(a)

The purpose and intent of this section is to provide a lawful means of upholding the provisions established herein in order to protect the welfare and safety of the citizens of the city.

(b)

Procedure:

(1)

When a violation of this article has occurred or is alleged to have occurred, a written complaint which fully states the grounds therefor shall be filed with the enforcement officer.

(2)

The enforcement officer shall properly record and investigate the complaint.

(3)

The enforcement officer shall take action to legally have corrected any violations as provided by this article.

(4)

The owner and or tenant of the property on which the complaint has been filed and any other person who commits, assists in or maintains the violation may each be found guilty of a separate offense and shall each suffer penalties which are provided herein.

(5)

Each day the violation continues shall be considered a separate offense.

(Ord. No. 90-3, § 12(A), (B)(1), 6-19-90)

(a)

Purpose and intent. The purpose and intent of the section is to provide a standard fee schedule for the purpose of making an application to alter the present land use.

(b)

Requested fees. The following fees are hereby adopted by the city as the costs for making application for a change in zoning, a variance or conditional use:

(Ord. No. 90-3, § 11, 6-19-90)

(a)

The city commission shall be empowered to adopt, amend or abolish this article and the official zoning map for the city.

(b)

The commission shall establish a schedule of fees, charges and expenses, as well as a collection procedure for building permits, certificates of occupancy, appeals and other matters pertaining to this article.

(c)

Other duties of the city commission may be established by laws of the state or subsequently enacted ordinances of the city.

(d)

It is the intent of this section to establish that the duties of the city commission in connection with this article shall not include hearing and deciding questions of interpretation and enforcement that may arise.

(e)

Procedures:

(1)

The planning and design review board shall make a recommendation to the city commission prior to deciding on amendments as provided by ordinance.

(2)

The amendments shall be decided on by the city commission during a public hearing, for which a notice has been posted at the city hall at least 15 days prior to the meeting.

(Ord. No. 90-3, § 2(A), 6-19-90)

State Law reference— Minimum required notice, O.C.G.A. § 36-66-4.

The functions of the planning and design review board are as provided in this article and in article II, division 2.

(a)

How taken. Appeals to the board of appeals may be taken by any person aggrieved or by any officer, department, board or bureau of the city affected by any decision of the city manager or the planning and design review board made in connection with this article. Such appeals shall be taken within a reasonable time, as provided in the rules of the board of appeals, by notifying the officer from whom the appeal is taken and filing with the secretary of the board of appeals a notice of the appeal, specifying the ground therefor. The officer from whom the appeal is taken shall forthwith transmit to the city clerk all papers constituting the record upon which the action appealed from was taken.

(b)

Application. Application fees shall be paid and a completed application consisting of the following items shall be submitted to the enforcement officer:

(1)

Application form stating the local, zoning or proposed zoning, and proposed use of the property.

(2)

The address and use of adjacent property.

(3)

The nature of the appeal, naming the board and/or official from which the appeal is taken and the section of this Code from which the appeal arises.

(4)

A statement of the purpose of the appeal and, if granted, how the appeal meets the criteria for appeal.

(c)

Stay of proceedings; exception. Any appeal stays all legal proceedings in furtherance of the action appealed from, unless the officer from whom the appeal is taken certifies to the board of appeals, after the notice of the appeal shall have been filed, that, by reason of facts stated in the certificate, a stay would in his opinion cause imminent peril to life and property. In such case, a stay will not be issued unless a restraining order is issued by either the board of appeals or superior court on application, on notice to the officer from whom the appeal is taken, and on due cause shown.

(d)

Notice of hearing. The board of appeals shall fix a reasonable time, not to exceed 30 days, for the hearing of the appeal or other matters referred to it, and give public notice thereof, as well as due notice to the parties in interest, and shall decide the same within a reasonable time. Upon a hearing, any party may appear in person, by agent or by attorney.

(e)

Meetings.

(1)

Officer to administer oaths and compel attendance of witnesses. The chairperson, or in his absence, the vice-chairperson, may administer oaths and compel the attendance of witnesses.

(2)

Minutes required. The board shall keep minutes of its proceedings showing the vote of each member upon the question, or if absent or failing to vote, an indication of such fact, and the board shall keep records of its examinations and other official actions, all of which shall be immediately filed in the office of the board and shall be a public record.

(f)

Findings necessary to authorize variance.

