The purpose of this article is to provide for administration and enforcement procedures of this ordinance, including public hearings, forms of petitions, applications and appeals, interpretation, severability, effective date, and remedies and penalties for violation.

(Ord. of 3-12-2019)

The Butler City Clerk or the Clerk's designee shall fill the position of Zoning Administrator.

(Ord. of 3-12-2019)

Policies and Procedures are herein established to provide guidelines for the following zoning activities.

A.

Adoption of a new City Zoning Ordinance.

B.

Adoption of an amendment which changes the text of the ordinance (Text Amendment).

C.

Adoption of an amendment which rezones property from one zoning classification to another (Map Amendment).

D.

Procedural requirements for amendments sponsored by the Butler City Council.

E.

Procedural requirements for amendments sponsored by a property owner or agent.

(Ord. of 3-12-2019)

To determine whether a structure or use existing or proposed for any property located within the City of Butler is or may be used or developed in compliance with this Ordinance, the owner of the property or his agent may request a Certificate of Zoning Compliance from the Zoning Administrator.

A.

Such request shall be in writing and on such forms as may be developed for such purpose, which shall be in writing and on such forms as may be developed for such purpose, which shall minimally meet these following standards:

1.

Identification of the owner of the subject property;

2.

Identification of any agent of the owner of the subject property;

3.

A legal description of the subject property;

4.

A complete description and inventory of all existing structures on the subject property;

5.

A complete description and inventory of all proposed structures to be located on the subject property under this Ordinance and for which the Certificate of Zoning Compliance is being requested;

6.

A complete description and inventory of any and all activities presently occurring; and

7.

A complete description and inventory of any and all activities proposed to occur on the subject property and for which the Certificate of Zoning Compliance is being requested.

B.

The Zoning Administrator or his designee shall respond in writing within ten (10) business days of receipt of a request for a Certificate of Zoning Compliance.

C.

The issuance of the Certificate of Zoning Compliance shall be confirmation that the structures and/or uses located on or proposed for the subject property have been determined to be in compliance with the Zoning Ordinance and may be legally conducted thereon as of the date of issuance of the Certificate.

D.

In absence of a Certificate of Zoning Compliance, no representation by any official or employee of the City of Butler shall in anyway legally bind the City of Butler or in any way constitute any determination that the structures and/or uses located on or proposed for the subject property are in compliance with the Zoning Ordinance or any appendix thereto nor shall any owner of property within the City of Butler or his agent, successor or assign, claim any vested right to maintain or construct any structure and/or conduct any use located on or proposed for the subject property.

E.

Any Certificate of Zoning Compliance issued hereunder shall be valid for a period of thirty (30) days within which period the applicant must make further application to commence or conduct the uses requested within the application for a Certificate of Zoning Compliance or construct any structure(s) identified in the application for a Certificate of Zoning Compliance.

(Ord. of 3-12-2019; Ord. of 6-13-2023(1))

Any person or persons severally or jointly aggrieved by any decision for zoning, rezoning, special use, or variance may appeal such decision in accordance with law to a court of competent jurisdiction.

(Ord. of 3-12-2019; Ord. of 6-13-2023(1))

No building permit or certificate of occupancy shall be issued for a building, structure, or use, nor shall any excavation, grading, or land disturbance application be approved for any use that has not been approved in accordance with the provisions of this Ordinance. The Zoning Administrator shall authorize the issuance of building permits for buildings and structures if they are in conformity with the pertinent Articles of this Ordinance after improvements are installed in accordance with all applicable improvement requirements, and if found to be in conformance with all other applicable regulations.

The Zoning Administrator shall authorize the issuance of a certificate of occupancy for any completed building, structure, or use if it conforms to the requirements of all applicable Articles of this Ordinance and other applicable regulations.

After completion of construction, modification, or alteration of any building, structure, or use necessitating a building permit and/or certificate of occupancy, the area covered by such permit or certificate shall continue to be regulated by Articles of this Ordinance and applicable regulations for continued use thereunder.

(Ord. of 3-12-2019)

Fees for various actions allowed or required in this Ordinance shall be established by a fee schedule adopted by the Mayor and Council of the City of Butler from time to time.

(Ord. of 3-12-2019)

Any person who violates any provision of this Ordinance or any Amendment to this Ordinance, or who fails to perform any act required hereunder or commits any prohibited act shall be guilty of a misdemeanor and punishable by a fine as allowed by the Charter of the City of Butler for each offense. Each and every day for which any violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such hereunder.

(Ord. of 3-12-2019)

If any building or land is used or maintained in violation of this Ordinance, anyone, including the City of Butler, who would be harmed by such a violation may initiate legal proceedings to obtain an injunction or other appropriate remedy to stop the violation or to prevent any act which would constitute such a violation. Other legal remedies are also available as provided by Georgia law.

(Ord. of 3-12-2019)

All zoning ordinances heretofore enacted by the Mayor and Council of the City of Butler are hereby repealed.

(Ord. of 3-12-2019)

Whenever the regulations of this ordinance impose more restrictive standards than are required in any other statute, the requirements of this ordinance shall govern. Whenever the provisions of any other statute require more restrictive standards than are required by this ordinance, the provisions of such statute shall govern.

(Ord. of 3-12-2019)

Should any part of this ordinance be declared by the courts to be unconstitutional or invalid, such declaration shall not affect the validity of the ordinance as a whole or any part thereof other than the specific part so declared to be unconstitutional or invalid.

(Ord. of 3-12-2019)

It is hereby ordained by the authority of the Mayor and City Council of the City of Butler that the preceding articles and sections, which collectively constitute the City of Butler Zoning Ordinance, are hereby adopted.

This Ordinance shall take effect and be in force from and after the adoption and enactment of this Ordinance, the public health and welfare demanding it.

(Ord. of 3-12-2019)