Article 12 — Appeals

It is the intent of this Article that all questions of interpretation and application of the provisions of this Development Code shall be first presented to the Planning and Development Director, and that an appeal of an adverse decision of the Director shall follow the procedure appropriate to the type of appeal as defined under Section 1201.01 and as proscribed by this Article.

A request for approval of a special exception on a property shall be brought by the property owner or, with the owner’s permission, the holder of or applicant for a permit for development or construction on the property.

Relief shall be limited to the requirements of this Development Code as listed under the “special exceptions”

column on Table 12- A: Special Exceptions.

A special exception may be approved upon a finding that the relief, if granted:

Fences within the front yard in a  Fences within the front yard must meet the following specifications and
residential district.              conditions for administrative approval:
                                   a. The special exception application must include the following:
                                        1.    A drawing, sketch, brochure, manufacturer’s literature, photograph
                                        or other pictorial documentation of the proposed fence; and
                                        2.    A property survey showing the location of the fence, the house or
                                        other principal building, and the street frontage.
                                   b. The maximum height shall be 4 feet, or 5 feet with administrative approval.
                                   c. Fence shall be constructed with natural wood, simulated wood, brick
                                   columns or decorative ornamental iron only.
                                   d. The distance between the pickets of a picket fence must be a minimum of
                                   2 inches.
                                   e. The color of the fence must be natural wood colors, neutral colors such as
                                   white, beige, ivory, cream off-white, or black, dark green wrought iron or the
                                   same color as the façade of the principal structure on the property.
                                   f. Solid panel or privacy fences are not allowed within the required front yard.
Land development construction      Modification or waiver of the construction standards of this Development
standards.                         Code regarding land preparation or grading, drainage or erosion control,
                                   street design or construction, or the installation of utilities may be authorized

Maximum building height. Not to exceed an additional 4 feet above the maximum allowed.

Minimum building setbacks. a. Not to exceed a reduction in the minimum setback required by 10%, except the front setback may be reduced or waived for a multi-family or nonresidential use if the parking is located in the side or rear yards and the landscaping requirements of this Development Code are met.

Minimum lot width. Administrative approval is not available.

Minimum floor area Administrative approval is not available.

requirements for dwellings.

Nonconforming structure, Administrative approval is not available.

enlargement or extension of.

Table 12-A: Special Exceptions Special Exception Administrative Approval Parameters Parking requirements, such as In instances where an applicant shows specific and valid reasons why the the number of spaces required requirements of the plan and design standards for off-street parking, the or improvement standards for number of off-street parking spaces required or the minimum size and parking lots. number of off-street loading and unloading spaces cannot be reasonably met and where a reduction of not more than 10 percent in such requirements will not adversely affect the spirit or the intent of this Development Code, the Director may administratively grant such reduction.

Signs. See Article 6 provisions for Planning and Development Director approval for increasing sign sizes (up to 10%) or the number of signs, and for Master Sign Plan approvals.

Street frontage. Administrative approval is not available.

Telecommunication facility Not to exceed a reduction in the minimum setback required by 10%.

setbacks (not a part of a special use application).

Separation between Not to exceed a reduction in the minimum 1500-foot separation required by telecommunication towers 10%, or greater if technologically required based on engineering greater than 70 feet in requirements or visually preferable based on sight line studies or other height. documentation prepared by the appellant.

Zoning buffers and screening. Administrative approval is not available.

Encroachment into a 75’ buffer. Administrative approval of up to 5’ within the 75’ buffer.

In no case shall a special exception be granted from the conditions of approval imposed on a property through a zoning change or special use approval granted by the City Council.

A request for a hardship variance on a property shall be brought by the property owner or, with the owner’s permission, the holder of or applicant for a permit for development or construction on the property.

and,

In no case shall a hardship variance be granted for any of the following:

All applications for a hardship variance shall be accompanied by written information, a plat or drawing, or other documentation that clearly explains or shows the basis for the appeal.

A request for a floodplain management variance on a property shall be brought by the property owner or, with the owner’s permission, the holder of or applicant for a permit for development or construction on the property.

A floodplain management variance may be considered under the following circumstances:

The following variance and appeals procedures shall apply to an appellant who has been denied a permit for a development activity, or to an owner or developer who has not applied for a permit because it is clear that the proposed development activity would be inconsistent with the floodplain management provisions of this Development Code. A request for a floodplain management variance may be submitted by an appellant to the Planning and Development Director.

and,

In passing upon a floodplain management variance, the Zoning Board of Appeals shall consider all technical evaluations, all relevant factors, all standards specified in other sections of this Development Code relating to flood damage prevention, and the:

For purposes of this section, the term “quasi-judicial decision” shall include hearings on appeals of administrative decisions and hearings and decisions on applications for variances, special administrative permits, special exceptions, conditional use permits, and other similar permits.

administrative resolution of the matter or 2) the date, time, and place of the public hearing.

Any applicant wishing to withdraw a special exception or variance application prior to final action on the application shall file a written request for withdrawal with the Planning and Development Director.

Failure to receive the written decision within 7 days shall not constitute a procedural error on the part of the City, nor affect the decision of the Board in any manner.

In granting any special exception or variance, the Zoning Board of Appeals or the City Council may impose appropriate conditions of approval which it deems necessary in order to make the requested action acceptable and consistent with the purposes of this Development Code and of the zoning district(s) involved, to ameliorate negative issues identified through evaluation of the special exception or variance, or to further the goals and objectives of any plans adopted by the City. Violation of such conditions of approval, when made a part of the term under which the variance is granted, shall be deemed a violation of this Development Code and punishable under the provisions of Article 13.

If an application for a special exception or a hardship or floodplain management variance on a property is denied by the Zoning Board of Appeals (or by the City Council upon appeal), a reapplication for the same special exception or variance on the same property may not be made until the expiration of 12 months from the date of final action on the application, unless the Zoning Board of Appeals agrees to waive the 12-month waiting period by majority vote.

Any person aggrieved by an alleged error in any order, requirement, decision or determination made in the interpretation or enforcement of this Development Code by an administrative official of the City may initiate an appeal directly to the City Council.

Any final zoning or quasi-judicial decision made by the City Council or the Zoning Board of Appeals may be appealed by petitioning the superior court of the county pursuant to O.C.G.A. §36-66-5.1. An appeal filed pursuant to this provision shall stay all legal proceedings in furtherance of the action appealed from or challenged, unless the City Council certifies that a stay would cause imminent peril to life or property.