The building official shall administer and enforce this chapter. His duties include receiving applications, inspecting premises and issuing building permits and certificates of occupancy for uses and structures that meet the requirements of this chapter.

(Code 1976, § 8-3026(a))

(a)

Required; application. A building permit issued by the building official is required in advance of the initiation of construction, erection, moving or alteration of any building or structure. All applications for building permits shall be accompanied by a plat or plan in duplicate, drawn to scale, showing the actual dimensions of the lot to be built upon, the size of the building to be erected, the location of the building on the lot, the number of dwelling units the building is designed to accommodate, and such other information as may be essential for determining whether the provisions of this chapter are being observed. A record of all applications for building permits and plats or plans shall be kept by the building official.

(b)

Approval of wells and septic tanks by county health department. When a proposed development is to be served by wells or by septic tanks, then the applicant for a permit for such development shall submit with his application a certificate from the county health department approving the well or septic tank.

(c)

Issuance. If the building official is satisfied that the work described in the application for the permit and the drawing filed therewith conform to the requirements of this chapter, and if proper certifications have been obtained from the county health department approving the proposed development, then the building official shall issue a building permit for such development to the applicant, along with a signed copy of the plat or plan.

(d)

Denial. If the application for a permit and the plat or plan filed therewith describes work which does not conform to the requirements of this chapter, or if the health department recommends that a permit be denied for reason of public health, then the building official shall not issue a permit. In such a case, the building official shall return the plat or plan to the applicant showing his refusal to issue such a permit. Such refusal shall state the reason why the permit was denied and shall cite the particular sections and articles of this chapter with which the application does not comply.

(e)

Expiration. Any building permit which is issued shall become invalid unless the work authorized by it shall have commenced within six months of its issuance, or if the work or development authorized by such permit is suspended or abandoned for a period of six months after the work or development is commenced; provided that extension of time for periods not exceeding six months each may be allowed in writing by the building official.

(Code 1976, § 8-3026(b)—(f))

(a)

A certificate of occupancy issued by the building official is required in advance of the occupancy or use of:

(1)

Any land to be used as a sales yard.

(2)

Any building or structure hereafter erected or moved.

(3)

Any building hereafter altered so as to affect the front, side or rear yards thereof.

(4)

Any building, structure, premises or land in which there is a change in the occupancy or use to an occupancy or use which requires a larger number of offstreet parking spaces or loading spaces than were required for the former use or occupancy of such building, structure or premises. No such certificate of occupancy shall be issued unless all the applicable requirements of this chapter have been met.

(b)

A record of all certificates shall be kept on file in the office of the building official.

(Code 1976, § 8-3026(g))

The building official shall administer this chapter. The board of appeals shall resolve disputes in the interpretation of this chapter, shall pass on requests for variances, and shall pass on applications for special uses when such action is required by this chapter. The duties of the mayor and council in connection with this chapter shall only include the amending or repealing of this chapter as provided by law.

(Code 1976, § 8-3026(h))

(a)

Legal action. In case any building or structure is erected, constructed, reconstructed, altered, repaired, converted or maintained or any building, structure or land is used in violation of this chapter, the building official or any other appropriate authority or any adjacent or neighboring property owner who would be damaged by such violation, in addition to other remedies, may institute an injunction, mandamus or other appropriate action or proceeding to prevent the violation in the case of such building, structure or land.

(b)

Penalty. Any person violating any provision of this chapter shall be guilty upon conviction and shall be punished as provided in section 1-13.

(Code 1976, § 8-3026(i), (j))

(a)

Generally. This chapter, including the zoning map, may be amended by the mayor and council on their own motion, on petition, or on recommendation of the planning commission, but no amendment shall become effective unless it shall have been proposed by or shall first have been submitted to the planning commission for review and recommendation. The planning commission shall prepare and submit its recommendations to mayor and council within 45 days after receiving a fully completed re-zoning application for review; otherwise, such application shall be deemed approved by the planning commission. Before enacting an amendment to this chapter, the mayor and council shall give public hearing thereon as set forth in this Code section.

(b)

Application and posting of property.

