(a)

General.

(1)

A meeting of the planning commission shall be held at such time as called upon at least 24 hours' notice by the chairperson, or in his absence by the vice-chairperson, as necessary to consider any petition to request a change in zoning, any petition for a conditional use permit, or as otherwise necessary to conduct the work of the commission. The meeting shall be at the public safety building of the city or in any other designated place, provided the location is specified in all notices required by law. Business may be conducted provided there is a quorum of the commission present. A quorum shall consist of any three of the five members, and the affirmative vote of at least a majority of the quorum shall be required to effect any action by the commission.

(2)

In the event there is not a quorum of the commission present at a public hearing to consider a petition to request a change in zoning, minutes of the hearing shall be prepared and distributed to the commission members prior to the meeting of the planning commission at which action on the request shall be taken. In the event the commission should fail to meet, or fail to have a quorum such that action could be taken, within 30 days of such hearing, the minutes of such hearing shall be presented to the next succeeding meeting of the city council.

(b)

Procedures for planning commission meeting. All planning commission meetings shall generally be conducted in accordance with the following proposed procedures whenever a rezoning request is under consideration:

(1)

The application will be called by the chair of the planning commission.

(2)

The community development director will present the background for the request.

(3)

The applicant will be asked to make their presentation. (They should be told that they will have an opportunity to rebut comments in opposition to their application from others present.)

(4)

Commission members will question the applicant on the request.

(5)

Comments in support of the change will be invited from the public.

(6)

Comments in opposition to the change will be invited from the public.

(7)

The applicant will be allowed to rebut negative comments. Recommendations (if any) from the community development director will be read or presented.

(8)

All public comments having been heard, that portion of the hearing will be closed, and the commission members will discuss the request among themselves.

(9)

Upon a motion and second by members, the commission will recommend action to be taken on the request.

(Code 2004, § 152.218; Ord. No. 381, 4-10-2006; Am. Ord. No. 480, 2-23-2015; Ord. No. 2226, 11-28-2022)

The planning commission shall make a recommendation to the governing authority within 30 days of the public hearing or the request shall be deemed to have been recommended for approval.

(Code 2004, § 152.220; Ord. No. 381, 4-10-2006)

The presiding officer of all meetings of the planning commission shall be the chairperson of the commission, and in his absence, the vice-chairperson shall preside.

(Code 2004, § 152.221; Ord. No. 381, 4-10-2006)

Meetings of the commission shall be open to the public, but executive sessions may be held upon order of the chairperson or of the commission acting as a body.

(Code 2004, § 152.222; Ord. No. 381, 4-10-2006)

It shall be the duty of the duly appointed community development director to administer and interpret this article. To this end, the community development director is authorized to prepare administrative procedures, guidelines, application forms, to tend to other administrative details not inconsistent with the provisions of this article, and to implement the provisions of this article. The community development director may delegate administrative functions, powers and duties assigned by this article to other staff as may be appropriate, without the need to reflect such delegation by formal action. From time to time, it may be beneficial to the city to allow certain minor zoning modifications to regulations to be conducted by the community development director.

(Code 2004, § 152.256; Ord. No. 381, 4-10-2006; Ord. No. 1804, § 152.256, 3-26-2018)

Any person who alleges that there has been an error by the community development director in administration or interpretation of this article or in his decision in regards to a minor zoning modification shall have the right to appeal the decision of the community development director to the board of appeals, as more specifically provided in sections 108-377 and 108-378.

(Code 2004, § 152.257; Ord. No. 381, 4-10-2006; Ord. No. 1804, § 152.256, 3-26-2018)

The procedure for granting minor modifications by the community development director shall be the same as the procedure for the granting of variances by the planning commission, except that no notice of a public hearing shall be required for the granting of such minor modification. In the event that there is any dissatisfaction with the community development director's decision, the applicant may appeal using the procedures outlined in sections 108-377 and 108-378.

(1)

Minor modification requirements.

a.

No minor modification may be issued if it is not consistent with the following: that there is no change in the approved land use, including the amount and general location thereof, no increase in the number of dwelling units or amount of non-residential floor area, or any associated characteristics of any use.

b.

Driveways and/or streets do not significantly alter the general distribution of traffic or modify the public or private rights therein.

c.

There is no change to any condition set forth by the city council in the ordinance which approved the zoning request, such as in a PUD.

(2)

Application and processing. An applicant seeking a minor modification shall submit the appropriate application to the community development director or his designee. Once the application for a minor modification is reviewed, and the community development director or his designee determines that it is appropriate the application may be acted upon:

a.

