Dallas › Unified Development Code
Chapter 2 — Administration
§ 2.01
ENFORCEMENT
Sec. 2.01 – ENFORCEMENT
1)The Director of the Community Development department, or his/her designee, shall effect proper administration and enforcement of this Zoning Ordinance. See also Chapter XII:
Violations and Enforcement.
§ 2.02
PLANNING & ZONING COMMISSION
Sec. 2.02 – PLANNING & ZONING COMMISSION
1)ESTABLISHMENT OF THE PLANNING & ZONING COMMISSION.
a)The Planning & Zoning Commission of Dallas shall be reconstituted and re-established in conformance with the Municipal Code. The Community Development Director, or his/her designee, shall serve as staff to the Commission.
i)Responsibilities. The Planning & Zoning Commission shall act in an advisory capacity to the City Council on all rezoning, annexation, text amendment and other such applications. The Commission may also grant Special Exception Use Permits. In addition to any duties, responsibilities, or powers enumerated by the Council by resolution, ordinance, or the Municipal Code, the responsibilities of the Planning & Zoning Commission shall include:
(1)Conduct public hearings and makes recommendations on plan amendments, planned unit development, subdivisions, site plans as applicable, and zoning amendments;
(2)Recommend changes and amendments to the Zoning Map and the Code text;
(3)Conduct hearings and make recommendations on comprehensive plan amendments;
(4)Grant Special Exception Permits; and
(5)Make recommendations upon all other items referred to it by the City Council.
ii)Public Hearing Procedures
(1)Rules of Procedure. The Planning & Zoning Commission may adopt rules of procedure consistent with the provisions of this Code.
(2)NOTICE OF MEETINGS.
(a)Publication of the notice of public hearing and notification of affected property owners shall be done in conformance with Section 11.05 – Zoning Map and Text Amendments and Section 2.08 – Procedure for Calling and Conducting Public Hearings of this Code. The meeting agenda shall be posted in the City Clerk's Office prior to the scheduled meeting.
(b)The posting of a written notice for at least 24 hours at the place of regular meetings and giving of written or oral notice at least 24 hours in advance of the meeting to the legal organ in which notices of sheriff's sales are published in the county where regular meetings are held is required.
Alternative notice may be provided to a newspaper having a general circulation. O.C.G.A. § 50- 14-1(d).
(c)The agenda must provide for all matters expected to be considered O.C.G.A. § 50-14-1(e)(1).
(d)Agenda shall be available upon request and posted at the meeting site, as far in advance of the meeting as reasonably possible, but not more than two weeks (14 days) prior. O.C.G.A. § 50-14- 1(e)(1).
(3)CONDUCT OF MEETINGS.
(a)The planning commission shall adopt policies and procedures which govern the conduct of meetings and public hearings. The purpose of this section is to provide a limited time of equal duration for the proponents and opponents of recommendations brought before the commission. These procedures, to be available for distribution to the public, shall be as follows:
(i)The public hearing shall be called to order by the presiding officer;
(ii)The presiding officer shall explain the procedures to be followed in the conduct of any public hearing on a proposed zoning decision;
(iii)For each proposed zoning decision, if the subject of the public hearing is a rezoning request initiated by a petitioner other than the mayor and council, then the petitioner, or his representative, shall first present and explain the request for the rezoning. If the request for rezoning is initiated by the City of Dallas, or if the request is a zoning ordinance amendment, then the Dallas City Manager or his representative shall present and explain the request on behalf of the City of Dallas. Thereafter, all individuals that desire to speak in favor of the request shall be permitted to speak. The petitioner and those speaking in favor of the request shall be limited to 15 minutes total time for their presentation of data, evidence and opinion;
(iv)For any proposed zoning decision, after all persons in favor of the request have spoken, then all individuals who desire to speak in opposition to the request, or amendment, shall have the opportunity to do so. All persons speaking in opposition to the application shall be limited to 15 minutes total time for their presentation of data, evidence and opinion;
(v)When any person desires to speak, they shall first raise his/her hand and be recognized by the mayor or presiding officer, then stand and state his/her name and address and then shall make whatever commend that he/she has that is appropriate to the issue;
(vi)Thereafter, the presiding officer shall declare the public hearing closed and either another public hearing shall be commenced for the next request, or the regular business session of the Dallas Planning Commission shall be convened.
