This ordinance shall be administered by the Zoning Administrator of the City of Grantville, in cooperation with the Planning Commission, and the City Council of the City of Grantville, Georgia.

17.1-1

Zoning Administrator. There shall be hereby created the Office of Zoning Administrator of The City of Grantville, Georgia.

1.

Duties and Authority. The Zoning Administrator shall administer the provisions of the Zoning Ordinance, and shall:

a.

Serve as administrative secretary to the Planning Commission.

b.

Maintain public records concerning the administration of the Zoning Ordinance, including all maps, amendments, Certificates of Zoning Compliance, Conditional uses, Variances, and records of public hearings.

c.

Issue Certificates of Zoning Compliance for all permitted uses, for conditional uses recommended by the Planning Commission and approved by the City Council, and variances which are approved by the City Council.

d.

Certificates of Zoning Compliance may be issued by the Zoning Administrator for conditional uses which pose no greater impact on the surrounding community than uses of right. Any conditional uses which in the opinion of the Zoning Administrator will constitute a possible impact to the safety, health, general welfare or morality of the community will be presented to the Planning Commission for recommendation to the City Council.

e.

Collect data and keep informed as to the best zoning practices in order to be qualified to make recommendations to the Planning Commission, all of which must be approved by the City Council.

17.2-1

There shall be hereby created the City of Grantville, Georgia Planning Commission whose purpose is to carry out provisions of the City of Grantville Zoning Ordinance assigned to it and within applicable provisions of the laws of Georgia. This Zoning Ordinance, including the Official Zoning Maps, may be amended by the City of Grantville Commission on its own motion, on a petition, or on recommendation of the Planning Commission, but no amendment shall become effective unless it has proposed by or submitted to the Planning Commission for review and recommendation.

17.2-2

Membership. Members of the planning commission shall be appointed by the City of Grantville City Council. The planning commission shall consist of five members who are citizens of the City of Grantville and who shall be appointed for two year terms, or until their successors shall be appointed. No member shall hold any elective office within the City of Grantville. Unexpired terms shall be filled by the city council. All members shall serve without compensation, but may be reimbursed for actual expenses incurred in connection with their official duties. Members are removable for cause by the city council upon written charges and after a public hearing.

17.2-3

Procedure. The Planning Commission shall elect a Chairman and Vice Chairman, (who shall be acting Chairman in the absence of the Chairman) on an annual basis. The Chairman may not succeed himself.

17.2-4

The Chairman (or in his absence the Vice-Chairman) shall preside at all meetings and hearings of the Commission and decide all points of order or procedure. The Chairman shall appoint any committees which may be found necessary. The Chairman shall be the deciding vote in any vote ending in a tie.

17.2-5

The Zoning Administrator (Secretary to the Planning Commission) shall conduct all correspondence of the Planning Commission; keep a minutes' book recording attendance, the vote of each member upon each question, or if absent, the failure to vote, indicating such fact; keep records of examination[s] and hearing[s] and other official action[s]; and shall carry out such other official duties as may be assigned by the Commission.

17.2-6

The planning commission shall make its own rules of procedure and determine its date and time of meetings. All meetings of the planning commission shall be open to the public, unless otherwise provided by law, and all records of the planning commission shall be a public record.

17.2-7

Three (3) members shall constitute a quorum for the conduct of all business.

17.2-8

Neither the Zoning Administrator, nor any member of the Planning Commission shall appear for or represent any person in any matter pending before the Planning Commission. No member of the Planning Commission shall hear or vote upon an appeal in which he or she is directly or indirectly interested in a personal or financial way. The order of business at meetings shall be as follows:

1.

Roll Call.

2.

Review and approval of minutes of previous meeting.

3.

Report of committees (if any).

4.

Unfinished business.

5.

Hearing of cases.

6.

New business.

17.2-9

Failure to attend three (3) consecutive meetings or more shall be considered automatic resignation from the Planning Commission, and upon such resignation by other means, or other vacancies occurring in office, the Chairman or Secretary (Zoning Administrator) shall inform the City Council of such occurrence as promptly as possible, so the Council may appoint a replacement to fill the unexpired term.

