A.

Upon presentation of city identification to the developer, contractor, owner, owner's agent, operator or occupants, city employees authorized by the city manager shall be permitted to enter during all reasonable hours, or outside reasonable hours in the event of any emergency threatening life or property, any public or private property for the purpose of making inspections to determine compliance with the provisions of this zoning ordinance during the open period of any development plan or permit.

B.

Upon presentation of city identification to the developer, contractor, owner, owner's agent, operator or occupants, city employees authorized by the city manager may seek to enter, during all reasonable hours, or outside reasonable hours in the event of any emergency threatening life or property, any public or private property for the purpose of making inspections to determine compliance with the provisions of this zoning ordinance following issuance of a certificate of occupancy. Where consent is not given to entry, such city employees may seek a warrant pursuant to section 21-8.1.2 secure entry to the premises.

C.

If a property or facility has security measures in force, which require proper identification and clearance before entry into its premises, the owner or operator shall make the necessary arrangements to allow access to the city manager.

D.

The owner or operator shall allow the city manager ready access to all parts of the premises for the purposes of inspection, investigation, observation, monitoring, measurement, recording, enforcement, sampling and testing, photography and videotaping for ensuring compliance with the provisions of this zoning ordinance. The owner or operator shall allow the city manager to examine and copy any records that are required under the conditions of any permit granted under this zoning ordinance.

E.

The city manager shall have the right to set up on any premises, property or facility such devices as are necessary to conduct any monitoring and/or sampling procedures.

F.

The city manager may require the owner or operator to install monitoring equipment and perform monitoring as necessary, and make the monitoring data available to the department. The owner shall maintain this sampling and monitoring equipment at all times in a safe and proper operating condition or operator at his/her own expense.

G.

Any temporary or permanent obstruction to safe and easy access to the premises, property or facility to be inspected and/or sampled shall be promptly removed by the owner or operator at the written or oral request of the city manager and shall not be replaced. The costs of clearing such access shall be borne by the owner or operator.

H.

Unreasonable delays in allowing the city manager access to a facility, property or premises shall constitute a violation of this zoning ordinance.

I.

If the city manager has been refused access to any part of a premises, property, or facility and the city manager is able to demonstrate probable cause to believe that there may be a violation of this zoning ordinance, or that there is a need to inspect and/or sample as part of a routine inspection and sampling program designed to verify compliance with this zoning ordinance or any order issued hereunder, or to protect the overall public health, safety, environment and welfare of the community, then the city planning and community development department may seek issuance of an inspection warrant from the municipal court.

J.

The city manager may establish inspection schedules necessary to enforce the provisions of this zoning ordinance.

A.

The department, in addition to other procedures provided, may obtain an inspection warrant for the purpose of inspection or investigation of conditions relating to the enforcement of this zoning ordinance or observation, measurement, sampling or testing with respect to the provisions of this zoning ordinance.

B.

Inspection warrants may be issued by the municipal court when the issuing judge is satisfied that the department has established by oath or affirmation that the property to be inspected is to be inspected as a part of a legally authorized program of inspection that includes the property or that there is probable cause for believing that there is a condition, object, activity, or circumstance which legally justifies such an inspection of the property.

C.

An inspection warrant shall be issued only if it meets the following requirements:

1.

The warrant is attached to the affidavit required to be made in order to obtain the warrant;

2.

The warrant describes, either directly or by reference to the affidavit, the property upon which the inspection is to occur and is sufficiently accurate that the executor of the warrant and the owner or occupant of the property or discharger can reasonably determine from it the property for which the warrant authorizes an inspection;

3.

The warrant indicates the conditions, objects, activities or circumstances which the inspection is intended to check or reveal; and

4.

The warrant refers, in general terms, to the Code provisions sought to be enforced.

A.

If the city manager determines that any violation of this zoning ordinance is taking place, or that a condition of zoning, DCI, variance, or other permit or administrative approvals are not complied with, the city manager shall present to the owner, owner's agent, occupier, or party responsible for such use or activity, a notice of violation and order the use or activity to cease immediately.

B.

The notice shall at least contain the following information:

1.

The name and address of the owner or responsible person;

2.

The address or other description of the site upon which the violation is occurring;

3.

A description of the nature of the violation;

4.

A description of the remedial actions or measures necessary to bring an action or inaction into compliance with a permit, approved plan or this zoning ordinance;

5.

The deadline or completion date of any such remedial actions or measures, to consist of not less than ten (10) days, except that in the event the violation constitutes an immediate danger to public health or public safety, twenty-four (24) hours' notice shall be sufficient; and

6.

A statement of the penalty or penalties that may be assessed against the owner or responsible person to whom the notice of violation is directed.

C.

