A.

The administrator shall administer and enforce this ordinance. If the administrator shall find that any of the provisions of this ordinance are being violated, he shall notify in writing the person responsible for the violation or the property owner, indicating the nature of the violation and ordering the action necessary to correct it. The administrator is authorized to perform any duty required by law to process an appeal of any decision under this ordinance to the Superior Court of Bartow County.

B.

The administrator shall order discontinuance of illegal uses of land, buildings, or structures; removal of illegal buildings or structures including illegal additions, alterations, or structural changes; discontinuance of any illegal work being done; or shall take any other action authorized by this ordinance to ensure compliance with or to prevent violation of its provisions.

C.

The administrator, upon receiving any application, petition, proposal or request pertaining to this ordinance, shall determine whether such application complies with legal and procedural requirements. If it does not comply with the requirements of this ordinance, the administrator shall notify in writing the persons presenting the application, stating wherein the application is deficient. If it is determined that the application does comply with this ordinance, the administrator shall proceed to act on the application.

(Ord. No. 2023-015, § 1L, 7-24-2023)

The mayor and city council shall establish a schedule of fees, charges and expenses and a collection procedure for applications, permits and other matters pertaining to this ordinance. The schedule of fees shall be maintained in the office of the city clerk of Emerson. Until all applicable fees, charges and expenses have been paid in full, no action shall be taken on any application or appeal.

Any person who violates this article or fails to comply with any of its requirements may, upon conviction thereof, be fined for each violation and/or imprisoned, or both, and in addition, shall pay all costs and expenses involved in each separate offense as set by the municipal court judge. Nothing herein contained shall prevent the City of Emerson from taking such other lawful action as is necessary to prevent or remedy any violation.

The text of this ordinance or the official zoning map may be amended by the mayor and city council on its own motion, or on recommendation of the planning commission, or on recommendation of a third party applicant; however, before enacting any such amendment, the mayor and city council shall give public notice and hold a public hearing thereon.

Applications to amend the text of this ordinance may be in the form of a proposal letter addressed to the administrator. Each proposal shall include such information as required by the administrator.

Each application for a conditional use permit or to amend the official zoning map shall be filed with the administrator. Each application shall include such information as the administrator may require including, but not limited to, a plat drawn to scale showing the following:

1.

A legal description of the tract(s) proposed to be rezoned or included in a conditional use permit;

2.

A plat showing the dimensions, acreage and location of the tract(s) prepared by a state registered architect, engineer, or land surveyor; such plat shall also contain the present zoning classifications of all surrounding properties;

3.

The present zoning classification tract(s) and the proposed zoning classification for the tract(s) requested to be rezoned;

4.

The name(s) and address(es) of the owners of the land and their agents, if any;

5.

A copy of the recorded warranty deed (or other instrument of title) which vested title to the property in the applicant;

6.

A copy of the paid in full tax bill or a letter from the Bartow County Tax Department stating that all taxes have been paid;

7.

All applications must be submitted by the property owner (as determined by controlling at least a 51 percent interest in the property) or the authorized agent of such property, unless initiated by the mayor and city council or planning commission.

Each application for annexation shall be filed with the administrator. Each application shall include such information as the administrator may require.

1.

Within five business days of accepting an application for annexation, the administrator shall give written notice to Bartow County, by certified mail- return receipt requested, along with a copy of the application for annexation received.

2.

The city shall make plans for the extension of services to the area proposed to be annexed and shall prepare a report to be made available to the public at least 14 days prior to the public hearing.

3.

All annexation proposals must be accompanied by an application for map amendment submitted to the administrator even if the applicant desires the city zoning district most similar to that district previously designated by Bartow County.

A.

The City of Emerson shall consider the following when considering all zoning decisions:

1.

The existing land uses and zoning classification of nearby property;

2.

The suitability of the subject property for the zoned purposes;

3.

The extent to which the property values of the subject property are diminished by the particular zoning restrictions;

4.

The extent to which the destruction of property values of the subject property promotes the health, safety, morals or general welfare of the public;

5.

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

6.

Whether the subject property has a reasonable economic use as currently zoned;

7.

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

8.

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

9.

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

B.

The City of Emerson shall also consider the following standards when considering all zoning decisions except annexations:

1.

Whether the zoning proposal is in conformity with the policies and intent of the future land use map and comprehensive plan;

2.