(Ord. No. 02-2015, § 1, 6-22-2015)

17.3-1

Applications to amend this ordinance may be in the form of proposals to amend the text, or proposals to amend the Official Zoning Map(s). An application to amend the text of the Zoning Ordinance may be initiated by the Zoning Administrator or be submitted to the Planning Commission by the City Council, or by any person having an interest in the City. An application to amend the Official Zoning Map(s) may be initiated by an individual property owner or his agent, the Zoning Administrator, or be submitted to the Planning Commission by the City Council. Unless initiated by the City Council or the Zoning Administrator, all applications to amend the Official Zoning Map(s) must be submitted by the owner and shall be accompanied by an appropriate fee as set forth in [the] fee schedule posted in City Hall of the City of Grantville, set by the City Council. Such authorization of property ownership shall be notarized and attached to the application. An application for an amendment to the Zoning Map(s) affecting the same property shall not be submitted more than once every 12 months, said intervals to begin with the date of final decision by the City Council.

The 12-month interval shall not apply to applications initiated by the City Council or Zoning Administrator, except for amendments to the Zoning Map(s) which were defeated by the City Council, in which case the interval required for the subsequent application shall be at least six months. However, an application to alter conditions of rezoning may be submitted at any time.

17.4-1

Each application to amend this ordinance or the Official Zoning Map(s) shall be filed with the Zoning Administrator. Applications shall be submitted in compliance with the following:

17.4-2

Text amendment applications shall include the following:

1.

Name and address of applicant.

2.

Current provisions of text to be affected by amendment.

3.

Proposed wording of text change.

4.

Reason for amendment request.

17.4-3

Map amendment applications shall include the following:

1.

A legal description of the tract(s) to be rezoned, including the street address and subdivision, if any, or area in which the tract is located.

2.

Seven copies of a plat, drawn to scale, showing north arrow, land lot and district; the dimensions, acreage and location of that tract(s); floodplain and flood hazard areas; unusual topographical features; current zoning of subject tract and all adjacent properties; and existing structures. This plat shall be prepared by an architect, engineer, landscape architect, a planner with an AICP certification or land surveyor whose seal shall be affixed to the plat.

3.

When any applicant or his attorney for a rezoning action has made, within two (2) years immediately preceding the filing of that applicant's application for the rezoning action, campaign contributions aggregating two hundred fifty dollars ($250.00) or more to a local government official who will consider the application, it shall be the duty of the applicant to file a disclosure report with the governing authority of the respective local government showing:

a.

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

b.

The dollar amount and description of each campaign contribution made by the applicant to the local government official during the two (2) years immediately preceding the filing of the application for the rezoning action and the date of each contribution.

The disclosure required by this Section shall be filed within ten (10) days after an application for the rezoning action is first filed.

4.

The names and addresses of the owners of the land and their agents, if any; together with a written notarized authorization for the owner(s) agents, if any, to seek rezoning.

5.

A letter of intent indicating specifically how the property is to be used.

6.

Each zoning map amendment application, whether submitted by local government, or by a party other than local government, shall include with it a complete, written, documented analysis of the impact of the proposed rezoning with respect to each of the following matters:

a.

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

b.

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

c.

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

d.

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

e.

Whether the zoning proposal is in conformity with the policy and intent of the Comprehensive Land Use Plan.

f.

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.

17.4-3.7

The fee for each Zoning amendment shall be $250.00 (Two Hundred and Fifty Dollars).

17.4-3.8

The fee for each Variance request shall be $250.00 (Two Hundred [and] Fifty Dollars).

(Ord. No. 728, 8-26-2004)

17.4-4

Submitted Application. Applications shall be submitted in accordance with a schedule adopted annually by the City Council which shall provide that each application shall be submitted at least 50 days prior to the date on which it is to be considered by the City Council and in any event in sufficient time so as to permit advance advertising and notice of any public hearing(s) pursuant to the terms of this Section and State Law. Each application for an amendment to the Official Zoning Ordinance text or map shall be assessed a fee as posted in Building and Zoning office of the City of Grantville to defray administrative costs. A fee shall not be charged for applications initiated by the City Council or Zoning Administrator.

