(a)

The city manager or designee shall administer and enforce this chapter and carry out the duties required. The city manager or designee may be provided with the assistance of such other persons as the city council may direct.

(b)

If the city manager or designee shall find that any of the provisions of this chapter are being violated, notification shall be given in writing to the person responsible for such violations, indicating the nature of the violation and ordering the action necessary to correct it. Such written notice shall not be a necessary condition precedent to enforcement of this chapter. The city manager or designee shall order discontinuance of illegal work being done or shall take any other action authorized by this chapter to ensure compliance with or to prevent violation of its provisions.

(Ord. of 9-18-2014(2))

(a)

The city council shall establish a schedule of fees, charges and expenses and a collection procedure for rezoning applications, building permits, variances, appeals, and other matters pertaining to this chapter. The schedule of fees shall be posted in the office of the city manager or designee, and may be altered or amended only by the city council.

(b)

Until all applicable fees, charges and expenses have been paid in full, no action shall be taken on any application or appeal.

(Ord. of 9-18-2014(2))

(a)

Required. A development permit and soil erosion permit shall be required for any proposed use of land to indicate and ensure compliance with all provisions of this chapter before any building permit is issued or any improvement, grading or alteration of land commences.

(b)

Application. All applications for development and soil erosion shall be made to the city manager or designee and shall be accompanied by complete plans, drawn to scale, signed by the author with his address, and showing all site information.

(c)

Issuance. All development permits issued by the city manager or designee shall in no case grant any development permit for the use, construction or alteration of any land if the land as proposed to be used, constructed or altered could be in violation of any of the provisions of this chapter or any other codes and laws of the city or the state, except as provided herein.

(d)

Duration of validity. A development permit shall be valid for one year from its issuance subject to the following provisions: If the work described in any development permit has not been begun within one year from the date of issuance thereof, said permit shall expire, and if work described in any development permit has not been substantially completed within two years of the date of the issuance thereof, said permit shall expire. Written notice of the expiration shall be given to the persons affected together with notice that further work as described in the canceled permit shall not proceed until a new development permit has been obtained.

(Ord. of 9-18-2014(2))

(a)

Conditions requiring permit. No building or other structure shall be erected, moved, added to, or structurally altered to a value of $50.00 or more without a building permit being issued by the city manager or designee. No building permit shall be issued until the applicant has complied with the provisions of this chapter.

(b)

Application. All applications for building permits shall be accompanied by plans in duplicate, drawn to scale, showing the actual dimensions of the lot and of any existing buildings or structures; the shape, size, height, use, and the location on the lot of the building or structure proposed to be erected or altered; and such other information as may be necessary to provide for the enforcement of the provisions of this chapter.

(c)

Approval. One copy of the layout or site plan shall be returned when approved by the city manager or designee, together with any permit to the applicant upon payment of any fee or fees as shall be determined by the city council.

(d)

Revocation. If no substantial construction progress has been made within six months of the date of the issuance of the building permit, the permit becomes void. Building permits shall not be transferable.

(e)

Records to be maintained. The city manager or designee shall maintain a record of all building permits issued.

(f)

Restrictions on issuance. No building permit shall be issued by any officer, department or employee of the city unless the application for such permit has been examined by the city manager or designee certifying that the proposed building, structure or alteration complies with all provisions of this chapter. Building permits may not be issued on properties for which city taxes are delinquent. Any building permit issued in conflict with the provisions of this chapter shall be null and void.

(Ord. of 9-18-2014(2))

Building permits or certificates of occupancy issued on the basis of plans and applications approved by the city manager or designee authorize only the use, arrangement, and construction set forth in such approved plans and applications, and any other use, arrangement or construction at variance with that authorized shall be deemed violation of this chapter.

(Ord. of 9-18-2014(2))

(a)

A certificate of occupancy issued by the city manager or designee is required in advance of occupancy or use of:

(1)

Any lot or change or extension in the use thereof.

(2)

A building or structure hereafter erected or change in the use of an existing building or structure.