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

3.

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

A.

Sign up. All persons who wish to address the planning commission at a hearing on the proposed zoning decision under consideration by the planning commission shall first sign up on a form to be provided by the city prior to the commencement of the hearing.

B.

Matter presented. The chair of the planning commission or his designee will read the proposed zoning decision under consideration in the order determined by the zoning administrator. The zoning administrator, or his designee, shall then present the zoning decision, along with the pertinent departmental reviews, if any, prior to receiving public input on the proposed zoning decision. If an application is not complete, or all requirements of this ordinance have not been complied with, the application is out of order and will not be called at that meeting. It shall be postponed until the next meeting of the planning commission. If the application is still incomplete or out of order at the next meeting, it shall be deemed withdrawn. The applicant shall have to wait six months to reapply.

C.

Speakers. The chair of the planning commission or his designee will then call each person who has signed up to speak on the zoning decision in the order in which the persons have signed up to speak, except the applicant who will always speak first. Prior to speaking, the speaker will identify himself or herself and state his or her current address. Only those persons who signed up to speak prior to the commencement of the hearing shall be entitled to speak, unless by majority vote, the planning commission allows the person to speak to the zoning decision, notwithstanding the failure of the person to sign up prior to the hearing.

D.

Time limits. Each speaker shall be allowed five minutes to address the planning commission concerning the zoning decision then under consideration, unless by majority vote, the planning commission allows additional time for a particular speaker to address the planning commission on said proposed zoning decision. The applicant shall have a minimum of ten minutes for his presentation (including all related witnesses or experts). The applicant may initially use all of the time allotted to him to speak, or he may speak and reserve a portion of his allotted time for rebuttal. Opponents are not allowed rebuttal or a second opportunity to speak, unless by majority vote, specifically granted by the planning commission. In all circumstances, the proponent(s) and opponent(s) of each zoning decision shall have no less than ten minutes per side for presentation of data, evidence, and opinion thereon; if there is only one applicant or opponent, such person shall have the full ten minutes if desired. In the event the opponents collectively take more than ten minutes, the applicant's time shall be extended similarly. The zoning administrator or his designee shall be designated as the time keeper to record the time expended by each speaker.

E.

Decorum and order. Each speaker shall speak only to the merits of the proposed zoning decision under consideration and shall address his remarks only to the members of the planning commission. Each speaker shall refrain from personal attacks on any other speaker or the discussion of facts or opinions irrelevant to the proposed zoning decision under consideration. The chair may limit or refuse a speaker the right to continue, if the speaker, after first being cautioned, continues to violate this subsection. Nothing contained herein shall be construed as prohibiting the chair from conducting the hearing in an orderly and decorous manner to assure that the public hearing on a proposed zoning decision is conducted in a fair and orderly manner.

F.

These procedures shall be available in writing at each hearing.

(Ord. No. 2022-004, § I, 1-24-2022)

Editor's note— Ord. No. 2022-004, § I, adopted Jan. 24, 2022, repealed the former § 8.2015, and enacted a new § 8.2015 as set out herein. The former § 8.2015 pertained to public hearings before the planning commission of the City of Emerson and derived from Code of 2014.

A.

Sign up. All persons who wish to address the mayor and city council at a hearing on the proposed zoning decision under consideration by the mayor and city council shall first sign up on a form to be provided by the city prior to the commencement of the hearing.

B.

Matter presented. The mayor or his designee will read the proposed zoning decisions under consideration in the order determined by the zoning administrator. The zoning administrator, or his designee, shall then present the zoning decision under consideration, along with the pertinent departmental reviews, if any, prior to receiving public input on the proposed zoning decision. If an application is not complete, or all requirements of this ordinance have not been complied with, the application is out of order and will not be called at that meeting. It shall be postponed until the next meeting. If the application is still incomplete or out of order at the next meeting, it shall be deemed withdrawn. The applicant shall have to wait six months to reapply.

C.

Speakers. The mayor or his designee will then call each person who has signed up to speak on the zoning decision in the order in which the persons have signed up to speak, except the applicant who will always speak first. Prior to speaking, the speaker will identify himself or herself and state his or her current address. Only those persons who signed up to speak prior to the commencement of the hearing shall be entitled to speak, unless by majority vote the mayor and city council allows the person to speak to the zoning decision, notwithstanding the failure of the person to sign up prior to the hearing.

