The provisions of this chapter shall be administered and interpreted by the zoning administrator. The zoning administrator shall be responsible for maintenance of the official zoning map.

(Ord. of 2-18-2003, § 1601)

(a)

The provisions of these regulations shall be enforced by the building official and zoning administrator. Such officials may cause inspections of development, building and utility installation work to be made periodically during the course thereof and shall make a final inspection following completion of the work. The permittee shall assist the enforcement official in making such inspections. The city shall have the authority to conduct such investigations as it may reasonably deem necessary to carry out its duties as prescribed in this chapter, and for this purpose to enter at reasonable time upon any property, public or private, for the purpose of investigating and inspecting the sites of any use, building, or land development activities.

(b)

No person shall refuse entry or access to any authorized representative or agent who requests entry for purposes of inspection, and who presents appropriate credentials, nor shall any person obstruct, hamper or interfere with any such representative while in the process of carrying out official duties

(Ord. of 2-18-2003, § 1602; Ord. of 5-17-2005(01), § 9)

(a)

A development permit shall be required for any proposed use of land or building to indicate and ensure compliance with all provisions of these regulations before any building permit is issued or any improvement, grading, land disturbing activity or alteration of land or building commences; provided, however, that development permits for individual structures within approved single-family residential subdivisions or for single-family dwelling units on individual lots shall not be required. Approval of a preliminary plat in accordance with all applicable provisions of the subdivision regulations shall constitute approval of the development permit for each subdivision.

(b)

All development permits shall be issued by the building official only after prior approval by the zoning administrator, who shall in no case approve a development permit for the use, construction, or alteration of any land or building if the land or building as proposed to be used, constructed or altered would be in violation of any of the provisions of this chapter or any other codes and laws. Development permits shall be valid for two years from its issuance. If work described in any development permit has not begun within 120 days from the date of issuance thereof, such permit shall expire, and further work shall not proceed until a new development permit has been obtained.

(Ord. of 2-18-2003, § 1603)

(a)

No building, structure or sign, except as specifically exempted by these regulations, shall be erected, moved, extended, enlarged or structurally altered, nor shall any excavation or filling of any lot for the construction of any building be commenced until the building official has issued a building permit for such work in conformity with the provisions of these regulations.

(b)

All building permits shall be issued by the building official. In cases of uncertainty regarding whether a proposed building or structure conforms to any provisions within these regulations, the building official shall consult with the zoning administrator for his interpretation and ruling. Building permits shall become invalid unless the work authorized by it shall have been commenced within 90 days of its date of issue, or if the work authorized by it is suspended or abandoned for a period of six months or more. In any event, all building permits shall expire and become invalid 18 months after being issued.

(Ord. of 2-18-2003, § 1604)

(a)

A certificate of occupancy issued by the building official is required in advance of occupancy or use of any lot or change or extension in the use of any lot; any building or structure hereafter erected; or any change in the use of an existing building or structure.

(b)

All certificates of occupancy shall be issued by the building official, and no such certificate shall be issued unless the proposed use of a building or land conforms to the applicable provisions of these regulations. Business licenses shall not be issued until the business conforms to the regulations of the district in which it is located and a valid certificate of occupancy is issued.

(Ord. of 2-18-2003, § 1605)

(a)

Generally. Any action or inaction which violates the provisions of this chapter or the requirements of an approved site plan or permit may be subject to any or all of the enforcement actions and remedies described in this section.

(b)

Stop work order. The zoning administrator, building official or other enforcement official of the city upon learning or discovering a violation of this chapter or any approved site plan or permit issued pursuant to this chapter may immediately issue a stop work order which shall be posted on the job site and mailed to the applicant shown on the permit or approved site plan. The stop work order shall remain in effect until the applicant or other responsible person has taken the remedial measures set forth in the notice of violation or has otherwise cured the violation or violations described therein, provided the stop work order may be withdrawn or modified to enable the applicant or other responsible person to take necessary remedial measures to cure such violation or violations.