(b)

Any nonconforming use that is existing at the time of the enactment of the ordinance codified in this chapter or an amendment thereto, or that is changed, extended, altered or rebuilt thereafter, the certificate of occupancy shall state specifically wherein the nonconforming use fails to meet the provisions of this chapter.

(c)

A certificate of occupancy, either for the whole or part of a building, shall be applied for, and shall be issued within five days after the erection or structural alterations of such building, or part, have been completed in conformity with the provisions of this chapter. A certificate of occupancy shall not be issued unless the proposed use of a building or land conforms to the applicable provisions of this chapter. If the certificate of occupancy is denied, the city manager or designee shall state in writing the reasons for refusal and the applicant shall be notified of the refusal. A record of all certificates shall be kept on file in the office of the city manager or designee and copies shall be furnished on request to any persons having a proprietary or tenancy interest in the building or land involved.

(Ord. of 9-18-2014(2))

Except for density and use variances, the city manager or designee shall have the power to grant administrative variances from the development standards of this chapter, where, in his opinion, the intent of the chapter can be achieved and equal performance obtained by granting a variance. The authority to grant such variances shall be limited to the following requirements:

(1)

Front yard or yard adjacent to public street: Variance not to exceed ten feet.

(2)

Side yard: Variance not to exceed five feet.

(3)

Rear yard: Variance not to exceed five feet.

(4)

Height of building: Variance not to exceed five feet.

(5)

Distance between buildings on the same lot: Variance not to exceed five feet.

(6)

Parking: Not to exceed ten percent of that required. Handicapped parking is excluded.

(7)

Buffer: May reduce by 25 percent where the intent of the required buffer can be equally or otherwise achieved, if buffer is not a condition of zoning.

(Ord. of 9-18-2014(2))

(a)

Conditions for granting. Any variance from the requirements of this chapter and not listed in section 119-33 is a major variance. Such relief may be granted by the city council upon a finding that compliance with such provision will result in a hardship to the property or owner that is substantially unwarranted by the protection of the public health, safety or general welfare, and the need for consistency among all properties similarly zoned.

(b)

Restricted to hardship. Such relief may be granted only to the extent necessary to alleviate such unnecessary hardship and not as a convenience to the applicant nor to gain any advantage of interest over similarly zoned properties.

(c)

Application procedure. Applications for major variances will follow the same requirements set forth in division 3 of this article for documentation, notice and public hearings.

(d)

Standards for approval. A major variance may be granted in whole or in part, or with conditions, in such individual case of unnecessary hardship upon a finding by the city council that:

(1)

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

(2)

There are conditions that are peculiar to the property that adversely affect its reasonable use or usability as currently zoned; and

(3)

The application of the requirements of this chapter to the particular piece of property would create an unnecessary hardship; and

(4)

Relief, if granted would not cause substantial detriment to the public good or impair the purpose and intent of this chapter; provided, however, that no variance may be granted for a use of land or building or structure that is prohibited in a given district by this chapter.

(e)

Limitations on approval. In no case shall a major variance be granted for any of the following:

(1)

A condition created by the applicant, including the result of an unwise investment decision or real estate transaction.

(2)

A change in the conditions of approval imposed through a rezoning granted by the city council.

(3)

Reduction of a minimum lot size required by a zoning district.

(4)

A use of land or building or structure that is not permitted by the zoning district applicable to the property.

(5)

An increase in the number of dwelling units or nonresidential building floor area otherwise permitted by the zoning district that is applicable to the property.

(f)

Denial. If denied, a request for a major variance affecting the same property shall not be reconsidered for a period of 12 months from the date of denial by the city council.

(Ord. of 9-18-2014(2))

Any person aggrieved by a decision or interpretation of the city manager or designee or any other administrative official of the city made under this chapter may initiate as appeal of such decision or interpretation to the city council. Such appeal shall be taken within 30 days of the decision or interpretation appealed by filing written notice with the city manager or designee and specifying fully the grounds thereof. The city manager or designee will transmit the notice to the city council for consideration in its normal course of business.

(1)

Action by the city council. The city council, upon appeal of aggrieved party or at the request of the city manager or designee, shall:

a.

