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Athens City Zoning Code

CHAPTER 23

06. - Administration and Board of Zoning Appeals

23.06.01. - Procedures for administration.

(A)

Enforcement by zoning administrator: There is established the office of zoning administrator and for the purposes of the zoning code the service-safety director of the city is hereby designated as said zoning administrator. It shall be the duty of the zoning administrator or designee to enforce the Athens City Code in accordance with the administrative provisions of the zoning code and the building code. All departments, officials and public employees of the city vested with the duty or authority to issue permits or licenses shall conform to the provisions of the Athens City Code and shall issue no permit or license for any use, building or purpose in conflict with the provisions of the Athens City Code. Any permit or license, issued in conflict with the provisions of the Athens City Code, shall be null and void.

(B)

Violations—Penalties: It shall be unlawful to locate, erect, construct, reconstruct, enlarge, change, maintain or use any building or land in violation of any of the provisions of the zoning code, or any amendment or supplement thereto adopted by city council. Any person, firm or corporation, violating any of the provisions of the zoning code, or any amendment or supplement thereto, shall be deemed guilty of a misdemeanor and upon conviction thereof, shall be fined not more than $500.00. Each and every day during which such illegal location, erection, construction, reconstruction, enlargement, change, maintenance, or use continues, shall be deemed a separate offense.

(C)

Violations—Remedies: In case any building is or is proposed to be located, erected, constructed, reconstructed, enlarged, changes, maintained or used, or any land is or is proposed to be used in violation of the zoning code or any amendment or supplement thereto, the city council, the city law director, the zoning administrator, or any adjacent or neighboring property owner may, in addition to other remedies provided by law, institute appropriate action or proceedings to prevent such unlawful location, erection, construction, reconstruction, alteration, conversion, maintenance or use; to restrain, correct or abate such violation; to prevent the occupancy of said building, structure or land; or to prevent any illegal act, conduct, business or use in or about such premises.

23.06.02. - Certificates and permits.

(A)

Zoning permit: It shall be unlawful for an owner to use or to permit the use of any structure, building or land, or part thereof, hereafter created, erected, changed, converted or enlarged wholly or partly, until a zoning permit has been issued by the zoning administrator. Such zoning certificate shall show that such building or premises or a part thereof, and the proposed use thereof, are in conformity with the provisions of the zoning code. It shall be the duty of the zoning administrator to issue a zoning permit, provided they are satisfied that the structure, building or premises, and the proposed use thereof, and the proposed methods of water supply and disposal of sanitary wastes conform with all applicable requirements of the zoning code.

(B)

Certificate of nonconforming use: The owner of the premises occupied by a lawful nonconforming use or building shall secure a certificate of nonconforming use from the zoning administrator. Such certificate shall be for the purpose of insuring to the owner the right to continue such nonconforming use.

(C)

Filing plans: Every application for a zoning permit shall be accompanied by plans in duplicate, drawn to scale in black line or blue print or in a form acceptable to the zoning administrator, showing the actual shape and dimensions of the lot to be built upon or to be changed in its use, in whole or in part; the exact location, size and height of any building or structures to be erected or altered; in the case of a proposed new building or structure or proposed alteration of an existing building or structure as would substantially alter its appearance, drawings or sketches showing the front, side, and rear elevations of the proposed building or structure, or of the structure as it will appear after the work for which a permit is sought shall have been completed; the existing and intended use of each building or structure or part thereof; the number of families or housekeeping units the building is designed to accommodate; and, when no buildings are involved, the location of the present use and proposed use to be made of the lot; and such other information with regard to the lot and neighboring lots as may be necessary to determine and provide for the enforcement of the zoning code. One copy of such plans shall be returned to the owner when such plans shall have been approved by the zoning administrator, together with such zoning permit as may be granted. All dimensions shown on these plans relating to the location and size of the lot to be built upon shall be based on actual survey. The lot and the location of the building thereon shall be staked out on the ground before construction is started. Permits without the above information shall be considered incomplete.

(D)

Administration schedule: The zoning administrator shall act upon all such applications on which they are authorized to act by the provisions of the zoning code within 30 days after they are filed in full compliance with all the applicable requirements. They shall either issue a zoning permit within the 30 days or shall notify the applicant in writing of their refusal of such certificate and the reasons therefore.

(E)

Fees: For all other zoning permits (including, but not limited to, remodeling and new construction) there shall be a fee as established by ordinance.

(Ord. No. 0-49-09, § I, 5-4-2009; Res. No. R-05-22, 8-1-2022; Ord. No. 0-18-23, § I, 3-6-2023)