This Ordinance shall be administered by the City Council of the City of Haralson, Georgia.

A.

Format. Applications to amend this Ordinance may be in the form of petitions to amend the text, or petitions to amend the Official Zoning Map(s). Applications for amendments may be initiated by an individual owning property in the City or his agentor by the City Council. Unless initiated by the City Council, all applications must be submitted by the owner or his agent and shall be accompanied by an appropriate fee established by the Council. Such authorization of property ownership shall be notarized and attached to the application.

B.

Reapplication. 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 Council. The 12-month interval shall not apply to applications initiated by the City Council, 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.

A.

Submission. Each application to amend this Ordinance or the Official Zoning Map(s) shall be filed with the City Clerk and shall be deemed submitted upon acceptance by the City Clerk and payment of the application fee, as applicable. Initiation of all amendments must be submitted by written request whether the request originates from the City Council, or an individual property owner. Applications shall be submitted in compliance with this article.

B.

Timeframe. Applications shall be submitted at least 45 days prior to the date on which it is to be considered by the City Council and in sufficient time so as to permit advance advertising and notice of any public hearing(s) pursuant to the terms of this section and the Zoning Procedures Act. The City Council shall have ninety (90) days from the date of submission to act on the petition.

C.

Text Amendment. 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.

D.

Map Amendment. 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.

A minimum of seven (7) 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 a registered architect, registered professional engineer, registered landscape architect, or planner with an AICP certification or land surveyor whose seal shall be affixed to the plat.

3.

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.

4.

A narrative indicating specifically how the property is to be used or development.

5.

The name and address of abutting property owners as indicated by City of Haralson or Coweta County Tax Records.

6.

Each zoning map amendment application, whether submitted by local government, or by a party other than local government shall include with it to be complete a 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.

7.

Other information as may be required by the Mayor and Council.

A.

Withdrawal. An application may be withdrawn by the applicant after the legal advertising as required by this Section shall have first appeared but the rezoning application fee shall be forfeited. An applicant may also withdraw an application before legal advertising and in writing to the City Clerk. If application is withdrawn before legal advertising is published a full refund of application fee shall be available to the applicant.

B.

Conditions. An applicant shall file site plans, renderings, construction specifications, written development restrictions, detail description of the proposed use, 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 City Council at least fourteen (14) 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 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.

C.

Amendments. Information submitted to the City by the applicant, either in written or verbal form, and accepted by the Council shall become an amendment to the application and shall be a condition to the rezoning as provided below. Such amendments and conditions may be evidenced by written representations submitted to the City by the applicant or as contained in the minutes of Council, both of which are incorporated into any rezoning ordinance granted on the application.

D.

Compliance. The petitioner's substantial compliance, within 12 months of the date of the ordinance of rezoning, with the plans for the project proposed in the development plan submitted with the initial applicant's application for Rezoning, and as thereafter amended by the applicant and accepted by the Council, is required. Substantial compliance means that the applicant must have initiated development of the project to the point that it is clearly in progress in accordance within the plan. The applicant's final representation of proposed use of the site, the final development plans presented to the Mayor and Council in support of the application (and accepted by the Mayor and Council as reflected in the Zoning Ordinance or the Council's minutes of the proceedings), and the implementation of any conditions imposed upon the proposed use and/or development plans, shall be conditions to the continued existence of any re-zoning granted by this Ordinance. If, within twelve (12) months of the reclassification granted by this Ordinance, the applicant fails to initiate development of the subject site in conformity with said uses and development plans, including any conditions imposed by the Council, the zoning granted in the ordinance of rezoning shall be automatically revoked, and the land's zoning classification shall revert to the zoning classification of the land prior to the rezoning. If an annexation was granted, the site will revert to the zoning classification most compatible with that of the surrounding area, as determined by the Council.

The city council, upon receiving an application for amendment, shall:

A.

Review each application to ensure compliance with application procedures specified in this Article.

B.

Evaluate each application in accordance with section 15.9 of this Ordinance.

C.

Conduct a site review of the property and surrounding area, as necessary (see section 15.10).

D.

In the event that the Planning Commission is not appointed by the City Council, or there are insufficient members of the Planning Commission to constitute a quorum, then all provisions of this Zoning Ordinance which require the review of an application or other action by the Planning Commission shall not be required, and the application or other action shall be directed to the City Council.

The City Council shall take the following actions.

A.

Hold a Public Hearing, as outlined in this Article, on each petition.

B.

Evaluate each application in accordance with section 15.9 of this Ordinance. 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 Council.

C.

