the protection, enhancement and perpetuation of such buildings, sites and districts which represent or reflect special elements of the city's cultural, social, economic and architectural history;
(2)To safeguard the city's historic, aesthetic and cultural heritage, as embodied and reflected in such buildings, sites and districts;
(3)To stabilize and improve property values in such buildings, sites and districts;
(4)To foster civic pride in the beauty and noble accomplishments of the past;
(5)To protect and enhance the city's attractions to tourists and visitors and thereby support and stimulate business and industry;
(6)To strengthen the economy of the city;
(7)To promote the use of such buildings, sites and districts for the education, pleasure and general welfare of the people of the city;
(8)To promote attention to sound design principles in areas of new development and redevelopment;
(9)To raise the level of community understanding and expectation for quality in the built environment; and
(10)To implement the Comprehensive Development Plan of the City of Atlanta.
(Code 1977, § 6-4041)
§ 6-4042

Definitions.

Sec. 6-4042. Definitions.

The definitions contained in section 16-20.002 of the Code of Ordinances, as amended, shall apply to this article. (Code 1977, § 6-4042)

§ 6-4043

Atlanta Urban Design Commission.

Sec. 6-4043. Atlanta Urban Design Commission.

(a)Creation: There is hereby created a commission to be known as the Atlanta Urban Design Commission, hereinafter called the commission.
(b)Membership:
(1)The commission shall consist of 11 members who are residents of the City of Atlanta.
(2)All vacancies on the commission, whether occurring due to expiration of an existing term, resignation, termination by operation of the rules of procedure of the commission, or any other valid reason, shall be filled by the designated appointing authority as enumerated in this section.
(3)The executive director of the urban design commission shall notify the council or the mayor's office in writing that a position is vacant within 15 days of the vacancy. The city council shall appoint the: a) real estate professional, b) lawyer, c) neighborhood representative, d) land developer, e) architect I, f) historian. The Mayor shall appoint the: a) artist, b) landscape architect, and c) historic preservationist. The president of council shall appoint the: a) architect II, and b) urban planner.
(4)The council shall make nominations in a rotating manner as described in (a) through (f) below. Once notified of a vacancy in a position for which the council is the designated appointing authority, a nomination shall be submitted in writing to the president of council by the two district representatives and the representative at-large. A total of six (6) members shall be appointed in the following manner:
a.Districts 1 and 2, and At-large Post 1;
b.Districts 3 and 4, and At-large Post 1;
c.Districts 5 and 6; and At-large Post 2;
d.Districts 7 and 8; and At-large Post 2;
e.Districts 9 and 10; and At-large Post 3;
f.Districts 11 and 12 and At-large Post 3.
(5)All nominations shall be confirmed by a majority of council members present and voting on these nominations. If the city council fails to make any required nomination in the above-stated manner within 30 days following the date of written notice of a vacancy, the alternate appointing body may make that nomination. For example, if the council or the council president fails to make a nomination within the 30-day period, the mayor may make a nomination. Alternatively, if the mayor fails to make a nomination within the 30-day period, the council or the council president may make a nomination.
(6)All members shall serve a term of three years. The member can continue to serve until a successor is appointed. No person shall serve as a member longer than two consecutive terms or more than a total of three terms. Commission members shall be paid $50.00 for each commission meeting, which he or she attends. Attendance at meetings means that a member is present for a majority of the meeting, that is, more than half of the time the meeting was convened.
(c)Qualifications: The composition of the 11-member commission shall include two (2) registered architects, one (1) registered landscape architect, one (1) urban planner, one (1) neighborhood representative, one (1) real estate professional, one (1) land developer, one (1) lawyer, one (1) historian, one (1) artist, and one (1) historic preservation professional.
(d)Officers: The commission shall hold an organization meeting in January of each year to elect one (1) member to serve as chair of the commission and another member to serve as vice-chair of the commission.
(e)Powers and Duties: The commission is the city agency responsible for developing and administering the city's historic preservation and urban design activities and shall have the following powers and duties:
(1)The commission shall hold public hearings and make nominations to the city council for the designation of buildings, sites and districts for each category of protection which are established by chapter 20 of part 16 of the Code of Ordinances.
(2)The commission shall have the responsibility of administering the city historic preservation regulations and for approving or disapproving applications for certificates of appropriateness for all buildings, sites and districts which are designated for protection by the city council pursuant to this article or by chapter 20 part 16 of the Code of Ordinances.
(3)The commission shall review all works of art for which the city has contracted, or proposed to contract, or which are to be placed on the property of the city, or which are to become the property of the city by purchase or gift.
(4)The commission shall review the proposed location and design of any proposed park and any plan or proposal for the relocation or significant change, alteration or addition to any existing park.
(5)The commission shall review the proposed location and design of buildings, bridges, viaducts, elevated ways, streets, highways, gates, fences, railings, lamp standards, and other structures or fixtures to be erected or placed on land belonging to the city, or on any private or public property which extends over or upon any property or right-of-way owned or controlled by the city.
(6)The commission shall review and make written recommendation to the zoning review board and to the board of zoning adjustment on any proposed action pending before said boards regarding any building, site or district which has been designated for historic protection pursuant to this article or by chapter 20 of part 16 of the Code of Ordinances.
(7)The commission shall review the alteration, demolition, movement or construction of any structure, site or building which involves the use of capital expenditures by the City of Atlanta or capital expenditures by other public agencies or authorities which are required to submit plans for review by the city. Provided, however, that this requirement shall not apply to any structure, site or building which is being demolished pursuant to the city's In Rem demolition process and which is not designated as historic or landmark under chapter 20 part 16 of the Code of Ordinances.
(8)The commission shall seek to increase public awareness of the value of historic preservation and urban design by developing and participating in public information programs.
(9)The commission shall have the power to adopt rules of procedure in accordance with the provisions of this part.
(10)The commission shall hold public hearing and make recommendations to the city council for the issuance of permits to move or disturb cemeteries or graveyards in accordance with the procedures set forth in chapter 38 of part 2 of the Atlanta Code as amended.
(f)Rules of Procedure: The commission shall adopt rules of procedure, and such rules and any amendments thereto shall be filed with the clerk of council; and copies of such rules shall be made available to the general public upon request during normal business hours.
(g)Records: The director shall cause to be made and maintain a tape recording of each meeting of the commission and minutes of all its proceedings, including the vote of each member upon each question, or if absent or failing to vote, indicating such fact. All records of the commission, including all evidence or other documentation submitted to the commission, shall be maintained by the director at the office of the commission. (Code 1977, § 6-4043; Ord. No. 1998-88, § 1, 12-15-98; Ord. No. 1999-45, § 1, 5-11-99; Ord. No. 2006-58, § 2, 8-29-06; Ord. No. 2022-02(22O-1097), § 1, 3-2-22)

