Chapter 100 — Administrative Provisions

Sec. 101.2. Legal provisions.

This Unified Development Ordinance is enacted by the Mayor and City Council to promote the public health, safety, morals, convenience, order, prosperity, comfort, and general welfare of the present and future inhabitants, residents, businesses and visitors of the City of Fayetteville, Georgia, and is intended to achieve the following purposes:

The Mayor and City Council are authorized to adopt this UDO under the authority of Article 9, Section 2, Paragraphs 3 and 4 of the Constitution of the State of Georgia, the Charter of the City of Fayetteville, and pursuant to the enabling authority as set forth within the Georgia Zoning Procedures Law (O.C.G.A. § 36-66-1, et. seq.) and other laws enacted by the General Assembly.

All development and redevelopment shall comply with the standards, criteria and procedures of this UDO.

Development or redevelopment may not occur without official authorization pursuant to the processes and procedures of this UDO.

The provisions of this UDO applies to all land within the City of Fayetteville, Georgia. The application of regulations in this UDO to specific parcels of land is governed by the official zoning map which is incorporated and adopted herein by reference.

Land may not be used, divided, or subdivided, and structures may not be constructed, enlarged, altered or occupied except in compliance with the provisions of this UDO.

Whenever reference is made to a resolution, ordinance, statute, regulation, or document, it shall be construed as a reference to the most recent edition of such regulation, resolution, ordinance, statute, regulation, or document, unless otherwise specifically stated.

If any condition or requirement imposed by this UDO is more restrictive than a condition or requirement imposed by any other law, rule or regulation of any kind, the more restrictive condition or requirement shall apply.

This UDO does not nullify any private agreement or covenant. However, where the UDO is more restrictive than a private agreement or covenant, the UDO shall control. The city does not and shall not enforce any private agreement or covenant.

Sec. 101.3 Severability clause.

If any section, paragraph, subdivision, clause, sentence or provision of these regulations shall be judged to be invalid or unconstitutional by a court of competent jurisdiction, such judgment shall not affect, impair, invalidate or nullify any section, paragraph, subdivision, clause, sentence or provision of these regulations which remain in full force and effect as if such portion so adjudged invalid were not originally part of the UDO.

Sec. 101.4. Interpretation.

In the interpretation and application of this UDO, all provisions shall be held to be minimum requirements adopted for the promotion of the public health, morals, safety, comfort, convenience, or general welfare. This UDO is not intended to repeal, abrogate, annul, or in any way to impair or interfere with any existing provision of law or ordinance other than this UDO, or with any rules, regulation or permits previously adopted or issued or which shall be adopted or issued pursuant to the law relating to the use of buildings or premises, provided, however, that where this UDO imposes a greater restriction than is required by any existing ordinance or by rules, regulations or permits, the provisions of this UDO shall control.

Nothing in this UDO should be interpreted or construed to give rise to any permanent vested rights in the continuation of any particular use, district, zoning classification or any permissible activities therein; and they are hereby declared to be subject to subsequent amendment, change or modification as may be necessary to the preservation or protection of public health, safety, morals and general welfare.

Within this UDO, certain rules of construction apply to the text as follows unless the context of a word or phrase clearly indicates contrary:

The words, terms and phrases used in this UDO shall have the meaning assigned to them in Appendix A –Definitions, except where the context clearly indicates a different meaning.

The following rules shall apply for construing or interpreting the terms and provisions of the UDO:

All provisions, terms, phrases, and expressions herein shall be construed according to the purpose statements set forth throughout this UDO. When a specific section of this UDO gives a different meaning than the general definition provided herein, the specific section’s meaning and application of the term shall control.

Words and phrases shall be construed according to the common and approved usage of the language, but technical words and phrases that may have acquired a peculiar and appropriate meaning in law shall be construed and understood according to such meaning.

Unless the context clearly suggests the contrary, conjunctions shall be interpreted as follows:

Words used in the present tense include the future tense. Words used in the singular number include the plural number and the plural number includes the singular number, unless the context of the particular usage clearly indicates otherwise. Words used in the masculine gender include the feminine gender, and vice versa.

Illustration, photographs and graphics are included within this UDO to illustrate the intent and requirement of the text. In the case of a conflict between the text of this UDO and any illustration, photograph or graphics, the text shall govern.

Unless otherwise specifically indicated, lists of items or examples that use terms “for example,”

“including,” and “such as,” or similar language are intended to provide examples and are not exhaustive lists of all possibilities.

The time in which an act is to be done shall be computed by excluding the first business day and including the last business day. If a deadline or required date of action falls on a Saturday, Sunday, or holiday observed by the city, the deadline or required date of action shall be the next business day that is not a Saturday, Sunday, or holiday observed by the city. References to days are business days unless otherwise stated.

Any act authorized by this UDO shall be carried out by the City Manager, Director of Community and Economic Development Department, City Engineer, Building Official, Fire Marshal, Director of Public Services, or their respective designee.

All public officials, bodies and agencies to which references are made are those of the City of Fayetteville, Georgia, unless otherwise indicated.

Unless specified otherwise, in those provisions that require separation between uses or properties, measurement of distance shall be from nearest property line to nearest property line.

Sec. 101.5. Relationship to comprehensive plan.

The City of Fayetteville Comprehensive Plan, consisting of its Future Land Use Map and related policies, as may be amended from time to time, is hereby established as the official policy of the city concerning designated future land uses, and as a guide to decisions regarding the appropriate manner in which property may be zoned in the incorporated areas of the city. A copy of the comprehensive plan, as may be amended from time to time, shall be maintained at the Community and Economic Development Department and be available for inspection by the public.

