It shall be the duty of the building inspector or city manager's designee to take cognizance of violations of this chapter. He shall investigate each violation which comes to his attention whether by observation or by communication. He shall order in writing the correction of such conditions as are found to be in violation of this chapter. Failure to secure permits when required, previous to erection, construction or alteration to a building, or change in use of land or building as provided in this chapter, shall be a violation of that chapter.

(Res. No. 24-10, att., 9-19-2023)

For any and every violations of the provisions of this chapter, the owner, general agent or contractor of a building or premises where such violation has been committed or shall exist, and the lessee or tenant of an entire building or entire premises where such violation has been committed or shall exist, and the owner, general agent, contractor, lessee or tenant of any part of a building or premises in which part such violation has been committed or shall exist, and the owner, general agent, contractor, or any other person, who knowingly commits, takes part or assists in any such violation, or who maintains any building or premises in which any such violations shall exist, shall be liable on conviction thereof to the provisions of section 1-11, and, whenever such person shall have been notified by the building inspector or the city manager's designee, or by service or warrant in a prosecution, or in any other manner that he is committing such violation of this chapter, each day that he shall continue such violation after such notification shall constitute a separate offense punishable by a like fine. Such fines shall be collected by the institution of summary proceedings before a court.

(Res. No. 24-10, att., 9-19-2023)

In case any building, sign or other structure is erected, constructed, reconstructed, altered, repaired, converted or maintained; or any building, sign, structure or land is used; or any hedge, tree, shrub or other growth is maintained, in violation of this chapter or of any regulations made pursuant hereto, in addition to other remedies provided by law, any appropriate action or proceeding, whether by legal process or otherwise, may be instituted or taken to prevent such unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance or use; to restrain, correct or abate such violation; to prevent the occupancy of said building, structure or land; or to prevent any illegal act, conduct, business or use in or about such premises.

(Res. No. 24-10, att., 9-19-2023)

(a)

Enforcement of chapter. The provisions of this chapter shall be enforced by the building inspector or the city manager's designee, who shall also be the zoning officer, with the aid of the police department and other city agencies.

(b)

Duties and powers. It shall be the duty of the building inspector or the city manager's designee and he shall have power to:

(1)

Require that the application for a building permit and the accompanying plot plan shall contain all the information necessary to enable him to ascertain whether the proposed building complies with provisions of this chapter.

(2)

Require that an application for approval of placement of any manufactured or mobile home anywhere in the city be made on a form or forms developed for that purpose, and shall be submitted for review and approval in accordance with this chapter. This application shall include all information necessary to make determinations as to conformity with the provisions and standards of this chapter as applicable to each such structure, including photographs or rendering of the front and side of the manufactured or mobile home, exterior finish, roof, skirting, or any other information deemed necessary to make determinations required by this chapter.

(3)

Keep a permanent record of all plans and application for permits, and all permits issued with notations as to special conditions attached thereto. All records shall be open for public inspection and shall be the property of the city.

(4)

Require that no building permit, or approval for placement of a manufactured or mobile home, shall be issued until the building inspector or the city manager's designee has certified that the proposed building, alteration, placement or use complies with all the provisions of this chapter.

(5)

Conduct inspections and surveys to determine compliance or noncompliance with the terms of this chapter. In carrying out such surveys, the building inspector or the city manager's designee or his representative may enter upon any land or buildings.

(6)

Make written orders requiring compliance with the provisions of this chapter to be served personally or by registered mail.

(7)

Temporarily approve, temporarily approve with conditions, or deny an application for placement of a manufactured or mobile home within ten days of receipt of the application and all requested and required supporting materials. Such determinations of temporary approval, temporary conditional approval or denial with specified conditions and reasons shall be made in writing, and the applicant served personally or by registered mail within five working days after such decision is made. If an application for placement of a manufactured or mobile home is denied in writing by the building inspector or the city manager's designee with specific reasons, the applicant may revise and resubmit his application and begin the process again as a new application. The applicant may also appeal such a decision of the building inspector or the city manager's designee to the planning commission as specified in division 2 of this article. If an application for placement of a manufactured or mobile home is temporarily approved, or temporarily approved with conditions, this decision shall automatically be referred to the planning commission for review and recommendation as specified in division 2 of this article. In no event, may any manufactured or mobile home be placed in the city until the entire planning commission process has taken place as specified in division 2 of this article, the city council has issued final approval of the application for placement, and the building inspector or the city manager's designee has issued the certificate of occupancy.

(8)

Maintain a map showing the current zoning classification of all land.

(9)

Maintain a map and register showing the registration, identity, location and type of all nonconforming uses.

(10)

Participate in all proceedings before the planning commission, present facts and information to assist the board in reaching a decision, resist and oppose any deviations from standard provisions of this chapter and have decisions of the board reviewed in a court of proper jurisdiction when, in the judgment of the building inspector, or the city manager's designee, such review is desirable.

