From time to time, the governing body may adopt fees for the issuance of permits, the submission of applications, the provision of inspections, and such other activities and authorizations as regulated by this Code.

(ULDC 2005, § 9-24-1-1; Ord. No. 2020-42, § LI, 11-3-2020)

No person shall refuse entry or access to any authorized representative or agent of the city, inspections personnel of the city or county, the state soil and water conservation commission, the county soil and water conservation district, or the state environmental protection division who requests entry for the purposes of inspection, and who presents appropriate credentials, nor shall any person obstruct, hamper or interfere with any such representative while in the process of carrying out his official duties.

(ULDC 2005, § 9-24-1-2; Ord. No. 2020-42, § LI, 11-3-2020)

The director of community and economic development or designee shall have all the necessary powers explicitly provided, or reasonably implied, in connection with the administration of this Code, including, but not limited to, those enumerated in this section. Where such provisions indicate the director of community and economic development has the authority to review and approve a given application or activity, said authority shall also include the denial of such application or activity.

(1)

Schedules. To adopt schedules of dates, times and places as appropriate and necessary for the processing of applications established by this Code.

(2)

Administrative procedures and forms. To prepare administrative procedures, guidelines, application forms, to tend to other administrative details not inconsistent with the provisions of this Code, and to implement the provisions of this Code.

(3)

Approval of preliminary and final plats. To review and approve preliminary plats and final plats as also specifically provided in section 9-13-1-2.

(4)

Land development plans. To review and approve or deny land development plans and issue or refuse to issue land development permits in accordance with chapter 9-13-7.

(5)

Home occupations. To review and approve home occupations as specifically provided in section 9-10-4-12.

(6)

Special temporary outdoor events. To review and authorize, and to issue permits for special temporary outdoor events as provided in section 9-10-8-2.

(7)

Nonconforming situations. To compel an applicant to completely correct or reduce the noncompliance of nonconforming situations, pursuant to authority and subject to the limitations of chapter 9-11-5.

(8)

Modify and extend application requirements. To waive certain requirements, and to require additional information be submitted, for applications submitted pursuant to article 9-22 and article 9-23.

(9)

Public notices. To provide notices or require the notice of applications submitted pursuant to article 9-22 and article 9-23.

(10)

Recommendations on applications. To provide recommendations on annexation, rezoning and special use applications to the planning and appeals board and governing body, as may be appropriate, and as authorized in article 9-22. Also, the director may provide findings or recommendations regarding zoning variances to the planning and appeals board.

(11)

Certificates of appropriateness. To review, approve, and issue certificates of appropriateness for minor work projects and to provide findings and if appropriate recommendations to the historic preservation whether to issue certificates of appropriateness for major work projects pursuant to chapter 9-23-1.

(12)

Permits for tree removal. To issue permits when required for the removal of certain trees as specified in section 9-16-5-7.

(13)

Secretary, planning and appeals board. To serve as secretary to the planning and appeals board, as provided in section 9-21-1-10, or to appoint a planning commission clerk or other designee to serve in such capacity.

(14)

Inspections and investigations. To conduct such investigations as he may reasonably deem necessary to ensure or compel compliance with the requirements and provisions of this Code, even if such responsibilities are delegated to code enforcement officers or other administrative or enforcement officers of the city.

(15)

Enter property. To enter at reasonable times upon any property for purposes of investigation, inspection and enforcement.

(16)

Enforcement. To enforce any and all provisions of this Code.

(17)

Delegation. To delegate the functions and responsibilities of the director's position to other personnel in the community and economic development department.

(18)

Interpretation. To interpret the provisions of this Code, as provided in section 9-2-1-1. Also, when the administrative or enforcement responsibilities of this article are in question, the director of community and economic development shall make such interpretation.

(19)

Maintain official zoning maps and overlay zone maps. To maintain and update the official zoning map of the city as provided in section 9-4-1-3 and overlay zone maps of the city as provided in section 9-4-2-3.

(20)

Determine zoning boundaries. To determine the location of the boundary of zoning districts and overlay zones when the exact location cannot be determined, as provided in section 9-4-3-7.

(21)

Administrative variances. To review and approve applications for administrative variances, as provided under chapter 9-24-3, and as specifically provided in any other chapters or sections of this Code not specifically referenced in said chapter.

(ULDC 2005, § 9-24-1-3; Ord. No. 2020-42, § LI, 11-3-2020)

The director of public works shall have all the necessary powers explicitly provided in connection with the administration of this Code, as they pertain to functions assigned to said director, including, but not limited to, those enumerated in this section. Where such provisions indicate the director of public works has the authority to review and approve a given application or activity, said authority shall also include the denial of such application or activity.