Charter reference—Boards and commissions, § 3-401. Code of ordinances reference—Boards, councils and commissions, § 2-1851 et seq.

§ 6-4044

Executive director.

Sec. 6-4044. Executive director.

(a)Creation: There shall be by appointment of the mayor an executive director, hereafter "director," of the urban design commission.
(b)Qualifications: The director shall have expertise in historic preservation, architectural history, or a closely related field.
(c)Powers and Duties: The director shall have the following powers and duties:
(1)To administer the city's historic preservation regulations;
(2)To recommend to the commission nominations of buildings, sites and districts for each category of protection established by this article or by chapter 20 of part 16 of the Code of Ordinances;
(3)To make written findings and recommendations to the commission on all proposed nominations and on all requests for certificates of appropriateness and for variances and special exceptions;
(4)To research and recommend to the state historic preservation officer buildings, sites and districts for nomination to the National Register of Historic Places; such recommendations shall be guided by the criteria established in the National Historic Preservation Act of 1966, as amended;
(5)To maintain the office, employ and supervise the staff, maintain records of the commission, and to delegate to members of said staff such duties as the director may deem appropriate;
(6)To maintain and regularly update an inventory of historic properties;
(7)To assist the bureau of planning in the preparation and update of the historic preservation and urban design components of the city's comprehensive development plan;
(8)To institute and participate in programs designed to increase public awareness of the value of historic preservation and urban design;
(9)To make application for state, federal or private funds on behalf of the commission, and upon approval by the mayor and city council, to use any funds so received in the performance of duties prescribed in this part;
(10)To submit budget requests annually in a manner prescribed by the chief administrative officer, as established by ordinance or regulations of the city;
(11)To prepare an annual report of the commission's activities and to submit such annual report to the commission and to the mayor and city council; and
(12)To decide and issue type I certificates of appropriateness pursuant to section 16-20.008(a) of the Code of Ordinances.
(13)To decide and issue type II certificates of appropriateness where provided for by the customized district regulations.
(14)To develop a fee schedule for the services performed by the commission staff and for the hearing of applications by the commission and to present such schedule to the commission for review. The fees proposed by the director shall also be approved by the city council which shall have the final authority to set such fees.
(Code 1977, § 6-4044; Ord. No. 2000-25, § 1, 5-9-00; Ord. No. 2004-08, § 12, 2-10-04; Ord. No. 2008-45(08-O-1001), § 1, 6-24-08)
§ 6-4045