(c)

Notice of violation; issued, served to applicant or other responsible person. Prior to or concurrent with the issuance of a stop work order, if the zoning administrator, building official, or other officer responsible for inspection and enforcement of the terms of this chapter determines that an applicant or other responsible person has failed to comply with the terms and conditions of a permit, an approved site plan or the provisions of this chapter, said officer shall issue a written notice of violation to such applicant or other responsible person. Where a person is engaged in activity covered by this chapter without having first secured the appropriate permit therefor, the notice of violation shall be served on the owner or the responsible person in charge of the activity being conducted on the site.

(d)

Content of notice. Notices of violation shall contain the following:

(1)

The name and address of the owner or the applicant or the responsible person;

(2)

The address or other description of the site upon which the violation is occurring;

(3)

A statement specifying the nature of the violation;

(4)

A description of the remedial measures necessary to bring the action or inaction into compliance with the permit, the approved site plan or this chapter and the date for the completion of such remedial action, and a date set forth for completion of remedial measures, after which further enforcement action will be taken;

(5)

A statement of the penalty or penalties that may be assessed against the person to whom the notice of violation is directed; and

(6)

A statement that the determination of violation may be appealed as an administrative decision in accordance with section 113-48.

(e)

Failureof remedial measures. In the event the remedial measures described in the notice of violation have not been completed by the date set forth for such completion in the notice of violation, any one or more actions or penalties described in this section as appropriate may be taken or assessed against the person to whom the notice of violation was directed.

(f)

Withholdingor revocation of certificate of occupancy. The building official or any other enforcement officer of the city may at any time refuse to issue, or revoke, a certificate of occupancy for the building or other improvements constructed or being constructed on the site in violation of this chapter until the applicant or other responsible person has taken the remedial measures set forth in the notice of violation or has otherwise cured the violations described therein.

(g)

Suspension,revocation or modification of permit. The zoning administrator, building official, or other enforcement officer of the city may suspend, revoke or modify any permit or approval authorizing an activity or land development project. A suspended, revoked or modified permit may be reinstated after the applicant or other responsible person has taken the remedial measures set forth in the notice of violation or has otherwise cured the violations described therein, provided such permit may be reinstated (upon such conditions as the enforcement officer may deem necessary) to enable the applicant or other responsible person to take the necessary remedial measures to cure such violations.

(h)

Denialof additional permits. The city is authorized and directed to deny and withhold permits or permissions on any new project or application pursuant to this chapter where the applicant, applicant's business or agent has failed or refused to comply with this chapter.

(i)

Suspensionor revocation of business registration. The city may revoke business registrations, work permit or other authorization for the unlawful conduct of any activities within the jurisdictional boundaries of the city.

(j)

Withholdingof utility service. Any enforcement officer of the city may request or direct any utility service provider to withhold utility service to any property on which a violation is alleged to have occurred.

(k)

Penalty assessed administratively. The City of Cumming through authorized enforcement personnel may impose a penalty not to exceed $1,000.00 (depending on the severity of the violation) for each day the violation remains unremedied after receipt of the notice of violation. A penalty assessed is an action that may be appealed to the board of zoning appeals in accordance with section 113-50.

(l)

Citation. Any enforcement officer of the city shall have authority to issue citations and to prosecute violations before a court of competent jurisdiction.

(m)

Penalties. Any person, firm or corporation violating, neglecting or refusing to comply with any of the provisions of this chapter, or any site plan approval or permit issued pursuant to this chapter shall be guilty of a misdemeanor.

(Ord. of 2-18-2003, § 1606; Ord. of 5-17-2005(01), § 10)

Whenever the provisions of this chapter impose more restrictive standards than are required in or under any other statute, the provisions of this chapter shall govern. Whenever the provisions of any other statute require more restrictive standards than are required by this chapter, the provisions of such statute shall govern.

(Ord. of 2-18-2003, § 1701)

(a)

A board of zoning appeals is hereby established. The board of zoning appeals shall perform all of its duties and exercise all of its powers in such a way that the purpose and intent of the zoning regulations shall be accomplished, public health, safety and welfare secured, and substantial justice done.

