A.

Administration. The provisions of this ordinance shall be administered and enforced by the Zoning Administrator who may designate other City staff to assist in the performance of those duties.

B.

Enforcement. In carrying out the administration and enforcement duties of this ordinance, the Zoning Administrator shall also act in accordance with the requirements of all other City regulations regarding code enforcement and may cooperate with other municipal officials in the enforcement of this ordinance.

(Ord. No. 23-03-0010, § 5(Exh. A), 6-22-23)

A.

Basic Duties. The Zoning Administrator shall have the power to grant certificates of zoning compliance, make inspections of premises necessary to carry out his duties in the enforcement of this ordinance, and otherwise carry out the duties assigned herein.

B.

Official Zoning Map. The Zoning Administrator shall be responsible for maintaining the Official Zoning Map.

C.

Enforcement. The Zoning Administrator shall have the authority to determine zoning compliance in accordance with the requirements of this ordinance.

D.

Violations. If the Zoning Administrator finds any provisions of this ordinance being violated, they shall notify the person responsible for the violations, in writing, indicating the nature of the violation and ordering the action necessary to correct it. The Zoning Administrator shall order the discontinuance of illegal use of land, buildings, or structures; removal of illegal buildings or structures or of illegal additions, alterations, or structural changes; discontinuance of any illegal work being done; and shall take any other action authorized by this ordinance to ensure compliance or to prevent violation of its provisions.

(Ord. No. 23-03-0010, § 5(Exh. A), 6-22-23)

A.

Change or Extension of Use. It shall be unlawful to change the type of use or type of building occupancy or to extend any use on any lot on which there is a non-conforming use until the Zoning Administrator has determined the change complies with applicable provisions of this ordinance.

B.

Permit Required. It shall be unlawful to commence excavation for, or construction of, any building or other structure, including accessory buildings exceeding two hundred forty (240) square feet in gross ground floor area and parking areas, or to commence the moving or alteration of any structure, unless the plans, specifications and intended use of such building or structure conforms in all respects to the provisions of this ordinance. The Zoning Administrator shall determine if the project complies with this ordinance according to this section.

1.

It shall be unlawful for the Zoning Administrator to approve any plans, issue permits, or otherwise determine zoning compliance for any excavation, construction, or use until they have inspected the plans in detail and found them in compliance with this ordinance.

2.

Issuance of an approval shall in no case be construed as waiving any provision of this ordinance.

3.

The Zoning Administrator shall not refuse to issue a permit or approval when the applicant complies with conditions imposed by this ordinance and all other applicable city, county, and state regulations. Violations of private contracts, such as covenants or private agreements, which may result from granting a permit, are not cause for denial of the permit.

4.

The Zoning Administrator may refuse to issue zoning approval where there are unresolved or outstanding violations to any City ordinance, including this zoning ordinance. Upon resolution of prior unresolved or outstanding violations, the Zoning Administrator shall issue the approval in accordance with subparagraph 3, above.

5.

When the Zoning Administrator receives an application that requires Planning Commission, City Council, or Zoning Board of Appeals approvals, the Zoning Administrator shall so inform the applicant.

6.

A zoning approval shall not be made until all applicable fees, charges, and expenses have been paid in full.

7.

In the case of a single- or two-family dwelling or an accessory structure on the same lot as a single- or two-family dwelling, the building official may determine zoning compliance during review of a building permit.

C.

Zoning compliance review shall not be required for ordinary repairs or maintenance, including but not limited to roofing, siding, and interior work, provided that such construction does not increase the gross ground floor area of the building, does not change the use of the structure, and/or does not alter the off-street parking area.

D.

A structure that does not require a zoning compliance review shall still comply with the requirements of this ordinance.

E.

If a proposed excavation, construction, moving, or alteration or use of land as set forth in the application is in conformity with the provisions of this ordinance and in conformance with the provisions of the building code, the Zoning Administrator shall determine that the project complies with this ordinance, provided all other requirements are satisfied. If the Zoning Administrator determines that the project or use is not in compliance, the reasons for the rejection shall be stated in writing.

(Ord. No. 23-03-0010, § 5(Exh. A), 6-22-23)

A.

