On a day-to-day basis this chapter's provisions shall be administered by the building inspector, who shall have the following duties with respect to such administration:

(1)

Issuance of permits. Supervise the issuance of development and building permits so as to make sure that all new development and construction complies with this chapter. The building inspector should have permits reviewed, or at least comments regarding a permit application, ready for an applicant within 15 days.

(2)

Variances. Grant administrative variances (except for density and use variances) from the development standards of this chapter where, for reason of narrowness, shallowness, shape, the need to use septic tanks, topographic conditions or other conditions of the property, strict application of the development standards would result in practical difficulties to, or undue hardship upon, the property owner. In granting a variance, the building inspector may attach thereto any conditions that may be deemed advisable so that the purpose of this chapter will be served, public safety and welfare secured and substantial justice done. The authority to grant variances shall be limited in scope when related to the following variance requests:

a.

Front, side or rear yard: The variance shall not exceed 50 percent of the minimum district requirements.

b.

Distance between buildings on same lot: The variance shall not exceed ten feet.

c.

Parking: The variance shall not exceed 50 percent of that required.

d.

No parking allowed in a required front yard in an O-I district: The variance may be approved to grant parking in a required front yard if a ten-foot buffer area is retained between future street right-of-way and parking area.

e.

Minimum single-family lot area required to be above and spaced a distance of the dwelling unit from intermediate regional flood contour elevation: The variance shall be limited to reducing the minimum single-family lot area required to be above the intermediate regional flood contour elevation to 50 percent and the distance of a dwelling unit from the intermediate regional flood contour elevation to the minimum yard requirements of applicable zoning districts, and only upon written approval of the county engineer and/or sanitarian.

(3)

Inspections. Make field inspections to determine that the building, construction or structural alteration or use is being pursued in accordance with the site plan for which a development or building permit has been issued and in compliance with this chapter. These inspections and reports of findings shall be made as soon as practicable after inspection is requested by the developer. When a violation is found to exist, the building inspector shall immediately advise the chairman of the city council of the violation so that appropriate legal action may be taken to ensure compliance.

(4)

Certificate of occupancy. Ensure that all construction has been completed in accordance with all applicable laws and requirements prior to allowing occupancy by way of issuance of a certificate of occupancy, which authority shall include the right to refuse to allow hookup to public utilities until compliance has been obtained. The code enforcement officer shall have the primary authority and responsibility to investigate complaints about noncompliance with this chapter and to notify the building inspector of any violation so that appropriate legal action may be taken.

(Ord. of 3-20-2006)

A development permit shall be required for any proposed use of lands or buildings, if the building inspector requires, to indicate and ensure compliance with all provisions of this chapter before any building permit is issued or any improvements, grading or alteration of lands or buildings commences. Notwithstanding the foregoing, approval of a comprehensive site land disturbance permit, approval of a preliminary/final plat in accordance with all applicable provisions of the subdivision regulations and approval of a planned development shall constitute approval of the development permit for such subdivision or development, and development permits for individual structures within this approved subdivision or planned development shall not be required to be presented with an application for a development permit for a single-family dwelling unit on an individual lot or tract not part of an approved subdivision or planned development.

(1)

Application. All applications for a development permit shall be made to the building inspector and shall be accompanied by complete plans drawn to scale, in duplicate, and signed by the author with his address, showing the actual shape and dimensions of the lot to be built upon, the exact sizes and locations on the lot of the buildings and accessory buildings then existing and the lines within which the proposed building or structure shall be erected or altered, the existing or intended use of each building or part of building, the number of families or housekeeping units the building is designed to accommodate and such other information with regard to the lot and neighboring lots as may be necessary to determine and provide for the enforcement of this chapter. One copy of these plans shall be returned to the owner when these plans shall have been approved.

(2)

Issuance. All development permits shall be issued by the building inspector, who shall in no case grant any 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, conditions of zoning imposed upon the property, or any other codes and laws of the city or the state, except as provided in this section.

(3)

Duration of validity. A development permit shall be valid for one year from its issuance, subject to the following provisions. If the work described in any development permit has not begun within 90 days from the date of issuance thereof, this permit shall expire. If the work described in any development permit has not been substantially completed within one year of the date of issuance thereof, this permit shall expire. Written notice of the expiration shall be given to the persons affected, together with notice that further work as described in the cancelled permit shall not proceed until a new development permit has been obtained. The foregoing expiration provisions shall not apply to a planned development, which instead must be substantially completed within five years.

(Ord. of 3-20-2006)

It shall be unlawful for any building to be located, erected, moved, expanded or structurally altered for a cost in excess of $1,000.00 unless a permit is specifically required herein (ex. temporary electrical pole, moving building on or across public thoroughfares, etc.) without obtaining a building permit issued by the building inspector in conformity with this chapter. All permits issued shall be conspicuously posted and displayed on the premises described in the permit during construction or reconstruction. Any building permit shall automatically expire six months from the date of issuance if construction is not substantially complete. Construction or reconstruction not in compliance with the building permit issued, or without a building permit as required in this section, shall constitute a misdemeanor for which the violator, if found guilty, may be punished as provided by law. Each day upon which a violation occurs shall be considered a separate offense under this section. Building permit applications shall be accompanied by two copies of a dimensional sketch or preliminary site plan, signed by the owner or his authorized agent, and include at a minimum the following:

(1)

Lot dimensions with property line monuments located thereon;

(2)

Shape, size, height and location of the structures 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;

(3)

Easements (public and private);

(4)

Watercourses;

(5)

Fences;

(6)

Street names and street right-of-way lines;

(7)

Other information regarding abutting property as directly affects the application; and

(8)

Identity of owner and location by tax map and parcel number, verified by the tax office on the permit form.

(Ord. of 3-20-2006)

(a)

Building permits, as issued by the building official, shall be required for:

(1)

The erection or construction of any building or structure and the adding to, enlarging, repair, improving, altering, covering or extending of any building or structure;

(2)

The moving of any building or structure within, into, through, or out of the city/county;

(3)

The demolition of any building or structure;

(4)

The erection, remodeling, relocating, repair, altering or removal of any sign; or

(5)

The installation or alteration of a swimming pool.

(b)

Electrical permits, as issued by the building official, shall be required for the installation, repair, alteration, addition to or changing of any electrical wires, fixtures, apparatus, raceways, conduit or any part thereof, which generates, transmits, transforms or utilizes electrical energy in any form for lights, heat or power.

(c)

Plumbing permits, as issued by the building official, shall be required for the installation, repair, alteration, addition to or changing of any plumbing system or appurtenances thereto, domestic water supply or distribution systems, plumbing fixtures and traps, sanitary and storm sewers, liquid waste piping, or water and sewer-using equipment, except that, where such work is located within private property, no plumbing permit shall be required for the repair of leaks, unstopping of sewers or waste pipes, repair or replacement of faucets or water closets, repair of valves, repair or cleaning of septic tanks.

(d)

Mechanical permits, as issued by the building official, shall be required for the installation, alteration or major repair of:

(1)

Boilers or steam-activated machinery, including the appurtenances and piping thereto;

(2)

Heat-producing appliances, furnaces or other heating apparatus, including piping or flues, or accessories thereto, except electrical and other appliances that are fully portable and require no physical connection to piping or flues;

(3)

Air conditioning or refrigeration systems;

(4)

Mechanical ventilating systems, including air distribution ductwork;

(5)

Gas systems or piping;

(6)

Elevators, man-lifts, escalators, hoists or other transporting devices;

(7)

Paint-spraying equipment or other process equipment that produces explosive or flammable vapors;

(8)

Fire sprinklers, standpipes, fire hose cabinets or other fire protection apparatus; and

(9)

Mechanical equipment of any kind that is regulated by the building code.

(e)

Miscellaneous permits, as issued by the building official, shall be required for all construction or installations regulated by the building code, as may be determined by the building official.

(Ord. of 3-20-2006)

(a)

Application required. Prior to the issuance of any permit required or authorized by the building code, an application therefore shall be submitted in writing to the planning and development inspection division on forms furnished for such purpose by the building official. Such application shall be signed in the spaces provided by the qualified applicant, the owner of the property or his authorized agent, and, where required, the architect or engineer. The applicant shall become the permit holder upon issuance of a permit and shall be held responsible for the supervision and conduct of all work covered thereby. The application shall serve as the basis for determination of issuance of a permit and shall be factual evidence upon which any interested party may rely as to the information provided thereon.

(b)

Changes to application. In the event of a change in any material fact given in the application that served as a basis for issuing the permit, the permit holder shall immediately file an amended application detailing such changed conditions. If the change in the application is a change in the person responsible for the work, the owner shall immediately stop the work and notify the building official in writing, detailing such changed conditions and any other information required by the building official, or, in lieu thereof, a new permit application shall be filed immediately by a new qualified applicant. If such changed conditions are determined to be in compliance with the building code and other applicable regulations, an amended building permit will be issued, at a minimum fee if the changed conditions shall not be greater than those permitted in the original permit.