(1)

Inspection. To periodically inspect the sites of land-disturbing activities for which permits have been issued to determine if the activities are being conducted in accordance with all applicable provisions of this Code.

(2)

Delegation. To delegate the functions and responsibilities to other personnel in the public works department.

(3)

Land development plans. To review land development plans and review streets and non-water resources related public improvements and recommendations for acceptance of public improvements by the governing body as provided in article 9-13.

(4)

Promulgation of additional technical standards. To promulgate additional technical standards and construction specifications for land development improvements not already specified by this Code, including, but not limited to, streets, driveways, curb cuts related to flow of traffic, and parking lots, as specifically provided in section 9-13-1-2.

(5)

Traffic impact analyses. To administer the provisions of chapter 9-22-5 regarding the technical review of traffic impact analyses, and to promulgate and require the use of additional technical specifications for conducting traffic impact analyses, as provided in section 9-22-5-12.

(6)

Enforcement. To enforce those provisions of this Code that relate to the primary activities of the director of public works.

(7)

Airport zones. To direct a property owner to that a tree or structure that violates Airport Overlay Zone requirements be removed or modified to the extent necessary to comply with the applicable height limit, as provided in section 9-8-1-9; and to review and recommend variances with regard to Airport Overlay Zone requirements as provided in section 9-8-1-11.

(8)

Administrative variances. To review and approve applications for administrative variances, pursuant to chapter 9-24-3, but only as explicitly permitted in this Code.

(ULDC 2005, § 9-24-1-4; Ord. No. 2020-42, § LI, 11-3-2020)

The director of water resources shall have all the necessary powers explicitly provided in connection with the administration of this Code, as they pertain to functions assigned to said director, including, but not limited to, those enumerated in this section. Where such provisions indicate the director of water resources has the authority to review and approve a given application or activity, said authority shall also include the denial of such application or activity.

(1)

Approval of water, wastewater and stormwater management facilities. To review and approve the design of water, wastewater and stormwater management facilities for subdivisions and land developments.

(2)

Inspection. To periodically inspect the sites of water, wastewater and stormwater management facilities for which permits have been issued to determine if the activities are being conducted in accordance with all applicable provisions of this Code.

(3)

Delegation. To delegate the functions and responsibilities to other personnel in the department of water resources.

(4)

Promulgation of additional technical standards. To promulgate additional technical standards and construction specifications for land development improvements not already specified by this Code, including, but not limited to, water and sanitary sewer systems and stormwater management facilities.

(5)

Enforcement. To enforce those provisions of this Code that relate to the primary activities of the director of water resources.

(6)

Flood hazard area regulations. To fulfill the functions and duties assigned under article 9-15 relative to floodplain management regulations.

(ULDC 2005, § 9-24-1-5; Ord. No. 2020-42, § LI, 11-3-2020)

The building official shall have all the necessary powers explicitly provided in connection with the administration of this Code, as they pertain to functions assigned to the building official, including, but not limited to, the following:

(1)

Building permits and certificates of occupancy. To review, approve, and issue building permits and certificates of occupancy, and to administer all provisions of article 9-20.

(2)

Delegation. To delegate the functions and responsibilities to one or more building inspectors.

(3)

Enforcement. To enforce those provisions of this Code that relate to the primary activities of the building official.

(ULDC 2005, § 9-24-1-6; Ord. No. 2020-42, § LI, 11-3-2020)

Whenever a violation of this Code occurs or is alleged to have occurred, any person may file a written complaint with the designated code enforcement officer of the city. Such complaint shall state clearly and fully the causes and bases of the complaint. The designated code enforcement officer shall record properly such complaint, investigate, and take action thereon as may be appropriate to enforce this Code.

(ULDC 2005, § 9-24-2-1; Ord. No. 2020-42, § LI, 11-3-2020)

(a)

If, through inspection, it is deemed that a person engaged in land-disturbing, development, building construction, or use or other activities has failed to comply with any provision of this Code, the city through the appropriate official, as provided in this article, shall enforce the provisions of this Code as more fully set forth in this chapter.

(b)

The director of community and economic development, the director of public works, the director of water resources, and the building official shall have responsibilities and the authority to enforce the provisions of this Code as provided in this chapter. City marshals, code enforcement officers, land development inspectors, planners, department of water resources inspectors, and building inspectors, if delegated such responsibilities, shall have such authority and responsibility to enforce the provisions of this Code assigned to the officer delegating such authority.

(ULDC 2005, § 9-24-2-2; Ord. No. 2020-42, § LI, 11-3-2020)

Without limiting the generality of this chapter, enforcement responsibilities are logically divided into different activities regulated under this Code. It is the intent of this chapter to assign enforcement responsibilities to the administrative personnel who has primary review responsibility for that particular activity, but that intent shall not preclude one or more administrative officers assigned enforcement responsibilities by this article from enforcing a provision of this Code that is not a primary review responsibility.