The Zoning Administrator is not, under any circumstance, permitted to grant exceptions to the actual meaning of any clause, order, or regulation contained in the ordinance to any person making application to excavate, construct, move, alter, or use either buildings, structures or land.

B.

The Zoning Administrator shall have the authority to review all plans, applications, and requests prior to such plans, applications, and requests being heard by the Planning Commission or City Council to determine completeness and conformance with the requirements of this ordinance.

C.

The Zoning Administrator shall have the authority to make inspections of buildings or premises necessary to carry out his duties in the enforcement of the ordinance.

D.

The Zoning Administrator may not make changes to this ordinance or vary the terms of this ordinance in carrying out his duties except as authorized by Section 12.80.

E.

The Zoning Administrator shall require every application for excavation, construction, moving, alteration, or change in type of use or type of occupancy, to be accompanied by a site development plan, if required by Article 13, and prepared in accordance with the specifications of Article 13.

(Ord. No. 23-03-0010, § 5(Exh. A), 6-22-23)

The Planning Commission is an appointed body charged with various responsibilities related to the administration and enforcement of the Zoning Ordinance. Among its statutorily mandated responsibilities is that of an advisory role to the City Council related to adopting and amending the ordinance, including changes to the zoning map. Other duties are delegated by this ordinance and described in Section 19.20.

(Ord. No. 23-03-0010, § 5(Exh. A), 6-22-23)

In order to protect the public health, safety, morals, convenience, prosperity, and general welfare, as well as promote efficiency and economy in the development of the City, the Planning Commission shall have the power and duty to:

A.

Prepare a comprehensive plan or parts thereof for the development of the City.

B.

Prepare and recommend for adoption to the City Council a Zoning Ordinance and zoning map for the City and amendments to the Zoning Ordinance.

C.

Review all applications for text and map amendments and all recommendations for text and map amendments referred to it by the City Council and make recommendations thereupon to the City Council.

D.

Prepare and recommend for adoption to the City Council regulations for the subdivision of land within the City and to administer the regulations as applicable.

E.

Prepare and recommend for adoption to the City Council a plat or plats or an official map showing the exact location of the boundary lines of existing, proposed, extended, widened, or narrowed streets, public open spaces, or public building sites, together with regulations to control the erection of buildings or other structures within such lines, within the City or a specified portion thereof.

F.

Review and prepare recommendations regarding all requests, as specified by this ordinance, including, but not limited to, Zoning Map amendments, Zoning Ordinance text amendments, PUD concept plans, special use permits, concept plans, preliminary plats, and final plats involving dedications.

(Ord. No. 23-03-0010, § 5(Exh. A), 6-22-23)

A.

Members, Officers, and Quorum. The membership, election of officers, and quorum for conducting business is established by City Code, as adopted and amended by the City Council.

B.

Meetings and Records. The Planning Commission shall make its own rules of procedure and determine its time of meeting. All meetings of the Planning Commission at which official action is taken shall be open to the public, and all records of the Planning Commission shall be a public record.

C.

Staff and Outside Services. The Planning Commission may, with City Council approval, appoint such employees and staff as it deems necessary for its work and may contract with the State planning agency, City planners, and other consultants for such services as it may require.

D.

Expenditures. The expenditures of the Planning Commission, exclusive of gifts, shall be within the amounts appropriated for the purpose by the City Council.

(Ord. No. 23-03-0010, § 5(Exh. A), 6-22-23)

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The Mayor and City Council, as the City's elected officials, are the sole legislative authority empowered to adopt and amend the Zoning Ordinance. As such, the City Council may, at its discretion, delegate certain non-legislative responsibilities and appoint those boards, commissions, and committees to whom such responsibility is entrusted.

(Ord. No. 23-03-0010, § 5(Exh. A), 6-22-23)

A.

Ordinance Amendments. The City Council, by law, is responsible for adopting and amending this ordinance, including the Zoning Map.

B.

Preliminary and Final Plat Approval. The City Council shall be responsible for acting on requests for preliminary plat approval following receipt of a recommendation from the Planning Commission and final plats when dedications are proposed.

C.

Site Plans. The City Council shall review and act upon all concept site plans related to proposed development projects within the City.

D.