(11)

The building inspector or the city manager's designee shall have authority to issue permits only for construction, placement of manufactured homes and uses which are in accordance with the chapter. It shall be unlawful for any person to commence work for the erection or alteration of any building, or place a manufactured home in the city, until a building or placement permit has been duly issued therefor. Permits for construction, placement of manufactured and mobile homes, and uses which are a special exception to such general requirements shall be issued by the building inspector or the city manager's designee only upon completion of the planning commission process and official action by city council. The building inspector or the city manager's designee shall issue no permits for the construction or use of any land or buildings, or placement of manufactured homes, unless it also conforms to the requirements of all other ordinances.

(Res. No. 24-10, att., 9-19-2023)

Cross reference— Buildings and building regulations, Ch. 10.

No building shall be constructed or altered, or the use of any building and/or land changed, or a manufactured or mobile home placed in the city, until a permit has been secured from the building inspector or the city manager's designee. Any building or placement permit issued shall become invalid unless the work or action authorized by it shall have commenced within six months of its date of issue.

(Res. No. 24-10, att., 9-19-2023)

Cross reference— Buildings and building regulations, Ch. 10.

Upon completion of construction activity requiring a building permit, or upon completion of placement of a manufactured home in accordance with provisions of the chapter and placement permit, the owner, tenant or authorized agent shall obtain a certificate of occupancy. It shall be unlawful to use or occupy, or allow the use or occupancy, of any building, manufactured home, or premises without first obtaining a certificate of occupancy for said building, manufactured home or lands. The building inspector or the city manager's designee shall be responsible for issuance or non-issuance of the certificate of occupancy, and shall inspect and approve all work for conformity with the provisions of this chapter and any building or placement permit before issuing the certificate of occupancy.

(Res. No. 24-10, att., 9-19-2023)

All applications for building permits, placement permits and certificates of occupancy shall be made in writing by the owner or tenants or authorized agent, on such form or forms developed for that purpose or purposes, and shall be filed with the building inspector or the city manager's designee. The applications shall include all information and supporting materials necessary to make determinations as to conformity with the provisions and standards of this chapter including, but not limited to, those specified in section 62-44(b)(2) and the following:

(1)

Shall include a statement as to the proposed use of the building and/or land.

(2)

Shall be accompanied by working plans drawn to scale, showing the location of the building in relation to property and road lines.

(3)

Shall give the name and address of the surveyor or other person competent to give such location and to state the road lines.

In addition the building inspector or the city manager's designee may require certified "as-built" site plans or other information necessary to determine chapter and permit compliance before issuing a certificate of occupancy.

(Res. No. 24-10, att., 9-19-2023)

If the applicant desires the planning commission to grant a variance, then in addition, the application shall be set forth the nature of the variance and shall state briefly the reasons why such variance shall be granted.

(Res. No. 24-10, att., 9-19-2023)

An appeal from the decision of the building inspector or the city manager's designee shall be taken within 30 days.

(Res. No. 24-10, att., 9-19-2023)

The applicant for a permit or certificate of occupancy shall, at the time of application, pay to the building inspector or the city manager's designee for the use of the city, a fee in accordance with a fee schedule adopted by the city council.

(Res. No. 24-10, att., 9-19-2023)

Nothing herein contained shall be construed to render inoperative any enforceable restrictions established by covenants running with the land, and which restrictions are not prohibited by or not contrary to the regulations herein established.

(Res. No. 24-10, att., 9-19-2023)

A lot which is of record on the city plan or of record title upon a plan or separately described in a deed or recorded in the office for the recording of deeds of the county and which is in single and separate ownership at the time of the enactment of the ordinance from which this chapter is derived and where such owner does not own adjoining land or lots and where it is not financially feasible to acquire adjoining land or lots from other owners, such lot may be used for a use permitted in the district in which it is located upon a finding by the planning commission that the lot size is reasonably close to the minimum and maximum regulations required under this article and that owners of lots within 300 feet thereof, after 20 days' notice and hearing, do not object or will not be adversely affected thereby.

(Res. No. 24-10, att., 9-19-2023)

No lot shall be so reduced that the area of the lot or the dimensions of the required open spaces shall be less than herein prescribed by this chapter.

(Res. No. 24-10, att., 9-19-2023)

Where an unimproved lot of record is situated on the same street frontage with two improved lots or one unimproved and one improved lot, the front yard requirement for that district may be modified so that the front yard shall be an average of the existing and as required front yard.

(Res. No. 24-10, att., 9-19-2023)

Notwithstanding any part of this chapter or any permit granted or any variance granted by the planning commission, no type of structure, vehicle, tree, plant, vegetation, sign or fence, or any type of obstacle or any portion thereof shall be placed or retained in such a manner which would create a traffic hazard or would obstruct the vision clearance of corners, curb cuts or railroad crossing in any zone.

(Res. No. 24-10, att., 9-19-2023)

No rubbish, salvage materials, junk or miscellaneous refuse shall be openly stored or kept in the open and no weeds shall be allowed to go uncut within any zones when the same may be construed to be a menace to public health and safety by the appropriate health department, or to have a depressing influence upon property values in the area.