1)All meetings of the Planning & Zoning Commission shall be open to the public.
2)The Planning Commission shall meet whenever any official business needs to be conducted or at such times as the chairperson may determine.
3)Meetings shall be held at the city council room subject to the date and time as specified in the official meeting notice.
4)A majority voting members of the Planning Commission shall constitute a quorum. A quorum shall be present before any business is conducted.
5)All plans, reports, and recommendations of the planning commission shall be approved by at least a majority.
6)A record of the vote of each member on each question shall be kept as a part of the minutes.
7)All meetings of the planning commission at which official action is taken shall be open to the public.
8)In the event of the absence of both the chairperson and vice-chairperson from a meeting, the members present may elect a temporary chairperson and proceed with the order of business.
(4)MINUTES.
(a)The Planning & Zoning Commission shall keep minutes of its proceedings, showing the vote of each member upon each question, or, if absent or failing to vote, indicating such fact, and shall keep records of its deliberations and other official actions.
(b)The minutes shall be filed in the office of the Community Development Director.
(5)CONFLICT OF INTEREST.
(a)A member of the Commission shall inform the Commission before the commencement of the public hearing, of any familial or financial interest in the proposed action being reviewed by the Commission.
The Commission Member shall not participate in any discussion or voting on any item for which the Commission Member or Commission Member’s spouse, mother, father, children, siblings or in-laws has an interest.
(6)EXPENSE REIMBURSEMENT.
(a)Members shall receive a payment per meeting to allow for expenses incurred in performing their duties; payment schedule maintained by the clerk in a separate schedule.
(7)QUORUM.
(a)The Planning & Zoning Commission shall have a quorum present before considering any business. A quorum shall constitute a majority of the qualified members of the Commission. The affirmative vote of the majority of the members present shall be required before the Commission shall approve a recommendation, action or development request.
(8)INVALIDITY OF A VOTE.
(a)If a Commission member votes on a recommendation in which the Commission member has a conflict of interest, the member’s vote shall be voided.
(9)MEMBERSHIP.
(a)The Planning & Zoning Commission of the City of Dallas shall be comprised of five (5) members who reside in the city limits of Dallas, Georgia. The members shall be appointed for two (2) year terms, as shown below and every two (2) years thereafter. If a member is appointed to fill a vacancy during a term, the replacement member shall serve the remaining balance of that term. All members shall continue to serve until their successor has been approved by the City Council. Terms are to begin January 1 of each calendar year.
(i)The current terms for all positions are as follows:
1)Position 1 – 01/01/2022 – 12/31/2025
2)Position 2 – 12/01/2022 – 12/31/2025
3)Position 3 – 01/01/2022 – 12/31/2025
4)Position 4 – 01/01/2023 – 12/31/2024
5)Position 5 – 01/01/2023 – 12/31/2024
(b)No member shall hold any elective public office within the City of Dallas. Unexpired terms shall be filled by the City Council. Members are removable for cause by the City Council upon written notice and after a public hearing.
(c)Failure to attend three (3) out of four consecutive meetings or more shall be considered automatic resignation from the Planning & Zoning Commission. Upon resignation by other means, or other vacancies occurring in office, the Chairman or Secretary (Zoning Administrator) shall inform the City Council of such occurrence as promptly as possible, so that the Council may appoint a replacement to fill the unexpired term.
(d)Officers, members and their duties.
(i)Election of officers shall be held at the first official meeting of each year and those officers shall serve until reelected or successors are elected.
(ii)Vacancies in the offices of the commission shall be filled at any official meeting.