Appointments. The City Council shall appoint those bodies responsible for the administration, enforcement, and implementation of the various provisions of this ordinance that have been delegated to them.

E.

Budget. Approval of budgets and expenditures related to the administration and enforcement of this ordinance is the responsibility of the City Council.

(Ord. No. 23-03-0010, § 5(Exh. A), 6-22-23)

City Council membership, meeting requirements, and procedures shall be as established by City Charter.

(Ord. No. 23-03-0010, § 5(Exh. A), 6-22-23)

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The Zoning Board of Appeals (ZBA) is created as an objective, quasi-judicial body to act on matters specifically authorized by this ordinance, including hearing appeals of certain administrative decisions and considering variance requests from dimensional requirements. It is not within the scope of the ZBA's authority to amend the terms of this ordinance or to permit any use of land or building that is not specifically permitted within a zoning district in question.

(Ord. No. 23-03-0010, § 5(Exh. A), 6-22-23)

A.

The Zoning Board of Appeals shall be composed of five (5) members who shall be residents of the City. Members shall be appointed by the City Council and shall serve for a term of three (3) years; provided, the terms of the members first appointed shall be for varying numbers of years, none exceeding three (3) years, in order to provide for differing expiration dates of member terms.

B.

The City Council shall fill any vacancies and may remove a member for cause after written notice and an opportunity for a public hearing. Cause may include, but shall not be limited to, repeated failure to attend meetings, misfeasance, and malfeasance.

C.

The concurring vote of a majority of the members of the ZBA shall be necessary to reverse any order, requirement, decision, or determination of any administrative official or to decide in favor of the applicant upon any matter which the ZBA is required to pass under this article or to grant any variance from the dimensional requirements of this ordinance.

D.

In the event that any members of the ZBA are absent from a meeting at which the required concurring vote is not obtained, and if the affirmative vote of such absent members would have resulted in the required concurring vote, the matter may, at the discretion of the chairperson, be continued on the agenda for consideration and decision at the next subsequent meeting when all members are present.

E.

The ZBA shall elect a chairperson and vice-chairperson from its members annually and adopt rules of procedure. These rules shall be available for public inspection at the office of the City Clerk.

(Ord. No. 23-03-0010, § 5(Exh. A), 6-22-23)

A.

The Zoning Board of Appeals, in conformity with the provisions of this article, may reverse or affirm, wholly or in part, or may modify any order, requirement, decision, or determination appealed from and shall make such order, requirement, decision, or determination as in its opinion ought to be made in the premises, and to that end shall have all the powers to hear and decide all matters referred to it or upon which it is required to pass under this article.

B.

The provisions of this article are to be construed as consistent with the applicable provisions of the relevant statutes of the State of Georgia. In the event of a conflict between the provisions of this article and other statutory provisions, the statutory provisions shall prevail.

C.

The ZBA, after a public hearing, shall have the power to decide applications related to the following:

1.

Appeals. Where it is alleged by the appellant that there is error or misinterpretation in any order, requirement, decision, grant, or refusal made by the Zoning Administrator, other administrative officer, or body in the carrying out or enforcement of the provisions of this ordinance. The Board of Appeals may, in conformity with the provisions of this ordinance, reverse or affirm, wholly or partly, a decision of an administrative official or may modify the order, requirements, decisions, or determinations of such administrative official and to that end shall have all the powers of such administrative official. In exercising the above powers, the ZBA may issue or direct the issuance of a permit.

2.

Variances. Where by reason of the exceptional narrowness, shallowness, or shape of a specific piece of property, or by reason of exceptional topographic conditions, or other extraordinary situation or condition of the land, building, or structure, or of the use or development of property immediately adjoining the property in question, the literal enforcement of the requirements of this ordinance would involve practical difficulties or would cause undue hardship.

(Ord. No. 23-03-0010, § 5(Exh. A), 6-22-23)

A.

Meetings shall be held at the City offices and shall be open to the public.

B.

A record of the proceedings of each meeting shall be kept by the ZBA, relating evidence presented by the applicant and the resolution by the ZBA, the vote of each member on each question, or, if absent or failing to vote, indicating such fact. These shall be a public record and immediately filed in the office of the ZBA.

C.