So that the purpose of this Ordinance will be served, health, public safety, and general welfare secured, the 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 Council 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. No official action shall be taken until there is a majority vote of a quorum of the Council. The final decision by the Council shall be reduced to writing and mailed to the applicant.

D.

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

A.

Legal Notice. Due notice of the public hearing before the City Council shall be published in the newspaper of general circulation for the City in which is carried the legal advertisements of the County 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 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.

B.

Signs Posted. The applicant shall post, in accordance with the City Posting notice requirements, at least 15 days prior to the date of the hearing, in a conspicuous place on the property in question, a sign of not less than nine square feet, with not less than three inch black letters upon a white background, which shall read as follows:

NOTICE TO THE PUBLIC

A PETITION HAS BEEN FILED WITH THE CITY OF HARALSON THAT THIS PROPERTY BE CHANGED FROM ITS CURRENT (insert current district name) ZONING TO (insert requested district name) ZONING.

A PUBLIC HEARING WILL BE HELD AT (insert meeting location) ON (insert date) AT (insert time) P.M. ALL THOSE HAVING AN INTEREST IN THIS PETITION SHOULD BE PRESENT.

MAYOR AND CITY COUNCIL

C.

Letters. As to an application to amend the Official Zoning Map(s), the City Clerk shall send letters to abutting property owners at least fifteen (15) days and no more than forty-five (45) days in advance of the Public Hearing before the City Council. Letters shall include information as to the application and date, time, and place of the Public Hearing.

A.

For the purposes of these procedures, the term "zoning decision" shall mean the final legislative action by the City which results in:

1.

The adoption of a zoning ordinance;

2.

The adoption of an amendment to a zoning ordinance which changes the text of the zoning ordinance;

3.

The adoption of an amendment to a zoning ordinance which rezones property from one zoning classification to another;

4.

The adoption of an amendment to a zoning ordinance by the City which zones property to be annexed into the City; or

5.

The grant of a permit relating to a special use of property.

B.

On all petitions for a proposed zoning decision that are referred to the Council, the Council will hold a public hearing on such petitions at a regularly scheduled or properly called special meeting of the Council. All public hearings shall be held at the usual location that the Council holds meetings.

C.

If any person desires a stenographic record of the proceedings, such persons shall make arrangement for such by informing, at least seven days prior to the proceedings, the City Clerk, who shall arrange for a stenographer to record the proceedings. The costs of such shall be borne by the person or persons requesting stenographic recording. No stenographer not arranged for in accordance with these procedures shall be allowed to set up in the hearing room.

D.

The governing, calling, and conducting of hearings shall be accomplished in accordance with the following policies and procedures:

1.

The Mayor (or his designee) 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 may describe the authority and role of the Council in any zoning decision. The Mayor 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. The Council shall consider each application on an individual basis.

2.

For each application, the Mayor shall poll the Council, the applicant and persons speaking in support of/opposition to the proposed zoning decision as to conflicts of interest and any campaign contributions that may have been made to elected officials of the City within the two years immediately preceding the filing of the petition or application for the proposed zoning decision.

3.

When an application comes up for review, the Mayor may ask for a show of hands for those persons who appear in support of/opposition to the petition. In the event there is more than one person desiring to speak per side, speakers must divide their time or designate a spokesperson so that the entire presentation of the positions of those in support of/opposition to the petition shall not exceed twenty (20) minutes.

4.

For each proposed zoning decision, the proponents of the proposed zoning petition shall have a maximum of twenty (20) minutes collectively for the presentation of data, evidence, and opinion; unless the Mayor allows the proponents additional time for presentation. 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.

5.

For each proposed zoning decision, the opponents of the proposed zoning petition shall have a maximum of twenty (20) minutes collectively for the presentation of data, evidence, and opinion; unless the Mayor allows the opponents additional time for presentation.

6.

Applicants or proponents may use any unused portion of their twenty (20) minutes for rebuttal. No new issues shall be brought forth during the rebuttal by either the applicant or opponent.

7.

Any person addressing the Mayor and Council shall respond to questions by the Mayor and the Council. Remarks shall be addressed to the Mayor only and not to other members of the Council or audience. Any remark amounting to an attack on the character or personal integrity of another individual, comment not factually supportable, comment in the form of an emotional outburst, or comment not directed to the Mayor, shall be considered to be non-relevant to the purpose of the hearing and shall be ruled out of order.

8.

The Mayor 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 Council prior to the hearing and the same shall be considered by the Council along with comments and other relevant information of the hearing in making any zoning decision concerning the proposed zoning amendment.

9.