(iii)The offices of the planning commission shall consist of a chairperson, vice-chairperson and secretary. These officers shall be elected by the membership from its appointive members.
(iv)The chairperson shall preside at meetings and hearings of the planning commission; have the privilege of discussing all matters before the planning commission and vote only in the case of a tie vote, and have the duties normally conferred by parliamentary procedure on such officers.
(v)The vice-chairperson shall act for the chairperson in his absence and shall assume the duties of the chairperson upon vacancy of that office.
(vi)The secretary shall be responsible for official signatures on plats, reports, minutes, notices and other documents. All clerical duties of the secretary shall be performed by the city administrative department.
(vii)The city manager or his/her designee shall be a permanent nonvoting member of the planning commission and shall participate in any and all discussions.
(10)AUTHORITY.
(a)The Planning & Zoning Commission (“Commission”) is hereby authorized to perform those duties and functions specified in Georgia Planning Act (O.C.G.A. 45-12-200, et seq., and 50-8- 1, et seq.) and other applicable sections of Georgia law and such other responsibilities as may be assigned to it from time to time by the Dallas City Council. For the purposes of this Zoning Ordinance, the duties of the Planning & Zoning Commission include:
(i)Rules of Procedure. The Commission shall adopt written rules of procedure for the administration of the affairs of the Commission and its staff for filing, noticing and hearings. Refer to the Dallas Planning & Zoning Commission Rules of Procedures, as amended;
(ii)Record Keeping. Maintain a complete record of all proceedings;
(iii)Meeting Time and Records. Fix the time for holding regular meetings each month, or as necessary, keep minutes of all meetings, and maintain all minutes and records in the office of the Commission;
(iv)Certification. Adopt a seal and certify all official acts;
(v)Recommendations. Make recommendations to the participating legislative bodies concerning the adoption and amendment of the Comprehensive Plan, the Zoning Ordinance (including the Zoning Map), the Dallas Development Regulations, and Planned Unit Development district ordinances;
(vi)Surety. Assume responsibility for the custody and preservation of all Commission documents and papers;
(vii)Publications. Prepare, publish, and distribute reports, ordinances, and other material relating to the activities authorized by the Georgia Code;
(viii)Modification. The Planning & Zoning Commission may initiate modifications to the standards of this Zoning Ordinance.
Modifications recommended by the Planning & Zoning Commission shall be subject to the approval of the City Council as a text amendment to the Zoning Ordinance.
(ix)Other Duties. All additional duties as established by Georgia Code.
(11)AMENDMENTS.
(a)These bylaws may be amended by a two-thirds vote of the membership of the planning commission subject to an ordinance amendment by the mayor and council of the city.
§ 2.03
COMMUNITY DEVELOPMENT DIRECTOR
Sec. 2.03 - COMMUNITY DEVELOPMENT DIRECTOR
1)ENFORCEMENT. The Director of the Community Development department (referred to as the “Director” for the purposes of this Ordinance), including his/her designee(s), will have the principal responsibility for the administration and enforcement of this Ordinance. The authority to perform inspections, review applications, and issue permits may be delegated to other officials by the Director. In the performance of these functions, the Director and his/her appointed officials shall be responsible to the Planning & Zoning Commission, Zoning Board of Appeals, Historic Preservation Commission and the Dallas City Council (“boards/commissions”). The duties delegated by the City Council to the Director, or his/her designee shall include, but not be limited to the following.
