The Zoning Enforcement Officer shall be the Building Inspector of the City of Buena Vista, Georgia, or any public official of the said City designated by the Mayor and City Council of the said City if there is no Building Inspector whose duties and powers are as follows:

40.1.

The enforcement of the provisions of this ordinance shall be the responsibility of the Zoning Enforcement Officer. The Zoning Enforcement Officer may cause any building, structure, place, or premises to be inspected and examined and to order the remedying of any condition found to exist in violation of any provision of this ordinance. Upon failure of any person, firm or corporation to immediately remedy any such violation, the Zoning Enforcement Officer may initiate proceedings pursuant to article XVIII of this ordinance. In the case of repeated violations of this resolution by any person, firm, or corporation, the Zoning Enforcement Officer may initiate such proceedings without first providing such person, firm or corporation an opportunity to remedy the situation.

40.2.

The Zoning Enforcement Officer shall not have authority to take final action on applications or matters involving variances, nonconforming uses, or other exceptions, which this ordinance has reserved for public hearings before the Commission and the City Council.

40.3.

The Zoning Enforcement Officer shall keep records of all and any permits, certificates of occupancy issued, and all submitted subdivision plats, with notations of all special conditions involved. He shall file and safely keep copies of all sketches and plans submitted, and the same shall form a part of the records of his office and shall be made as a public record.

Permits and certificates shall be issued in accordance with the following provisions:

41.1.

Building permit. The Zoning Enforcement Officer shall issue a building permit, issued under the building code adopted by the City Council, for any permitted use of land or structural alteration provided such proposed use of land or structure, or structural alteration is in conformance with the provisions of this ordinance.

41.1.1.

An application shall be accomplished by two copies of a dimensional sketch or a to-scale plan signed by the owner, or his authorized agent, to include, as a minimum, the following: lot dimensions with property line monuments located thereon; shape, size, height, and location of the buildings proposed to be erected, demolished, altered, or moved, and of any building already on the lot; yard dimensions and the use of structures, including the number of dwelling units within each structure where appropriate; easements (private and public); watercourses; fences; street names and street right-of-way lines; and such other information regarding abutting property as directly affects the application. However, the Building Inspector may waive the requirements of sketches and plans if, in his judgment, it is justified for any reason.

41.1.2.

Each permit shall be conspicuously posted and displayed on the premises described in the permit during the period of construction or reconstruction.

41.1.3.

If the proposed excavation, filling, construction, or movement set forth in said sketch or plan are in conformity with the provisions of this ordinance, and other appropriate codes and ordinances of the City Council then in effect, the Zoning Enforcement Officer shall sign and return one copy of the sketch plan to the applicant and shall issue a building permit. The Zoning Enforcement Officer shall retain one copy of the building permit and one copy of the sketch or plan for his records.

41.1.4.

If the sketch or plan submitted describes work which does not conform to the requirements of this ordinance, the Zoning Enforcement Officer 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 for refusal and shall cite the portions of this ordinance with which the submitted sketch plan does not comply. The Zoning Enforcement Officer shall retain one copy of the sketch plan and two copies of the refusal.

41.1.5.

Any building permit shall automatically expire six months from the date of issuance if the person, firm, or corporation to which the certificate or permit was issued has not clearly demonstrated that the permit is being exercised for the purpose for which it was issued, or if the work so authorized is suspended or discontinued for a period of six months.

41.2.

Certificate of occupancy. Certificates of occupancy shall be issued by the Zoning Enforcement Officer in accordance with the following provisions:

41.2.1.

Certificate of occupancy required. A certificate of occupancy shall be required in advance of occupancy or use of:

(1)

A building hereafter erected;

(2)

A building hereafter altered so as to affect height, or side, front or rear yards;

(3)

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

41.2.2.

Issuance of certificate of occupancy. The Zoning Enforcement Officer shall sign and issue a certificate of occupancy if the proposed use of land or building, as stated on the application for such certificate and signed thereto by the owner or his appointed agent, is found to conform to the applicable provisions of this ordinance and the building, as finally constructed, generally complies with the sketch or plan submitted for the building permit.