(ULDC 2005, § 9-24-2-3; Ord. No. 2020-42, § LI, 11-3-2020)

Administrative officers shall have at their disposal the enforcement techniques provided in this chapter, subject to the limitations specified in this chapter.

(ULDC 2005, § 9-24-2-4; Ord. No. 2020-42, § LI, 11-3-2020)

(a)

When violations are discovered, a written notice to comply shall be served upon the owner of the property, his authorized agent or the person in charge of the activity on the property. Each of these persons shall be assumed to be individually responsible for compliance with this Code.

(b)

The notice shall set forth the measures necessary to achieve compliance and shall state the time within which such measures must be completed. If the person engaged in the violating activity fails to comply within the time specified, he shall be deemed in violation of this Code.

(ULDC 2005, § 9-24-2-5; Ord. No. 2020-42, § LI, 11-3-2020)

(a)

Upon notice from the city, work on any project that is being done contrary to the provisions of this Code or in a dangerous or unsafe manner, shall be immediately stopped.

(b)

Such notice shall be in writing and shall be given to the owner of the property, his authorized agent or the person in charge of the activity on the property, and shall state the conditions under which work may be resumed. Where in the opinion of the director of community and economic development, director of public works, director of water resources, or building official an emergency exists (whichever has enforcement responsibilities), no written notice shall be required.

(c)

Such stop-work order may be lifted at such time as the enforcing officer is satisfied that a good faith effort is being made to comply with applicable provisions of this Code. Nothing shall prevent said officer from reissuing a stop-work order where warranted.

(ULDC 2005, § 9-24-2-6; Ord. No. 2020-42, § LI, 11-3-2020)

The city, through authorized personnel, may issue an injunction to cause a violation of this Code to cease or to be corrected.

(ULDC 2005, § 9-24-2-7; Ord. No. 2020-42, § LI, 11-3-2020)

(a)

The city may suspend or invalidate existing land development permits and building permits in order to enforce the provisions of this Code.

(b)

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

(c)

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

(ULDC 2005, § 9-24-2-8; Ord. No. 2020-42, § LI, 11-3-2020)

The city may deem that a person required to post a bond (e.g., performance bond or landscape bond) pursuant to this Code is in violation of the provisions of this Code and may find a violator of this Code to have forfeited such bond. The city may call the bond or any part thereof to be forfeited and may use the proceeds to hire a contractor to bring the unlawful activity into compliance.

(ULDC 2005, § 9-24-2-9; Ord. No. 2020-42, § LI, 11-3-2020)

The city may withhold municipal utility services or request or direct an applicable public utility service provider to withhold utility service to any property on which a violation is alleged to have occurred.

(ULDC 2005, § 9-24-2-10; Ord. No. 2020-42, § LI, 11-3-2020)

The city may request or direct the clerk of superior court to refuse or deny the recording of a final subdivision plat that is found to be in violation of this Code.

(ULDC 2005, § 9-24-2-11; Ord. No. 2020-42, § LI, 11-3-2020)

The city shall have authority to issue citations and to prosecute violations before a court of competent jurisdiction.

(ULDC 2005, § 9-24-2-12; Ord. No. 2020-42, § LI, 11-3-2020)

Administrative officers with authority and responsibility for enforcement, as described in this article, shall be authorized to take any other appropriate or necessary action to ensure compliance with or to prevent violation of the provisions of this Code.

(ULDC 2005, § 9-24-2-13; Ord. No. 2020-42, § LI, 11-3-2020)

Any person found guilty of violating any provision of this Code shall, upon conviction by the municipal court of the city, be punished as provided in section 1-1-8. Violations of this Code may be tried upon citation with or without a prosecuting attorney as well as upon accusations.

(ULDC 2005, § 9-24-2-14; Ord. No. 2020-42, § LI, 11-3-2020)

The director of community and economic development shall have the authority to, upon application, grant or deny administrative variances from certain provisions of this Code as enumerated in this article, where, in his opinion, the intent of this Code can be achieved and equal performance obtained by granting an administrative variance.

(ULDC 2005, § 9-24-3-1; Ord. No. 2020-42, § LI, 11-3-2020)

In addition to any other administrative variances specifically authorized by this Code, the following provisions of this Code may be administratively varied by the director of community and economic development, subject to the specific limitations of this section. Where this section omits specific reference to the director of community and economic development's authority to grant an administrative variance, and such authority is clearly evident in a provision of this Code, the omission from this section shall not be construed as limiting the director's authority.

(1)

Front building setback for a principal building, reduction not to exceed seven feet.

(2)

Side building setback for a principal building, reduction not to exceed three feet.

(3)

Rear building setback for a principal building, reduction not to exceed five feet.