(Res. No. 24-10, att., 9-19-2023)

Accessory uses authorized in this chapter shall include, but not by way of limitation, the following:

(1)

Uses accessory to agriculture: Greenhouses, a roadside stand for the sale of products produced on the premises for use and the disposal thereof by marketing or otherwise.

(2)

Uses accessory to dwellings:

a.

Private garage, private parking space, private stables, barn, shelter for pets.

b.

Private greenhouses.

c.

Living quarters for household employees, caretakers or watchmen.

d.

Professional office or studio of a doctor, dentist, healer, teacher, artist, architect, landscape architect, musician, lawyer, engineer, magistrate or practitioner of a similar character, or rooms for the home occupations listed below, provided that office, studio or rooms are located in a dwelling in which the practitioner resides, or in a building accessory thereto, and provided further that no goods are publicly displayed on the premises. The following home occupations shall be allowed:

1.

Custom dressmaking, millinery, tailoring, sewing of fabric for custom apparel and custom home furnishing.

2.

Foster family care.

3.

Any office in which chattels or goods, wares or merchandise are not commercially created, exchanged or sold.

4.

Tutoring.

5.

Fine arts studio in which are created only individual works of art.

(3)

Uses accessory to non-commercial recreational use: Customary recreational, refreshment and service uses and buildings in any non-commercial recreational area. Uses authorized in this chapter as accessory to a dwelling shall not be deemed to include a business, hospital clinic, animal hospital, barber shop, beauty parlor, other personal service shop, team room, hotel or similar use.

(Res. No. 24-10, att., 9-19-2023)

The provisions of this chapter shall not be constructed to limit or interfere with the installation, operation and maintenance of public utility structures or facilities in existence at the time of passage of the ordinance from which this chapter is derived, or which may hereafter be located within public easements or rights-of-way designated for such purposes.

(Res. No. 24-10, att., 9-19-2023)

Cross reference— Utilities, Ch. 58.

No building and no part of a building shall be erected within or shall project into any required yard setback in any district, except that:

(1)

A terrace, platform or landing place, not covered by a roof, canopy or trellis, which does not extend above the level of the first floor of the building, may be erected to extend into a required yard setback a distance of not more than 12 feet, provided that it shall not extend into such yard more than 40 percent of the required depth or width of the yard.

(2)

A porte-cochere (carport) may be erected over a driveway in a required side yard setback, provided that such structure is:

a.

Not more than 14 feet in height and 20 feet in length.

b.

Entirely open on at least three sides, exclusive of the necessary supporting columns and customary architectural features.

c.

At least five feet from the side lot line.

(3)

A buttress, chimney, cornice, pier or pilaster of a building may project not more than 18 inches into a required yard setback.

(4)

Open, unenclosed fire escapes, steps, bay windows and balconies may project not more than three feet into a required yard setback.

(Res. No. 24-10, att., 9-19-2023)

The planning commission may allow as a special exception the conversion of a single-family dwelling or other building into a dwelling for two or more families, subject to the following requirements:

(1)

Each dwelling unit shall have not less than 700 square feet of floor area, plus an additional 100 square feet of floor area for each additional bedroom in excess of one.

(2)

The lot area per family is not reduced thereby to an amount less than 75 percent of that required by this chapter for the district in which the designated lot is located.

(3)

Fire escape and outside stairways shall, when practicable, be located to the rear of the building. Outside stairways shall be enclosed. A metal fire escape shall be provided for each floor above the second, leading to the ground. Each unit shall have two means of egress, both of which shall terminate in a public way or a court space leading to a public way.

(4)

The planning commission shall specify the maximum number of families permitted to occupy such buildings and may prescribe such further conditions and restrictions as the planning commission may consider appropriate.

(5)

The off-street parking requirements of this chapter shall be met.

(6)

The conversion shall be authorized only for a large dwelling with relatively little economic usefulness as a conforming use.

(7)

The structure shall be located within the boundaries of the R-2 or R-3 residential district and no other.

(Res. No. 24-10, att., 9-19-2023)

Each dwelling unit shall contain not less than one habitable living room, one bedroom, one kitchen/dining room and one bathroom, subject to the following requirements;

(1)

Each dwelling unit shall have a habitable living room of not less than 120 square feet of open floor area, if occupied by five or less occupants. If occupied by six or more occupants, the habitable living room shall contain not less than 150 square feet of open floor area.

(2)

Each bedroom shall contain not less than 90 square feet of floor space when occupied by one person. Each bedroom occupied by more than one person shall contain not less than 50 square feet per occupant per bedroom.

(3)

Each dwelling unit occupied by five or fewer occupants shall contain not less than 80 square feet of dining/kitchen area. Each dwelling unit occupied by six or more occupants shall contain not less than 100 square feet of dining/kitchen area.

(4)

Each dwelling unit shall contain at least one bathroom that meets all national, state, and local electrical codes and plumbing codes.

(5)

Living rooms, dining/kitchen rooms and bathrooms shall not be considered as bedrooms and/or sleeping areas.

(Ord. No. 24-21, § 1, 2-6-2024)

In the event of changes in the city limits removing territory from the city, district boundaries shall be construed as moving with the city limits. In the event of annexation of new areas to the city, such areas shall be considered to be in the R-1A district until otherwise classified.

