(a)

The provisions of this chapter shall be administered and enforced by the community development director of the city who is hereby given the authority to perform these functions. The community development director shall serve as the zoning enforcement officer. The zoning enforcement officer and/or his designee duties shall include:

(1)

Receiving applications;

(2)

Inspecting premises.

(b)

The provisions of the ordinance shall be administered by the zoning enforcement officer and enforced in coordination with the city marshal, with the powers provided in the laws of the State of Georgia and in the chapter and resolutions of the City of Dallas. For the propose of serving citations for violations of this ordinance, such citations may be referred to the City Marshal's Bureau of the City of Dallas for service.

(Ord. No. OA-2023-04, 7-10-2023; Ord. No. OA-2023-15, § I, 11-6-2023)

Editor's note— Ord. No. OA-2023-15, adopted November 6, 2023, deleted § 44-24, which pertained to the land disturbance and/or building permit required, and derived from Ord. No. OA-2023-04, adopted July 10, 2023.

Editor's note— Ord. No. OA-2023-15, adopted November 6, 2023, deleted § 44-25, which pertained to application for building permit, and derived from Ord. No. OA-2023-04, adopted July 10, 2023.

Editor's note— Ord. No. OA-2023-15, adopted November 6, 2023, deleted § 44-26, which pertained to construction progress, and derived from Ord. No. OA-2023-04, adopted July 10, 2023.

Editor's note— Ord. No. OA-2023-15, adopted November 6, 2023, deleted § 44-27, which pertained to certificate of occupancy required, and derived from Ord. No. OA-2023-04, adopted July 10, 2023.

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 or plan upon which the building permit was issued. The zoning enforcement officer shall state in writing the reasons for denying such certificate of occupancy.

(Ord. No. OA-2023-15, § I, 11-6-2023)

Records of applications shall be kept on file in the office of the community development director and copies shall be furnished on request to any person having a proprietary or tenancy interest in the building or land involved.

(Ord. No. OA-2023-15, § I, 11-6-2023)

In case any building is erected, constructed, reconstructed, altered, repaired, converted, or maintained, or any building or land is used in violation to this chapter, the community development director, or any other appropriate city authority or any person who would be damaged by such violation, in addition to other remedies, may institute injunction mandamus, or other appropriate action in proceeding to prevent the violation in the case of each building or use of land.

(Ord. No. OA-2023-15, § I, 11-6-2023)

Any action or inaction which violates the provisions of this article may be subject to the enforcement actions outlined in this section. Any such action or inaction which is continuous with respect to time is deemed to be a public nuisance and may be abated by injunctive or other equitable relief. The imposition of any of the penalties described in section 44-34 shall not prevent such equitable relief.

(Ord. No. OA-2023-15, § I, 11-6-2023)

If the city determines that an applicant or other responsible person has failed to comply with the terms and conditions of the provisions of this article, it shall issue a written notice of violation to such applicant or other responsible person.

Where a person is engaged in an activity covered by this article without having first secured approval 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. The notice of violation shall contain:

(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 of this article and the date for the completion of such remedial action;

(5)

A statement of the 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 to the city by filing a written notice of appeal within 30 days after the notice of violation; except, that in the event the violation constitutes an immediate danger to public health or public safety, 24 hours' notice shall be sufficient

(Ord. No. OA-2023-15, § I, 11-6-2023)

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 of the actions or penalties in this section may be taken or assessed against the person to whom the notice of violation was directed. Before taking any of the actions or imposing any of the penalties as set forth in this section, the city shall first notify the applicant or other responsible person in writing of its intended action, and shall provide a reasonable opportunity of not less than ten days (except, that in the event the violation constitutes an immediate danger to public health or public safety, 24 hours' notice shall be sufficient) to cure such violation. In the event the applicant or other responsible person fails to cure such violation after such notice and cure period, the city may take any one or more of the following actions or impose any one or more of the following penalties:

(1)

Stop work order. The city may issue a stop work order which shall be served on the applicant or other responsible person. 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 the necessary remedial measures to cure such violation or violations.

(2)

Withhold certificate of occupancy. The city may refuse to issue a certificate of occupancy for the building or other improvements constructed or being constructed on the site until the applicant other responsible person has taken the remedial measures set forth in the notice of violation or has otherwise cured the violations described therein.

(3)

Suspension, revocation or modification of permit. The city may suspend, revoke or modify any authorized permit. 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 city may deem necessary) to enable the applicant or other responsible person to take the necessary remedial measures to cure such violations.