17.4-5

An application shall not be withdrawn by the applicant after the legal advertising as required by this Section has first appeared.

17.4-6

An applicant may file site plans, renderings, construction specifications, written development restrictions, and other conditions which the applicant proposes as binding conditions upon the development and use of the property involved in the application; provided, however, that any such conditions or alterations or changes thereto shall be filed with the Zoning Administrator at least seven (7) days prior to the public hearing before the City Council. If any such conditions or alterations or changes thereto are proposed by an applicant and have not been filed as required by this subsection, the City Council, at the time of the public hearing on the application, may defer any action on such application to a specific meeting date. The date designed for action on the application shall be set at a time which will allow the applicant to comply with the filing requirements of this subsection.

17.4-7

If after one (1) year from rezoning, the approved use has not been developed as stated the rezoning application, or [a] Building Permit has not been issued, the rezoning shall become invalid. At this time, the lot or parcel may revert to previously zoned status and a new application for rezoning shall be filed with the Zoning Administrator.

17.5-1

The Zoning Administrator (or his/her designatee) upon receiving an application to amend the Official Zoning Map(s), shall do the following:

1.

With respect to an application to amend the Official Zoning Map(s), consider and evaluate each of the matters set forth in 17.4-3.6.a—f.

2.

Consult with other departments of the Coweta County and the City of Grantville to fully evaluate the impact of any land use or zoning district change upon public facilities and services including, but not limited to schools, drainage, traffic, and related facilities.

3.

Conduct a site review of the property and surrounding area.

4.

Submit a written record of his/her investigation and recommendations to the Planning Commission and City Council, which report shall be a matter of public records.

17.5-2

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

17.6-1

The Planning Commission shall hold a meeting on each application in accordance with a schedule adopted by the City Council or as needed. Any recommendations on each application shall be submitted to the Planning Commission at the public hearing. In addition, the Planning Commission shall with respect to each application consider each of the matters set forth in 17.4-3.6 a—f. As to each application, the Planning Commission shall make a recommendation for approval, approval with conditions, denial, deferral, withdrawal without prejudice or no recommendation. A written report of the Planning Commission's investigation and recommendation, along with the investigation and recommendation of the Zoning Administrator, shall be submitted to the City Council and shall be public record. The Planning Commission's action may recommend amendments to the applicant's request which would reduce the land area for which the application is made, change the district requested, or recommend conditions of rezoning which may be deemed advisable so that the purpose of this ordinance will be served, health, public safety and general welfare secured. The failure of the Planning Commission to take any action as to a particular petition within sixty (60) days of the public hearing will be the same as approval thereof.

17.7-1

Legal Notice. Due notice of the public hearing before the City Council shall be published in the newspaper of general circulation for the City of Grantville in which is carried the legal advertisements of the City by advertising the application and date, time, place, and purpose of the public hearings at least 15 days and not more than 45 days prior to the date of the first hearing conducted by the City Council. If the application is for amendment to the Official Zoning Map(s), then this notice also shall include the location of the property, the present zoning classification of the property, and the proposed zoning classification of the property.

17.7-2 Signs Posted. As to an application to amend the Official Zoning Map(s), if such application is initiated by any party other than the City Council or the City's Zoning Administrator, the Zoning Administrator (or a designee) shall post a sign in a conspicuous place on the property for which the application has been submitted at least fifteen (15) days and no more than forty-five (45) days in advance of the City Council's hearings. Said sign shall contain information as to the date, time and place of the public hearing, the current zoning classification and the proposed zoning classification.

(Ord. No. 08-2012, § 4, 8-27-2012)

17.8-1

In addition to the standards enumerated in other sections of this ordinance, the Planning Commission and City Council shall consider the following matters in reference to any rezoning application:

1.

The existing land use patterns.

2.

