(a)

Remedies. In the event any building is erected, constructed, altered, repaired, converted or maintained, or any building or land is used in violation of this chapter, the zoning administrator code enforcement officer is authorized and required to institute injunction, mandamus, warrant for arrest, or other appropriate action or proceeding to prevent or abate the violation in the case of each building or land use. The zoning administrator is the zoning enforcement officer. Any person who would be damaged by such violation may also institute action to prevent or abate the violation.

(b)

Enforcement.

(1)

If the zoning administrator, code or enforcement officer or his assistant determines that any person is in violation of this chapter, the zoning administrator, code or enforcement officer shall issue an order requiring the owner to comply with this chapter including orders requiring restoration of pre-existing conditions and orders requiring restitution to the city by means that are deemed appropriate by the city. In addition, the city may bring a civil action for enforcement and may seek equitable and injunctive relief under this chapter.

(2)

Any person who is determined to be in violation of any provision of this chapter by the city shall be fined a civil penalty of not less than $100.00 per day of violation and not more than $1,000.00 per day of violation.

(3)

Any person violating any provision of this chapter shall be guilty of a misdemeanor and, upon conviction in municipal court, shall be punished by imprisonment of not more than six months or by a fine of not more than $500.00, or both, for the first offense, and by imprisonment of not more than one year or by a fine of not more than $1,000.00, or both, for each subsequent offense. Additionally, any violation of any provision of this chapter of failure to comply with any of its requirements shall be grounds for immediate suspension or revocation by the zoning administrator of any and all related permits.

(Code 2003, §§ 39-106(7)(E), 39-107(6); Ord. of 7-9-2007(1))

State Law reference— Limitation on penalties, O.C.G.A. § 36-35-6(a)(2).

(a)

Disclosure of financial interests.

(1)

A city official who knows or reasonably should know he:

a.

Has a property interest in any real property affected by a zoning action upon which that official's local government will have the duty to consider;

b.

Has a financial interest in any business entity which has a property interest in any real property affected by a zoning action which that official's local government will have the duty to consider; or

c.

Has a member of the family having any interest described in subsection (a)(1) or (2) of this section.

shall immediately disclose the nature and extent of such interest, in writing, to the council.

(2)

The city official who has an interest as defined in subsection (a)(1)a or b of this section, shall disqualify himself from voting on the zoning action. The disqualified city official shall not take any other action on behalf of himself or any other person to influence action on the application for zoning. Disclosures provided for in the section shall be a public record and available for public inspection at any time during normal working hours.

(b)

Disclosure of campaign contributions.

(1)

When any owner or applicant for zoning action has made, within two years immediately preceding the filing of the applicant's application for the zoning action, campaign contributions aggregating $250.00 or more to a local government official who will consider the application, it shall be the duty of the applicant to file a disclosure report with the city clerk/treasurer showing:

a.

The name and official position of the local government official to whom the campaign contribution was made; and

b.

The dollar amount and description of each campaign contribution made by the applicant or owner to the city official during the two years immediately proceeding the filing of the application for the zoning action and the date of each such contribution.

(2)

The required disclosures shall be filed within five calendar days after the application for the zoning action is first filed.

(3)

Any person knowingly failing to comply with the disclosure requirements or violating the provision of this section is guilty of a misdemeanor.

(Code 2003, § 39-106(10))

State Law reference— Conflicts of interest in zoning actions, O.C.G.A. § 35-67A-1 et seq.

(a)

Code enforcement officer. The code enforcement officer is hereby given the authority and responsibility to enforce the provisions of this chapter.

(b)

Zoning administrator. The zoning administrator is hereby given the authority and responsibility to act as the code enforcement officer and to administer and enforce the provisions of this chapter. The zoning administrator does not have the authority to take final action on applications or matters reserved for public hearings. The zoning administrator shall keep records of permits, the 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 available as public records.

(Code 2003, § 39-106(5), (6))

(a)

Establishment of zoning commission. A zoning commission is hereby established for the City of Porterdale, Georgia. Said commission shall consist of seven members and shall be appointed by the city council of the City of Porterdale by affirmative vote of a majority of the council members. The term of appointment shall be for three years; provided, however, initial appointment of the members shall be as follows: Three members for a term of three years; two members for a term of two years; and two members for a term of one year. Any vacancies in the membership shall be filled for the unexpired term in the same manner as members are appointed, as provided above. Members shall serve without pay but may be reimbursed for any expenses incurred while representing the zoning commission. None of the members shall hold any other elective public office or position in the municipality.

(b)

Proceedings of the zoning commission.

(1)

Each member of the zoning commission shall be entitled to one vote on all matters brought before the zoning commission for hearing and determination. The vote of the majority of the members shall constitute the decision of the zoning commission on issues brought before it.

