The office of building official is hereby established in accordance with the provisions of this chapter. The duties of the building official shall include inspecting premises, issuing building permits, and certificates of occupancy for uses and buildings, and ensuring that all such buildings and uses are in accordance with the requirements of this chapter.

(Code 1962, § 27-11; Code 1986, § 23-10)

Building permits shall be issued in accordance with the following provisions:

(1)

Required. It shall be unlawful to commence the excavation or filling of any lot for any construction of any building; or to commence construction or moving or alteration of any building, or to commence the development of land for a use not requiring a building until the building official has issued a building permit for such work.

(2)

Issuance. In applying to the building official for a building permit, the applicant shall submit two copies of a dimensional sketch or a to-scale plan signed by the owner or the owner's authorized agent, indicating the shape, size, and location of the lot to be built upon and the shape, size, height, use and location of the buildings to be erected, demolished, altered or moved and of any buildings already on the lot, the number of dwelling units the building is designed to accommodate, if any, the setback lines of buildings on adjoining lots and such other information concerning the lot or adjoining lots as may be essential for determining whether the provisions of this chapter are being observed. If the proposed excavation, filling, construction or movement set forth in said sketch or plan are in conformity with the provisions of this chapter and other information concerning the lot or adjoining lots as may be essential for determining whether the provisions of this chapter are being observed. If the proposed excavation, filling, construction or movement set forth in said sketch or plan are in conformity with the provisions of this chapter and other ordinances of the city then in force, the building official and fire department representative shall sign and return one copy of the sketch plan to the applicant and shall issue a building permit upon payment of any required fee. The building official shall retain one copy of the building permit and one copy of the sketch or plan.

(3)

Refusal. If the sketch or plan submitted describes work which does not conform to the requirements of this chapter, the building official shall not issue a building permit, but shall return one copy of the sketch or plan to the applicant along with a signed refusal in writing. Such refusal shall state the reasons therefor and shall cite the portions of this chapter with which the submitted sketch or plan does not comply. The building official shall retain one copy of the sketch or plan and two copies of the refusal.

(4)

Time limitations. Any building permit issued shall become invalid unless the work authorized by it shall have commenced within six months of its date of issue, or if the work authorized by it is suspended or abandoned for a period of one year.

(Code 1962, § 27-12; Code 1986, § 23-11)

(a)

Notwithstanding any other provision of this Code, no building permit fees, building inspection fees, or fire inspection fees shall be charged to a governmental entity in connection with the construction or renovation of a public-use governmental building located in the incorporated area of the city.

(b)

For purposes of this section, the following terms shall have the following meanings:

Governmental entity means the State of Georgia and its respective departments and agencies, the Board of Regents of the University System of Georgia, the Sumter County Board of Commissioners, the Sumter County School District, any municipality located in Sumter County, any constitutional development authority established for Sumter County, any economic development authority established pursuant to Georgia law and operating wholly or partially in Americus, Sumter County, or in any other municipality within Sumter County, and any hospital authority established pursuant to Georgia law and operating wholly or partially in Americus.

Public-use governmental building means any building, and any and all appurtenances thereto, used or to be used solely by a governmental entity to carry out the lawful purposes of the governmental entity, but the term shall not include a building constructed and used, or to be used, by a private for-profit business or entity.

(c)

Nothing in this section shall be construed to eliminate the requirement that construction or renovation of a public-use governmental building located in the incorporated area of the city by a governmental entity be inspected by the city building inspector and the city fire marshal during such construction or renovation, and at such other times as may be authorized or required by city ordinance; provided, however, that such inspections by the city shall not be required where the city's authority to undertake such inspections has been pre-empted by state law or regulations.

(d)

Nothing in this section shall be construed to allow any such construction without the governmental entity obtaining a building permit from the city.

(Ord. No. O-07-08-25, § 5-1.1, 8-23-2007)

Certificates of occupancy shall be issued by the building official in accordance with the following provisions:

(1)

Required. A certificate of occupancy issued by the building official is required in advance of occupancy or use of:

a.

A building erected after December 17, 1959.

b.

A building altered so as to affect the height or the side, front or rear yard.

c.

A change in type of occupancy or use of any building or premises.

d.

Each nonconforming use created by the passage of subsequent amendments to this chapter.

(2)

Issuance. Upon payment of any required fees, the building official shall sign and issue a certificate of occupancy if the proposed use of land or building as stated on the certificate of occupancy is found to conform to the applicable provisions of this chapter, and if the building, as finally constructed, complies with the sketch or plan submitted for the building permit. One copy of the certificates of occupancy issued shall contain a statement of the intended use of the applicable property signed by the owner or the owner's agent shall be kept on file in the office of the building official. Copies shall be furnished on request to any person having a proprietary or tenancy interest in the building or land involved, at said person's expense.

