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PLANNING COMMISSION AGENDA
Tuesday September 23, 2008, 7:00 pm
Agenda Item Description Meeting
Dates**
Staff
Recommendation
PC
Recommendation
I. INVOCATION
II. CALL TO ORDER
III. PLEDGE OF
ALLEGIANCE
IV. PUBLIC
COMMENT
A. Approval of
Minutes
Minutes from the August
26, 2008 Planning
Commission Meeting
Approval
V. Text
Amendments
A. RZ08-09 Text Amendment to
Article 22 of the City of
Milton Zoning Ordinance,
Appeals
Approval Conditional
VI. Adjourn
**Meeting Codes: CZIM-Community Zoning Information Meeting; DRB-Design Review Board;
PC-Planning Commission; MCC-Mayor and City Council
1
ADOPTED BY THE CITY OF MILTON CITY COUNCIL
DECEMBER 21, 2006
ARTICLE XXII
APPEALS
22.1. PURPOSE.
The purpose of this article is to establish procedures for appealing the strict
application of regulations contained herein and conditions of zoning when those
regulations impose a hardship on the development of the property, and to provide for
interpretation of the text of this ResolutionOrdinance and the Official Zoning Map.
Appeals are authorized herein to be considered by various bodies and individuals
depending on the type of appeal and its relationship to applications for Use Permits,
or Rezonings or Chapter 14, Article 6, Section 5 of the Milton Land Development
City Code. Variances apply to the development standards and district standards per
the Zoning ResolutionOrdinance or Land Development City Code. Modifications
apply to the approved conditions of zoning or use permit.
22.2. DECISION MAKING AUTHORITY.
The following are the powers and jurisdiction of the various decision makers and
administrative bodies.
22.2.1. MAYOR AND CITY COUNCILBOARD OF COMMISSIONERS (BOC). The
Board of Commissioners (BOC)Mayor and City Council shall have the following
powers and duties under the provisions of this Zoning ResolutionOrdinance:
A. To hear and decide applications for rezonings, use permits, and modifications
pursuant to Article 22 and Article 28;
B. To hear and decide applications for concurrent variances in conjunction with
applications for rezonings, use permits, and/or zoning modifications pursuant
to Article 22 and Article 28;
C. To hear and decide applications for stream buffer variances when the
applicant requests a rezoning, use permit and/or zoning modification
concurrently pursuant to Article 22 and Chapter 14, Article 6, Section 5 of
the Milton Land Development City Code and;
D. To hear and decide applications for variances from any Zoning Ordinance
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provision that involves more than 5 lots or more than ten percent 10% of lots
in a subdivision, whichever is greater pursuant to Article 22; and
E. To initiate a modification of approved zoning conditions.
22.2.2. BOARD OF ZONING APPEALS (BZA). The Board of Zoning Appeals (BZA)
shall have the following powers and duties under the provisions of this Zoning
Ordinance Resolution:
A. To hear and decide applications for primary variance requests;
B. To hear and decide applications for primary variances involving up to 5 lots
or up to ten percent (10%) of lots in a subdivision, whichever is greater.
C. To hear and decide applications for stream buffer variance requests
referenced in Chapter 14, Article 6, Section 5 of the Milton Land
Development Ordinance, that are not concurrent with a rezoning, use permit
or modification;
D.B. To hear and decide appeals from the interpretation of any of the provisions of
this ResolutionOrdinance by the Director of the Department of Environment
and Community Development Director in accordance with Section 22.2.3.
H.;
EC. To hear and decide appeals when it is alleged that there is an error in any
order, requirement, decision, or determination made by any Fulton
CountyCity of Milton official in the enforcement of this Zoning
ResolutionOrdinance and;
FD. To hear and decide appeals from a permitting or procedural decision of the
Department Director or Deputy Director regarding minor or administrative
variance requests.