(1)

Filing and processing of applications. Applications for amendment of this chapter may be in the form of proposals for amendments to the text of this chapter or proposals for amendments to the zoning map. Such applications shall give the reasons for requesting change of the text or zoning map which would support the purposes of the city's zoning program. A property owner shall not file a rezoning petition for a map or text amendment affecting the same parcel more often than six months from the date of denial of any rezoning request for the same property by the mayor and council, or within six months of the date of a recommendation by the planning commission for denial of an application affecting the same parcel. All previous applications for a text or map amendment affecting the same premises shall be listed. All applications shall be submitted to the director for planning and economic development who shall transmit them to the planning commission and schedule the necessary public hearings thereon. The applicant and the owner of the property sought to be re-zoned, if any, shall be mailed notice of the public hearings to be held thereon at least 30 days in advance thereto.

(2)

Signing of application. All applications shall be signed and shall state the name and address of the applicant who must be the owner of the property or the authorized agent or attorney for the owner of the property. If the applicant is the agent of the owner, then the agent shall file, simultaneously with the petition, a notarized letter signed by the owner authorizing the agent to file on his/her/its behalf. No application shall be accepted which fails to meet these requirements.

(3)

Application for text amendment. In the case of a text amendment, the application shall set forth the new text to be added and the existing text to be deleted.

(4)

Application for map amendment. An application for a map amendment shall include the following information and a scaled map, plat, or sketch, which shall be attached to the application form required. The map, plat or sketch shall show the property referred to in the application and all adjoining lots or parcels of land which are also under the same ownership. The required information shall include:

a.

A legal description of the land by lot, block, and subdivision designation, or, if none, by metes and bounds;

b.

The property identification number from the tax records of the county;

c.

The present zoning classification and the classification proposed for such land;

d.

The name and address of the owners of the land; and,

e.

The present and proposed land uses of the property petitioned for rezoning, and all adjoining properties if under the same ownership.

(5)

Posting of property. At least 30 days prior to the scheduled date of a public hearing on an application for a map amendment, the city shall erect a sign on the land proposed to be reclassified. Such sign shall be erected within ten feet of whatever boundary line of such land abuts the most traveled public road. If no public road abuts thereon, then such sign shall be erected to face in such a manner as may be most readily seen by the public. The lower edge of the sign face shall be of sufficient height to be read from the roadway. The sign shall show the rezoning application number, the present zoning classification, the proposed zoning classification, the scheduled date, time and place of the public hearing, and the telephone number to call for further information. If the land sought to be rezoned lies within more than one block as shown on a plat recorded in the land records of the county, additional signs shall be placed to give general area coverage.

(c)

Hearing.

(1)

Publication of notice. Before the planning commission makes a recommendation on a proposed amendment and before the mayor and council takes any action on a proposed amendment, each shall hold a public hearing thereon. Notice of the time and place of the planning commission meeting (both for recommendations and public hearing) and the city council public hearing shall be given at least 30 days prior to the public hearing and shall be published as required by state law in a newspaper of general circulation within the city. Such notice shall state the rezoning application number and shall contain a summary of the proposed amendment if a text amendment, and in the case of a map amendment the notice shall contain the location of the property, the name of the owner and the proposed change of classification (i.e., the present zoning classification of the subject property and the proposed zoning classification of the subject property).

(2)

Mailing of notice to interested parties. The director of planning and economic development shall also give notice of a proposed zoning map amendment and the public hearings thereon to all owners of record of properties located adjacent to or across a public right-of-way from the property being proposed for rezoning. 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; proof of delivery is not required. Only owners reflected on the records of the Chatham County Tax Assessor as of the date of the application shall be entitled to mailed notice. Said notice must be mailed at least 30 days prior to the dates of said scheduled public hearings.

(d)

Conduct of hearing:

(1)

All public hearings by the mayor and council on zoning amendments shall be chaired by the mayor.

(2)

The mayor shall open the hearing by stating the specific zoning amendment being considered at the public hearing and further stating that printed copies of the adopted standards governing the exercise of the mayor and council's zoning power and the procedures governing the hearing are available to the public.