(b)

The mayor and council shall serve as the board of zoning appeals. Four members present shall be required to constitute a quorum. The mayor shall serve as chairperson and shall preside over such meetings, or in the absence of the mayor, the mayor pro tem or other designated member of the board. The chairperson shall not vote except in cases of a tie vote between the other members. In cases of a tie vote and the chairperson excuses himself from voting, then such tie vote shall constitute denial of said motion, application or action. A secretary shall be appointed, or in lieu of such appointment, the city clerk shall serve as the secretary of the board of zoning appeals.

(Ord. of 2-18-2003, § 1401)

The board of zoning appeals shall meet at least one time each month at the call of the chairperson, unless there is no business to transact, or at such other times as the board of zoning appeals may determine, and all such meetings shall be open to the public. Meetings of the board of zoning appeals may be conducted on the same calendar day as a regular meeting of the mayor and council. The board shall adopt rules for the transaction of business, or in lieu of such rules, the board shall follow Robert's Rules of Order, latest edition. The board shall keep record of its findings, proceedings and official determinations, which may be a part of the minutes of any other meetings of the mayor and council, showing the vote of each member on each question, or if absent or failing to vote, indicating such fact, and such records shall be public record and available for purchase by interested parties at a reasonable cost. The board shall have the power to subpoena and require the attendance of witnesses, administer oaths, compel testimony, and the production of books, papers, files and other evidence pertinent to the matters before it. On all appeals, applications and matters before the board, such board shall inform in writing all parties involved in its decision.

(Ord. of 2-18-2003, § 1402)

(a)

The board of zoning appeals is empowered to hear and decide appeals where it is alleged in an appeal filed by an aggrieved party that there is an error in any order, requirement, decision or determination made by the zoning administrator, building official in the interpretation or enforcement of this chapter. "Aggrieved party" is defined as the applicant/owner or a neighboring landowner having a substantial interest in the outcome of the board's decision and suffering special damages as a result of the board's decision. Any appeal must be filed by an aggrieved party within five business days from the date of the action complained of by filing with the zoning administrator or his designee at his office in city hall a notice of appeal specifying the ground thereof. All papers constituting the record, upon which the action appealed from was taken, shall forthwith be transmitted to the board of zoning appeals.

(b)

The board shall select a reasonable time and place for the hearing of the appeal and give at least five business days of public notice thereof and due notice to the aggrieved party and shall render a decision in the appeal within a reasonable time.

(Ord. of 3-21-2023(2), § 3)

Editor's note— Sec. 3 of an ordinance adopted March 21, 2023, amended § 113-49 in its entirety to read as herein set out. Former § 113-49 pertained to appeals and administrative variances, and derived from ordinances adopted February 18, 2003; and March 19, 2013.

(a)

The planning commission is hereby empowered to authorize upon application in specific cases such variance from the terms of these regulations as will not be contrary to the public interest under the following circumstances:

(1)

The proposed use or development variance requested is de minimis and that the goals and intent of the chapter are being properly served;

(2)

Where, owing to special conditions, a literal enforcement of the provisions of these regulations will in an individual case, result in unnecessary hardship, so that the spirit of these regulations 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 zoning district or of permitted or nonconforming uses in other districts shall not constitute a reason for the requested variance. A variance may be granted in an individual case of unnecessary hardship, after appropriate application, upon specific findings that all of the following conditions exist. The absence of any one of the conditions shall be grounds for denial of the application for variance;

(3)

There are extraordinary and exceptional conditions pertaining to the particular piece of property in question because of its size, shape or topography that are not applicable to other land or structures in the same district;

(4)

A literal interpretation of the provisions of these zoning regulations would create an unnecessary hardship and would deprive the applicant of rights commonly enjoyed by other property owners within the district in which the property is located;

(5)

Granting the variance requested will not confer upon the property of the applicant any special privileges that are denied to other properties of the district in which the applicant's property is located;

(6)

Relief, if granted, will be in harmony with the purpose and intent of these regulations and will not be injurious to the neighborhood or general welfare in such a manner as will interfere with or discourage the appropriate development and use of adjacent land and buildings or unreasonable affect their value;

(7)

The special circumstances are not the result of the actions of the applicant;

(8)

The variance requested is the minimum variance that will make possible the legal use of the land, building, or structure; and

(9)

The variance is not a request to permit a use of land, building or structures which are not permitted by right in the district involved.