Approve the application as submitted;

b.

Approve the application with modifications and/or conditions;

c.

Deny the application and provide the applicant with a written explanation for the denial; or

d.

Extend the processing period up to 90 days in order to conduct a public hearing if the community development director or his designee determines that new findings warrant public input prior to consideration of the application; provided, however, that if an applicant substantially amends an application after acceptance by the community development director or his designee, the director shall have up to 45 days from the date of such amendment to act on the application as provided in this section.

(Ord. No. 1804, § 152.256, 3-26-2018)

Unless specifically exempted or otherwise provided by this article, no building, sign, or other structure shall be erected, moved, added to, or structurally altered without a land use permit issued by the community development director. It shall be unlawful to use or occupy or permit the use or occupancy of any building, structure, land, water, or premises, without a land use permit for such use or occupancy. Unless specifically exempted or otherwise provided by this article, no land use activity including land disturbance shall be initiated without a land use permit, and except in conformity with said land use permit. It shall be unlawful to erect, move, add to, structurally alter any building or structure, use or occupy or permit the use of any occupancy of any building, structure, land, water, or premises, or initiate any land use activity that is in violation of an approved land use permit.

(Code 2004, § 152.258; Ord. No. 381, 4-10-2006)

It shall be the duty of the community development director to enforce this article and to bring to the attention of the city manager any violations or lack of compliance therewith. The community development director may delegate enforcement functions, powers, and duties assigned by this article to other staff as may be appropriate, without the need to reflect such delegation by formal action.

(Code 2004, § 152.259; Ord. No. 381, 4-10-2006)

The community development director is hereby authorized and directed to deny and withhold permits or permissions on any new project or application pursuant to this article or other ordinances of the city where the applicant, applicant's business, or agent has failed or refused to comply with this article.

(Code 2004, § 152.260; Ord. No. 381, 4-10-2006)

The community development director is hereby authorized to issue written stop-work and cease and desist orders for any activity that fails to comply with the provisions of this article. Such stop-work or cease and desist orders may be lifted at such time as the community development director is satisfied that a good faith effort is being made to comply with applicable provisions of this article. Nothing shall prevent the community development director from reissuing stop-work and cease and desist orders where warranted.

(Code 2004, § 152.261; Ord. No. 381, 4-10-2006)

If any land is used, or building, structure, or other activity is established or maintained in violation of this article, the community development director is authorized to and may institute, in addition to other remedies, an injunction or undertake other appropriate action to cause the violation to cease or to be corrected.

(Code 2004, § 152.262; Ord. No. 381, 4-10-2006)

Whenever a violation of this article occurs or is alleged to have occurred, any person may file a written complaint. Such complaint shall state clearly and fully the causes and bases of the complaint and shall be filed with the community development director. The community development director shall record properly such complaint, investigate, and take action thereon as may be appropriate to enforce this article.

(Code 2004, § 152.263; Ord. No. 381, 4-10-2006)

(a)

The PUD, MUD and conservation zoning approval referred herein as PUD, and the approval of any associated preliminary plat or other land division approval, shall be valid for four years from the day it is approved by the city council. Construction on any and all phases of a PUD must be complete for final PUD approval within four years of the preliminary PUD approval; provided, that there may be a two-year extension as provided herein. Failure to comply with these provisions could result in a revocation of the PUD zoning and designation.

(b)

A PUD and any associated preliminary plat or other land division, pursuant to this section, may be extended for a maximum of two years after the initial four year time limit; provided, that:

(1)

A written request for extension (application) has been received at least 60 days prior to the date of expiration; and

(2)

The applicant demonstrates that extraordinary and unforeseen circumstances have precluded compliance with the four-year time limit and that the extension would result in a successful completion of the project. The extension application fee, as established by the mayor and council and provided in the city fee schedule, and may be levied against dwelling units or lots depending on the project,

(3)

The determination shall be made by the planning commission upon recommendation from the community development director. Such determination shall me made within 60 days of receiving the application.

(4)

If the planning commission determines that the extension should not be granted, the applicant shall have the ability to appeal the decision to the city council. If the extension is granted no further action from the council is required.

(Ord. No. 1807, 5-24-2018)

(a)

If the applicant does not begin and substantially complete the planned unit development, or any phase of the planned unit development, within the initial four years imposed in section 108-321, the community development director shall review the planned unit development and shall schedule a public hearing before the planning commission.