The ZBA shall receive reasonable assistance from other departments in carrying out the functions of the ZBA.

D.

The Zoning Board of Appeals shall not consider any variance application or appeal without the payment of an application fee in an amount established by the City Council. The application or appeal shall be filed with the Zoning Administrator, who shall transmit the application, together with all plans, specifications, and other papers pertaining to the application or appeal, to the City Clerk.

E.

An appeal from any ruling of the Zoning Administrator or other person administering any portion of this ordinance may be filed by any person affected or aggrieved, including the City. Notice of the appeal shall be filed with the Zoning Administrator specifying the grounds for the appeal and shall be filed within fifteen (15) calendar days after the order, requirements, decision, or determination appealed from is made.

F.

An appeal shall stay all proceedings in furtherance of the action appealed from unless it is determined that a stay would, in the opinion of the Zoning Administrator, cause imminent peril to life or property. In such case, proceedings shall not be stayed otherwise than by restraining order which may be granted by the ZBA or by a court of competent jurisdiction on application.

G.

When a variance application or appeal has been filed in proper form and with the required data, the Zoning Administrator shall immediately place the application or appeal upon the calendar for hearing and cause notices stating the time, place, and object of the hearing to be served. Notices shall be given in accordance with Section 12.40. Any party may appear at the hearing in person or by representative.

H.

Upon the day for hearing any variance application or appeal, the ZBA may adjourn the hearing in order to obtain additional information or to cause further notice, as it deems proper, to be served upon other property owners as it decides may be interested in the application or appeal. In the case of an adjourned hearing, persons previously notified and persons already heard need not be notified of the resumption of the hearing.

I.

No application for a variance that has been denied wholly or in part by the ZBA shall be resubmitted except upon proof of changed conditions satisfactory to the Zoning Administrator.

(Ord. No. 23-03-0010, § 5(Exh. A), 6-22-23)

A.

The ZBA shall decide all variance applications and appeals within thirty (30) days after the final hearing. A copy of the ZBA's decision shall be transmitted to the applicant or appellant and to the Zoning Administrator. Such decision shall be binding upon the Zoning Administrator, who shall incorporate the terms and conditions of the decision in the permit to the applicant or appellant whenever a permit is authorized by the ZBA. The decision of the ZBA shall be final and may only be appealed to a court of competent jurisdiction.

B.

Consideration of any appeal shall be based solely on the record upon which the original administrative decision was made. New evidence or testimony that was not part of the original record shall not be heard by the ZBA.

C.

A variance from the provisions or requirements of this ordinance shall be authorized only upon an affirmative finding by the ZBA, based upon competent material and substantial evidence on the whole record, that all of the following criteria are satisfied:

1.

There are unusual, exceptional, or extraordinary circumstances or conditions applying to the property that do not apply generally to other property in the same vicinity or use district, and such conditions are not the result of the owner's or occupant's own actions. Such conditions may include topography, unique natural conditions, or the size or peculiar shape of the lot.

2.

As a result of such unusual circumstances or conditions, there is an unnecessary hardship or practical difficulty that renders it difficult to carry out the provisions of this Code.

3.

Granting the requested variance would not be contrary to the intent and purpose of this ordinance.

4.

The variance approved is the minimum variance that will make possible the legal use of the land, building, or structure.

5.

Granting the variance will not result in the authorization of a use not otherwise permitted in the district in which the property is located or cause substantial detriment to the public good.

D.

The cost of compliance with the ordinance requirements or a nonconforming use of neighboring lands, structures, or buildings shall not be considered grounds for granting a variance.

(Ord. No. 23-03-0010, § 5(Exh. A), 6-22-23)

Unless otherwise specifically provided by the ZBA as a condition of approval, any variance granted by the ZBA shall automatically become null and void after a period of twelve (12) months from the date granted unless the owner or their agent has demonstrated that substantial steps have been taken toward effecting the variance. Building permits shall only be granted for plans consistent with the approved application. Any deviation from the information submitted will require a new public hearing and approval by the ZBA.

(Ord. No. 23-03-0010, § 5(Exh. A), 6-22-23)

All decisions of the Board of Appeals are final. Any appeal of a ZBA decision shall be filed with a court of competent jurisdiction in Chatham County.