The comprehensive plan does not change the existing zoning districts in the city and does not itself permit or prohibit any existing or future land uses. Instead, the comprehensive plan establishes broad planning policy for current and future land uses and will be consulted as a guideline for making decisions about applications to amend the official zoning map and text of this UDO. An approval of an amendment to the comprehensive plan from the Mayor and City Council shall not have any impact on a rezoning request.

Any applicant seeking to rezone property to a classification that is inconsistent with the adopted comprehensive plan and/or the future land use map must first obtain approval of an amendment to the comprehensive plan from the Mayor and City Council following the procedures in this UDO.

The comprehensive plan shall be reviewed and updated or amended (as appropriate) according to a schedule approved by the Mayor and City Council, and as required by the Georgia Department of Community Affairs (DCA) in compliance with the Rules of DCA, Chapter 110-12-1, Minimum Standards and Procedures for Local Comprehensive Planning. Exceptions may be granted by the Mayor and City Council in between the regular review and update cycle in cases of demonstrated hardship, or in cases of large-scale developments that may provide special economic benefits to the community. Requests for exceptions shall be subject to approval by the Mayor and City Council during a regular meeting.

Sec. 101.6. Fees.

Sec. 101.7. Adoption of certain codes.

It is the intent of the city to enforce the latest editions of the following state minimum standard codes, as adopted and amended by the Georgia Department of Community Affairs, including:

The codes identified above mean such codes as they are currently adopted by DCA, provided that any such code may hereafter be amended or revised as provided in § O.C.G.A. 8-2-3(a).

In addition to the regulations of the UDO, the Georgia Accessibility Code for buildings and facilities shall also apply. In the case of conflict between the UDO and the Georgia Accessibility Code, the more stringent provisions will govern.

In addition to the regulations of the UDO, the Life Safety Code (NFPA 101) for buildings and facilities shall also apply. In the case of conflict between the UDO and the Life Safety Code, the more stringent provisions will govern.

Sec. 101.8. Repeal of ordinances.

The repeal of any language within the previously approved City of Fayetteville ordinances, or any expiration by virtue of any provision contained within said ordinances, shall not affect any right accrued, any offense committed, any penalty or punishment incurred or any proceeding commenced before the repeal took effect or the regulation expired.

When any language which repealed another shall itself be repealed, the previous language shall not be revived without being approved as a text amendment to this UDO.

Sec. 101.9. Enactment and effective date.

In accordance with the authority granted by the Constitution of the State of Georgia as enacted by the Georgia General Assembly and Ratified by General Election, the Mayor and City Council of Fayetteville, Georgia, hereby ordains and enacts into law on May 4, 2023 this Unified Development Ordinance of the City of Fayetteville, Georgia.

Sec. 101.10. Official zoning map.

So enacted into law is the “Official Zoning Map of Fayetteville, Georgia” as amended to reflect the zoning districts adopted as a part of this UDO.

ARTICLE 2. ROLES AND RESPONSIBILITIES.

Sec. 102.1. General responsibility.

The provisions of this article shall be administered and enforced by the Mayor and City Council, Planning and Zoning Commission, UDO Administrators, Community and Economic Development Department, Technical Review Committee and/or their respective designees.

The Mayor and City Council are the legislative body of the city and, by law, are responsible for adopting and amending this UDO, including the Official Zoning Map and Future Land Use Map. In addition, the Mayor and City Council have the following responsibilities related to the administration and enforcement of this UDO:

In order to protect the public health, safety, morals, convenience, prosperity and general welfare, as well as to promote efficiency an economy in the development of the city, the Planning and Zoning Commission shall have the power and duty to:

The Director of Community and Economic Development is established as the head of the Community and Economic Development Department and has those powers and duties as expressly identified in this article and the Code of Ordinances. Though the Director of Community and Economic Development may designate UDO review and approval authority to other responsible persons in the Community and Economic Development Department, he or she remains responsible for the actions taken by the designee. The Director of Community and Economic Development shall oversee all administrative duties related to this article, except as where another official or body is specified.

In conjunction with the Director of Public Services, the City Engineer serves as the primary administrator of Chapters 300 and 400 of the UDO and has primary review authority over the articles in those chapters.

In conjunction with the City Engineer, the Director of Public Services serves as the primary administrator of Chapters 300 and 400 of the UDO and has primary review authority over the articles in those chapters.

The Building Official serves as the primary administrator of Chapter 500 of the UDO and has the primary review authority over the articles in that chapter.

The Fire Marshal serves as the primary administrator of Chapter 500 of the UDO and has the primary review authority over the articles in that chapter.

The Community and Economic Development Department consists of the Planning and Zoning, Building, Engineering and Code Enforcement divisions and is responsible for administering and enforcing the provisions of this article and shall, among other duties, issue all permits and notices of violations provided for herein.

In addition to the authority and duties that may be conferred by general law and the Code of Ordinances, the Community and Economic Development Department shall have the following powers and duties under this article:

ARTICLE 3. ADMINISTRATION.

Sec. 103.1. Procedures for administration.

It shall be unlawful for any person to commence excavation for or construction of any building or structure or moving of any existing building or structure without first obtaining a permit from the UDO Administrator. No permit shall be issued for the construction, moving, placement or alteration of any building or structure until proper approval has been granted and fees have been submitted in accordance with the provisions of this article.

