The zoning enforcement officer shall be the building inspector of the city or any public official of the said city designated by the city council of the said city if there is no building inspector whose duties and powers are as follows:

(1)

The zoning enforcement officer is authorized and empowered on behalf and in the name of the council to administer and enforce the provisions of this chapter to include receiving applications, inspecting premises, and issuing building permits and certificates of occupancy for uses and structures which are in conformance with the provision of this chapter.

(2)

The zoning enforcement officer does not have the authority to take final action on application or matters involving variances, nonconforming uses, or other exception which this chapter has reserved for action by the board of zoning appeals, the commission, and/or the council.

(3)

The zoning enforcement officer shall keep records of all and any permits, the 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.

(Code 1992, app. A, § 111)

(a)

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

(1)

Building permit. The zoning enforcement officer shall issue a building permit for zoning compliance, which may be incorporated into the building permit issued under the building code adopted and in effect by the council, for any permitted use or structural alteration provided such proposed use of land or structure, or structural alteration is in conformance with the provisions of this chapter.

a.

An application shall be accompanied 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 buildings 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.

b.

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

c.

If the proposed excavation, filling, construction, or movement set forth in said sketch or plan are in conformity with the provision of this chapter, and other appropriate codes and ordinances of the 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.

d.

If the sketch or plan submitted describes work which does not conform to the requirements of this chapter, the zoning enforcement officer shall not issue a building permit, but shall return one copy of the sketch of 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 chapter 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.

e.

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 one year.

(2)

Certificate of occupancy. Certificates of occupancy shall be issued by the zoning enforcement officer in accordance with the following provisions:

a.

Required. A certificate of occupancy is 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.

b.

Issuance. 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 chapter and if the building, as finally constructed, complies with the sketch or plan submitted for the building permit.

c.

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

(b)

Fees. Fees for permits and certificates issued pursuant to this section shall be as provided in the city fee schedule in chapter 22.

(Code 1992, app. A, § 112)

The board of zoning appeals of the city is hereby established.

(1)

Membership. The board of zoning appeals shall consist of five members, appointed by the city council for overlapping terms of three years:

a.

Initial appointment. The initial appointment of the board of zoning appeals shall be as follows:

1.

Two members for one year;

2.

Two members for two years; and

3.

One member for three years.

b.

Vacancies. Any vacancy in the membership shall be filled for the unexpired term in the same manner as the initial appointment. Members shall be removable for cause by the council upon written charges and after public hearing thereon.

c.

Public offices held. No member shall hold any other public office or position, except that one member may be a member of the commission.

(2)

Rules of procedure. The board of zoning appeals shall observe the following procedures:

a.

Said board shall adopt rules in accordance with the provisions of this chapter for the conduct of its affairs.

b.

Said board shall elect one of its members, other than a member of the commission, as chairman, who shall serve for one year or until he is reelected or his successor is elected. Said board shall appoint a secretary.

c.

The meetings of said board shall be held at the call of the chairman and at such other times as said board may determine. The chairman, or in his absence, the acting chairman, may administer oaths and compel the attendance of witnesses by subpoena.

d.

All meetings of said board shall be open to the public.

e.

Said board shall keep minutes of its proceedings, showing the vote of each member upon each question, or if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions, all of which shall be immediately filed in the office of the city clerk and shall be a public record.

(Code 1992, app. A, § 113)

(a)

The board of zoning appeals shall have the following duties and powers:

(1)

To hear and decide 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 chapter.

(2)

To hear and decide special exceptions of the terms of this chapter upon which said board is required to pass under this chapter.

(3)

To authorize upon appeal in specific cases such variance from the terms of this chapter as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of this chapter will, in an individual case, result in unnecessary hardship, so that the spirit of this chapter shall be observed, public safety and welfare secured, and substantial justice done. Such variance may be granted in such individual case of unnecessary hardship upon a finding by the board of appeals that:

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; and

d.

Relief, if granted, would not cause substantial detriment to the public good or impair the purpose 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.

(b)

Use variance prohibited. The board of zoning appeals may not grant any variance for a use of land or premises.