(3)

The director of the city's planning and zoning department shall advise the mayor and council of the recommendation of the planning commission when applicable.

(4)

The mayor shall determine the number of attendees who desire to testify or present evidence at the hearing.

(5)

When there is a large number of individuals wishing to testify at a hearing, the mayor may invoke time limits on individual speakers. In such cases, these time limits shall apply to all speakers. Proponents, including the petitioner or the petitioner's agent requesting the zoning decision, shall have no less than ten minutes for the presentation of data, evidence, and expert opinions; opponents of the proposed decision shall have an equal minimum period of time. The mayor may grant additional time; provided, however, an equal period of time shall be granted both sides.

(6)

The petitioner requesting such zoning decision, or the applicant's agent, shall be recognized first and shall be permitted to present and explain the request for the zoning decision. Thereafter, all individuals who so desire shall be permitted to speak in favor of the zoning decision.

(7)

After all individuals have had an opportunity to speak in accordance with subparagraph (6) above, those individuals present at the public hearing who wish to speak in opposition to the requested zoning decision shall have an opportunity to speak.

(8)

The mayor may limit repetitious comments in the interest of time and may call for a show of hands of those persons present in favor of or opposed to the proposed decision.

(9)

It shall be the duty of the mayor to maintain decorum and to assure the public hearing on the proposed decision is conducted in a fair and orderly manner.

(10)

Once all parties have concluded their testimony, the mayor shall adjourn the public hearing.

(11)

All proceedings of the planning commission or the city council, as applicable, shall be recorded on tape or other media. The recording of the proceeding shall be retained in conformance with the city's retention schedule.

(e)

Criteria for enactment. Prior to making a zoning amendment, the mayor and council shall evaluate the merits of a proposed amendment according to the following criteria:

(1)

Is this request a logical extension of a zoning boundary which would improve the pattern of uses in the general area?

(2)

Is this spot zoning and generally unrelated to either existing zoning or the pattern of development of the area?

(3)

Could traffic created by the proposed use or other uses permissible under the zoning sought traverse established single-family neighborhoods on minor streets, leading to congestion, noise and traffic hazards?

(4)

Will this request place irreversible limitations or cause material detriment on the area similarly zoned as it is or on future plans for it?

(5)

Is there an imminent need for the rezoning and is the property likely to be used for the use requested?

(6)

Would the proposed use precipitate similar requests which would generate or accelerate adverse land use changes in the zone or neighborhood?

(f)

Decision of mayor and council:

(1)

Mayor and council may choose to adopt or reject or modify the planning commission's recommendation, or the business may be tabled for additional study at the next regular council meeting.

(2)

In approving the rezoning of a property, mayor and council may impose conditions of approval that it deems necessary to make the requested action acceptable and consistent with the purposes of this chapter and of the zoning districts involved, to ameliorate negative issues identified through evaluation of the standards governing consideration of a rezoning or to further the goals and objectives of any city adopted plan. Such conditions may consist of any of the following:

a.

Restrictions as to what land uses or activities shall be allowed;

b.

Dedication of required rights-of-way to the city where insufficient amounts or none exist;

c.

Setback requirements from any lot line;

d.

Specified or prohibited locations for buildings, parking, loading, or storage areas or other land uses;

e.

Driveway curb cut restrictions;

f.

Maximum building heights or other dimensions;

g.

Special drainage or erosion provisions;

h.

Landscaping or planted areas which may include the location, type, and maintenance of plant materials;

i.

Fences, walls, berms or other landscaping or buffering provisions or protective measures;

j.

Preservation of existing trees or planting of new trees or other vegetation;

k.

Special measures to alleviate undesirable views, light, glare noise, dust, or odor;

l.

Permitted hours of operation;

m.

Architectural style or materials; and,

n.

Any other requirements that mayor and council may deem appropriate and necessary as a condition of rezoning approval in furtherance of the public health, safety, or welfare.

Such conditions of approval shall be in effect as long as the zoning in effect and shall be required of the property owner and all subsequent owners as a condition of their use of the property.

