Standards and provisions of this chapter shall be administered by the zoning administrator or his designee, except as otherwise provided. It shall also be the duty of all officers and employees of the city, and especially of all members of the Jonesboro Police Department, to assist the zoning administrator, or their designee by reporting any apparent violation in construction, reconstruction or land use.

(Ord. No. 05-08, § 2(2.01), 8-15-2005; Ord. No. 2023-006, § 1(Exh. A), 7-10-2023)

The provisions of this chapter shall be enforced by the zoning administrator or his designee and code enforcement officer of the City of Jonesboro as defined herein.

(Ord. No. 05-08, § 2(2.02), 8-15-2005; Ord. No. 2023-006, § 1(Exh. A), 7-10-2023)

The duties of the zoning administrator of the City of Jonesboro, or his designee with respect to this chapter shall include, but not be limited to, the following:

(1)

Render interpretations of the provisions of this chapter.

(2)

Grant administrative variances to the standards of this chapter.

(3)

Post such public notices as are required under this chapter.

(4)

Process applications filed in conjunction with all property rezonings and other approvals associated with actions regulated under this chapter.

(5)

Provide staff support to the mayor and city council, as appropriate.

(6)

Review development and building plans and assess compliance with this chapter.

(7)

Issue building permits in accordance with the provisions of this chapter.

(Ord. No. 05-08, § 2(2.03), 8-15-2005; Ord. No. 2023-006, § 1(Exh. A), 7-10-2023)

Editor's note— Ord. No. 2023-006, § 1(Exh. A), adopted July 10, 2023, amended the title of § 86-33 to read as herein set out. The former § 86-33 title pertained to city manager; duties and authority.

The code enforcement officer with respect to this chapter shall have the authority to proactively enforce all provisions of the ordinance. The code enforcement officer shall also have the authority to conduct such investigations as may be reasonably necessary to assure or compel compliance with the provisions of this chapter, including accessing property and premises at reasonable times for the purpose of conducting investigations concerning matters regulated by this chapter.

No person shall refuse entry or access to any authorized agent of the city seeking entry for the purpose of inspection, and who presents appropriate credentials, nor shall any person obstruct, hamper or interfere with any such agent while in the process of executing his official duties.

(Ord. No. 05-08, § 2(2.04), 8-15-2005)

The code enforcement officer shall promptly investigate complaints of violations, reporting his findings and actions to complainants, and shall use his best endeavors to prevent violations or to detect and secure the correction of violations. Upon discovery of any violation of any provision of this chapter, the code enforcement officer shall provide written notice to the person or persons responsible for such violation, indicating the nature of the violation and ordering corrective action.

The code enforcement officer shall perform field inspections to determine whether a building or structure being constructed, reconstructed, moved, structurally altered or used is in accordance with the application and development plans for which a building permit has been issued. The code enforcement officer shall issue citations when a violation is discovered so that appropriate legal action may be taken to ensure compliance with the provisions of this chapter and such permit.

The code enforcement officer shall also determine whether land development and site and building construction has been completed in accordance with all applicable city codes prior to issuance of a certificate of occupancy.

The officer shall order discontinuance of any unlawful use of land, buildings or structures; removal of unlawful buildings or structures, including unlawful additions, alterations, or structural modifications; discontinuance of any unlawful work being performed; and shall pursue any other action authorized by this chapter or the laws of the city, county or state to ensure compliance with, and prevent violations of, the provisions of this chapter.

Should a violation of this chapter exist or be pursued, the code enforcement officer shall confer with the city attorney who may then, in addition to other remedies provided by law, institute injunction, mandamus or any appropriate action or proceeding to prevent, enjoin, abate or remove such violation.

(Ord. No. 05-08, § 2(2.05), 8-15-2005)

No land shall be developed, nor alteration, moving or construction of any building or structure be commenced, prior to architectural and development plans, as appropriate, being submitted to and approved by the zoning administrator or his designee. The zoning administrator or his designee shall establish the procedures and submittal requirements associated with such plans.

(Ord. No. 05-08, § 2(2.06), 8-15-2005; Ord. No. 2023-006, § 1(Exh. A), 7-10-2023)

In the absence of a certificate of zoning compliance, no representation by any official or employee of the city shall in any way legally bind the city or constitute any determination that structures or uses located on or proposed for a particular property comply with this chapter. Furthermore, no owner of property within the city or his agent, successor or assign shall be entitled to rely upon any such representation or claim any vested right to maintain or construct any structure or conduct any use located on or proposed for a particular property as a result of any such representation.