(1)

The approved planned unit development zone and any land development designations such as plats, building permits or approved construction plans shall be revoked.

(2)

Upon revocation, the land within the planned unit development shall revert back to the previous zoning prior to the PUD approval.

(3)

There shall be a one-year moratorium after revocation before a new rezoning application will be accepted by the city from the existing owner. A new owner shall have the right to petition anytime within the year.

(b)

The recommendation of the planning commission shall be presented at the next regular meeting of the city council. The city council shall make the final determination upon whether to grant an extension or approve the revocation.

(1)

If the extension is granted by the city council the developer shall have two years from the date of the council meeting to substantially complete the project.

(2)

If the council accepts the recommendation of revocation from the planning commission it shall go into effect immediately.

(Ord. No. 1807, 5-24-2018)

It is the intent of this division to mandate the procedures for rezoning and generally amending this division.

(Code 2004, § 152.215; Ord. No. 381, 4-10-2006)

The community development director shall administer this division.

(Code 2004, § 152.216; Ord. No. 381, 4-10-2006)

(a)

Any person desiring to submit a petition requesting a change in zoning shall file such petition, with a plat of the property attached thereto, together with payment of the applicable fee to cover administrative and advertising costs, with the community development director.

(b)

All petitions for rezoning shall include the following information:

(1)

A legal description of the property including the address;

(2)

A description of the existing use of the structure or property;

(3)

A description of the proposed use of the structure or property to ensure the petitioner is requesting the proper zoning classification; and

(4)

The petitioner must disclose any campaign contributions over $250.00 which have been made to any elected official who will consider the rezoning request. The disclosure must be made within ten days after the filing of the rezoning application.

(c)

Upon the filing of a petition for a change in zoning, the applicant shall within seven days, at his expense, cause to be erected in a conspicuous place on the property in question, a sign provided by the community development director.

(d)

At least 15 days but not more than 45 days before such public hearing, the community development director shall advertise the date, time, place and purpose of such hearing in a newspaper of general circulation of the city. In no event shall a hearing be held less than 15 days after notice is posted on the property in accordance with this division.

(e)

The public hearing shall be held by the planning commission.

(Code 2004, § 152.217; Ord. No. 381, 4-10-2006)

In the city, the following factors are considered when applying the balancing test which is required to arrive at a rezoning decision. Those factors are as follows:

(1)

Existing uses and zoning of nearby property. Would the requested zoning permit land uses of a similar nature to those uses of similarly situated nearby land?

(2)

Extent to which property value is diminished by present zoning. How much more would the property be worth if the rezoning request were approved?

(3)

Extent to which destruction of the property value of the petitioner promotes the health, safety, morality, or general public welfare. How would approval of the request adversely impact the public interest? There may be many valid considerations here depending upon the nature of the request. Among them are:

a.

Traffic. Potential increase in congestion resulting from approval of the request;

b.

Diminution of value. Immediate diminution of gradual diminution resulting from deterioration of a neighborhood over a period of time;

c.

Environmental impact. Potential for generation of noise, air pollution, or deterioration of unique or sensitive environmental conditions.

(4)

Zoning of the property when purchased. Is the request a result of speculative purchase of the property?

(5)

The suitability of the subject property for the current zoning. Are natural environmental features conducive to the type of development permitted by the present zoning? Are the utilities present for development of the site? Would the topography or other natural environmental characteristics of the site be conducive to development under the present zoning?

(6)

Length of time the property has been vacant as zoned. Considered in the context of land development in the area in the vicinity of the property.

(7)

Conformity. The extent to which rezoning request conforms with the city comprehensive plan.

(8)

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

(9)

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

(10)

Boundaries. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change.

(11)

Changing conditions. Whether changed or changing conditions make the passage of the proposed amendment necessary.

(12)

Drainage. Whether the proposed change will create a drainage problem.

(13)

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

(14)

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

(15)

Adjacent property. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations.

(16)

Privilege. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasted with the public welfare.

(17)

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

(18)

Neighborhood. Whether the change suggested is out of scale with the needs of the neighborhood or would adversely affect living conditions in the neighborhood.

(19)

State waters. Have state waters been documented as being on the site? Have state waters been designated by the community development director for the purpose of facilitating stormwater and erosion control? Would the topography or other natural environmental characteristics of the site be a possible factor in future storm water and erosion control? The United States Department of Agriculture Web Soil Survey or equivalent shall be utilized in conducting this analysis.