(g)

Appeals to superior court. Any appeal of, or legal challenge to the mayor and council's final decision regarding a zoning decision as defined in section 36-66-3 of the Official Code of Georgia Annotated shall be pursued as required by law in the superior court by way of a de novo review by the said court wherein such review shall bring up the whole record from the city and all competent evidence shall be admissible in the trial thereof, whether adduced in the city's rezoning process or not, and employing the presumption that the mayor and council's zoning decision is valid and can be overcome substantively by a petitioner showing by clear and convincing evidence that the zoning classification is a significant detriment to the petitioner and is insubstantially related to the public health, safety morality, or general welfare.

(Code 1976, § 8-3028; Ord. of 1-6-86(2), § 1; Ord. No. 2017-8, § 1, 10-16-17; Ord. No. 2023-11, § 1—6, 6-20-23)

Any person, firm, or corporation filing an application for an amendment to the zoning ordinance or map of the city shall pay a fee as specified for same in the city's current official annual fee schedule upon the filing of the petition or application with the planning commission. Any person, firm, or corporation filing a petition or application with the planning commission shall pay a fee paying the cost of advertising any notice required and other expenses incidental to the processing of the application or petition.

(Code 1976, § 8-3029; Ord. of 1-17-94(1), § 1; Ord. of 6-15-98(2), § 1; Ord. No. 2023-06, § 1, 1-17-23)

(a)

It is the policy of the City of Garden City, Georgia, pursuant to the Federal Fair Housing Act Amendments of 1988, 42 U.S.C. § 3601 et seq. (hereafter "FHAA") and Title II of the Americans With Disabilities Act (hereafter "ADA", or collectively the "fair housing laws") to provide individuals with disabilities reasonable accommodation in its rules, regulations, standards, policies, practices, and procedures pertaining to housing and development to ensure equal access by persons with disabilities and to developers of housing for persons with disabilities. This section establishes a procedure for making requests for reasonable accommodations in land use, zoning, and development regulations as found and contained in this Code. It is the intent of the City of Garden City, its officials, staff, and agents to fully comply with the intent and purpose of fair housing laws.

(b)

Reasonable accommodation in land use, zoning, and development context means providing individuals with disabilities or developers of housing for people with disabilities, flexibility in the application of land use, zoning, and building regulations, policies, standards, practices, and procedures, or even waiving certain requirements altogether, when it is necessary to eliminate legal and regulatory barriers to housing opportunities.

(1)

For purposes of this section, an individual with a disability is someone who has a physical or mental impairment that limits one or more major life activities; anyone who is regarded as having such impairment; or anyone with a history of such impairment. The terms "disability" and "handicap," for purpose of the fair housing laws have the same meaning.

(2)

A request for a reasonable accommodation may be made by any individual with a disability, his or her representative, or a developer or provider of housing for individuals with disabilities, when the application of a land use, zoning, or development regulation, policy, standard, practice, or procedure acts as a barrier to fair housing opportunities. Development regulations shall mean those minimum standards set forth in this Zoning Code and shall not include Georgia Statewide Minimum Building Codes, as defined in O.C.G.A. § 8-2-20, or environmental regulations found in general law or the City's Code of Ordinances.

(c)

Notice of the availability of reasonable accommodation shall be prominently displayed on the city's website and shall state where applications for requesting reasonable accommodations are available to the public.

(d)

Any eligible person described in (b)(2) above may request a reasonable accommodation in the application of any land use, zoning, or development regulation, rule, standard, policy, practice, or procedure as described in subsection (b)(2) above, by completing and filing an application requesting reasonable accommodation with the director of planning and economic development. Persons requesting reasonable accommodation are encouraged to consult the director prior to submitting the application in order to make the nature of and need for the request clear.

(1)

All requests shall be made in writing, on forms provided by the city, and provide the following information:

a.

Name, address, and telephone number of person filing the request. When available, an email address should also be provided. When the request is being filed for the benefit of an individual with disabilities, the name, address, and telephone number for that person shall also be stated.

b.

Address of property; name, address and telephone number of property owner, if different from requestor.

c.

Detailed description of the requested accommodation and the regulation, rule, standard, policy, practice, or procedure for which accommodations is sought.

d.