(c)

Qualifications and responsibilities of applicant.

(1)

Except as provided in subsection (c)(2), (c)(3) or (c)(4) of this section, application for permits shall be accepted from and permits issued only to contractors who are qualified as provided in this article to perform the kind of work included in the particular permit for which application is made. It shall be the duty and responsibility of every contractor, builder, electrician, plumber or mechanical contractor who shall make contracts for the erection or construction or repair of buildings, or any portion thereof for which a permit is required, and every contractor or builder making such contracts and subletting the same, or any part thereof, shall be required to:

a.

Purchase and maintain an occupation tax. Such license shall be registered with the City of Eatonton Clerk's office.

b.

Purchase and maintain a license bond (or an equivalent) in the amount of $25,000.00. Such bond shall be conditioned that all work performed by the contractor or under his supervision shall be performed in accordance with the provisions of this building code and other pertinent laws and regulations. He will pay all fees and penalties properly imposed upon him for violations of the building code. The planning and development department shall be so named on the license bond.

(2)

The owner of commercial property, except that designated for farming and agricultural purposes, may make application for a permit, supervise and do the work in connection with construction, repair, alteration or maintenance where the total value of such work, including labor and materials, does not exceed $1,000.00, and where none of the work to be done is required by law to be performed by a licensed contractor. All work performed in the case of buildings or structures classified as Group E-educational, or Group I-institutional or Group A assembly occupancy shall be performed only by a licensed contractor.

(3)

The owner of residential or agricultural property may make application for permit, supervise and do the work in connection with the construction, maintenance, repair, alteration or addition to a dwelling, including farm and agricultural buildings and structures, regardless of the size or cost of such work under the following conditions:

a.

Such dwelling, farm or agricultural building is intended for the use and or occupancy of the owner making such application and not intended for sale. In this connection, no more than one permit shall be issued to an owner for the construction of a new dwelling (not including permits issued for alterations, additions and repairs to an existing dwelling) during any 12-month period.

b.

The building official may require proof that the applicant is the owner of the dwelling upon or in which construction is to take place, and nothing in this section is to be construed to invalidate the requirement for applying for and obtaining permits, paying fees, calling for required inspections, and complying with all plans, specifications, codes, laws and regulations applicable.

(4)

A maintenance craftsman may obtain permit for work to be done by him on the building or premises owned by his employer where such work is in the same category as the craftsman is qualified and where such work is limited to the maintenance, repair and minor alterations.

(Ord. of 3-20-2006)

(a)

Each application for a permit shall be accompanied by two sets of plans and specifications, except as outlined in section [75-37].

(b)

All plans for buildings, structures, additions or alterations to Group E-educational, Group I-institutional, and Group A-assembly occupancy, regardless of size, and all buildings or structures three or more stories in height or greater than 5,000 square feet in area (except those classified as one-family and two-family dwellings, expressly exempted by the chief building inspector, and those buildings or structures for farm or agricultural purposes), such designer shall be an architect or engineer legally registered under the laws of the state regulating the practice of architecture or engineering, and shall affix his official seal to such plans, specifications and accompanying data.

(c)

Plans shall be original drawings or prints of the structure, mechanically reproduced at the original scale on substantial paper, showing completely all foundations, wall sections, floor plans, roof plans and elevations at a convenient scale; a plot plan showing the actual shape and dimensions of the lot to be built upon; the exact sizes and location on the lot of the buildings or structures to be erected or altered, the location and number of required off-street parking and loading spaces; such other information as may be required to determine compliance with the building code and this chapter; complete structural, mechanical, plumbing and electrical plans; and such other reasonable information as may be required to clearly show the nature, character and location of the proposed work. Computations, stress diagrams, shop drawings, floor plans of existing buildings to which additions are proposed and other data necessary to show compliance with the building code shall be included when required by the building official. Any specifications in which general expressions are used to the effect that "work shall be done in accordance with the building code" or "to the satisfaction of the building official," shall be deemed imperfect and incomplete, and every reference to the building code shall be by section or subsection number applicable to the materials to be used, or to the methods of construction proposed.

(d)

The building official may authorize the issuance of a permit without plans and specifications for minor alterations, repairs and small or unimportant work, but in no instance where the work is of a structural nature. The issuance of a permit without plans and specifications will still require the necessary inspections and compliance with the building code and all other pertinent regulations.

(Ord. of 3-20-2006)

The building official shall examine all plans and applications in the order received, except those plans that have been previously examined. If the application or the plans do not conform to the requirements of all pertinent laws, the building official shall reject such applications in writing, stating the reasons therefore. Plans that are rejected, as stated in this section, may be returned for correction of the tracings. Penciled notations on such plans may be accepted for only minor corrections. If the application, plans and specifications meet the approval of the building code, the plans shall be stamped "approved," and the permit shall be issued by the building official.

(Ord. of 3-20-2006)

In addition to verifying compliance with the building code, the building official shall require that the laws, rules and regulations of any other regulatory authority having jurisdiction, where such laws, rules and regulations are applicable and are known to him, shall be satisfied before a permit shall be issued. He shall require such evidence, as in his opinion is reasonable, to show such other approvals. The building official shall not thereby be held responsible for enforcement of such other regulations, as he is not specifically authorized to enforce. The following are some, but not necessarily all, other agencies having jurisdiction on some or all projects:

(1)

The road department, the sheriff's office, the state highway department, and the city's police department for the moving of buildings, structures and heavy equipment over, temporary construction over, storage of material on, construction operations over or temporary blocking of streets or other public spaces;

(2)

The city road department for the installation of a driveway culvert installed on city property;

(3)

The health department for the permitting of wells, septic tanks and water and sewer systems;

(4)

The state highway department for permitting driveway approaches on any state road.

(Ord. of 3-20-2006)

The building official shall examine all plans and applications in the order received, except those plans that have been previously examined. If the application or the plans do not conform to the requirements of all pertinent laws, the building official shall reject such applications in writing, stating the reasons therefore. Plans that are rejected, as stated in this section, may be returned for correction of the tracings. Penciled notations on such plans may be accepted for only minor corrections. If the application, plans and specifications, upon examination, are found to comply with the requirements of the building code, the plans shall be stamped "approved," and the permit shall be issued by the building official.

(Ord. of 3-20-2006)

(a)

Permits not valid. No building, construction, electrical, mechanical, miscellaneous or other permit issued by the planning and development department shall be valid until fees prescribed by this section shall have been paid to the appropriate department.

(b)

Permit fees for work commenced prior to obtaining permits. In all cases where building, construction, electrical, plumbing, mechanical or other work for which a permit is required is commenced before such permit is obtained, any permit fee due to the city for a permit for such work shall be twice the amount of the regular permit fee specified in this section which would have been due had such permit been obtained prior to commencing work. In no event shall such fee be less than an amount listed in the schedule of fees and charges, in addition to the regular permit fee, or more than an amount listed in the schedule of fees and charges in addition to the regular permit fee. Payment of such increased fee shall not be a defense in any prosecution for any such work, for which a permit is required. Any work performed prior to the issuance of a building permit that has not been inspected by the building inspector for the city, and that is not easily inspected, or has been covered up, shall be inspected by an independent engineer that can certify that such work complies with the building code.

(c)

Re-inspection fees. When extra inspection trips are made for a permit holder due to any of the following reasons, an addition fee in an amount listed in the schedule of fees and charges shall be charged for each such additional inspection:

(1)

Wrong address given on call for inspection;

(2)

Work not ready for inspection at time specified;

(3)

Required corrections not made within time specified;

(4)

Failure to request required inspections; and

(5)

Additional work done after inspection has been made.

(d)

Refund of fees. Where no work has been done under a valid permit for which fees have been paid and a written request for refund of fees is made by holder thereof within six months of the date of original issuance, the building official may authorize the refund of 75 percent of such fee upon surrender of the permit and cancellation of the permit; provided, however, that no refund shall be made for permits whose value is less than an amount specified in the schedule of fees and charges.

(Ord. of 3-20-2006)

For the purpose of determining fees, floor area shall be the gross overall outside floor area of a building at each story, including all portions under a roof. Where a building permit fee is paid for a new building or addition, separate permits and fees shall not be required for fences, walls, awnings, masonry fence walls, site work or other components normal to building construction. Separate fees shall be paid for electrical, plumbing, mechanical, miscellaneous or other permits shown elsewhere in this schedule. Permit fees for all required permits shall be as provided in the following schedule:

(1)

New buildings and additions.

a.

For each square foot of enclosed area or fractional part of residential space, for each story below and above grade the fee shall be an amount listed in the schedule of fees and charges.

b.

For each square foot of garage, storage building or barn space, the fee shall be an amount listed in the schedule of fees and charges.

c.

For each square foot of open shed space, the fee shall be an amount listed in the schedule of fees and charges.

d.

