(a)

Any person violating a provision of this chapter shall be guilty of a misdemeanor, and upon conviction, shall be punished for each violation, according to the laws of the state. 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 chapter, the county commission, 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.

(Ord. No. 80-100, § 15.19, 1-12-1999)

This chapter shall be administered by the zoning administrator of the county, in cooperation with the planning commission, and the county commission.

(1)

Created. There is hereby created the office of zoning administrator of the county.

(2)

Duties and authority. The zoning administrator shall administer the provisions of this chapter, and shall:

a.

Serve as administrative secretary to the planning commission.

b.

Maintain public records concerning the administration of this chapter, including all maps, amendments, certificates of zoning compliance, special uses, variances, and records of public hearings.

c.

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 county commission.

d.

Undertake other relevant duties as may be delegated by the county commission chairperson.

(Ord. No. 80-100, § 15.1, 1-12-1999)

(a)

There is hereby created a county planning commission whose purpose is to carry out provisions of the county zoning chapter assigned to it and within applicable provisions of the laws of state. This zoning chapter, including the official zoning maps, may be amended by the county commission on its own motion, on a petition, or on recommendation of the planning commission, but no amendment shall become effective unless it shall have been proposed by or shall first have been submitted to the planning commission for review and recommendation.

(1)

Membership. Members of the planning commission shall be appointed by the county commission. The commission shall consist of six members who are citizens of or own property within the county and who shall be appointed for five year terms, beginning on January 5 through January 5 of each year, or until their successors shall be appointed. No member shall hold any elective public office within the county. Unexpired terms shall be filled by the commissioners. Members are removable for cause by the county commission upon written charges and after a public hearing.

(2)

Procedure. The planning commission shall elect a chairperson and vice-chairperson, (who shall be acting chairperson in the absence of the chairperson) on an annual basis.

(b)

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

(c)

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 and hearing and other official action; and shall carry out such other official duties as may be assigned by the commission.

(d)

Meetings of the planning commission will be held on dates and at times set by the planning commission. Notice must be provided to each member at least 48 hours prior to such meeting and that such other public notice as required by law is provided and abided by. The zoning administrator shall inform the members of the planning commission meetings.

(e)

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

(f)

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.

(g)

No member of the planning commission shall hear or vote upon an appeal in which he is directly or indirectly interested in a personal or financial way.

(h)

The order of business at the meeting 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.

(i)

Failure to attend three 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 chairperson or secretary (zoning administrator) shall inform the county commission of such occurrence as promptly as possible, so that the commission may appoint a replacement to fill the unexpired term.

(Ord. No. 80-100, § 15.2, 1-12-1999; Ord. of 4-23-2019(2))

(a)

Applications to amend this chapter may be in the form of proposals to amend the text, or proposals to amend the official zoning maps. 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 county commission, or by any person having an interest in the county. An application to amend the official zoning maps may be initiated by an individual property owner or his agent, the zoning administrator, or be submitted to the planning commission by the county commission. Unless initiated by the county commission or the zoning administrator, all applications to amend the official zoning maps must be submitted by the owner and shall be accompanied by an appropriate fee as seen in the building and zoning office, set by the county commission. Such authorization of property ownership shall be notarized and attached to the application. An application for an amendment to the zoning maps 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 county commission.

(b)

The 12-month interval shall not apply to applications initiated by the county commission or zoning administrator, except for amendments to the zoning maps which were defeated by the county commission, 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.

(Ord. No. 80-100, § 15.3, 1-12-1999)

(a)

Procedure for submission. Each application to amend this chapter or the official zoning maps shall be filed with the zoning administrator. The initiation of all amendments must be submitted by written request from the board of commissioners, zoning administrator or and individual property owner. Applications shall be submitted in compliance with the following:

(1)

Text amendment applications shall include the following:

a.

Name and address of applicant.

b.

Current provisions of text to be affected by amendment.

c.

Proposed wording of text change.

d.

Reason for amendment request.

(2)

Map amendment applications shall include the following:

a.

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

b.

Seven copies of a plat, drawn to scale, showing north arrow, land lot and district; the dimensions, acreage and location of that tract; 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.

c.

When any applicant or his attorney for a rezoning action has made, within two years immediately preceding the filing of that applicant's application for the rezoning action, campaign contributions aggregating $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 board of commissioners of the respective local government showing:

1.

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

2.

The dollar amount and description of each campaign contribution made by the applicant to the local government official during the two 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 at the time of application for the rezoning action.

d.

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

e.

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

f.

The name and address of abutting property owners as indicated by the county tax records.

g.

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:

1.

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

2.

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

3.

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

4.

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

5.

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

6.

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.