(Res. No. 24-10, att., 9-19-2023)

Whenever, in the course of administration and enforcement of this chapter it is necessary or desirable to make any administrative decision, then, unless other standards are in this chapter provided, the decision shall be made so that the result will not be contrary to the spirit and purpose of this chapter.

(Res. No. 24-10, att., 9-19-2023)

Spot zoning of an isolated parcel of land is prohibited unless deemed necessary under special circumstances to include historical value, environmental importance, or scenic value.

(Res. No. 24-10, att., 9-19-2023)

Whenever the provisions of the ordinance from which this chapter is derived impose more restrictive standards than are required in or under any other ordinance, regulation, rule or law, the provisions of the ordinance from which this chapter is derived shall govern. Whenever the provisions of any other ordinance, regulation, rule, statue, or law require more restrictive standards than are required by the ordinance from which this chapter is derived, the provisions of such ordinance, regulation, rule, statue or law shall govern.

(Res. No. 25-21, 1-7-2025)

The city planning commission shall function as and be the board of appeals.

(Res. No. 24-10, att., 9-19-2023)

The city planning commission shall have the following powers:

(1)

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

(2)

To hear and decide special exceptions to the terms of the chapter, upon which such board is required to pass under this chapter.

(3)

To authorize upon appeal in specific cases such variance from the terms of the chapter, as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of the chapter will in an individual case, result in unnecessary hardship, so that the spirit of the chapter shall be observed, public safety and welfare secured, and substantial justice done. Such variance may be granted in such individual case of unnecessary hardship on a finding by the planning commission 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 the chapter to this particular piece of property would create an unnecessary hardship.

c.

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

d.

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

In exercising the above powers, the planning commission may, in conformity with the provisions of this chapter, reverse or affirm, wholly or partly, or may modify the order, requirements, decision or determination, and to that end shall have all the powers of the officer from whom the appeal is taken and may issue or direct the issuance of a permit.

(Res. No. 24-10, att., 9-19-2023)

In any instance where the planning commission is required to consider an exception or variance in the chapter or map, or placement of a manufactured or mobile home, in accordance with the provisions of this chapter, the board shall, among other things:

(1)

Assure itself that the proposed change is consistent with the spirit, purpose and intent of the chapter and consider the effect upon the public interest of granting or denying the application.

(2)

Determine that the proposed change will not substantially injure or detract from the use of neighboring property or from the general character of the neighborhood, and that the use of the property adjacent to the area included in the proposed change or plan is adequately safeguarded.

(3)

Determine that the proposed change will serve the best interests of the city, the convenience of the community, where applicable, and the public welfare.

(4)

Consider the unnecessary hardship which will or may be inflicted upon the applicant by denial of his application.

(5)

Consider the presence or absence in the neighborhood of conditions or uses which are the same or similar in character to the condition or use for which the applicant seeks approval.

(6)

Consider the effect of the proposed change upon the logical, efficient and economical extension of public services and facilities such as public water, sewers, police and fire protection and public schools, and assure adequate arrangements for sanitation in specific instances.

(7)

Safeguard the development of highway frontage as far as possible to limit the total number of access points and encourage the frontage of buildings on parallel marginal roads or on roads perpendicular to the highway.

(8)

Consider the suitability of the proposed location of an industrial or commercial use with respect to probable effects upon highway traffic, and ensure adequate access arrangements in order to protect major highways from undue congestion and hazard.

(9)

Ascertain the adequacy of sanitation and public safety provisions, where applicable, and require a certificate of adequacy of sewage and water facilities from the county department of health in any case required herein or deemed advisable.

(10)

Impose such conditions, in addition to those required, as are necessary to assure that the general purpose and intent of this chapter is complied with, which conditions may include, but are not limited to, harmonious design of buildings, planting and its maintenance as a sight or sound screen, and the minimizing of noxious, offensive or hazardous elements.

(Res. No. 24-10, att., 9-19-2023)

The planning commission shall make rules as to the manner of filing appeals or applications for special exceptions or for a variance from the terms of this chapter.

(1)

An appeal stays all legal proceedings in furtherance of the action appealed from unless the officer from whom the appeal is taken certifies to the planning commission after the notice of appeal shall be filed with him, that by reason of facts stated in the certificate a stay would, in his opinion, cause imminent peril to life and property. In such case proceedings shall not be stayed otherwise than by a restraining order which may be granted by the planning commission or by a court of record on application, on notice to the officer from whom the appeal is taken, and on due cause shown.

(2)

Whenever a person shall take an appeal to the planning commission, he shall obtain the appropriate form from the building inspector or the city manager's designee. It shall be the duty of the said person to complete the appeal form in its entirety, the form is then to be submitted to the city, together with the appropriate fees.

(3)

In addition, a list of names and addresses of the owner, if he or his residence is known, or the occupier of every lot in the same street within 500 feet of the lot or building in question and of every lot not on the same street within 150 feet of said lot or building, shall be submitted with the appeal form; provided, however, that failure to provide such list of names provided by this subsection shall not invalidate any action taken by the planning commission.

