The provisions of this chapter shall be administered and enforced by the building official of the city, hereinafter referred to as the building official. His duties shall include inspecting premises and issuing building permits and certificates of occupancy for uses and buildings that meet the requirements of this chapter.

(Code 1981, § 8-5-121)

Building permits shall be issued in accordance with the following provisions:

(1)

Building permit required. It shall be unlawful to commence the excavation or filling of any lot for any construction of any building, or to commence the moving or alteration of any building, or to commence the development of land for a use not requiring a building, until the building official has issued a building permit for that work.

(2)

Issuance of building permit. In applying to the building official for a building permit, the applicant shall submit two copies of a dimensional sketch, or to-scale plan, signed by the owner or his authorized agent, indicating the shape, size and location of the lot to be built upon and the shape, size, height, use and location of the building to be erected, demolished, altered or moved, and of any buildings already on the lot, the number of dwelling units the building is designed to accommodate, if any, the setback lines of buildings on adjoining lots, the number and location of off-street parking spaces and off-street loading spaces, the location of storm drainage pipes, and such other information concerning the lot or adjoining lots as may be essential for determining whether the provisions of this chapter are being observed. If the proposed excavation, filling, construction or movement set forth in the sketch or plan are in conformity with the provisions of this chapter and other ordinances of the city then in force, the building official shall sign and return one copy of the sketch or plan to the applicant and shall issue a building permit upon payment of any required fees. The building official shall retain one copy of the building permit and one copy of the sketch or plan.

(3)

Refusal of building permit. If the sketch or plan submitted described work which does not conform to the requirements of this chapter, the building official shall not issue a building permit, but shall return one copy of the sketch or plan to the applicant along with a signed refusal in writing. This refusal shall state the reasons therefor and shall cite the portions of this chapter with which the submitted sketch or plan does not comply. The building official shall retain one copy of the sketch or plan and two copies of the refusal.

(4)

Time limitations. Any building permit issued shall become invalid unless the work authorized by it shall have been within six months of its date of issue, or if the work authorized by it is suspended or abandoned for a period of one year.

(Code 1981, § 8-5-222)

Certificates of occupancy shall be issued in accordance with the following provisions:

(1)

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

a.

A building hereafter required;

b.

A building hereafter altered or relocated on or off the original site; and

c.

A change of type of occupancy or use of any building or land.

(2)

Issuance of certificate.

a.

Upon payment of any required fees, the building official shall sign and issue a certificate of occupancy if the proposed use of land or a building, as stated on the certificate of occupancy and signed thereto by the owner or his appointed agent, is found to conform to the applicable provisions of this chapter, and if the building, as finally constructed, complies with the sketch or plan submitted for the building permit, one copy of all certificates of occupancy issued, which contain a statement of the intended use of the applicable property, signed by the owner or his agent, shall be kept on file in the office of the building official.

b.

Copies shall be furnished on request to any person having a proprietary or tenancy interest in the building or land involved, at that person's expense.

(3)

Denial of certificate. A certificate of occupancy shall not be issued unless the proposed use of a building or land conforms to the applicable provisions of this chapter, or unless the building, as finally constructed, complies with the sketch or plan upon which the building permit was issued.

(Code 1981, § 8-5-223)

It shall be the duty of the building official to keep a record of all building permits and certificates of occupancy issued, with a notation of all special conditions involved. The building official shall file and safely keep copies of all sketches and plans submitted, and the same shall form a part of the records of the building official and shall be available for the use of the mayor and council, board of appeals, planning commission and officials of the city.

(Code 1981, § 8-5-224)

(a)

It is the intent of this chapter that all questions arising in connection with the enforcement of the interpretation of this chapter (except as otherwise expressly provided in this chapter) shall be first presented to the building official and that these questions shall be presented to the board of appeals only on appeal from the building official and that from the decisions of the board of appeals, recourse shall be taken only to the courts as provided by law.

(b)

It is further the intent of this chapter that the duties of the mayor and council in connection with this chapter shall not include hearing and passing on disputed questions which might arise in connection with the enforcement or interpretation of this chapter, but the procedures for determining those questions shall be as stated in this chapter, and that the duties of the mayor and council in connection with this chapter except as otherwise specifically provided in section 8-5-26 [article 21 of this chapter] shall be only the duty of voting upon any proposed amendment or repeal of this chapter, as provided by law and after receiving from the planning commission, its recommendation regarding the proposed amendment.