If the violation has not been corrected within a reasonable length of time provided for in the notice of violation, the owner of the property on which such violation has occurred, or the owner's agent, property occupant, or other party responsible for the violation, shall be issued a citation and be subject to the penalties set forth in this chapter, as may be imposed by the Municipal Court. However, the city manager may, at his/her discretion, extend the time for compliance with a notice of violation for good cause.

The city manager may issue a stop work order, which shall be served on the applicant or other responsible person. The stop work order shall remain in effect until the applicant or other responsible person has taken the remedial measures set forth in the notice of violation or has otherwise cured the violation or violations described therein, provided the stop work order may be withdrawn or modified to enable the applicant or other responsible person to take necessary remedial measures to cure such violation or violations.

In the event the remedial measures described in the notice of violation have not been completed by the date set forth for such completion in the notice of, any one (1) or more of the following actions may be taken against the person to whom the notice of violation was directed. Before taking any of the following actions, the city planning and community development department shall first notify the applicant or other responsible person in writing of its intended action as provided in section 21-7.2.6 - public hearing notices. In the event the applicant or other responsible person fails to cure such violation after such notice and cure period, the city planning and community development department may take any one (1) or more of the following actions or impose any one (1) or more of the penalties provided in section 21-8.2.4 - penalties for violations:

A.

Withhold certificate of occupancy/completion. The city planning and community development department may refuse to issue a certificate of occupancy/completion for the building or other improvements constructed or being constructed on the site until the applicant or other responsible person has taken the remedial measures set forth in the notice of violation or has otherwise cured the violations described therein.

B.

Suspension, revocation or modification of permit. The city planning and community development department may suspend, revoke or modify the permit authorizing the project. A suspended, revoked or modified permit may be reinstated after the applicant or other responsible person has taken the remedial measures set forth in the notice of violation or has otherwise cured the violations described therein, provided such permit may be reinstated (upon such conditions as the city planning and community development department may deem necessary) to enable the applicant or other responsible person to take the necessary remedial measures to cure such violations.

A.

Civil penalties. Where authorized by statute, in the event the applicant or other responsible person fails to take the remedial measures set forth in the notice of violation or otherwise fails to cure the violations described by the specified deadline or completion date, the city may impose a penalty not to exceed one thousand dollars ($1,000.00) (for each day the violation is not remedied after the specified deadline or completion date.

B.

Criminal penalties. The police department or code enforcement officer may issue a citation to the applicant or other responsible person, requiring such person to appear in the municipal court of the city to answer charges for such violation. Upon conviction, a fine not to exceed one thousand dollars ($1,000.00) or imprisonment for sixty (60) days or both shall punish such person. Each act of violation and each day upon which any violation shall occur shall constitute a separate offense.

Within the districts established by the Avondale Estates Zoning Ordinance (zoning ordinance) and in other provisions and amendments thereto, there exist lots, uses of land, structures, and development features that were lawfully established before the zoning ordinance was adopted or amended, but that would be prohibited under the terms of this ordinance or future amendment. They are collectively referred to herein as "nonconforming situations."

A.

Nonconforming structures include nonconforming buildings. An example of a nonconforming structure would be a building that was legally permitted prior to the enactment of this ordinance or prior to annexation that now fails to meet the regulations established in this zoning ordinance.

B.

An example of a nonconforming use of land would be a food processing plant that is located in a CBD district. It was legally permitted in the GC district in 1982; however, the use is not permitted in the current CBD district.

C.

Common examples of nonconforming development features are off-street parking or loading areas that contain fewer spaces (or more, in the case of parking maximums) than required by current regulations and sites that do not comply with current landscaping or screening requirements.

D.

Such nonconforming situations are hereby declared to be incompatible with authorized and permitted uses and regulations within the district(s) involved. It is the intent of the city to require the cessation of certain of these nonconforming situations and to allow others to continue on a limited basis until they are otherwise removed or cease. Furthermore, the city intends that nonconforming situations not be used as grounds for adding other buildings, structures, or uses of land prohibited by this zoning ordinance, and that such nonconforming situations not be enlarged, expanded, moved, or otherwise altered in any manner that increases the degree of nonconformity.

E.

The ability to maintain nonconforming situations pursuant to this division shall only apply to existing features. For any new development features or building additions, the provisions of each applicable section of this Code apply, regardless of whether they are triggered by the thresholds in table 21-8.3.9 - redevelopment improvements. For example, additional parking spaces shall comply with all parking lot landscaping requirements, and a new dumpster shall comply with all dumpster setback and screening requirements, regardless of whether any of the thresholds is exceeded.

Unless otherwise specifically authorized, no nonconforming situation shall be enlarged, expanded, moved or otherwise altered in any manner that increases any aspect of the existing degree of nonconformity.

A.

The burden of proving a nonconformity was lawfully established rests entirely with the subject landowner.

B.