(b)

Submitted application. Applications shall be submitted in accordance with a schedule adopted annually by the count commission 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 county commission and in any event in sufficient time so as to permit advance advertising and notice of any public hearings 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 county to defray administrative costs. A fee shall not be charged for applications initiated by the county commission or zoning administrator.

(c)

Withdrawal of application. An application may be withdrawn by the applicant after the legal advertising as required by this section shall have first appeared. An applicant may also withdraw an application before legal advertising and in writing to the zoning administrator.

(d)

Filing. 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 days prior to the public hearing before the planning commission. 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 planning commission, 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.

(e)

Time limit for rezoning development. If after one year from rezoning, the approved use has not been developed as stated the rezoning application or building permit has not been issued, the rezoning shall become invalid. A lot or parcel may revert to previously zoned status only after notification in writing to the applicant from the planning commission. Explanation of the delay shall be in writing from the applicant to the planning commission within five business days of receiving written notification that the year deadline for development has occurred. After review of the explanation from the applicant the planning commission may extend the rezoning or require a new application for rezoning to be filed with the zoning administrator.

(Ord. No. 80-100, § 15.4, 1-12-1999)

(a)

The zoning administrator, or his designate, upon receiving an application to amend the official zoning maps, shall do the following:

(1)

With respect to an application to amend the official zoning maps, consider and evaluate each of the matters set forth in section 46-422(a)(2)g.

(2)

Consult with other departments of the county 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)

When required, submit a written record of his investigation and recommendations to the planning commission, said report shall be a matter of public record.

(b)

The zoning administrator 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 chapter will be served, and the health, public safety, and general welfare secured.

(Ord. No. 80-100, § 15.5, 1-12-1999)

The planning commission shall hold a meeting on each application in accordance with a schedule as stated in section 46-420 or as needed. Any recommendations on each application shall be submitted to the planning commission. In addition, the planning commission shall with respect to each application consider each of the matters set forth in section 46-422(a)(2)g. As to each application, the planning commission shall make a recommendation for approval, approval with conditions, denial, deferral, withdrawal without prejudice or no recommendation. 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 article will be served, health, public safety and general welfare secured. 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 county commission and shall be public record. The failure of the planning commission to take any action as to a particular petition within 60 days of the public hearing will be tantamount to an approval recommendation thereof.

(Ord. No. 80-100, § 15.6, 1-12-1999)

(a)

Legal notice. Due notice of the public hearing before the county commission shall be published in the newspaper of general circulation for the county 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 county commission. If the application is for amendment to the official zoning maps, 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. As to an application to amend the official zoning maps, the zoning administrator, or a designate, shall post a sign at least 15 days and no more than 45 days in advance of the county commission's hearings, in a conspicuous place on the property for which an application has been submitted, a sign or signs containing information as to the application and date, time, and place of the public hearing before the county commission.

(c)

Letters. As to an application to amend the official zoning maps, the zoning administrator shall send letters to abutting property owners at least 15 days and no more than 45 days in advance of the public hearing before the county commission. Letters shall include information as to the application and date, time, and place of the public hearing.

(Ord. No. 80-100, § 15.7, 1-12-1999)

In addition to the standards enumerated in other sections of this article, the planning commission and county commission 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 county.

(11)

The extent to which the proposed change is consistent with the comprehensive plan, adopted by the county commission.

(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 pursuant to the Clean Water Act is required to be issued before any parcel is rezoned, building or development permit is issued.

(Ord. No. 80-100, § 15.8, 1-12-1999)

(a)

Any county commissioner who knows or reasonably should know that he:

(1)

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

(2)

Has a ten percent 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 county government; or

(3)

Has a spouse, parent, sibling or child with any interest as described in subsections (a)(1) and (2) of this section, shall disclose the nature and extent of such interest, in writing, to the county commission as soon as he knows of its existence. Such an official, which shall include members of the county commission, or planning commission also shall disqualify himself from voting on the rezoning action and shall not take any other action on behalf of himself 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 county commission to obtain a quorum for the purpose of making a final decision when considering a rezoning action, the county commission 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 state law governing campaign contribution disclosures, O.C.G.A. § 36-671-1 et seq., as amended.

(b)

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 $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:

(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 by the opponent to the local government official during the two 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 calendar days prior to the first hearing by the local government or any of its agencies on the rezoning application.

(Ord. No. 80-100, § 15.9, 1-12-1999)

(a)

Purpose of hearing. The chairperson of the county commission 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 chairperson or his delegate may describe the authority and role of the commission in any zoning decision. The chairperson or his delegate shall chair the hearing and shall determine the relevance of any proposed comment or presentation to the commission 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 chairperson and commission shall respond to questions of the chairperson and commission. Remarks shall be made to the chairperson only and not to other members of the commission 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.