(4)

Civil penalties. In the event the applicant or other responsible person fails to take the remedial measures set forth in the notice of violation or otherwise fails to cure the violations described therein within ten days, or such greater period as the city shall deem appropriate (except, that in the event the violation constitutes an immediate danger to public health or public safety, 24 hours' notice shall be sufficient) after the city has taken one or more of the actions described in subsections (1) through (3) of this section, the city 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.

(5)

Criminal penalties. For intentional and flagrant violations of this article, the city may issue a citation to the applicant or other responsible person requiring such person to appear in municipal court to answer charges for such violation. Upon conviction, such person shall be punished by a fine not to exceed $1,000.00 or imprisonment for 60 days or both. Each act of violation and each day upon which any violation shall occur shall constitute a separate offense.

(Ord. No. OA-2023-04, 7-10-2023)

A board of zoning appeals is hereby established. Said board shall consist of three members appointed by the city council for overlapping terms of three years. Initial appointment shall be as follows: one member for one year, one member for two years, and one member for three years. Each successive appointment shall be for three years.

Any vacancy in the membership of the board of zoning appeals shall be filled for the unexpired term in the same manner as the initial appointment.

Members shall be removable for cause by the city council upon written charges and after public hearing.

Members shall receive a payment per meeting to allow for expenses incurred in performing their duties; payment schedule maintained by the clerk in a separate schedule.

(Ord. No. OA-2023-04, 7-10-2023)

The board of zoning appeals shall elect a chairperson and a vice chairperson from its members who shall serve for one year or until reelected or until their successors are elected. The board shall appoint a secretary, who may be a municipal officer, an employee of the city, or a member of the planning commission. The board shall adopt rules and bylaws in accordance with the provisions of this chapter. Meetings of the board shall be held at the call of the chairperson and at such other times as the board may determine. The chairperson, or in his absence, the vice chairperson, may administer oaths and compel the attendance of witnesses by subpoena. The 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 board and shall be a public record. All meetings of the board of zoning appeals shall be open to the public.

(Ord. No. OA-2023-04, 7-10-2023)

The board of zoning appeals 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 zoning enforcement officer in the enforcement of this chapter.

(2)

Variances. 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 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 such individual case of unnecessary hardship upon a finding by the board of zoning appeals 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.

(Ord. No. OA-2023-04, 7-10-2023; Ord. No. OA-2023-15, § I, 11-6-2023)

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

(Ord. No. OA-2023-04, 7-10-2023)

Application for a hearing and decision or requests for variances, appeals and special exceptions shall be filed with the city (on forms it shall provide) at least 20 working days prior to the meeting at which they are to be heard, along with a nonrefundable fee as set forth in the schedule of fees and charges on file in the office of the city clerk, and may be amended from time to time as needed, by the mayor and city council of Dallas, Georgia.

Each application shall contain such information as may be required to enable the board to make its decision. Each application for a variance shall include a plat drawn to scale showing the following information:

(1)

All property lines, with dimensions;

(2)

Location of buildings and other structures, creeks, and easements referenced to the property line of the tract;

(3)

North arrow, sheet number, lot and parcel number from the county tax sheets;

(4)

Location of setback lines or other dimensional requirements from which the variance is sought;

(5)

Location and distance of structures, creeks, and easements on adjacent property.

(Ord. No. OA-2023-04, 7-10-2023)

An appeal stays all legal proceedings in furtherance of the action appealed from, unless the community development director certifies to the board of zoning appeals after the notice of appeal shall have been filed with the community development director, that by reason of facts stated in the certificate a stay would, in their 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 board of zoning appeals or by a court of record on application, on notice to the community development director, and on due cause shown.

(Ord. No. OA-2023-04, 7-10-2023; Ord. No. OA-2023-15, § I, 11-6-2023)

In exercising its powers, the board of zoning appeals may, in conformity with the provisions of this chapter, reverse or affirm, wholly or partly, or may modify the order, requirements, decision, or determination, and to that end shall have all the powers of the community development director. The concurring vote of two members of the board shall be necessary to reverse any order, requirements, decision or determination of the community development director, or to decide in favor of the applicant on any matter upon which it is required to pass under this chapter or to affect any variation of this chapter. On all appeals, applications and other matters brought before the board of zoning appeals, said board shall inform, in writing, all the parties involved of its decisions and the reasons therefor. Recourse from a decision by the board of zoning appeals shall be to a court of competent jurisdiction in such matters.

