§ 33.9. Application rejection.

A.

Incomplete application; false information. The director shall reject any application that is incomplete or inaccurate, that contains false material statements or omissions, or that is for a sign which would violate any standard within this article within 45 business days of receipt of said application. The director may reject at anytime prior to the expiration of the 45-day period, if the application is incomplete, inaccurate or contains false material statements or omissions, by returning the application to the applicant.

B.

Processing time; denial. The county shall process all complete and accurate sign permit applications within 60 business days of the department's actual receipt of a complete and accurate application and upon remittance of the appropriate sign permit fee. The director shall give notice to the applicant of his/her decision by hand delivery, electronic communication (email), or by mailing such notice by certified mail, return receipt requested, to the address on the permit application on or before the 60th business day. If the decision of the director is to deny the application, the decision shall state the grounds upon which the denial is based. Failure of the county to act within the 60-day period shall be deemed an approval of the permit. If notice is mailed in conformity with this section, notice shall be deemed to have been given upon the date of mailing. Any application meeting the standards of this article shall be granted. Any application not meeting the standards of this article shall be denied.

C.

Appealable. A rejection or denial pursuant to this section shall be appealable pursuant to the procedures for zoning appeals as outlined in the Fulton County Zoning Resolution. However, notwithstanding the foregoing, a final decision will be rendered within 90 days from date an appeal is filed. If a final decision is not rendered within the 90-day period, the decision sought to be appealed shall be affirmed.

D.

Resubmission. A rejected application later resubmitted in conformity with this article shall be deemed to have been submitted on the date of resubmission, instead of the original submission date. An application which is resubmitted shall meet all the standards for an original application.

(Res. No. 08-0238, 5-7-08)