41.2.3.

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

42.1.

Membership.

42.1.1.

The Commission shall consist of five members, who shall be residents of the City of Buena Vista, Georgia appointed by the City Council.

42.1.2.

The terms of the members shall be for four years except in the appointment of the first Commission under the terms of this article, three shall be appointed for a term of two years and the remaining two members shall be appointed for a term of four years.

42.1.3.

Any vacancy in membership shall be filled for the unexpired term by the Mayor and City Council member who appointed the vacating member. The Mayor and City Council shall have the authority to remove any member who fails to attend meetings of the Commission, becomes ill or incapacitated to the extent that he or she cannot perform the duties of a member of that Commission or for other good cause.

42.1.4.

All members shall serve without compensation but will be reimbursed for actual expenses incurred in connection with their official duties as is approved by the City Council. No reimbursable expenses will be incurred by the Commission or any member thereof without prior approval of the City Council.

42.2.

Organization, rules, staff, finances.

42.2.1.

The Commission shall elect its chairman from among its members. The term of the chairman shall be one year with eligibility for reelection.

42.2.2.

The Commission shall select a secretary from among its members who shall serve a term of one year with eligibility for reelection.

42.2.3.

The Commission shall determine its time of meeting and adopt policies and procedures which govern its meetings, but such policies and procedures must be approved by the City Council for their implementation. Printed copies of such policies and procedures shall be available to the general public.

42.2.4.

All meetings of the Commission shall be conducted at the City Hall or such other place as is made available to the Commission by the City Council. All meetings of the Commission at which official action is taken shall be open to the public and all records of the Commission shall be a public record.

42.2.5.

The Commission may appoint such employees and staff as it may deem necessary for its work and may contract with state planning agencies and city planners and other consultants for such services as it may require, but only with prior approval of the City Council. Any expenditures for such employees and staff and contracts must also have prior approval of the City Council.

42.2.6.

The Commission shall prepare minutes of all its meetings and shall furnish the City Council with a copy of those minutes each month.

It shall be the function and duty of the Buena Vista Planning and Zoning Commission to make such careful and comprehensive surveys and studies of existing conditions and probable future developments and to prepare such plans for physical, social, and economic growth as will best promote public health, safety, morals, convenience, prosperity, or the general welfare as well as efficiency and economy in the development of its political jurisdiction. In particular, the Commission shall have the power and may do the following:

43.1.

Prepare a master plan or parts thereof for the development of its political jurisdiction.

43.2.

Prepare and recommend for adoption to the Mayor and City Council a zoning ordinance or resolution.

43.3.

Prepare and recommend for adoption to the Mayor and City Council regulations for the subdivision of land within its political jurisdiction, and to administer the regulations that may be adopted.

43.4.

Prepare and recommend for adoption to the Mayor and City Council a plat or plats of an official map showing the exact location of the boundary lines of existing, proposed, extended, widened or narrowed streets, public open spaces or public building sites, together with regulations to control the erection of buildings or other structures within such lines, within its political jurisdiction or a specified portion thereof.

43.5.

To hear and make recommendations to the City Council in regard to appeals where it is alleged there is error in any order, requirement, decision, or determination made by the Zoning Enforcement Officer, or other administrative official, in the enforcement of this ordinance.

43.6.

To make recommendations to the City Council regarding special exceptions as described in section A-172.

43.7.

To make recommendations to the City Council upon appeal in specific cases such variances from the terms of this ordinance as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of this ordinance will in an individual case, result in unnecessary hardship, so that the spirit of this ordinance shall be observed, public safety and welfare secured, and substantial justice done. In determining whether or not a variance should be granted, the Commission shall be guided by the standards set forth in section A-45.

43.8.

The powers of this ordinance shall be limited to the incorporated areas of the City of Buena Vista, GA.

43.9.

The Buena Vista Planning and Zoning Commission may make, publish, and distribute maps, plans and reports and recommendations relating to the plan and development to the City of Buena Vista, GA to public officials and agencies, public utility companies, civic, education, professional and other organizations and citizens. It may recommend to the executive or legislative officials of the City of Buena Vista, GA programs for public improvements and the financing thereof. All public officials may, upon request, furnish, to the Commission, within a reasonable time, such available information, as it requires for its work.

