It is the intent of this article to establish minimum procedures governing the exercise of zoning power. The purpose of these minimum procedures is to assure that due process is afforded to the general public when the city regulates the use of property through the exercise of zoning power. Nothing in this article shall be construed to invalidate any zoning or rezoning decision made by the city prior to January 1, 1986.

(Ord. No. 20-2008, 12-8-08)

It shall be the duty of the building inspector and he shall have empowered to:

(1)

Require that the application for a building permit and the accompanying plot plan contain all the information necessary to enable him to ascertain whether the proposed building complies with provisions of this chapter.

(2)

Keep a permanent record of all plans and applications for permits, and all permits issued with notations as to special conditions attached thereto. All records should be open for public inspection and shall be the property of the city.

(3)

Require that no building permit shall be issued until the building inspector has certified that the proposed building, alteration or use complies with all the provisions of this chapter.

(4)

Conduct inspections and surveys to determine compliance or noncompliance with the terms of this chapter. In carrying out such surveys, the building inspector or his representative may enter upon any land or buildings.

(5)

Make written orders requiring compliance with the provisions of this chapter to be served personally or by certified or registered mail.

(6)

Maintain a map showing the current zoning classification of all land.

(7)

Maintain a map and register showing the registration, identity, location and type of all nonconforming uses.

(8)

Participate in all proceedings before the board of appeals, present facts and information to assist the board in reaching a decision, resist and oppose any deviations from standard provisions of this chapter and have decisions of the board reviewed in a court of proper jurisdiction when, in the judgment of the building inspector, such review is desirable.

(Ord. No. 20-2008, 12-8-08)

Any applicant who is aggrieved by or disagrees with the decision of the building inspector with respect to a permit application may appeal such decision to the planning commission within 30 days of the date of the decision. Appeals shall be in writing and shall be filed with the city clerk, with a copy to be provided to the building inspector. Any appeal shall specify the nature of the permit sought, the disputed decision of the building inspector and the grounds for the appeal.

(Ord. No. 20-2008, 12-8-08)

No building shall be constructed or altered, or the use of any building and/or land changed, until a permit has been secured from the building inspector. Applicable local, state and federal laws, standards, codes, regulations, ordinances or other applicable provisions may apply as to the imposition of fines for failure to comply with this section. Upon completion of the work authorized by any permit, the applicant for the permit shall notify the building inspector of such completion. No permit shall be considered complete or permanently effective until the building inspector has noted on the permit that the work has been inspected and approved and is in conformity with the provisions of this article.

(Ord. No. 20-2008, 12-8-08)

All applications for building permits shall be made in writing by the owner of the subject property, their lawful tenants, or their authorized agent, and shall be filed with the building inspector. The application shall include the following information:

(1)

A statement as to the proposed use of the building and/or land;

(2)

Working plans drawn to scale, showing the location of the building in relation to property and road lines;

(3)

The name and address of the surveyor or other person competent to give such location and to stake the road lines.

(Ord. No. 20-2008, 12-8-08)

The business license issuer shall not issue any city license or occupation tax certificate for a restaurant, itinerant vending, lunch wagon or other food preparation establishment unless a copy of a valid certificate issue by the county health department for the operation of the business ahs been filed with the city by the applicant.

(Ord. No. 20-2008, 12-8-08)

In order to provide and accomplish a coordinated and harmonious development of the city, in accordance with the city's existing and future needs, and in order to promote public health, safety, morals, order, convenience, prosperity and the general welfare, as well as efficiency and economy in development, the city planning commission, referred to in this division as the "commission," is hereby reestablished.

(Ord. No. 20-2008, 12-8-08)

The planning commission shall consist of five members. All five members shall be appointed by the city commission, in conjunction with the city manager. The members shall be residents of the city or own, lease, and/or conduct business at a property location within the city limits of the City of Cedartown.