(Res. No. 24-10, att., 9-19-2023)

Meetings of the board shall be held at the call of the chair and at such times as the board may determine. The chair, or in his absence the acting chair, may administer oaths and compel the attendance of witnesses. All meetings shall be open to the public. The board shall keep minutes of its proceedings and record of its examinations and other official actions, all of which shall be immediately filed in the office of the board and shall be a public record.

(Res. No. 24-10, att., 9-19-2023)

In the exercise of the powers vested in it by this chapter, the planning commission may, in its discretion, refer to any other agency of the city, county or state for an advisory opinion on any matter properly before it with respect to which it believes that such advisory opinion would be helpful to it in reaching its own determination.

(Res. No. 24-10, att., 9-19-2023)

(a)

The planning commission shall fix a reasonable time for the hearing of the appeal or other matter referred to it, and give public notice thereof, as well as due notice to the parties in interest, and decide the same within a reasonable time. Upon the hearing any party may appeal in person or by agent or by attorney.

(b)

The planning commission shall give at least 15 days notice of any required public hearing in the following manner:

(1)

By publishing a notice thereof in one newspaper of general circulation in the city.

(2)

By mailing a notice to those persons identified as owners or occupiers under section 62-84 by the person seeking relief from the planning commission.

(Res. No. 24-10, att., 9-19-2023)

Unless otherwise specified by the city council, a special exception or variance shall expire if the applicant fails to obtain a building permit thereunder within six months from the date of authorization thereof.

(Res. No. 24-10, att., 9-19-2023)

A charge or fee on file in the City of Glennville clerk's office shall be paid by each applicant upon the filing of an application with the planning commission for a special exception or variance from the terms of this chapter. The charge or fee shall be paid in advance to the city clerk and shall be used to defray the necessary expenses of the planning commission.

(Res. No. 24-10, att., 9-19-2023)

All appeals, requests for special exemptions and variances shall first be referred to the planning commission for action. If the planning commission fails to take action within 30 days of the public hearing required under section 62-117, the matter shall be referred to the city council for final determination as if the planning commission had recommended approval.

(Res. No. 24-10, att., 9-19-2023)

Any decision, recommendation or other action of the planning commission shall be considered advisory in nature, and shall be referred to the city council for final determination within a reasonable time period. Actions of the planning commission shall not be binding upon the city council, except that a favorable vote of two-thirds of all members of the city council authorized to vote thereon shall be required to override any action proposed by the planning commission. However, the city council may by simple majority vote to impose any additional or more stringent safeguards or special conditions before granting any appeal, special exemption or variance, so long as such safeguards or special conditions are reasonable and designed to protect the public health, safety or welfare.

(Res. No. 24-10, att., 9-19-2023)

The city council may from time to time amend, supplement or change by ordinance, the boundaries of the use districts or zones established on the comprehensive zoning map or the regulations set forth in this chapter. Any proposed amendment, supplement or change shall first be submitted to the planning commission for its recommendation.

(Res. No. 24-10, att., 9-19-2023)

This chapter, including the comprehensive zoning map, may be amended by the city council on its own motion, on petition of an owner of property 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. Before enacting an amendment to this chapter, the city council shall give public notice and hold a public hearing thereon as set forth in this article.

(Res. No. 24-10, att., 9-19-2023)

Any person or persons, other than the city council or planning commission, desiring to submit a petition requesting a change in zoning shall file such petition with a plat of the subject property attached thereto, together with a payment in the amount on file in the clerk's office to cover administrative and advertising costs, with the building inspector or the city manager's designee. Such petition shall be signed by the petitioner who must be the owner of the property and shall state the name, address and telephone number of the petitioner, the present zoning classification of the property; the proposed classification of the property; the reasons for requesting the proposed change in zoning; the amount of any gift or campaign contribution made by the petitioner, or by any person who has a financial interest in the petitioner if the petitioner is a partnership, corporation or other business entity, to the mayor, any member of the city council or planning commission during the three years immediately preceding the filing of such petition, and said petition shall be accompanied by such disclosure as is required by O.C.G.A. § 36-67A-1 et seq., if any. When a petition is filed, the building inspector or the city manager's designee shall forthwith deliver copies of such petition to the members of the planning commission and the city manager.

(Res. No. 24-10, att., 9-19-2023)

The building inspector or the city manager's designee shall then prepare and cause to be published at least once in the legal organ, a newspaper of general circulation within the territorial boundaries of the city and its official organ, a notice of the public hearings which will be held by the planning commission and city council, stating the time, place and purpose of such hearings, the location of the property and name of the owner thereof, the present zoning classification of the property, and the proposed zoning classification of the property. The publication of said notice shall be published at least 15 days and no more than 45 days prior to the date of the hearings. Public hearings shall also be held by the planning commission on proposed amendments to this chapter initiated by the city council or by the planning commission, and notice of such hearings shall be published as hereinbefore provided for notices of hearings on petitions of owners for rezoning. Such notices shall state the time, place and purpose of such hearings and, if rezoning of property is proposed, shall also state the location of the property, the present zoning classification of the property, and the proposed zoning classification of the property.