2)BASIC DUTIES
a)Interpretation. Provide interpretation of the “City of Dallas Zoning Ordinance”
when necessary and provide such technical and clerical assistance as the Planning & Zoning Commission, Zoning Board of Appeals, Historic Preservation Commission and Dallas City Council may require.
b)Maintenance. Provide and maintain a public information service relative to all matters of the commissions/boards and arising out of the “City of Dallas Zoning Ordinance.”
c)Land Disturbance Permits. Reviewing, approving, or disapproving all Land Disturbance Permits and keeping permanent records of applications made and actions taken;
d)Inspections. Conducting inspections of structures and properties to determine compliance with the requirements of this Ordinance and all approvals granted by the commissions/boards in the execution of its duties as established by this Ordinance and the Georgia Code;
e)Record Keeping. Maintaining permanent and current records documenting the application of this Ordinance including, but not limited to, all maps, amendments, Special Exceptions, variances, and appeals;
f)Board/Commission Applications. Receiving, processing, docketing, and referring to the appropriate board/commission all applications and other matters upon which it is authorized to act under this Ordinance and Georgia Code;
g)Dallas City Council Applications. Receiving, processing, docketing, and referring to the Dallas City Council all rezoning and annexation requests;
h)Clerical & Technical Assistance. Providing all such clerical and technical assistance as may be required by the Dallas City Council, Planning & Zoning Commission, Legislative Bodies, or other body in the execution of its duties as established by this Ordinance and Georgia Code.
i)Provide Information. Provide information to the boards/commissions and maintain permanent and current records arising from the administration of the “City of Dallas Zoning Ordinance,” including but not limited to, all maps, amendments, Improvement Land Disturbance Permits, Certificates of Occupancy, Certificates of Completion, Certificates of Appropriateness, Variances, Special Exceptions and appeals, and applications thereof, and records of hearings thereon.
j)Planning and Zoning Commission Recommendations. The Director, or his designee, shall report the actions and recommendations of the Planning and Zoning Commission to the City Council at the time those recommendations are made to the council.
k)Research and Analysis. Conduct research and collect and analyze, on a continuing basis, all pertinent data on the growth and development of the city in order to provide a foundation for a planning program.
l)Fee Schedule. The Director shall collect a fee for each application according to the city’s adopted fee schedule.
i)Fee Basis. All fees shall be intended to reimburse the City for the time and cost of processing the required materials. In no instance shall a fee be used as a means of discouraging or encouraging any particular types of applications.
ii)Public Access. The fee schedule shall be made available to the public by the Director.
iii)Establishment and Revisions. The fee schedule shall be prepared by the Director and adopted by the Dallas City Council as applicable.
iv)Payment Required. Until all applicable fees have been paid in full, no action shall be taken on any application or petition.
v)Fines for Failing to Obtain a Permit. The Director may require any person who initiates construction of a structure or the alteration of land prior to obtaining any required permit to pay up to three (3) times the amount of the normal permit fee listed on the fee schedule as a penalty. In addition to any other enforcement action, the Director may recover a reasonable attorney fee incurred in the enforcement of any provision of this Ordinance.
m)Exercise administrative discretion for Central Business District development as provided in Section 4.11.1.
3)APPEALING A DECISION OF THE DIRECTOR. Recourse from the decision of the Director shall be to the Zoning Board of Appeals on matters pertaining to zoning and shall be made in accordance with Section 11.11 – Administrative Appeals Procedure and the Zoning Board of Appeals Rules of Procedure. Recourse from the decision of the Zoning Board of Appeals shall be to the Dallas City Council. Recourse from the decision of the City Council shall be to the courts as provided by law.
§ 2.04
ZONING BOARD OF APPEALS
Sec. 2.04 – ZONING BOARD OF APPEALS
1)ESTABLISHMENT AND PROCEDURES OF THE ZONING BOARD OF APPEALS
a)The intent of this Section is to establish the validity of the Zoning Board of Appeals (ZBA) and empower the ZBA as the body of adjudication on appeals of the Zoning Ordinance, process variances and special exceptions, and/or decisions of the Community Development Director on matters of zoning appeal.