(Ord. No. 23-03-0010, § 5(Exh. A), 6-22-23)

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A.

Intent. It is recognized that there may exist within Zoning Districts certain lots, buildings, structures, and/or uses that were lawfully created before this ordinance was passed or amended but are now prohibited, regulated, or otherwise restricted under the terms of this ordinance. It is the intent to permit these legal nonconformities to continue until removed but not to encourage their survival.

B.

Incompatibility. Nonconforming lots, buildings, structures, and uses are hereby declared to be incompatible with the provisions of the district in which they are located. Such nonconformities shall not be enlarged upon, expanded, or extended, except as otherwise permitted in this article, and shall not be used as grounds for adding other buildings, structures, or uses prohibited elsewhere in the district.

C.

Lawful Construction. Nothing in this ordinance shall be deemed to require a change in the plans, construction, or designated use of any building on which actual construction was lawfully begun prior to the effective date of adoption or amendment of this ordinance and upon which actual building construction has been diligently conducted.

D.

Illegal Nonconformity. Nothing in this ordinance shall be interpreted as authorization for, or approval of, continuing the use of a structure or premises which was not legally created and in existence at the time of the adoption or amendment of this ordinance.

(Ord. No. 23-03-0010, § 5(Exh. A), 6-22-23)

A.

Use of Lot. Where a lot of record in existence at the time of adoption or amendment of this ordinance does not meet the minimum requirements for lot width or lot area, the lot of record may be used for any permitted or special use allowed in the district in which the lot is located; provided, any building or structure constructed on the lot complies with all other applicable requirements for the zoning district.

B.

Contiguous Nonconforming Lots. If two (2) or more contiguous vacant lots in existence at the time of the passage of this ordinance, or an amendment thereto, under single ownership do not meet the requirements established for lot width or lot area, the lands involved shall be considered to be an undivided parcel for the purposes of this ordinance. No portion of that undivided parcel shall be used or divided in a manner that diminishes compliance with lot width and area requirements established by this ordinance.

(Ord. No. 23-03-0010, § 5(Exh. A), 6-22-23)

A.

Use Restriction. A nonconforming use shall not be enlarged or increased nor extended to occupy a greater area of land than was occupied at the effective date of adoption or amendment of this ordinance. The extension of a lawful nonconforming use throughout all portions of a single building or structure existing at the effective date of this ordinance shall not be considered an expansion of a nonconforming use.

B.

Moving a Nonconforming Use. No part of any nonconforming use shall be moved unless that movement eliminates or reduces the nonconformity.

C.

Abandonment. If a nonconforming use is abandoned for any reason for a period of more than twelve (12) months, any subsequent use shall conform to the requirements of this ordinance. A nonconforming use shall be determined to be abandoned if one (1) or more of the following conditions exists, and which shall be deemed to constitute an intent on the part of the property owner to abandon the nonconforming use:

1.

Utilities, such as water, gas, and electricity to the property, have been disconnected;

2.

The property, buildings, and grounds have fallen into disrepair;

3.

Signs or other indications of the existence of the nonconforming use have been removed;

4.

Equipment or fixtures necessary for the operation of the nonconforming use have been removed; or

5.

Other actions which, in the opinion of the Zoning Administrator, constitute an intention on the part of the property owner or lessee to abandon the nonconforming use.

D.

Change to Another Nonconforming Use. A nonconforming use may be changed to another nonconforming use provided all the following determinations are made by the Zoning Administrator:

1.

The proposed use shall be as, or more, compatible with the surrounding neighborhood than the previous nonconforming use, considering factors such as hours of operation, traffic, noise, and similar external impacts.

2.

The proposed nonconforming use shall not be enlarged, increased, or extended to occupy a greater area of land or building than the previous nonconforming use.

3.

That appropriate conditions and safeguards are provided that will ensure compliance with the intent and purpose of this ordinance.

E.

Change to a More Restrictive Use. A nonconforming use which is changed to a conforming use or to another nonconforming use of a more restrictive classification shall not be permitted to revert to the original or less restrictive use.

F.