The planning commission shall have power to issue or direct the issuance of a permit pursuant to this section.

(b)

At any time before the planning commission renders a decision on an application for a variance, the zoning administrator may direct that the application be transferred to the mayor and city council for consideration by them, and shall take appropriate steps to effect such transfer. The zoning administrator should direct transfer under this paragraph if, based on the nature of the variance requested, consideration of the application by the mayor and city council would be in the public interest. The planning commission shall take no further action on the application after the zoning administrator directs the transfer, and any action taken on the application by the planning commission after such direction shall be void. Upon transfer, the mayor and council shall hold a hearing on the application that complies with section 113-114 of this chapter and shall grant or deny the variance, applying the criteria set forth in paragraph A of this section, and shall issue or direct the issuance of any necessary permit.

(Ord. of 2-18-2003, § 1404; Ord. of 5-17-2005(01), § 6; Ord. of 12-17-2019, § 4; Ord. of 3-21-2023(2), § 4)

The board of zoning appeals, in granting an appeal, and the planning commission, in granting a variance, may attach any conditions to such decision which it finds necessary to accomplish the reasonable application of the requirements of these regulations.

(Ord. of 2-18-2003, § 1405; Ord. of 3-21-2023(2), § 5)

Applications for variance shall be made in accordance with all applicable provisions of article II of this chapter

(Ord. of 2-18-2003, § 1406)

(a)

In any district where permitted, notwithstanding limitations imposed by other provisions of this division, a single-family dwelling and customary accessory buildings or any other permitted use may be erected on any single nonconforming lot of record, as defined by this division, even though such lot fails to meet the requirements for area or width, or both, applicable to the particular district involved, provided that yard dimensions/minimum required building setbacks and other requirements of the lot shall conform to the regulations for the district in which the lot is located, or a variance is obtained from the board of zoning appeals.

(b)

The nonconforming status of any nonconforming lot which does not have a building or structure erected upon it within two years of the effective date of this chapter or two years of its annexation into the city limits, whichever is later, shall expire and shall not be built upon, unless combined with other land in order to conform to this chapter.

(Ord. of 2-18-2003, § 801)

The lawful use of any building, structure, or land existing at the time of enactment of this chapter may be continued, subject to the limitations of section 113-109, even though such use does not conform with the use provisions of this article, except that the use of a principal building, structure or land containing a nonconforming use shall not be:

(1)

Changed to another nonconforming use, except that changes in ownership or tenancy of a nonconforming use are permitted.

(2)

Reestablished after discontinuance or abandonment for 30 days.

(3)

Expanded, enlarged or extended, unless such use is changed to a use permitted in the district in which such use is located.

(4)

Rebuilt, altered or repaired after damage exceeding 50 percent of the value of the building immediately prior to damage, as determined by the zoning administrator.

(5)

Moved in whole or in part to any other portion of the lot occupied by such use, except in conformity with this chapter.

Nothing in this division shall be deemed to prevent the strengthening or restoring to a safe condition any building, structure, or portion thereof, declared to be unsafe by an official charged with protecting the public safety or health, upon order of such official.

(Ord. of 2-18-2003, § 802)

A nonconforming building which contains a conforming use may be expanded, enlarged or extended, provided that any such additions meet the applicable yard and building setbacks, buffer and landscape strip requirements and all other regulations for the district in which it is located. This section shall not, however, be construed as to authorize the expansion of a nonconforming building for a use which is not permitted by the regulations for the district within which such building is located.