Sec. 103.2. Minimum requirements.

In the interpretation and application of this article, all provisions shall be held to be minimum requirements adopted for the promotion of the public health, morals, safety, comfort, convenience, or general welfare. It is not intended by this article to repeal, abrogate, annul, or in any way to impair or interfere with any existing provision of law or ordinance other than this UDO; or with any rules, regulation or permits previously adopted or issued or which shall be adopted or issued pursuant to the law relating to the use of buildings or premises;

provided, that where this article imposes a greater restriction than is required by any existing ordinance or by rules, regulations or permits, the provisions of this article shall control. Nothing in this article should be interpreted or construed to give rise to any permanent vested rights in the continuation of any particular use, district, zoning classification or any permissible activities therein; and they are hereby declared to be subject to subsequent amendment, change or modification as may be necessary to the preservation or protection of public health, safety, morals and general welfare.

Sec. 103.3. Enforcement.

It shall be the duty of the Code Enforcement Officer to enforce the provisions of this UDO under the advisement of the UDO Administrator.

Any building or structure which is erected, repaired, altered, or converted, or any use of premises or land which is begun or changed subsequent to the time of passage and in violation of any of the provisions of this article is hereby declared to be a public nuisance per se, and may be abated by order of any court of competent jurisdiction.

If the UDO Administrator determines that an applicant or other responsible person has failed to comply with the terms and conditions of a permit or has failed to comply with any of the provisions of this UDO, a written notice of violation shall be served to the applicant or other responsible person. Where a person is engaged in activity covered by this UDO without having first secured a permit for that activity, the notice of violation will be served on the owner or the responsible person in charge of the activity being conducted on the site.

Sec. 103.4. Penalties for violation.

Any building or structure that is erected, altered, converted, or maintained in violation of this article shall be subject up to the maximum fine as authorized by the city’s charter. Continuance of a violation shall be considered a separate and distinct offense for each day the violation is continued. Furthermore, any structure that is in violation of this article is not eligible for petition for a variance or other zoning action and will be subject to fines until the structure is brought into compliance with this article.

Where a violation of this UDO exists with respect to the use of any building, structure, or land, the city may employ the following remedies and penalties:

If the violation is by a tenant, person, corporation, firm or other entity who is not the owner of record of the building, structure or land, the city may issue a citation for the violation of the UDO to that person or entity. In addition, the city may provide written notice, either personally or by certified mail, to the owner of record of such building, structure or land. Notice must contain a description of the violation and a 30-day period within which to abate or correct the violation. If the owner of record does not bring the use of the building, structure or land into compliance within 30 days, the owner shall be cited for violation of the UDO. Each day any violation continues shall constitute a separate offense.

If, through inspection, it is determined that a person has failed to comply with an approved plan, a written notice to comply must be served upon that person. The notice must set forth the measures necessary to achieve compliance with the plan and state the time within which such measures must be completed. If the person fails to comply within the time specified, that person will be deemed in violation of the UDO and, in addition to other penalties, will be deemed to have forfeited their performance bond, if required to post one. The local issuing authority may call the bond or any part of the bond to be forfeited and may use the proceeds to hire a contractor to bring the site into compliance.

If the violation is by the owner of record of the building, structure or land, or their agent, employee or representative, in addition to other remedies available, the city may refuse or deny all city permits, licenses, certificates or applications to that owner or their agent until the violation is abated or corrected.

The city may refuse to issue a certificate of occupancy for the building or other improvements constructed or being constructed on the site until the applicant or other responsible person has taken the remedial measures set forth in the notice of violation or has otherwise cured the violations described in the notice.

The city may suspend, revoke or modify any permit authorized by this UDO. A suspended, revoked or modified permit may be reinstated after the applicant or other responsible person has taken the remedial measures set forth in the notice of violation or has otherwise cured the violations described in the notice, provided the permit may be reinstated upon such conditions as the city may deem necessary to enable the applicant or other responsible person to take the necessary remedial measures to cure such violations.

Any person who violates any provision of this UDO, or any permit condition or limitation established pursuant to this UDO, or who negligently or intentionally fails or refuses to comply with any final or emergency order of the city issued as provided herein will be liable for a fine established by the municipal court no greater than allowed by City Charter. For the purpose of enforcing the provisions of this section, the municipal court is authorized to impose a fine for each violation. Notwithstanding any limitation of law as to fines which can be assessed for violations of city ordinances except the limits established by City Charter, any magistrate court or any other court of competent jurisdiction trying cases brought as violations of this UDO under city ordinances approved will be authorized to impose penalties for such violations for each violation. Each day during which violation or failure or refusal to comply continues is a separate violation.

If any building or structure is erected, constructed, reconstructed, altered, repaired, converted or maintained or if any building, structure or land is used in violation of this UDO, the Mayor and City Council, the Building Official or any adjacent or other property owner who would be damaged by the violation, in addition to other remedies, may institute injunction, mandamus or other appropriate action or proceeding to stop the violation in the case of such building, structure or land use.

Sec. 103.5. Emergency work.

When emergency work is performed under this UDO, the person performing it shall report the pertinent facts relating to the work to the UDO Administrator on the next business day after commencement of the work. Within ten days thereafter, the person shall apply for a permit and perform such work within such time as maybe determined by the Community and Economic Development Department.

ARTICLE 4. REVIEW PROCESS AND PROCEDURES.