(1)

To authorize, upon appeal, such variances, other than uses, from the terms of this article as will not be contrary to the public interest, where owing to special conditions, a literal enforcement of the provisions of this article will in an individual case result in practical difficulty or unnecessary hardship. In every case the spirit of this article shall be observed, public safety and welfare secured, and substantial justice done. Such variance may be granted in an individual case of practical difficulty or unnecessary hardship upon a finding by the board of appeals that all of the following exist:

a.

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

b.

The application of this article or article IV or VI to the particular piece of property would create practical difficulty or unnecessary hardship.

c.

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

d.

Relief, if granted, would not cause substantial detriment to the public good or impair the purposes and intent of this article or article IV or VII.

(2)

In order to make a variance permissible, certain conditions shall be shown:

a.

There must be a proven hardship. This must be done by showing beyond a doubt the inability to make a reasonable use of the land if the provisions of this article were applied literally.

b.

The hardship cannot be self-created. An example is the case where the lot was purchased with knowledge of an existing restriction or claiming hardship in terms of prospective sales.

(g)

Action on appeal. In exercising its power, the board of appeals may, in conformity with the provisions of this Code, reverse or affirm, wholly or partly, or may modify the order, requirements, decision or determination, and to that end shall have all powers of the officer from whom the appeal is taken and may issue or direct the issuance of a permit, certificate or other document as required.

(h)

Appeals from action of board of appeals. Appeals from the board of appeals shall be taken to superior court.

(Ord. No. 90-3, § 10(E), 6-19-90)

(a)

Generally. Such regulations, restrictions and boundaries as are provided for in this article may be amended, supplemented, changed, modified or repealed. A proposal for amendment to any zoning regulation may originate with the city commission, the planning and design review board or with the owner of the property in question or a duly authorized agent of the owner. Regardless of the origin of the proposed amendment, it shall be referred to the planning and design review board for consideration following the procedures below. Exceptions to the following procedures will be allowed:

(1)

Application fees shall not be paid by the city commission or planning and design review board.

(2)

The posting of signs on property and the mailing of certified letters of notification shall not be required when the city commission or planning and design review board applies for an amendment that will have universal effect on all properties within the city. All other provisions shall apply.

(b)

Rezoning and other amendments (to be heard by the planning and design review board and city commission):

(1)

Application fees shall be paid and a completed application, consisting of the following items, shall be submitted to the enforcement officer:

a.

An application form stating the location, present and proposed zoning, and the proposed use of the property.

b.

A list of the adjacent property owners and their addresses.

c.

Six copies of the rezoning site plan prepared by a registered civil engineer displaying the specific use, buffers, curb cuts, building locations, parking requirement and drainage structures.

(2)

A public meeting of the planning and design review board will be conducted during which the planning and design review board will make a recommendation for the city commission. This meeting will be held within 45 days of receiving a valid application.

(3)

The enforcement officer shall post a sign stating the request on the property in question at least 15 days prior to the meeting of the planning and design review board.

(4)

The enforcement officer shall also mail certified letters of notification to the applicant and all adjacent property owners at least 15 days prior to the meeting.

(5)

The enforcement officer shall post a notice stating the request and property in question at city hall at least 15 days prior to the meeting of the planning and design review board.

(6)

The enforcement officer shall publish, in a newspaper of general circulation within the territorial limits of the city, a notice stating the date, time, place and purpose of the meeting at least 15 days prior to the meeting.

(7)

Before any map amendment is granted, the planning and design review board and the city commission must find that the map amendment is in agreement with the community's comprehensive plan, or, in the absence of such a finding, that one or more of the following apply and such finding shall be recorded in the minutes and records of the planning and design review board and the city commission:

a.

That the original zoning classification given to the property was inappropriate or improper.

b.

That there have been major changes of an economic, physical or social nature within the area involved which were not anticipated in the community's comprehensive plan and which have substantially altered the basic character of such area.

(8)

The application shall not be tabled more than once, unless it is requested by the applicant and approved by the planning and design review board. If tabled, a decision must be made at the next regularly scheduled meeting or the application shall be deemed approved.

(9)

The city commission shall make a final decision on the request during a public meeting.

(10)

Upon approval of a rezoning application, the change in the zoning classification and the zoning district boundaries shall be entered into the official zoning map.

(11)

Upon the denial of a rezoning application, another application requesting the same zoning change shall not be accepted for the same parcel of land or any portion of the property for six months from the date of the denial.

