The planning commission shall administer and enforce the provisions of this ordinance.

The regulations and requirements set forth in this ordinance are promulgated in accordance with a comprehensive plan, with reasonable consideration, among other things, to the prevailing land uses, growth characteristics and the character of the respective districts and their peculiar use of land throughout the city.

a)

In interpreting and applying the provisions of this ordinance, they shall be held to be the minimum requirements for the promotion of the public, health, safety, morals and general welfare of the community.

b)

It is not intended by this ordinance to interfere with or abrogate or annul any easements, covenants or other agreements between parties; provided, however, that where this ordinance imposes a greater restriction upon the use of buildings or premises or upon the height of buildings or requires larger open spaces than are imposed or required by other ordinances, rules, regulations or by easements, covenants, or agreements, the provisions of this ordinance shall control.

c)

If, because of error or omission in this ordinance or the zoning map any property within the city is not shown as being included in a zoning district, the classification of such property shall be R-1 district (single-family residence), unless changed by an amendment to this ordinance.

d)

Annexation of property shall follow the requirements of the Zoning Procedures Law. A notice of the annexation of property shall be provided to the county (as required by O.C.G.A. § 36-36-6) and the required hearing held prior to the annexation. A notice of said hearing will be published in the county's general circulation newspaper and all other zoning policies and procedures regarding hearings, notices and amendments, as outlined in 7.5 and 7.6 of this ordinance shall be followed.

Amendments to the text of this ordinance or to the accompanying official zoning map may be initiated at the request of a private petitioner or the city council. Requests for a conditional use or variance to the provisions regulating districts may be similarly initiated by a private petitioner.

In general, all private petitions for text amendments, changes in zoning districts (rezonings), and conditional uses shall follow the following steps in order to secure approval or denial.

a)

Any petition for a zoning change must be filed in the form of a written application with the city clerk and/or his or her designee and fees paid at that time.

b)

The city clerk and/or his or her designee will inform the applicant of the public hearing dates at which his/her petition will be considered.

c)

The city will advertise the public hearing and provide notification to affected parties by written notice and by the posting of a notice on the subject property.

d)

Consideration of the proposed zoning change shall be carried out as prescribed in the policies and procedures section below.

e)

Consideration of a request for a conditional use shall be carried out according to the criteria enumerated in section 2.01, conditional use.

f)

Variance requests will be reviewed by the planning commission. Variances may be granted only in so far as the proposed action meets the requirements enumerated in section 7.8. In no case may a variance be granted for a use of land or building (a use variance) that is prohibited within the zoning district. The planning commission shall keep a record of all variances granted or denied.

The following policies and procedures are herein established to provide guidelines for the following zoning activities:

a)

The adoption of a new city zoning ordinance;

b)

The adoption of an amendment to the zoning ordinance which changes the text of the ordinance (text amendment);

c)

The adoption of an amendment to a zoning ordinance (map amendment) which rezones property from one zoning classification to another;

d)

The procedural requirements for zoning amendments sponsored by the city;

e)

The procedural requirements for zoning amendments sponsored by a citizen or property owner; and

f)

Annexation of property by the city.

a)

Amendment to zoning ordinance. In the case of developing an initial zoning plan (map and text), or updating or amending an existing zoning plan, the city planning commission and the city council will, where appropriate, utilize any new or existing land use studies, land use plans or other relevant documents as a resource for ordinance development or ordinance amendment. The city council and the planning commission will each hold at least one public hearing on any new zoning ordinance development or any proposed amendment to the current zoning ordinance.

b)

Public hearing. Upon the completion of a preliminary zoning document by the planning commission and after this draft document has been presented to and reviewed by the city council, public hearings will be scheduled by both the planning commission and the city council, respectively. The official public hearing will be held by the city council, and public notice will be given no less than 15 days nor more than 45 days prior to the official hearing date.

c)

Required notices. Notice of public hearings will be published within a newspaper of general circulation within the county. The public notice will state the time, place, and purposes of the hearing.

d)

Review of amendments. All amendments to any existing zoning plan must be reviewed by both the planning commission and the city council. However, when the boundary lines of an established zoning district are proposed for changes (rezoning), the city council shall have the planning commission prepare an evaluation of each such proposed rezoning considering each of the following factors:

1.

Existing uses and zoning of nearby property;

2.

The extent to which property values are diminished by the present zoning restrictions;

3.

The extent to which the destruction of property values, resulting from existing zoning of the applicant's parcel promotes the health, safety, morals or general welfare of the public;

4.

The relative gain to the public, as compared to the hardship imposed upon the individual property owner;

5.

The suitability of the subject property for the zoning purposes as proposed;

6.

The length of time the property has been vacant as zoned, considered in the context of land development in the area in the vicinity of the property; and

7.

Conformity with or divergence from the comprehensive plan.

e)

Place of hearing. The public hearings will be convened at the advertised time and place and will be presided over by the appropriate officials.

f)

Conduct of hearing. The presider of each respective public hearing will review for those present, the following operating procedures for the public hearing.

1.

In order for a person in attendance to speak, the chair must recognize him/her. Upon rising to speak, the person recognized will first identify himself/herself. The chair may also request that the person furnish a home or business street address, as appropriate.

2.

The person speaking will be allowed a reasonable amount of time to express opinions and make comments on each separate element of the proposed revisions which they wish to address. Provided however that the proponents and opponents of each zoning decision or application shall have an equal minimum time period of not less than ten minutes per side for presentation of data, evidence and opinion. A designated timekeeper shall record the time expended by each speaker.

3.

Additional persons will be recognized per the above procedure for the purpose of addressing additional elements of the proposed revisions or to make additional points with regard to elements already addressed, but not to rehash points already made.

4.