(2)

The zoning commission shall elect a chairperson and a vice-chairperson from its members who shall serve for one year in that position, or until reelected, or until their successors are elected. The city clerk/treasurer, or his designee, shall serve as the secretary of the zoning commission. The zoning commission shall adopt rules and bylaws in accordance with the provisions of this chapter and of O.C.G.A. title 36, ch. 66. Meetings of the zoning commission shall be held at the call of the chairperson, and at such other times as the zoning commission may determine. The chairperson, or, in his absence, the vice-chairperson, may administer oaths and compel the attendance of witnesses by subpoena. All meetings of the zoning commission shall be open to the public. The zoning commission shall keep minutes of its proceedings, showing the vote of each member upon each question and shall keep records of its examinations and other official actions, all of which shall be immediately filed with the office of the city clerk/treasurer, and shall be a public record.

(c)

Powers and duties of the zoning commission. From and after the time the zoning commission shall have adopted its rules of procedure, then it shall have all the powers, duties and responsibilities as more particularly set forth in this article, and as set forth in O.C.G.A. title 36, ch. 66.

(d)

Removal of commission members.

(1)

Members of the zoning commission shall be removable for cause by the city council upon written notice and after public hearing, or at the convenience of the city council upon majority vote, at a regular or called meeting at which a quorum is present.

(2)

Failure to attend three consecutive meetings or any ten meetings per term of the zoning commission shall be considered automatic resignation from the zoning commission. Upon such automatic resignation or upon the creation of other vacancies on the zoning commission, the chairperson shall inform the city council of such occurrence as promptly as possible, so that the city council may appoint a replacement to fill the unexpired term.

(3)

Without limiting the matters that may constitute cause for removal of a commission member, the failure of a member of the zoning commission to comply fully with the Georgia Open Meetings Act (O.C.G.A. § 50-14-1 et seq.), the Georgia Conflict of Interest in Zoning Act (O.C.G.A. § 36-67A-1 et seq.), the powers and procedures of these land development regulations relating to the zoning commission, or other provisions of these land development regulations applicable to property owned by, operated by or occupied by the member of the zoning commission, shall constitute cause for removal by the city council.

(e)

Effective date of ordinance and saving provision. Until such time as this chapter is enacted by the city council, the members of the zoning commission appointed pursuant to the provisions of section 119-41(a), and the organizational matters required of the commission set out in section 119-41(b)(2) shall have been adopted, the presently existing zoning commission shall continue to serve and fulfill the functions granted to them under this Code.

(Code 2003, § 39-106(11); Ord. of 7-9-2007(2))

(a)

Establishment of board of zoning appeals. A board of zoning appeals is hereby established. Said board shall consist of five members and shall be appointed by the City of Porterdale Council for a term of three years; however, initial appointment of the members shall be as follows: one member for a term of three years; two members for a term of two years; and two members for a term of one year. Any vacancies in the membership shall be filled for the unexpired term in the same manner as the initial appointments. Members shall serve without pay but may be reimbursed for any expenses incurred while representing the board. None of the members shall hold any other public office or position in the municipality, except that one member may also be a member of the city council. Members shall be removable for cause by the appointing authority upon written charges and after public hearing.

(b)

Proceedings of the board of zoning appeals.

(1)

The board of zoning appeals shall elect a chairperson and a vice-chairperson from its members who shall serve for one year or until reelected or until their successors are elected. The board shall appoint a secretary, who may be a municipal officer, an employee of the city or a member of the city council. The board shall adopt rules and bylaws in accordance with the provisions of this chapter and O.C.G.A. title 36, ch. 66. Meetings of the board shall be held at the call of the chairperson, and at such other times as the board may determine. The chairperson, or in his absence the vice-chairperson, may administer oaths and compel the attendance of witnesses by subpoena. All meetings of the board shall be open to the public. The board shall keep minutes of its proceedings, showing the vote of each member upon each question and shall keep records of its examinations and other official actions, all of which shall be immediately filed in the office of the board and shall be a public record.

(2)

On all appeals, applications and other matters brought before the board of zoning appeals, said board shall inform, in writing, all parties involved of its decision.

(c)

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

(1)

Administrative review. To hear and decide appeals where it is alleged there is error in any order, requirement, decision or determination made by the city council or building inspector in the enforcement of this chapter.

(2)

Variances. To authorize upon appeal in specific cases such variance from the terms of this chapter as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of the chapter will in an individual case, result in practical difficulty or unnecessary hardship, so that the spirit of the chapter shall be observed, public safety and welfare secured and substantial justice done. The existence of a nonconforming use of neighboring land, buildings or structures in the same district or of permitted or nonconforming uses in other districts shall not constitute a reason for the requested variance. A variance may be granted in an individual case of unnecessary hardship upon a finding by the board of zoning appeals that the following conditions exist:

a.