Urban Conservation Districts.

Sec. 6-4045. Urban Conservation Districts.

All Urban Conservation Districts existing at the time of adoption of this chapter, and all regulations applicable thereto, shall continue in force and effect for a period of 24 months following the adoption of this chapter. (Code 1977, § 6-4045)

Secs. 6-4046—6-5000. Reserved.

ARTICLE E. OFFICE OF BUILDINGS TECHNICAL ADVISORY COMMITTEE
§ 6-5001

Creation and composition.

Sec. 6-5001. Creation and composition.

(a)There is hereby created the office of buildings technical advisory committee which shall consist of nine members appointed by the mayor.
(b)Seven members shall be nominated by the following organizations and submitted to the mayor for appointment. The mayor may act on such recommendation or request the submission of another person for consideration.
(i)One representative nominated by the Board of Directors of the Atlanta Apartment Association;
(ii)One representative nominated by the Board of Directors of the Greater Atlanta Home Builders Association;
(iii)One representative nominated by the Board of Directors of the Council for Quality Growth;
(iv)One representative nominated by the Board of Directors of the International Council of Shopping Centers, Georgia Chapter;
(v)One representative nominated by the Board of Directors of the BOMA-Georgia;
(vi)One representative nominated by the Board of Directors of the Atlanta Commercial Board of Realtors;
(vii)One representative nominated by the Board of Directors of the American Council of Engineering Companies of Georgia.
(c)Two members shall be appointed by the mayor.
(d)As allowed by the by-laws of the committee, any board member may appoint one or more technical assistants, who may be authorized to receive notices and agendas, attend meetings and participate in discussions but such technical assistants may not vote on any issue. (Ord. No. 2012-28(12-O-0840), § 1(Exh. A), 6-2112)
§ 6-5002

Appointment and initial organization.

Sec. 6-5002. Appointment and initial organization.

(a)Upon the municipal clerk's receipt of an appointment letter from the mayor and execution and filing of the oath or affirmation required by this Code a member shall be considered to be appointed and eligible for service.
(i)After all initial appointment letters are received, the municipal clerk shall notify the director of the office of buildings who shall contact all members and set the date and place of the organizational meeting. At the organizational meeting, the committee shall elect a chair and a vicechair, provided however that at least five committee members shall be present.
(ii)At the organizational meeting the chair shall set a time, within 30 days, for a meeting where by-laws shall be adopted by majority vote.
(Ord. No. 2012-28(12-O-0840), § 1(Exh. A), 6-2112)
§ 6-5003

Terms.

Sec. 6-5003. Terms.

(a)All members of the board shall serve two-year terms and may until a successor is selected, provided however that such successor shall be appointed in the same as the departing board member.
(b)Any eligible person may serve one or more consecutive terms on this committee but shall not exceed eight years total service under any single appointment. (Ord. No. 2012-28(12-O-0840), § 1(Exh. A), 6-2112)
§ 6-5004

Functions.

Sec. 6-5004. Functions.