(20)

Land clearing analysis. Would the project result in wholesale removal of trees, shrubbery, and other ground cover? Has a forestry management plan been developed for the property to include harvesting and replanting? Are land disturbance activities expected to take place during traditionally rainy periods of the year? Would existing soil types and topography require special land clearance actions? Have all buffers been proposed that would protect environmental features and also adjacent property owners from adverse impacts?

(21)

General. 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.

(Code 2004, § 152.219; Ord. No. 381, 4-10-2006; Ord. No. 2128, 12-27-2021)

Whenever a petition for change of zoning has been denied, no further petition for change of zoning for the same property shall be heard for a period of one year from the date of the city council decision.

(Code 2004, § 152.223; Ord. No. 381, 4-10-2006; Ord. No. 2008, 10-26-2020; Ord. No. 2212, 6-27-2022)

Any petitioner shall have the right to voluntarily withdraw a petition for change of zoning by 12:00 noon on the date preceding the hearing date without commission approval for resubmission. Any petition withdrawn after this time for any reason must have the consent of the commission by proper resolution before resubmission and advertisement.

(Code 2004, § 152.224; Ord. No. 381, 4-10-2006)

The commission at its discretion may allow a petitioner to withdraw a petition without prejudice at the public hearing when unusual circumstances warrant such actions. When this is done no further approval by the commission is required prior to resubmittal.

(Code 2004, § 152.225; Ord. No. 381, 4-10-2006; Ord. No. 2114, 5-24-2021)

Editor's note— Ord. No. 2114, adopted May 24, 2021, corrected a typographical error and in doing so changed the title of § 108-356 from "Withdrawal with prejudice" to "Withdrawal without prejudice," as set out herein.

Following the recommendation of the planning commission, the city council shall act and either accept, reject or modify the recommendation. Prior to acting, the city council shall do the following:

(1)

Certify that all public notice requirements have been met.

(2)

The city council may consider, in addition to the recommendation of the planning commission, those factors listed in section 108-353, together with any additional information deemed necessary.

(3)

The council shall consider all written evidence, audio evidence, and audio recordings submitted to the council that is generated during the public hearing and deliberations of the planning commission.

(Code 2004, § 152.226; Ord. No. 381, 4-10-2006; Ord. No. 2123, 12-27-2021)

(a)

City council. The city council may from time to time by ordinance amend, supplement, change, modify or repeal the regulations herein or subsequently established.

(b)

Initiation of amendment. Amendments may be proposed by the city council, the planning and zoning commission or by a person owning or having an interest in property in the city. A person owning or having an interest in property in the city, after filing an application with the planning and zoning commission, shall appear before the commission at a public hearing to present their proposal. If the council initiates an amendment, its proposal shall be transmitted to the planning and zoning commission for the commission's report and recommendation. If the planning and zoning commission initiates an amendment, the planning and zoning department shall, after sufficient time to compile data, present their report and recommendation to the commission.

(c)

Application for amendment. Any person owning or having an interest in property or the planning and zoning commission may file an application for a text amendment with the planning commission upon such forms as the commission may specify by rule. The application for amendment shall contain the information listed in section 108-352 and the procedure for a text amendment shall follow the regulations listed in section 108-352.

(Code 2004, § 152.227; Ord. No. 381, 4-10-2006; Am. Ord. No. 471, 9-22-2014)

(a)

City council. The city council may from time to time by ordinance amend, supplement, change, modify or repeal the official zoning map.

(b)

Initiation of amendment. Amendments may be proposed by the council, the planning and zoning commission or by a person owning or having an interest in property in the city. If the council initiates an amendment, its proposal shall be transmitted to the planning and zoning commission for the commission's report and recommendation.

(c)

Application for amendment. Any person owning or having an interest in property or the planning and zoning commission may file an application for a map amendment with the planning commission upon such forms as the commission may specify by rule. The application for amendment shall contain the information listed in section 108-352 and the procedure for a map amendment shall follow the regulations listed in section 108-352.

(d)

Effective July 1, 2022, the official zoning map of the city shall be the digital zoning map which has been developed by the City of Harlem Community Development department in conjunction with the Columbia County Geographic Information Systems Department, which shall be maintained in a digital format, a large size format suitable for wall mounting and a binder-type book format where pages may be substituted.