Reason that accommodation is sought and any supporting documentation. If medical information is provided to support a determination that the requestor is a person with disabilities, it should be clearly marked as "Confidential" and will be used only as needed.

(2)

Any information identified by the applicant as confidential will be held and used by the city in such manner as to respect the individual's privacy rights and shall not be made available for public inspection.

(3)

A request for reasonable accommodation may be filed at any time; however, the city encourages its filing at the earliest opportunity to ensure the applicant with equal access to housing and to allow the city to make timely determinations of other related pending applications and permits. City staff will afford the applicant, upon request, such assistance as needed to ensure the application process is accessible and meaningful. There shall be no fee for requesting a reasonable accommodation.

(4)

Granting of a reasonable accommodation does not affect an individual's obligations to comply with other applicable regulations not at issue in the requested accommodation.

(e)

All requests for reasonable accommodation shall be reviewed by a committee consisting of the chairman of the city's consolidated board of zoning appeals and planning commission, the city manager, and the director of planning and economic development. A written decision on the request shall be issued to the applicant within ten business days of the receipt of a completed form (Saturdays, Sundays, and legal holidays excluded). After initial review of a request, the committee may request additional information from the applicant.

(f)

The written decision to grant, deny, or grant upon conditions a request shall be consistent with the fair housing laws and based upon the following facts:

(1)

Whether the housing, which is the subject of the request for reasonable accommodation, will be used by an individual(s) with disabilities protected by the fair housing laws;

(2)

Whether the requested accommodation is necessary to make housing available to an individual with disabilities protected under the fair housing laws;

(3)

Whether the requested accommodation would impose an undue financial or administrative burden on the city; and

(4)

Whether the requested accommodation would require a fundamental alteration of a material nature in the city's land use, zoning, or development policies.

Where the written decision is to deny the request, or grant the request subject to conditions, a sufficiently detailed explanation of the reasons shall be given the applicant. The decision of the review committee shall be final and binding upon the city. Notice of the decision shall be given the applicant by certified U.S. Mail, return receipt requested, unless the applicant consents to service in a different manner.

(g)

While a request for reasonable accommodation is pending, all laws, rules, regulations, standards, policies, practices, and procedures applicable to the property that is the subject to the request shall remain in full force and effect. This shall include any appeal of the decision until final.

(h)

Within 30 days of an adverse decision on a request for reasonable accommodation, an aggrieved person may file a petition for Writ of Certiorari in the Superior Court of Chatham County, Georgia. Nothing in this procedure shall preclude an aggrieved person from seeking other available federal or state remedies.

(Ord. No. 2018-4, § 1, 5-7-18)

When a proposed zoning decision is sought to locate or relocate a halfway house, drug rehabilitation center, or other facility for the treatment of drug dependency, an additional public hearing shall be conducted at least six months and not more than nine months before the final action by the consolidated planning commission/zoning board of appeals or the mayor and council, as the case may be; such hearing shall be supplemental to the public hearing required under section 90-201(c) or section 90-215. For the supplemental hearing only, the published notice of the public hearing shall be at least six column inches in size and shall not be located in the classified advertising or legal advertising section of the newspaper and shall publish at least 15 and not more than 45 days prior to the hearing. In addition, a sign containing the information required by Code section 90-701(b)(5) shall be posted conspicuously on the property at least 15 days prior to the date of the hearing.

(Ord. No. 2018-5, § 1, 5-7-18)

Notwithstanding any provision of this chapter to the contrary, when a proposed zoning decision relates to an amendment of the city's zoning ordinance to revise one or more zoning classifications or definitions relating to single-family residential users of property so as to authorize multifamily uses of property pursuant to such classifications or definitions, or to grant blanket permission, under certain or all circumstances, for property owners to deviate from the existing zoning requirements of a single-family residential zoning, such zoning decision must be adopted in the following manner:

(a)

The zoning decision shall be adopted at two regular meetings of the mayor and council during a period of not less 21 days apart; and,

(b)