(a)The office of buildings technical advisory committee is authorized to:
(i)Serve as an advisory board to the mayor on city-wide problems, issues, goals and objectives relative to the policies and management of the office of buildings and the office of buildings enterprise fund;
(ii)Make recommendations regarding service levels, procedures, fees and staffing needs as such recommendation relate to the operations of the office of buildings;
(iii)Receive input from citizens and stakeholders on issues and problems within the office of buildings, including issues and problems with specific permit applications;
(iv)Provide recommendations to the Commissioner of Planning and Community Development and the Director of the Office of Buildings on specific questions from city staff and when requested issue a position paper on a specific issue provided however that all such recommendations by any committee member shall be subject to the requirements of disclosure set forth elsewhere in this Code;
(v)Monitor revenue and expenses in the OOB Enterprise Fund;
(vi)Create its own by-laws which shall not be in conflict with any city ordinance or other applicable law. Such by-laws may set forth the frequency of meetings as deemed necessary for its operation, provided however that the Committee shall not meet less frequently than once in three consecutive months.
(Ord. No. 2012-28(12-O-0840), § 1(Exh. A), 6-2112; Ord. No. 2012-47(12-O-1414), § 1, 11-14-12)
§ 6-5005

Staffing.

Sec. 6-5005. Staffing.

The director of the office of building shall provide such staffing and other support as is required for efficient operation of the committee. (Ord. No. 2012-28(12-O-0840), § 1(Exh. A), 6-2112)

ARTICLE F. DEVELOPMENT IMPACT FEE ADVISORY COMMITTEE
§ 6-5006

Creation and composition.

Sec. 6-5006. Creation and composition.

There is hereby created and established a development impact fee advisory committee (herein referred to as the "committee") pursuant to this article which shall consist of seven members appointed and confirmed by the Atlanta City Council, one of whom shall be recommended by the Atlanta City Council President, and two of whom shall be recommended by the mayor. At least four of the members shall be representatives from the development, building, or real estate industries. The committee shall select a presiding officer from the membership of the committee. (Ord. No. 2019-03(18-O-1764), § 1, 1-16-19; Ord. No. 2024-37(24-O-1427), § 1, 9-12-24)

§ 6-5007

Terms.

Sec. 6-5007. Terms.

The term of office for members of the committee shall be two years, subject to the maximum number of four terms or eight consecutive years of service, as set forth in City Code section 2-1854. (Ord. No. 2019-03(18-O-1764), § 1, 1-16-19)

§ 6-5008

Functions and duties.

Sec. 6-5008. Functions and duties.

(a)The committee shall:
(i)Serve in an advisory capacity to assist and advise the Atlanta City Council with regard to the adoption of an amendment to the city's development impact fee ordinance or any new development impact fee ordinance;
(ii)Receive the annual report required by O.C.G.A. § 36-71-8(d)(2) and, if warranted upon review of the annual report, submit a written report to the Atlanta City Council of any perceived inequities in the expenditure of impact fees collected for roads, streets, bridges, including rights-of-way, traffic signals, landscaping, or any local components of state or federal highways;
(iii)Pursuant to O.C.G.A. § 36-71-5(c) no action of the committee shall be considered a necessary prerequisite for action by the Atlanta City Council in regard to the adoption of a development impact fee ordinance.
(Ord. No. 2019-03(18-O-1764), § 1, 1-16-19)
§ 6-5009

Meetings; procedure for calling; location.

Sec. 6-5009. Meetings; procedure for calling; location.

The committee shall meet on the call of the presiding officer, who shall issue a call for regular meetings in writing not less than 15 calendar days prior to the date of a meeting and for special meetings in writing not less than five calendar days prior to the date of a meeting setting forth therein the time and place of the meeting, the agenda for regular and special meetings, and such other matters as may be required or appropriate.

Regular meetings shall occur no less than twice per year at the time and place specified by the presiding officer. Special meetings may occur at the discretion of the presiding officer at the time and place specified by the presiding officer. However, the place of any meeting, regular or special, shall be limited to a location of adequate size in City Hall. (Ord. No. 2019-03(18-O-1764), § 1, 1-16-19)

§ 6-5010

Staffing.

Sec. 6-5010. Staffing.

The mayor shall provide such staffing and other support as is required for the efficient operation of the committee by assigning such staff as deemed necessary. (Ord. No. 2019-03(18-O-1764), § 1, 1-16-19)

§ 6-5011

Duration.

Sec. 6-5011. Duration.

The committee shall meet until such time as state law no longer requires municipalities that have more than 140,000 parcels of land to send an annual report relating to development impact fees to much municipality's development impact fee advisory committee. (Ord. No. 2019-03(18-O-1764), § 1, 1-16-19)