(c)

All decisions of the board of zoning appeals pursuant to their duties and powers as provided in this section shall not be final until the decision, including all relevant evidence, has been considered and approved by the city council. Such decisions of the board of zoning appeals will ordinarily be considered by the city council at its next regularly scheduled meeting unless additional time is needed for investigation and further consideration of the matter.

(Code 1992, app. A, § 114; Ord. No. 2003-5, 4-1-2003)

Requests for a hearing before the board of zoning appeals for an administrative review, special exception or a variance shall observe the following procedures:

(1)

Deposit a fee in the amount provided in the fee schedule in chapter 22 in cash or by certified check which shall not be refundable, required by subsection (4) of this section and the newspaper notices required by subsection (5) of this section.

(2)

An application must be submitted in writing to the zoning enforcement officer from whom the appeal is taken and to the board of appeals a notice of appeal specifying the grounds thereof.

(3)

An application shall be accompanied by an acceptable site plan with such reasonable information shown thereon as may be required by the zoning enforcement officer. Such site plan shall include, as a minimum, the following: lot dimensions with property line monuments located thereon; location and size of existing and proposed structures; yard dimensions and the use of structures; easements and proposed fences, street names and street right-of-way abutting property as directly affects the application.

(4)

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, and the date and time of the public hearing, and the cost of each shall be paid by the applicant prior to the public hearing.

(5)

The board of zoning appeals shall fix a reasonable time for the hearing of appeals or other matters referred to said board, give at least 15 days' public notice thereof, as well as due notice to the parties in interest, and decide the same within 45 days from the date of such public hearing.

(6)

An appeal stays all legal proceedings in furtherance of the action appealed from, unless the zoning enforcement officer certifies to the board of zoning appeals after the notice of appeal shall have 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 otherwise than by a restraining order which may be granted by the said board or by a court of record: upon application, on notice to the official from whom the appeal is taken and on due cause shown.

(7)

In exercising the powers granted to the board of zoning appeals in section 66-276, the board may, in conformity with the provisions of this chapter, reverse or affirm wholly or in part, or may modify the order, requirements, decisions or determination of the zoning enforcement officer and may issue or direct the issuance of building permit.

(8)

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

(9)

Any person or persons severally or jointly aggrieved by any decision of the board of zoning appeals may take an appeal to the city council provided a notice of appeal is filed with the clerk of the city at the clerk's office at the city municipal building within 20 days after the written decision of the board of zoning appeals.

(10)

The city council shall fix a reasonable time for the hearing of the appeal and provide for at least 15 days' public notice of the hearing.

(11)

The zoning enforcement officer shall cause or have posted in a conspicuous place on the property in question one or more signs containing the time, place and purpose of the hearing and also cause an advertisement of the public hearing to be published in the Daily Sun, each notice to be at least 15 days prior to the date of the public hearing.

(12)

An appeal stays all legal proceedings in furtherance of the action appealed from, unless the zoning enforcement officer certifies to the governing authority of the city that by reason of the facts stated in the certificate a stay would cause, in the opinion of the zoning enforcement officer, immediate peril to life and property. In such event, the proceedings shall not be stayed otherwise than by a written restraining order signed by at least three members of the governing authority or by the judge of the superior court of county.

(13)

In considering an appeal in specific cases, the governing authority shall consider whether to authorize such variance from the terms of this chapter as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of this chapter will, in an individual case, result in unnecessary hardship, so that the spirit of this chapter shall be observed, public safety and welfare secured, and substantial justice done. Such variance may be granted in such individual case of unnecessary hardship upon a finding by the governing authority of the following:

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; and

d.

Relief, if granted, would not cause substantial detriment to the public good or impair the purpose 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.

(14)

In exercising its powers the governing authority may, in conformity with the provisions of this chapter, reverse or affirm wholly or in part, or may modify the order, requirements, decisions, or determination of the zoning enforcement officer and/or the board of zoning appeals and the governing authority may issue or direct the issuance a building permit.

(15)

Any person or persons severally or jointly aggrieved by any decision of the governing authority may appeal to the superior court of the county, as authorized by law.