(4)

Setback for an accessory building, reduction not to exceed two feet.

(5)

Maximum building coverage, maximum impervious surface coverage, not to exceed five percent above the applicable maximum. This provision shall not apply in the North Oconee Water Supply Watershed Overlay Zone.

(6)

Maximum height of a building, not to exceed five feet above the applicable maximum. This provision shall not apply to height limits imposed in the Airport Overlay Zones.

(7)

Minimum open space, reduction of not more than ten percent of total minimum required landscaped open space. For example, a minimum open space requirement of 20 percent of the lot cannot be reduced administratively below ten percent by the director.

(8)

Landscape strip minimum widths, reduction not to exceed 20 percent of the minimum required width. For example, if the minimum landscape strip width is ten feet, the director may authorize a reduction to no less than eight feet. The director may also authorize an average width of landscape strip rather than a minimum.

(9)

The required number of parking spaces, reduction not to exceed 20 percent below the minimum required, and addition not to exceed ten percent above the maximum permitted number of spaces.

(ULDC 2005, § 9-24-3-2; Ord. No. 2020-42, § LI, 11-3-2020)

This Code authorizes the director of public works and the director of water resources in certain instances to vary or waive requirements (as distinguished from design variances as specified in article 9-13). In such instances, the director of public works or director of water resources may exercise such authority upon application for such an administrative variance to the director of community and economic development, which shall be forwarded to the public works director or water resources director for review and approval, conditional approval, or disapproval, in accordance with the provisions of this chapter.

(ULDC 2005, § 9-24-3-3; Ord. No. 2020-42, § LI, 11-3-2020)

(a)

To initiate an application for administrative variance, an application must be submitted to the community and economic development department which shall include at minimum the following:

(1)

A completed application form supplied by the department and a statement of hardship form included with application form must be completed by the applicant;

(2)

A non-refundable fee as fixed from time to time by the governing body;

(3)

A written narrative explaining and justifying the request;

(4)

Plat or boundary survey. One scale copy and one 8½-inch by 11-inch or 11-inch by 17-inch reproducible size copy of a plat or boundary survey of the property involved in the application.

(b)

The community and economic development department in reviewing an application shall also be authorized to require any supporting information necessary to review an administrative variance on the record necessary to resolve the request for relief. These may include, but are not limited to, architectural renderings, concept plans or as-built surveys.

(ULDC 2005, § 9-24-3-4; Ord. No. 2020-42, § LI, 11-3-2020)

The community and economic development department shall review the application for completeness within ten days of the published closing date. Incomplete or improper applications will be returned to the applicant.

(ULDC 2005, § 9-24-3-5; Ord. No. 2020-42, § LI, 11-3-2020)

In acting upon applications for administrative variances, the director of community and economic development (or, if he has jurisdiction, the director of public works or director of water resources) shall consider whether one or more of the following conditions exist to justify or provide grounds for disapproval of said request:

(1)

There are extraordinary and exceptional conditions pertaining to the particular piece of property in question because of its size, shape, location within or near environmentally sensitive area, or topography;

(2)

The application of this Code to this particular piece of property would create an unnecessary hardship; and

(3)

There are conditions that are peculiar to the property which adversely affect its reasonable use or usability as currently zoned.

(ULDC 2005, § 9-24-3-6; Ord. No. 2020-42, § LI, 11-3-2020)

In rendering a decision on an administrative variance application, the director of community and economic development (or, if he has jurisdiction, the director of public works or director of water resources) shall consider all information supplied by the applicant. Within 21 calendar days of receipt of a completed application for administrative variance, the director may:

(1)

Approve the application as submitted;

(2)

Approve the application with conditions; or

(3)

Deny the application.

(ULDC 2005, § 9-24-3-7; Ord. No. 2020-42, § LI, 11-3-2020)

Notice of the action on an administrative variance shall be sent by United States mail to the applicant. If the application for administrative variance is denied, the reasons for denial shall be stated in the notice of action.

(ULDC 2005, § 9-24-3-8; Ord. No. 2020-42, § LI, 11-3-2020)

The action of the director of community and economic development on the administrative variance application (or, if he has jurisdiction, the director of public works or director of water resources) shall be final and may not be appealed as an administrative decision pursuant to chapter 9-22-7; provided, however, that any person who is denied an application for administrative variance pursuant to this chapter may file an application for variance with the planning and appeals board pursuant to chapter 9-22-6.

(ULDC 2005, § 9-24-3-9; Ord. No. 2020-42, § LI, 11-3-2020)

The director of community and economic development shall keep public records of all administrative variances applied for and granted pursuant to this chapter.

(ULDC 2005, § 9-24-3-10; Ord. No. 2020-42, § LI, 11-3-2020)