DIVISION 1. GENERAL PROVISIONS.

Sec. 104.1. Purpose.

The provisions of this article are designed to implement the policies of the comprehensive plan and to balance the city’s interest in promoting the public health, safety and general welfare against the right to the unrestricted use of property.

This article identifies the process for amending this UDO, including the official zoning map; the process for amending the comprehensive plan and the future land use map; the process for reviewing requests for a conditional use, variance, limited use permit or special use permit; and, the steps required for filing and processing applications for permits under this UDO.

Sec. 104.2. Zoning Procedures Law.

This article is intended to comply with the provisions of the Zoning Procedures Law (O.C.G.A. § 36-66-1 et seq.)

which act is incorporated by reference in its entirety into this UDO.

Where any provision of this article conflicts with any provision of state law, the state law shall control. Where this article is incomplete in having failed to incorporate a provision necessarily required for the implementation of state law, the provision of state law must be fully complied with.

Sec. 104.3. Decision-making responsibilities.

There are three basic categories of land use decision-making responsibilities associated with this UDO:

Establishes land use policy for future applications. A public hearing is required, and final approval must be made by the Mayor and City Council. Examples include adoption of an ordinance, amendments to an existing ordinance, the rezoning of property from one zoning classification to another, annexation of property and amendments to the comprehensive plan and/or future land use map and the granting or denial of a limited use permit and/or special use permit.

Involves the application of discretionary standards adopted by the Mayor and City Council and required by this UDO. They require a public hearing before the Planning and Zoning Commission and/or the Mayor and City Council, and procedural due process. Examples include review of appeals of administrative decisions made by a UDO Administrator and the granting or denial of a conditional use or variance.

Involves the application of the standards within this UDO to an application by a UDO Administrator. A public hearing is not required. An administrative approval typically occurs late in the development process. Examples includes review and approval of conceptual and site development plans, preliminary plats, construction plans, final plats, building permits, certificates of occupancy and sign permits.

Review and approval authority Approval process Ordinance Administrator Commission Key: reference City Council R Review D Decision UDO P&Z PH Public Hearing PM Public Meeting Legislative review Amendment to comprehensive plan Sec. 104.13.A. R R-PH D-PH Amendment to future land use map Sec. 104.13.A. R R-PH D-PH Amendment to text Sec. 104.13.A. R R-PH D-PH Amendment to zoning map (rezoning) Sec. 104.13.A. R R-PH D-PH Request for annexation Sec. 104.13.A. R R-PH D-PH Limited use permit Sec. 104.13.J. R R-PH D-PH Special use permit Sec. 104.13.K. R R-PH D-PH Quasi-judicial review Appeal of an administrative decision Sec. 104.18.B.1. R D-PH Conditional use Sec. 104.18.C. R D-PH Variance Sec. 104.18.D. R D-PH Administrative review Administrative Variance Sec. 104.24. D Building Plan Sec. 501.21.A D Conceptual Site Plan Sec. 407.17. R D

Construction Plans                                      Sec. 315.26.          D

Demolition Permit                     Sec. 501.21.A.4.                        D

Site Development Plan                                   Sec. 407.18.          D

Preliminary Plat Sec. 315.25 R D Sec. 104.4. - 7. Reserved.

DIVISION 2. REVIEW PROVISIONS.

Sec. 104.8. Common review provisions.

The following requirements are common to the procedures within this article and apply to all applications submitted under its provisions. Generally, the submittal, review and approval procedures for all applications have six common elements:

Most application requests are handled by administrative review and the applicant will likely work with city staff during the review process.

days prior to a scheduled public meeting or public hearing.

Type of Public Hearing Published notice Posted notice Amendment to Comprehensive Plan x Annexation x x Appeal x Comprehensive Plan amendment x Conditional Use x x Future land use map amendment x Limited use permit x x Ordinance amendment x Special use permit x x Structure demolition x Telecommunications Tower Permit x x Variance x x Zoning map amendment (rezoning) x x

Notice of public hearings before the Planning & Zoning Commission and the City Council shall be prepared and presented for publication by the UDO Administrator or their designee.

All applications pertaining to zoning decisions as defined in O.C.G.A. 36-66-2(4) shall require a public hearing preceded by publication of a public hearing notice within a newspaper of general circulation in Fayette County at least fifteen (15), but not more than forty-five (45) days prior to the date of the public hearing. All such notices shall include, with the exception of amending the text of this Code, the application number, date, time, location, and purpose of the public hearing.

In addition, the following additional notice requirements shall be provided:

All applications before quasi-judicial officers, board, or agencies as defined in O.C.G.A. 36-66-3(1.1), shall require a public hearing preceded by publication of a public hearing notice within a newspaper of general circulation in Fayette County at least thirty (30) days prior to the date of the public hearing.

Such notices shall include the application number, date, time, location, and purpose of the public hearing.

In addition, the following additional notice requirements shall be provided:

Public Hearing signs related to zoning decisions as defined in O.C.G.A. 36-66-2(4) shall comply with the following procedures:

The required sign shall state the time, place, and purpose of the public hearing.

Public Hearing signs related to hearings before quasi-judicial officers, board, or agencies as defined in O.C.G.A. 36-66-3(1.1) shall comply with the following procedures:

Refer to Sec. 104.10.

In accordance with the provisions of O.C.G.A. § 36-67-A-2 et al., each member of the Planning and Zoning Commission and/or the Mayor and City Council shall disclose, on the record, whether or not they or any member of their family have a property interest or financial interest in any real property affected by the rezoning action under consideration.