For commercial space, the fees shall be as listed in the schedule of fees and charges.

e.

New construction other than buildings, including pylons, storage tank foundations, structural elements of industrial complexes not within a building, and similar construction: For each $1,000.00 of estimated cost, the fee shall be an amount listed in the schedule of fees and charges.

f.

Alterations (including major repair to buildings or other structures): For each $1,000.00 of estimated cost or fractional part thereof, the fee shall be an amount listed in the schedule of fees and charges.

g.

Moving buildings/mobile home on or across public thoroughfares: The fee shall be an amount listed in the schedule of fees and charges. In the case of a mobile home, this shall only apply when the move is not in conjunction with a building permit.

h.

The mobile home fee, including 200-amp electrical fee shall be an amount listed in the schedule of fees and charges. Services over 200 amps shall be an amount listed in the schedule of fees and charges.

i.

Masonry fences and walls: For each 50 linear feet or fractional part thereof, the fee shall be an amount listed in the schedule of fees and charges.

j.

Swimming pools: For all permanent swimming pool installations above or in ground, including fencing, the fee shall be an amount listed in the schedule of fees and charges.

k.

Demolition of buildings: The fee shall be an amount listed in the schedule of fees and charges. For demolition of structures other than buildings, the fee shall be an amount listed in the schedule of fees and charges.

l.

Temporary permits: The fee shall be an amount listed in the schedule of fees and charges.

m.

Minimum fee for any building permit, based upon the fee formulas contained in subsections (1)e through (1)m of this section shall be an amount listed in the schedule of fees and charges.

n.

Golf course or recreational development area: A base fee plus a per acre fee in amounts listed in the schedule of fees and charges.

o.

Development/subdivision permit: The fee shall be calculated on a per developed acre basis with a minimum charge listed in the schedule of fees and charges.

(2)

Electrical permit fees. Electrical permit fees for service installations (conductors and equipment for delivering energy from the electrical utility supply system) (residential and commercial) shall be as listed in the schedule of fees and charges. Each service or sub-service requiring a utility-owned meter shall be considered a service for fee purposes.

(3)

Plumbing permit fees. Plumbing permit fees for new residential or commercial service shall include a base fee and a per fixture fee in amounts listed in the schedule of fees and charges. Renovations or additions to a room shall be charged an amount listed in the schedule of fees and charges.

(4)

Mechanical permit fees. Mechanical permit fees for new residential or commercial service HVAC system shall be an amount listed in the schedule of fees and charges per ton of air conditioning equipment and 20,000 Btu of heat equipment. Additions or changes of equipment shall be charged an amount listed in the schedule of fees and charges.

(5)

Renewal of permits. For renewal of a permit a charge in an amount listed in the schedule of fees and charges shall be made.

(6)

Re-inspection fees. Fees for re-inspection shall be an amount listed in the schedule of fees and charges.

(7)

Miscellaneous permit fees. Tents for assembly, home occupation licenses and temporary camper permits shall all be charged amounts listed in the schedule of fees and charges.

(Ord. of 3-20-2006)

Upon completion of construction but prior to occupancy or use for the purpose constructed, and prior to utility hookup, the property owner or his agent shall notify the building inspector and request final inspection of the premises. The building inspector shall conduct such inspection as quickly as is reasonably practicable after such request and shall issue a certificate of occupancy only if he finds such construction comports with all applicable local, state or national rules, regulations, statutes, laws, ordinances, and the terms of this chapter. No certificate of occupancy shall issue until the building inspector finds such compliance, and no electricity, gas or water may be supplied to the premises until such certificate of occupancy issues.

(Ord. of 3-20-2006)

(a)

In case any building or structure is or is proposed to be erected, constructed, reconstructed, altered, covered or maintained, or any building, structure or land is or is proposed to be used in violation of any provision of this chapter, the building inspector, or any other appropriate authority of the city, may, in addition to other remedies, and after due notice to the owner of the violation, issue a citation for violation of this chapter requiring the presence of the violator in the municipal court; or institute injunction or other appropriate action or proceeding to prevent this unlawful erection, construction, reconstruction, alteration, conversion, maintenance or use to correct or abate this violation or to prevent the occupancy of this building, structure or land. Where a violation of the regulations of this chapter exists with respect to a structure or land, the building inspector may, in addition to other remedies, require that public utility service be withheld there from until such time as the structure or premises are no longer in violation of this chapter.

(b)

Any firm, person or corporation that shall do anything prohibited by this chapter as they exist, or as they may hereafter be amended, or who shall fail to do anything required by this chapter as they now exist or as they may hereafter be amended, upon conviction of a violation, shall be subject to punishment as provided by law. Any violation of this chapter shall be regarded as a misdemeanor, punishable by up to one year's imprisonment and/or a fine of $500.00. Each day that this violation exists shall be deemed a separate offense.

(Ord. of 3-20-2006)

It is the intention of this chapter that all questions arising in connection with the administration and enforcement of this chapter shall be presented first to the building inspector and that these questions shall be presented to the planning and zoning commission only on appeal from decision of such official; and, that from the decision of the planning and zoning commission, recourse shall be had to the city council also and only by way of appeal. Fees shall be set from time to time by the city council governing the cost of such appeals. All appeals must be filed within ten days of the issuance of the decision being appealed. Policies and procedures for such appeals shall be governed by division 2 of this article. A permit applicant proceeds with construction at his own risk until the appeal period expires and while an appeal of the issuance of a permit is pending.

(Ord. of 3-20-2006)

The planning and zoning commission is hereby reestablished as a five-member commission appointed and approved by the city council for terms concurrent with those of the latter. All members must be residents of the city. The five members shall be selected so that each of the four city wards is represented on the planning and zoning commission by a resident of that precinct and one at large. Vacancies shall be filled for un-expired terms in the same manner as initial appointments. Members are removable for cause by the city council upon written charges and after a public hearing. No member shall have any other position or office with the city. Members may be paid such sums for services as approved by the city council.

(Ord. of 3-20-2006; Amd. of 1-19-2010)

(a)

Initiation. This chapter, including the official zoning maps, may be amended by the city council on its own motion, by private petition or on recommendation of the planning and zoning commission, but no amendment shall become effective unless it shall have been proposed by or shall first have been submitted to the planning and zoning commission for review and recommendation.

(b)

Conditional use permits. The planning and zoning commission shall hear and decide conditional use permit applications as per the standards in subsection 75-64(b)(1). In granting such a conditional use permit, the planning and zoning commission may attach thereto such conditions regarding the location, character and other features of the proposed building, structure or use as it may deem advisable so that the purpose of this chapter will be served, public safety and welfare secured, and substantial justice done.

(c)

Variances. The planning and zoning commission shall hear and decide applications for variances from the development standards of this chapter, other than administrative variances decided by the building inspector under the provisions of division 1 of this article. Such variances may be granted only:

(1)

Where by reason of exceptional narrowness, shallowness or shape of a specific piece of property, which at the time of adoption of this chapter, was a lot or plat of record; or

(2)

Where, by reason of exceptional topographic conditions or other extraordinary or exceptional conditions of a piece of property, the strict application of the development requirements of this chapter would result in practical difficulties to, and undue hardship upon, the owner of this property, which difficulty or hardship is not the result of acts of the applicant; and further provided that this relief may be granted without substantially impairing the intent and purpose of this chapter and is not contrary to the public welfare.

In granting a variance, the planning and zoning commission may attach thereto such conditions regarding the location, character and other features of the proposed building, structure or use as it may deem advisable so that the purpose of this chapter will be served, public safety and welfare secured, and substantial justice done. However, the planning and zoning commission shall not be authorized to grant a density variance or a use variance to permit a density or use in a district in which the density or use is otherwise prohibited. The planning and zoning commission shall not be authorized to grant a variance to development standards set forth in a statement of zoning conditions accompanying a conditional zoning.

(d)

Questions of interpretation.

(1)

Who may seek interpretation. A question of interpretation to the planning and zoning commission may be taken by any person, firm or officer, department, board or agency affected by any decision of the building inspector, code enforcement officer or other city administrator with respect to this chapter. This question of interpretation shall be made within ten days following notification of the decision from which the appeal is taken by filing with the building inspector a notice of appeal and specifying the grounds thereof. The building inspector shall forthwith transmit to the planning and zoning commission all papers constituting the record upon which the action appealed from was taken.

(2)

Extent of commission power. The planning and zoning commission may, in conformity with this chapter, reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination appealed from, and to that end shall have all the powers of the building inspector, code enforcement officer, or other city administrator at issue. The planning and zoning commission may direct the issuance of a permit. It shall be the duty of the building inspector, code enforcement officer and other city administrator to carry out the decisions of the planning and zoning commission.

(e)

Appeals.