Prior to the first meeting provided for in subparagraph (a) of this section, at least two public hearings shall be held on the proposed action. Such public hearings shall be held at least three months and not more than nine months prior to the date of final action on the zoning decision. Furthermore, at least one of the public hearings must be held between the hours of 5:00 p.m. o'clock and 8:00 p.m. o'clock. The hearings required by this paragraph shall be in addition to any hearing required under code section 90-201 (c). The city shall give notice of such hearing by (i) posting notice on each affected premises in the manner prescribed by code section 90-201 (b)(5); provided, however, that when more than 500 parcels are affected, posting notice is required every 500 feet in the affected area; and, (ii) publishing in a newspaper of general circulation within the territorial boundaries of the city a notice of each hearing at least 15 days and not more than 45 days prior to the date of the hearing. Both the posted notice and the published notice shall include a prominent statement that the proposed zoning decision relates to or will authorize multifamily uses or give blanket permission to the property owner to deviate from the zoning requirements of a single-family residential zoning of property in classification previously relating to single-family residential uses. The published notice shall be at least nine column inches in size and shall not be in the classified advertising section of the newspaper. The notice shall state that a copy of the proposed amendment is on file in the office of the clerk of council and in the office of the clerk of the superior court of Chatham County, Georgia, for the purpose of examination and inspection by the public. The city shall furnish anyone, upon written request, a copy of the proposed amendment, at no cost.

(c)

The provisions of this Code section 90-205 shall also apply to any zoning decisions that provide for the abolition of all single-family residential zoning classifications within the territorial boundaries of the city, or zoning decisions that result in the rezoning of all property zoned for single-family residential uses within the territorial boundaries of the city to multifamily residential uses of property.

(d)

The provisions of this Code section 90-205 shall not apply to zoning decisions for the rezoning of property from a single-family residential use of property to a multifamily residential use of property when the rezoning is initiated by the owner or authorized agent of the owner of such property.

(Ord. No. 2023-11, § 7, 6-20-23)

(a)

Applications. Applications for the approval of all development or site plans by the planning commission as required by and pursuant to any code section set forth in chapter 90 of the Garden City Code including, but not limited to code sections 90-43 and 90-48, shall be filed on forms provided by the director of planning and economic development and processed in accordance with the schedule set out by said director. The director shall transmit the application and the development or site plan to the planning commission and schedule a public hearing thereon. 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 hearing.

(b)

Published and posted notice. Due notice of the public hearing shall be published in the newspaper of general circulation within the city. The notice advertising the hearing on the development or site plan shall contain the information set forth in code section 90-206 (d) and shall be published at least 30 days prior to the date of the hearing. The cost of the advertisement shall be borne by the applicant. The director of planning and economic development shall also post, at least 30 days prior to the planning commission's public hearing, a sign on the property for which the development or site plan applies. Such sign shall be erected within ten feet of whatever boundary line of such land abuts the most traveled public road. If no public road abuts thereon, then such sign shall be erected to face in such a manner as may be most readily seen by the public. The lower edge of the sign face shall be of sufficient height to be read from the roadway. The sign shall contain the above-mentioned published information. If the subject property lies within more than one block as shown on a plat recorded in the land records of the county, additional signs shall be placed to give general area coverage.

(c)

Letters to adjacent property owners. The director of planning and economic development shall also give notice of the development or site plan application and the public hearing thereon to the owner of record of properties adjoining the property for which said application 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; proof of delivery is not required. Only owners reflected on the records of the Chatham County Tax Assessor 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 30 days prior to the date of said scheduled public hearing.

(d)

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

(1)

Name and address of the applicant and the application number;

(2)

Address and location of the property;

(3)

Purpose of the application;

(4)

Current zoning of the property for which the development or site plan approval is sought;

(5)

How the development or site plan can be inspected; and,

(6)

The date, time, and place of the public hearing on said development or site plan.

(e)

Conduct of hearing. All public hearings of the planning commission shall be conducted in accordance with the provisions of Garden City Code section 2-186.

(f)

Decision. The planning commission shall approve or disapprove a site or development plan within a reasonable time but in no event more than 60 days from the date of the public hearing.