In accordance with the provisions of O.C.G.A. § 36-67-A-2 et al., an applicant for a rezoning action or a person speaking for or against a rezoning at a public hearing who has made, within two years immediately preceding the filing of an application for said rezoning action, campaign contributions aggregating $250.00 or more to a local government official who will consider the application, shall file a disclosure report with the city clerk.

In accordance with the provisions of O.C.G.A. § 36-66-5 et al., the following policies and rules of procedure are hereby adopted to govern the calling and conducting of all Planning and Zoning Commission and the Mayor and City Council:

§ 50-14-1 et seq.) and O.C.G.A. § 36-66-1 et seq.

Each speaker shall limit remarks to data, evidence and opinions relevant to the zoning proposal under consideration. Speakers shall address all remarks to the chair.

Following its public hearing, the Mayor and City Council may:

In adopting an amendment to the zoning map or approving a limited use permit or special use permit, the Mayor and City Council may impose special conditions which they deem necessary to make the requested action acceptable and consistent with the purposes of the district(s) involved and to further the goals and objectives of the comprehensive plan. It is not the intention of the Mayor and City Council to impose restrictions or conditions which will place an unreasonable financial burden on the applicant. Such conditions may consist of, but are not limited to, the following:

Notwithstanding any other remedies available in this UDO and under local and state law, violations of conditions imposed pursuant to this section shall be handled in accordance with the enforcement and penalties provisions stated in the Code of Ordinances.

No application or reapplication for any zoning map amendment affecting the same land or any portion thereof shall be acted upon or otherwise considered by the city within 12 months from the date of last action by the Mayor and City Council that defeated a previous rezoning application unless such 12 month period is waived by the Mayor and City Council, and in no case may such an application or reapplication be considered in less than six months from the date of last action by the Mayor and City Council that defeated a previous rezoning application.

Sec. 104.9. Procedures specific to zoning decision to allow for multi-family development.

Notwithstanding any other provisions of this chapter to the contrary, when a proposed zoning decision relates to an amendment of the zoning ordinance to revise one or more zoning classifications or definitions relating to single-family residential uses of property so as to authorize multifamily uses of property pursuant to such classification or definitions, or to grant blanket permission, under certain or all circumstances, for property owners to deviate from the existing zoning requirements of a single-family residential zoning, such zoning decision must be adopted in the following manner:

Sec. 104.10. Public notification requirements via first class mail.

At least fifteen (15) days prior to the required public hearing for annexations and/or rezoning requests, the UDO Administrator shall cause a notice of public hearing to be sent by first class mail to all owners of property adjacent to the property considered for annexation and/or rezoning, and to all owners of property located within 1,000 feet of the property to be considered for annexation and/or rezoning. Property ownership shall be as shown by the Fayette County Tax Digest for the year in which the annexation and/or rezoning application is considered. City Officials have no duty to inquire into ownership beyond that shown on said tax digest. As used in this section, the phrase "owners of adjacent property" means any owner of property that physically touches the property considered for annexation and/or rezoning.

The city shall send notification to owners of residential property within 1,000 feet of the subject tract within ten days after a request for conceptual site plan and/or preliminary plat is submitted for review.

Said notification shall include the date and time these items will be heard before the Planning and Zoning Commission. The UDO Administrator shall have the discretion to limit notification to those parcels who might be impacted by the proposed development.

When public notice of a hearing is required, the fact that the notice is not received due to an error that was not the fault of the city does not prevent the public hearing from happening, change any decision made at the public hearing, or prevent the application from continuing to move forward through the review process.

Sec. 104.11. - 12. Reserved.

DIVISION 3. LEGISLATIVE REVIEW PROVISIONS.

Sec. 104.13. Legislative review.

The following requirements apply to applications subject to legislative review and action by the Mayor and City Council, including:

If, in accordance with the provisions of this article, changes are made in district boundaries or other matters portrayed on the official zoning map, such changes shall be entered on the official zoning map promptly after the amendment has been approved by the Mayor and City Council. The date the amendment was adopted and the signatures of the Mayor and City Council shall be entered on the official zoning map in connection with any changes made on the map.

In the event the official zoning map becomes damaged, destroyed, lost or difficult to interpret because of the nature or number of changes and additions, the Mayor and City Council may by resolution adopt a new official zoning map which shall supersede the prior official zoning map. The new official zoning map may correct drafting or other errors or omissions in the prior official zoning map, but no such correction shall have the effect of amending the original official zoning map. Any such replacement map shall bear the date of adoption and the signatures of the Mayor and City Council.

The following standards and factors are found to be relevant and shall be used for evaluating applications for amendments to the comprehensive plan and/or future land use map:

and

Requests to change the conditions of an approved rezoning shall be subject to the same application, review and approval process as a new application, including the payment of relevant fees.

If, within 12 months from the date the rezoning was approved, the applicant fails to initiate development of the subject site in conformity with said uses and development plans, including any conditions imposed by the Mayor and City Council, the zoning granted in the ordinance of rezoning shall be subject to revocation, and the land’s zoning classification reverted to the zoning classification of the land prior to the rezoning. If an annexation was granted, the site shall be subject to reversion to the zoning classification most compatible with that of the surrounding area, as determined by the Mayor and City Council. Prior to reversion the property owner shall be notified in writing at the owner’s last address known to the City of the intent to revoke current zoning and date and time of public hearing. Standards governing public hearings as identified in Sec. 104.8.D. shall be followed. The City Council shall make the final decision.