(b)

Rules of procedure. The following rules of procedure govern the public hearing on rezoning or similar matters (special uses) before the county commission. 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 state law and the county codes.

(2)

Exercise of the zoning power shall conform to the standards expressed in the county 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 county commission regarding an agenda item are required to contact the county commission chairperson. 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 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 chairperson and commission of the county. 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, comment not factually supportable, comment in the form of an emotional outburst, comment not directed at the chairperson, shall be considered to be irrelevant to the purpose of the hearing and shall be ruled out of order.

(7)

The chairperson or his delegate shall enter into the record after the presentation of the applicant or his representative any written comment, petition, or similar written statement received by the chairperson and commission prior to the hearing and the same shall be considered by the chairperson and commission 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 county commission shall review the reports prepared by the zoning administrator and planning commission.

(8)

When proponents and opponents of the proposed zoning amendment have been herd in accordance with the foregoing procedures, the chairperson 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.

(Ord. No. 80-100, § 15.10, 1-12-1999)

(a)

The county commission shall consider the standards in section 46-422(a)(2)g in evaluating each application. So that the purpose of this chapter will be served, health, public safety, and general welfare secured, the county commission 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 county commission shall be reduced to writing and mailed to the applicant. Any amendment involving changes to the official maps must be made within three business days after approval by the county commission. No amendment becomes effective until entered upon said maps.

(b)

After the presentation of positions by members of the public at the public hearing, and at the next regularly scheduled meeting of the county commission, a recommendation from the county staff (zoning administrator, planning commission, and any county official (building official) that may have comments or recommendations, shall be heard by the county commission.

(c)

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

(d)

Following questions and/or comments by commission 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 county commission.

(e)

So that the purpose of the chapter will be served, health, public safety and general welfare secured, the commissioners 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 county commission.

(f)

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

(Ord. No. 80-100, § 15.11, 1-12-1999)

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 article. 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.

(Ord. No. 80-100, § 15.13, 1-12-1999)

(a)

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 chapter or an amendment thereto that is changed, extended, altered, or rebuilt thereafter.

(b)

The certificate of occupancy shall state specifically wherein the nonconforming use fails to meet the provisions of this article.

(c)

No certificate of occupancy shall be issued unless the lot or building or structure complies with all provisions of this article.

(d)

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.

(Ord. No. 80-100, § 15.14, 1-12-1999)

(a)

In order to maintain the health, safety, welfare, and morality of the citizens of the county, the county commissioners 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 county commission meeting and shall be attached to the amendment to the official zoning map.

(c)

The conditions imposed shall be part of the rezoning application and kept in the office of the building and zoning department.

(Ord. No. 80-100, § 15.15, 1-12-1999)

Appeals for relief of conditions placed on rezoned property may be heard by the county commission 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, as specified in section 46-428.

(Ord. No. 80-100, § 15.16, 1-12-1999)

(a)

Review by planning commission. The planning commission shall review and the county commission shall approve or deny special uses which are specifically authorized by this chapter. Public hearing are required.

(b)

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 article in its review and the county commission 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 county, and the certificate shall be notarized.

(c)

Procedure. Application for a special use shall be filed with the office of the zoning administrator, and the planning commission shall have 30 days within which to consider each request and make written recommendations to the county commission. A public hearing is required by the county commission, see public hearing requirements, section 46-428. Upon receiving recommendations from the planning commission or after the 30 day period has expired, the county commission shall schedule the proposed special use to be voted on at the next regularly scheduled commission meeting. each application shall be accompanied by a simple sketch of the site, 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)

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

(1)

The available existing street system is adequate to efficiently and safely accommodate the 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.

Each application for a special use shall be assessed a fee according to fee schedule posted in building and zoning set by the county commission to partially defray administrative and notification costs.

(Ord. No. 80-100, § 15.17, 1-12-1999)

(a)

Appeal for variances. A variance will be authorized upon appeal, in specific cases such variances from the terms of this chapter as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of article will, in an individual case, result in unnecessary hardship, so that the spirit of the article 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 chapter 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 chapter.

(b)

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 chapter. 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.

(c)

Procedure. Applications for variance shall be filed with the office of the zoning administrator, and the planning commission shall have 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:

(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)

Procedures for due process hearing. Procedures for hearing before the planning commission shall be:

(1)

The hearing shall be chaired by the chairperson 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 chapter.

(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.

(e)

Fees. 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.

(Ord. No. 80-100, § 15.18, 1-12-1999)

This article, 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.

(Ord. No. 80-100, § 15.20, 1-12-1999)