Outdoor Uses. Uses consisting of lots occupied by storage yards, used car lots, auto wrecking, junk yards, golf driving ranges, miniature golf courses, and similar outdoor uses, where the only buildings on the property are ancillary to the outdoor use and where the use is nonconforming, shall be subject to the following restrictions, in addition to all other applicable provisions of this article.

1.

Nonconforming outdoor uses of land shall only be converted to a conforming use.

2.

When a nonconforming outdoor use of land has been changed to a conforming use, it shall not be used again for any other nonconforming use.

3.

A nonconforming outdoor use of land shall not be enlarged to cover more land than was occupied by that use when it became nonconforming.

4.

When any nonconforming outdoor use of land is discontinued for a period of more than six (6) months, any future use of the land shall be limited to those uses permitted in the zoning district under which the property is governed. Vacancy and/or nonuse of the land for more than six (6) months, regardless of the intent of the owner or tenant, shall constitute discontinuance under this provision.

(Ord. No. 23-03-0010, § 5(Exh. A), 6-22-23)

A.

Building Restrictions. Where a lawful building or structure exists at the effective date of this ordinance, or an amendment thereto, but does not comply with one (1) or more dimensional requirements of this ordinance, such as building coverage, height, or setbacks, that building or structure may continue to be occupied and used so long as it remains otherwise lawful, subject to the following provisions:

1.

No nonconforming building or structure may be enlarged or altered in a way that increases its nonconformity, except in cases in which the setback of a building or structure is nonconforming by less than fifty (50) per cent of the distance required by this ordinance. Only in such cases the building or structure may be extended along the same plane as the existing nonconforming setback, provided that, in so doing, the setback itself is not further reduced.

2.

In the event that a nonconforming building or structure is destroyed to the extent of more than fifty (50) per cent of its replacement value, exclusive of the foundation, it shall be reconstructed only in conformity with the provisions of this ordinance.

3.

If a nonconforming building or structure is moved for any reason and for any distance, it shall be moved to a location that complies with the requirements of this ordinance.

B.

Normal Repairs and Maintenance. None of the provisions of this section are meant to preclude normal repairs and maintenance on any nonconforming building or structure that would prevent strengthening or correcting any unsafe condition of the building or structure.

(Ord. No. 23-03-0010, § 5(Exh. A), 6-22-23)

A.

Continued Use of Site. The use of nonconforming sites may be continued, and sites are not required to be upgraded to conform with this ordinance so long as no site development improvements are initiated.

B.

Conformance. Conformance with all applicable site development requirements shall be demonstrated during site plan amendment review or plan reviews for the complete redevelopment of sites. However, for site plan changes, only the affected area of a site must be brought to conformance.

(Ord. No. 23-03-0010, § 5(Exh. A), 6-22-23)

A.

Uncompleted Structures. If a permitted construction project remains dormant for more than twelve (12) months, the building permit and all other permits shall become null and void. The owner of such uncompleted structure may maintain the structure in its existing condition for up to six (6) months while awaiting new permits. If the applicant does not receive the necessary permits within the six (6) month period, the uncompleted structure shall be removed. The City Council may grant one (1) extension of up to twelve (12) additional months where it is found that circumstances beyond the owner's control, such as extreme weather conditions, availability of materials, or labor shortages, have caused delays.

B.

Errors and Violations. The issuance or granting of a permit or approval of plans or specifications shall not be considered as approval for any violation of any provision in this ordinance. No permit presuming to give the authority to violate or cancel any provision of this ordinance shall be valid.

C.

Illegal Nonconformity. Any lot, use, building, or structure established in violation of the provisions of this ordinance or any prior ordinance or amendment shall not be considered a legal nonconformity and shall not be entitled to the provisions, remedies, and safeguards of this article.

(Ord. No. 23-03-0010, § 5(Exh. A), 6-22-23)

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A.

Intent. In the interpretation and application of this ordinance, all provisions shall be held to be minimum requirements adopted for the promotion of the public health, morals, safety, comfort, convenience, or general welfare. It is not intended by this ordinance to repeal, abrogate, annul, or in any way to impair or interfere with any existing provision of law or ordinance other than this zoning ordinance; or with any rules, regulations, or permits previously adopted or issued or which shall be adopted or issued pursuant to the law relating to the use of buildings or premises; provided, however, that where this ordinance imposes a greater restriction than is required by any existing ordinance or by rules, regulations, or permits, the provisions of this ordinance shall control. Nothing in this ordinance shall be interpreted or construed to give rise to any permanent vested rights in the continuation of any particular use, district, zoning classification, or any permissible activities therein; and they are hereby declared to be subject to subsequent amendment, change, or modification as may be necessary to the preservation or protection of public health, safety, morals and general welfare.

