§ 22.2. Decision making authority.

The following are the powers and jurisdiction of the various decision makers and administrative bodies.

22.2.1 Board of commissioners (BOC) shall have the following powers and duties under the provisions of this zoning resolution:

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; and

C.

To initiate a modification of approved zoning conditions.

22.2.2 Board of zoning appeals (BZA) shall have the following powers and duties under the provisions of this zoning resolution:

A.

To hear and decide applications for primary variance requests;

B.

To hear and decide appeals from the interpretation of any of the provisions of this resolution by the director of the department of environment and community development in accordance with section 22.2.3.H.;

C.

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 County official in the enforcement of this zoning resolution; and

D.

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 environment and community development (E&CD), shall have the following jurisdiction, power and duties under the provisions of this zoning resolution:

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 one 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 resolution 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 resolution.

D.

There shall be no modification to increase the density or change the use 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.