D.

Time limits. Each speaker shall be allowed five minutes to address the mayor and city council concerning the zoning decision then under consideration, unless the mayor and city council, by majority vote, votes to allow additional time for a particular speaker to address the mayor and city council on said proposed zoning decision. The applicant shall have a minimum of ten minutes for his presentation (including all related witnesses or experts). The applicant may initially use all of the time allotted to him to speak, or he may speak and reserve a portion of his allotted time for rebuttal. Opponents are not allowed rebuttal or a second opportunity to speak, unless specifically granted by majority vote of the mayor and city council. In all circumstances the proponent(s) and opponent(s) of each zoning decision shall have no less than ten minutes per side for presentation of data, evidence, and opinion thereon; if there is only one applicant or opponent, such person shall have the full ten minutes if desired. In the event the opponents collectively take more than ten minutes, the applicant's time shall be extended similarly. The zoning administrator or his designee shall be designated as the time keeper to record the time expended by each speaker.

E.

Decorum and order. Each speaker shall speak only to the merits of the proposed zoning decision under consideration and shall address his remarks only to the mayor and city council. Each speaker shall refrain from personal attacks on any other speaker or the discussion of facts or opinions irrelevant to the proposed zoning decision under consideration. The mayor and city council may limit or refuse a speaker the right to continue, if the speaker, after first being cautioned, continues to violate this subsection. Nothing contained herein shall be construed as prohibiting the chair from conducting the hearing in an orderly and decorous manner to assure that the public hearing on a proposed zoning decision is conducted in a fair and orderly manner.

F.

These procedures shall be available in writing at each hearing.

(Ord. No. 2022-004, § II, 1-24-2022)

Editor's note— Ord. No. 2022-004, § II, adopted Jan. 24, 2022, repealed the former § 8.2016, and enacted a new § 8.2016 as set out herein. The former § 8.2016 pertained to public hearings before the city council of the City of Emerson and derived from Code of 2014.

As to each application for zoning decision, the planning commission shall prepare and submit a written recommendation to approve, approve with conditions or deny the application to the mayor and city council.

So that the purpose of this article will be served and the health, public safety and general welfare secured, as to each application for zoning decision, the mayor and city council may approve, approve with conditions, deny or change the zoning classification requested, with or without prejudice, at the discretion of the mayor and city council.

A.

Variances. The planning commission shall have the powers to:

1.

Grant variances from zoning regulations of this article in cases where strict application of such regulations would result in unnecessary hardship; but only in harmony with the spirit and intent of these regulations and is the minimum necessary to grant relief without injury to the public interest.

2.

Every such judgment of the planning commission granting a variance shall be accompanied by a finding of fact specifying the reasons thereof. In approving variances, the planning commission shall consider all the evidence and upon its findings, supported by the testimony or by documentary testimony that such variance shall be required by one of the following causes:

a)

Because of the existence in good faith of a nonconforming use at a time prior to the adoption of the zoning ordinance of the City of Emerson, or amendments thereto, requires the continuance of such nonconforming use.

b)

There are extraordinary and exceptional conditions creating a substantial hardship to the applicant which pertain to the particular piece of property or building in question because of its size, shape or topography.

c)

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

3.

In granting any variance under the provisions of this section, the planning commission may designate such conditions in connection therewith as will, in its opinion, secure substantially the objectives of these regulations and may designate conditions to be performed or met by the user or property owner, out of regard for the public health, safety, comfort, convenience, and general welfare of the community, including safeguards for, with respect to light, air, areas of occupancy, density of population and conformity to any master or through traffic plan, the future development of the city.

B.

Appeals. To hear and decide appeals where it is alleged there is error in any order, requirement, decision, or determination made by the administrator in the enforcement of this chapter. Appeals to the planning commission may be taken by any person aggrieved or by any officer, department, board, or bureau of the city affected by any decision of the administrator. Such appeal shall be taken within 30 days of said decision by filing with the administrator a written notice of appeal specifying the grounds thereof.

(Ord. No. 2023-015, § 1M, 7-24-2023)

A.

The administrator is authorized by this chapter to issue an administrative variance to reduce any particular numeric criteria, standard, or requirement by up to and including 20 percent, except that no administrative variance may be granted to reduce a lot below the applicable minimum lot size. In rendering his or her decision, the administrator shall consider preexisting topographic, geological, hydrological, lot layout, or environmental factors.