(3)

Denial. A certificate of occupancy shall not be issued unless the proposed use of a building or land conforms to the applicable provisions of this chapter or unless the building, as finally constructed, complies with the sketch or plan upon which the building permit was issued.

(Code 1962, § 27-13; Code 1986, § 23-12)

It shall be the duty of the building official to keep a record of all building permits and certificates of occupancy issued, with a notation of all special conditions involved. Such official shall file and safely keep copies of all sketches and plans submitted, and the same shall form a part of the records of such official's office and shall be available for the use of the city council, the zoning board of appeals, planning commission, and officials of the city.

(Code 1962, § 27-14; Code 1986, § 23-13)

In order to avoid individual hardship whenever reasonable and not in conflict with the general welfare of the city and, for the purposes herein outlined, the following provisions shall apply to all districts:

(1)

When permitted. Except as herein specified, the lawful use of any building or land existing on December 17, 1959, may be continued although such use does not conform to the provisions of this chapter.

(2)

Unsafe structure. Any structure or portion thereof declared unsafe by a proper authority may be restored to a safe condition.

(3)

Restoration. No nonconforming building or structure, damaged to the extent of more than 75 percent of its assessed value for city tax purposes, shall be repaired or rebuilt except in conformity with the regulations of this chapter.

(4)

Abandonment. Any nonconforming use after discontinuance for a period of one year shall not be reestablished except in conformity with the regulations of this chapter.

(5)

Change to another nonconforming use. No nonconforming use shall be changed to another nonconforming use.

(6)

Changes. A nonconforming use of a building or land, once changed to a conforming use, shall not be permitted to revert to a nonconforming use.

(7)

Enlargement. No nonconforming use shall be enlarged or extended in any way except in conformity with the regulations of this chapter.

(8)

Tenancy, etc., change. There may be a change of tenancy, ownership or management of a nonconforming use or structure, provided there is no change in the nature or the character of the nonconforming use.

(Code 1962, § 27-37; Code 1986, § 23-37)

Prior to any of the uses being permitted in subsection 94-150(4), R-2 residential district), subsection 94-155(25) (C-1 roadside business district), subsection 94-156(67) (C-2 general business district), subsection 94-158(26) (I-N institutional district), or subsection 94-159(22) (I, industrial district), a request for hearing before the planning commission must be made, and the following procedures shall be observed:

(1)

The owner of the real property involved shall submit an application in writing to the community and economic development director of the owner's request for a special exception with a fee established by ordinance. Such application shall include the street address of the real property involved, the lot dimensions, a description of the structures on the real property, fences, the names of the adjacent owners, the present zoning designation of the property involved and of the property adjacent to the property involved, and such other information as the planning commission may require.

(2)

The community and economic development director, upon receipt of an application for a special exception, shall, within three days from receipt of such application, notify the chairman of the planning commission and deliver a copy of such application to said chairman.

(3)

The community and economic development director shall cause to have posted in a conspicuous place on the property in question a two-sided sign of not be less than four square feet in area, which shall contain information as to the proposed request for a special exception and the date, time, and place of the public hearing to be held by the planning commission. The planning commission shall fix a reasonable time for a public hearing on the request for a special exception and shall give at least 15 days public notice of the time and place of said hearing, to be published in the newspaper of general circulation in the city.

(4)

The planning commission at said public hearing shall consider any testimony in favor of or opposed to said request for a special exception and shall either grant or deny said request for a special exception at the conclusion of said public hearing using the following standards:

a.

The proposed use or structure shall be compatible with development and uses existing on adjacent and nearby property.

b.

The proposed use or structure shall not have a substantial adverse impact upon the existing use or usability of adjacent or nearby property.

c.

The proposed use or structure shall not cause an excessive or burdensome use of existing streets, transportation facilities, utilities, schools or other public facilities.

d.

Any other relevant factors, including the conformity of the proposed development with duly adopted land use and other physical development plans or policies for the area may also be considered.

(5)

Said special exception, if granted by the planning commission, shall be granted only for the specific use authorized by the special exception and for no other use. Such special exception for such particular use shall continue to be valid and applicable to the property affected by such special exception, so long as such particular use remains in effect, regardless of whether the owner of the property at the time the special exception was issued sells, transfers, or otherwise conveys such property to a third party. Such sale, transfer, or conveyance shall not be deemed to have terminated the special exception, so long as the use authorized in the special exception remains the same before and after such transfer. A special exception issued under this section shall not be considered a nonconforming use under section 94-31.

