The zoning enforcement official shall be the building official of Peach County, Georgia, or any public official of the county designated by the county commission whose duties and powers are as follows:

111.1. The zoning enforcement official is authorized and empowered on behalf and in the name of the county commission to work with the planning commission and to administer and enforce the provisions of this resolution to include receiving applications, presenting applications at the planning commission meetings, inspecting premises, issuing certificates of zoning compliance, building permits, certificates of occupancy for uses [and] structures which are in conformance with the provisions of this resolution.

111.2. The zoning enforcement official does not have the authority to take final action on applications or matters involving variances, nonconforming uses, or other exceptions which this resolution has reserved for public hearings before the board of zoning appeals and the county commission.

111.3. The zoning enforcement official may approve plats of proposed subdivisions of five lots or less where the plat is in conformity with this resolution. Any additional lots above in number out of the original parcel of land within a 36-month period of time from the original approval by the zoning enforcement official shall require the plats to be submitted to the planning commission for approval that the same is in conformity with the resolution and the requirements for subdivisions pursuant to this resolution. The original five or less lots created from the original parcel of land shall be considered a part of any further subdivision of the original parcel.

111.4. The zoning enforcement official shall keep records of all and any permits, including zoning compliance permits and certificates of occupancy issued and all submitted subdivision plats with notations of all special conditions involved. He shall file and safely keep copies of all sketches and plans submitted, and the same shall form a part of the records of his office and shall be made as a public record.

(Amd. of 10-11-2005; Amd. of 4-11-2006)

Permits and certificates shall be issued in accordance with the following provisions:

112.1. Building and zoning compliance permit. The zoning enforcement official shall issue a zoning compliance permit, which may be incorporated into the building permit issued under the building code, for any permitted use of land, construction or structural alteration, provided such proposed use of land or structure, or structural alteration is in conformance with the provisions of this resolution.

112.1.1. An application for a building permit or a mobile home permit where a septic tank must be installed shall be accompanied by two copies of a dimensional sketch or a to-scale plan, signed by the owner, or his authorized agent, to include as a minimum the following: lot dimensions with property line monuments located thereon; shape, size, height, uses, and a percolation test or septic tank permit location of the buildings proposed to be erected, demolished, altered, or moved, and of any buildings already on the lot; yard dimensions and the use of structure, including the number of dwelling units within each structure, where appropriate; easements (private and public); watercourses; fences; street names and street right-of-way lines; and such other information regarding abutting property as directly affects the application.

112.1.2. Each permit shall be conspicuously posted and displayed on the premises described in the permit during the period of construction or reconstruction.

112.1.3. If the proposed excavation, filling, construction, or movement set forth in said sketch or plan is in conformity with the provisions of this resolution and other appropriate codes and regulations of Peach County then in effect, the zoning enforcement official shall sign and retain one copy of the zoning compliance permit and one copy of the sketch or plan for his records.

112.1.4. If the sketch or plan submitted describes work which does not conform to the requirements of this resolution, the zoning enforcement official shall not issue a zoning compliance permit, but shall return one copy of the sketch or plan to the applicant along with a signed refusal and shall cite the portions of this resolution with which the submitted sketch or plan does not comply. The zoning enforcement official shall retain one copy of the sketch or plan and two copies of the refusal.

112.1.5. Any zoning compliance permit shall automatically expire six months from the date of issuance if the person, firm, or corporation to which the certificate or permit was issued has not clearly demonstrated that the permit is being exercised for the purpose for which it was issued, or if the work so authorized is suspended or discontinued for a period of one year.

112.2. Certificate of occupancy. Certificates of occupancy shall be issued by the zoning enforcement official in accordance with the following provisions:

112.2.1. Certificate of occupancy required. A certificate of occupancy is required in advance of occupancy of use of:

(1)

A building erected after January 9, 1973;

(2)

A building altered after January 9, 1973, so as to affect height, or side, front or rear yards; or

(3)

A change of type of occupancy or use of any building on premises.

112.2.2. Issuance of certificate of occupancy. The zoning enforcement official shall sign and issue a certificate of occupancy if the proposed use of land or building, as stated on the application for such certificate and signed thereto by the owner or his appointed agent, is found to conform to the applicable provisions of this resolution and if the building, as finally constructed, complies with the sketch or plan submitted for the zoning compliance permit.