(Ord. No. OA-2023-04, 7-10-2023; Ord. No. OA-2023-15, § I, 11-6-2023)

This chapter, including the city zoning maps, may be amended from time to time, but no amendment, other than by annexation ordinance, shall become effective unless a public hearing has been held in accordance with O.C.G.A. § 36-66-4. The city and the city planning commission shall ensure that the general public and property owners are afforded due process in the city's regulation of the uses of property through the city zoning powers. This shall be accomplished by the procedures and regulations in this division. Action shall not be initiated for a zoning map amendment affecting the same parcel of property more often than once every six months.

(Ord. No. OA-2023-04, 7-10-2023)

(a)

Before enacting an amendment to the ordinance from which this chapter is derived or to the city zoning maps, a public hearing must be held by the mayor and council of the city in accordance with O.C.G.A. § 36-66-4, as now adopted or hereafter amended. At least 15 days but not more than 45 days prior to the date of the public hearing, the city shall cause to be published within a newspaper of general circulation within the territorial boundaries of the city, a notice of the hearing. The notice shall state the date, time, place and purpose of the hearing.

(b)

If the amendment is to the city zoning maps, then the published notice shall also include, in addition to the items in subsection (a) of this section, the location of the property to be rezoned, the present zoning classification and the proposed zoning classification of the property to be rezoned and at least 15 days prior to the hearing, there shall be a sign placed in a conspicuous location on the property or public right-of-way adjacent to the property to be rezoned that shall contain the following information:

City Zoning Notice

Name of owner _______

Address of property _______

Present zoning _______

Proposed zoning _______

For additional information, please call the Dallas City Hall at _______

(c)

If an application for an amendment to the city zoning maps is voluntarily withdrawn prior to a final decision by the mayor and council of the city or if the application is not approved by the mayor and council of the city, then the same property cannot be resubmitted for consideration for an amendment until the expiration of at least six months from the date of disapproval or withdrawal. Any reapplication must abide by the same public notice procedures as stated in subsections (a) and (b) of this section.

(d)

All public hearings held before the mayor and council or the city planning commission in regard to each zoning decision shall be conducted under the following procedures:

(1)

The public hearing shall be called to order by the mayor or by the presiding officer;

(2)

The mayor or presiding officer shall explain the procedures to be followed in the conduct of any public hearing on a proposed zoning decision;

(3)

For each proposed zoning decision, if the subject of the public hearing is a rezoning request initiated by a petitioner other than the mayor and council, then the petitioner, or his representative, shall first present and explain the request for the rezoning. If the request for rezoning is initiated by the city, or if the request is a zoning ordinance amendment, then the city manager shall present and explain the request on behalf of the city. Thereafter, all individuals that desire to speak in favor of the request shall be permitted to speak. The petitioner and those speaking in favor of the request shall be limited to 15 minutes total time for their presentation of data, evidence and opinion;

(4)

For any proposed zoning decision, after all persons in favor of the request have spoken, then all individuals who desire to speak in opposition to the request or amendment, shall have the opportunity to do so. All persons speaking in opposition to the application shall be limited to 15 minutes total time for their presentation of data, evidence and opinion;

(5)

When any person desires to speak, he shall first raise his hand and be recognized by the mayor or presiding officer, then stand and state his name and address and then shall make whatever comment that he has that is appropriate to the issue;

(6)

Thereafter, the mayor or presiding officer shall declare the public hearing closed and either another public hearing shall be commenced for the next request, or the regular business session of the mayor and council or the city planning commission shall be convened.

(Ord. No. OA-2023-04, 7-10-2023)

An application for amendment to the zoning maps may be initiated by the city planning commission or be submitted by the mayor and council to the planning commission, or by any person who owns property within the city. Unless initiated by the city council or by the city planning commission, all applications for zoning map amendments must be submitted by the owner of such property or by an authorized agent of the owner. An application for an amendment affecting the same property shall not be submitted more often than once every six months; however, this provision shall not apply to those properties affected by an amendment filed by the city council or by the city planning commission. The official zoning maps of the city shall be kept by the city clerk of the city and all approved amendments shall be shown on the official zoning maps.

(Ord. No. OA-2023-04, 7-10-2023)

(a)

Each application to amend the official zoning maps shall be filed with the city manager and/or his designee.

(b)

Each application shall be submitted under the following conditions and shall contain the following information:

(1)

A legal description of the tracts proposed to be rezoned, or referenced to the county tax sheet records;

(2)

A plat showing the dimensions (metes and bounds), acreage, and location of the tracts prepared to scale;

(3)

The present and proposed zoning classification for the tracts;

(4)

The name and address of the owners of the land and their agents, if any; and

(5)

Such other information as may be essential for determining whether the provisions of this chapter are being observed.