Substantial compliance means the applicant must have initiated development of the project to the point that it is clearly in progress in accordance with the approved development plans. The applicant’s final representation of the proposed use of the site, the final development plans presented to the Mayor and City Council in support of the application (and accepted by the Mayor and City Council as reflected in the zoning ordinance or the council’s minutes of the proceedings), and the implementation of any conditions imposed upon the proposed use and/or development plans, shall be conditions to the continued existence of any rezoning granted by this chapter.

If the request to amend the zoning map is denied by the Mayor and Council, the same property may not be considered for a zoning map amendment until the expiration of six months following the denial of the zoning map amendment.

An application for a zoning map amendment affecting the same parcel shall not be accepted more than once every 12 months, said interval to begin with the date of a final decision by the Mayor and City Council. The 12-month interval shall not apply to applications for a zoning map amendment that is initiated by the Mayor and City Council or the Planning and Zoning Commission.

Upon accepting an application for annexation pursuant to O.C.G.A. § 36-36-21 or a petition for annexation pursuant to O.C.G.A. § 36-36-32, or upon adopting a resolution calling for an annexation referendum pursuant to O.C.G.A. § 36-36-57, the city shall give notice to Fayette County pursuant to O.C.G.A. §36-36-6 and O.C.G.A. § 36-36-111.

If the County files a proper Notice of Objection pursuant to O.C.G.A. § 36-36-113, the city shall follow the procedures of O.C.G.A. Title 36, Chapter 36, Article 7.

Prior to a final decision by the Mayor and City Council on any annexation action pursuant to O.C.G.A. § 36-36-21 or 36-36-32, the city shall adhere to the standards governing public notice requirements and public hearings as identified in Sec.s 104.8.C. and D. herein.

The Mayor and City Council shall have the authority to consider requests for a limited use permit in accordance with the standards and procedures set forth herein.

Any person, firm, corporation or agency may submit an application for a limited use permit provided they are the owner or the owner’s representative of the property for which the application is being submitted.

Refer to Sec.104.8. of this UDO for limited use permit application procedures.

The UDO Administrator shall conduct a site inspection and prepare a staff report containing an analysis of each application for a limited use permit. The staff report and supporting documentation shall be presented in written form to the Planning and Zoning Commission and to City Council prior to the scheduled public hearing date.

Refer to Sec. 104.8.D. of this UDO.

The following requirements shall be considered by City Staff, the Planning and Zoning Commission and City Council in evaluating and deciding any application for a limited use permit:

Modifications to a limited use permit. Changes to an approved limited use permit, including d.

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

Enforcement. The UDO Administrator shall periodically examine the subject lot, building, e.

structure and/or use of land associated with the limited use to determine compliance with the requirements of any approvals and conditions. If it is found the approvals and conditions are being violated, a written notice shall be issued to the owner of the property outlining the nature of the violations and giving the owner of the property a maximum of 30 days to come into compliance. If after 30 days the violations continue to exist, the UDO Administrator shall forward a report to the City Council which may recommend that action be taken to remove the limited use permit from the property.

Any such application by any person, corporation, or other legal entity to transfer a limited use permit shall be accompanied by an affidavit of the proposed transferee certifying that the new owner or operator is familiar with and will abide by the approved site plan and all of the approvals and conditions, if any, imposed by the City Council at the time of the grant of the limited use permit.

The City Council shall have the authority to consider requests for a special use permit in accordance with the standards and procedures set forth herein.

A special use permit is limited to those parcels of land within the Downtown Mixed Use (DMU) District established within this UDO. The special use permit is intended as a means for City Council to review certain developments and/or building types to ensure they are compatible with the neighborhoods in which they are proposed. The special use permit is not intended to alter the base zoning of the property but to allow for further review and to adopt specific understandings and conditions specific to the proposal.

Any person, firm, corporation or agency may submit an application provided they are the owner or the owner’s representative of the property for which the application is being submitted.

Refer to Sec.104.8. of this UDO.

The UDO Administrator shall conduct a site inspection and prepare a staff report containing an analysis of each application. The staff report and supporting documentation shall be presented in written form to the Planning and Zoning Commission and to City Council prior to the scheduled public hearing date.

Refer to Sec. 104.8.D. of this UDO.

Sec. 104.14. - 17. Reserved.

DIVISION 4. QUASI-JUDICIAL REVIEW PROVISIONS.

Sec. 104.18. Quasi-judicial review.

The following requirements apply to all applications subject to quasi-judicial review and action by the Planning and Zoning Commission and/or the Mayor and City Council, including:

An appeal from a final written determination of a UDO Administrator regarding this UDO may be taken to the Mayor and City Council by any person aggrieved by such determination, or by any officer, department, board or agency of the city affected by such determination.

Such appeal shall be taken within ten calendar days from the date of a final written determination of the UDO Administrator by filing with the City Clerk a written notice of appeal specifying the grounds thereof. The notice of appeal shall be submitted on forms available from the City Clerk.

Upon receipt of a complete notice of appeal, the City Clerk shall forthwith transmit to the Mayor and City Council all the papers constituting the record upon which the action appealed from was taken.