(g)

Appeals to superior court. Recourse from a decision of the planning commission on a development or site plan shall be through appellate review by the superior court pursuant to its appellate jurisdiction from a lower judicatory body and shall be brought by way of a petition for said review as provided for in Title 5 of the Official Code of Georgia Annotated. Such matter shall be reviewed on the record which shall be brought to the Superior Court as provided in Title 5. All such appeals shall be brought within 30 days of the written decision of the planning commission. The chairman of consolidated zoning board of appeals/planning commission shall have authority to prove or issue any form of certificate necessary to perfect the petition described in Title 5 for review. The city's director of planning and economic development shall have authority to accept service of such petition on behalf of the planning commission during normal business hours at the city's city hall, and the mayor shall have authority to accept service of the petition on behalf of the city during the same times and place. The appeal shall stay all legal proceedings in furtherance of the matter appealed from or challenged unless the mayor and council and/or planning commission certifies that, by reason of the facts stated in the certificate, a stay would cause imminent peril to life or property.

(Ord. No. 2023-11, § 8, 6-20-23)

The board of zoning appeals, having been established in the manner prescribed by law, shall have full and complete jurisdiction as provided by law.

(Code 1976, § 8-3027(a))

Meetings of the board of zoning appeals shall be held at such times as the board shall establish and at the call of the chairman. The chairman, or in his absence the acting chairman, may administer oaths and compel the attendance of witnesses. The board shall keep minutes of its proceedings showing the vote of each member upon each question. If a member is absent or fails to vote, such fact shall be entered in the minutes. The board shall keep records of its examinations and other official actions. All minutes and records shall be on file and shall be a public record.

(Code 1976, § 8-3027(b))

The board of zoning appeals shall have the following powers:

(1)

To hear and decide appeals where it is alleged that there is an error in any order, requirement, decision or determination made by an administrative official in the enforcement of this chapter.

(2)

To decide upon requests for permission to establish uses upon which the board of zoning appeals is required to pass under the terms of this chapter. The application to establish such use shall be approved on a finding by the board of zoning appeals that:

a.

The proposed use does not affect adversely the general plans for the physical development of the city, as embodied in this chapter and in any master plan or portion thereof adopted by the mayor and council.

b.

The proposed use will not be contrary to the purposes stated for this chapter.

c.

The proposed use will not affect adversely the health and safety of residents and workers in the city.

d.

The proposed use will not be detrimental to the use or development of adjacent properties or the general neighborhood.

e.

The proposed use will not adversely affect the existing uses in the neighborhood.

f.

The proposed use will be placed on a lot of sufficient size to satisfy the space requirements of such use.

g.

The proposed use will not constitute a nuisance or hazard because of the number of persons who will attend or use such facility, vehicular movement, noise or fume generation or type of physical activity.

h.

The standards set forth for each particular use for which a permit may be granted have been met.

The board of zoning appeals may impose or require such additional restrictions and standards as may be necessary to protect the health and safety of workers and residents in the community and to protect the value and use of property in the general neighborhood. The proposed use shall be subject to the minimum area, setback and other locational requirements of the zoning district in which it will be located. The proposed use shall be subject to the offstreet parking and service requirements of this chapter. Wherever the board of zoning appeals shall find, in the case of any permit granted pursuant to the provisions of this chapter, that any of the terms, conditions or restrictions upon which such permit was granted are not being complied with, the board shall rescind and revoke such permit after giving due notice to all parties concerned and granting full opportunity for a public hearing.

(3)

To authorize upon appeal in specific cases such variance from the terms of this chapter as will not be contrary to the public interest where owing to special conditions a literal enforcement of the provisions of this chapter will, in an individual case, result in practical difficulty or unnecessary hardship. Such variance may be granted in such individual cases of practical difficulty or unnecessary hardship upon a finding by the board of appeals that:

a.

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

b.

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

c.

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

d.

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

No variance shall be granted for a use of land or building or structure that is prohibited by this chapter in the district in question.

