§ 28.2. Land use petitions.

Land use petitions may be initiated by the property owner or the Board of Commissioners on forms available from the department.

No final action shall be taken on a land use petition affecting the same parcel more often than once every 12 months when the petition is initiated by the property owner.

At any time, the Board of Commissioners may initiate a land use petition on property which was previously rezoned. However, a six-month waiting period from the date of final Board action is required when a rezoning and/or use permit request was previously denied.

If a petition was previously denied, the owner must demonstrate that the proposed land use petition is significantly different from the previous denial to the satisfaction of the Board of Commissioners before it can be considered for a reinitiation. A significant difference includes, but is not limited to a change in zoning district, use, density, height, buffers or other methods of screening, or other items which were discussed at a public hearing.

Appeals to Superior Court. Any appeal of, or other legal challenge to, a Board of Commissioners' final decision regarding a use permit petition shall be pursued by petition for writ of certiorari filed with the Superior Court of Fulton County within 30 days of the date of the Board of Commissioners' decision. The applicant's petition and all other initial filings with the Superior Court shall be served upon the named defendants/respondents in accordance with O.C.G.A. § 9-11-4.

Upon filing such appeal, the Clerk of Superior Court shall give immediate notice thereof to the director, and within 30 days from the date of such notice, the director shall cause to be filed with the Clerk of Superior Court a certified copy of the proceedings before the board and the decision of the board.

Legal Action Stayed. The filing of a land use petition authorized by this article shall operate as a stay of any enforcement proceedings by Fulton County until final resolution of the petition. No board of commissioners 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 County or its agents or officials are parties.

28.2.1. Filing deadlines. A complete land use petition shall be submitted in accordance with the advertised filing deadlines. The director may extend the filing deadline by two days with a letter of explanation from the applicant justifying the delay of submittal. An incomplete petition will not be accepted.

28.2.2. Withdrawal prior to advertising. If a land use petition has not been advertised for public hearing, a written request for withdrawal with the reason for the request shall be made to and accepted by the director. No refunds of petition fees will be made.

28.2.3. Withdrawal after advertising. After a land use petition has been advertised for public hearing, it may only be withdrawn by the Board of Commissioners at the public hearing. A withdrawal shall not be deemed final action and shall not bar submission of a new petition. A written request for withdrawal with the reason for the request shall be made to the director.

28.2.4. Petition requirements. All petitions shall include the following with the required number of copies of each as prescribed by the director:

(1)

Pre-application review form;

(2)

Signed and notarized petition with original signatures;

(3)

Legal description;

(4)

Letter of intent;

(5)

Site plan which meets the requirements specified in Article 28.5.2;

(6)

Site plan checklist which indicates compliance with site plan requirements specified in Article 28.5.2;

(7)

Environmental site analysis;

(8)

8½" x 11" transparency of site plan;

(9)

Impact analysis for rezoning petitions;

(10)

Disclosure form;

(11)

Public participation plan;

(12)

Public participation report (due no later than seven business days before the Board of Commissioners meeting);

(13)

Traffic study, if applicable;

(14)

Metropolitan River Protection Act pre-review letter, if applicable;

(15)

MARTA Corridor plan review form, if applicable;

(16)

Development of regional impact review form, if applicable;

(17)

Environmental impact report, if applicable;

(18)

Noise study report, if applicable;

(19)

Other documents as identified in the pre-application review; and

(20)

Non-refundable filing fee.

(21)

Copy of deed(s) (Added 04/05/06)

(Amd. No. 09-0185, 2-4-09)