(Ord. of 2-18-2003, § 803)

Nothing in this division shall be deemed to require a change in the plans, construction, or designated use of any building on which actual construction was lawfully begun prior to the adoption of the ordinance from which this chapter is derived.

(Ord. of 2-18-2003, § 804)

The mayor and council may from time to time amend the number, shape, boundary or area of any district, or may amend any regulation pertaining to any district; or may amend any article or section of this chapter. The procedure for amending this chapter shall be as provided in this division.

(Ord. of 2-18-2003, § 1501)

An application to amend the text of these zoning regulations or the official zoning map may be initiated by the mayor and council, the planning commission, or any person, firm, corporation, or agency that owns property involved in an application for amendment, subject to the provisions established herein.

(Ord. of 2-18-2003, § 1502)

An application may be filed at any time by any person or entity described in section 113-107; provided, however, that if the mayor and council denies an application, no new application may be filed regarding the same zoning text amendment, the same property as shown on the official zoning map, the same conditional use approval, or the same variance for a period of one year following the denial by the mayor and council.

(Ord. of 2-18-2003, § 1503)

Any application for an amendment to this chapter, official zoning map, conditional use approval, or variance may be withdrawn, at the discretion of the person or agency initiating such a request, at any time prior to final action by the mayor and council upon written notice to the zoning administrator. Any required application fees shall be refunded to the applicant only if such application has not been prepared and submitted for advertisement as determined by the zoning administrator.

(Ord. of 2-18-2003, § 1504)

Application materials specified in this section shall be required for the following applications: amendments to the official zoning map, alterations or extensions of conditional zoning, conditional use permits, and variances or appeals to the board of zoning appeals.

(1)

An application form furnished by the zoning administrator;

(2)

A legal description of the property to be considered in the application. The legal description shall be by metes and bounds unless an alternative legal description is accepted by the zoning administrator. A plat of survey of the property by a state-registered land surveyor shall be submitted with the application;

(3)

A letter of intent which describes general characteristics of the proposed development such as type and timeframe of development, background information in support of such application, and any other information deemed pertinent by the applicant. For variance applications, the letter of intent shall address the criteria specified in section 113-50. For zoning map amendment applications, the letter of intent shall address the standards specified in section 113-112. For conditional use permit applications, the letter of intent shall address the standards specified in section 113-113;

(4)

A site plan with all information specified in section 113-111. Unless otherwise noted in the approval, the site plan submitted in support of an approved application shall be considered a part of the approval and must be followed;

(5)

A fee for said application as established in section 12-113;

(6)

Applications which require action by the mayor and council shall also require disclosure of any conflicts of interest as specified in O.C.G.A. § 36-67A-1 et seq.;

(7)

The applicant shall submit any proposed conditions or performance standards, including, but not limited to, those for PUD rezoning applications, five business days prior to the planning commission meeting at which there is to be a public hearing on the application. The failure to submit conditions or performance standards may result in delay of the application's consideration and additional fees as necessary for re-advertisement and public notice.

Applicants shall [submit] an electronic copy (on a USB compatible drive) and three hard copies of any required site plans, development plans, letters of intent, and any other application requirements specified by this section to the zoning administrator for distribution to the applicable bodies and/or review agencies. The zoning administrator may require more or less hard copies depending on the nature and extent of required review.

(Ord. of 2-18-2003, § 1505; Ord. of 5-17-2005(01), § 14; Ord. of 12-17-2019, § 2)

All site plans required by this division shall, at a minimum, contain the following information:

(1)

Title of the proposed development and the name, address, and telephone number of the property owner.

(2)

The name, address and telephone number of the architect, engineer, or other designer of the proposed development.

(3)

Scale, date, north arrow, and general location map showing relationship of the site to streets or natural landmarks.

(4)

Boundaries of the subject property, all existing and proposed streets, including right-of-way and street pavement widths; buildings; watercourses; parking and loading areas; and other physical characteristics of the property and proposed development.

(5)

Building setbacks and any required buffers and landscape strips.