(Code 1986, § 23-73; Ord. of 12-22-1986, § 2; Ord. No. O-96-11-50, 11-21-1996; Ord. No. O-00-10-42, 10-19-2000; Ord. No. O-02-07-20, 7-18-2002; Ord. No. O-02-07-21, 7-18-2002; Ord. No. O-04-06-10, 6-24-2004; Ord. No. O-2012-21, 7-19-2012)

(a)

This chapter, including the zoning map, may be amended from time to time, but no amendment shall become effective unless it shall have been proposed by or shall first have been submitted to the planning commission for review and recommendation. A property owner shall not initiate action for a zoning amendment affecting the same parcel more often than once every 12 months. The planning commission shall have 30 days within which to submit its report. If the planning commission fails to submit a report within the 30-day period, it shall be deemed to have approved the proposed amendment.

(b)

Such person as may desire an amendment of this chapter by changing the zoning classification of property from one type of district to another shall:

(1)

File a request in writing with the city's community development department with fee attached in the amount established by ordinance, setting forth in detail the desired amendment and describing by address or location of property to be reclassified, and the name or names of the legal owner or owners thereof.

(2)

Such request shall have attached thereto three plats of survey prepared by a registered or certified engineer or land surveyor setting forth in detail the property described in the request, and showing further the present zoning designation, the requested zoning designation, and the zoning designation of all property abutting the subject property.

(3)

The community development director or designee shall date stamp the request immediately upon receipt and shall direct the property owner to pay the filing fee to the finance director's office. The community development director or designee shall schedule the request for a hearing before the planning commission at the commission's next regular meeting, so long as the next regular meeting of the commission is more than one week from the date of filing. In the event that the rezoning request is filed less than one week prior to the next meeting of the planning commission, the community development director or designee shall be authorized, if said director or designee is unable to complete the necessary preliminary work on the rezoning request prior to the next commission meeting, to schedule the hearing for the next commission meeting after such director or designee anticipates having the preliminary work completed on the rezoning request.

(4)

The recommendation of the planning commission shall be noted in the minutes of the commission meeting, and a copy of the minutes, along with a copy of the plat of survey filed with the rezoning request, shall be filed in the office of the city clerk.

(5)

The community development director or designee shall notify in writing the city council of the action of the planning commission. Such director or designee shall also have the proper notices posted in connection with any public hearing to be held by the city council regarding the rezoning request.

(Code 1962, § 27-5; Code 1986, § 23-4; Ord. No. O-96-11-50, 11-21-1996; Ord. No. O-04-12-33, 12-16-2004)

(a)

Before enacting an amendment to this chapter, the city council shall hold a public hearing thereon. At least 15, but not more than 45 days prior to the date of the hearing, the city council shall cause to be published within a newspaper of general circulation within the territorial boundaries of the local government a notice of the hearing. The notice shall state the time, place and purpose of the hearing. If the hearing concerns a proposed amendment to the official zoning map, then the notice shall also state, the location of the property, the present zoning classification and the proposed zoning classification.

(b)

Whenever a proposed amendment to this chapter involves changing the zoning classification of property from one type of district to another, the building official shall cause to have posted in a conspicuous place on said property one or more signs, each of which shall be a two-sided sign which shall not be less than four square feet in area, and each of which shall contain information regarding the time, place, and purpose of the hearing, the present zoning classification of the property, and the proposed zoning classification of the property. Such signs shall be posted on the property for a period of not less than 15 days prior to the date of the hearing.

(c)

At least 15 days prior to the date of the hearing, the city clerk shall prepare an agenda of the proposed amendments to be considered at public hearings. Copies of the agenda and the planning commission report on each proposed amendment shall be available for public view in the city clerk's office during regular office hours for a period of at least 15 days prior to the date of the hearing.

(d)