112.2.3. Denial of certificate of occupancy. A certificate of occupancy shall not be issued unless the proposed use of a building or land conforms to the applicable provisions of this resolution or unless the building, as finally constructed, complies with the sketch or plan upon which the zoning compliance permit was issued.

The board of zoning appeals of the unincorporated area of Peach County, Georgia, is hereby established.

113.1. Membership. The board of zoning appeals shall consist of five members appointed by the county commission for overlapping terms of five years.

13.1.1. Initial appointment. The initial appointment of the board of zoning appeals shall be as follows: two members for one year; two members for two years; and one member for three years.

113.1.2. Vacancies. Any vacancy in the membership shall be filled for the unexpired term in the same manner as the initial appointment. Members shall be removable for cause by the county commission upon written charges and after public hearing thereon.

113.1.3. Public offices held. No member shall hold any public office; however, one member appointed may be a member of the planning commission.

113.2. Rules of procedure. The board of zoning appeals shall observe the following procedures:

113.2.1. Said board shall adopt rules in accordance with the provisions of this resolution and state law for the conduct of its affairs.

113.2.2. Said board shall elect one of its members, other than a member of the planning commission, as chairman, who shall serve for one year or until he is reelected or his successor is elected. Said board shall also appoint a vice-chairman and secretary.

113.2.3. The meetings of said board shall be held at the call of the chairman and at such other times as said board may determine. The chairman, or in his absence, the acting chairman, may administer oaths and compel the attendance of witnesses by subpoena.

113.2.4. Except as otherwise provided by law, all meetings of said board shall be open to the public.

113.2.5. Said board shall keep minutes of its proceedings showing the vote of each member upon each question, or if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions, all of which shall be immediately filed in the office of the county clerk and shall be a public record.

The board of zoning appeals shall have the following duties and powers:

114.1. To hear and decide appeals where it is alleged that there is error in any order, requirement decision, or determination made by the zoning enforcement official, or other administrative official, in the enforcement of this resolution.

114.2. To hear and decide special exceptions of the terms of this resolution upon which said board is required to pass under this resolution.

114.3. To authorize upon appeal in specific cases such variance from the terms of this resolution as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of this resolution will, in an individual case, result in unnecessary hardship, so that the spirit of this resolution shall be observed, public safety and welfare secured, and substantial justice done. Such variance may be granted in such individual case of unnecessary hardship upon a finding by the board of [zoning] appeals that:

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

114.3.2. The application of this resolution to this particular piece of property would create an unnecessary hardship; and

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

114.3.4. Relief, if granted, would not cause substantial detriment to the public good or impair the purpose and intent of this resolution.

114.4. No variance or special exception shall be granted for a use of any land or building or structure that is prohibited by this resolution or that is not permitted by this resolution.

114.5. The following criteria shall be applied by the board of zoning appeals in evaluating and deciding any application for special exceptions. No application for special exceptions shall be granted by the board of zoning appeals unless satisfactory provisions and arrangements have been made concerning each of the following factors, all of which are applicable to each application:

114.5.1. Adequacy of the size of the site for the use contemplated and whether or not adequate land area is available for the proposed use including provision of all required yards, open space, off street parking, and all other applicable requirements of the zoning district in which the use is proposed to be located;

114.5.2. Compatibility of the proposed use with adjacent properties and land uses and with the other properties and land uses in the district;

114.5.3. Adequacy of public services, public facilities, and utilities to serve the use contemplated;

114.5.4. Adequacy of the public street on which the use is proposed to be located and whether or not there is sufficient traffic-carrying capacity for the use proposed so as not to unduly increase traffic and create congestion in the area;

114.5.5. Whether or not existing land uses located along access routes to the site will be adversely affected by the character of the vehicles or the volume of traffic generated by the proposed use;

114.5.6. Ingress and egress to the subject property and to all proposed buildings, structures, and the uses thereon, with particular reference to pedestrian and automotive safety and convenience, traffic flow and control, and access in the event of fire other emergency;