B.

To initiate an application for an administrative variance, an application must be submitted to the administrator which shall include the following:

1.

An application form supplied by the administrator must be completed by the applicant.

2.

A fee set forth on the city's fee schedule.

3.

A written narrative explaining and justifying the request.

4.

A drawing using a correct plat of the property drawn to scale showing all property lines with dimensions, location of buildings and other structures, north arrow, street numbers, lot and/or parcel number from the county tax sheet, locations of setback lines or other dimensional requirements from which the administrative variance is sought.

5.

Notarized signatures of the property owner, or his or her authorized representative, and the applicant.

C.

The administrator shall review the application for completeness within ten calendar days of submission. Incomplete or improper applications may be returned to the applicant.

D.

In rendering a decision on an administrative variance application, the administrator shall consider all information supplied by the applicant. Within ten calendar days of receipt of a completed application for an administrative variance, the administrator shall approve the application as submitted, approve the application with conditions, or deny the application. If the administrator fails to issue a decision within ten days, the application shall be deemed automatically denied, and the applicant shall have a right of appeal to the planning commission pursuant to the provisions of this section.

E.

Such administrative variance may be granted in an individual case upon a finding by the administrator that one or more of the following exists:

1.

There are extraordinary and exceptional conditions pertaining to the particular piece of property in question because of its size, shape, or topography;

2.

The application of these regulations to this particular piece of property would create a practical difficulty or unnecessary hardship;

3.

Such conditions are peculiar to the particular piece of property involved;

4.

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

5.

A literal interpretation of this chapter would deprive the applicant of any rights that others in the same district are allowed.

F.

An administrative variance shall be granted or denied in writing. Notice of the grant of an administrative variance shall be sent to all adjoining property owners, either by certificate of mailing or certified mail, by the administrator. The notice shall describe the variance granted and state that interested parties have 30 days in which to file an appeal of the variance to the planning commission. Only owners reflected on the records of the tax assessors as of the date of the application shall be entitled to notice. The 30 days shall be counted from the date of mailing of the notice. The administrator shall keep public records of all administrative variances applied for and granted pursuant to this chapter.

(Ord. No. 2023-015, § 1M, 7-24-2023)

A.

Approved variance permits must be implemented within a period of 12 months. After 12 months, approval must be obtained again before building or development may begin.

B.

Variance permits may not be granted conditioned upon the approval of an application to amend this article or to amend the official zoning map.

C.

Variance permits shall only remain in effect as long as the property to which it applies remains in the same zoning classification such property was in at the time the variance was granted.

(Ord. No. 2023-015, § 1M, 7-24-2023)

A.

The mayor and city council shall have the powers to hear and decide appeals from the decision of the planning commission regarding an application for a variance permit where it is alleged there is error in any order, requirement, decision or determination.

B.

In granting any appeal of a variance decision under the provisions of this section, the mayor and city council are thereby granting a variance permit and all such regulations regarding variance permits must be adhered to as outlined in this article.

C.

In granting any appeal under the provisions of this section, the mayor and city council may designate such conditions in connection therewith as will, in its opinion, secure substantially the objectives of these regulations and may designate conditions to be performed or met by the user or property owner, out of regard for the public health, safety, comfort, convenience, and general welfare of the community, including safeguards for, with respect to light, air, areas of occupancy, density of population and conformity to any master or through traffic plan, the future development of the city.

D.

No appeal requesting the same relief in regard to the decision shall be received or heard for a period of 12 months following the date of said hearing, except that this limitation shall not affect the right of the mayor and city council to grant rehearing.

E.

An appeal stays all legal proceedings in furtherance of action appealed from, unless the zoning administrator certifies to the mayor and city council, after the notice of appeal shall have been filed with him, that by reasons of facts stated in the certificate a stay would, in his opinion, cause imminent peril to life and property.

F.

Decisions of the mayor and council may be appealed to the Superior Court of Bartow County in the manner provided by law.

(Ord. No. 2023-015, § 1M, 7-24-2023)

A.

Applications. Applications for appeals or variances must be filed in accordance with the schedule and forms set out by the administrator. A site plan prepared and signed by a state licensed surveyor or engineer shall be submitted with all variance applications unless the administrator determines that such a site plan will not meaningfully assist the consideration of the application. For appeals to the planning commission or mayor and council, the administrator shall transmit to that body all documents constituting the record upon which the action appealed from was taken. The owner of the property that is the subject of the application shall be mailed notice of the public hearing at least 30 days prior to the date of the hearing.