B.

Administration. The provisions of this ordinance shall be administered and enforced by the Mayor and City Council, Planning Commission, Zoning Board of Appeals, Zoning Administrator, and their respective designees. The Zoning Administrator shall, among other duties, issue all permits, and notices of violations provided for in this ordinance.

(Ord. No. 23-03-0010, § 5(Exh. A), 6-22-23)

A.

Enforcement. Enforcement of this ordinance is the responsibility of the Zoning Administrator, who shall, jointly with other inspections personnel, have the right to withhold permits. The Zoning Administrator shall not have the authority to grant approval to any permit for a use, activity, building, structure, or other physical change that does not meet the requirements of the Zoning Ordinance.

B.

Complaints Regarding Violations. Whenever the Zoning Administrator receives a written, signed complaint alleging a violation of this ordinance, he or she shall investigate the complaint, take whatever action is warranted, and inform the complainant in writing what actions have been or will be taken.

C.

Persons Liable for Violations. The owner, tenant, or occupant of any building or land, or part thereof and any architect, engineer, builder, contractor, agent, or other person who participates in, assists, directs, creates, or maintains any situation that is contrary to the requirements of this ordinance may be held responsible for the violation and suffer the penalties and be subject to the remedies herein provided.

D.

Enforcement. When the Zoning Administrator finds that any provision of this ordinance is being violated, the Zoning Administrator or designee shall execute the following procedures:

1.

Send a written notice to the person responsible for such a violation, indicating the nature of the violation, ordering the action necessary to correct it, and setting a time limit for correction. Additional notices may be sent at the Zoning Administrator's discretion.

2.

If no response is received from the owner or no action is taken, a second and final notice shall be sent by certified mail stating the action the Zoning Administrator intends to pursue if the violation is not corrected and shall advise that the Zoning Administrator's decision may be appealed to the City Council at the next scheduled meeting.

3.

If no appeal is filed or no corrective action is taken, the Zoning Administrator may, upon approval by City Council:

a.

Initiate such action as needed to correct the violation and assess the cost of the corrective action to the property, as permitted by the City Code of Ordinances; or

b.

File a complaint with the clerk of the municipal court, as follows:

i.

Upon receipt of the complaint, the Clerk of the municipal court shall cause the complaint to be served along with a notice of hearing. Such hearing shall be held before the judge of the municipal court not less than ten (10) days nor more than thirty (30) days after service of the complaint.

ii.

Complaints or orders issued by the municipal court pursuant to the provisions of this ordinance shall, in all cases, be served upon each person in possession of said property, each owner, and each party in interest. Return of service shall be signed by the public officer or his agent or an affidavit of service executed by any citizen of this state other than the resident initiating the complaint; and the return of such public officer or agent thereof or the affidavit of such citizen that such party or parties were served either personally or by leaving a copy of the complaint or order at the residence shall be conclusive as to such service.

iii.

If any owners and parties in interest reside out of the City, service shall be perfected by causing a copy of the complaint or orders to be served upon the party or parties by the sheriff or any lawful deputy of the county of residence of the party or parties; or service may be made by any citizen. The return of services signed by the public officer, his agent, or an affidavit of service executed by any citizen of this state, other than the resident initiating the complaint; and the return of such documentation attesting that the parties were served, either personally or by leaving a copy of the complaint or order at the residence, shall be conclusive as to such service.

iv.

Nonresidents of this state shall be served by posting a copy of the complaint or orders in a conspicuous place on the premises affected by the complaint or orders. Where the address of such nonresidents is known, a copy of the complaint or orders shall be mailed to them by registered or certified mail.

v.