A preponderance of evidence shall be provided by the subject landowner and be sufficient to show that the nonconformity was lawfully established before adoption of the subject regulations. Evidence shall also indicate that the nonconformity has been continuous and that the situation has not lost its nonconforming status. Examples of reliable evidence include: occupational tax certificates; building permits; zoning compliance permits; county billing records; utility billing records; assessment, tax or rent records; and directory listings.

C.

The city manager shall determine whether adequate proof of nonconforming status has been provided by the subject landowner.

A.

An undeveloped lot that has an area, frontage, or other characteristic that does not conform to the requirements of the district in which it is located but was legally subdivided as a lot of record at the time it was permitted may be used for any use allowed in the zoning district in which it is now located; however, any use or structure built on this lot subsequent to the enactment of this zoning ordinance and any further subdivision of this lot or combination of this lot with another lot shall conform to all other standards of this zoning ordinance.

B.

Where land is taken for public purposes from a lot of record that was conforming at the time of such taking but becomes nonconforming due to said taking, the lot remaining shall be construed as a nonconforming lot of record.

A.

A nonconforming use of land may be continued so long as it is and remains otherwise lawful, subject to the following provisions:

1.

No nonconforming use of land shall be enlarged or increased, nor extended to occupy a greater area of land or floor area than was occupied prior to the date of adoption or amendment of the zoning ordinance making such use nonconforming.

2.

Unless otherwise specifically authorized, no nonconforming use of land shall be moved, enlarged, or extended, in whole or in part, onto any portion of the lot or parcel other than that portion occupied by such use prior to the date of adoption or amendment of the zoning ordinance making such use nonconforming.

3.

If any nonconforming use of land is discontinued for any reason for six (6) months, any subsequent use of land shall conform to the regulations specified by this zoning ordinance for the district in which such land is located.

4.

Vacancy or non-use shall constitute discontinuance regardless of the intent of the owner, tenant, or lessee. Such restriction shall not apply for any period of time that such cessation is a direct result of governmental action impeding access to the premises.

A.

A nonconforming structure may be continued so long as it is and remains otherwise lawful subject to the following provisions:

1.

No nonconforming structure may be enlarged or altered in a way which increases any aspect of its existing degree of nonconformity, but any structure or portion thereof may be enlarged or altered if the degree of its nonconformity remains the same or is decreased, provided such structure is used for a permitted use.

2.

Should any nonconforming structure or nonconforming portion of structure be destroyed by any means except through a willful act of the owner or tenant, to an extent of more than fifty (50) percent of its replacement cost at the time of destruction, it shall not be reconstructed except in conformity with the provisions of this zoning ordinance. Should such structure or portion thereof be so destroyed to an extent of fifty (50) percent or less of its replacement cost at the time of destruction, it may be reconstructed, provided said reconstruction does not increase any aspect of the previously existing aspect of nonconformity; said reconstructed structure is used for a permitted use.

3.

A nonconforming structure may be moved on its own lot only if such movement reduces the degree of nonconformity or eliminates such nonconformity.

4.

Where a nonconforming structure is moved off its previous lot, it shall thereafter conform to the regulations for the district in which it is located after it is moved.

5.

In cases where land is taken for public purposes from lots of record that are conforming at the time of such taking in such manner as to reduce setback(s) previously provided in relation to a portion of a structure below setback requirements applicable within the district, the portion of the structure involved shall be construed to be nonconforming.

B.

Unsafe buildings. Nothing in this zoning ordinance shall prevent the maintenance, strengthening, or restoring to a safe condition of any part of any building or structure declared unsafe by the city manager or other proper authority.

A.

Nonconforming development features may remain except as otherwise expressly stated in this zoning ordinance, but the nature and extent of nonconforming site features may not be increased except as otherwise expressly stated in this zoning ordinance.

B.

No change to any nonconforming development feature shall be made which increases the degree of nonconformity with the requirements of the zoning ordinance, but changes may be made which result in the same or a lesser degree of nonconformity. In cases where land is taken for public purposes in such a manner as to reduce existing off-street parking, loading or other development features that is required by the regulations for the current district, the deficiency thus created shall be construed as a nonconforming development feature.

A.

Applicability.

1.

Renovations, alterations, adaptations, additions, restorations, repairs, or other redevelopment of a structure, or portions of a structure or site, that was in existence prior to the adoption of this zoning ordinance, shall be subject to this section.

2.

Redevelopment projects require compliance with standards for new construction in the zoning ordinance when the value of the proposed improvements exceeds the thresholds in table 21-8.3.9 - redevelopment improvements.

3.

Notwithstanding the above applicability, the added cost to construct the improvements shall not exceed one hundred twenty-five (125) percent of the fair market value of the structure immediately prior to such redevelopment or twenty thousand dollars ($20,000.00), whichever is greater. In such cases, the provisions requiring completion shall be applied in the order listed in the table below until the one hundred twenty-five (125) percent cap is met.