(Res. No. 24-10, att., 9-19-2023)

Upon the filing of a petition for a change in zoning, and not less than 15 days prior to the date of the hearing thereon before the planning commission, the building inspector or the city manager's designee shall, cause to be erected in a conspicuous location on the subject property a sign. The required sign shall be at least nine square feet (three feet × three feet) in size and shall contain a message composed of black letters three feet high upon a white background which shall read as follows:

PUBLIC HEARING NOTICE
ZONE CHANGE

PUBLIC HEARING NOTICE
ZONING VARIANCE

___________
City of Glennville

PUBLIC HEARING NOTICE
ZONING SPECIAL EXCEPTION

___________
City of Glennville

All signs, whether erected by a petitioner or by the city, shall be located to provide adequate exposure to the public, and after the hearing before the planning commission, the sign shall be maintained on the subject property by the party responsible for its erection until the city council has taken final action on the proposed rezoning.

(Res. No. 24-10, att., 9-19-2023)

When any rezoning proceeding is initiated, the building inspector or the city manager's designee shall notify all persons owning property within a radius of 500 feet of the subject property by first class United States mail or personal delivery of the time, place and purpose of the hearing before the planning commission; provided, however, that the failure of the building inspector or the city manager's designee, through oversight, omission or lack of information, to give such notice to such a property owner shall not invalidate any action or recommendation of the planning commission, or any zoning decision of the city council in such proceeding, it being the intention of this section to notify, insofar as reasonably possible, those persons substantially interested in the proposed change in zoning classification that a public hearing is pending. Depositing such notices in the United States mail in properly addressed envelopes with adequate postage affixed or personal delivery at least 15 days prior to the date of the hearing of which notice is given shall be deemed full compliance with the requirements of this section.

(Res. No. 24-10, att., 9-19-2023)

(a)

The hearings before the planning commission shall be public hearings as aforesaid, and be conducted as hereinafter provided.

(b)

At the commencement of the hearing, the presiding officer shall give a brief explanation of the matter under consideration and the issue or issues to be determined. Following such explanation, the petitioner and proponents of the petition seeking a change in zoning, or the proponents of any other proposed amendment to this chapter, as the case may be, shall be afforded the first opportunity to present their case and evidence to the planning commission. After this presentment, all parties in opposition shall be afforded an opportunity to present their opposition and evidence, and, after all parties have been so heard by the planning commission, the planning commission may, but shall not be required to permit one person to summarize the evidence and arguments of the proponents, and one person to summarize the evidence and arguments of the parties in opposition, limiting the time for the presentation of such summarizes to the extent the planning commission chair deems appropriate. After all parties have been heard and such summaries, if any, have been completed, the planning commission chair shall close the floor to open debate and further evidence, and once the floor is closed to open debate and further evidence, and deliberation has begun by the planning commission on the issue before it, no further evidence may be presented on arguments made either for or against the proposed rezoning or other amendments to this chapter being considered without the expressed consent of the planning commission. Thereafter, the planning commission shall begin deliberations and shall take into consideration all evidence properly before it and all pertinent standards and factors set forth in this chapter.

(c)

When a decision has been reached the planning commission shall make its written report on the proposed change in zoning or other amendment to this chapter to the city council, reporting the vote of each member of the planning commission thereon. If such report is not made within 30 days after the public hearing, the petition for rezoning or other amendment to this chapter shall be deemed to have been recommended for approval. Such reports of the planning commission shall be filed with the secretary of the city council who shall, upon the date said report is received, post a copy thereof as a regular notice at the place for posting such notices in city hall and forward a copy thereof to the petitioner for rezoning, if any, at the address shown in the petition for such rezoning. A copy of said report shall also be delivered to the building inspector or city manager's designee. Should a petitioner fail to comply with any requirements of this chapter pertaining to the petition prior to the time said public hearing is held, the petition shall for said reason be denied by the planning commission without inquiring into its merits. If the petitioner desires to further pursue the matter of rezoning the property in question, the petitioner must file a new petition requesting a change in the zoning of the property in question; pay an additional sum on file in the clerk's office to cover administrative and advertising costs; and comply with all requirements of this chapter pertaining to a petition for rezoning, whereupon the planning commission shall proceed to hear said petition on its merits.

(Res. No. 24-10, att., 9-19-2023)