(1)

Who may appeal. An appeal to the planning and zoning commission may be taken by any person, firm or officer, department, board or agency affected by any decision of the building inspector, code enforcement officer or other city administrator with respect to this chapter. This appeal shall be made within ten days following notification of the decision from which the appeal is taken by filing with the building inspector a notice of appeal and specifying the grounds thereof. The building inspector shall forthwith transmit to the planning and zoning commission all papers constituting the record upon which the action appealed from was taken.

(2)

Extent of commission power. The planning and zoning commission may, in conformity with this chapter, reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination appealed from, and to that end shall have all the powers of the building inspector, code enforcement officer or other city administrator at issue. The planning and zoning commission may direct the issuance of a permit. It shall be the duty of the building inspector, code enforcement officer and other city administrator to carry out the decisions of the planning and zoning commission.

(3)

Effect of appeal. The pending of an appeal shall not stay the effectiveness of the permit or decision being challenged. However, the owner of property who has received the permit, variance or favorable interpretation proceeds with development at its own risk that such development may be halted if the appeal is successful.

(f)

Organization and meetings of commission.

(1)

Officers. The planning and zoning commission shall elect a chairman and vice-chairman (who shall be acting chairman in the absence of the chairman) on an annual basis. Any officer may succeed himself. The chairman (or in his absence the vice-chairman) shall preside at all meetings and hearings of the planning and zoning commission and decide all points of order or procedure. The chairman shall appoint any committees that may be found necessary. A secretary (who need not be a member of the planning and zoning commission) shall be designated by the commission and shall conduct all correspondence of the commission; keep a minutes book recording attendance, the vote of each member upon each question, or if absent, the failure to vote, indicating such fact; and keep records of examination and hearing and other official action; and shall carry out such other official duties as may be assigned by the commission. The planning and zoning commission shall have the right to request interpretation of this chapter by the city attorney, in writing through the planning and development department.

(2)

Rules. The following shall be the rules as to how and where meetings of the planning and zoning commission shall be held:

a.

The regular meeting of the commission shall be held the second Monday of the month at 7:00 p.m., unless there is no cause for holding such meeting. If there is no reason to have a regular meeting, the secretary shall inform the members of the commission at least five days in advance.

b.

Special meetings may be called by the chairman, provided that at least 24 hours' notice of such meeting is given each member and that such public notice as required by law is provided.

c.

Three members shall constitute a quorum to conduct all business.

d.

Neither the secretary, the building inspector, the code enforcement officer nor any member of the commission shall appear for or represent any person in any matter pending before the commission. No member of the planning and zoning commission shall hear or vote upon an appeal in which he is directly or indirectly interested in a personal or financial way.

e.

The order of business at each meeting shall be as follows:

1.

Roll call.

2.

Reading and approval of minutes of previous meeting.

3.

Report of committees, if any.

4.

Unfinished business.

5.

Hearing of zoning cases.

6.

New business.

f.

Failure to attend three consecutive meetings or more shall be considered automatic resignation from the planning and zoning commission, and upon resignation or other vacancies occurring in office, the chairman shall inform the city council of such occurrence as promptly as possible, so that the city council may appoint a replacement to fill the un-expired term.

g.

All meetings shall be held in a governmentally owned or leased facility. The regular meeting place will be in the meeting room of the City of Eatonton Police Headquarters, 214 West Marion Street. Any change in meeting place will be advertised as required by law.

h.

The planning and zoning commission shall be free to adopt such additional bylaws not inconsistent with this section or those procedural rules elsewhere contained in this section to govern further the conduct of its meetings.

(Ord. of 3-20-2006; Res. of 10-18-2021(2))

(a)

Authority to initiate amendments. Applications to amend this chapter may be in the form of proposals to amend the text, or proposals to amend part or the entire official zoning maps (a rezoning). An application to amend the text of this chapter may be initiated by the planning and zoning commission or be submitted to the planning and zoning commission by the city council or by any person having an interest in the city. Any application to amend the official zoning maps or the text of the ordinance submitted by a private party shall be filed with the building inspector on forms by him and shall be accompanied by the appropriate fee established by the city council. Unless initiated by the city council or the planning and zoning commission, all applications to amend the official zoning maps must be submitted by the owner of the affected property or the authorized agent of the owner. Such authorization shall be notarized and attached to the application. An application for an amendment to the official zoning maps affecting the same property shall not be submitted more than once every 12 months, such interval to begin with the date of final decision by the city council. The city council in its discretion and by unanimous vote may reduce or waive the 12-month time intervals to amend the zoning maps affecting the same property; however, in the case of an application to amend the zoning maps that were defeated by the city council, the interval between the defeated application and the subsequent application affecting the same property shall be at least six months. The 12-month interval shall not apply to applications initiated by the city council or planning and zoning commission, except for amendments to the zoning maps that were denied by the city council, in which case the interval required for the subsequent application shall be at least six months. However, an application to alter conditions of rezoning as contemplated in subsection (h) of this section may be submitted at any time.

(b)

Application, process and standards. Each application to amend this chapter or the official zoning maps shall be filed with the building inspector. Applications shall be submitted in compliance with the following:

(1)

Text amendment applications. Text amendment applications shall include the following:

a.

Name and address of applicant.

b.

Current provisions of text to be affected by amendment.

c.

Proposed wording of text change.

d.

Reason for amendment request.

(2)

Map amendment applications. Map amendment applications shall include the following:

a.

A legal description of the tracts to be rezoned, as well as its acreage, street address (if any) or location with respect to nearby public roads; and the subdivision (if any) in which it is located.

b.

Five copies of a plat, drawn to scale, showing north arrow; land lot and district; the dimensions, acreage and location of that tract and adjacent properties; existence of structures of intermediate regional floodplain on the property; and the current zoning of the tract; prepared by an architect, engineer, landscape architect or land surveyor whose state registration is current and valid. His seal shall be affixed to the plat, which also shall be signed by him.

c.

The names and addresses of the owners of the land and their agents, if any. If an agent is proceeding on behalf of the property owner, the owner must provide a written authorization to this effect that is witnessed by a notary public.

d.

A letter of intent detailing the manner in which the property will be used if rezoned.

e.

Each zoning map amendment application, whether submitted by local government, or by a party other than local government, shall include with it to be complete a written, documented analysis of the impact of the proposed rezoning with respect to each of the following matters conducted and stamped by a licensed landscape architect or engineer for all rezoning except AG and R districts that do not fall under subdivision regulation in which studies may be done by the applicant:

1.

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

2.

Whether the zoning proposal would adversely affect the existing use or usability of adjacent or nearby property.

3.

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

4.

Whether the zoning proposal will result in a use that will or could cause an excessive or burdensome use of existing streets, transportation facilities, utilities or schools.

5.

Whether the zoning proposal is in conformity with the policy and intent of the comprehensive land use plan.

6.

Whether there are other existing or changing conditions affecting the use and development of the property that give supporting grounds for either approval or disapproval of the zoning proposal.

(3)

Scheduling. Applications shall be submitted in accordance with a schedule adopted annually by the planning and zoning commission. The city planning and zoning commission adopted a schedule in which the requests for rezoning will be heard the second Monday of each month and will be sent to the city council to be heard on the third Monday of the same month. Application fees for an application to amend the official zoning maps shall be established by the city council and made available by the building inspector. A fee shall not be charged for applications initiated by the city council or by the planning and zoning commission.

(4)

Withdrawal of application. An application shall not be withdrawn by the applicant after the legal advertising, as required by this article, has first appeared, except as may be permitted by the city council.

(5)

Materials regarding application. An applicant may file site plans, renderings, construction specifications, written development restrictions and other conditions which the applicant proposes as binding conditions upon the development and use of the property involved in the application. If any such conditions or alterations or changes thereto are proposed by an applicant and have not been filed, as required by this subsection, city council, at the time of the public hearing on the application, may defer any action on such application to a specific meeting date. The date designated for action on the application shall be set at a time that will allow the applicant to comply with the filing requirements of this subsection.

(c)

City study.

(1)

Staff employed by the planning and zoning commission or the building inspector or his designee or employee, upon receiving an application to amend the official zoning maps, may do the following:

a.

With respect to the application to amend the adopted official zoning maps, consider each of the matters set forth in [subsection (b)(2)e].

b.

Consult with other departments of the city to fully evaluate the impact of any zoning district change upon public facilities and services including, but not limited to, schools, drainage, traffic and related facilities.

c.

Conduct a site review of the property and surrounding area, as well as an analysis of any previous zoning history relative to the tract.

d.

Submit a written record of his investigation to the planning and zoning commission and city council, which report shall be a matter of public record.

(2)

The building inspector's report may recommend amendments to the applicant's request which would reduce the land area for which the application is made, change the zoning district requested and recommend conditions of rezoning which may be deemed advisable so that the purpose of this chapter will be served, and the health, public safety and general welfare will be secured.

(d)

Commission action on rezoning application or text amendment.