(Ord. No. 20-2008, 12-8-08; Ord. No. 7,2010, § 1, 4-12-10)

The terms of the members of the planning commission shall be for overlapping terms of three years. One member shall be appointed for one year, two members for two years and two members for three years, and any successive appointments shall be for a period of three years. Any vacancy in membership which shall occur among the present members of the commission shall be filled for the remainder of the unexpired term by the city commission and the city manager. The city commission and city manager shall also have the authority to remove any city-appointed member for cause, on written notice and charges, after a public hearing is held.

(Ord. No. 20-2008, 12-8-08)

(a)

The commission shall select its chairman from among its members. The term of the chairman shall be one year, and he shall be eligible for reelection after the expiration of this term. The commission shall also appoint a secretary to record the minutes of each meeting, hearing or any other proceeding of the commission. The secretary shall also serve for a period of one year and shall be eligible for reelection after the expiration of this term.

(b)

The commission shall make its own policies and procedures to govern the conduct of meetings and hearings. Copies of these policies and procedures shall be available to the public.

(c)

All meetings of the commission at which any official action is taken shall be open to the public, and all records of the commission shall be public records.

(Ord. No. 20-2008, 12-8-08)

The commission shall have all powers, duties and responsibilities as set forth in the Georgia Planning Act, as amended, O.C.G.A. § 36-70-1 et seq., including, but not limited to, the power to consider applications for rezoning a particular district within the corporate limits of the city, the power to amend the provisions of this chapter as needed and the power to make recommendations of the city commission concerning rezoning requests and ordinance amendments.

(Ord. No. 20-2008, 12-8-08)

Any person, firm or corporation aggrieved by any decision of the planning commission may appeal that decision, within fifteen days of the date of the written decision of the planning commission. Failure to properly appeal the written decision of the planning commission within this time period shall terminate any proceedings in which the planning commission has jurisdiction, and the decision of the planning commission shall be final; with the exception of zoning matters, since the commission merely recommends to the city commission its position in certain zoning requests under section 94-578. The city commission has exclusive jurisdiction to take all final actions relating to the recommendations of the planning commissions affecting zoning pursuant to this chapter, applying all standards and procedures promulgated pursuant to this Code and any regulations adopted hereunder.

(Ord. No. 20-2008, 12-8-08)

(a)

Any owner of property within the corporate limits of the city who wishes to have the zoning classification of his property changed to another classification shall apply in writing with the city clerk for rezoning. Such application shall consist of the following information: the name of the applicant, his current address and telephone number, a legal description of the property sought to be rezoned, all record owners of such property, the present zoning classification, the requested zoning classification, the present and proposed future use of the property and a brief description of the reason for the proposed zoning change. Such application shall be signed by the applicant under oath. If the applicant and property owner are not the same person, the applicant shall provide a signed authorization from the property owner or, if the applicant is an attorney representing the property owner, an authorization of attorney form.

(b)

The city clerk shall maintain copies of forms for applicants for rezoning to complete and submit to request a zoning change. Applicants shall be encouraged, but not required, to use such forms, but if the application does not contain the information required in this section, the commission may refuse to consider it until all information is properly provided.

(c)

The applicant shall also pay a filing fee as approved by the City of Cedartown Commission in the schedule of fees and charges to the city clerk at the time the application is filed, in order to defray the reasonable costs of processing the application.

(Ord. No. 20-2008, 12-8-08; Ord. No. 7-2019, § 2(Exh. A), 12-9-19)

(a)

The planning commission shall hold a hearing on any proposed amendments to this chapter or any applicant's request for rezoning of property within the city. Notice of such a hearing shall be given to the public no later than 15 days before such hearing is to be conducted, with such notice to be published in the legal notices section of the Cedartown Standard.

(b)

Signs posted. The zoning administrator shall post, no less than 15 days prior to, or no more than 45 days of the planning commission's public hearing and the city commission's public hearing, in a conspicuous place in the public right-of-way fronting the property or the property for which an application has been submitted, a sign or signs containing information as to the application and date, time, and place of the public hearing.