(12)

Upon the denial of a rezoning application, another application requesting a different zoning change shall not be accepted for the same parcel of land or any portion of the property for three months from the date of the denial.

(13)

Any appeal of the decision of the city commission shall be heard by a judge of superior court.

(Ord. No. 90-3, § 10(A), 6-19-90; Ord. No. 90-9, 1-22-91; Ord. No. 98-04-01, 6-25-98; Ord. No. 19-05-03 , 6-11-19)

State Law reference— Hearings, O.C.G.A. § 36-66-4.

(a)

[Generally.] All R-5 and hotel-motel amendments to the official zoning map shall be conditional zoning amendments.

(b)

Concept plan review. The purpose of the site plan review is to encourage logic, imagination, and innovation in accordance with the design process and ensure the soundness of the proposed development and its compatibility with the surrounding area. The city shall appoint an employee to review plans for technical compliance with the zoning regulations and for technical compliance with concept plan review criteria. The recommendations of the planning and design review board shall be transmitted to the Helen City Commissioners.

(c)

Concept plan.

(1)

In addition to any other conditions that may be imposed by the planning and design review board, or city commissioners, pursuant to the provision for conditional zoning in this zoning regulation, a concept plan review, public hearing and the use of the property for its zoned purposes shall be conditioned to said plan and become part of the amendment.

(2)

The concept plan shall be prepared by qualified person or design professional such as an architect, engineer, landscape architect, planner or surveyor as appropriate to the project and shall be drawn in accordance with the following basic criteria:

a.

Scale: Generally, one inch equals 100 feet;

b.

Sheet size: Generally 24 by 36 inches (24″ × 36″) with approximate match lines provided if more than one sheet is necessary;

c.

Vicinity map: Drawn at a scale of not less than one inch equal 1,000 feet (1″ = 1,000′) and showing adjoining roads, subdivisions and other landmarks;

d.

Existing topography: Shown with a maximum contour interval of 20 feet;

e.

Boundary survey: Shown and described by meters and bounds;

f.

Adjacent properties: Provide names and addresses of adjacent property owners;

g.

Title block: Indicating the name of the development, the owner, the developer and the person or firm preparing the plan;

h.

Submission: Provide a minimum of six copies of above.

(3)

The concept plan shall include the following information:

a.

A proposed land use plan for the site, including the acreage to be devoted to each land use category;

b.

The proposed location of streets, bikeways, pedestrian ways, parking areas, drainage and storm water detention facilities, utilities, public facilities, parks, recreation areas, tree areas to be retained or added and other open spaces, and including notations as to existing or proposed dimensions, capacities and or volumes;

c.

Representative architectural sketches or renderings of typical proposed structures, signs, landscaping, screening and/or fencing;

d.

Statistical or technical data as necessary to accurately describe the proposed development including, but not limited to the following:

1.

Total land area;

2.

Amount of land to be used for public or semi-public uses;

3.

Amount of land to be used for recreational open space purposes;

4.

Amount of land to be occupied by streets and parking areas;

5.

Amount of any submerged or flood prone land within the project boundary;

6.

The total ground coverage and floor area of all buildings;

7.

A breakdown of the number and kinds of proposed buildings, including square footage, and the number and range of lot sizes and proposed setback and yard dimensions for typical lots and/or building types.

e.

As an attachment, a report setting forth the proposed development schedule, indicating the sequence of development of the various sections thereof, and the approximate time period required for completion of each phase;

f.

As an attachment, an outline of the proposed methods for controlling and maintaining any common open space or community facilities;

g.

Such other submissions/plans as may be required to evaluate the project.

(Ord. No. 96-04-01, 5-21-96)

(a)

Minimum requirements. All applications to amend the official zoning map submitted or initiated by a party other than the city commission, planning and design review board, or other official of the City of Helen, or an application submitted for a conditional use permit shall be filed with the designated city employee and shall be accompanied by, at a minimum, the following items:

(1)

An application form as available from City Hall, complete in all respects.

(2)

An application fee as required to cover administrative and advertising costs as provided for in Code section 34-127 "Fees."

(3)

A typed legal description of the subject property.

