Lincolnton City Zoning Code

The building official shall have the power and duty to provide the following services related to this chapter:

1. Administer and enforce the provisions of this chapter.
2. Issue and when necessary revoke building permits according to the procedures outlined in chapter.
3. Issue a certificate of occupancy according to the procedures outlined in this chapter.
4. Issue a sign permit when the applicant meets the requirements outlined in this chapter.
5. Enter upon any premises for the purpose of making inspections of premises or buildings necessary to carry out his duties in the enforcement of this chapter.
6. Maintain complete records concerning this chapter and related matter and make such records available to the public upon request.
7. Maintain the official zoning map for public display.
8. Advise the general public on how to comply with the requirements of this chapter.
9. Maintain complete records concerning this chapter and related matter and make such records available to the public upon request.

(Ord. of 12-2003, § 3-3)

The city council shall hear and make decisions concerning:

1. Proposed amendments to this chapter.
2. Adoption and amendment to the zoning map, including amendment of text.
3. Approval, disapproval or other action on all requests for zoning changes as provided in this chapter.
4. Upon consideration of the recommendation from the zoning board, grant or deny applications for variances from the requirements of this chapter.
5. Approval or disapproval of conditional use permits.

(Ord. of 12-2003, § 3-2)

1. The provisions of O.C.G.A. § 45-10-1 et seq. require disclosure of financial interests by all government officials, including city council members and zoning board members, who will consider a rezoning action. State law also requires disclosure of campaign contributions or gifts by the rezoning applicant or his attorney.
2. All government officials, including city councilmembers and zoning board members, are required to disclose in writing any ownership interest they have or any family members have, in real property made the subject of a rezoning request. Additionally, these officials are required to disclose in writing any financial interest of ten percent or more in any business entity which has an ownership interest in the property to be considered.
3. An applicant for a rezoning and his attorney must disclose all campaign contributions or gifts aggregating $250.00 or more which were made within two years of the filing of the application for rezoning.

(Ord. of 12-2003, § 1-5)

Disclosure required to be in writing, O.C.G.A. § 36-67A-2.

Reasonable fees sufficient to cover the cost of administration, inspection, publication of notice and similar matters may be charged to applicants for rezoning applications, amendments to the map or text), variance applications, an appeal from action of the building official and other administrative relief. The amount of the fees charged shall be as set forth by the city. Fees shall be paid upon submission of a signed application or notice of appeal.

(Ord. of 12-2003, § 21-8)

If any building is erected, constructed, reconstructed, altered, repaired, converted or maintained, or any building or land is used in violation of this chapter, the building official or any other appropriate authority or any adjacent or neighboring property owner who would be damaged by such violation, in addition to other remedies, may institute injunction, mandamus or other appropriate action in proceeding to prevent such violation.

(Ord. of 12-2003, § 21-10)

1. Any person found in violation of any provision of the chapter shall be subject to a fine of not more than $500.00 per violation or imprisoned in the city jail for not more than 60 days, or both, and in addition shall pay the cost of such action. Each offense shall constitute a separate offense for each day such violation continues.
2. The city, through its attorney or other official designated by the city council may, in addition to other remedies, institute injunction mandamus or other appropriate action or proceeding to enforce the provisions of this chapter.
3. Any building erected in violation of this chapter shall be deemed an unlawful structure, and the building official, city attorney, or other official designated by the city council may bring appropriate action to enjoin such erection or cause it to be vacated or removed.

(Ord. of 12-2003, § 21-9)

1. Any person or persons severally or jointly aggrieved by any decision of the zoning board or the mayor and city council relating to the regulations set forth in this chapter or with any official charged with the enforcement of any order, requirement or decision of said city council, any time may take an appeal to the county superior court in the manner provided by state law.
2. If appeal is not filed in the manner and within the time provided by state law, the decision of the zoning board or the city council, or any official charged with the enforcement of any order, requirement or decision in connection therewith, shall be final.

(Ord. of 12-2003, § 21-11)

The zoning board is hereby established to hear and decide appeals and to recommend action to the mayor and city council for variances from the terms of this chapter.

(Ord. of 12-2003, §§ 3-1, 3-1.1(a))

There shall be a zoning board consisting of six members appointed by the mayor and city council. Members appointed to the zoning board shall hold no other public office. All members shall be qualified electors of the city. Members shall serve overlapping terms of four years, except for the initial appointment in which three members shall be appointed for initial terms of four years and three members shall be appointed for three-year terms of office. Zoning board members may be appointed to succeed themselves and for terms of four years.

(Ord. of 12-2003, § 3-1.1(b))

Vacancies shall be filled for unexpired terms. A vacancy in a term of office shall occur whenever the mayor and city council finds that a member has resigned, or when the mayor and city council shall have dismissed a member because of his repeated failure to attend meetings of the zoning board without just cause, or because the member has been guilty of malfeasance or misconduct in office.

(Ord. of 12-2003, § 3-1.1(c))

The zoning board shall hold an annual organizational meeting and shall elect a chairperson and vice-chairperson from among its members before proceeding to any other matters of business. Newly appointed members shall be installed at the first regular meeting after their appointment.

(Ord. of 12-2003, § 3-1.1(d))

The zoning board may adopt its own rules of procedure and keep a record of its proceedings in accordance with the state statutes and these regulations.

The zoning board shall meet at the call of the chairperson and shall designate the time and place of its meetings. The members of the zoning board shall regularly attend meetings and public hearings of the zoning board. Minutes shall be kept of all zoning board proceedings. All zoning board meetings shall be open to the public. Whenever feasible the agenda for each meeting shall be made available in advance of the meeting.

(Ord. of 12-2003, § 3-1.2)

Four members of the zoning board shall constitute a quorum for the conduct of business. All actions of the zoning board shall be taken by a majority vote, a quorum being present.

(Ord. of 12-2003, § 3-1.3; Ord. of 3-2011)

The zoning board does not have the power to amend any zoning ordinance regulations, to rezone any land, to declare this chapter or any amendment thereto invalid or to allow any use not permitted by this chapter. The zoning board does have the power and duty to:

1. Recommend to the mayor and city council changes in the zoning ordinance that the zoning board believes are appropriate.
2. Recommend to the mayor and city council approval, disapproval or other action on all requests for zoning changes as provided in this chapter.
3. Hear requests for the interpretation of the official zoning map and for any special questions upon which the zoning board is authorized to pass.
4. To hear and decide appeals where it is alleged by the appellant that there is error in any order, requirement, permit, decision, determination or refusal made by the building official or other administrative official in the carrying out or enforcement of any provision of this chapter, as provided in this chapter.
5. The zoning board shall hear and recommend to the mayor and city council applications for variances from the requirements of this chapter, as provided in this chapter.
6. Conduct such other business and affairs as may be, from time to time, designated by the mayor and city council.

(Ord. of 12-2003, § 3-1.4(a)—(d))

Any person or persons, jointly or separately, aggrieved by any decision of the zoning board may appeal to the county superior court in the manner provided by state law.

(Ord. of 12-2003, § 22-5)