Decide appeals from any order, determination, decision or other interpretation by any person acting under authority of this chapter, where a misinterpretation or misapplication of the requirements or other provisions of this chapter are alleged.

b.

Interpret the use of words or phrases within the context of the intent of this chapter.

c.

Determine the boundaries of the various zoning districts where uncertainty exists.

d.

Interpret such other provisions of this chapter as may require clarification or extension in specific or general cases.

(2)

Temporary suspension of legal proceedings. An appeal of an administrative decision stays all legal proceedings in furtherance of the action appealed from unless the official from whom the appeal is made certifies to the city council, after notice of the appeal shall have been filed, that by reason of facts stated in the certificate a stay would cause imminent period to life or property. In such case, proceedings shall not be stayed otherwise than by a restraining order granted by a court of competent jurisdiction.

(3)

Further appeal. A decision by the city council shall be final and may be appealed only to a court of competent jurisdiction. Such appeal must be taken within 30 days of the decision by the city council.

(Ord. of 9-18-2014(2))

(a)

Membership. A planning commission is hereby established which shall consist of seven members that are appointed by majority vote of council for terms of four years. Four members shall serve for a term expiring at the April planning commission meeting in the year 2022. Successors to those four members, who shall be appointed at the first council meeting in April 2022, shall serve the four-year term, expiring at the April planning commission meeting in the year of 2026. Such successors thereafter of these positions shall also serve four-year terms. Three members shall serve for a term expiring at the April planning commission meeting in the year 2024. Successors to those three members, who shall be appointed at the first council meeting in April 2028, shall serve a four-year term.

(b)

[Expiration.] At the expiration of his or her term, the member shall continue to serve until a successor member is appointed by the council. If a member's position becomes vacant as a result of death, resignation, forfeiture of the position, or removal, the council will appoint a qualified citizen to serve out the remainder of that member's term.

(c)

Swearing-in. All members shall be sworn in by oath by the mayor.

(d)

Allocation of seats. All members appointed shall be assigned to individual seats recognized by numbers of post. Post 1, Post 2, Post 3, and Post 4 shall be the seats of those members appointed to serve the term expiring in April of 2022. Post 5, Post 6, and Post 7 shall be seats of those members appointed to serve the term expiring in April of 2024.

(e)

Qualifications. Members must be a resident of the city and have been so for one year or more. None of the members shall hold public office or other position with the city. Members shall be eligible for reappointment.

(f)

Chairperson; quorum. The planning commission shall elect a chairperson who shall serve in that position for a period of two years. The chairperson shall be eligible for re-election following each term. Four members and the chairperson shall constitute a quorum for conducting any business before commission. A quorum must be present in order to transact any business. The presiding chairperson shall be entitled to vote only in the case of a tie.

(Ord. of 9-18-2014(2); Ord. of 11-12-2020(1), § 1)

The planning commission shall meet at least once each month to perform their duties as follows:

(1)

Make preliminary review of proposed rezonings and offer suggestions for conformance to the city's desire for comprehensive land use planning.

(2)

Review requests for rezonings, text amendments, special uses, major variances, or annexations at public hearings to obtain neighborhood input into the request.

(3)

Make recommendations to the city council for approval, denial or conditional approval to requests.

(4)

Initiate studies found to be necessary to provide proper planning for the future development of the city as pertains to land use, recreation, traffic routing and flow, utilities expansion, and the provision of other municipal services. Such studies must be approved by the council prior to being initiated.

(Ord. of 9-18-2014(2))

Planning commission actions are subject to approval by the council.

(Ord. of 9-18-2014(2))

(a)

Proposed by city council or property owners. From time to time, zoning decisions as defined by O.C.G.A. § 36-66-3 may be proposed by the city. Rezonings of property, special uses and major variances may be initiated by a party other than the city. Unless initiated by the city council, the owner of a majority interest in the property affected or their authorized representative shall initiate all such applications.

(b)

Application procedures; information required. The following procedures shall be followed when a zoning decision or major variance is proposed by a party other than the city:

(1)

Any person desiring to submit an application requesting a change in zoning district, a special use or a major variance shall file such application with a plat of the affected property and payment of the appropriate nonrefundable fee, with the city manager or designee.