The possible creation of an isolated district unrelated to adjacent and nearby districts.

3.

The population density pattern and possible increase or overtaxing of the load on public facilities including, but not limited to, schools, utilities, and streets.

4.

Whether the proposed change will adversely influence living conditions in the neighborhood.

5.

Whether the proposed change will create or excessively increase traffic congestion or otherwise affect public safety.

6.

Whether the proposed change will create adverse environmental impacts to water, erosion and sedimentation control regulations, or sewerage systems.

7.

Whether the proposed change will adversely affect property values in the adjacent area.

8.

Whether the proposed change will seriously reduce light and air to adjacent areas.

9.

Whether there are substantial reasons why the property cannot be used in accordance with existing zoning.

10.

Whether the change suggested is out of scale with the needs of the neighborhood or the City.

11.

The extent to which the zoning decision is consistent with the comprehensive plan, adopted by the City Council.

12.

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

13.

Whether or not any parcel is located in a wetland as determined by the Wetland Protection District Map and by determination of the U.S. Army Corps of Engineers. If the Corps determines that wetlands are present a Section 404 Permit as provided by the Clean Water Act is required to be issued before any parcel is rezoned.

17.9-1

Any the City of Grantville Planning Commissioner who knows or reasonably should know that he or she:

1.

Has any direct ownership in any real property to be affected by a rezoning action under consideration by the City of Grantville Government;

2.

Has a ten percent (10%) or more direct ownership interest in the total assets or capital stock in any business entity which has any direct ownership in any real property affected by a rezoning action under consideration by the City of Grantville Government; or

3.

Has a spouse, parent, sibling or child with any interest as described in previous 17.10-1.1 and 17.10-1.2, shall disclose the nature and extent of such interest, in writing, to the City of Grantville Planning City Council as soon as he or she knows of its existence. Such an Official, which shall include members of the City Council, or Planning Commission, also shall disqualify himself/herself from voting on the rezoning action and shall not take any other action on behalf of himself or herself or anyone else to influence action on the rezoning action. [For] any written disclosures made pursuant to this section which result in the inability of the City Council to obtain a quorum for the purpose of making a final decision when considering a rezoning action, the City Council shall initiate the special master process set forth in O.C.G.A. § 36-67a-5, as amended. Moreover, questions of interpretation as to the application of this statute should be resolved by reference to the Georgia state law governing campaign contribution disclosures, O.C.G.A. § 36-671-1 et seq., as amended.

17.9-2

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

a.

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

b.

The dollar amounts and description of each campaign contribution made by the opponent to the local government official during the two (2) years immediately preceding the filing of the application for the rezoning action and the date of each such contribution.

The disclosure required by this section shall be filed at least five (5) calendar days prior to the first hearing by the local government or any of its agencies on the rezoning application.

17.10-1

The Mayor of the City of Grantville shall open the hearing with an explanation of the purpose of the hearing and a description of the general rules for the conducting of the hearing. The Mayor or his delegate may describe the authority and role of the City Council in any zoning decision. The Mayor or his delegate shall chair the hearing and shall determine the relevance of any proposed comment or presentation to the Council in the hearing and is authorized to rule any individual or a portion of any presentation out of order if not relevant to the published purpose of the hearing. Any person addressing the Mayor and Council shall respond to questions of the Mayor and Council. Remarks shall be made to the Mayor or his delegate only and not to other members of the Council or audience. Any unused portion of allotted time unused by either the applicant or opponent shall not invalidate any proceedings or action taken on the proposed amendment. The following rules of procedure govern the Public Hearing on rezoning or similar matters (special uses) before the City of Grantville. These rules apply to all such public hearing items appearing on any agenda:

1.

Procedures relating to application, notice, and advertisement of items on the public hearing agenda shall conform to the requirements of Georgia law and the City of Grantville Charter.

2.

Exercise of the zoning power shall conform to the standards expressed in the City of Grantville Zoning Ordinance, as most recently amended, as well as with the Comprehensive Land Use Plan.

3.