B.

Published notice. Due notice of a public hearing on planning commission variances and appeals to the planning commission and mayor and council shall be published in the newspaper of general circulation within the city. Notice advertising the hearing on the appeal or variance and indicating date, time, place and purpose of the public hearing shall be published at least 30 days but not more than 45 days prior to the date of the hearing. The cost of the advertisement shall be borne by the applicant. The administrator shall post, at least 30 days prior to the public hearing, in a conspicuous place in the public right-of-way fronting the property or on the property for which an application has been submitted, a sign or signs containing information as to the application number, date, time and place of the public hearing.

C.

Letters to adjacent property owners. The administrator shall also give notice of the public hearing on planning commission variances and appeals to the planning commission or mayor and council to the owner of record of properties adjoining the property for which said appeal or variance is made or sought. Said notice shall be given to each adjoining property owner by first class mail, with proof of mailing obtained from the post office. Proof of mailing means either a first-class certificate of mailing or a first class certified mail receipt; a proof of delivery is not required. Only owners reflected on the records of the tax assessors as of the date of the application shall be entitled to mailed notice. In determining the adjoining property owners, road, street or railroad rights-of-way shall be disregarded. Said notice must be mailed at least 15 days prior to the date of said scheduled public hearing.

D.

Information in notice. The notice required herein to be published and to be served upon adjacent property owners shall contain the following information:

1.

Name and address of the applicant;

2.

Address and location of the property for which the appeal or variance is sought;

3.

Current zoning of the property for which the appeal or variance is sought;

4.

The variance requested or the subject matter of the appeal and the reason for the requested variance or the appeal; and

5.

The date, time and place of the public hearing on said requested appeal or variance.

E.

Recording hearing. The applicant may arrange for and provide a certified court reporter to transcribe the hearing at the expense of the applicant.

F.

Public hearings on variances and appeals shall be conducted pursuant to the following procedures:

1.

Sign up. All persons who wish to speak at a hearing shall first sign up on a form to be provided by the city prior to the commencement of the hearing.

2.

Matter presented. The meeting chair or his designee will read the action under consideration. The zoning administrator, or his designee, shall then present the variance or appeal under consideration, along with the pertinent departmental reviews, if any, prior to receiving public input on the proposed zoning decision. If an application is not complete, or all requirements of this ordinance have not been complied with, the application is out of order and may not be called at that meeting. It shall be postponed until the next meeting. If the application is still incomplete or out of order at the next meeting, it shall be deemed withdrawn. The applicant shall have to wait six months to reapply.

3.

Speakers. The meeting chair or his designee will then call each person who has signed up to speak on the matter in the order in which the persons have signed up to speak, except the applicant will always be allowed to speak first. Prior to speaking, the speaker will identify himself or herself and state his or her current address.

4.

Time limits. Each speaker shall be allowed five minutes to speak concerning the matter then under consideration. The applicant shall have a minimum of ten minutes for his presentation (including all related witnesses or experts). The applicant may initially use all of the time allotted to him to speak, or he may speak and reserve a portion of his allotted time for rebuttal. Opponents are not allowed rebuttal or a second opportunity to speak, unless specifically granted by the body hearing the matter. In all circumstances the proponent(s) and opponent(s) shall have no less than ten minutes per side for presentation of data, evidence, and opinion thereon; if there is only one applicant or opponent, such person shall have the full ten minutes if desired. In the event the opponents collectively take more than ten minutes, the applicant's time shall be extended similarly. The zoning administrator or his designee shall be designated as the time keeper to record the time expended by each speaker.

5.

Decorum and order. Each speaker shall speak only to the merits of the proposed zoning decision under consideration and shall address his remarks only to the body hearing the matter. Each speaker shall refrain from personal attacks on any other speaker or the discussion of facts or opinions irrelevant to the matter under consideration. Nothing contained herein shall be construed as prohibiting the chair from conducting the hearing in an orderly and decorous manner to assure that the public hearing is conducted in a fair and orderly manner.

6.

These procedures shall be available in writing at each hearing.

(Ord. No. 2023-015, § 1M, 7-24-2023)