In the event either the owner or any party in interest is a minor or person laboring under disabilities, the guardian or other personal representative of such person shall be served and if such guardian or personal representative resides outside the county or City they shall be served as provided for in paragraph D.3.b.iv. of this section. If such guardian or personal representative or in the event such minor or disabled person lives outside the City or is a nonresident, service by leaving a copy at the place of their residence shall be sufficient evidence as to the service of such person or persons; in the case of other persons who live outside of the City or are nonresidents, service shall be perfected by serving the judge of the probate court of the county wherein such property is located who shall stand in the place of and protect the rights of such minor or disabled person or appoint a guardian ad litem for such person.

vi.

In the event the whereabouts of any owner or party in interest is unknown and the same cannot be ascertained by the Zoning Administrator in the exercise of reasonable diligence, the Zoning Administrator shall make an affidavit to that effect. Then the service of such complaint or order upon such persons shall be made in the same manner as provided in paragraph D.3.b.iv. of this section, or service may be perfected upon any person, firm, or corporation holding itself out as an agent for the property involved.

vii.

A copy of such complaint or orders shall also be filed in the proper office or offices of the municipal court and such filing of the complaint or orders shall have the same force and effect of appropriate lis pendens notice and may contain a statement to the effect that a lien may arise against the described property and that an itemized statement of such lien is maintained on a lien docket maintained by the City Clerk.

C.

Stop Work Orders.

1.

Upon notice given by the Zoning Administrator or Building Official that any land use is occurring or that any work on a building or structure is being carried out contrary to or in violation of any provision of this ordinance, such land use or work shall be immediately stopped. The stop work order shall be in writing and shall be given in the name of the Zoning Administrator or Building Official. It shall be posted on the property involved and shall be sent by first class U.S. mail to the owner of the property involved, as the owner's address is shown in the current property tax assessment roll and may also be sent to any other last known address of the property owner.

2.

Any person who shall continue to work in or about a building or structure, or to use land or a building or structure after a stop work order has been posted at the site and mailed to the property owner, shall be in violation of this ordinance, including provisions thereof cited in the stop work order, except such work as the Zoning Administrator or the Building Official may authorize to be performed in order to moderate or end a violation or address potentially hazardous conditions.

(Ord. No. 23-03-0010, § 5(Exh. A), 6-22-23)

A.

Violations.

1.

Any use of land which is commenced or conducted, or any building or structure which is erected, moved, placed, reconstructed, razed, extended, enlarged, altered, maintained, or changed, in violation of any provision of this ordinance is hereby declared to be a nuisance per se.

2.

Any person who disobeys, omits, neglects, or refuses to comply with any provision of this ordinance or any permit, approval, or exception granted hereunder, or any lawful order of the Building Official, Zoning Administrator, Zoning Board of Appeals, Planning Commission, or the City Council issued in pursuance of this ordinance shall be in violation of this ordinance. Any such violation is hereby declared to be a nuisance per se.

B.

Penalties.

1.

The owner of any land, building, or structure that is erected, altered, converted, or maintained in violation of this ordinance shall be subject to a minimum penalty of five hundred dollars ($500.00). Continuance of a violation shall be considered a separate and distinct offense for each day the violation is continued. Furthermore, such land, building, or structure that is in violation of this ordinance is not eligible to petition for a variance or other zoning action and will be subject to fines until the land, building, or structure is brought within compliance with this ordinance.

2.

Any person or entity that violates, or assists in the violation of, any provision of this ordinance or fails to comply with the requirements thereof shall be subject to a minimum penalty of five hundred dollars ($500.00) for each such violation. Continuation of any violation of this ordinance shall be considered a separate and distinct offense for each day any such violation is continued.

C.

Other Penalties Related to Subdivisions. In addition to the penalties of Section 23.30 B, the follow shall apply until violation is abated:

1.

The City shall not accept the dedication of any street within such subdivision; nor shall the City improve, maintain, grade, pave, or light any street within such subdivision unless such street or streets shall have received the status of public streets prior to the adoption of this ordinance.

2.

The City shall not assume any responsibility for drainage problems within such subdivision unless City-owned and maintained drainage structures already exist in such subdivision.

3.

The City shall not issue a building permit within such subdivision.

4.

No unit of local government shall be authorized to extend any publicly operated service or utility into such subdivision.

(Ord. No. 23-03-0010, § 5(Exh. A), 6-22-23)