(1)

The planning and zoning commission shall hold a public hearing on each application in accordance with a schedule adopted by the planning and zoning commission. The chief building inspector or his designee at the public hearing shall state staff's recommendation for each application after hearing proponents and opponents issues. Should a study have been conducted and was written for any one or all of the applications, then a reasonable number of copies of this analysis will be made to the public. In addition, the planning and zoning commission shall, with respect to each application, consider each of the matters set forth in subsections (b) and (g) of this section. As to each application, the planning and zoning commission shall make a recommendation for approval, approval with conditions, denial, deferral, withdrawal without prejudice or no recommendation. The commission's action also may recommend amendments to the applicant's request which would reduce the land area for which the application is made; change the district requested; and recommend conditions of rezoning which may be deemed advisable so that the purpose of this chapter will be served, and the health, public safety and general welfare are secured. A written report of the commission's investigation and recommendation, along with the investigation and recommendation of the building inspector, shall be submitted to the city council and shall be of public record.

(2)

The planning and zoning commission may adopt such rules and regulations for the conduct of public hearings and meetings as are consistent with state laws and city codes and are appropriate to its responsibilities, which shall be published and available to the public.

(e)

City council's action on zoning map or text amendment. Before taking action on a proposed amendment and after receipt of the building inspector and planning and zoning commission recommendations and reports thereon, where required, the city council shall hold a public hearing on the proposal. At the public hearings the city council shall review documents submitted by the initiating party, if any, and the report prepared by the building inspector and the planning and zoning commission. The city council also shall consider the matters set forth in subsections (b) and (g) of this section. So that the purpose of this chapter will be served and the health, public safety and general welfare secured, the city council may approve or deny the application, reduce the land area for which the application is made, change the district requested, add or delete conditions of the application, defer its vote to another hearing, or allow an application to be withdrawn without prejudice with respect to the 12-month limitation of this division. An action by the city council to defer the application shall include a statement of the date and time of the next meeting at which the application will be considered. However, if the second public hearing will allow continued presentation of positions or information by proponents or opponents, the deferred hearing also shall be re-advertised in compliance with subsection (f)(1) of this section.

(f)

Public notification of zoning hearings.

(1)

Legal notice. Due notice of the public hearing before the planning and zoning commission and city council shall be published in the newspaper of general circulation in the city in which are carried the legal advertisements of the city by advertising the nature of the application and the date, time, place and purpose of the public hearings at least 15 days and not more than 45 days prior to the date of the first hearing conducted by the planning and zoning commission, and not more than 45 nor less than 15 days prior to the date of any deferred public hearing as contemplated in subsection (e) of this section. If the application is for amendment to the official zoning maps, then the notice shall also include the location of the property, the present zoning district of the property, and the proposed zoning district of the property.

(2)

Signs. As to an application to amend the official zoning maps, the building inspector shall post at least 15 days and not more than 45 days prior to the planning and zoning commission and the city council's public hearings; and not more than 45 days nor less than 15 days prior to the date of any deferred public hearing; in a conspicuous place in the public right-of-way fronting the property for which an application has been submitted, signs containing information as to the application as set forth in subsection (f)(1) of this section and the date, time and place of the public hearings.

(g)

Other standards for zoning decisions. In addition to the standards enumerated in subsection (b) of this section, the planning and zoning commission and the city council shall all consider the following matters in reference to a rezoning application:

(1)

The duration, if applicable, for which the property has been vacant;

(2)

The existence of nonconforming uses on or adjacent to the property;

(3)

Development patterns and trends in the community;

(4)

Transportation needs and plans;

(5)

Sewage and water demands and plans;

(6)

The appropriateness of the site plan, if any, or intended use due to topography, watershed, floodplain, etc.;

(7)

Potential air, water, noise and light pollution; and

(8)

The need to balance the property owner's rights against the public welfare.

(h)

Alteration of conditions of rezoning.

(1)

All approved rezoning applications shall be maintained by the building inspector as public record. The building inspector shall have the authority to approve minor alterations of zoning conditions submitted with map amendments, including the following:

a.

Building relocation, curb cut relocation and traffic circulation changes due to topographic, environmental or other design factors.

b.

Parking design.

c.

Addition of permitted accessory uses or structures.

d.

Utility relocation.

e.

Other alterations which, in his opinion, would not change the intent of a conditional zoning approval or adversely affect city services or other properties or uses.

(2)

An application to alter conditions of rezoning not approved by the authority of the building inspector shall be submitted through the planning and zoning condition to the city council for public hearing. The application shall be processed in accordance with all provisions applicable to map amendments.

(i)

Conflict of interest and disclosure rules for rezoning map or text amendment.

(1)

A member of the planning and zoning commission, city, or any other city official who knows or reasonably should know that he:

a.

Has any direct ownership in any real property to be affected by a rezoning action under consideration by the city (other than the re-adoption of the official zoning maps as a whole);

b.

Has a ten percent or more direct ownership interest in the total assets or capital stock in any business entity which has any direct ownership in any real property to be affected by a rezoning action under consideration by the city; or

c.

Has a spouse, parent, sibling or child with any interest as described in subsections (i)(1)a and (i)(1)b of this section; shall disclose the nature and extent of such interest, in writing, to the city council, as soon as he knows of its existence. Such an official also shall disqualify himself from voting on the rezoning action and shall not take any other action on behalf of himself or anyone else to influence action on the rezoning action. Any written disclosures made pursuant to this subsection shall be of public record, available for public inspection. If disqualification as required by this section results in the inability of the city council to obtain a quorum for the purpose of making a final decision when considering a rezoning action, the city council shall initiate the special master process set forth in O.C.G.A. § 36-67a-5, as amended. Moreover, questions of interpretation as to the application of this statute should be resolved by reference to the state law governing campaign contribution disclosures, O.C.G.A. § 36-67a-1 et seq., as amended.

(2)

When any opponent of a rezoning action has made, within five years immediately preceding the filing of the rezoning action being opposed, campaign contributions aggregating $250.00 or more to a local government official of the local government which will consider the application, it shall be the duty of the opponent to file a disclosure with the governing authority of the respective local government showing:

a.

The name and official position of the local government official to whom the campaign contribution was made; and

b.

The dollar amount and description of each campaign contribution made by the opponent to the local government official during the five years immediately preceding the filing of the application for the rezoning action and the date of each such contribution. The disclosure required by this section shall be filed at least five calendar days prior to the first hearing by the local government or any of its agencies on the rezoning application.

(3)

When any applicant or his attorney for a 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 to a local government official who will consider the application, it shall be the duty of the applicant to file a disclosure report with the governing authority of the respective local government showing:

a.

The name and official position of the local government official to whom the campaign contribution was made; and

b.

The dollar amount and description of each campaign contribution made by the applicant to the local government official during the two years immediately preceding the filing of the application for the rezoning action and the date of each such contribution. The disclosures required by this section shall be filed within ten days after an application for the rezoning action is first filed.

(j)

Compliance with zoning procedures law. This section, as from time to time amended, is intended to set forth and constitute the policies, procedures and standards required under O.C.G.A. § 36-66-5, and copies of this section's provisions shall be available to the public upon request.

(Ord. of 3-20-2006)

(a)

Application process.

(1)

Application requirements. Applications for a hearing and decision on requests for conditional use permits, questions of interpretation, variances and appeals shall be filed in writing with the building inspector on forms he shall provide at least 30 days prior to the meeting of the planning and zoning commission at which they first are to be heard. Each application shall contain such information as the building inspector may require to enable the planning and zoning commission to make its decision. Each application for a variance or conditional use permit and, where applicable, questions of interpretation or an appeal, shall include a plat drawn to scale showing the following information:

a.

All property lines with dimensions.

b.

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

c.

North arrow, land district and land lot number.

d.

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

e.

In the case of conditional use permits, a conceptual plan containing details of location, size, footprint and other items relevant to the proposed use.

(2)

If part of rezoning process. Conditional use permit requests shall not require a separate application when included with a petition for rezoning. However, each request for a conditional use permit shall be listed as a separate matter on the rezoning petition. Each request shall be voted on separately, and each conditional use permit request submitted as part of a rezoning petition shall be treated independently in the minutes of the planning and zoning commission and city council meetings.

(3)

Notice of hearing. Notice of any hearing of the planning and zoning commission on a conditional use permit, variance, question of interpretation or appeal shall be preceded, at a minimum, by such notice or advertising as may be required by state law. Additionally, at least five days' notice of the time and place of the hearing shall be sent by mail to the applicant.

(4)

Reapplication. Applications under this section to the planning and zoning commission which are denied shall not be resubmitted for consideration of the denied application for a period of 12 months from the date the application was denied. However, the planning and zoning commission may, by unanimous vote of all members present and constituting a quorum, waive this waiting period upon presentation of new evidence which would warrant reconsideration of the application.