(Code 1992, app. A, § 115; Ord. No. 96-8, 11-5-1996; Ord. No. 2001-4, §§ 1—9, 7-31-2001)

The council may, from time to time, after examination, review and public hearing thereon, amend, supplement or change the regulations and zoning districts herein or subsequently established. Proposals for zoning amendments, whether initiated by the council, the commission, or any person shall be treated in accordance with the following procedure:

(1)

With the exception of actions initiated by the city, every applicant shall deposit a fee in the amount provided in the city fee schedule in chapter 22 in cash or by certified check which shall not be refundable regardless of the outcome of the zoning amendment application. In addition to the application fee, the applicant shall reimburse the city for the cost of all advertisement(s)/notice(s) required by subsection (5) of this section. Payment of all application fees and costs for advertisement(s)/notice(s) shall be remitted to the city prior to final consideration of and action on the zoning amendment application.

(2)

An application must be submitted in writing to the zoning enforcement officer and must be accompanied with a site plan of the proposed use included in any petition for a zoning amendment. Such site plan shall include building sited, parking area, and shall include the existing land use on adjacent and surrounding properties.

(3)

The application shall be sent to the commission ten days before scheduled meeting for review and recommendation, and said commission shall have 30 days within which to submit a report to the city council. If the commission fails to submit a report within the 30-day period, it shall be deemed to have approved the proposed amendment.

(4)

Whenever a proposed amendment to this chapter involves changing the zoning classification of a parcel of property from one district to another, the zoning enforcement officer shall cause to have posted in a conspicuous place on said property one or more signs, 12 square feet in area, shall contain information as to the proposed change and the date and time of the required public hearing, and the cost of each sign shall be paid by the applicant prior to the public hearing.

(5)

Before enacting any amendment to this chapter, including maps, the council shall hold a public hearing thereon provided that a legal notice has been published in a newspaper of general circulation in the city, when required, a sign or signs have been posted on the property in question for at least 15 days prior to the said public hearing.

(6)

Any petition for a zoning amendment may be withdrawn prior to action thereon by the council at the discretion of the person initiating such a request upon written notice to the clerk of the council.

(Code 1992, app. A, § 116; Ord. No. 95-2, 3-7-1995; Ord. No. 2023-3, 4-18-2023)

All building permits, which were previously issued under any previous zoning ordinance for the city such ordinance being repealed by the adoption of the ordinance from which this chapter is derived, shall not be affected by the provisions of this chapter, except as otherwise provided herein.

(Code 1992, app. A, § 117)

Whenever a public hearing is required by these ordinances or by state law prior to a zoning decision, such public hearing, whether conducted by the city council or the planning and zoning commission, shall be conducted in accordance with the following procedures:

(1)

The public hearing shall be called to order by the presiding officer.

(2)

The presiding officer shall explain the procedures to be followed in the conduct of the public hearing.

(3)

If the subject of the hearing is a zoning decision initiated by a petitioner other than the city council; the petitioner requesting such zoning decision, or the petitioner's agent, shall be recognized first and shall be permitted to present and explain the request for the zoning decision. If the request for zoning decision is initiated by the city council, all members of the city council shall be allowed to speak as they are recognized by the presiding officer, regardless of whether such councilmember speaks in favor of or in opposition to the proposed zoning decision. Thereafter, all individuals who so desire shall be permitted to speak in favor of the zoning decision.

(4)

After all individuals have had an opportunity to speak in accordance with subsection (3) of this section, those individuals present at the public hearing who wish to speak in opposition to the requested zoning decision shall have an opportunity to speak.

(5)

When any person wishes to speak at a public hearing, he shall raise his hand and, after being recognized by the presiding officer, shall stand and give his name, address, and make any comment appropriate to the proposed zoning decision.

(6)

No time limit shall be imposed upon any person speaking at a public hearing, but all speakers are urged to make their comments brief and avoid repeating other comments. However, there shall be a ten-minute per side minimum time period for presentation of data, evidence and opinion by proponents of each zoning decision and an equal minimum time period for presentation by opponents of each zoning decision.