(c)

It shall meet the applicable development standards for the district for which application is made.

(d)

An application shall be submitted to the city manager and/or his designee at least 60 days prior to the date on which it is to be considered by the planning commission. It shall be accompanied by a nonrefundable fee, as determined by resolution of the mayor and council of the city, to defray the public expense of processing the application. A fee shall not be charged if an official governmental agency files the application.

(e)

The applicant shall present a map showing the location of the property for which an application is submitted, and its relationship to adjoining properties and public facilities and services.

(f)

An application may not be withdrawn or amended by the applicant after the legal advertising as required by this chapter shall have first appeared. However, the city council may allow an application to be withdrawn subject to the six-month limitation of this section. The city council may amend an application prior to acting thereon, but only to reduce its size, or change the district requested to a less intensive or lower density district than that requested or by requiring that certain conditions contained in section 44-240 be made a part of the rezoning decision.

(Ord. No. OA-2023-04, 7-10-2023)

The city manager or his designated representative, upon receiving an application for rezoning of an area or a particular piece of property shall do the following:

(1)

Consult with other departments of the city, county and/or state to fully evaluate the impact of any zoning change upon public facilities and services including, but not limited to, schools, drainage, traffic, water, sewer, etc.;

(2)

Study each application with references to its appropriateness and effect on existing, proposed and/or projected land use;

(3)

Report to the city planning commission and the city council the results of the studies set forth in this subsection.

(Ord. No. OA-2023-04, 7-10-2023)

(a)

So that the purpose of this chapter will be served and so that health, public safety and the general welfare will be secured:

(1)

The mayor and council of the city in its decision on an application for a proposed amendment may, in its legislative discretion:

a.

Approve or deny the application for a proposed amendment as submitted;

b.

Defer a decision until a specific meeting date; or

c.

Require an applicant to file a site plan or other plans regarding the proposed project development and defer action until a later date;

whether a valid withdrawal of the application has been made by the applicant.

(2)

The mayor and council may also require that:

a.

The land areas for the proposed amendment be reduced;

b.

The zoning district be changed to one other than requested; and/or

c.

Zoning conditions be added or deleted, as the mayor and council may deem appropriate.

(b)

Whenever the city shall exercise its zoning powers, either through a recommendation by the city planning commission or by the mayor and council in approving or disapproving the application, 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)

Existing land use and zoning classification of nearby and adjacent properties;

(2)

Whether the zoning proposed will permit a use that is suitable in view of the use and development of nearby and adjacent properties;

(3)

Whether the zoning proposed will adversely affect the existing use or usability of nearby or adjacent properties;

(4)

Whether the property to be affected by the zoning proposed has a reasonable economic use as currently zoned;

(5)

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

(6)

Whether there are other existing or changing conditions affecting the use and development of the property which give supporting grounds for either approval or disapproval of the zoning proposed;

(7)

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

(8)

The extent to which property values are diminished by existing zoning classification, as compared to the health, safety, morals or general welfare of the public; and

(9)

Whether the zoning proposed conforms with the policy and intent of an adopted land use plan.

(Ord. No. OA-2023-04, 7-10-2023)

(a)

A local official, including planning commission members, who has a property interest in any real property affected by a rezoning action upon which that official is authorized to vote; or has a financial interest in any business entity which has a property interest in any real property affected by rezoning action upon which that official is authorized to vote; or has a member of the family that has a property interest or financial interest in a business that has a property interest in any real property affected by a rezoning action upon which that official is authorized to vote shall immediately disclose the nature and extent of such interest, in writing to the mayor and council of the local government in which the local government official is a member. Such disclosures shall be a public record and available for public inspection at any time during normal business hours.

(b)

When any applicant for rezoning action has made, within two years immediately preceding the filing of that applicant's application for the rezoning action, campaign contributions aggregating $250.00 or more or made gifts having in the aggregate value of $250.00 or more to a local official of the local government which will consider the application, then it shall be the duty of the applicant and the attorney representing the applicant to file a disclosure report with the mayor and council of the local government in accordance with O.C.G.A. § 36-67A-3 as now adopted or hereafter amended.

(c)

Any applicant who knowingly violates subsection (b) of this section or a local government official who knowingly violates subsection (a) of this section shall be guilty of a misdemeanor in accordance with O.C.G.A. § 36-67A-4.

(Ord. No. OA-2023-04, 7-10-2023)