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Kingsland City Zoning Code

ARTICLE XXIV

ENFORCEMENT, PERMITS, PENALTIES AND FEES

Sec. 240.- Zoning enforcement officer.

The Director of Community Planning and Development shall review building plans, inspect premises, issue building permits and certificates of occupancy for uses and structures which meet the requirements of this Ordinance. All records pertaining to each request processed by the Director of Community Planning and Development shall be kept in a file and open for public inspection.

Sec. 241. - Building permits and tags.

The Director of Community Planning and Development shall issue building permits, and where required, sign tags in accordance with the requirements of the Building Code of the City of Kingsland and this Ordinance.

241.1 Conformance of Proposal to Zoning Ordinance. Prior to the issuance of the building permit and/or tag, the Director of Community Planning and Development shall insure that the work proposed conforms, in all respects to the Zoning and Land Ordinance, in addition to the Building Code and other applicable regulations.

Prior to the issuance of a building permit by the Director of Community Planning and Development, the City Engineer shall insure that the lot, site, tract or parcel upon which a building or structure is proposed for construction shall be of suitable elevation and topographical character to insure proper drainage.

241.2 Information Required. The Director of Community Planning and Development may require such information from the applicant as is necessary to determine the conformity of the proposal with the Zoning and Land Development Ordinance. In addition to the information specifically required in the Building Code, site plans accompanying applications shall show the following:

The location and dimensions of proposed structures, including the number of dwelling units each building is designed to accommodate, if any;

The setback line of buildings on the lot and on adjoining lot;

The number, layout and dimensions of proposed parking spaces, if any; and

The locations and dimensions of points of ingress and egress from abutting public streets or alleys.

Sec. 242. - Certificate of occupancy.

The Director of Community Planning and Development shall issue Certificates of Occupancy in accordance with the requirements of the Building Code of the City of Kingsland and upon a determination that the building, sign or other structure as constructed, or the change in occupancy, as proposed, conforms, in all respects, to the Zoning Ordinance, the Building Code and other applicable regulations.

Sec. 242. - Special uses.

242.1 General Provisions. Special uses, as listed in the various districts of Article VI of this Ordinance are so classified because they more intensely dominate the area in which they are located, than do other uses permitted in the district and as such require certain controls in order to insure compatibility with other uses in the district within which they are proposed for location.

242.2 Application Procedure. Applications for a special use shall be filed with the Director of Community Planning and Development prior to the deadline identified for the meeting in which it is to be reviewed by the Planning Commission and submit an application for a fee of $300.00.

The application shall be made on proper forms and shall be accompanied by a site plan or survey showing existing and proposed structures, uses, access drives, setbacks, easements, buffer areas, parking and loading areas and any other pertinent information necessary for proper review. The Planning Commission shall review the special use application and the accompanying site plan for compliance with the regulations set forth in the Ordinance with particular reference to these requirements established for uses in those districts in which they are proposed for location.

If the Planning Commission finds the use to be in conformance with the Ordinance and compatible with the existing uses in the area, the Planning Commission shall forward their recommendation of approval, with or without additional conditions, to the City of Kingsland for their final action. If the Planning Commission finds the use not in conformance with the Ordinance or non-compatible with the uses in the area then the Planning Commission shall forward their recommendation of denial, and state reason of such action, to the City of Kingsland for their action.

Citizens shall be notified about the City of Kingsland's public hearing by placement of notice in the newspaper of general circulation in the City of Kingsland, (Tribune and Georgian) and by posting on the affected property a notice stating the date, time, place and special use being requested, at least then (10) days before the date of the hearing.

242.3 Approval, Denial. The City of Kingsland and the Planning Commission in reviewing the application for a special use permit should consider the following:

a) The effect the proposed activity will have on traffic flow along adjoining streets;

b) The location of off-street parking facilities;

c) The number, size and types of signs proposed for the site;

d) The amount and location of open space;

e) Protective screening;

f) Hours and manner of operation;

g) Outdoor lighting;

h) Ingress and egress to the property; and

i) Compatibility with surrounding land use.

The City of Kingsland may approve the application as submitted, it may deny the application or it may impose conditions and safeguards deemed necessary for the protection of the public interest.