22.2.3. DIRECTOR OF THE DEPARTMENT OF CENVIRONMENT AND
COMMUNITIY DEVELOPMENT (E&CD), The Director of the Department of
Environment and Community Development (E&CD) shall have the following
jurisdiction, power and duties under the provisions of this Zoning
OrdinanceResolution:
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A. To determine the type of appeal application or land use process the property
owner/agent is required to apply for;
B. To consider and decide on minor variances to minimum yard requirements,
not to exceed ten percent of such requirement, as long as property owners
with standing do not object;
C. To consider and decide on administrative minor variances of no more than 1
foot;
D. To consider and decide on administrative variances;
E. To consider and decide on administrative modifications to conditions of
zoning;
F. To interpret the provisions of the Zoning ResolutionOrdinance related to the
following:
1. Inconsistent, vague or obscure language;
2. Provisions which are in conflict or are confusing; and
3. Conflicting or redundant procedural requirements; and.
G. To establish procedural requirements for review of appeal applications.
22.2.4. LIMITATION ON AUTHORITY. The authority and jurisdiction of Boards and
individuals as provided herein shall be limited as outlined in the following. In
exercising this jurisdiction, each hearing Board or individual shall have authority to
determine whether it has jurisdiction.
A. There shall be no variances to permitted uses or accessory uses as specified
in the zoning district regulations, administrative/use permit or zoning
conditions.
B. There shall be no variances to the minimum lot area nor the minimum district
size required in each zoning district.
C. There shall be no variances to the minimum lot frontage on a street as
required in designated zoning districts of the Zoning ResolutionOrdinance.
D. There shall be no modification to increase the density or change the use
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approved under the rezoning case. except to allow for the development of a
conservation subdivision. (Amended 05/05/04)
E. There shall be no modification to revise a site plan that, as determined by the
Director of the Department of Environment and Community Development
(E&CD) results in a significant change in the approved concept. Such a site
plan revision shall require rezoning pursuant to Article 28.
F. There shall be no relief or variance from the standards of Article 22 or
Article 28.
22.3. VARIANCES. A variance is a request for relief from the provisions of the Zoning
ResolutionOrdinance. There are 6 types of variance applications. The type of
variance necessary shall be determined by the Director of the Department of
Environment and Community Development. The different types of appeals are listed
below and described in the following sections:
1. Administrative Variance
2. Minor Variance/Administrative Minor Variance
3. Primary Variance
4. Secondary Variance
5. Interpretation
6. Concurrent Variance
22.3.1. VARIANCE CONSIDERATIONS. A variance must be based upon
credible evidence submitted at a public hearing before the Board of Zoning
Appeals, demonstrating the following;
A. The general purpose and intent of the Ordinance shall be observed;
and
B. There are such extraordinary and exceptional situations or conditions
pertaining to the particular piece of property that the literal or strict
application of the City's Ordinance would create an unnecessary
hardship due to size, shape or topography or other extraordinary and
exceptional situations or conditions; and
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C. Such conditions are not the result of actions of the property owner;
and
D. These conditions existed at the time of the enactment of the
applicable Ordinance or Ordinances; and
E. Relief, if granted would not cause a substantial detriment to the
public good and surrounding properties; and
F. That the public safety, health and welfare are secured and that
substantial justice is done.
Variances may be considered in all districts. Primary variances and concurrent variances shall only
be granted upon showing that:
A. Relief, if granted, would be in harmony with, or, could be made to be in
harmony with, the general purpose and intent of the Zoning Resolution; or,
B. The application of the particular provision of the Zoning Resolution to a par-
ticular piece of property, due to extraordinary and exceptional conditions
pertaining to that property because of its size, shape, or topography, would
create an unnecessary hardship for the owner while causing no detriment to
the public; or,
C. Conditions resulting from existing foliage or structures bring about a
hardship whereby a sign meeting minimum letter size, square footage and
height requirements can not be read from an adjoining public road.