(Ord. of 2-18-2003, § 1506)

The applicant, staff, planning commission and mayor and council should review an application for zoning map amendment with regard to the following criteria:

(1)

The existing land use pattern;

(2)

The possible creation of an isolated district unrelated to adjacent and nearby districts;

(3)

The population density pattern and possible increase or overtaxing of public safety or the load on public facilities including, but not limited to, schools, utilities and streets;

(4)

The cost of the local government in providing, improving, increasing or maintaining public utilities, schools, streets and public safety measures;

(5)

Impact on the environment, including, but not limited to, drainage, soil erosion and sedimentation, flooding, air quality and water quality and quantity;

(6)

Whether the proposed change will be a deterrent to the value or improvement of development of adjacent property in accordance with existing regulations;

(7)

Whether there are substantial reasons why the property cannot be used in accordance with existing zoning;

(8)

The aesthetic effect of existing and future use of the property as it relates to the surrounding area;

(9)

The extent to which the zoning decision is consistent with the comprehensive plan of the city;

(10)

Any other factors relevant to the balancing interest in promoting the public health, safety, morality, or general welfare against a right to unrestricted use of property.

(Ord. of 2-18-2003, § 1507)

The applicant, staff, planning commission and mayor and council should review applications for conditional uses with regard to the following criteria:

(1)

Off-street parking and loading facilities are adequate in terms of location, amount and design to serve the use.

(2)

The number, size and type of signs proposed are compatible with the surrounding area.

(3)

The amount and location of open space and the provision of screening is such that buffering of incompatible uses is achieved.

(4)

Ingress and egress to the property is suitable and safe, and the effect of the proposed activity on traffic flow along adjoining streets is not adverse.

(5)

The location and intensity of outdoor lighting is such that it does not cast light on adjacent, adjoining or neighboring properties.

(6)

Hours and manner of operation of the proposed use are not inconsistent with adjacent and nearby uses.

(7)

Public facilities and utilities are capable of adequately serving the proposed use.

(8)

The proposed use will not have a significant adverse effect on the level of property values or the general character of adjacent land uses or the general area.

(9)

The physical conditions of the site, including size, shape, topography and drainage, are suitable for the proposed development.

(10)

The proposed use is consistent with the goals and objectives of the comprehensive plan.

The staff, planning commission and mayor and council may consider other factors deemed relevant before formulating recommendations and taking action on a particular conditional use application.

(Ord. of 2-18-2003, § 1508)

(a)

This section shall apply to all applications for a zoning decision or decision by a quasi-judicial officer, board, or agency, as those terms are defined in O.C.G.A. § 36-66-3(1.1) and (4), respectively.

(b)

Upon receipt of a completed application, fees and other information required by this division, the zoning administrator shall cause notice of such application to be published at least one time in a newspaper of general circulation in the community at least 15 days (or 30 days in the case of a quasi-judicial decision), but not more than 45 days, prior to the date of public hearing before the mayor and council. Such published notice shall include, as a minimum, the purpose, location, date and time of the public hearing, the purpose, location, date and time of the public hearing before the planning commission, if the planning commission is required by this section to hold a public hearing on the matter, the location of the property being considered, the present zoning classification of the property, and proposed action to be taken, as appropriate, such as proposed zoning district, type of conditional use, variance to particular articles and sections, and so forth. Whenever published notice is required by this paragraph, additional notice shall be mailed to the owner of the property that is the subject of the proposed action. The applicant shall also cause to be posted in a conspicuous place on said property one or more signs, each of which shall contain the information specified for published notices. The sign shall be obtained by the zoning administrator. The applicant shall document the placement of the sign with digital photographs submitted to the zoning administrator electronically as directed. Signs shall be returned to the City of Cumming after the completion of any required public hearings, and failing such, the applicant shall pay an administrative charge in the amount of $100.00 for sign replacement as a condition of receiving any permits for development or building activities. No public hearing shall take place until any required sign or signs have been posted for at least 15 days, but not more than 45 days, prior to the date of the public hearing.