The Zoning Administrator shall provide a limited number of copies of the policies required by O.C.G.A. § 36-66-1 et seq., which copies shall be available on request to interested members of the public.

4.

Individuals desiring to address the Planning Commission or City Council regarding an agenda item are required to contact the City Clerk or Zoning Administrator. Applicants and/or proponents of an item on the public hearing agenda shall be heard first and shall have a maximum of ten minutes in which to present any information pertinent to the issue to be decided. Failure of the applicant or his/her representative to be present for the hearing shall result in automatic termination of any proceedings on the amendment and a negative recommendation on the proposed amendment by the Mayor and City Council. Opponents of the issue may respond and shall have a maximum of ten minutes in which to present any information pertinent to the issue to be decided. Applicants or proponents may use any unused portion of their ten minutes for rebuttal. No new issues shall be brought forth during the rebuttal by either the applicant or opponent.

5.

In the event there is more than one speaker per side, speakers must divide their time or designate a spokesperson in order to complete their full presentation within the time allotment.

6.

Any remark amounting to an attack on the character or personal integrity of another individual, [any] comment not factually supportable, [any] comment in the form of an emotional outburst, [or] comment not directed at the Mayor, shall be considered to be nonrelevant to the purpose of the hearing and shall be ruled out of order.

7.

The Mayor or his delegate shall enter into the record after the presentation of the applicant or his/her representative any written comment, petition, or similar written statement received by the Mayor and or City Council prior to the hearing and the same shall be considered by the Mayor and City Council along with comments and other relevant information of the hearing in making any zoning decision concerning the proposed zoning amendment. At the public hearing, the City Council shall review the reports prepared by the Zoning Administrator and Planning Commission.

8.

When proponents and opponents of the proposed zoning amendment have been heard in accordance with the foregoing procedures, the Mayor or his delegate shall declare the public hearing closed. No further public hearing on the proposed zoning amendment shall be required prior to the zoning decision.

9.

Copies of these procedures shall be provided at each public hearing.

The City Council shall consider the standards in 17.4-3.6 a-f in evaluating each application. So that the purpose of this ordinance will be served, health, public safety, and general welfare secured, the City Council may approve the application, reduce the land area for which the application is made, change the district requested, add or delete conditions of the application, deny an application, or defer consideration of an application to acquire additional information. An action by the Commission to defer the application shall include a statement of the date and time of the next meeting at which the application will be considered, which statement shall constitute public notice of the hearing on the application, and no further notice is required. The final decision by the City Council shall be reduced to writing and mailed to the applicant. Any amendment involving changes to the Official Map(s) must be made within three (3) business days after approval by the City Council. No amendment becomes effective until entered upon said Map(s).

17.11-1

After the presentation of positions by members of the public at the public hearing, and at the next regularly scheduled meeting of the City Council, a recommendation from the City of Grantville staff (Zoning Administrator, Planning Commission, and any City Official (Building Official) that may have comments or recommendations, shall be heard by the City Council.

17.11-2

Following the staff recommendation, Council members may ask of anyone present questions pertinent to the issue.

17.11-3

Following questions and/or comments by Council members, a motion for action on the issue will be in order. A majority of affirmative votes is required to pass any motion before the City Council.

17.11-4

So that the purpose of the ordinance will be served, health, public safety and general welfare secured, the Mayor and City Council are authorized the following action with respect to any motion pending before it consisting of one of the following: approval, approval with conditions, denial, withdrawal, or deferral to a time and date specified in minutes of meeting. No official action shall be taken until there is a majority vote of a quorum of the City Council.

Appeals from decisions of the City Council shall be taken to the appropriate courts.

17.12-1

No building or other structure shall be located, erected, moved, added to, or structurally altered without a building permit issued by the Building Inspector. No building permit shall be issued except in conformity with the provisions of this ordinance.

17.13-1

All applications for building permits shall be accompanied by plans in duplicate, drawn to scale, showing the actual dimensions of the lot to be built upon, the sizes and locations on the lot of any existing buildings or structures, the shape, size, height, use and location on the lot of the building or structure proposed to be erected or altered, setback distances, any parking spaces, and such other information as may be necessary to provide for the enforcement of the provisions of this ordinance. If no substantial construction progress has been made within six months of the date of the issuance of the building permit, the permit becomes invalid.