(2)

The application shall include a statement of development of the property (i.e., land use, setbacks, buffers, building height, access parking and loading) and other supporting documentation as may be required by the city manager or designee.

(3)

An application shall be filed and required fees paid no later than the deadline as established by the city manager or designee prior to the scheduled planning commission meeting at which time the request will be heard.

(4)

A written justification for the request, submitted in letter form, shall accompany the application.

(5)

Names and addresses of adjoining property owners shall be provided as part of the application.

(6)

A correct legal description of the property shall accompany the application.

(7)

A legible sketch of the property shall accompany the application. Such plat shall include, but not be limited to, the following information and other necessary information that may be required by the city manager or designee:

a.

A correct scale and north arrow, land lot and district, acreage and bearings and distances of all property boundaries.

b.

The proposed land use as it would appear should the application be approved to include the following: a sketch plan drawing to scale indicating footprint of the building and layout of parking/loading spaces and points of ingress/egress.

c.

The present zoning classification of all adjacent parcels and proposed zoning classification and/or special use of the subject parcel.

d.

The location and extent of required buffer areas, depicting extent of natural vegetation and type and location of additional vegetation if required.

e.

Location of the intermediate (100-year) regional floodplain and all structures within the 100-year floodplain.

(c)

An application shall not be withdrawn by the applicant after the legal advertising has been published.

(Ord. of 9-18-2014(2))

(a)

The city manager or designee, upon receiving an application for rezoning, whether initiated by the city council or third party, a special use or a major variance, shall do the following:

(1)

Consult with other departments of the city to fully evaluate the impact of any zoning change, special use or major variance upon public facilities and services including, but not limited to, schools, drainage, traffic and related facilities;

(2)

Conduct a site review of property and surrounding area;

(3)

Review each application with reference to its appropriateness and effect on existing land use and its compliance with policy and map provisions of the comprehensive plan; and

(4)

In the case of a zoning change or special use, report its findings and recommendation to the planning commission and city council, which report shall be a matter of public record; or

(5)

In the case of a major variance, report its findings to the planning commission and city council, which report shall be a matter of public record.

(b)

The city manager or designee's report may recommend amendments to the applicant's request which would reduce the land area for which the application is made, change the district requested to a less intensive use or lower density than requested or, in the case of a special use or zoning change or major variance, recommend such additional conditions regarding the location, character and other features of the application which may be deemed advisable so that the purpose of this chapter will be served, health, public safety, aesthetics and general welfare secured.

(Ord. of 9-18-2014(2))

(a)

Legal notice. Notice of the public hearing pursuant to this division shall be published in a local paper of general circulation within the city, the legal organ in which are carried the legal advertisements of the city, advertising the application and date, time, place and purpose of the public hearing at least 15 days prior to the first public hearing but no more than 45 days prior to the date of the first hearing conducted by the planning commission. If the application is for amendment to the original zoning map, special use or major variance, then the notice shall also include the location of the property, the present zoning district of the property, and the proposed district of the property.

(b)

Signs posted. At least 15 days prior to the planning commission public hearing, the city manager or designee shall post on a conspicuous place on the property for which the application has been submitted, a sign that shall:

(1)

Be readable from each street or road on which the property fronts, or if the property has no street frontage, from each street from which access will be gained;

(2)

Clearly indicate:

a.

The property's present zoning classification;

b.

The proposed zoning classification, special use or major variance;

c.

The date of the hearing; and

d.

The location of the hearing.

(3)

Be maintained by applicant to prevent removal from property or destruction during the public hearing process.

(c)

Letters to abutting owners. The city manager or designee shall give notification of the requested application by regular mail to all abutting owners as shown by county tax records. Such notification shall be mailed at least 15 days prior to the planning commission public hearing and shall include a description of the application, the date, time and place of public hearings.