(c)

Except as provided in paragraph (e) of this section, hearings shall be held before the following bodies: The mayor and city council shall hold at least one public hearing on any application for a zoning decision or quasi-judicial decision not delegated to another official, board, or agency, as those terms are defined in O.C.G.A. § 36-66-3(1.1) and (4), respectively, and no action shall be taken on said applications until a public hearing has been held by the mayor and council. The planning commission shall hold a public hearing on amendments to the official zoning map, requests for conditional use approval, requests for alteration or extension of conditional zoning, and applications for variances, but the planning commission shall not have review authority and shall not be required to advertise for or hold public hearings for appeals, and amendments to the text of these zoning regulations. The board of zoning appeals shall hold a public hearing on any matter appealed to it, and no action shall be taken on said matter appealed until a public hearing has been held by the board of zoning appeals.

(d)

Public hearings may be delayed, rescheduled, or continued at another time and date; provided announcement is given at the time and place of the initially scheduled and advertised public hearing; and provided such date, time and location of the public hearing to be delayed, rescheduled or continued is given. A delay, rescheduling or continuance of a public hearing may be granted for good cause by the planning commission, mayor and council, or board of zoning appeals upon request from the applicant, request from the zoning administrator, or upon motion of the planning commission, mayor and council, or board of zoning appeals. Any additional advertising or signage costs incurred as a result of a delay, rescheduling or continuance shall be borne by the applicant. The failure of the applicant to attend or be represented at a public hearing may be grounds for denial by the mayor and council or board of zoning appeals.

(e)

Notwithstanding any other provision of these regulations, when a proposed zoning decision relates to an amendment of a zoning ordinance to revise one or more zoning classifications or definitions relating to single-family residential uses of property so as to authorize multifamily uses of property pursuant to such classification or definitions, or to grant blanket permission, under certain or all circumstances, for property owners to deviate from the existing zoning requirements of a single-family residential zoning, such zoning decision may only be adopted in compliance with the notice and multiple-hearing requirements of O.C.G.A. § 36-66-4(h), which are hereby incorporated into this section. The zoning administrator shall be responsible for carrying out the notice requirements of that provision, and is hereby empowered to take any appropriate action to that end.

(Ord. of 2-18-2003, § 1509; Ord. of 5-17-2005(01), § 7; Ord. of 12-17-2019, § 3; Ord. of 3-21-2023(2), § 6)

The zoning administrator will, as appropriate, customarily submit to the recommending and/or decision-making body, prior to a scheduled public hearing, copies of the site plan and letter of intent along with a written recommendation for approval, disapproval, deferral, withdrawal or other recommendation. Such recommendation shall include reasons for said recommendations, considered within the context of the appropriate criteria as specified by this division. The recommendations of the zoning administrator shall have an advisory effect only and shall not be binding on the mayor and council or planning commission. Copies of the zoning administrator's recommendations shall be made available to the applicant and other interested parties upon completion and distribution to the appropriate bodies and at the public hearing.

(Ord. of 2-18-2003, § 1510; Ord. of 3-21-2023(2), § 7)

(a)

Prior to the public hearing held by the mayor and council on an amendment to the official zoning map, conditional use permit application, or applications for alteration or extension of conditional zoning, or prior to the first such hearing if multiple hearings are required under section 113-114(e) of this chapter, the planning commission shall hold a public hearing and conduct appropriate study of the application.

(b)

After completing its studies of the particular application, the planning commission shall submit a recommended action in writing to the mayor and council. The planning commission may submit any additional report it deems appropriate. The recommendations of the planning commission shall have an advisory effect only and shall not be binding on the mayor and council or the board of zoning appeals. Copies of the planning commission's recommendations and reports shall be made available to the applicant and other interested parties upon completion and distribution to the mayor and council and at the public hearing before the mayor and council.

(c)

For applications for which the planning commission has review authority, it shall have 30 days within which to submit its recommendations. The mayor and council shall not take action on any of said applications, until it has received the recommendation of the planning commission within the specified time period. If the planning commission fails to submit a recommendation within the 30-day period, it shall be deemed to have approved the proposed application.