The building official is hereby authorized and directed to enforce the provisions of this ordinance.

17.14-1

Right of Entry. Whenever necessary to make an inspection to enforce any of the provisions of the ordinance, or whenever the building official has reasonable cause to believe that there exists in any building or upon any premises any condition or code violation which makes such building, structure, premises, electrical, gas, mechanic or plumbing system unsafe, dangerous, or hazardous, the building official may enter at all reasonable times to inspect the same or to perform any duty imposed upon the building official by this ordinance. If building official is not granted access at time of reasonable request for inspection all utilities shall be disconnected until such time as inspection is made.

17.14-2

Unsafe Buildings or Systems. All buildings, structures, electrical, gas, mechanic or plumbing systems which are unsafe, unsanitary, or do not provide adequate egress or ingress or which constitute a fire hazard, or are otherwise dangerous or hazardous to human life, or which in relation to existing use, constitute a hazard to safety or health, are considered unsafe buildings or systems. All such unsafe buildings, structures or service systems are hereby declared illegal and shall be abated by repair and rehabilitation or by demolition in accordance with the provisions of the City of Grantville Unsafe Building Ordinance.

17.14-3

Stop Work Orders. Upon notice from the building official, work on any building, structure, electrical, gas, mechanical or plumbing systems that is being done contrary to the provisions of this ordinance, building codes, MFG specifications or in a dangerous or unsafe manner, shall immediately cease. Such notice shall be in writing and shall be given to the owner, his agent or [the] person doing the work and shall state the condition in which work may proceed.

17.14-4

Revocation of Permits. The building official may revoke a permit or approval, issued under provisions of this ordinance, in case there has been any false statements or misrepresentation as to the material fact in the application or plans on which the permit or approval was based.

The building official may revoke a permit upon determination by the building official that the permit was issued in violation of, or not in conformity with the provisions of this ordinance.

Any owner, agent or contractor who desires to construct, enlarge, alter, repair, move or demolish a building or structure, or to erect, install, enlarge, alter, repair, remove, convert, or replace any electrical, gas, mechanical or plumbing system, the installation of which is regulated by technical codes, or to cause any such work to be done, shall first make application to the building official and obtain the required permit for the work. Ordinary, minor repairs may be made with the approval of the building official without a permit, provided that such repairs shall not violate any of the provisions of the technical codes.

17.15-1

Permit Applications. Each application for a permit, with the required fee, shall be filed with the building official on a form furnished by the City of Grantville for the specific work to be done, including a general description and the location of the proposed work. The application shall be signed by the owner or his agent or contractor. The application shall indicate the proposed occupancy.

a.

Each application for the construction, and/or the enlargement of a building or premises greater than 200 square feet will require two sets of plans drawn to scale. The official seal of a Certified Architect or engineer legally registered under the laws of this state will be required for all residential and commercial buildings and as required by Georgia Building and Fire Codes.

b.

Each application shall contain two copies of the land plat from the Coweta County tax office showing the exact location, size of building, distance to property and building lines, total acreage and square footage of lot or parcel. These copies may duplicates.

c.

Where private sewerage system are used, a copy of the permit for the septic system, issued by the Coweta County Health Department, shall accompany the application for permit.

17.15-2

Issuing Permits. The building official shall act upon an application for a permit within five working days from time application is filed with the City of Grantville. If the building official is satisfied the work described in the application and contract documents filed, conform to the requirements of the technical codes, state law, and this ordinance, the building official is authorized to issue a permit to the applicant.

a.

If the application for a permit and the documents describing the work do not conform to technical codes, state law or this ordinance the building official shall not issue a permit, but shall notify the applicant in writing of the reasons for refusal to issue permit. This written notification shall be postmarked no later than five working days from the time application is filed with the City of Grantville.

b.