Appropriate notes or minutes will be recorded by the city council and the planning commission at their respective public hearings.

g)

Recommendation of planning commission. The planning commission shall prepare and submit the necessary minutes, evaluations and/or recommendations to the city council prior to the city council's public hearings. If additional study of a petition is required, the business may be tabled to the next regular planning commission meeting.

h)

Consideration by city council. The city council at its official public hearing will review the evaluations and recommendations from the planning commission and may choose to adopt or reject or modify the planning commission recommendations, or the business may be tabled for additional study to the next regular council meeting.

a)

Application. An application for a rezoning or conditional use must be filed with the city clerk and/or his or her designee at city hall on a prescribed form. Fees shall be paid at the time of application.

b)

Public hearing dates. The city clerk and/or his or her designee will inform the applicant of the public hearing dates. Although the planning commission will convene a public hearing on each proposal, the official public hearing will be held by the city council. Public notice of the hearing will appear in a newspaper of general circulation within the county no less than 15 days or more than 45 days before the date of the official public hearing.

c)

Hearing notice. The public hearing notice will name the applicant, the location of property to be affected, the present zoning class, the proposed zoning class and the date, time and place of both the planning commission hearing and the public hearing held by the mayor and council.

d)

Notification of affected parties. In order to inform those parties directly affected by the proposed action and the general public, city officials shall do the following:

1.

Have erected upon the property for which rezoning is to be considered a sign of no less than 17 inches by 24 inches announcing the public hearings, stipulating the dates, times, and places for the two hearings, the present zoning class and the proposed zoning class. The sign shall be clearly visible from a public street. It shall be erected not less than 15 days nor more than 45 days before the first public hearing date.

2.

Give due notice to the parties concerned, including all property owners of record within 300 feet of the premises in question. Said notices shall be delivered by first class mail, mailed at least 14 days prior to the planning commission public hearing, addressed to the respective owners at the addresses listed on the most recent tax assessment roll. Copies of said notices will be maintained in the petitioner's file at the city.

e)

Review of petitions by the planning commission. The planning commission shall review all petitions for a rezoning or conditional use in accordance with, respectively, the provisions of section 7.6(d) and section 2.1, conditional use, of this ordinance. All meetings of the planning commission shall be held at the call of the chairman, or in his absence, the vice chairman, and at such time as the board may determine. All meetings of the planning commission shall be open to the public.

f)

Conduct of hearing. The place and conduct of the public hearing shall be in accordance with the provisions of section 7.6(e)—(h).

To authorize upon appeal in specific cases such variance from the terms of the ordinance as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of the 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. Such variance may be granted in such individual case of unnecessary hardship upon finding by the planning commission 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 ordinance to this particular piece of property would create an unnecessary hardship;

c)

Such conditions are peculiar to the particular piece of property involved, and not of the making of the applicant;

d)

Relief, if granted, would not cause substantial detriment to the public good or impair the purposes and intent of this ordinance, provided, however, that no variance may be granted for a use of land or building or structure that is prohibited by this ordinance; and

e)

Hearings relating to the review of a variance shall be carried out in accordance with the requirements of section 7.6(e) and (f) and section 7.7(d) of this ordinance.

No order of the planning commission permitting the erection or alteration of a building shall be valid for a period longer than six months unless such use is established within such period; provided, however, that where such use permitted is dependent upon the erection or alteration of a building, such order shall continue in force and effect if a building permit for said erection or alteration is obtained within such period, and such erection or alteration is started and proceeds to completion in accordance with such permit.

The city shall provide such technical, administrative, and clerical assistance and office space as is required by the planning commission to carry out its function under the provisions of these regulations. In providing a zoning administrator, the city by and through the mayor and council, shall solicit recommendations from the planning commission as to who to hire, but the mayor and council shall have the final decision making authority as to the hiring of a zoning administrator.

a)

All applicants for annexation, rezoning, text amendment, conditional use, variance, home occupation license, building permit, site alteration permit, land disturbing activity permit, or a plat review within a district, shall be accompanied by a fee payable to the city to defray expenses incidental to the processing of such applications. Attorney fees, survey expenses and any other costs associated with completing the requested application will be the responsibility of the applicant. A listing of all applicable scheduled fees is available in the office of city hall. All applications and/or permits are valid for a period of no more than six months from date of issue, unless work is started within said six months and proceeds to completion in accordance with such permit.

b)

City taxes shall be current on property prior to the submittal of any application for any permit or improvement.

c)

Site alteration and building permit fees shall be waived for projects involving medical or disability hardships.

d)

Applicants shall be the property owner unless written notarized authorization is received from the property owner for the applicant to serve as the property owner's agent.

a)

Any person who violates, disobeys, omits, neglects or refuses to comply with, or who resists the enforcement of any of the provisions of this ordinance shall be guilty of a misdemeanor and subject to a fine of $500.00 after receiving 30 days' notice of the violation. Said notice shall be in writing and issued by the city.

b)

Each day that a violation is permitted to exist after due notice is given shall constitute a separate offense.

b) [c)]

In addition, the planning commission or city council may seek injunctive relief in the superior court of the county, for any continuing violation of the zoning ordinance.

If the zoning decision before the city council is for the re-zoning of property, amendment to the zoning map and ordinance, or a conditional use, and the request is defeated by the city council, then the same property may not again be considered for re-zoning, the same amendment to the zoning map and ordinance considered, or the same conditional use considered, until the expiration of at least six months from the date of the defeated action.

If a request for a variance before the planning commission is defeated by the planning commission and the applicant does not concur with the planning commission's decision, the applicant may request a hearing before the city council. If a variance is defeated by both the planning commission and the city council, based upon an appeal, or the planning commission, if no appeal is made, the same or similar variance will not be accepted from the applicant for the same property for a period of six months following the date of the last hearing to which the request for the variance was defeated.