(Ord. of 2-18-2003, § 1511; Ord. of 5-17-2005(01), § 8; Ord. of 3-21-2023(2), § 8)

All public hearings regarding applications considered by the board of zoning appeals, planning commission and the mayor and council shall be held in accordance with any procedures adopted by such body and, in addition, shall be governed by the following procedure:

(1)

The presiding officer shall open the hearing by stating the specific application being considered at the public hearing. At this time the presiding officer may summarize the public hearing procedures.

(2)

The zoning administrator will present a description of the proposed application, any applicable background material, his recommendation regarding action on said application as appropriate, and the recommendations and reports of the planning commission as appropriate.

(3)

The applicant will be asked to speak first, followed by other persons, if any, in support of the application. In order for a person in attendance to speak, the chair must recognize him. Upon rising to speak the person recognized will first identify himself. The chair may also request that the person furnish a home or business street address, as appropriate. Persons speaking in favor of the application shall be allowed ten minutes total time for their initial presentation. The chair may extend this time in his discretion.

(4)

Persons who oppose the application will be asked to comment next in the same manner as identified in subsection (3) of this section. Persons speaking in opposition to an application shall be allowed ten minutes total time for their presentation. The chair may extend this time in his discretion.

(5)

The applicant and/or representative of the applicant shall have no more than two minutes to present summary or rebuttal remarks, if any. The chair may extend this time in his discretion.

(6)

Upon the completion of any comments from interested parties and the applicant, the public hearing shall be closed.

(7)

All public comments having been heard, the members of the body considering the application may discuss the request among themselves. During this discussion period, the members of the body may call on the applicant or other interested parties to clarify points made previously or to answer questions. Such applicant or interested parties may respond upon recognition.

(Ord. of 2-18-2003, § 1512)

After the public hearing has been completed, the mayor and council may take action to approve or deny the request, refer the application back to the zoning administrator or planning commission for further study, or the mayor and council may table or defer action until a later meeting. The planning commission, after the public hearing has been completed, may take action to recommend approval or denial of the request, or defer action until a later meeting. The board of zoning appeals, after the public hearing has been completed, may take action to approve or deny the request, or defer action until a later meeting. In any instance when the mayor and city council are required to hold multiple preliminary hearings under section 113-114(e) of this chapter, the mayor and council shall not take any action on the matter until all such hearings have been completed.

(Ord. of 2-18-2003, § 1513; Ord. of 3-21-2023(2), § 9)

The zoning administrator and planning commission may recommend, and the mayor and council may approve, applications for zoning map amendments and conditional use permits subject to certain conditions. Such conditions of approval may reduce the number or type of permitted uses, limit the nature or scope of permitted uses, restrict certain activities on the property, restrict the number and kind of improvements which can be made on the property, stipulate specific acts which the property owner will perform, or any other conditions directly related to the physical use of land and which are designed to render the proposed zoning or use compatible with nearby properties.

(Ord. of 2-18-2003, § 1514)

All decisions of the mayor and council pursuant to this chapter, and all decision on applications for variances by the planning commission pursuant to this chapter, are final and subject to judicial review in the superior court of the county in accordance with O.C.G.A. § 36-66-5.1. Whereas O.C.G.A. § 36-66-5.1(c) requires local governments to designate officials to receive service of a petition for review of a quasi-judicial decision and to perform other acts required by that paragraph, the following are hereby designated:

(1)

The chairman of the planning commission, pursuant to O.C.G.A. § 36-66-5.1(c)(1); and

(2)

The mayor, pursuant to O.C.G.A. § 36-66-5.1(c)(2).

(Ord. of 3-21-2023(2), § 10)

Editor's note— Sec. 10 of an ordinance adopted March 21, 2023, amended § 113-120 in its entirety to read as herein set out. Former § 113-120 pertained to appeals; manner of review, and derived from ordinances adopted February 18, 2003; and April 19, 2016.