§ 19.2. Application and approval.

Uses allowable with an "administrative permit" and the minimum standards for such uses are listed in section 19.3 of this article.

Uses allowable with a "use permit" and the minimum standards for such uses are listed in section 19.4 of this article.

19.2.1 Application of regulations. (Amended 7/7/99) Uses enumerated herein may be authorized by administrative permit or use permit, as specified. The regulations contained in this article shall not apply to any permitted use in any zoning district.

19.2.2 Administrative permits. (Amended 7/7/99) Any use authorized by administrative permit shall be approved and permitted by the Director of the Environment and Community Development Department whenever the proposed use complies fully with the requirements of the subject property's zoning district and standards as set forth in section 19.3. Each requested use for which an administrative permit is required shall be assigned an administrative permit number and charged a fee. Said permit shall be posted on site prior to commencement of use. Variances to administrative permit standards may be requested by petition to the Board of Zoning Appeals. In certain cases, conditions are imposed by the Director of the Public Works Department with respect to roadway, water, sewer and/or other infrastructure improvements, and rights-of-way dedications which must be met.

19.2.3 Use permits. Any use authorized by use permit may be approved by the Board of Commissioners in accordance with standards enumerated under each use (section 19.2.4) provided: (Amended 11/3/93, 4/5/95, 7/7/99)

A.

The subject use is allowable in the subject property's zoning district,

B.

The standards for the use permit as specified in article 19 can be met, as well as use permit considerations pursuant to section 19.2.4, (Amended 04/05/95)

C.

A public hearing has been held in relation to the use permit before the Fulton County Planning Commission and the Fulton County Board of Commissioners in conformance with notice standards outlined in article XXVIII,

D.

Recommendations have been received from the Fulton County Environment and Community Development Department staff and the Fulton County Planning Commission, and

E.

Conditions imposed with respect to right-of-way dedication and roadway, water, sewer and/or other infrastructure improvements are met.

1.

Applications. Use permit requests shall require a separate application when included with a petition for rezoning. Each requested use for which a use permit is required shall be charged a standard use permit fee and assigned a use permit number which will be listed on the petition for rezoning. A public hearing, notice and evaluation shall be provided in accordance with article XXVIII for each requested use permit. Each request shall be voted on separately, and each use permit request submitted as part of a rezoning petition shall be treated independently in the minutes of the Board of Commissioners meeting.

2.

Expiration. All use permits shall expire within three years from the date of approval by the Board of Commissioners or as otherwise conditioned unless a land disturbance permit, building permit, business license or certificate of occupancy has been issued. Requests for extensions shall be made in accordance with the standards for extensions contained in article XXVIII. (Amended 6/5/91)

3.

Re-application. The same or substantially similar petition for a use permit which has been denied by the Board of Commissioners shall not be resubmitted to the Environment and Community Development Department for a period of six months from the date of the denial.

4.

Variances. Variances to use permit standards contained in section 19.4 for receiving a use permit may be considered by the board of commissioners concurrently with a use permit petition if submitted with such petition. Such a variance request shall not require a separate variance application, but shall be assigned a variance number, charged a standard variance fee and be listed on the use permit petition as a concurrent variance in accordance with article XXII, Appeals, section 22.9.

F.

Accessory uses. Structures and land may be used for uses customarily incidental to any approved use. (Added 4/3/02)

19.2.4 Use permit considerations. In the interest of the public health, safety and welfare, the board of commissioners may exercise limited discretion in evaluating the site proposed for a use which requires a use permit. In exercising such discretion pertaining to the subject use, the board of commissioners shall consider each of the following: (Amended 12/04/91, 04/05/95, 02/07/96, 07/07/99)

(1)

Whether the proposed use is consistent with the comprehensive land use plan and/or revitalization plans adopted by the board of commissioners;

(2)

Compatibility with land uses and zoning districts in the vicinity of the property for which the use permit is proposed;

(3)

Whether the proposed use may violate local, state and/or federal statutes, ordinances or regulations governing land development;

(4)

The effect of the proposed use on traffic flow, vehicular and pedestrian, along adjoining streets;

(5)

The location and number of off-street parking spaces;

(6)

The amount and location of open space;

(7)

Protective screening;

(8)

Hours and manner of operation;

(9)

Outdoor lighting; and

(10)

Ingress and egress to the property.

In granting such permits, conditions may be attached as are deemed necessary in the particular case for the protection or benefit of neighbors to ameliorate the effects of the proposed development/use.

19.2.4.5 Additional restrictions. Any use authorized by administrative permit or use permit shall comply with all other county regulations, zoning district regulations, conditions of zoning approval and other regulations contained herein. All buffers required shall have a ten-foot improvement setback in accordance with section 4.2.3. The reduction of said setback shall be subject to the approval of the department of environment and community development in accordance with article 22. Whenever a standard contained in this section is in conflict with another provision of this resolution, the more restrictive provision shall prevail.

Unless otherwise specified, standards, conditions and stipulations attached to a use permit by the board of commissioners shall supersede conflicting zoning conditions approved on the same site.

(Amended 7/7/99)