(Code 2004, § 152.228; Ord. No. 381, 4-10-2006; Ord. No. 2206, 4-25-2022)

(a)

Variance applications. A property owner or their authorized agent may initiate a request for a variance by filing an application with the community development director. The application shall be accompanied by a site plan, drawn to scale, showing the dimensions and arrangement of the proposed development. The community development director may require other drawings or materials essential to an understanding of the proposed use and variance requested and its relationship to the surrounding properties. A fee, as established by the city council, shall accompany the variance application.

(b)

Conditions and criteria for granting a variance. The planning and zoning commission, in cases where specifically authorized, may make a recommendation to the council to grant a variance only after consideration and adoption of findings of fact that all of the following conditions exist and criteria are met.

(1)

There are unusual, exceptional or extraordinary circumstances or conditions applying to the property that do not apply generally to other property in the same vicinity or use district, and such conditions are not the result of the owner or occupant's own actions. The conditions may include topography, unique natural conditions, surroundings of the subject property, or the size or peculiar shape of the lot.

(2)

As a result of such unusual circumstance or conditions, there is an unnecessary hardship or practical difficulty that renders it difficult to carry out the provisions of this division.

(3)

The authorization of such variance will not be materially detrimental to the public welfare or injurious to property in the vicinity or district in which the property is located, and the variance will be in harmony with the general purposes and intent of the provisions of this division.

(4)

The variance approved is the minimum variance that will make possible the legal use of the land, building or structure.

(5)

The variance does not permit a use of land, building or structure which is not permitted by right in the land use intensity district in which the proposed development is located.

(6)

After review of any distance-based variance request of less than 15 percent of the established distance standard, the community development director shall be authorized to consider the above five standards and subsequently administratively approve the application. Any such administrative approvals shall be reported to the planning commission at its next regularly scheduled meeting.

(c)

Staff investigation and report. The community development director shall make an investigation of all variance applications and shall prepare a report thereon, considering applicable criteria specified herein. The investigation shall be submitted to the planning and zoning commission. The investigation shall also be made available to the applicant prior to the public hearing scheduled on the matter. A copy of the investigation will be included with the recommendation to the city council on the requested variance.

(d)

Notice and hearing. Upon the filing of any complete application for a variance with the community development director, a public hearing shall be scheduled and held on the proposed variance in accordance with section 108-352.

(e)

Action on variances. The planning and zoning commission shall make findings and render a recommendation in writing within 30 days after the initial public hearing on the proposed variance. The recommendation shall be forwarded to the city council at its next regular meeting for final decision. The city shall notify the applicant, in writing, of its decision within five days after the city council has rendered its decision.

(Code 2004, § 152.235; Ord. No. 381, 4-10-2006; Am. Ord. No. 433, 9-21-2009; Ord. No. 2126, 12-27-2021; Ord. No. 2306, 5-22-2023)

(a)

Any person who alleges there is an error in, or who is aggrieved by a decision of the community development director in the administration, enforcement, and/or interpretation of this division, may file a written notice of appeal within 15 days with the Harlem City Clerk stating the grounds for such appeal.

(b)

The planning commission is hereby authorized to hear and decide said appeal.

(c)

An appeal of a ruling of the community development director shall be heard at the next regularly scheduled meeting of the planning commission.

(d)

After finding a proper appeal application has been received, the commission shall conduct a hearing to determine the facts of the appeal and shall adopt relevant findings of fact.

(e)

The commission may affirm, overrule or modify, in whole or in part, the rulings of the community development director.

(f)

In cases where an appeal is granted, in whole or in part, the commission shall have all necessary powers of the community development director and may issue building permits and land use permits or direct the issuance of building permits and land use permits not otherwise inconsistent with this division and any other code, resolution, or ordinance adopted by the city council.

(g)

The decision of the planning commission may be appealed to the Harlem City Council by filing a written notice of appeal, in letter form, within 15 days with the Harlem City Clerk stating the grounds for such appeal. Said appeal shall be heard by the Harlem City Council at the next available regular meeting.

(Code 2004, § 152.236; Ord. No. 381, 4-10-2006; Ord. No. 2126, 12-27-2021; Ord. No. 2306, 5-22-2023)

Under some unusual circumstances a use which more intensely affects an area than those uses permitted in the zoning district in which it is located may nevertheless be desirable and also compatible with permitted uses within the zoning district if that use is properly controlled and regulated. The planning commission shall recommend to the Harlem City Council such a use to exist as a conditional use where these unusual circumstances exist and where the conditional use will be consistent with the general purpose and intent of this division.