The mayor shall conduct the public hearing and shall open the hearing at the time and place specified in the hearing notice. The mayor shall announce the rules of the hearing before proceeding with a hearing upon each proposed amendment. For each proposed amendment, the mayor shall call upon the city manager, or his designee, to present the report of the planning commission. The mayor shall then call for a show of hands of those present wishing to speak in support of the proposed amendment. The mayor shall recognize each such person in turn and ask him or her to rise, state his name and address, and present his statement. The mayor shall then call for a show of hands of those present wishing to speak in opposition to the proposed amendment. The mayor shall recognize each such person in turn and ask him to rise, state his name and address, and present his statement. Those persons wishing to speak in favor of the proposed zoning amendment and those persons wishing to speak in opposition to the proposed zoning amendment shall be allowed at least ten minutes to present such data, evidence and opinion as such respective side deems appropriate; provided, however, that if either or both sides do not desire to use the full minimum time period, then such minimum time period may be waived. The mayor shall be further authorized to grant each side such additional amount of time beyond the minimum time period set out herein, but in all events, both sides shall be given the same amount of time within which to present their side at the hearing. After all persons have been given an opportunity to speak for or against the proposed amendment, the city council shall have the right to discuss the proposed amendment and, upon completion thereof, the hearing shall be closed. Unless the city council shall give unanimous consent, of those present and voting, to render its decision at the conclusion of the public hearing, the proposed amendment shall be tabled for final consideration at the next succeeding meeting of the city council.

(e)

The clerk shall print copies of this section of this chapter and maintain such copies at his office for distribution to the public during regular business hours.

(Code 1986, § 23-5; Ord. No. O-87-11-24, 11-23-1987; Ord. No. O-98-03-11, 3-19-1998; Ord. No. O-02-07-21, 7-18-2002; Ord. No. O-2015-15, 7-23-2015)

(a)

Whenever the planning commission and the city council consider an amendment to this chapter which involves changing the zoning classification of property from one type of district to another, they shall balance the interest of the community in promoting the public health, safety, morality and general welfare against the right of property owners in the use of their property. In making such zoning recommendations and decisions, the planning commission and the city council shall use the following standards, where relevant:

(1)

Whether the proposed amendment would permit a use that is suitable, in view of the use and development of adjacent and nearby property;

(2)

Whether the proposed amendment would likely have an adverse effect upon the existing use, usability or economic value of adjacent or nearby property;

(3)

Whether the property to be affected by the proposed amendment has a reasonable economic use as currently zoned;

(4)

Whether the proposed amendment would likely result in a use which would or could cause an excessive or burdensome use of existing streets, transportation facilities, utilities or schools, or would otherwise have an adverse impact upon public health, safety, morality or general welfare;

(5)

In the event that the city has adopted a land use plan, whether the proposed amendment is in conformity with the policy and intent of the land use plan;

(6)

Whether there are other existing or changing conditions affecting the use and development of the property that gives supporting grounds for either approval or disapproval of the proposed amendment;

(7)

Whether the subject property itself is suitable for the proposed use to which it is intended to be put after being rezoned;

(8)

The length of time that the subject property has been vacant as zoned, considered in the context of land development in the area in the vicinity of the property;

(9)

Whether the property owner presently intends to develop the property in accord with the proposed amended zoning classification within a reasonable time after approval of the proposed amendment.

(b)

The clerk shall print copies of this section of this chapter and maintain such copies at his office for distribution to the public during regular business hours.

(Code 1986, § 23-6; Ord. No. O-87-11-24, 11-23-1987)

Any petition for an amendment to this chapter may be withdrawn at any time at the discretion of the person or agency initiating such a request upon written notice to the community and economic development director.

(Code 1962, § 27-8; Code 1986, § 23-7)

The zoning board of appeals is hereby established. Said board shall consist of five members appointed by the city council for overlapping terms of three years. The initial appointment shall be as follows: two members for one year, two members for two years, and one member for three years; each successive appointment shall be for three years. Any vacancy in the membership shall be filled for the unexpired term in the same manner as the initial appointment. Members shall be removable for cause by the appointing authority upon written charges and after a public hearing. No member shall hold any other public office or position. The board shall adopt rules in accordance with the provisions of this chapter for the conduct of its affairs.

(Code 1962, § 27-54; Code 1986, § 23-60)

(a)

The board shall elect one of its members, other than the member of the planning commission, as chairman, who shall serve for one year or until such person is reelected or a successor is elected. The board shall appoint a secretary who may be a member of the planning commission.

(b)

Meetings of the board shall be held at the call of the chairman and at such other times as the board may determine. The chairman, or in the chairman's absence, the acting chairman, may administer oaths and compel the attendance of witnesses by subpoena. All meetings of the board shall be open to the public.

(c)

The board shall keep minutes of its proceedings, showing the vote of each member upon each question, or if absent or failing to vote, indicating such fact, and shall keep records of its examination and other official actions, all of which shall be immediately filed in the office of the board and shall be a public record.

(Code 1962, § 27-55; Code 1986, § 23-61)

The board shall have the following powers:

(1)

Administrative review. To hear and decide appeals where it is alleged there is error on any order, requirement, decision or determination of the building official in the enforcement of this chapter.

