Zoning Overview
Learn more about the Zoning Department and what we do with the links below:
- What is zoning ?
- What is the difference between planning and zoning ?
- History of zoning
- Purpose and intent of zoning
- Regulation development through adopted ordinances
- Boards served
- Property Parcel Identification
- Zoning Districts and Development Regulations
- Basic zoning applications
- Fayette County Zoning Department
- Administrative Zoning - no hearing required
- Public Hearings
Basic Zoning Applications
Rezoning
Every piece of property in unincorporated Fayette County is legally zoned, as a result of a comprehensive zoning of the county in 1980. To change the zoning and use of private property a rezoning is necessary. Rezoning is the process by which a property owner petitions a local government to change the zoning and the use of a particular piece of property. In Fayette County this procedure involves public hearings before the Planning Commission and the Board of Commissioners.
The rezoning packet, consisting of an application for rezoning and information on application requirements, is available at the Zoning Department. The completed application, fees, and other documentation are required to be submitted to the Zoning Department by the first of the month by noon in order to be scheduled the following month for the Planning Commission public hearing on the first Thursday and the Board of Commissioners public hearing on the fourth Thursday.
After the application has been accepted by the Zoning Department, it is distributed for comment to the various county departments and surrounding communities as applicable. The Zoning Administrator prepares a staff report and makes a recommendation of approval or denial of the rezoning request based on comments received and established county policies. The public hearing before the Fayette County Planning Commission is held and the Planning Commission votes, based on information from the applicant, public input, and staff recommendation. The Planning Commission vote is a recommendation to the Board of Commissioners. A final decision on the request is generally made at a second public hearing before the Fayette County Board of Commissioners. Their decision is based on information provided by the applicant, public input, and the recommendations of the Planning Commission and the Zoning Department.
By ordinance, each rezoning request is evaluated by the following standards:
- whether the zoning proposal is in conformity with the Land Use Plan and policies contained therein;
- whether the zoning proposal will adversely affect the existing use or usability of adjacent or nearby property;
- whether the zoning proposal will result in a use which will or could cause an excessive or burdensome use of existing or planned streets, utilities, or schools;
- whether there are other existing or changing conditions affecting the use and development of the property which give supporting grounds for either approval if disapproval of the zoning proposal.
Depending on the outcome of the request and the specific zoning and use, further county regulations come into effect. Generally, residential requests for subdivisions require preliminary and final plats and nonresidential requests require site plan approval. A petition that is denied must wait six months before the request to rezone can be brought back before the Board of Commissioners.
Variance
The Zoning Board of Appeals at a public hearing may authorize, upon appeal in specific cases, a relaxation of the terms of the zoning regulations, commonly known as a variance. A variance may be granted in an individual case upon a finding by the Board that all of the following exist:
- There are extraordinary and exceptional conditions pertaining to the particular piece of property in question because of its size, shape or topography; and
- The application of the regulation to this particular piece of property would create a practical difficulty or unnecessary hardship; and
- Such conditions are peculiar to the particular piece of property involved; and
- Relief, if granted, would not cause substantial detriment to the public good or impair the purposes and intent of the regulations; provided, however, no variance may be granted for a use of land, building, or structure that is prohibited in the zoning district at issue; and
- A literal interpretation of the ordinance would deprive the applicant of any rights that others in the same zoning district are allowed; and
- Provided that the Board may impose or require such additional restrictions and standards as may be necessary to protect the health and safety of workers and residents in the community, and to protect the value and use of property in the general neighborhoods; and provided that wherever the Board shall find, in the case of any permit granted pursuant to the provisions of the regulations, that any of the terms, conditions or restrictions upon which such permit was granted are not being complied with, said Board shall rescind and revoke such permit after giving due notice to all parties concerned and granting full opportunity for a hearing. In exercising the above powers, the Board shall not consider any nonconforming use of neighboring lands, structures or buildings in the same zoning district, and no permitted use of lands, structures, or buildings in other zoning districts as grounds for the issuance of a variance.
Application requests for variances are submitted to the Zoning Department with the required supporting documentation and fee prior to an established deadline and are scheduled for a public hearing before the Zoning Board of Appeals approximately five (5) weeks later.