(7)

In the case of an application for a proposed amendment to the zoning ordinance text or maps, the applicant shall have an opportunity, after all comments in opposition have been made, to make summary remarks concerning the proposed zoning decision.

(8)

Thereafter, the presiding officer shall announce that the public hearing for the requested zoning decision is closed. The planning and zoning commission shall then convene its business session to consider the proposed amendment and shall, at that time, take action on its recommendation to the city council. At the close of the public hearing before the city council, the governing authority shall immediately convene its business session and consider the recommendation for the zoning decision and take action on the proposed amendment.

(Code 1992, app. A, § 118; Ord. No. 96-7, § 1, 10-1-1996)

(a)

If the zoning is for property to be annexed into the city, representatives of the city may begin the procedures for zoning at any time on or after the date the notice of the proposed annexation is provided to the governing authority of the county as required under O.C.G.A. § 36-36-6.

(b)

The hearing required on the proposed action before the zoning decision shall be conducted prior to the annexation of subject property into the city. The city shall cause to be published within a newspaper of general circulation within the territorial boundaries of the county wherein the property to be annexed is located a notice of the hearing at least 15 but not more than 45 days prior to the date of the hearing which notice shall state the time, place and purpose of the hearing. Additionally, the notice shall include the location of the property, the present zoning classification of the property and the proposed zoning classification of the property.

(c)

A sign containing the information as to the proposed change and the date and time of the required public hearing shall be posted in a conspicuous place on said property.

(d)

The zoning classification approved by the governing authority of the city following the hearing shall become effective on the later of:

(1)

The date the zoning is approved by the municipality; or

(2)

The date which is the first day of the month following the month during which the requirements of article 2, 3, or 4 of chapter 36 of the Official Code of Georgia (O.C.G.A. §§ 36-36-20 through 36-36-61).

(Code 1992, app. A, § 119; Ord. No. 96-7, § 2, 10-1-1996)

(a)

Membership. The planning and zoning commission shall consist of five members, who shall be residents of the city appointed by the governing authority of the city for overlapping terms of four years, such that no more than two members' terms expire in the same year. The five persons currently named as members of the planning and zoning commission shall continue in office for and during the terms of office to which each was formerly appointed.

(1)

Vacancies. Any vacancy in the membership shall be filled for the unexpired term. Members shall be removed for cause by the governing authority upon written charges and after public hearing thereon.

(2)

Public office held. No member shall hold any public office.

(b)

Powers. The planning and zoning commission shall have the following duties and powers:

(1)

To receive application for changes to zoning classifications from one district to another, or other amendments to these regulations as follows:

a.

To hear, after prescribed public notice, public testimony regarding the proposed changes;

b.

To review the current comprehensive plan and future land use map, as applicable;

c.

To consider all the criteria contained in the prescribed relevant standards balancing the city's interest in promoting the public health, safety, morality, or general welfare against the right to the unrestricted use of property; and

d.

To render a written recommendation to the city council regarding the proposed change.

(2)

To hear and decide special exceptions to the terms of these regulations upon which said commission is required to pass under these regulations. In granting a special exception, the commission shall determine that the use:

a.

Meets all required conditions;

b.

Is not detrimental to the public health or general welfare;

c.

Is appropriately located with respect to transportation facilities, water supply, fire and police protection, waste disposal, and similar services;

d.

Will not violate neighborhood character nor adversely affect surrounding land uses.

(c)

Rules of procedure. The planning and zoning commission shall observe the following procedures:

(1)

Said planning and zoning commission shall adopt rules in accordance with the provisions of these regulations and the laws of the state for the conduct of its affairs.

(2)

Said planning and zoning commission shall elect one of its members as chairman and one of its members as secretary, who shall both serve for one year or until re-elected or a successor elected.

(3)

The regular scheduled meetings of said planning and zoning commission shall be held at such times as may be established by the planning and zoning commission. Other meetings shall be held at the call of the chairman or at any other such times as said planning and zoning commission may determine. The presence of at least four members of the commission shall be necessary to constitute a quorum for handling-business and taking action.

(4)

All meetings of said planning and zoning commission shall be open to the public.