The hearings before the city council shall be public hearings as aforesaid and all discussions and deliberations shall be conducted in open meeting provided, however, that nothing contained herein shall prohibit the city council from going into executive session for the purpose of discussing legal questions arising due to the matter under consideration with the city attorney in an attorney-client relationship. At the commencement of the hearing, the presiding officer whether the mayor or the mayor pro tem, or someone designated by the presiding officer, shall give a brief explanation of the matter under consideration and the issue or issues to be determined. Following such explanation, the petitioner and proponents of the petition seeking a change in zoning, or the proponents of any other proposed amendment to this chapter, as the case may be, shall be afforded the first opportunity to present their case and evidence to the city council. After this presentment, all parties in opposition shall be afforded an opportunity to present their opposition and evidence, and, after all parties have been so heard by the city council, the city council may, but shall not be required to permit one person to summarize the evidence and arguments of the proponents, and one person to summarize the evidence and arguments of the parties in opposition, limiting the time for the presentation of such summarizes to the extent the presiding officer deems appropriate. After all parties have been heard and such summaries, if any, have been completed, the city council shall close the floor to open debate and further evidence, whereupon the city council shall consider the issue to be determined and the evidence and arguments presented to it during the hearing, and make its decision by open ballot. Once deliberation begins by the city council on the issue before it, no further evidence may be presented or arguments made either for or against the proposed rezoning or other amendments to this chapter being considered without the express consent of the city council. Since one of the functions of the planning commission is to consider and plan for the long-range development of the city, the city council shall give great weight to the recommendations of the planning commission. However, such recommendations have advisory effect only and the city council shall not be bound by such recommendations. If the decision of the city council (with a two-thirds majority) results in a rezoning of property or any other amendment to the chapter, such amendment shall be adopted by ordinance.

(Res. No. 24-10, att., 9-19-2023)

The city council recognizes that the proper discharge of its zoning powers requires the consideration and balancing of the public interest in protecting and promoting the public health, safety, morality and general welfare against the right to unrestricted use of property. To ensure a proper balancing of the aforesaid interests, the planning commission in considering amendments to the chapter and applications to rezone property for the purpose of making recommendations to the city council, and the planning commission in considering or making any zoning decision including, but not limited to, decisions concerning amendments to the chapter and application to rezone property, shall consider the following standards and factors:

(1)

The existing land use pattern and existing uses and zoning of nearby property.

(2)

Whether existing boundaries of use districts or zones are illogically drawn in relation to existing conditions affecting the property.

(3)

Whether changed or changing conditions make the passage of the proposed zoning appropriate.

(4)

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

(5)

The suitability of the subject property for this purpose of the zoning.

(6)

Whether the request is a logical extension of use district or zone boundary which would improve the pattern of uses in the general area.

(7)

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

(8)

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

(9)

Whether the zoning proposal will adversely affect the existing use or usability of adjacent or nearby properties.

(10)

The extent to which property values are diminished by the particular zoning restrictions and the extent to which any such diminution promotes the health, safety, morals and general welfare of the city.

(11)

The population density pattern and the possible increase in the use of, or the overloading of public facilities including, but not limited to, water and sewer systems, and streets.

(12)

The cost to the local government in providing, improving, increasing or maintaining water service, sewer service, streets and public safety measures.

(13)

Whether the request requires a major change in existing levels of public service which cannot feasibly be financed by the local government.

(14)

Accessibility of public transportation to the property.

(15)

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

(16)

Whether the property is likely to be used for the use requested.

(17)

The aesthetic effect of existing and future use of the property as it is related to the surrounding area.

(18)

Impact on the environment including, but not limited to, drainage, soil erosion and sedimentation, flooding, air quality, water quality and quantity.

(19)

Whether there exists a substantial need for the restrictions imposed or contemplated upon the use of the property which affects the public health, morals, safety or welfare of the city.

(20)

The relative gain to the public, as compared to the hardship imposed upon the individual property owner, and the relative loss to the public, as compared to the benefit gained by the individual property owner.

(21)

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.

(22)

Any other factors relevant to the balancing of the public interest in protecting and promoting the public health, safety, morality and general welfare against the right to unrestricted use of property.

The planning commission shall also consider such of the foregoing standards and factors as may be relevant to consideration of any issue before it on appeal.

(Res. No. 24-10, att., 9-19-2023)

(a)

Any attorney at law who intends to participate in any public hearing before the planning commission, the city council or the planning commission as attorney for any person shall, prior to the hearing, provide the person who will preside at such hearing with a written statement setting forth the names of the clients who he will represent during the hearing and the reason each client is interested in the issue to be determined at the hearing. Thereafter, the clients of such attorney shall be bound by statements, stipulations and arguments made in their behalf by such attorney, and their oral participation in the hearing shall be limited to giving testimony when questioned by their attorney involved in the hearing, or by a member of the city council.

(b)

During any public hearing held by the planning commission, the city council or the planning commission under the provisions of this chapter, the building inspector or city manager's designee may appear in his capacity and provide such information, and make such comments and observations concerning the matter under consideration as may be appropriate or relevant.

(c)

It is recognized that it is incumbent upon the members of the planning commission, the mayor and other members of the city council and the planning commission to remain impartial and consider every issue that comes before them impartially and without favor or affection to anyone. It is also recognized that it is imperative, in order that the planning commission, and the city council be free from suspicion of prejudice or partiality, that interested parties refrain from approaching any member thereof privately, and the only legitimate want for anyone to influence or persuade the planning commission, the city council or the planning commission in making a decision on an issue under consideration is to present his opinions, arguments and evidence at the public hearings required to be held. Shall any person interested, either directly or indirectly, in a decision to be made by one of the boards or the city council on any zoning matter pending before them or which may come before it at some later date, attempt to discuss the merits of the issue to be determined with any other board member, or the mayor or members of the city council, or otherwise communicate or attempt to communicate with any board member or member of the city council either directly, in an effort to influence such member's vote on the issue when it comes before the body of which he is a member for determination, such board member or member of the city council shall immediately apprise such person of the impropriety of his conduct and decline to discuss such issue with such person in any way. It shall be unlawful for such person to persist in the effort to discuss the issue or otherwise communicate with the board member or member of the city council concerning the same, and any person so persisting shall be punished as provided by this Code.