22.4. ADMINISTRATIVE VARIANCE.
The Director of the Department of Environment and Community Development is
authorized by this ResolutionOrdinance to consider an Administrative Variance
whenever a property owner maintains that a provision contained in Article 34,
DEVELOPMENT REGULATIONS, as applied to a specific situation, is not in the
best interest of the public health, safety and welfare; whenever there is a request for
the alteration of the 10 foot improvement setback required along all buffers as
required in the conditions of zoning and/or in Article 4.23.1 MINIMUM
LANDSCAPE STRIPS AND BUFFERS; and whenever there is a request up to a
10% reduction in the number of required parking spaces per Article 18.2.4,
ADMINISTRATIVE REDUCTION OF SPACES CONSTRUCTED.(Amended
12/1/99)
22.5. ADMINISTRATIVE MINOR VARIANCE.
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The Director of the Environment and Community Development may grant an
Administrative Minor Variance up to 1 foot from any minimum yard requirement.
22.6. MINOR VARIANCE.
The Director of the Environment and Community Development may grant minor
variances to minimum yard requirements, not to exceed ten percent of such
requirement, as long as no objection has been submitted in writing to the Director of
Environment and Community Development. An appeal to a minor variance decision
must be filed as a Secondary Variance request.(Amended 12/1/99)
22.7. PRIMARY VARIANCE.
A request for a variance from any Zoning ResolutionOrdinance provision that is not
being handled as a minor, administrative minor or concurrent variance and shall be
heard and decided by the Board of Zoning Appeals in accordance with Section
22.3.1.
22.7.1 PRIMARY VARIANCE HEARD BY THE MAYOR AND CITY COUNCIL.
A request for a variance from any Zoning Ordinance provision that involves more
than 5 lots or more than ten percent 10% of lots in a subdivision, whichever is
greater in accordance with section 22.3.1.
22.8. SECONDARY VARIANCE/INTERPRETATION.
The Board of Zoning Appeals shall consider appeals of variance decisions and
interpretations made by any Department Director or Deputy Department Director
authorized to grant a variance request or interpretation. This type of appeal is
considered a secondary variance.
22.9. CONCURRENT VARIANCES.
The Board of CommissionersMayor and City Council may consider a concurrent
variance from any standards of the Zoning Ordinance or Chapter 14, Article 6,
Section 5 (Stream Buffers) of the Milton Land Development City CodeResolution
which shall be filed simultaneously with rezoning, use permit or zoning modification
requests on the same property based on the conceptual plan submitted with the
petition for the same agenda. The Community Zoning BoardPlanning Commission
shall also hear and make recommendations on concurrent variances filed with
rezonings or use permit applications. The Board of CommissionersMayor and City
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Council shall consider such concurrent variance requests in accordance with the
standards set forth in Section 22.3.1. Public notification shall be in accordance with
Sections 22.13.9 and 28.3
22.9.1 VARIANCE CONSIDERATIONS FOR STREAM BUFFERS. The
following factors will be considered in determining whether to issue a
variance:
A. The shape, size, topography, slope, soils, vegetation and other
physical characteristics of the property;
B. The locations of all streams on the property including along property
boundaries;
C. The location and extent of the proposed buffer or setback intrusion;
and,
D. Whether alternative designs are possible which require less intrusion
or no intrusion;
E. The long term and construction water quality impacts of the proposed
variance;
F. Whether issuance of the variance is at least as protective of natural
resources and the environment.
. (Amended 06/04/03)
22.9.1. LIMITATIONS ON CONCURRENT VARIANCES.
A. The Board of CommissionersMayor and City Council may only consider
variance requests as part of, or in conjunction with, a rezoning, use permit or
modification application.
B. Deleted 11/03/04.
C. If an application for a variance to the Board of Zoning Appeals duplicates a
concurrent variance request denied by the Board of Commissioners, such an
application shall not be accepted by the Director of the Department of
Environment and Community Development prior to the expiration of 6
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months from the date of the Board of Commissioners’Mayor and City
Council’s denial of the concurrent variance request. A variance request to
the Board of Zoning Appeals cannot be considered simultaneously with the
same concurrent variance request pending before the Board of
CommissionersMayor and City Council.