(4)

A site plan drawn to scale, designating the subject property and identifying existing and proposed buildings and uses, adjacent existing land uses and zoning districts, including those across abutting public streets, and any other significant site improvements proposed to accommodate the proposed use, or to buffer adjacent uses, etc., or a plat of the subject property where no specific land use is proposed. The sheet size for the site plan should generally be 24 inches by 36 inches (24″ × 36″), with an 8½ × 11 inch reduction provided. In the case where only a plat of the subject property is provided and no specific land use is proposed, the plans will be evaluated based upon the most intense possible land use permitted in the proposed zoning district.

(5)

For an amendment to the official zoning map a narrative statement from the applicant is required specifically describing the proposed use of the property and addressing each of the standards set forth in this regulation under section 34-131.3 of this article.

(b)

Compliance with plans. If the requested zoning amendment, conditional use permit, or variance application is approved, no building permit, other permit or certificate of occupancy shall be granted except for uses or structures conforming substantially with the plan and documents submitted with the application for the amendment.

(c)

Conditional zoning. In adopting an amendment to the official zoning map, conditional use permit the planning and design review board or city commissioners, may impose special conditions which it deems necessary in order to make the requested action acceptable and consistent with the purposes of the district involved and to further the goals and objectives of the city's land development codes. Such conditions may consist of:

(1)

Dedication of required road or utility line rights-of-ways to the city where insufficient amount or none exist,

(2)

Setback requirements from any lot line;

(3)

Specified or prohibited locations for buildings, parking, loading, or storage areas or other land uses;

(4)

Driveway curb cut restrictions;

(5)

Restrictions as to what land uses or activities shall be permitted, maximum building heights or other dimensions;

(6)

Special drainage or erosion provisions;

(7)

Landscaping or planted area which may include the location, size, type, and maintenance of plant materials, fences, walls, beams or other buffering provisions or protective measures;

(8)

Special measures to alleviate undesirable views, light, glare, noise, dust or odor;

(9)

Permitted hours of operation;

(10)

Architectural style;

(11)

A requirement that developers must build according to the site plan as adopted;

(12)

A limitation on exterior modifications of existing buildings; or any other requirement that the planning and design review board or city commissioners may deem appropriate and necessary as a condition of rezoning, conditional use permit or issuance of a variance.

Also such conditions:

(1)

Shall only be valid if they are included in the motion approving the amendment for adoption;

(2)

Shall be in effect for the period of time specified in the amendment;

(3)

Shall be required of the property owner and all subsequent owners as a condition of their use of the property; and

(4)

Shall be continuously enforced in the same manner as any other provision of these regulations.

(d)

A building permit shall not be issued until after the review and approval as provided for in section 34-527 "Building Permits."

(Ord. No. 96-04-01, 5-21-96)

(a)

In adoption of a zoning ordinance, the amendment of an existing zoning ordinance, or amending the official zoning map, the city commissioners shall consider factors relevant in balancing the interest in promoting the public health, safety, morals, or general welfare against the right of the individual to the unrestricted use of property and shall specifically consider the following:

(1)

Existing uses and zoning of nearby property,

(2)

The extent to which property values are diminished by the particular zoning restrictions of the current zoning,

(b)

The extent to which the property values are diminished of the individual property owner applying for the rezoning with consideration to:

(1)

Population density and effect on city facilities such as streets, water and sewer;

(2)

Environmental impact;

(3)

Effect on adjoining property values;

(4)

Effect on the quality of life of nearby residence.

(c)

The relative gain to the public, as compared to the hardship imposed upon the individual property owner.

(d)

Conformity with or divergence from any land use plan or established land use patterns.

(e)

The availability of adequate sites for the proposed use in districts that permit such use.

(f)

The suitability of the site for the proposed use relative to the requirements set forth in the zoning ordinance such as off street parking, setbacks, buffer zones and open space.

(Ord. No. 96-04-01, 5-21-96)

(a)

Definition. A nonconforming use shall be defined as any lawful structure, building, parcel of land, or use of a parcel of land or building at the time of the adoption of the ordinance from which this article is derived which does not conform with the requirements of the ordinance.

(b)

Regulations. Even though such use does not conform with the provisions of this article, the lawful use of any structure, building, parcel of land, or use of a parcel of land or building existing on June 19, 1990 may be continued subject to the following requirements:

(1)

The nonconforming use shall not be extended to occupy a greater area unless the additional area existed and was clearly designed for the same purpose as the nonconforming use on June 19, 1990.

(2)

The nonconforming use shall not be reestablished after a voluntary discontinuance of the use for a period of 12 months.

(3)

A nonconforming use changed to a different nonconforming use shall not be permitted.