(Res. No. 24-10, att., 9-19-2023)

Upon defeat of an application for a change in zoning, the city council may not consider the property in question for rezoning amendment until at least six months has elapsed.

(Res. No. 24-10, att., 9-19-2023)

Any land, the existing lawful use of which at the time of passage of the ordinance from which this chapter is derived does not conform with the regulations of the district in which it is located shall have such use considered as a non-conforming use, which may continue on such land but shall be subject to all other pertinent regulations covering non-conforming uses.

(Res. No. 24-10, att., 9-19-2023)

Any lawful building or the lawful use of any building existing at the time of the passage of the ordinance from which this chapter is derived that does not conform in use, height, location, size or bulk, with the regulations of the district in which it is located shall be considered a non-conforming building or use in its present location, but shall subject to all other pertinent regulations covering non-conforming uses.

(Res. No. 24-10, att., 9-19-2023)

A building for which a valid building permit has been issued and/or is actually under construction to the extent of completion of footings may be completed as a non-conforming use. Buildings not under actual construction at the time of passage of the ordinance from which this chapter is derived shall be built in conformity with its requirements.

(Res. No. 24-10, att., 9-19-2023)

A non-conforming building or use shall be considered as such unless and until it complies with the regulations of the district in which it is located. Such use shall not be changed to a use designated for a district having less restrictive regulations.

(Res. No. 24-10, att., 9-19-2023)

Editor's note— Res. No. 25-21, adopted Jan. 7, 2025, repealed § 62-145, which pertained to discontinued use and derived from Res. No. 24-10, att., adopted Sept. 19, 2023.

Any lawful non-conforming use of a portion of a building of which a lawful non-conforming use is made may be extended upon the lot occupied by such building and held in single and separate ownership on the effective date of the ordinance and further, such lawful non-conforming use may be continued in any new building erected upon the lot or tract held in single and separate ownership on the effective date of the ordinance from which this chapter is derived and further, such lawful non-conforming use may be continued on adjoining lots as a variance provided, in all such cases, that any structure, alteration, extension or addition shall conform with all the height, area, width, yard and coverage requirements for the district in which it is located.

(Res. No. 24-10, att., 9-19-2023)

The planning commission shall have discretion to determine, in accordance with the provisions of this chapter, what resumption to a change of a non-conforming use is of the same class and use and is permissible.

(Res. No. 24-10, att., 9-19-2023)

A non-conforming building which has been damaged or destroyed by fire, explosion, accident or calamity (as contrasted to deterioration due to time or neglect) may not be rebuilt, altered or repaired after damage exceeding 50 percent of its replacement cost at the time of destruction except in conformity with this chapter.

(Res. No. 24-10, att., 9-19-2023)

A non-conforming building which has been legally condemned shall not be rebuilt or used except in accordance with the provisions of this chapter.

(Res. No. 24-10, att., 9-19-2023)

A temporary non-conforming use, which will benefit the public health or welfare or promote proper development of a district in conformity with the intent of this chapter, may be permitted for a period of not more than one month, on the approval of the planning commission, but any such use to be permitted for a longer period shall require a public hearing thereon, after which a planning commission certificate may be issued for a period not exceeding one year in any case.

(Res. No. 24-10, att., 9-19-2023)

Any sign, signboard, billboard or advertising device existing at the time of the passage of the ordinance from which this chapter is derived that does not conform in use, location, height or size with the regulations of the district in which it is located, shall be considered a non-conforming use and may continue in such use in its present location for a period of five years from the date of the passage of the ordinance from which this chapter is derived, but not after. The continuation of such non-conforming use after the expiration of five years shall be a violation of this chapter.

(Res. No. 24-10, att., 9-19-2023)

Where the owner of a lot at the time of the adoption of this provision does not own sufficient land to enable him to conform to the dimensional requirements of this chapter, such lot may nonetheless be used as a building site provided that said lot requirements are not reduced below the minimum specified in this chapter by more than 20 percent. If, however, the owner of two or more adjoining lots with insufficient land dimensions, decides to build on or sell off these lots, he must first combine said lots to comply with the dimensional requirements of the chapter. Any lot requiring dimensional waivers below the 20 percent minimum set forth in this section may be approved by the planning commission and city council upon application and process as a variance, provided that further decreased dimensional requirements shall conform as closely as possible to the required dimensions.

(Res. No. 25-21, 1-7-2025)

A manufactured home or modular home for which a valid permit has been issued at the time of the adoption of revised provision in section 62-501 may be replaced with another manufactured home or modular home, provided that the housing standards of section 62-264 are met.

(Res. No. 25-21, 1-7-2025)