(5)

Said planning and zoning commission shall keep minutes of its proceedings, showing the vote of each member upon each question, or if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions, all of which shall be immediately filed on the office of the planning and zoning commission secretary and shall be a public record.

(6)

All applications to set zoning classification after annexation of property into the city, for changes to zoning classifications. from one district to another, or other proposed amendments shall be reviewed by the planning and zoning commission in a public hearing in accordance with the procedures set forth in section 66-280 and the standards provided in this chapter and in other building, zoning, and planning regulations of the city.

(7)

The planning and zoning commission shall review and consider a recommendation to the city council with respect to the application. The planning and zoning commission may decide not to make a recommendation, or it may make any of the following recommendations with respect to an application for a proposed amendment:

a.

Approval, denial, deferral, withdrawal, reduction of the land area for which the application is made, change of the zoning district requested, or imposition of zoning conditions.

b.

If no recommendation is decided by the planning and zoning commission, then it shall report to the city council that it makes no recommendation on the application.

(8)

The planning and zoning commission shall submit its recommendation or report of no recommendation on an application for a proposed amendment to the city council prior to the scheduled public hearing in which the city council will consider the application for a zoning decision. If the planning and zoning commission fails to submit a recommendation or report prior to the public hearing, the planning and zoning commission's recommendation shall be deemed to be one of approval.

(Code 1992, app. A, § 120; Ord. No. 96-7, § 3, 10-1-1996; Ord. No. 2006-1, 1-10-2006; Ord. No. 2006-6, 4-4-2006)

(a)

Before taking action on a zoning change and after receipt of the planning and zoning commission recommendations or reports thereon, the city council shall hold a public hearing on the proposed change.

(b)

Notice of the public hearing shall be published within a newspaper of general circulation within the territorial boundaries within the city at least 15 but not more than 45 days prior to the date of the hearing.

(c)

If a zoning decision of the city is for the rezoning of property and the rezoning is initiated by a party other than the city then:

(1)

The notice, in addition to the requirement of subsection (b) of this section, shall include the location of the property, the present zoning classification of the property, and the proposed zoning classification of the property; and

(2)

A sign containing information required by the city comprehensive land development ordinance shall be placed in a conspicuous location on the property not less than 15 days prior to the date of the hearing.

(d)

If the zoning decision of the city council is for the rezoning of property and the amendment to the zoning ordinance to accomplish the rezoning is defeated by the city council, then the same property may not again be considered for rezoning until the expiration of at least six months immediately following the defeat of the rezoning by the city council.

(e)

So that the purpose of this chapter will be served and so that health, public safety and general welfare will be secured, the city council in its decision on the application for a proposed zoning change may, in its legislative discretion, approve or deny the application for the proposed zoning change as submitted, defer a decision until a specific meeting date, require applicant to file a site plan or other plans regarding the project development and defer action to a later meeting date, or allow a withdrawal of the application by the applicant, if requested. The city council shall determine whether the withdrawal shall be subject to the six-month interval before refiling. The city council may also require that the land area in such application for the proposed zoning change is made be reduced, that the zoning district be changed to one other than that requested, or that zoning conditions be added or deleted, as the city council deems appropriate.

(Code 1992, app. A, § 120.1; Ord. No. 96-7, § 4, 10-1-1996)

Whenever the city shall exercise its zoning power, the following standards are considered relevant in balancing the city's interest in promoting the public health, safety, morality, or general welfare against the right to the unrestricted use of property:

(1)

Whether the zoning decision will permit a use that is suitable in view of the use and development of adjacent or nearby property;

(2)

Whether the zoning decision will adversely affect the existing use of adjacent or nearby property;

(3)

Whether the property affected by the zoning decision has a reasonable economic use as currently zoned;

(4)

Whether the zoning decision will result in a use which will or could cause an excessive or burdensome use of existing streets, transportation facilities, utilities, or schools;

(5)

Whether the zoning decision conforms with the policy and intent of an adopted land use plan; and

(6)

Whether other conditions exist that affect the use and development of the property in question and support either approval or denial of the zoning decision.

(Code 1992, app. A, § 120.2; Ord. No. 96-7, § 5, 10-1-1996)