B.

Exemptions. This section shall not apply to single-family attached or detached uses or projects developed in accordance with the standards in division 4.2 - adaptive reuse overlay district.

C.

Method of calculating thresholds.

1.

Fair market value of a structure or site shall be determined by the DeKalb County Tax Assessor.

2.

The phrase "construction costs" in this section shall encompass all costs, including phased project costs, for a cumulative period of thirty-six (36) months after the date of the initial redevelopment application.

3.

Construction costs shall be calculated based on uses listed in the ICC Building Valuation Data Construction Cost Table (latest published edition).

A.

Required permits include but are not limited to the following:

1.

Building permit. A building permit, to indicate and ensure compliance with all provisions of this chapter, shall be required for any proposed use of lands or building before any improvements or grading of lands or any alteration or construction of buildings commences.

2.

Land disturbance permit. Before any improvements or grading of the land commences, a land disturbance permit shall be required.

B.

Site plan requirements. All applications for development and building permits shall be made to the city. Site plans shall include all of the following information, unless determined to be unnecessary by the city manager based on the scale and scope of the project:

1.

Name. Name of the proposed development, names, addresses, and phone number of the owners, and the designer of the site plan and his seal.

2.

Date and scale. Date, north arrow, and graphic scale.

3.

Survey boundaries. Surveyed boundaries of the entire tract and their relationship to adjoining properties, public rights-of-way, and easements.

4.

Location map. A general location map, indicating existing zoning on or adjacent to the site, adjoining roads, and the adjacent areas.

5.

Building locations. Location of all proposed buildings, their shape, size, and set back in appropriate scale.

6.

Parking and loading. All required parking and loading facilities for non-residential uses.

7.

Right-of-way. Show the location, with lengths and widths, and the name or purpose of all rights-of-way of streets, roads, alleys, railroads, public crosswalks, and applicable easements.

8.

Buffers. Show the location and design of proposed and required buffers and landscaping.

9.

Environmentally sensitive areas. Show building or development proximity to water supply watershed protection district, wetlands protection district, mountain protection district and the boundary and elevation of the 100-year floodplain as determined by the past history of flooding or the best available data.

10.

Proposed improvements. The names, where appropriate, and locations and dimensions of proposed streets, alleys, sidewalks, easements, buildings, parking and loading, dumpsters, recreation areas and facilities, yards, landscaping, and other open spaces.

11.

Adjacent developments. All other information concerning the lot or adjoining lots as may be essential to determine whether the proposed development meets the provisions of this chapter shall be included in the sketch plan.

12.

Additional information requested by staff to adequately determine if all conditions of the city manager or other approvals have been met.

C.

Duration of plan validity/expiration.

1.

In the event the building or site development plans are denied because revisions are required, the applicant may submit revised plans. If the applicant fails to submit revisions within one hundred eighty (180) days of filing the completed application, the application and site plans shall be deemed withdrawn. If revised plans are not approved within one hundred eighty (180) days of filing the completed application, the plan(s) shall be deemed denied. The plans will not expire within one hundred eighty (180) if the inactivity is a result of a pending review from an external agency outside the city or applicant's control.

2.

In the event that a permit has not been issued for approved plans, building and development plans shall expire within one hundred eighty (180) days of notice of plan approval.

D.

Issuance of permits. If the proposed building or development activity as set forth in the application are in conformity with the provisions of this chapter, then the city manager shall issue a permit upon payment of the required fee. If a permit is denied, the city manager shall state such refusal, in writing, with cause. The city manager shall not issue any permit if the land or building as proposed to be used, constructed, or altered would be in violation to any provisions of this chapter or any codes and laws of the city, state, or federal government, except as provided herein.

E.

Duration of permit validity/expiration.

1.

If the work authorized in any permit has not begun within one hundred eighty (180) days from the date of permit issuance, the permit expires and has no further effect.

2.

If the work described in any permit has not been substantially completed within two (2) years of the date of permit issuance, the permit expires and has no further effect.

F.

Certificate of occupancy required.

1.

A certificate of occupancy/completion issued by the city manager is required in advance of the occupancy or use of:

a.

Any building, structure, land, or premises.

b.

Any building or structure hereafter erected or moved.

c.

Any building hereafter altered, so as to affect the front, side, or rear yards thereof, or its height.

d.

Any building, structure, or premises in which there is a change of occupancy or use.

2.

The city manager shall sign and issue a certificate of occupancy/completion if the proposed use of land or building, as slated on the certificate of occupancy/completion, is found to conform to the applicable provisions of this chapter, and if the building, as finally constructed, complies with the plans submitted for the building and/or development permits.