(Code 2004, § 152.245; Ord. No. 381, 4-10-2006; Ord. No. 2127, 12-27-2021)

(a)

Application to be made. Written application for a conditional use permit shall be made to the planning commission and filed with the community development director who shall transmit the application to the planning commission. The application shall be signed by the owner of the property affected and shall state the information provided is accurate and truthful.

(b)

Application fee. The applicant shall pay a fee to cover advertising, review, publishing and reporting the proceedings of the planning commission.

(c)

Contents of application. The application shall include:

(1)

The name, address and telephone number of the owner of the property;

(2)

An accurate legal description of the property;

(3)

The existing use, proposed conditional use and the zoning district in which the property is located;

(4)

A statement of the relationship and general compatibility of the proposed use to adjacent land use in terms of traffic, parking and noise and other nuisances;

(5)

A list of all owners of property, including their mailing addresses, which is contiguous to or directly across the street from the property;

(6)

Three copies of a plot plan showing:

a.

Boundaries and dimensions of the property and the size and location of all proposed or existing structures.

b.

Traffic access, traffic circulation, existing and proposed utility easements, parking, location of trees and shrubs, signs, refuse and service areas.

c.

Any additional information required by the secretary of the planning commission to establish the advisability of granting the conditional use permit.

(Code 2004, § 152.246; Ord. No. 381, 4-10-2006)

The following criteria shall be considered for each application for a conditional use permit:

(1)

Whether the proposed conditional use is a listed conditional use in the appropriate article of this chapter for the zoning district in which the property is located.

(2)

Whether the development standards of the zoning district in which the property is located are being complied with.

(3)

Whether the proposed use will create an undue burden on public facilities and services such as streets, utilities, schools and refuse disposal.

(4)

Whether the proposed use will be detrimental to existing and future neighboring uses, and will involve a use, structure or condition of operation that constitutes a nuisance or hazard to any persons or property.

(Code 2004, § 152.247; Ord. No. 381, 4-10-2006)

(a)

Setting hearing. The community development director shall set a public hearing to review applications for a conditional use permit.

(b)

Notice of hearing and time for consideration. The community development director shall notify the public of the hearing in accordance with section 108-352.

(c)

Public hearing. The planning commission shall make a recommendation regarding the conditional use permit following the public hearing and after considering the criteria listed in section 108-402. Its recommendation shall be accompanied by written findings of fact and impose such conditions as are reasonably necessary to secure the purpose and objectives of this article.

(d)

Issuance of conditional use permit. Upon approval of the Harlem City Council, the community development director shall issue to the applicant a conditional use permit which includes any conditions imposed by the Harlem City Council, whereupon such permit shall become effective. A conditional use permit shall authorize only one particular conditional use and such permit shall automatically expire if, for any reason, the conditional use shall not begin within two years after the permit is issued or shall cease for more than six months after the permit is issued. A conditional use permit shall be personal to the applicant and shall not run with the land, and shall expire upon a transfer of ownership.

(e)

Violation of findings of fact. Whenever a previously approved conditional use is in violation of any of the findings of fact or other imposed conditions, pursuant to section 108-402, the community development director shall give notice in the same manner as service of summons in civil cases, or by certified mail addressed to the owner of record of the premises at his last-known address, or to the address to which tax bills are sent. The notice shall include reasons by which the community development director finds the conditional use to be in violation, and a statement that the owner shall have 30 days to comply with the granted conditional use permit.

(f)

Permit revocation. Upon failure of the owner to comply with the notice, community development director shall notify the planning commission that the conditional use is in violation and itemize the reasons for revocation of the conditional use permit. The planning commission shall make a recommendation to the Harlem City Council to continue or revoke the conditional use permit at its first regular meeting after the notice is received. The recommendation of the planning commission shall be transmitted to the Harlem City Council for action at its next regular meeting.

(Code 2004, § 152.248; Ord. No. 381, 4-10-2006; Ord. No. 2127, 12-27-2021)

(a)

The City Manager of the City of Harlem shall have authority, without additional board or agency action, to approve or issue any form or certificate necessary to perfect the petition described in O.C.G.A. tit. 5, Appeal and Error, for review of lower judicatory bodies and upon whom service of such petition may be affected or accepted on behalf of the lower judicatory board or agency, during normal business hours, at the regular offices of the local government.

(b)

The City Manager of the City of Harlem shall be the designee who shall have authority to accept service and upon whom service of an appeal of a quasi-judicial decision may be affected or accepted on behalf of the local governing authority, during normal business hours, at the regular offices of the City of Harlem.

(Ord. No. 2215, 8-22-2022)