An appeal stays all proceedings in furtherance of the action appealed from unless the City Clerk certifies to the Mayor and City Council, after the notice of appeal shall have been filed with the City Clerk, that by reason of facts stated in the certificate a stay would, in the City Clerk’s opinion, cause imminent peril to life or property. In such case proceedings shall not be stayed otherwise than by a restraining order which may be granted by the Mayor and City Council or by a court of record on application with notice to the City Clerk and on due cause shown.

Refer to Sec. 104.8.D. of this UDO.

Any person aggrieved by a final decision of the Mayor and City Council, or any officer, department or agency of the city affected by such decision, may appeal from such decision to the Superior Court of Fayette County, Georgia by writ of certiorari. Such appeal shall be filed within 30 days after decision of the Mayor and City Council is rendered.

Within the time prescribed by and pursuant to applicable state law, the UDO Administrator shall cause to be filed with the Superior Court of Fayette County, Georgia a certified copy of the proceedings had before the Mayor and City Council, including a transcript of the evidence heard before it, if any, and the decision of the board.

Refer to Sec.104.8.B of this UDO.

The UDO Administrator shall conduct a site inspection and prepare an analysis of each application.

The staff report and supporting documentation shall be presented in written form to the appropriate Planning and Zoning Commission prior to the scheduled public hearing date.

Refer to Sec. 104.8.D. of this UDO.

The following standards and factors are found to be relevant and shall be used for evaluating applications for a conditional use:

A conditional use approved within a residential zoning district where the use is proposed to operate in a dwelling or as an accessory use to a dwelling shall be subject to the following requirements:

Once approved, no major amendments to a conditional use shall be authorized unless such amendments have been applied for and approved in accordance with all procedural requirements identified herein. Major amendments are those that impact adjoining or nearby property in any manner other than incidentally, and shall include but not be limited to the following:

The Planning and Zoning Commission shall have the authority to consider variances including reasonable accommodations from the requirements of this UDO in accordance with the standards and procedures set forth herein.

The purpose of a variance is to provide a mechanism when, owing to special conditions, the strict application of this UDO would impose on a landowner exceptional and undue hardship that can be mitigated without conferring on the applicant special privilege.

Any person, firm, corporation or agency may submit an application provided they are the owner or the owner’s representative of the property for which the application is being submitted.

Refer to Sec. 104.8.B. of this UDO.

The UDO Administrator shall conduct a site inspection and prepare an analysis of each application.

The staff report and supporting documentation shall be presented in written form to the Planning and Zoning Commission prior to the scheduled public hearing date.

Refer to Sec. 104.8.D. of this UDO.

The following standards and factors are found to be relevant and shall be used for evaluating applications for variances:

No variance may be granted for a use of land, building or structure that is explicitly prohibited by the UDO or which would result in a greater intensity of development on a property than would otherwise be allowed if no variance were involved.

When action is unfavorable on an application for variance or where the applicant withdraws the application prior to final action by the Planning and Zoning Commission, a substantially similar application may not be resubmitted for at least one year from the date of denial or withdrawal. This requirement may be waived for good cause by the UDO Administrator.

Sec. 104.19. - 22. Reserved.

DIVISION 5. ADMINISTRATIVE REVIEW PROVISIONS.

Sec. 104.23. Administrative review.

Permits that may be approved by a UDO Administrator through the administrative review process fall under three review sub-categories:

Specifically, review responsibilities are shown in the following table:

Review and approval authority Approval process Ordinance Administrator City Engineer Building Official reference Fire Marshal UDO Administrative Variance Sec. 104.24. A Accessory Building Sec. 401.29. R R A R As-built drawings R A R R Banner Permit Sec. 406.20.3. A Building Permit Sec. 501.21.A.1. R A R Certificate of Completion Sec. 501.38.A. R R A Certificate of Occupancy Sec. 501.38.B. R R A Change of Occupancy Certificate Sec. 501.38.B. A R Commercial Building Permit Sec. 501.21.A.1. R A R Commercial Electrical Permit Sec. 501.21.A.1. A Conceptual Site Plan (site) Sec. 407.17. A R R R Construction Plans (subdivision) Sec. 315.26. R A R R Construction Trailer Permit Sec. 501.21. A Demolition Permit Sec. 501.21.A.1. R A R Development Plans (site) Sec. 407.18. R A R R Driveway and Right of Way Permits Sec. 313.5 A R Fence Permit Sec. 401.35. R R A Film Permit A R R R Final Plat Sec. 315.28. R A R R Foundation Permit Sec. 501.21.A.4. R A Home Occupation Permit Sec. 207.8 R R R Land Disturbance Permit Sec. 315.27 & 407.22. R A R R Landscape Plan Sec. 403.53. R A Low-voltage Permit Sec. 501.21.A.1. A Mechanical Permit Sec. 501.21.A.1. A Parade Permit Sec. 313.8. R R R Parking Lot Tent Sale Permit Sec. 207.20. A R Parking Waiver Sec. 104.24.H. A Plat Amendment Sec. 315.20. R A R R Plumbing Permit Sec. 501.21.A.1. A Pool Permit Sec. 501.21.A.1. R R A Preliminary Plat (subdivision) Sec. 315.25. R A R R Re-roof Permit Sec. 501.21.A.1. A Residential Electrical Permit Sec. 501.21.A.1. A Residential New Construction Permit Sec. 501.21.A.1. A Residential Remodel Permit Sec. 501.21.A.1. A Roof Permit Sec. 501.21.A.1. A Sign Permit Sec. 406.11. A Sign Variance Sec. 104.24.7 A Storage Trailer Permit Sec. 207.19. A R R Temporary Sign Permit Sec. 406.21. A Temporary Use Permit Sec. 207.84. A Tent Permit Sec. 401.19. A R R Trade Permit Sec. 501.21.A.1. A Tree Removal Permit Sec. 403.9. A Utility Encroachment Permit Sec. 313.6. R R A Utility Restoration Permit Sec. 501.39. R A Zoning Compliance Letter Sec. 104.25. A Zoning Verification Letter A

Sec. 104.24. Administrative variances.