(Code 1976, § 8-3027(f); Ord. of 6-6-88, § 1)

Applications. Applications for special use permits, appeals or variances must be filed on forms provided by the director of planning and economic development and processed in accordance with the schedule set out by the director. A site plan prepared and signed by a state licensed surveyor or engineer shall be submitted with all variance applications unless the director of planning and economic development determines that such a site plan will not meaningfully assist the consideration by the board of appeals of the application. The director of planning and economic development shall forthwith transmit to the board of appeals 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 hearing.

(Code 1976, § 8-3027(c); Ord. No. 2023-11, § 9, 6-20-23)

(a)

Published and posted notice. Due notice of the public hearing pursuant to this section shall be published in the newspaper of general circulation within the city. The notice advertising the hearing on the special use, appeal, or variance shall contain the information set forth in code section 90-215 (c) and shall be published at least 30 days prior to the date of the hearing. The cost of the advertisement shall be borne by the applicant. The director of planning and economic development shall also post, at least 30 days prior to the board of appeals' public hearing, a sign on the property for which the special use, appeal, or variance applies. Such sign shall be erected within ten feet of whatever boundary line of such land abuts the most traveled public road. If no public road abuts thereon, then such sign shall be erected to face in such a manner as may be most readily seen by the public. The lower edge of the sign face shall be of sufficient height to be read from the roadway. The sign shall contain the above-mentioned published information. If the subject property lies within more than one block as shown on a plat recorded in the land records of the county, additional signs shall be placed to give general area coverage.

(b)

Letters to adjacent property owners. The director of planning and economic development shall also give notice of the special use, appeal, or variance and the public hearing thereon to the owner of record of properties adjoining the property for which said special use, appeal or variance is being pursued 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; 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 30 days prior to the date of said scheduled public hearing.

(c)

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 and the application number;

(2)

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

(3)

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

(4)

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

(5)

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

(Code 1976, § 8-3027(d); Ord. No. 2023-11, § 10, 6-20-23)

An appeal stays all legal proceedings against the applicant which have been instituted in connection with the action appealed, unless the officer whose action is being appealed certifies to the board of zoning appeals that, for reasons stated in the certificate, a stay would, in his opinion, cause imminent peril to life or property. In such cases, proceedings shall only be stayed by a restraining order, which may be granted by either the board of appeals or a competent court on application.

(Code 1976, § 8-3027(e))

In exercising the powers specified in this division, the board of appeals may, in conformity with the provisions of this chapter, reverse or affirm, wholly or partly, a decision of an administrative official, or may modify the orders, requirements, decisions or determinations of such administrative officials, and to that end shall have all the powers of such administrative official. In exercising such powers, the board may issue or direct the issuance of a permit.

(Code 1976, § 8-3027(h))

No appeal to the board of zoning appeals requesting the same relief in regard to the same property shall be received or heard by the board of zoning appeals for a period of six months following the date of the prior decision of the board seeking the same relief.

(Ord. of 6-6-88, § 2)

(a)

Conduct of hearing. All public hearings of the board of appeals shall be conducted in accordance with the provisions of Garden City Code section 2-186.

(Ord. No. 2023-11, § 11, 6-20-23)

Recourse from a final decision of the board of appeals on a special use permit, variance, or appeal shall be through appellate review by the Superior Court pursuant to its appellate jurisdiction from a lower judicatory body and shall be brought by way of a petition for said review as provided for in Title 5 of the Official Code of Georgia Annotated. Such matter shall be reviewed on the record which shall be brought to the Superior Court as provided in Title 5. All such appeals shall be brought within 30 days of the written decision of the board of appeals. The chairman of consolidated zoning board of appeals/planning commission shall have authority to prove or issue any form of certificate necessary to perfect the petition described in Title 5 for review. The city's director of planning and economic development shall have authority to accept service of such petition on behalf of the board of appeals during normal business hours at the city's city hall, and the mayor shall have authority to accept service of the petition on behalf of the city during the same times and place. The appeal shall stay all legal proceedings in furtherance of the matter appealed from or challenged unless the mayor and council and/or board of appeals certifies that, by reason of the facts stated in the certificate, a stay would cause imminent peril to life or property.

(Ord. No. 2023-11, § 12, 6-20-23)