22.9.2. APPLICATION FOR CONCURRENT VARIANCES. Applications for a
concurrent variance shall be submitted to the Director of of the Department of
Environment and Community Development in accordance with the advertised filing
deadlines for the Board of Commissioners meetingsMayor and City Council. A
regular variance fee shall be charged and the application shall comply with all
advertising and notification requirements specified in Article 28, REZONING AND
OTHER AMENDMENT PROCEDURES . One notice sign may serve for both the
rezoning, use permit, zoning modification, and concurrent variance request as long as
the sign is marked to indicate all actions which are pending.
The variance case file number for each concurrent variance requested shall be
included on the rezoning petition.
22.10. MODIFICATIONS. A modification is a request for relief from the conditions of
zoning or use permit when a site development proposal does not comply with
approved conditions. There are two different types of modifications which are listed
below and described in the following sections:
1. Administrative Modification
2. Zoning Modification
22.10.1. APPLICATION FOR MODIFICATION. A request to modify a condition of
zoning or Use Permit may be initiated by the property owner, the Planning
Commission or the Board of Commissioners. Applications shall be submitted to the
Director of the Department of Environment and Community Development in
accordance with the deadline schedule adopted by the Board of
CommissionersMayor and City Council. A modification application shall include a
legal description of the property for which the modification is requested and a written
explanation of the circumstances upon which the requested change of condition is
based including the reason why development or use of the property, as approved,
cannot be accomplished without the modification of a condition. Applicants shall
submit a
revised site plan illustrating the requested modification. The type of modification
necessary is determined by the Director of the Department of Environment and
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Community Development.
22.11. ADMINISTRATIVE MODIFICATION. An Administrative Modification
application may be filed if the Director of Environment and Community
Development determines that the modification request is not prohibited by Section
22.2.4 LIMITATION ON AUTHORITY and, will constitute only a technical change
and does not involve significant public interest, or public interest has been addressed
by letters expressing no objections from property owner(s) with standing and/or
neighborhood associations. The Director shall send the administrative modification
decision to the Board of CommissionersMayor and City Council for confirmation at
the next appropriate regular meeting.
22.11.1. APPEAL OF AN ADMINISTRATIVE MODIFICATION DECISION. If an
applicant wishes to appeal the decision of the Director of the Department of
Environment and Community Development regarding an Administrative
Modification, or if it is determined by the Director that a request will involve a
matter of public interest, the applicant must file a separate application requesting a
Zoning Modification on forms available from the Environment and Community
Development Department.
22.12. ZONING MODIFICATION. A Zoning Modification application shall be filed if
an approved zoning condition cannot be met and it is determined by the Director that
the application involves significant public interest and is in compliance with Section
22.2.4 LIMITATION ON AUTHORITY. The Zoning Modification request shall be
presented to the Board of CommissionersMayor and City Council for consideration
in a public hearing.
22.13. GENERAL PROCEDURES.
This section contains basic steps common to all variances and modifications.
22.13.1. APPLICATIONS. All applications for variances, interpretations and modifications
shall be filed with the Director of the Department of Environment and Community
Development on forms available in the Department. The type of application process
necessary to accomplish the change requested by the applicant shall be the
determined by the Director of E&CD Community Development. The Director shall
transmit the petition and all documents constituting the record to the appropriate
hearing body or individual.
22.13.2. STANDING. Standing refers to a party or parties allowed to initiate a request for
variances or modifications which are limited to the following:
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A. Modification Petition - A request for a modification may be initiated by the
property owner or its agent, the Planning Commission or the Board of
CommissionersMayor and City Council;
B. Variance Petition - A request for a variance may be initiated by the property
owner of subject property or its agent;
C. Secondary Variance Petition - A request for a secondary variance appeal may
be initiated by the property owner of the subject property or its agent, or the
owner of other real property within 300 feet of the boundaries of the subject
property; and
D. Interpretation Petition - A request for an interpretation of a decision of the
Director of the Department of Environment and Community Development
may be requested by any individual.