242.4. Classification and Duration. Permits issued for special uses shall bear the stamp "Special Use" and shall be valid only for that particular use and shall expire if the use, or operation pertaining thereto, does not commence within twelve (12) months of the date of approval or shall cease for more than six (6) months for any reason.

Sec. 243. - Temporary uses.

253.1 The Director of Community Planning and Development is authorized to issue a Temporary Certificate of Occupancy for the following temporary uses, subject to the applicable conditions for each individual temporary use and provided it is determined such use is clearly of a temporary nature, will cause no traffic congestion, and will not adversely affect surrounding areas:

1. Carnival or circus, in the C-2 District, C-3 District and IG District, for a period not to exceed twenty-one (21) days, subject to the approval of the City of Kingsland.

2. Religious meeting in a tent or other temporary structure, in the C-1, C-2, and C-3 Districts, for a period not to exceed sixty (60) days.

3. Open lot sale for Christmas trees, in the C-1, C-2, C-3, and IG Districts, for a period not to exceed forty-five (45) days.

4. Real estate sales office in any district, for a period not to exceed six (6) months, provided no cooking or sleeping accommodations are maintained in the structure.

5. Contractor's office and equipment sheds, in any district for a period of twelve (12) months, provided that such office be placed on the property to which it is appurtenant.

243.2 All Temporary Certificates and Occupancy may be renewed without cost for an additional period not to exceed the time permitted by the original Certificate of Occupancy, provided that at the time of renewal it is again determined said use is still clearly of a temporary nature, still will cause no traffic congestion, and still will not adversely affect surrounding uses.

243.3 All Temporary Certificates of Occupancy shall bear a stamp stating "Temporary Use".

Sec. 244. - Sign permits and tags.

244.1 Sign Tags. In addition to sign permits, the Director of Community Planning and Development shall also issue Sign Tags for freestanding signs.

Such tags shall be affixed to said signs in such a way as to be easily discernible to the eye.

244.2 Maintenance. Signs shall be maintained in accordance with the appropriate provisions set forth in the Building Code.

244.3 Unlawful Signs. Unlawful signs shall be made to comply with all regulations or shall be removed in accordance with the appropriate provisions set forth in the Building Code.

244.4. Violation. This Zoning and Land Development Ordinance is adopted pursuant to the Constitution of the State of Georgia, 1983 as amended. A violation of any provision of this Ordinance constitutes a misdemeanor and every day such violation continues shall be deemed a separate offense.

244.5. Zoning Enforcement. It shall be unlawful to construct, reconstruct, or alter any buildings or other structures without first obtaining a building permit from the Director of Community Planning and Development or to use such buildings or structures on any land without first obtaining an Occupancy Permit from the Director of Community Planning and Development. The Director of Community Planning and Development shall not issue any permit, unless the zoning requirements of this Ordinance are complied with.

Sec. 245. - Subdivision enforcement.

245.1 The filing or recording of a plat of a subdivision without approval of the Commission constitutes a violation of this Ordinance, and the description by metes and bounds in the instrument of transferring or other document used in the process of selling or transfer shall not exempt the transaction from such penalties. The Council through its attorney or other designated official, may enjoin such transfer or sale or agreement by appropriate action.

245.2. No plat or plan of a subdivision within the City of Kingsland shall be filed or recorded by a subdivider in the office of the Clerk of Superior Court of Camden County until it has been submitted to and approved by the Commission and such approval entered in writing on the plat by the Secretary of the Planning Commission.

Sec. 246. - Penalties.

Any person violating any provision of the Zoning Ordinance of the City of Kingsland shall be guilty of a misdemeanor and shall be punished for each offense according to law. Each day such violation continues shall be deemed a separate offense.

Sec. 247. - Remedies.

In case any building is erected, constructed, reconstructed, altered, converted, or maintained, or any building, structure or land is or is proposed to be used in violation of this Ordinance, the Director of Community Planning and Development, City Attorney, or other appropriate authority of the City, or any neighboring property owner who would be specially damaged by such violation may, in addition to other remedies, institute injunction, mandamus or other appropriate action of proceeding to prevent such unlawful erection, construction, reconstruction, alteration, conversion, maintenance, or use, or to correct or abate such violation, or to prevent the occupancy of said building, structure or land.