A property owner or his agent who wishes to determine whether an existing structure or use established on, or use proposed for, any property located within the city is being used, or may be used or developed, in compliance with the ordinance from which this section is derived may request a certificate of zoning compliance. All such requests shall be in writing and filed with the zoning administrator or his designee using an application developed by the city. The following information regarding the property for which a certificate is being requested shall be provided:

(1)

Name, address and phone number of the property owner;

(2)

Name, address and phone number of any agent of the owner;

(3)

Legal description of the property;

(4)

A complete description and inventory of all structures on the property;

(5)

A complete description of all structures proposed to be located on the property;

(6)

A complete description and inventory of any and all activities conducted on the property;

(7)

A complete description and inventory of any and all activities proposed to occur on the property; and

(8)

A notarized signature of owner.

The zoning administrator or his designee shall respond to the owner requesting a certificate of zoning compliance or his agent in writing within 15 business days of receipt of such request.

Issuance of a certificate of zoning compliance shall merely constitute confirmation that the structures or uses located on, or proposed for, the property have been determined to be in compliance with this chapter as effective on the date of issuance of the certificate and may be legally conducted thereon as of the date of issuance of the certificate.

Any certificate issued hereunder shall be valid for a period of 30 days and renewable for additional 30-day periods up to six such 30-day periods from the date of the initial issuance of certificate of zoning compliance, provided that renewals shall only be granted by the zoning administrator or his designee upon a satisfactory showing of evidence by the applicant that establishment of the use described in the certificate is being actively pursued. The applicant shall perform any necessary actions toward establishing or conducting the uses identified in the application or begin construction on any and all structures identified in the application within the period of a valid certificate or any renewal. Upon termination of the certificate or any renewal, any property addressed by the certificate shall be governed by any and all ordinances as may have been enacted or amended by mayor and council of the city during the period of a valid certificate or any renewal.

(Ord. No. 05-08, § 2(2.07), 8-15-2005; Ord. No. 2023-006, § 1(Exh. A), 7-10-2023)

The zoning administrator or his designee may grant an administrative variance of up to ten percent of the standards of this chapter. Such variance shall be limited to lot area, building setback and off-street parking, and shall be based on a finding that the relief would not cause substantial detriment to the public good or be injurious to the use and enjoyment of the environment or of other property in the immediate vicinity, nor diminish or impair property values within the surrounding neighborhood or impair the purposes of this chapter. Applicants for an administrative variance shall apply to the city clerk on forms used for variances. No fee shall be imposed for administrative variances. An administrative variance is subject to the notice and public hearing requirement(s) as set forth in O.C.G.A. § 36-66-4(g).

(Ord. No. 05-08, § 2(2.08), 8-15-2005; Ord. No. 2023-006, § 1(Exh. A), 7-10-2023)

All applications to the zoning administrator or his designee for building permits shall be accompanied by plans in ten sets of duplicates, drawn to scale, showing:

(1)

Dimensions and location of the lot upon which construction is proposed;

(2)

Floor area and dimension of the building to be erected;

(3)

Location of the proposed building on the lot;

(4)

Location of building setbacks and any existing structures on the lot;

(5)

Number of dwelling units proposed, as appropriate;

(6)

Building setbacks on adjoining lots;

(7)

Landscape plans, as appropriate; and

(8)

Such other information as may be essential for determining whether the provisions of this chapter are met.

It shall be unlawful to excavate or fill any lot for the purpose of construction of any building, to construct any building, to move or alter any building or to develop land for a use not involving a building prior to issuance of a permit for such work by the zoning administrator or his designee.

A formal review shall be required concerning any proposed use of land prior to issuance of any building permit, or initiation of any improvement, grading or alteration of land or building to determine compliance with all provisions of this chapter. Site plans and other development plans required under the provisions of article VIII of this chapter shall be prepared only by those currently registered or licensed to perform such work in accordance with Georgia laws. Building plans for structures having a value exceeding $10,000.00 shall be prepared by a registered architect or engineer. Development permit applications shall be reviewed by the zoning administrator or his designee and shall be accompanied by complete, scaled plans signed by the applicant.

The zoning administrator or his designee shall determine whether applications for building permits as required by the city building codes conform to all standards and requirements of this chapter, and no building permit shall be issued without prior certification of such conformance. Such applications shall provide information as may be specified on forms provided by the city clerk.

(Ord. No. 05-08, § 2(2.09), 8-15-2005; Ord. No. 2023-006, § 1(Exh. A), 7-10-2023)

The city clerk shall not grant an occupational tax certificate to any person or firm unless the business conforms to the regulations of the zoning district in which the business is located or is established as a legal nonconforming use. A duly issued certificate of occupancy shall be evidence of such conformity.