(d)

Notwithstanding any other provision of this chapter to the contrary, when a proposed zoning decision relates to an amendment of the zoning ordinance to revise one more zoning classification or definitions relating to single-family residential uses of property so as to authorize multifamily uses of property pursuant to such classification or definitions, or to grant blanket permission, under certain or all circumstances, for property owner to deviate from the existing zoning requirements of a single-family residential zoning, such zoning decision shall follow the required notice procedures of O.C.G.A. § 36-66-4(h)(1).

(Ord. of 9-18-2014(2); Ord. of 6-8-2023, Art. I)

(a)

Required. Before the city council may take final action on a proposed rezoning, special use or major variance, the planning commission and the city council shall each hold a public hearing on the request.

(b)

Procedures. The public hearings shall be conducted in the following manner:

(1)

The planning commission chair or mayor or designated appointee, who will act as presiding official, will convene the public hearing at the scheduled time and place.

(2)

The presiding official will call for each application to be presented.

(3)

No person in attendance is to speak unless first formally recognized by the presiding official. Upon rising to speak each person is to state his name and home address.

(4)

Time limits. The presiding official may place reasonable time limits on the number of persons who may speak for or against a request, on the time allowed each speaker, and on the total time allowed for presentation of and opposition to the request (giving equal time to both proponents and opponents).

a.

No less than ten minutes is to be provided for all those speaking in support of the requests and no less than ten minutes is to be provided for all of those speaking against, unless such proponents or opponents take less time than the minimum allowed.

b.

If reasonable time limitations permit, any member of the general public may speak at the public hearing.

(5)

The applicant will be allowed to speak first in order to present the application. Others in support of the application may then speak, followed by those in opposition to the request. The applicant may then be allowed time for rebuttal if adequate time remains. Rebuttal must be limited to points or issues raised at the hearing by opponents to the request.

(6)

During the hearing, members of the planning commission or the city council may ask questions at any time. Time devoted to questions and answers will not be counted against any time limitations that have been imposed on presentations.

(c)

Recommendation and consideration.

(1)

The planning commission shall make its recommendation at the next regular business meeting following its public hearing. The planning commission's action may include recommendations for amendments and/or conditions of approval it deems advisable. A failure to make a recommendation shall go forward as "No Recommendation."

(2)

At the next regular business meeting following its public hearing, the city council shall consider the application. In considering the application, action shall be taken by vote of a quorum present.

(3)

A motion to approve or deny an application must be approved by the affirmative vote of four members of the council in order for the motion to be approved.

(4)

If a motion to approve an application fails to receive four affirmative votes, the application is automatically denied. If a motion to deny fails to receive four affirmative votes, another motion is in order.

(5)

If a vote results in a tie among the councilmembers, the mayor, or vice mayor, shall cast his vote to break the tie.

(6)

If no action is taken on an application, due to lack of a quorum, the application shall be considered tabled and action deferred to the next regular business meeting of the city council.

(d)

Final action. In taking final action on an application, the city council may, where appropriate:

(1)

Approve, approve with conditions or deny the application;

(2)

Approve or approve with conditions any portion of the area proposed for rezoning or special use or major variance thereby reducing the boundaries of the area;

(3)

If the application is to rezone property, rezone the property or any portion to a more restrictive zoning district than that requested;

(4)

Allow withdrawal if requested by the applicant (with or without imposing the 12-month waiting period for reconsideration);

(5)

Table the application for consideration at a specified future regular meeting; or

(6)

Return the application to the planning commission for further consideration.

(Ord. of 9-18-2014(2))

In considering applications for amendments to the zoning ordinance text or official zoning map, granting special uses or in making other zoning decisions, the following factors shall be considered by the city manager or designee, planning commission and city council:

(1)

The impact upon the overall appearance of the city and impacts upon aesthetic conditions of adjacent parcels;

(2)

The impact upon thoroughfare congestion and traffic safety;

(3)

The impact upon population density and the potential for overcrowding and urban sprawl;

(4)

The impact upon the provision of water, sewerage, transportation and other urban infrastructure services;

(5)

The protection of property against blight and depreciation;

(6)

Consistency with the adopted comprehensive plan;

(7)

The impact upon adjacent property owners if the request is approved;

(8)

The impact upon adjacent property owners if the request is not approved;

(9)

Any other factor effecting the health, safety, morals, aesthetics, convenience, order, prosperity, or the general welfare of the present and future inhabitants of the city.