(Code 1981, § 8-5-225)

Any person violating any provisions of this chapter shall be guilty of a misdemeanor and, upon conviction, shall be punished for each offense according to law. Each day any violation continues shall be deemed a separate offense.

(Code 1981, § 8-5-226)

In case any building is erected, constructed, reconstructed, altered, repaired, converted or maintained, or any building or land is used in violation of this chapter, the building official, or any appropriate authority of the city, or any person who would be damaged by that violation, in addition to other remedies, may institute injunction, mandamus or other appropriate action in proceeding to prevent the violation in the case of each such building or use of land.

(Code 1981, § 8-5-227)

(a)

Upon approval by the city of a zoning amendment petition initiated by a person or agency, other than the mayor and council, planning commission, department or agency of the city, the person or agency which initiated such petition shall secure a building permit for development in accordance with such approved amendment within 12 months of the approval and shall initiate substantial development within 15 months of the approval, or the approved amendment shall lapse and the property shall automatically revert back to the previous zoning classification.

(b)

Similarly, a site plan approval by the planning commission and/or the approval of an appeal, special exception or variance by the board of appeals shall lapse unless the applicant for such approval secures a building permit for development in accordance with the approval within 12 months and initiates substantial development within 15 months of the approval.

(Code 1981, § 8-5-228; Ord. No. 89-3, § 5, 3-7-1989)

(a)

The following procedure shall be utilized to determine the percentage of new or reproduction goods as defined in sections 93-1-2 of this article. An official or officials shall be designated by the mayor and council of the city to monitor compliance with this article. Said officials shall cause to be produced a form or forms which shall be made available to shop owners, employees, and/or managers. These forms shall serve as a reporting mechanism for the shop. The party who completes the form shall be fully authorized to complete the form and shall be liable and responsible for the contents thereof. The form shall, on a quarterly basis, report the percentage of new and reproduction goods in the inventory of the shop. The form shall be signed under oath or affirmation and in compliance with O.C.G.A. § 16-10-20. False swearing or representations shall be prosecuted and punishable as a felony under O.C.G.A. § 16-10-20. The forms shall be submitted to the officials designated for their keeping and inspection by the mayor and council of the city. Periodic inspections and confirmation of the age of items by certified antique experts may be utilized.

(b)

Throughout this article all determinations of the: age of antiques or other merchandise and the percentage of types of merchandise sold shall be submitted and sworn to on reports prepared for such purposes by the official(s) designated to perform such tasks by the mayor and council of the city. The reports shall be filed on a quarterly basis and shall be under oath or affirmation and in compliance with O.C.G.A. § 16-10-20. False swearing or representations punishable as a felony under O.C.G.A. § 16-10-20. The forms shall be submitted to the official(s) designated for their keeping and inspection by the mayor and council of the city. Periodic inspections and confirmation of the age of items by certified antique experts may be utilized.

(Code 1981, § 8-5-229; Ord. No. 99-12, § 5, 9-7-1999)

(a)

Special exceptions and special property use permits shall be decided by the mayor and council.

(b)

The planning commission shall review and make nonbinding recommendations to the mayor and council on special exceptions and special property use permits.

(c)

Special exceptions may be sought for:

(1)

Reduction of the number and size of parking spaces and off-street loading space requirements;

(2)

Location of off-street parking space and off-street loading spaces; and

(3)

Location and number of drive-throughs.

(d)

When acting upon an application for a special exception, in addition to the requirements listed under the above references, the planning commission and the mayor and council shall give consideration to the following factors where applicable:

(1)

The proposed design and location of the particular development;

(2)

The possible traffic generating characteristics of the proposed development;

(3)

The effects the proposed development will have on the present or intended character of the area in which it proposes to locate;

(4)

The availability of public utilities, facilities and services; and

(5)

The character, and effect of the parking demands of the proposed development.

(e)

After considering the above-listed factors and after reviewing the planning commission recommendation, the mayor and council shall take any actions or establish any reasonable conditions of approval, such as planted buffers, as will accomplish the intent and purpose of this chapter.

(Ord. No. 2003-07, § 2(8-5-249), 3-4-2003)