The UDO Administrator shall have the authority to grant administrative variances (except for density and use variances) from the development standards as established in the UDO where, in their opinion, the intent of the UDO can be achieved, and equal performance including reasonable accommodations as defined at Sec. 104.18.24.I. herein obtained by granting an administrative variance.

The authority to grant administrative variances shall be limited to the following:

A reduction of up to 10% of the numeric standard for a minimum building setback. Such reduction shall not alleviate minimum building separation requirements identified in the Building Code.

An increase of up to 10% beyond the numeric standard for lot coverage.

Up to but not exceeding ten feet, provided that no increase in the height for a sign or fence may be granted nor may the variance result in an increase in the number of stories than would otherwise be allowed under the applicable zoning district. Said increase shall be limited to parapet walls or screening for roof-mounted mechanical equipment.

A reduction in width by no more than 50 percent where the future land use map recommends a more compatible land use on the neighboring property than that for which said property is actually zoned, or in other situations where the intent of the required buffer can be equally or otherwise achieved.

Reduction of a buffer required as a condition of a rezoning or of a grant of a conditional use shall be not permitted.

An elimination and/or reduction of width of a required sidewalk pursuant to the following conditions:

Parking spaces may be left unmarked provided all of the following conditions are present:

Refer to Sec. 104.8.B. of this UDO.

If the application is denied, the reasons for denial shall be provided in writing along with a notice that the applicant may file an appeal to the Mayor and City Council as identified herein.

Sec. 104.25. Certificates.

ARTICLE 5. NONCONFORMITIES.

Sec. 105.1. Intent.

Sec. 105.2. Nonconformities.

Where a lot of record in existence at the time of adoption or amendment of this article does not meet the minimum requirements for lot width or lot area, the lot of record may be used for any permitted use in the district in which the lot is located; provided, that any building or structure constructed on the lot complies with all other requirements for the zoning district. The nonconforming lot may also be used for conditional uses, if it meets all applicable requirements of this article for those uses.

Where a lawful building or structure exists at the effective date of this article, or an amendment thereto, that does not comply with the requirements of this article because of restrictions such as lot coverage, height, setbacks, parking, or floor area, that building or structure may continue to be occupied and used so long as it remains otherwise lawful, subject to the following provisions:

Sec. 105.3 Uses approved under prior special exception permits or rezoning with conditions.

Any use for which a special exception or a rezoning with conditions has been issued under a prior zoning code or ordinance shall not be deemed a nonconforming use but shall be deemed a conforming use in the district under the conditions required for the issuance and validity of the special use permit or rezoning.

Sec. 105.4. Amortization.

Certain uses of land, buildings, and structures have an adverse effect on the orderly development of the community and on the general health and welfare of the citizens. Such uses can be required to cease after a reasonable time, irrespective of the general rules governing nonconforming uses as presented in this article.

The following uses shall be removed, discontinued, or made conforming within the specified amortization period which shall commence upon the serving of written notice to the owner by the city:

Sec. 105.5. Repairs and maintenance.

Work may be done on any nonconforming structure, or portion of a structure, containing a nonconforming use, on ordinary repairs, or on repair or replacement of load bearing or non-bearing walls, fixtures, wiring, or plumbing, to an extent not exceeding fifty percent of the current replacement cost of the nonconforming structure or on conforming portion of the structure as the case may be, provided that the square footage or cubic content existing when it became nonconforming shall not be increased.

If a nonconforming structure or portion of a structure containing a nonconforming use becomes physically unsafe or unlawful due to lack of repairs and maintenance and is declared by any duly authorized official to be unsafe or unlawful by reason of physical condition, it shall not thereafter be restored, repaired or rebuilt except in conformity with the regulations of the district in which it is located.

Nothing in this UDO shall be deemed to prevent the strengthening or restoring to a safe condition of any building or part thereof declared to be unsafe by any official charged with protecting the public safety, upon order of such official.

Sec. 105.6. Exceptions.

If a permitted construction project remains dormant for more than 12 months, the building permit and all other permits shall become null and void. The owner of such uncompleted structure may maintain the structure in its existing condition for up to 12 months while awaiting new permits. If the applicant does not receive the necessary permits within the 12-month period, the uncompleted structure shall be removed. The Mayor and City Council may grant one extension of up to 12 additional months where it is found that circumstances beyond the owner’s control such as extreme weather conditions, availability of materials, or labor shortages have caused delays.

The issuance or granting of a permit or approval of plans or specifications shall not be considered as approval for any violation of any provision in this article. No permit presuming to give the authority to violate or cancel any provision of this article shall be valid.

Any lot, use, building or structure established in violation of the provisions of this article or any prior ordinance or amendment shall not be considered a legal nonconformity and shall not be entitled to the provisions, remedies and safeguards of this article.

However, the installation of a new antenna on an existing tower shall be permitted; provided, it does not result in modifications to the structure or height of the existing tower or necessitate the addition of other accessory buildings or equipment.