(2)

Special exception. To hear and decide applications for special exceptions as specified in this chapter and for decision on any special questions upon which the board is authorized by this chapter to pass. When acting upon such application for special exception, the board shall give consideration to the following factors, where applicable:

a.

The proposed design and location of the particular development.

b.

The possible traffic-generating characteristics of the proposed development.

c.

The effects the proposed development will have on the present or intended character of the area in which it proposes to locate.

d.

The availability of public utilities, facilities and services.

After such considerations, the board shall take such actions or establish such reasonable conditions, of approval, such as planted screens, as will accomplish the intents and purposes of this chapter.

(3)

Variances. To authorize upon appeal in specific individual cases such variances from terms of this chapter as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of this chapter will, in an individual case, result in unnecessary hardship, so that the spirit of this chapter shall be observed, public safety and welfare secured, and substantial justice done. Such variance may be granted in such individual case of practical difficulty or unnecessary hardship only upon a finding by the board that all of the following conditions exist:

a.

There are extraordinary and exceptional conditions pertaining to the particular piece of property in question because of its size, shape or topography;

b.

The application of the chapter to this particular piece of property would create an unnecessary hardship;

c.

Such conditions are peculiar to the particular piece of property involved;

d.

Relief, if granted, would not cause substantial detriment to the public good or impair the purposes and intent of this chapter;

e.

Denying the variance will deprive the owner of rights commonly enjoyed by other landowners;

f.

Granting the variance will not bestow on the owner rights not generally enjoyed by other similar property owners in that district;

g.

Granting this variance will be in harmony with the overall intent of this chapter, and will not be detrimental to the public interests;

h.

The special circumstances surrounding the request for a variance are not the result of acts by the applicant;

i.

The existence of nonconforming uses in this district or of similar nonconforming uses in other districts will not be considered as a basis on which to grant other variances;

j.

The variance requested is the minimum variance which will permit reasonable use of the land; and

k.

The variance is not a request to permit a use of land, buildings or structures that is not permitted by right or special exception in the district involved.

(4)

Use variance prohibited. No variance may be taken for granted for a use of land or premises.

(Code 1962, § 27-56; Code 1986, § 23-62)

Requests for a variance shall be filed in writing with the community and economic development director. Within ten days after receiving a request for a variance, the community and economic development director shall:

(1)

Send the request, with any comments such as the community and economic development director may deem necessary added thereto, to the secretary of the board;

(2)

Cause to have posted in a conspicuous place on the property one or more signs, each of which shall be a two-sided sign which shall not be less than four square feet in area, and each of which shall contain information to the proposed change and the date and time of the public hearing before the board.

(Code 1962, § 27-57; Code 1986, § 23-63; Ord. No. O-02-07-21, 7-18-2002)

In exercising the powers specified in section 94-88, the board may, in conformity with the provisions of this chapter, reverse or affirm, wholly or in part, or may modify the order, requirements, decisions, or determination of the community and economic development director, and to that end shall have all the powers of the community and economic development director and may issue or direct the issuance of a permit.

(Code 1962, § 27-58; Code 1986, § 23-64)

(a)

Appeals to the board may be taken by any person aggrieved, or by any officer, department, board or bureau of the city, affected by any decision of the community and economic development director or other city official based on this chapter.

(b)

Such appeals shall be taken within a reasonable time, as provided by the rules of the board, by filing with the community and economic development director and any other city official involved, and with the board, a written notice of appeal specifying the grounds thereto. All papers constituting the record upon which the action appealed from was taken shall forthwith be transmitted to the board.

(c)

When an appeal is for a variance or for a grant of special exception, a payment to the city of an amount sufficient to cover any required fees to defray costs of processing and erection of signs for variance must accompany the notice of appeal filed with the community and economic development director.

(Code 1962, § 27-59; Code 1986, § 23-65)

The board shall fix a reasonable time for the hearing of appeals or other matters referred to it, and give at least 15 days' public notice thereof, as well as due notice to the parties in interest, and decide the same within a reasonable time. Upon a hearing, any party may appear in person, or by agent, or by attorney.

(Code 1962, § 27-60; Code 1986, § 23-66)

An appeal stays all legal proceedings in furtherance of the action appealed from, unless the community and economic development director certifies to the board of appeals after the notice of appeal shall have been filed with such community and economic development director that, by reason of facts stated in the certificate, a stay would, in such community and economic development director's opinion, cause imminent peril to life and property. In such case, proceedings shall not be stayed otherwise than by a restraining order which may be granted by the board or by a court of record on notice to the official from whom the appeal is taken and on due cause shown.

(Code 1962, § 27-61; Code 1986, § 23-67)