(Ord. No. 20-2008, 12-8-08; Ord. No. 14-2012, § 1, 9-10-12)

All hearings before the commission under this chapter shall be conducted in accordance with the policies and procedures adopted by the commission by resolution and incorporated into this section by reference. All hearings shall be open to the public.

(Ord. No. 20-2008, 12-8-08)

Within a reasonable time after a hearing, the commission secretary shall prepare and submit the necessary minutes, evaluations and/or recommendations to the city commission prior to its next scheduled meeting date. The planning commission shall also provide written notice of its recommendation to the applicant, and inform him of the reasons for the recommendation. The commission shall also inform the applicant that the recommendation is not a final decision on the rezoning request and that only the city commission has the authority to make such a final decision.

(Ord. No. 20-2008, 12-8-08)

The city commission shall consider the recommendation of the planning commission under this division at its next regularly scheduled meeting, provided that the recommendation is received by each commission member at least ten days before the city commission meeting is to be held.

(Ord. No. 20-2008, 12-8-08)

No application for rezoning under this division which requests the same relief with regard to the same property shall be received or heard by the commission for a period of 12 months following the date of the commission's previous decision, unless the commission, in its discretion, grants the applicant a rehearing.

(Ord. No. 20-2008, 12-8-08)

The planning commission shall have the following powers and duties:

(1)

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

(2)

Special exceptions. To hear and decide special exceptions to the terms of this chapter upon which the planning commission is required to pass under this chapter.

(3)

Variances. To authorize upon appeal in specific cases a variance from the terms of the chapter that will not be contrary to the public interest where, owning to special conditions, a literal enforcement of the provisions of this chapter will, in an individual case, result in practical difficulty or unnecessary hardship, so that the spirit of this chapter shall be observed, public safety and welfare secured and substantial justice done. The existence of a nonconforming use of neighboring land, buildings or structures in the same district or of permitted or nonconforming uses in other districts shall not constitute a reason for the requested variance. Such variance may be granted in an individual case of unnecessary hardship upon a finding by the planning commission 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 this 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, provided, however, that no variance may be granted for a use of land or building or structure that is prohibited by this chapter.

(4)

Time limitations. Any and all variances granted under this section shall be governed by the time limitations for acting upon the granting of a variance, as contained in section 94-60.

(Ord. No. 20-2008, 12-8-08)

In any instance where the planning commission is required to consider an exception, conditional use or variance in this chapter or the zoning map in accordance with the provisions of this chapter, the planning commission shall, among other things:

(1)

Assure itself that the proposed change is consistent with the spirit, purpose and intent of this chapter and consider the effect upon the public interest of granting or denying the application.

(2)

Determine that the proposed change will not substantially injure or detract from the use of neighboring property or from the general character of the neighborhood, and that the use of the property adjacent to the area included in the proposed change or plan is adequately safeguarded.

(3)

Determine that the proposed change will serve the best interests of the city, the convenience of the community where applicable and the public welfare.

(4)

Consider the unnecessary hardship which will or may be inflicted upon the applicant by denial of his application.

(5)

Consider the presence or absence in the neighborhood of conditions or uses which are the same or similar in character to the condition or use for which the applicant seeks approval.

(6)

Consider the effect of the proposed change upon the logical, efficient and economical extension of public services and facilities such as water, sewers, police and fire protection and public schools, and assure adequate arrangements for sanitation in specific instances.

(7)

Safeguard the development of highway frontage insofar as possible so as to limit the total number of access points and encourage the frontage of buildings parallel to marginal roads or on roads perpendicular to the highway.

(8)

Consider the suitability of the proposed location for an industrial or commercial use with respect to probable effects upon highway traffic, and assure adequate access arrangements in order to protect major highways from undue congestion and hazard.