(5)

Effect on legal proceedings. An application for interpretation, variance, conditional use permit or appeal stays all legal proceedings unless the building inspector certifies after the application shall have been filed, that by reason of facts stated in the certificate a stay would, in his opinion, cause imminent peril to life and property, in which case proceedings shall not be stayed otherwise than by a restraining order which may be granted by a court of competent jurisdiction.

(6)

Appeals to city council.

a.

It is the intention of this division that from a decision of the planning and zoning commission, recourse shall be had to the city council by filing notice of appeal with the building inspector within ten days of the decision appealed from. Any person, firm or corporation aggrieved by a decision of the planning and zoning commission may take an appeal to the city council. The authority to file an appeal shall also be granted to the building inspector or any member of the city council. This appeals process does not apply to rezoning amendment matters; it only applies to decisions of the planning and zoning commission concerning variances, conditional use permits, questions of interpretation and appeals taken by it.

b.

The office of the city council shall schedule a hearing on the appeal to be held within 30 days of the date the appeal is filed. This appeal also shall be accompanied by a fee set by the city council to partially defray the public expense in processing the application. The fee shall not be required for an appeal filed by the building inspector or a member of the city council.

c.

Advance notice of the city council's hearing on appeal shall take the form of such notice or advertising as is required by subsection (a)(3) of this section.

d.

An appeal shall not stay the effectiveness of any approved variances, conditional use permits, and questions of interpretation that is the subject of the appeal. However, the owner of property who has received the variance, permit or favorable interpretation shall proceed at his own risk that a revocation of the same may occur and development may be halted when the appeal is resolved.

(7)

City council's action on conditional use requests. Before taking action on a proposed conditional use request and after receipt of the building inspector and planning and zoning commission recommendations and any reports thereon, where required, the city council shall hold a public hearing on the proposal. At the public hearing the city council shall review documents submitted by the initiating party, if any, and the report prepared by the building inspector and the planning and zoning commission. So that the purpose of this chapter will be served and the health, public safety, and general welfare secured, the city council may approve or deny the application, reduce the land area for which the application is made, add or delete conditions/standards required under this section, defer its vote to another hearing, or allow an application to be withdrawn without prejudice with respect to the 12-month limitation to this chapter. An action to defer the application shall include a statement of the date and time of the next meeting at which the application will be considered. However, if the second public hearing will allow continued presentation of positions or information by the proponents and opponents, the deferred hearing also shall be re-advertised in compliance with subsection 75-63(f)(1).

(b)

Standards.

(1)

Conditional use permits; generally. This section specifies uses which are not classified as permitted uses in the various zoning districts, and are therefore only allowed through the approval of a conditional use permit. The standards that apply to each use are enumerated and must be met in order for an application to be considered. The minimum standards for al such special uses are as follows:

a.

Any use which may be authorized by conditional use permit shall be presented to the planning and zoning commission and approved by the city council, provided that:

1.

The standards for the use permit as specified in this section and any additional standard that may be specified by the planning and zoning commission and/or the city council can be met;

2.

The benefits of and need for the proposed conditional use are more than any possible depreciating effects and damages to the neighboring properties;

3.

Recommendations have been received from the city building inspector; and,

4.

Conditions imposed with respect to right-of-way dedication and roadway, water, sewer and/or other infrastructure improvements, if any, are met.

b.

Any use which may be authorized by conditional use permit shall comply with all other city regulations, zoning district regulations and other regulations contained in this section and conditions of its approval or zoning approval. Whenever a standard contained in the division is in conflict with another provision of this chapter, the more restrictive provisions shall prevail.

(2)

Conditional use permits; specific uses. Specific conditional uses are allowed in the specified zoning districts by way of conditional use permit only. All standards set forth in this section and in each of the relevant following sections must be satisfied before the use may be approved. Article IV of this chapter should also be consulted to determine whether a given use is subject to any additional requirement or is otherwise further defined or clarified.

Airport, general aviation:

Allowable districts: I-2

Additional standards:

Cannot constitute a nuisance to areas surrounding the airport and flight paths.

Must have FAA approval.

Amusement or recreational activities (commercial), carried on outside a building, such as a golf course, softball field, parks, playgrounds, and uses of similar nature):

Allowable districts: A-1, R-1, R-2, R-3, R-4, I-1, I-2

Additional standards:

A solid fence or wall at least six feet in height shall be erected along all property lines shared with any lot zoned or in use for residential purposes.

Exterior lighting shall be directed away from adjacent properties.

This use shall not be permitted within 200 feet of a property line.

The principal structure associated with this use shall be set back at least 100 feet from all property lines.

If approved, this use may be subject to limitation upon hours of operation or noise levels.

Athletic field, public:

Allowable districts: A-1, R-2, R-3, C-1, C-2, I-1

Additional standards:

A solid fence or wall at least six feet in height shall be erected along all property lines shared with a any lot zoned or in use for residential purposes.

Exterior light shall be directed away from adjacent properties.

This use shall not be permitted within 200 feet of a property line.

The principal structure associated with this use shall be set back at least 100 feet from all property lines.

If approved, this use may be subject to limitation upon hours of operation or noise levels.

Broadcasting studio (radio, television):

Allowable districts: A-1

Additional standards: Refer to City of Eatonton Code of Ordinances, Chapter 63 - Telecommunications.

Cabin/hunting lodge:

Allowable districts: A-1, R-3

Additional standards:

Minimum lot size: 1.1 acre.

Intended for only temporary occupancy.

Water and sanitation service must be available.

Carnival, rodeo, horse show, athletic event, tent revival, community fair or other event of interest to the public - not to exceed 30 days:

Allowable districts: A-1, I-2

Additional standards:

The user must apply for a permit with the building inspector.

All buildings or other structures must be set back a minimum of 500 feet from all property lines.

The use may not create noise, dust, vibration, smell, excessive traffic, smoke, glare or electrical interference so as to arise to the level of a nuisance.

Exterior lighting shall be deflected away from adjacent properties.

This use may be subject to limitation upon hours of operation or noise levels.

This use may be restricted to property with frontage on an arterial or collector with access limited to the same, if deemed appropriate by the building inspector.

The user must make arrangements to provide adequate sanitation services.

The use cannot be of more than 30 days in duration unless approved otherwise.

Permittee must provide evidence that suitable parking is available/present.

Some uses may not be established on a lot that is either in, adjacent to, or directly across the street from any R district.

The building inspector may require additional conditions as deemed necessary to protect public health, human life and the environment.

Failure to apply for a permit will constitute a violation of this ordinance and shall be punishable per section 75-692. (Also applicable to nonprofit.)

Cemetery or mausoleums:

Allowable districts: A-1, C-2, I-1, I-2

Additional standards:

The use may not create noise, dust, vibration, smell, excessive traffic, smoke, glare or electrical interference so as to arise to the level of a nuisance.

The minimum size for a cemetery/mausoleum not adjacent to a church: Ten acres.

No structure shall be located within 200 feet of any property line.

Arrangements must be made for perpetual landscaping and maintenance.

There must be direct access to a public road.

A solid fence, wall or planted buffer must separate property from adjacent residential properties.

Churches or other places of worship:

Allowable districts: All except I-1, I-2

Additional standards:

When in an R district, any building or structure established in connection with these uses shall be set back not less than 75 feet from any property line, except where this adjoining property is zoned for nonresidential use, in which case the setback shall be the same as required for the adjoining nonresidential district. Where this property line is a street line, the front yard setback established for the R district shall apply.

When in an R district, these uses shall be permitted only on a lot that has access to an arterial or collector street.

The site must have access to a public street.

No parking area shall be established within 20 feet of another R use.

Clinic, public or private:

Allowable districts: R-2, R-3

Additional standards:

Hours of operation must be reasonable and not interfere with adjacent uses.

A solid fence, wall or planted buffer must separate property from adjacent residential properties.

Commercial/public shooting range (indoor and outdoor) archery range:

Allowable districts:

Indoor range: A-1.

Outdoor range: A-1, C-2, I-1, I-2

Additional standards:

This use shall not be permitted adjacent to or across the right-of-way from any R districts or MHP districts. In the case of an outdoor range, it shall not be permitted adjacent to or across the right-of-way from a dwelling unless there is a 2,000-foot setback from the property line adjacent to the dwelling or consent is obtained from any affected owner(s) of the dwelling(s) for a lesser distance.

The outdoor range shall have at least a 300-foot planted or naturally forested buffer from any property line. This may be reduced for archery ranges or shotgun type facilities.

The down range direction of an outdoor range shall be in a direction that is the least likely to cause any harm or damage in the case of a gross accident but in no case shall bear directly upon a street, dwelling or place of business.

A berm of at least ten feet in height shall run down range and to the outside of the outdoor range and encompass the shooters' booth/bench or discharge point. At the end of the range (indoor or outdoor) there shall be some type of bullet trap whether earthen or of a manufactured/constructed nature and shall be of a suitable height but no less than ten feet in the case of an outdoor range. These conditions may be modified or eliminated in the case of a facility utilizing shotguns or bows.