Recommendations from the City staff and any County Official that may have comments or recommendations, may be heard by the Council. Following the staff recommendations, Council members may ask of anyone present questions pertinent to the issue.

10.

After the above procedures have been completed, the Mayor will indicate that the public hearing is formally closed. No further public hearing on the proposed zoning amendment shall be required prior to the zoning decision.

E.

After the public hearing is closed, the Council may either vote upon the proposed change or may delay their vote to a subsequent meeting; provided, that notice of the time, date, and location when such zoning decision is to be made shall be announced at the meeting during which that public hearing is held.

F.

The City clerk shall make available to the public printed copies of these procedures.

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

•

The existing land uses and zoning classification of nearby property.

•

The possible creation of an isolated district unrelated to adjacent and nearby districts and not in conformance with the Future Land Use map.

•

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.

•

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

•

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

•

Whether the proposed change will create adverse environmental impacts, such as water, erosion and sediment disturbances.

•

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

•

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

•

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

•

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

•

The extent to which the proposed change is consistent with the Comprehensive Plan.

•

The relative gain to the public as compared to the hardship, if any, imposed on the property owner by the present zoning.

•

The suitability of the subject property for the zoned purposes.

•

The length of time the subject property has been vacant as zoned, considered in the context of land development in the vicinity of the property, and legitimate efforts to develop or sell the property as presently zoned.

•

The possible effects of the proposed zoning change and proposed use on the character of the zoning district, existing land use pattern, and architectural harmony of the subject area.

•

Any other factors relevant to balancing the interest in promoting the public health, safety, morality, or general welfare against the interests of a property owner in rezoning.

•

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.

A.

Any Council member or the Mayor, who knows or reasonably should know that he or she:

•

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

•

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; or

•

Has a spouse, parent, sibling or child with any interest as described above;

Shall disclose the nature and extent of such interest, in writing, to the Council as soon as he or she knows of its existence. Such an Official 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. Any written disclosures made pursuant to this section which result in the inability of the Council to obtain a quorum for the purpose of making a final decision when considering a rezoning action, the 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. § 36-67A-1 et seq., as amended.

B.

When any proponent or opponent of a rezoning action has made, within two years immediately preceding the filing of the rezoning action being considered, campaign contributions aggregating $250.00 or more to a local government official of the local government which will consider the application, it shall be the duty of the proponent or opponent to file a disclosure with the Council showing:

1.

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

2.

The dollar amounts and description of each campaign contribution made 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.

C.

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.

The provisions of this Ordinance shall be administered and enforced by the Council or the designated building inspector for the City of Haralson. His/her duties shall include inspecting premises, and issuing building permits and occupancy permits for uses and buildings that meet the requirements of this Ordinance and other Ordinances of the City of Haralson.

A.

No building or other structure shall be located, erected, moved, added to, or structurally altered, to include rewiring of any electrical system or alterations or additions in plumbing without a building permit issued by the Building Inspector. No building permit shall be issued except in conformity with the provisions of this Ordinance.

B.

It shall be unlawful to commence the excavation or filling of any lot for construction of any building until a building permit has been issued for such work.

C.

No permit shall be required for any non-structural repairs of any building which does not increase the floor area of such building.

D.

All applications for building permits shall be accompanied by plans or sketch 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 and a new building permit shall have to be issued.

A.

The Council or the building inspector, if designated, shall sign and issue an occupancy permit if the proposed use of a lot or building is found to conform to the applicable provisions of this ordinance, and if the building as finally constructed, complies with the plans submitted for the building permit. No Certificate of Occupancy shall be issued unless the lot or building or structure complies with all provisions of this Ordinance, and other applicable ordinances of the City and applicable state and county laws and regulations.

B.

A Certificate of Occupancy issued by the City Clerk after approval by the Council 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, altered or a change in the use of an existing building.

3.

Any existing non-conforming use at the time of the enactment of this Ordinance or an amendment thereto that is changed, extended, altered, or rebuilt thereafter. The Certificate of Occupancy shall state specifically wherein the non-conforming use fails to meet the provisions of this ordinance.

C.

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

The Council, or the building official, as designated by the Council, is hereby authorized and directed to enforce the provisions of this ordinance. Whenever a building official is not designated, "building official" shall mean Mayor and City Council.

A.

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 when granted access by the occupant to inspect the same or perform any duty imposed upon the building official by this ordinance.

B.

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, are otherwise dangerous to human life, 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. The repair and rehabilitation is the responsibility of the owner of the building or structure. If demolition is deemed necessary the owner is responsible for all costs. If the owner does not repair, rehabilitate or demolish the building or structure as deemed appropriate by the building official the owner shall be fined for violation of this Zoning Ordinance. Each day the repair, rehabilitation or demolition is not shown to be underway shall be considered a separate offense.