(9)

Ascertain the adequacy of sanitation and public safety provisions, where applicable, and require a certificate of adequacy of sewage and water facilities from the department of health of the county in any case required in this chapter as deemed advisable.

(10)

Impose such conditions, in addition to those required, as are necessary to assure that the general purpose and intent of this chapter are complied with, which conditions may include, but are not limited to, harmonious design of buildings, planting and its maintenance as a sight and sound screen, and the minimizing of noxious, offensive or hazardous elements.

(Ord. No. 20-2008, 12-8-08)

(a)

Appeals to the planning commission may be taken by any person aggrieved or by any officer, department, board or bureau in the city affected by any decision of the building inspector. Such appeal shall be taken within 60 days, by filing with the building inspector and with the planning commission a written notice of appeal specifying the grounds thereof. The building inspector shall forthwith transmit to the planning commission all papers constituting the record upon which the action appealed from was taken.

(b)

The planning commission 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 attorney, and may present such evidence as may be relevant to assist the board in making its decision.

(Ord. No. 20-2008, 12-8-08)

(a)

Any person wishing to apply to the planning commission for a variance from the strict terms of this chapter shall do so in writing and provide the following information: The address for which the variance is sought, the zoning district, the present and intended uses of the property, the name, address and phone number of the property owner and applicant, and a written statement as to why application of this chapter to this particular piece of property would create an unnecessary hardship. The applicant shall also state which criteria for the granting of a variance would be satisfied under section 94-600.

(b)

The city clerk shall maintain on file a form for the use in applying for a variance from the strict terms of this chapter. Each applicant shall be encouraged, although not required, to use a form to be provided by the city clerk to apply for a variance before the planning commission. The planning commission may refuse to consider any application for a variance that does not contain the information required by this section.

(c)

The applicant shall pay a filing fee as approved by the City of Cedartown Commission in the schedule of fees and charges to the city clerk at the time the application is filed, in order to defray the reasonable costs of processing the application.

(Ord. No. 20-2008, 12-8-08; Ord. No. 7-2019, § 2(Exh. A), 12-9-19)

No appeal or request for a variance which requests the same relief with regard to the same property shall be received or heard by the planning commission for a period of 12 months following the date of the planning commission's decision concerning a prior identical request unless the applicant or requesting party is granted a rehearing in the discretion of the planning commission.

(Ord. No. 20-2008, 12-8-08)

An appeal stays all legal proceedings in furtherance of the action appealed from, unless the building inspector certifies to the planning commission, after the notice of appeal has been filed with him, that by reason of facts stated in the certificate a stay would, in his opinion, cause imminent peril to life and property. In such case, proceedings shall not be stayed other than by a restraining order, which may be granted by the planning commission or by a court of record on application, on notice to the building inspector and on due cause shown.

(Ord. No. 20-2008, 12-8-08)

(a)

In exercising its powers, the planning commission may, in conformity with the provisions of this chapter, reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination of the building inspector, and to that end shall have all the powers of the building inspector and may issue or direct the issuance of a building permit or variance.

(b)

The concurring vote of the three members of the planning commission shall be necessary to reverse any order, requirement, decision or determination of the building inspector, or to decide in favor of the applicant on any matter upon which it is required to pass under this chapter to effect any variance of this chapter.

(c)

On all appeals, applications and other matters brought before the planning commission, such board shall inform, in writing, all the parties involved of its decisions and the reasons therefor.

(Ord. No. 20-2008, 12-8-08)

Unless otherwise specified by the planning commission, a special exception or variance shall expire if the applicant fails to obtain a building permit thereunder within six months from the date of authorization thereof.

(Ord. No. 20-2008, 12-8-08)

In the exercise of the powers vested by this division, the planning commission may, in its discretion, refer to any other agency of the city, county or state for an advisory opinion on any matter properly before it with respect to which it believes that such advisory opinion would be helpful to it in reaching its own determination.

(Ord. No. 20-2008, 12-8-08)