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Council debates zoning and permitting fee schedule; backyard-chicken fee and transition from Cobb County draw scrutiny
Summary
During a first read on Feb. 12, Mableton City Council members questioned a $100 backyard-chicken permit in a proposed zoning and permitting fee schedule, asked staff to confirm whether the draft mirrored Cobb County’s fees, and were told staff will propose a temporary moratorium on new applications to bridge the county-to-city transition.
At its Feb. 12 meeting the Mableton City Council held a detailed first-read discussion of a proposed ordinance that would set the city’s zoning and permitting fee schedule. Council members focused on a $100 permit listed for backyard chickens, the sequence of county-to-city zoning responsibilities, and the need to confirm whether the draft fees mirror Cobb County’s prior fee structure.
Councilmember T.J. Ferguson asked that the $100 backyard-chicken permit be removed from the fee schedule, calling the amount “dumb” and noting that Cobb County does not assess that fee. Several council members said they had not had sufficient time to review recent updates to the agenda packet and asked staff and the attorney to confirm the source of each fee. The city attorney said the packet included supplemental information provided by staff (Rob) and that staff’s stated intent was to mirror the county’s schedule.
The city attorney reviewed relevant county regulations on backyard chickens in the meeting record: under the county code a permit is required for properties under two acres, only hens are allowed, owners must maintain fenced coops behind the house, there is a suggested ratio (one chicken per 5,000 square feet for lots under two acres), on-site slaughter is prohibited, and the Community Development Director would develop the application form. The attorney summarized the county approach and explained how the fee would operate in practice: “So you pay that $100 fee to get this approval, and then once you have the approval, you don't have to renew this every year.”
Council members requested a comparative analysis of fees in comparable Georgia cities and asked staff to confirm whether the draft schedule accurately reflects county amounts. The attorney and staff committed to: (a) confirm whether the amounts came directly from Cobb County schedules; (b) provide copies of the county documents used as the basis for the proposed fees; and (c) research whether the backyard-chicken permit should be annual, one-time or removed.
Because Cobb County stopped accepting certain zoning applications in January during the transition, staff also told the council they will present a temporary moratorium at the Feb. 26 meeting to pause acceptance of new zoning applications and permit filings until the city adopts the fee schedule. The attorney said the moratorium would prevent the city from having to convene a special meeting to meet publication requirements and the Zoning Procedures Act deadlines; staff proposed a second read and public hearing timeline that would culminate in final adoption on March 12, with a public hearing on March 10 if the schedule proceeds as planned.
Councilmembers agreed to review the packet and submit suggested changes before the next readings. No final adoption occurred on Feb. 12; the item remained a first read with staff follow-up directed by the attorney and community-development staff.