(4)

A nonconforming use shall not be enlarged, altered, or repaired except in conformance with this article unless the change is necessary to maintain the safety of the use and the change does not exceed 50 percent of the replacement costs of the use at that time.

(5)

Should a nonconforming use be damaged by fire, other than by deliberate action, the nonconforming use may be repaired or replaced. But, the repaired structure shall not occupy any greater lot area than the original building, nor contain more floor area than the original structure. Repairs to the damaged structure shall begin within 12 months of being damaged and completed within 24 months.

(Ord. No. 90-3, § 9, 6-19-90)

(a)

A request for a conditional use permit may be made by the owner of the property in question, or a duly authorized agent of the owner.

(b)

Applicable fees shall be paid and a completed application, consisting of the following items, shall be submitted to the enforcement officer:

(1)

Application form stating the location, present zoning and the proposed conditional use of the property.

(2)

A list of the adjacent property owners and their addresses.

(3)

Six copies of the site plan prepared by a registered civil engineer displaying the specific use, buffers, curb cuts, building locations, parking requirement and drainage structure.

(4)

Applications shall be filed with the city no less than 45 days prior to the regularly scheduled meeting of the planning and design review board.

(c)

A public meeting of the planning and design review board will be conducted during which the planning and design review board will make a recommendation for the city commission. This meeting will be held within 45 days of receiving a valid application.

(d)

The enforcement officer shall review the application and property and prepare a report for presentation to the planning and design review board.

(e)

The enforcement officer shall post a sign stating the request on the property in question at least 15 days prior to the meeting.

(f)

The enforcement officer shall also mail certified letters of notification to the applicant and all adjacent property owners at least 15 days prior to the meeting.

(g)

The enforcement officer shall post a notice stating the request and property in question at city hall at least 15 days prior to the meeting of the planning and design review board.

(h)

The enforcement officer shall publish, in a newspaper of general circulation within the territorial limits of the city, a notice stating the date, time, place and purpose of the meeting, at least 15 days prior to the meeting.

(i)

The application shall not be tabled more than once, unless it is requested by the applicant and approved by the planning and design review board. If tabled, a decision must be made at the next regularly scheduled meeting or the application shall be deemed approved.

(j)

The city commission shall make a final decision on the request during a public meeting. It will take a majority of the entire city commission to override the recommendation of the planning and design review board.

(k)

Upon the denial of a conditional use application, another application requesting the same conditional use shall not be accepted for the same parcel of land or any portion of the property for six months from the date of the denial.

(l)

Any appeal of the decision of the city commission shall be heard by a judge of superior court.

(Ord. No. 90-3, § 10(C), 6-19-90; Ord. No. 90-9, 1-22-91)

(a)

A request for design review shall be made by the owner of the property in question, or a duly authorized agent of the owner.

(b)

Application fees shall be paid and a completed application consisting of the following items shall be submitted to the enforcement officer:

(1)

An application form stating the location, present or proposed zoning, and proposed use of the property.

(2)

The address and use of adjacent property.

(3)

The information required in section 34-576.

(4)

Applications shall be filed with the city no less than 45 days prior to the regularly scheduled meeting of the planning and design review board.

(c)

A public meeting will be conducted during which time the planning and design review board will make a decision as to the appropriateness of the proposed design. The meeting will be held within 45 days of receiving a valid application.

(d)

The enforcement officer shall mail certified letters of notification to the applicant at least 15 days prior to the meeting.

(e)

The enforcement officer shall post a notice stating the request and property in question at city hall at least 15 days prior to the meeting of the planning and design review board.

(f)

The application shall not be tabled more than once, unless it is requested by the applicant and such request is approved by the planning and design review board. If tabled, a decision must be made at the next scheduled meeting or the application shall be deemed approved.

(g)

The planning and design review board can place conditions on the building and construction of the building as a part of the approved application.

(h)

Upon approval of the applications and conditions attached thereto, the enforcement officer shall issue a building permit if the building, sign or improvements meets the other requirements of this Code.

(i)

Appeals from the decisions of the planning and design review board based upon interpretation of section 34-576 shall be appealed to the board of appeals, within 30 days from the decision of the planning and design review board. Failure to file notice of appeal within 30 days shall constitute a waiver of the right to appeal.

(Ord. No. 90-3, § 10(D), 6-19-90; Ord. No. 90-9, 1-22-91)