Requests for a hearing before the Commission for a zoning change review or a variance shall observe the following procedures:

44.1.

An application must be submitted in writing to the Zoning Enforcement Officer from whom the appeal is taken and to the Commission a notice of appeal specifying the grounds thereof.

44.2.

An application shall be accompanied by an acceptable site plan with such reasonable information shown thereon as may be required by these zoning laws. Such site plan shall include, as a minimum, the following: lot dimensions and the use of structures; easements (private and public); watercourses, and if existing and proposed; fences; street names and street right-of-way lines; and such other information regarding abutting property as directly affects the application. Any application filed containing the minimum requirements set forth above shall be deemed adequate.

44.3.

The Zoning Enforcement Officer shall cause to have posted in a conspicuous place on the property in question one or more signs, each of which shall not be less than 12 square feet in area, shall contain information as to the proposed change and the date and the time of the public hearing, and the cost of each shall be paid by the applicant prior to the public hearing.

44.4.

The Commission shall fix a reasonable time for the hearing of zoning applications, variances or other matters referred to said Commission, give at least 15 days' public notice thereof, as well as due notice to the parties in interest, and make a recommendation to the City Council to approve or deny the same within 45 days from the date of such public hearing.

44.5.

In exercising the powers granted the Commission in section A-43 of this ordinance, the said Commission may make a recommendation to the City Council, in conformity with the provisions of the ordinance, to reverse or affirm, wholly or in part, or may modify the order, requirements, decisions or determination of the Zoning Enforcement Officer.

44.6.

Action for a hearing before the Commission shall not be initiated on the same parcel of land more often than once every six months without specific approval of the Commission.

44.7.

Any petition for a hearing before the Commission may be withdrawn prior to action thereon by said Commission at the discretion of the person, firm or corporation initiating such a request upon written notice to the secretary of said Commission.

44.8.

The power of the Commission is limited to making a recommendation to the City Council as to what the City Council shall rule.

45.1.

The City Council is hereby authorized to grant variances from the strict application of this resolution upon proof by a preponderance of the evidence that:

45.1.1.

By reason of exceptional narrowness, shallowness, shape, topographical conditions, or other extraordinary situations or conditions peculiar to a specific parcel of property, the strict application of these regulations would result in peculiar or unusual, practical, difficulties to or exceptional or undue hardship upon the owner of such property;

45.1.2.

Such variance is the minimum reasonably necessary to overcome the aforesaid exceptional conditions;

45.1.3.

Such variance can be granted without substantial impairment to the intent, purpose, and integrity of this ordinance and/or the comprehensive plan or other master plan adopted for the property;

45.1.4.

Such variance will not be detrimental to the use and enjoyment of adjoining or neighboring properties.

These provisions, however, shall not permit the City Council to grant any variance to any setback or yard requirements for property zoned for commercial or industrial purposes when such property abuts or immediately adjoins any property zoned for residential purposes, unless such residential property is proposed for commercial or industrial use on the land development plan.

45.2.

Variances cannot be granted for use of land or structures not permitted or prohibited, or to increase the density of development for a tract beyond that permitted by the zoning district.

45.3.

If the hardship invoking the provisions of this section was the result of the applicant's intentional disregard or willful failure to comply with the terms of this ordinance, the City Council may refuse to grant a variance.

45.4.

A variance cannot be granted to cure a violation of the ordinance unless and until the City Council finds as a fact that:

45.4.1.

The violation cannot be reasonably remedied by any other means;

45.4.2.

The act creating the violation was not deliberate, intentional, or the result of gross negligence;

45.4.3.

Such variance can be granted without substantial impairment to the intent and purpose of this ordinance and will not be detrimental to the use and enjoyment of adjoining or neighboring properties; and

45.4.4.

The violator has not previously requested and been granted a variance under the provisions of this subsection, except that this provision shall not apply if the violator can establish that such previous violation was the result of an accident or other excusable causes.