C.

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

D.

Revocation of Permits. The building official may revoke a permit or approval, issued under provisions of this ordinance, where there have been any false statements or misrepresentations as to the material facts in the application or plans on which the permit or approval was based. The building official may revoke a permit upon determination by said official the permit was issued in violation of, or not in conformity with the provisions of this ordinance.

A.

In order to maintain the health, safety, welfare, and morality of the citizens of the City, the 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.

B.

Conditions placed on property at the time of rezoning shall become a written part of the minutes of the 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 City Hall.

C.

Any condition or conditions imposed upon the petitioner by the Council in its ordinance, or as contained in its minutes, or as contained in written representations by the applicant, accepted by the Council, must be satisfied before the change in status will take permanent effect. Should the imposed condition(s) fail to be performed within the prescribed time period set forth by the City in either the City minutes or ordinance or in the application, if otherwise so stated, then within one year, the property at issue will automatically revert to the status or classification it occupied before the practitioner's application to re-zone was filed.

D.

Conditions include those contained in the minutes of the Council, which shall become a part of the ordinance when enacted and written representations submitted by the applicant to the City, and accepted by the Council, which shall become an amendment to the applicant's rezoning application and a part of the enacted ordinance.

E.

Appeals for relief of conditions placed on rezoned property may be heard by the City Council 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 before any conditions placed on property may be dissolved.

A.

The City Council shall review and the Council shall approve or deny special uses which are specifically authorized by this Ordinance.

B.

Conditions and Limitations. The City Council 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 Council may impose conditions, requirements or limitations it deems necessary. If at any time after a special use permit has been issued, the 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.

C.

Procedure. Application for a special use shall be filed with the Office of the City Clerk. Each application shall be accompanied by a professionally prepared, to scale, site plan, showing the following:

1.

General Location of existing structures and property lines.

2.

Present zoning of adjacent property.

3.

Existing use of adjacent property.

4.

Location of proposed buildings and land use.

5.

A legal description of the property.

6.

Setbacks.

7.

Parking spaces if applicable.

D.

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

1.

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

2.

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

3.

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.

4.

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

5.

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

6.

The use would not adversely affect the property values of surrounding properties.

7.

In addition, any proposed special use shall be governed by the same standards for an amendment to the zoning map as set forth in section 15.10.

E.

Conditional approval. The Council may impose such conditions as it deems necessary to insure compatibility of the proposed use with the neighboring area and with the policies of the City's zoning ordinance and land use plan and the standards of this article. Such conditions may include, at a minimum, any of the following:

1.

The existence of certain public facilities, utilities, or infrastructures.

2.

The existence of traffic control devices or modifications to streets and traffic patterns.

3.

Parking.

4.

Screening or buffering.

5.

Distance from other similar uses.

6.

Building or improvement setbacks.

7.

Minimum lot size.

8.

Hours of operation.

9.

Number and location of curb cuts or driveway entrances into public roads or into the subject tract.

10.

Type and placement of outdoor lighting.

11.

Type and placement of signs.

12.

Physical design and layout of property.

13.

Limitations on operation of use.

F.

Fee. Each application for a special use shall be assessed a fee according to fee schedule established by the Council.

A.

The City Council shall approve or deny variances. A variance will be authorized upon appeal, in specific cases, from the terms of this Zoning Ordinance where granting a variance 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 hardship upon finding by the Council 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 a 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.

B.

Conditions and Limitations. The City Council 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 Council may impose conditions, requirements or limitations it deems necessary. If at any time after a variance has been issued, the Council find 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.

C.

Procedure. Application for a variance shall be filed with the Office of the City Clerk. Each application shall be accompanied by a professionally prepared, and to scale, site plan, showing the following:

1.

General Location of existing structures and property lines.

2.

Present Zoning of adjacent property.

3.

Existing use of adjacent property.

4.

Location of proposed buildings and land use.

5.

A legal description of the property.

6.

Setback distances.

7.

Parking spaces if applicable.

D.

Fee. Each application for a variance shall be assessed a fee according to fee schedule established by the Council.

A.

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.

B.

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 Council, 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 Haralson Zoning Ordinance, as from time to time amended, is intended to set forth and constitute the policies, procedures and standards required under Chapter 66, Title 36 of the O.C.G.A. Official Code of Georgia Annotated (The Zoning Procedures Law), and shall be interpreted to be consistent with said Statute, as the same may be amended from time to time.