Any person who begins any work on a building, structure, electrical, gas, mechanical or plumbing system before obtaining the necessary permits shall be subject to a penalty of $100 per day from the beginning date of construction until permit application is received by the City of Grantville, plus the price of the required permit or permits.

17.16-1

A Certificate of Occupancy issued by the Building Inspector, with approval from the Zoning Administrator is required in advance of the use or occupancy of:

1.

Any lot or a change in the use thereof.

2.

A building hereafter erected or altered or a change in the use of an existing building.

3.

Any nonconforming use that is existing at the time of the enactment of this ordinance or an amendment thereto that is changed, extended, altered, or rebuilt thereafter.

17.16-2

The Certificate of Occupancy shall state specifically wherein the nonconforming use fails to meet the provisions of this ordinance.

17.16-3

No Certificate of Occupancy shall be issued unless the lot or building or structure complies with all provisions of this ordinance.

17.16-4

A record of all Certificates of Occupancy shall be kept on file in the office of the Building Inspector and a copy shall be furnished on request, to any person having a proprietary or tenancy interest in the building or land involved.

17.17-1-1

A certificate of Zoning Compliance, issued by the Zoning Administrator, and certifying that the proposed structure, land use, or alteration complies with the provisions of the Zoning Ordinance, is required.

17.17-1-2

Site Plan. Each application for a Certificate of Zoning Compliance shall be accompanied by simple sketch of the site and indicating such information as may be needed to present a record of existing conditions and proposed usage including proposed off-street parking and/or loading areas.

17.17-1-3

Time Limit. A Certificate of Zoning Compliance shall become invalid after the use authorized is suspended or abandoned for the period of six months.

Editor's note— Formerly numbered as § 17.17 and renumbered as § 17.17-1 to avoid conflicts in section numbering.

17.17-2-1

In order to maintain the health, safety, welfare, and morality of the citizens of Grantville the City Council may impose conditions on rezoning requests. Conditions placed on the property as a part of approval of a rezoning application shall remain in force until such time as an appeal has been granted. Conditions shall be in writing and purpose for the conditions shall be established.

17.17-2-2

Conditions placed on property at the time of rezoning shall become a written part of the minutes of the City Council meeting and shall be attached to the amendment to the Official Zoning Map. The conditions imposed shall be part of the rezoning application and kept in the office of the Building and Zoning Department.

Editor's note— Formerly numbered as § 17.17 and renumbered as § 17.17-2 to avoid conflicts in section numbering.

Appeals for relief of conditions placed on rezoned property may be heard by the City Council of Grantville only when the reason for the placement of conditions has been altered to allow the use of the property without the conditions. Appeals shall follow the same procedure as that of a rezoning application. Public hearings are required.

17.19-1

The Planning Commission shall review and the Grantville City Council shall approve or deny special uses which are specifically authorized by this Ordinance. Public Hearing are required. (See hearing requirements)

17.19-2

Conditions and Limitations. The Planning Commission shall include any condition, requirement, or limitation which may be necessary to protect adjacent properties and carry out the provisions of this Ordinance in its review and the Grantville City Council may impose conditions, requirements or limitations it deems necessary. If at any time after a special use permit has been issued, the Zoning Administrator or Building Official finds that the conditions imposed and the agreements made have not been or are not being fulfilled by the holder of a special use permit, the permit shall be terminated. The applicant shall file an Acceptance of Conditions form, provided by the City of Grantville, and the certificate shall be notarized.

17.19-3

Procedure. Application for a special use shall be filed with the Office of the Zoning Administrator, and the Planning Commission shall have thirty (30) days within which to consider each request and make written recommendations to the Grantville City Council. A public hearing is required by the Grantville City Council. (see Public Hearing Requirements). Upon receiving recommendations from the Planning Commission or after the thirty day period has expired, the Grantville City Council shall schedule the proposed special use to be voted on at the next regularly scheduled Council meeting. Each application shall be accompanied by a simple sketch of the site, showing the following:

a.

General Location of existing structures and property lines.

b.

Present zoning of adjacent property.

c.