114.5.7. Whether or not the proposed use will create adverse impacts upon any adjoining land use by reason of noise, smoke, odor, dust, or vibration generated by the proposed use;

114.5.8. Whether or not the proposed use will create adverse impacts upon any adjoining land use by reason of the hours of operation of the proposed use;

114.5.9. Whether or not the proposed use will create adverse impacts upon any adjoining land use by reason of the manner of operation of the proposed use;

114.5.10. Whether or not the proposed plan is otherwise consistent with the requirements of the zoning district classification in which the use is proposed to be located;

114.5.11. Whether or not the proposed use is consistent with the policies of the comprehensive land use plan;

114.5.12. Whether or not the proposed plan provides for all required buffer zones and transitional buffer zones where required by the regulation of the district in which the proposed use it to be located;

114.5.13. Whether or not there is adequate provision of refuse and service areas;

114.5.14. Whether the length of time for which the special land use permit is granted should be limited in duration;

114.5.15. Whether or not the size, scale, and massing of proposed building are appropriate in relation to the size of the subject property and in relation to the size, scale and massing of adjacent and nearby lots and buildings;

114.5.16. Whether the proposed plan will adversely affect historic buildings, sites, districts, or archaeological resources;

114.5.17. Whether the proposed use satisfies the requirements contained within the supplemental regulation for such special land use permit;

114.5.18. Whether or not the proposed building as a result of its proposed height will create a negative shadow impact on any adjoining lot or building.

(Ord. of 10-14-2003, § 114.5)

Requests for a hearing before the board of zoning appeals for an administrative review, special exception, or a variance shall observe the following procedures:

115.1. An application must be submitted in writing to the zoning enforcement official from whom the appeal is taken and to the board of [zoning] appeals with notice of appeal specifying the grounds thereof.

115.2. An application shall be accompanied by an acceptable site plan with such reasonable information shown thereon as may be required by the zoning enforcement official. Such site plan shall include, as a minimum, the following: lot dimensions with property line monuments located thereon; location and size of existing and proposed structures; yard dimensions and the use of structures; easements (private and public), watercourses; fences; street names and street right-of-way lines; and such other information regarding abutting property as directly affects the application.

115.3. The zoning enforcement official shall cause to have posted in a conspicuous place on the property in question one or more signs, each of which shall not be less than 12 square feet in area and shall contain information as to the proposed change and the date and time of the public hearing, and the cost of each shall be paid by the applicant prior to the public hearing.

115.4. The board of zoning appeals shall fix a reasonable time for the hearing of appeals or other matters referred to said board, give at least 15 but not more than 45 days' public notice thereof as provided in O.C.G.A. § 36-66-4, as well as due notice to the parties in interest, and decide the same within 45 days from the date of such public hearing.

115.5. An appeal stays all legal proceedings in furtherance of the action appealed from, unless the zoning enforcement official certifies to the board of zoning appeals after the notice of appeal shall have been filed with him that, by the reason of facts stated in the certificate, a stay would, in his opinion, cause imminent peril to life or property. In such case, proceedings shall not be stayed otherwise than by a restraining order, which may be granted by the said board or by a court of record, on application, on notice to the official from whom the appeal is taken and on due cause shown.

115.6. In exercising the powers granted the board of zoning appeals in section 114 of this resolution, the said board may, in conformance with the provisions of this resolution, reverse or affirm, wholly or in part, or may modify, the orders, requirements, decisions, or determinations of the zoning enforcement official, and to that end shall have all the powers of the zoning enforcement official and may issue or direct the issuance of a zoning compliance permit.

115.7. A property owner, or his appointed agent, shall not initiate action for a hearing before the board of zoning appeals relating to the same parcel of land more often than once every 12 months without specific approval by the board of zoning appeals.

115.8. Any petition for a hearing before the board of zoning appeals may be withdrawn prior to action thereon by said board at the discretion of the person, firm, or corporation initiating such a request upon written notice to the secretary of said board.

115.9. Any person or persons severally or jointly aggrieved by any decision of the board of zoning appeals may apply for a writ of certiorari by petition to the superior court as provided in O.C.G.A. § 5-4-1 et seq.