2)DUTIES OF THE ZONING BOARD OF APPEALS
a)For the purpose of this Ordinance the Zoning Board of Appeals has the following specific responsibilities:
i)Development Standards Variances. The Zoning Board of Appeals shall approve or deny variances from all individual standards found within the Zoning Ordinance in accordance with the Georgia Planning Act (O.C.G.A. 36-66-1, et seq.; 36-67-1, et seq.; and, 36-67A-1, et seq.). Variances shall not be granted from standardized procedural or administrative policies found within the Zoning Ordinance. A variance may be approved only upon a determination in writing:
a)That there are unique physical circumstances or conditions peculiar to the particular property and that the unnecessary hardship is due to such conditions and not the circumstances or conditions generally created by the provisions of the zoning ordinance.
b)That, because of such physical circumstances or conditions, there is no possibility that the property can be developed in strict conformity with the provisions of the zoning ordinance and that the authorization of a variance is, therefore, necessary to enable the reasonable use of the property.
c)That such unnecessary hardship has not been created by the appellant.
d)That the variance, if authorized, will not alter the essential character of the neighborhood or district in which the property is located, nor substantially or permanently impair the appropriate use or development of adjacent property, nor be detrimental to the public welfare.
e)That the variance, if authorized, will represent the minimum variance that will afford relief and will represent the least modification possible of the regulation in issue.
ii)Appeals. The Zoning Board of Appeals shall hear and determine all appeals from any decision or action in the administration or enforcement of the Zoning Ordinance. The Zoning Board of Appeals shall hear and determine all appeals from the refusal to issue permits. The board may decide appeals by reversing or affirming, wholly or in part, or by modifying such decision, action or refusal.
3)Variance and appeal procedures can be found in Chapter XI: Petitions, Permits, and Procedures.
4)The Zoning Board of Appeals shall follow the same rules and regulations regarding the conduct and noticing of meetings as found in Section 2.02(1)(a)(ii) Public Hearing Procedures.
5)SUPPLEMENTARY CONDITIONS OF APPROVAL
a)In granting any appeal or variance, the Zoning Board of Appeals may prescribe appropriate conditions of approval in conformity with this Ordinance. Violation of the conditions, when made a part of the terms under which the appeal or variance is granted, shall be deemed a violation of this Ordinance and punishable under Chapter XII: Violations and Enforcement.
§ 2.05
HISTORIC PRESERVATION COMMISSION
Sec. 2.05 – HISTORIC PRESERVATION COMMISSION
1)ESTABLISHMENT OF THE HISTORIC PRESERVATION COMMISSION:
a)There is hereby created a commission whose title shall be the "DALLAS HISTORIC PRESERVATION COMMISSION" (hereinafter "commission").
b)Commission position within the City of Dallas: The commission shall be part of the planning functions of the city.
c)Commission members:
i)The commission shall consist of seven members appointed by the mayor and ratified by the city council. All members shall be residents of the city and shall be persons who have demonstrated special interest, experience, or education in history, architecture, or the preservation of historic resources.
ii)To the extent available in the city, at least three members shall be appointed from among professionals in the disciplines of architecture, history, architectural history, planning, archaeology, or related professions.
iii)Members shall serve three-year terms. Members shall receive a payment per meeting attended to allow for expenses incurred in performing their duties;
such payment is maintained by the clerk in a separate schedule.