There shall be some means of protection between each shooter bench or position in the case of a lateral discharge.

Any exterior lighting shall be directed away from adjacent properties.

A six-foot minimum fence shall completely encompass at least the physical outdoor shooting range.

Adequate ventilation shall be provided for indoor facilities.

Operational hours may be established and/or restricted by the board, as it deems appropriate.

In the case of compound bows, re-curved bows or other forms of weapon ranges, as well as the above, the planning and zoning commission and the city council may waive certain conditions or place additional conditions as they deem necessary.

Community center/assembly halls: (includes armories, union halls, conference halls, business meeting locations, civic halls, and internal gathering places for activities of a similar nature.)

Allowable districts: A-1, R-2, R-3, R-4, I-1

Additional standards:

The use may not create noise, dust, vibration, smell, excessive traffic, smoke, glare or electrical interference so as to arise to the level of a nuisance.

A solid fence, wall or planted buffer must separate property from adjacent residential properties.

Exterior light shall be directed away from adjacent properties.

The principal structure associated with this use shall be set back at least 100 feet from all property lines.

If approved and adjacent to residential properties, this use may be subject to limitation upon hours of operation or noise levels.

Country clubs:

Allowable districts: A-1, R-1, R-2, R-3, PUD, C-1, C-2

Additional standards:

A minimum buffer of 100 feet shall be required.

A fence or wall, at least six feet high, may be required to be established along all property lines.

Central loud speakers are not allowed unless approved for a specific event.

Exteriorlighting shall be deflected away from adjacent property owners.

Fire station — volunteer:

Allowable districts: All districts

Additional standards:

A solid fence, wall or planted buffer must separate property from adjacent residential properties.

The principal structure associated with this use shall be set back at least 100 feet from all property lines.

Flea markets/outdoor malls:

Allowable districts: A-1, C-1, C-2, I-1

Additional standards:

The use may not create noise, dust, vibration, smell, excessive traffic, smoke, glare or electrical interference so as to arise to the level of a nuisance.

A solid fence, wall or planted buffer must separate property from adjacent residential properties.

Exterior light shall be directed away from adjacent properties.

The principal structure associated with this use shall be set back at least 100 feet from all property lines.

If approved and adjacent to residential properties, this use may be subject to limitation upon hours of operation or noise levels.

This use may be restricted to property with frontage on an arterial or collector with access limited to the same, if deemed appropriate by the building inspector.

The user must make arrangements to provide adequate sanitation services.

The building inspector may require additional conditions as deemed necessary to protect public health, human life and the environment.

Fraternities and sororities:

Allowable districts: R-2, R-3

Additional standards:

The use may not create noise, dust, vibration, smell, excessive traffic, smoke, glare or electrical interference so as to arise to the level of a nuisance.

A solid fence, wall or planted buffer must separate property from adjacent residential properties.

Exterior light shall be directed away from adjacent properties.

The structure associated with this use must be within one mile of the campus of a local college or university to which the students attend.

All residents must be students of the local college or university.

If approved and adjacent to residential properties, this use may be subject to limitation upon hours of operation or noise levels.

Funeral home:

Allowable districts: A-1, R-2, R-3, I-1

Additional standards:

The use may not create noise, smell, excessive traffic, or electrical interference so as to arise to the level of a nuisance.

A solid fence, wall or planted buffer must separate property from adjacent residential properties.

Exterior light shall be directed away from adjacent properties.

The principal structure associated with this use shall be set back at least 100 feet from all property lines.

Adequate parking must be provided so that no on-street parking shall restrict the use of local residents.

This use may be restricted to property with frontage on an arterial or collector with access limited to the same, if deemed appropriate by the building inspector.

Group homes (six or less residential):

Allowable districts: A-1, All residential, C-1

Additional standards:

Parking shall be provided at a ratio of one space per three beds, plus one space for every doctor (staff or visiting) and for every two employees.

Parking must be designed as to provide for easy access and turnaround for emergency vehicles.

Surroundings must be consistent with the health and well being of the residents.

The lot must be of a size sufficient to allow outdoor use or exercise b the residents.

The maximum lot coverage is 50 percent.

Group homes (more than six):

Allowable districts: C-1, C-2, A-1

Additional standards:

Parking shall be provided at a ratio of one space per three beds, plus one space for every doctor (staff or visiting) and for every two employees.

Parking must be designed as to provide for easy access and turnaround for emergency vehicles.

Surroundings must be consistent with the health and well being of the residents.

The lot must be of a size sufficient to allow outdoor use or exercise by the residents.

The maximum lot coverage is 50 percent.

A solid fence, wall or planted buffer must separate property from adjacent residential properties.

The principal structure associated with this use shall be set back at least 100 feet from all property lines.

This use may be restricted to property with frontage on an arterial or collector with access limited to the same, if deemed appropriate by the building inspector.

Home occupations, day care (more than six):

Allowable districts: A-1, R-2, R-3, R-4

Additional standards:

Must receive certificate of registration from the Department of Human Resources Family and Children Services Day Care Services. (DEFACS)

Must abide with and follow federal and local requirements and regulations whichever is stricter.

Home occupations, general:

Only residents of the dwelling may be engaged in the home occupation.

Home occupation shall be clearly incidental to the residential use of the dwelling and shall not change the essential residential character of the building.

No business or advertising sign is allowed for home occupations.

Use of the building for this purpose shall not exceed 25 percent of one floor of the principle building.

No internal or external alterations inconsistent with the residential use of the building shall be permitted.

The occupation shall not constitute a nuisance in the neighborhood.

Any accessory building or structure shall be in keeping with the essential residential character and shall comply with all development and construction standards such as setbacks and applicable SBCCI, federal, state and local codes.

Instruction in music and similar subjects shall be limited to two students at a time.

Vehicles used primarily as passenger vehicles only shall be permitted in connection with the conduct of the customary home occupation.

No use shall involve public contact on the property except for tutoring, music lessons, etc. and no article, or product shall be sold on the premises other than by telephone without approval by the planning and zoning commission and city council.

The following and similar uses shall be considered home occupations: telemarketing, insurance agent, music teacher, notary public, photography, real estate agent, tax consultant.

Those requesting a home occupation within the historic district shall obtain a favorable recommendation from the historic preservation commission before submitting an application for a home occupation to the planning and development department. Should an unfavorable decision be received from the historic preservation commission, an appeal may be made to the city council by filing an appeal at the planning and development office.

Junkyards:

Allowable districts: I-1, I-2.

Additional standards:

The use may not create noise, dust, vibration, smell, excessive traffic, rodent infestation, smoke, glare or electrical interference so as to arise to the level of a nuisance.

This use shall not be permitted within 500 feet of any property used for a residence, school, park, church, playground or hospital.

This use shall not be permitted within 500 feet of the boundary of any R district.

A solid fence or wall at least six feet in height shall be erected along all property lines.

The maximum lot coverage is 50 percent.

A minimum buffer of 100 feet shall be required.

The minimum front yard setback is 100 feet.

Vehicular access shall be from an arterial street.

The minimum area is five acres.

The minimum lot width is 300 feet.

Lumber yard, coal storage yard:

Allowable districts: C-2

Additional standards:

Outdoor storage shall be at least 50 feet from the right-of-way.

Yard shall be enclosed by an eight-foot, screening fence.

Nursery schools, kindergarten:

Allowable districts: R-2, R-3

Additional standards:

Off-street loading and unloading spaces are required.

At least 100 feet of outdoor play area is supplied for each child.

Entire play area must be enclosed by a fence having a minimum height of four feet and constructed in such a manner that maximum safety of the children is insured.

The use may not create noise, dust, vibration, smell, excessive traffic, smoke, glare or electrical interference so as to arise to the level of a nuisance.

A solid fence, wall or planted buffer must separate property from adjacent residential properties.

Professional offices: (medical, dental, legal, financial, real estate, etc.)

Allowable districts: R-2, R-3

Additional standards:

Off-street parking shall be provided with one space for each 200 square feet of floor area plus one space for each employee.

All buildings and structures shall comply with the front, side and rear yard setback requirements established for the district in which it is to be located.

Only one business sign, not to exceed six square feet in size, motionless, non-illuminated, and attached to the principle building.

No advertising signs.

Recycling centers:

Allowable districts: All districts.

Additional standards:

The use may not create noise, dust, vibration, smell, excessive traffic, smoke, glare or electrical interference so as to arise to the level of a nuisance.

A solid fence or wall at least six feet in height shall be erected along all property lines shared with any lot zoned or in use for residential purposes.

The maximum lot coverage is 50 percent.

The principal structure associated with this use shall be set back at least 50 feet from all property lines.

A minimum buffer of 50 feet shall be required.

A plan for rodent and other pest control shall be required.

Schools (private or public):

Allowable districts: R-1, R-2, R-3, C-1, C-2

Additional standards:

The maximum lot coverage is 65 percent.