22.13.3. FILING DEADLINES.
A. Applications for variances, interpretations and modifications shall be
submitted in accordance with the advertised filing deadlines, depending on
the type of petition in accordance with Section 28.2.3 of the Zoning
ResolutionOrdinance.
B. Concurrent Variance applications shall be filed in accordance with the filing
deadline for the parent petition of either a use permit, rezoning, or zoning
modification request in accordance with Section 28.2.3 of the Zoning
ResolutionOrdinance.
C. The Director of the Department of Environment and Community
Development has the discretion to extend the filing deadline by two days for
all applications except Administrative Minor and Minor Variance
Applications. A letter from the applicant explaining the delay in filing shall
be submitted prior to the close of the filing deadline.
22.13.4. WITHDRAWAL OF APPLICATION.
A. An application may be withdrawn by the applicant in writing at any time
before the public hearing notice advertisement is published and /or the notice
of the hearing is posted on the property.
B. Applications which do not require a public hearing may be withdrawn at any
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time before notification of a decision is mailed.
C. Once the public hearing has been properly advertised, the request for
withdrawal of the application must be placed on the public hearing agenda
and the appropriate decision-making body shall act on the withdrawal
request.
22.13.5. FEES. At the time of application, applicants shall pay fees as established by the
Board of CommissionersMayor and City Council. Fees paid are not refundable
except where the Director of the Department of Environment and Community
Development determines that an application was accepted in error, or the fee paid
exceeded the amount due, in which case the amount of the overpayment will be
refunded to the applicant.
22.13.6. LEGAL ACTION STAYED. The filing of an appeal authorized by this Article
shall operate as a stay of any enforcement proceedings by Fulton Countythe City of
Milton until final resolution of the appeal. No Board of CommissionersMayor and
City Council or Board of Zoning Appeals action shall be taken on any property
which is the subject of any litigation pending in state or federal court wherein Fulton
Countythe City of Milton or its agents or officials are parties.
22.13.7. PUBLIC HEARING. A public hearing shall be conducted by the stated hearing
body of each appeal application before taking action thereon except those authorized
to be considered administratively. The schedule of public hearings and deadlines for
the filing of an appeal shall be established by the Board of CommissionersMayor and
City Council.
Public hearings are not required for administrative variances, minor variances,
administrative minor variances and administrative modifications; however,
notification in accordance with Section 22.13.9 B is required.
22.13.8. EVALUATIONS AND REPORTS. The hearing body shall have before it, at the
time of hearing, a report from the Director of the Department of Environment and
Community Development which shall summarize the hardship or justification
reported by the applicant as related to the application and background information
for variances, modifications, and interpretations, and any other information requested
by the hearing body. The hearing body shall, hear, analyze, consider, and make a
written report of its decision in accordance with Section 22.13.12 NOTICE OF
DECISIONS.
22.13.9. PUBLIC NOTIFICATION. (Amended 09/05/01, 10/02/02, 06/04/03, 03/03/04)
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A. For those applications requiring a public hearing (Primary Variances,
Secondary Variances, Concurrent Variances, and Zoning Modifications), the
Director of the the Environment and Community Development Department
shall:
1. Publish notice of the public hearing in a newspaper of general
circulation at least 15 days, but no more than 45 days prior to the
public hearing at which an application will be heard. The published
notice shall contain the time, place and purpose of the hearing and the
location of the property if applicable (secondary variances may not
always be property specific). Renotification is not required when a
petition is deferred by the Board of CommissionersMayor and City
Council or the Board of Zoning Appeals
2. The applicant or agent shall post a sign as issued by the Environment
and Community Development Department in a conspicuous location
on each public street frontage of the subject site, at least 20 days, but
not more than 45 days, prior to the public hearing at which an
application will be heard.