d)Statement of commission's powers:
(i)The commission shall be authorized to:
1)Prepare and maintain an inventory of all property within the city having the potential for designation as historic property;
2)Recommend to the city council specific districts, sites, buildings, structures, or objects to be designated by ordinance as historic properties or historic districts;
3)Review applications for certificates of appropriateness, and grant or deny the same in accordance with the provisions of this chapter;
4)Recommend to the city council that the designation of any district, site, building, structure, or object as a historic property or as a historic district be revoked or removed;
5)Restore or preserve any historic properties acquired by the city
6)Promote the acquisition by the city of facade easements and conservation easements, as appropriate, in accordance with the provisions of the Georgia Uniform Conservation Easement Act of 1992 (O.C.G.A., §§ 44-10.1 through 44-10.5);
7)Conduct educational programs on historic properties located within the city and on general historic preservation activities;
8)Make such investigations and studies of matters relating to historic preservation, including consultation with historic preservation experts, that the city council or the commission itself may, from time to time, deem necessary or appropriate for the purposes of preserving historic resources;
9)Seek out local, state, federal, or private funds for historic preservation, and make recommendations to the city council concerning the most appropriate uses of any funds acquired;
10)Submit to the Historic Preservation Division of the Department of Natural Resources a list of historic properties or historic districts designated;
11)Perform historic preservation activities as the official agency of the city historic preservation program;
12)Employ persons, if necessary, to carry out the responsibilities of the commission subject to city budget appropriations and city employee regulations;
13)Receive donations, grants, funds, or gifts of historic property and acquire and sell historic properties. The commission shall not obligate the city without prior consent;
14)Review and make comments to the Historic Preservation Division of the Department of Natural Resources concerning the nomination of properties within its jurisdiction to the National Register of Historic Places; and
15)Participate in private, state, and federal historic preservation programs and with the consent of the city council, enter into agreements to do the same.
2)PROCEDURES
a)Chapter X of this ordinance shall be known as the “Historic Preservation Ordinance” and govern all hearings, appeals, and procedures of this commission.
§ 2.06
CITY COUNCIL
Sec. 2.06 – CITY COUNCIL
1)DALLAS CITY COUNCIL ESTABLISHMENT AND PROCEDURES
a)Refer to O.C.G.A. 45-12-200, et seq. and the City of Dallas City Council Rules of Procedure, as amended, for regulations and rules. The intent of this Section is not to establish the validity of the City Council, but to empower the City Council as the body to decide all rezoning and annexation requests.
2)DUTIES OF THE DALLAS CITY COUNCIL
a)For the purpose of this Ordinance the Council has the following specific responsibilities:
i)Rezoning. To grant, approve or deny all petitions for rezoning as specified in each zoning district and under the procedures per Chapter XI: Petitions, Permits, and Procedures and the Dallas City Council Rules of Procedure.
ii)Annexation. All annexations in the City of Dallas must follow the procedures mandated in O.C.G.A. §36-36 Annexation of Territory. Georgia’s Zoning Procedures Act (ZPA), O.C.G.A. 36-66, defines a "zoning decision" as, among other things, "The adoption of an amendment to a zoning ordinance by a municipal local government which zones property to be annexed into the municipality." Thus, adopting any zoning on an annexed property is subject to the ZPA. Any zoning decision associated with annexation shall be conducted in full compliance State Law, including the Georgia Zoning Procedures Act (O.C.G.A. § 36-66), including notice, publication, public hearings, and findings of consistency with the comprehensive plan.
iii)Comprehensive Plan Amendments. Amendments to the Comprehensive Plan can be initiated by the City Council as an annual update or for specific purposes, including the annexation of property into the city and modifications to the Future Development Map, under the procedures per Chapter XI: Petitions, Permits, and Procedures.
iv)Zoning Text Amendments. City staff, the Planning Commission, and the City Council can initiate a text amendment in whole or in part of the Dallas Zoning Ordinance. Procedures are subject to the requirements outlined in Chapter XI: Petitions, Permits, and subject the requirements of Georgia’s Zoning Procedures Act. O.C.G.A. 36-66, and are subject to the final approval of the City Council.
§ 2.07
TECHNICAL ADVISORY COMMITTEE
Sec. 2.07 – TECHNICAL ADVISORY COMMITTEE
1)As directed by the City Council, the City shall convene a Technical Advisory Committee (“TAC”) comprised of select representatives of key City departments and other agencies. At a minimum, the City Engineer, Community Development Director and Public Works Director shall be members of the TAC. The TAC shall meet with the project applicant as necessary to discuss key project issues and shall review technical matters as appropriate. The TAC shall provide the applicant with information regarding City policy, standards and guidelines in response to the proposed project.
The TAC is advisory; the City shall have the authority to determine adequacy of all documents.