(Ord. No. 05-08, § 2(2.10), 8-15-2005)

Any building permit issued shall be rendered invalid unless work authorized by such permit is commenced within six months of the date of issuance. Any building permit shall also be rendered invalid should work authorized by such permit be suspended or abandoned for a period of six months. All work sites shall be maintained in an acceptable condition, and in compliance with all applicable codes and ordinances.

(Ord. No. 05-08, § 2(2.11), 8-15-2005)

Before taking any of the following actions or imposing any of the following penalties, the zoning administrator or his designee shall provide a reasonable opportunity, of not less than ten days (except that in the event the violation constitutes an immediate danger to public health or public safety, 24 hours' notice shall be sufficient) to cure such violation. In the event the applicant or other responsible person fails to cure such violation after such notice and cure period, the zoning administrator or his designee may take any one or more of the following actions or impose any one or more of the following penalties. Each day such violation continues shall constitute a separate offense. No provision in this section shall be deemed to diminish or to nullify any power of the mayor and city council to hear and decide on appropriate penalties for the violation of this chapter if the mayor and council so desires.

(1)

Stop work order. The city may file in a court of competent jurisdiction to obtain a stop work order, ordered by a judge, which shall be served on the applicant or other responsible person. The stop work order shall remain in effect until the applicant or other responsible person has taken the remedial measures set forth in the notice of violation or has otherwise cured the violation or violations described therein, provided the stop work order may be withdrawn or modified to enable the applicant or other responsible person to take necessary remedial measures to cure such violation or violations.

(2)

Withhold certificate of occupancy. The zoning administrator or his designee may refuse to issue a certificate of occupancy for the building or other improvements constructed or being constructed on the site until the applicant or other responsible person has taken the remedial measures set forth in the notice of violation or has otherwise cured the violations described therein.

(3)

Suspension, revocation or modification of permit. The city may file in a court of competent jurisdiction to obtain an order from a judge suspending, revoking or modifying any permits authorizing any land development project. A suspended, revoked or modified permit may be reinstated after the applicant or other responsible person has taken the remedial measures set forth in the notice of violation or has otherwise cured the violations described therein, provided such permit may be reinstate to enable the applicant or other responsible person to take the necessary remedial measures to cure such violations.

(4)

Civil penalties. In the event the applicant or other responsible person fails to take the remedial measures set forth in the notice of violation or otherwise fails to cure the violations described therein within ten days (or such greater period as the zoning administrator or his designee shall deem appropriate) (except that in the event the violation constitutes an immediate danger to public health or public safety, 24 hours' notice shall be sufficient) after the zoning administrator or his designee has taken one or more of the actions described above, the zoning administrator or his designee may issue a citation and impose a penalty not to exceed $1,000.00 (depending on the severity of the violation) for each day the violation remains unremedied after receipt of the notice of violation.

(5)

Criminal penalties. For intentional, flagrant or habitual violations of this chapter, the zoning administrator or his designee may issue a citation to the applicant or other responsible person, requiring such person to appear in the City of Jonesboro Municipal Court to answer charges for such violation. Such proceedings shall be de novo. Upon conviction, such person shall be punished by a fine not to exceed $1,000.00 or imprisonment for 60 days or both. Each act of violation and each day upon which any violation shall occur shall constitute a separate offense.

(Ord. No. 05-08, § 2(2.12), 8-15-2005; Ord. No. 2023-006, § 1(Exh. A), 7-10-2023)

Whenever any building is erected, constructed, reconstructed, altered, repaired, converted or maintained, or any building or land is used, in violation of any provision of this chapter, the code enforcement officer or any other appropriate authority of the city may, in addition to other remedies, for a violation of this Code. Such citation shall require the presence of the violator in municipal court, and shall institute an injunction or other appropriate action or proceedings to prevent such unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance or use. Such citation shall also require correction or abatement of such violation, or prevent the occupancy of such building or land. The code enforcement officer may, in addition to other remedies, suspend utility services to the property on which the violation is said to have occurred until such time as the structure or premises is no longer in violation of this chapter.

(Ord. No. 05-08, § 2(2.13), 8-15-2005)

Nothing contained in this article shall prevent the city from taking such other lawful actions as are necessary to prevent or remedy any violation of this chapter, such as injunction, mandamus or other appropriate action.

(Ord. No. 05-08, § 2(2.14), 8-15-2005)

The city shall maintain records of all official administrative actions of his office, all related complaints and actions, and all violations discovered by whatever means, together with remedial action taken and the disposition of cases. Such records shall be public records.

(Ord. No. 05-08, § 2(2.15), 8-15-2005)