The sign shall be mounted and posted as specified by the
Environment and Community Development Department. Property
that is not posted on the 20th day before the scheduled hearing date
will be administratively removed from the agenda. The sign will
remain posted on-site until final action by the appropriate hearing
body is taken.
When the Board of Zoning Appeals defers a petition, the applicant is
required to post an updated sign with new hearing dates 20 days prior
to the next scheduled hearing date. When the Board of
CommissionersMayor and City Council defers a petition, an updated
sign is not required.
The posted sign shall contain the date, time, place and purpose of the
hearing.
For zoning modifications, all notices shall contain all of the items
listed in the previous sentence, the location of the property, the
zoning and/or use permit case number to be modified and the
condition number(s) to be modified.
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The posting of a sign is not required when a secondary variance is not
requested by the property owner or owner’s representative.
3. Notice of the public hearing shall be postmarked 15 days prior to the
hearing date and shall be given by regular mail to all property owners
within 300 feet of the boundaries of the property who appear on the
current tax records of Fulton County as retrieved by the CountyCity’s
Geographic Information System. Renotification is not required
when a petition is deferred by the Board of CommissionersMayor and
City Council or the Board of Zoning Appeals.
The mailing of public notices is not required when a secondary
variance is sought by other than the property owner.
B. For those applications not requiring a public hearing, notification shall be
provided as follows:
1. Administrative Variance: The owners of property adjacent and
contiguous across the right-of-way of the subject site shall be notified
in accordance with Section 22.13.9(A)(3).
2. Minor Variance: The owners of property adjacent and contiguous
across the right-of-way of the subject site shall be notified in
accordance with Section 22.13.9(A)(3).
3. Administrative Modification: The Director of the Environment and
Community Development Department shall determine what
notification, if any, is reasonable on a case by case basis.
4. Administrative Minor Variance: No written notification.
22.13.10. DECISIONS. The Board of CommissionersMayor and City Council, Board of
Zoning Appeals, and the Director of the Environment and Community Department in
considering applications under this Article shall do one of the following:
A. Approve or partially approve
B. Approve and impose conditions related to the application being considered
(Amended 04/03/02)
C. Deny
D. Hold for further study not less than 30 days
E. Withdraw
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22.13.11. BOARD OF ZONING APPEALS DECISION ON SECONDARY
VARIANCES/INTERPRETATIONS. The Board of Zoning Appeals may take
the following actions pursuant to a secondary variance and/or an interpretation
appeal:
A. Affirm an order, requirement, or decision, wholly or partly.
B. Reverse an order, requirement, or decision, wholly or partly.
C. Clarify. Present an interpretation of the text in the form of a statement of
clarification. Such statement shall not contain substitute language, but shall
rely upon language and definitions contained in the Fulton County Zoning
Resolution, and definitions contained in Merriam-Webster Collegiate
Dictionary, tenth edition.
22.13.12. NOTICE OF DECISIONS. Written notice of all decisions shall be placed in the
official case file and shall be forwarded to the applicant by regular mail within 7
working days from the date of the decision by the following authority:
A. The Director of the Environment and Community Development Department
shall provide written notification of the Board of Zoning Appeals’ decisions;
B. The Director of the Environment and Community Development Department
shall, with respect to minor variances, administrative variances, and
administrative modifications provide written notification of such decisions.
The approval of a building permit shall constitute notice of approval for an
administrative minor variance; and
C. The Clerk to the Board of CommissionersDirector of Community
Development shall, with respect to zoning modifications and concurrent
variances, provide written notification of the Board of
Commissioners’Mayor and City Council’s decisions.
22.13.13. RECONSIDERATION OF DENIED APPLICATION. If a variance or
modification application is denied by an authorized Department Director, Board of
CommissionersMayor and City Council or the Board of Zoning Appeals, an
application for the same variance or modification item shall not be considered until:
A. At least six months has elapsed from the date of the decision; or
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B. New information pertinent to the subject, not previously considered, is
submitted by the petitioner and the 6-month period is waived by the hearing
body.