§ 2.08
PROCEDURES FOR CALLING AND CONDUCTING PUBLIC HEARINGS
Sec. 2.08 – PROCEDURES FOR CALLING AND CONDUCTING PUBLIC HEARINGS
1)Applicability. Public hearings held by the City Council as required by this ordinance with regard to rezoning requests (amendments to the official zoning map), applications for conditional uses, applications for variances, and appeals of any administrative decision shall be called and conducted in accordance with the procedures of this section. The City Clerk shall print and make available for distribution to the general public the procedures for the conduct of public hearings as well as the standards to be applied by the Council in making zoning decisions.
2)Presiding officer. The presiding officer shall preside over the public hearing. In the case of the City Council, the Mayor shall preside, or in the absence of the Mayor the Mayor Pro Tempore shall preside, or in the absence of both the Mayor and Mayor Pro Tempore another member of the City Council shall be designated to preside, over the public hearing.
3)Opening of public hearing. The presiding officer shall indicate that a public hearing has been called on one or more applications made pursuant to this ordinance shall summarize the processes required by this article (or call on the Community Development Director to summarize), and shall open the public hearing. Thereupon, the presiding officer shall call the first case and the City Council shall consider each application on an individual basis in succession as printed on the published agenda or as otherwise approved by the City Council; provided, however, that the presiding officer may at his discretion call and consider more than one application simultaneously when more than one application involves the same piece of property, and/or when proceedings would be efficiently completed by combining separately required public hearings and discussing more than one scheduled matter as a single group of applications.
4)Report of Community Development Director. Upon opening the public hearing, the presiding officer may recognize the Community Development Director, who may provide a summary of the application and present any recommendations or results of investigations. Any member of the City Council upon recognition by the presiding officer may ask questions of the Community Development Director or designee or other city or planning commission representative providing a report or recommendations. The Community Development Director may be represented at the public hearing by written report in lieu of oral testimony.
5)Identification of speakers. Prior to speaking, each speaker (including applicant, agent of applicant, and all others) must identify himself and state his current address for the record. The presiding officer may require a speaker to complete an information card supplying such information, prior to testifying.
6)Applicant and those in favor of the application. When an individual application comes up for hearing, the presiding officer may ask for a show of hands of those persons who wish to appear in support of the application. If it appears that the number of persons wishing to appear in support of the application is in excess of those who may reasonably be heard, the presiding officer may request that a spokesperson for the group be chosen to make presentations. Following the report of the Community Development Director or designee, or planning commission spokesperson, if any, the presiding officer shall recognize the applicant or his agent, spokesperson, or each of them, who shall present and explain the application, followed by any other persons wishing to speak in favor of the application. It shall be the duty of the applicant to carry the burden of proof that approval of the proposed application will promote the public health, safety, or general welfare. There shall be a minimum time period of ten minutes per application at the public hearing for the applicant and/or agent and anyone in favor of the application to present data, evidence, and opinions. The City Council shall not be obligated to provide the full ten-minute period to the proponents if they elect not to use that much time, nor shall there be an obligation to provide a minimum of ten minutes per application in the event that more than one application involving the same property is heard simultaneously. A maximum of fifteen minutes shall be allotted. An applicant or agent may reserve any remaining unused time from the allotted time period for rebuttal. Upon the completion of testimony or remarks by the applicant and/or applicant's agent and those speaking in favor of the application, any member of the City Council upon recognition by the presiding officer may ask questions of the applicant or agent of the applicant, or both, or any person speaking in favor of the application.