The principal structure associated with this use shall be set back at least 100 feet from all property lines.

A minimum buffer of 50 feet shall be required.

A minimum front yard setback is 100 feet.

Swimming pool, commercial or private:

Allowable districts: A-1, all residential, C-1, C-2, I-1

Additional standards:

A solid fence or wall at least six feet in height shall be erected along all property lines shared with any lot zoned or in use for residential purposes.

Exterior lighting shall be deflected away from adjacent properties.

The principal structure associated with this use shall be set back at least 100 feet from all property lines.

A minimum buffer of 50 feet shall be required.

If approved, this use may be subject to limitation upon the hours of operation or noise levels.

Parking shall be provided at a ratio of five spaces per 1,000 square feet of pool and structure area.

Tennis center, courts, private:

Allowable districts: A-1, all residential, C-1, C-2, I-1

Additional standards:

A solid fence or wall at least six feet in height shall be erected along all property lines shared with any lot zoned or in use for residential purposes.

Exterior lighting shall be deflected away from adjacent properties.

The principal structure associated with this use shall be set back at least 100 feet from all property lines.

A minimum buffer of 50 feet shall be required.

If approved, this use may be subject to limitation upon hours of operation or noise levels.

Parking shall be provided at a ratio of four spaces per tennis court.

Travel trailer parks:

Allowable districts: C-1, C-2

Additional standards:

No travel trailer park shall be located except with direct access to a county, state or federal highway, with a minimum lot width of not less than 50 feet for access points. No entrance or exit shall be through a residential district, or shall require movement of traffic from the park though a residential district.

The minimum lot area per park shall be three acres.

Spaces in travel trailer parks may be used by travel trailers provided they meet any additional laws or ordinances and shall be rented by the day or week only, and an occupant of such space shall remain in the same trailer park for a period of not more than 30 days per six-month period.

Management headquarters, recreational facilities, toilets, showers, laundry facilities and other uses and structures customarily incidental to operation of a trailer park are permitted as accessory uses in any district in which trailer parks are allowed, provided that:

Such establishments and the parking area primarily related to the operations shall not occupy more than ten percent of the area of the park.

Such establishments shall be restricted in their use to occupants of the park.

Such establishments shall present no visible evidence of the commercial character that would attract customers other than occupants of the park.

No space shall be located so that any part intended for occupancy for sleeping purposes shall be within 50 feet of the right-of-way line of any freeway, expressway, arterial or collector streets.

In addition to meeting the above requirements, the travel trailer park site plan shall be accompanied by a certificate of approval from the county health department.

(3)

Conditional use permits; expiration. All conditional use permits shall be in effect continuously from date of approval with the following exceptions:

a.

The conditional use permit, to remain in effect, must be used/initiated within one year of the approval or the permit will expire after the one-year anniversary of the approval.

b.

The conditional use conditions are not met or create a public nuisance.

c.

Unless a time limit is set by the planning and zoning commission and/or the city council.

(c)

Variances.

(1)

A variance from the development standards of this chapter may be granted if:

a.

The lot in question is exceptionally narrow, shallow or otherwise oddly shaped and was in existence when this chapter was adopted; or

b.

There are other exceptional or unusual features or aspects of the property that would result in undue hardship or practical difficulty to the owner were the chapter applied. The applicant cannot create or cause the unusual circumstances of which he complains.

(2)

Under no circumstances may a variance be granted to allow a use prohibited in any given zoning district.

(d)

Questions of interpretation. The planning and zoning commission shall hear and resolve questions relating to interpretation of use restrictions, development standards and other administrative determinations made by the building inspector, zoning enforcement officer or other official in the administration or enforcement of any provision of this chapter.

(e)

Appeals. The planning and zoning commission shall hear and decide appeals where it is alleged by the applicant that there is an error in any order, requirement, development permit, decision, determination or refusal made by the building inspector or other administrative or enforcement of any provision of this chapter. Under no circumstances shall the planning and zoning commission hear appeals from decision of the city council, which appeals only may be heard in court in the manner prescribed by all applicable law.

(Ord. of 3-20-2006)

(a)

The following rules of procedure govern public hearings on all amendments, rezoning, variances, conditional use permits, appeals, matters of interpretation and similar matters relating to this chapter before the city planning and zoning commission and the city council. These rules apply to all such public hearing items appearing on any agenda.

(1)

Individuals desiring to address either planning and zoning commission or city council regarding an agenda item are required to complete a name and address card and present it to the clerk. Applicants or proponents of an item on the public hearing agenda shall be heard first and shall have a total of ten minutes in which to present any information pertinent to the issue to be decided. Opponents of the issue may respond and shall have a total of ten minutes in which to present any information pertinent to the issue to be decided. Applicants or proponents may use any unused portion of their ten minutes for rebuttal. Opponents shall not have the right of rebuttal. If there is more than one speaker per side, speakers must divide their time in order to complete their full presentation within the ten-minute allotment. No demonstrations will be permitted.

(2)

Written comments on the subject of the hearing may be submitted by any person at any time prior to the adjournments of the hearing.

(3)

Following the presentation of positions by members of the public, a recommendation from the city staff shall be presented.

(4)

Following the staff recommendation, members of either commission may ask of anyone present questions pertinent to the issue, and also may discuss the issue amongst themselves.

(5)

Following questions and/or comments by commission members, a motion for action on the issue will be in order.

(6)

Authorized action by the planning and zoning commission or the city council, with respect to any motion pending before it, consists of one of the following: approval, approval with conditions, denial, deferral, withdrawal without prejudice, or deferral to a time certain. Any vote shall be by roll call or show of hands. A tie vote acts as a denial.

(7)

No official action shall be taken except upon the affirmative vote of at least three members of the planning and zoning commission or city council, or a majority of a quorum, whichever is greater. Notwithstanding the foregoing, a unanimous vote of the quorum present shall be required [to] reverse a decision of the building inspector or zoning enforcement officer and to waive the waiting periods within which to re-file private applications which have been denied.

(8)

Minutes of the meetings of the planning and zoning commission and city council shall be maintained and any written or other tangible materials presented at the hearing must be kept as a permanent records. Any person desiring a transcript of the hearing must arrange for a court reporter at his or her own expense.

(9)

The planning and zoning commission and the city council shall confirm, in writing to the applicant, its decisions with respect to any matter pending before it at the request of a private applicant. Any map amendment shall be posted by the building inspector on the official zoning maps within 30 days of its approval by the commission. On the effective date of the amendment of the official zoning maps, such amendments shall be posted in an appropriate manner; and records accompanying or references upon the maps shall enable the identification of the official action by which such amendment was made and the date of such action. No such amendments shall become effective until such a change in entry has been made on the official maps, it being the intent of this chapter that the public shall be able to rely on such maps as correct and final authority as to current zoning status without investigating for possible errors or omissions. No change of any nature shall be made in the official zoning maps except in conformity with the procedures and requirements of this division.

(b)

If the official zoning maps become damaged, lost or difficult to interpret by reason of the nature or number of changes, the planning and zoning commission may by ordinance authorize new official zoning maps which shall supersede the prior maps; provided, however, that if there is uncertainty about the zoning status of any area because of the condition of the maps or any part thereof, such action shall take the form of an amendment to this chapter, and shall resolve the uncertainty. The new official zoning maps may correct drafting or other omissions or errors in the prior maps, but no such correction shall have the effect of amendment as to zoning status unless the action adopting such maps is an amending action. The new official zoning maps shall be authenticated and attested as for the original, with wording indicating when and by what instrument the prior document was adopted. Unless the prior official zoning maps have been lost or wholly destroyed, such documents or any remaining significant parts thereof, shall be preserved, together with any significant records pertaining t the adoption or amendment, as a guide to prior zoning status of areas.

(Ord. of 3-20-2006)

The building inspector shall provide such technical and clerical assistance as the planning and zoning commission and the city council may require, and shall maintain a permanent and complete record of the activities of both the planning and zoning commission and the city council.

(Ord. of 3-20-2006)

Each application for a rezoning, text amendment, variance, conditional use permit, question of interpretation or appeal shall be accompanied by a fee set by the city council to partially defray the public expense in processing the application. The fee shall not be required, however, for an application filed by the building inspector or a governmental agency.

(Ord. of 3-20-2006)

The planning and zoning commission and the city council may adopt such other rules for its own internal administration and procedures, provided they are not inconsistent with this chapter.

(Ord. of 3-20-2006)

In such case that an application to the planning and zoning commission is initiated due to an existing violation of this chapter, and such application is denied, the violation shall be required to be corrected within ten days of such denial or as specified by the final decision-making authority if a greater time period is required. The maximum extension of time shall not exceed 30 days. The provision for compliance shall begin with the date of the final decision of the city council on a rezoning, or if an appeal to it is filed according to the provisions of this division; otherwise, compliance shall take place within the requisite period of time after the planning and zoning commission hearing.

(Ord. of 3-20-2006)