The Zoning Board of Appeals also hears requests to appeal administrative interpretations of the Zoning Administrator, requests for change of a nonconforming use of a structure, and requests for the extension or enlargement of a nonconforming structure.
Preliminary Plat
A preliminary plat is the proposed layout of a subdivision of property and is required for a subdivision where a new county street or streets will be developed. The purpose of the preliminary plat is to provide the developer with preliminary approval of the subdivision development concept. The preliminary approval of the concept will guide the phasing and final platting of the subdivision. The preliminary plat must be prepared by and signed and sealed by a registered engineer, surveyor, or architect who is licensed under the laws of the State of Georgia, and comply with the applicable requirements of the Subdivision Regulations, Development Regulations, and Zoning Ordinance.
Application for preliminary plat is made through the Fayette County Zoning Department by the first of each month to be scheduled for the next month's Planning Commission public hearing. The Zoning Department coordinates the review, comments, and required revisions of the preliminary plat by the various county departments and makes a recommendation to the Planning Commission. Once the technical review of the preliminary plat is approved by the Planning Commission, the preliminary plat remains valid for a period not to exceed 18 months. At some time within the 18 month period, the developer is required to obtain final plat approval or the preliminary plat approval expires.
Final Plat
A final plat is a survey which indicates the exact dimensions, area and location of a piece of property. In unincorporated Fayette County, a final plat is required for the creation any lot which is less than five (5) acres in size. In terms of a subdivision with a new street, the final plat is submitted after the approval of the preliminary plat and the installation of improvements such as streets and utilities. A final plat in most cases is required before a building permit is issued.
Applications for final plats are made through the Fayette County Zoning Department and receive administrative staff review by the following departments: Zoning, Engineering, Environmental Health, and Fire. Once the final plat is approved and signed by the appropriate county officials and the review fee is paid, the final plat can be recorded at the office of the Clerk of Superior Court. As the final step, the applicant is required to submit 25 blueline copies of the approved and recorded final plat to the Zoning Department, which distributes the copies to several county departments. None of the subdivided lots can be sold by the property owner until the final plat process is completed.
Site Plan
All development in Fayette County, with the exception of single family residential, is required to have a site plan administratively approved prior to the issuance of a building permit. Proposed construction for Permitted Uses and Conditional Uses require a site plan review for compliance with development regulations adopted by the Board of Commissioners. The Zoning Department coordinates the plan review by the following county departments: Zoning, Engineering, Environmental Health, Fire, Water, as well as the Georgia Department of Transportation (DOT) when the property abuts a state road.
The site plan must comply with all the requirements as stipulated in the Development Regulations. Once the site plan is approved by all reviewing agencies, the Zoning Administrator will officially approve the site plan and issue a Zoning Compliance form which is required to obtain a building permit, and the County Engineer will issue a land disturbance permit for clearing and grading based on their approval of the submitted tree retention, protection, and replacement plan. An application for a building permit and construction drawings may be submitted to the Building Department for review concurrent with the site plan review process.
Landscape Plan
The landscape plan provides buffers between incompatible uses, and also enhances areas along rights of ways, and around parking areas and buildings. All development in Fayette County, with the exception of single family residential, is required to have a landscape plan approved by the Zoning Administrator. The landscape plan must comply with all the requirements as stipulated in the Development Regulations and can be submitted to the Zoning Department at the time of the site plan review or prior to the final inspection of construction.
Inspections
Prior to pouring of the building foundation the Zoning Department performs a batterboard inspection for each nonresidential building site which involves new construction. The purpose of the batterboard inspection is to ensure that the placement of the building on the lot complies with the approved site plan and the building complies with the minimum setbacks required. If the site requires buffers the width of each required buffer is measured to ensure compliance with the approved site plan.
After construction the Zoning Department performs a final inspection of each nonresidential construction site. The purpose of the final inspection is to: (1) ensure that the completed development complies with the approved site plan and landscape plan and all conditions of approval, and (2) to ensure the installation of all required parking lot improvements is complete.
The final inspection also ensures that all landscaping is planted consistent with the number of plants and required height of trees and shrubs as indicated on the approved landscape plan. If weather does not permit planting the completion of the landscaping can occur up to six months later if the developer posts a bond/letter of credit with the County for the cost of the landscaping, as calculated by the Zoning Department.