If an application is denied by the Director of the Environment and
Community Development Department, the applicant may appeal the decision
to the appropriate hearing body depending on the type of petition.
This provision is not intended to supersede provisions of Article 28.2 as related to
decisions regarding rezonings and/or use permits.
22.13.14. TIME LIMITATION ON APPEALS TO SUPERIOR COURT. (Amended
12/1/99) The decision of the Board of Zoning Appeals is a final decision; therefore,
any appeal of such a decision shall be pursued by application for writ of certiorari
filed with the Superior Court of Fulton County within 30 days of the date of the
decision. The applicant’s petition, application for writ of certiorari, the writ of
certiorari and any other initials filings with the Superior Court shall be served upon
the named defendants/respondents in accordance with O.C.G.A. Section 9-11-4.
Upon filing such an appeal, the Clerk of Superior Court shall give immediate notice
thereof to the Director of the Environment and Community Development
Department, and within 30 days from the date of such notice, the Director of
Environment and Community Development shall cause to be filed with the Clerk of
Superior Court a certified copy of the proceedings and the decision of the Board of
Zoning Appeals.
Appeals of decisions (Secondary Variances/Interpretation) of the Director of the
Environment and Community Development Department, or the Director of Public
Works shall be brought within 30 days from the date of the decision.
22.13.15. EXPIRATION OF VARIANCE. If not used, a variance shall be valid only for a
period of 36 months from the date it is granted. Extensions may be sought under the
provisions of Article 28, REZONING AND OTHER AMENDMENT
PROCEDURES, Section 28.6 EXPIRATION AND EXTENSIONS OF ZONINGS.
22.14. BOARD OF ZONING APPEALS.
22.14.1. MEMBERSHIP. The Fulton County City of Milton Board of Zoning Appeals shall
consist of seven members appointed by the Board of Commissioners of Fulton
CountyMayor and City Council. The members shall serve terms concurrent with the
terms of the Fulton County Planning CommissionMayor and City Council. Members
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shall not hold any other public office or position in Fulton Countythe City of Milton.
Annual elections shall be held by the Board of Zoning Appeals to elect one of its
membersmember’s chairperson for a one-year term. The chairperson may serve an
unlimited number of one-year terms.
22.14.2. VACANCIES. Any vacancy in the membership shall be filled for the unexpired
term in the same manner as the initial appointment.
22.14.3. REMOVAL OF MEMBERS. Members may be removed for cause by the Board of
Commissioners of Fulton CountyMayor and City Council upon written charges and
after a public hearing.
22.14.4. PAY. Fees to be paid to the members of the Fulton County Board of Zoning
Appeals for attending official meetings shall be fixed from time to time by the Board
of Commissioners of Fulton County.
22.14.45. SECRETARY. The Director of the Department of Environment and Community
Development shall serve as Secretary to the Board of Zoning Appeals. The
Secretary shall keep minutes of 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 evidence, examinations and official actions, all of which shall be filed and
shall be a public record.
22.14.56. POLICIES AND PROCEDURES. The Fulton County BCity of Milton Board of
Zoning Appeals shall adopt and publish policies, procedures and rules in keeping
with the provisions of this resolutionordinance. Such shall be available in the
Community Development Department.
22.14.67. MEETINGS. Meetings of the Board of Zoning Appeals shall be held at least once
each month to dispose of matters scheduled. Additional meetings may be called by
the chairman. The Board of Zoning Appeals scheduled meetings, places and dates,
and deadlines for the filing of applications shall be approved by the Board of
CommissionersMayor and City Council and published by the Director of the
Environment and Community Development Department.
MILTON ZONING ORDINANCE
22-16
RZ08-09 – September 23, 2008 Planning Commission Meeting