(Ord. of 9-18-2014(2))

An application for rezoning or special use or major variance affecting the same property shall not be considered by the city council more often than once every 12 months from the date of action by the city council either approving or denying the request; provided, however, that the city council may approve a reduction in the waiting period to no less than six months.

(Ord. of 9-18-2014(2))

Any person or persons who may have a substantial interest in any decision of the mayor and council may appeal said final decision to the Superior Court of Walton County. Such appeal shall be filed with the clerk of said court by filing a notice of appeal in writing, setting forth plainly, fully, and distinctly wherein such decision is contrary to law. Such notice of appeal shall be filed within 30 days after the decision of the mayor and council is rendered. A copy of the notice of appeal shall be served on the mayor and council. Appeals to the Superior Court of Walton County shall comply with the provisions of O.C.G.A. § 36-66-5.1.

(Ord. of 9-18-2014(2); Ord. of 6-8-2023, Art. I)

The lawful use of any building or structure of land existing at the time of the enactment or amendment of this chapter may be continued, even though such use does not conform with the provisions of this chapter, except that the nonconforming use shall not be:

(1)

Extended to occupy a greater area of land.

(2)

Extended to occupy a greater area of any building or structure, unless such additional area of the building or structure existed at the time of the passage of amendment of this chapter and was clearly designed to house the same use as the nonconforming use occupying the other portion of the building or structure.

(3)

Re-established after discontinuance for one year.

(4)

Changed to another or different nonconforming use.

(Ord. of 9-18-2014(2))

A nonconforming building or use existing at the time of the enactment or amendment of this chapter may be retained except as follows:

(1)

No building other than a single-family detached dwelling may be enlarged or altered except in conformance with the chapter, but it may be repaired to the extent necessary to maintain it in a safe and sanitary condition.

(2)

No building other than a single-family detached dwelling shall be rebuilt, altered or repaired after damage exceeding 50 percent of the replacement cost of the above ground structure at the time of destruction, except in conformity with this chapter, provided that such damage occurred as a result of fire, flood, wind, earthquake, or other natural disaster.

(Ord. of 9-18-2014(2))

Certain uses of land, buildings and structures have an adverse affect on the orderly development of the community and on the general health and welfare of the citizens. Such uses can reasonably be required to cease after a reasonable time, irrespective of the general rules governing nonconforming uses. The uses which follow shall be removed, discontinued or made conforming within the specified amortization period. Said amortization period shall commence upon the serving of written notice to the owner by the city.

(1)

Fences, walls and foliage that might constitute a hazard by virtue of impairing sight distances at a curve or intersection shall be made conforming within one calendar year.

(2)

All provisions in business or industrial districts of this chapter setting forth specifications for the operation of a business or industry requiring fencing or visual screening shall conform within three calendar years.

(3)

Nonconforming open storage operations, such as truck parking, automobile wrecking or salvage, salvage material storage and similar uses shall conform within two calendar years.

(4)

Mobile home parks and mobile home subdivisions shall conform within three calendar years.

(Ord. of 9-18-2014(2))

No provision of this zoning chapter shall be construed to affect the validity of any of the following:

(1)

Any building permit lawfully issued prior to the adoption of the ordinance codified in this chapter, or any amendment thereto, provided that all time constraints and any procedures for extension specified by such permit shall be observed.

(2)

Any grading permit lawfully authorized prior to the adoption of the ordinance codified in this chapter, or any amendment thereto, provided that all time constraints and any procedures for extension specified by such permit shall be observed.

(3)

Any development permit lawfully authorized prior to the adoption of the ordinance codified in this chapter, or any amendment thereto, upon approval of relevant construction drawings; and such development may proceed to record, provided that all time constraints and conditions relating to the approval are observed, and that the lot size and construction of buildings shall be in accordance with the area and dimensional requirements existing on the date of such approval.

(Ord. of 9-18-2014(2))