Existing use of adjacent property.

d.

Location of proposed buildings and land use.

e.

A legal description of the property.

f.

Setbacks

g.

Parking spaces if applicable

17.19-4

Specifically, in order to grant approval of a special use, the County Commission must find the following standards have been met:

a.

The available existing street system is adequate to efficiently and safely accommodate the traffic which will be generated by the proposed use or development.

b.

The existing public utilities, facilities and services are adequate to accommodate the proposed use or development.

c.

The use or development will not generate or cause conditions such as noise, light, glare, odor or similar objectionable features which would reduce the value, use or enjoyment of surrounding properties.

d.

The use would not have a detrimental environmental impact on the surrounding area.

e.

The use would not adversely affect the health, safety, morals, and general welfare of the community.

f.

Fee. Each application for a special use shall be assessed a fee according to fee schedule posted in Grantville City Hall and approved by the City Council to partially defray administrative and notification costs.

17.20-1

A variance will be authorized upon appeal, in specific cases such variances from the terms of this Zoning Ordinance as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of ordinance will, in an individual case, result in unnecessary hardship, so that the spirit of the ordinance shall be observed, public safety and welfare secured, and substantial justice done. Such variance may be granted in such individual case of unnecessary hardship upon finding by the zoning administrator and/or the Planning Commission that:

1.

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

2.

The application of the zoning ordinance to this particular piece of property would create unnecessary hardship;

3.

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

4.

Such conditions are not a result of any action of the property owner;

5.

Relief, if granted, would not cause a substantial detriment to the public good or impair the purposes and intent of this Zoning Ordinance.

17.20-2

Conditions and Limitations. The Planning Commission shall include any condition, requirement, or limitation which may be necessary to protect adjacent properties and carry out the provisions of this Ordinance. If at any time after a variance has been issued, the Zoning Administrator or Building Official finds that the conditions imposed and the agreements made have not been or are not being fulfilled by the holder of a variance, the variance shall be terminated.

17.20-3 Procedure

Applications for variance shall be filed with the Office of the Zoning Administrator, and the Planning Commission shall have thirty (30) days within which to consider each request. A due process hearing is required by the Planning Commission.

Each application shall be accompanied by a simple sketch of the site, showing the following:

a.

General Location of existing structures and property lines.

b.

Present Zoning of adjacent property.

c.

Existing use of adjacent property.

d.

Location of proposed buildings and land use.

e.

A legal description of the property.

f.

Setback distances

g.

Parking spaces if applicable

17.20-4

Procedures for Due Process Hearing. Procedures for hearing before the Planning Commission shall be:

1.

The hearing shall be chaired by the Chairman of the Planning Commission.

2.

Evidence shall be produced by the applicant why the variance is necessary.

3.

The Building Inspector/Zoning Administrator may be called upon to testify to the rules and regulations in the zoning ordinance.

4.

The applicant and the planning commission has the right to question witnesses.

5.

The final decision to grant an applicant a variance shall be made by the Planning Commission. Any appeals of the variance decision shall be taken to the proper courts.

17.20-5

Fee. Each application for a variance shall be assessed a fee according to fee schedule posted at the office of Building and Zoning to defray administrative and notification costs.

17.21-1

Any person, firm, or corporation violating a provision of this Ordinance shall be guilty of a misdemeanor, and upon conviction, shall be punished for each violation, according to the laws of the State of Georgia. Each day such a violation continues shall be deemed separate offense.

17.21-2

In case any building is erected, constructed, reconstructed, altered, repaired, converted, or maintained, or any building, lot, or acreage is used in violation of this Ordinance, the City Council, Zoning Administrator, or any other appropriate authority, or any person who would be damaged by such violation, in addition to other remedies, may institute injunction, mandamus, or other appropriate action in proceeding to prevent said violation in the case of each such building or use.

This Article of the City of Grantville Zoning Ordinance, as from time to time amended, is intended to set forth and constitute the policies, procedures and standards required under O.C.G.A. §36-66-5, and copies of same shall be available to the public upon request.