7)Questions and opposing public comments on the application. At the conclusion of the applicant's presentation and any testimony by others in favor of the application, the presiding officer shall call for public comments from those who wish to ask questions, make comments or oppose the application. The presiding officer may ask for a show of hands of those persons who wish to ask questions, make comments, and/or speak in opposition to the application. If it appears that the number of persons wishing to ask questions, make comments, and/or speak in opposition to the application is in excess of those who may reasonably be heard, the presiding officer may request that a spokesperson for the group be chosen to make presentations, ask questions, or speak in opposition. There shall be a minimum time period of ten minutes per application at the public hearing for the opponents to present data, evidence, and opinions and ask questions. The City Council shall not be obligated to provide the full ten minutes per application to the opponents if they elect not to use that much time, nor shall there be an obligation to provide a minimum of ten minutes per application in the event that more than one application involving the same property is heard simultaneously.
A maximum of fifteen minutes shall be allotted. Upon the completion of testimony or remarks by those asking questions and/or speaking in opposition to the application, any member of the City Council upon recognition by the presiding officer may ask questions of those speakers.
8)Response to questions. Upon the completion of testimony or remarks by those asking questions and/or speaking in opposition to the application, the presiding officer may ask the Community Development Director, if present, to answer questions posed by speakers; answer such questions himself; recognize a member of the City Council to make remarks or answer questions in response to such questions; or defer questions to the applicant to be answered during rebuttal.
9)Content of remarks. Each speaker shall speak only to the merits of the proposed application under consideration and shall address his remarks only to the City Council and not directly to the audience. Each speaker shall refrain from personal attacks on any other speaker or the discussion of facts or opinions irrelevant to the proposed application under consideration. The presiding officer may limit or refuse a speaker the right to continue, if the speaker, after first being cautioned, continues to violate this procedure.
10)Applicant's rebuttal. Upon the conclusion of public testimony, if the ten minutes allotted to the applicant and those speaking in favor of the application has not been exhausted, the applicant or his agent, or both, shall be allowed the remaining time from the total ten minutes allotted to answer questions, rebut the testimony of speakers, and/or provide final comments and remarks. The time devoted to any such rebuttal shall be counted toward the total ten minutes allotted to the applicant if such a time limit is set by the presiding officer. Any member of the City Council upon recognition by the presiding officer may then ask questions of the applicant, his agent, or both.
11)Equal time. In no event shall this section be interpreted to, and in no case shall the presiding officer allow or permit, an unequal amount of time to proponents and opponents with respect to testimony regarding an individual application.
12)Close of hearing. After the foregoing procedures have been completed, the presiding officer will close the public hearing and indicate that the public hearing is closed. Upon the closing of the public hearing, the applicant or his agent and any member of the public shall no longer be permitted to address the City Council in any way, including motions for attention; provided, however, that at any time considered appropriate the presiding officer may reopen the public hearing for a limited time and purpose.
13)Decision. After the public hearing is closed, the City Council may either vote upon the application or may delay its vote to a subsequent meeting, subject to the limitations of this article, provided that notice of the time, date and location when such application will be further considered shall be announced at the meeting during which the public hearing is held. After hearing evidence, in making a decision, the City Council will apply the evidence to the criteria specified in this article for the application in question and other considerations and recommendations as may be considered appropriate. If the City Council determines from the evidence presented by the applicant has shown that the proposed application promotes the health, safety, and general welfare under applicable criteria, then the application shall be granted, subject to those reasonable conditions as may be imposed by the City Council on its own initiative or as recommended by the Community Development Director.
Otherwise, such application shall be denied.
14)Judicial review. Decisions by the City Council with regard to variances are final;
provided, however, any person or persons, jointly or severally, aggrieved by any decision of the City Council with regard to a decision on a variance application under the terms of this section may take an appeal to or seek judicial review by the County Superior Court. Any person, persons or entities jointly or severally may appeal in accord with O.C.G.A. § 36-66-5.1. The City Clerk, on behalf of the Mayor and Council, shall have the authority to approve or issue any form or certificate necessary to perfect the petition for review of any lower judicatory bodies and shall have the authority to accept service of such petition on behalf of the lower judicatory board or agency. Any such certificate, form or service shall be delivered to Dallas City Hall during normal business hours.
CHAPTER III - NONCONFORMITIES