There are extraordinary and exceptional conditions pertaining to the particular piece of property in question because of its size, shape or topography that are not applicable to other lands or structures in the same district.

b.

A literal interpretation of the provisions of this chapter would deprive the applicant of rights commonly enjoyed by other properties of the district in which the property is located.

c.

Granting the variance requested will not confer upon the property of the applicant any special privileges that are denied to other properties of the district in which the applicant's property is located.

d.

The requested variance will be in harmony with the purpose and intent of this chapter and will not be injurious to the neighborhood or to the general welfare.

e.

The special circumstances are not the result of the actions of the applicant.

f.

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

g.

The variance is not a request to permit a use of land, buildings or structures, which are not permitted by right in the district involved.

(d)

Decisions of the board of zoning appeals.

(1)

In exercising its powers, the board of appeals may, in conformity with the provisions of this chapter, reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination, and to that end shall have all of the powers of the city council or building inspector and may issue or direct the issuance of a building permit.

(2)

The concurring vote of four members of the board shall be necessary to reverse any order, requirement, decision or determination of the building inspector, or to decide in favor of the applicant on any matter upon which it is required to pass under this chapter or to effect any variation of this chapter.

(e)

Appeals, hearings and notice.

(1)

Appeals to the board of zoning appeals may be taken by any person aggrieved, or by an officer, department, board of bureau of the City of Porterdale affected by any decisions of the city council, building inspector or other city official based on this chapter. Such appeal shall be taken within 60 days, or as provided by the rules of the board, by filing with the building inspector and with the board of zoning appeals a written notice of appeal specifying the ground thereof. All papers constituting the record upon which the action appealed from was taken shall forthwith be transmitted to the board of zoning appeals.

(2)

The board of zoning appeals shall fix a reasonable time for the hearing of appeals or other matters referred to it, and give at least 15 days public notice thereof and due notice to the parties in interest, and decide the same within a reasonable time. Upon a hearing, any party may appeal in person, or by agent or by attorney.

(f)

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

(g)

Rules of procedure.

(1)

Meeting date. The board of zoning appeals shall prescribe the time, place, and dates of regular meetings of the board of zoning appeals. Such information shall be made available to the general public and a notice containing such information shall be posted and maintained in a conspicuous place available to the public at the regular meeting place of said board. Meetings shall be held in accordance with a regular schedule, but nothing in this subsection shall preclude an agency from canceling or postponing any regularly scheduled meeting.

(2)

Official action. No official action will be taken by the board of zoning appeals on any item at any meeting that is not open to the public.

(3)

Agenda preparation.

a.

The agenda shall be prepared by the city clerk/treasurer with the assistance of the chair of the board of zoning appeals and the city manager.

b.

The official copy of the agenda shall be prepared no less than five days in advance of the meeting date and shall be circulated to every member of the board of zoning appeals, the city manager, building inspector, and code enforcement officer.

c.

A copy of the agenda shall be made available to the local press and to all persons having business with the board.

(4)

Materials received after date of preparation. Material received after the date of the preparation of the agenda may be presented by a person appearing at the regular meeting of the board of zoning appeals. These persons may not present materials after the official agenda items have been considered. By unanimous vote of the member present, the board of zoning appeals may elect to amend the official agenda and permit presentation of unlisted items in any order determined by the board. No official action will be taken on any item not submitted as part of the regular agenda unless it is determined by unanimous vote of the board that such an item so affects the public health, safety, and welfare of the community that an emergency exists.

(5)

Order of business.

a.

Call to order by the chairperson.

b.

Approval of minutes by the board of zoning appeals.

c.

The board shall hear each item on the agenda in the order published.

d.

Each item shall be introduced by the chairperson. The board shall follow the procedures of subsection (e) of this section when considering an application for variance. When considering an appeal, the chairperson shall provide for the presentation of the technical report by the building inspector. Upon completion of the technical report presentation, the chairperson shall give the petitioner, or his agent, an opportunity to speak for the appeal. The board of zoning appeals may question the staff about the request, solicit further comment from the petitioner, or discuss the issue among themselves. Having concluded their discussion and solicitation of comments, the board will then vote on the application. Results of that vote will be forwarded to the city manager.

(Code 2003, § 39-106(12); Ord. of 7-9-2007(2))

(a)

Generally. It shall be unlawful for any building to be located, erected, moved, or added to, or structurally altered, without obtaining a building permit issued by the building inspector. No building permit shall be issued except in conformance with the provisions of this chapter.

(b)

Application for permits.

(1)

An application shall be accompanied by two copies of a dimensional sketch or a to-schedule plan, signed by the owner, or his authorized agent, to include, as a minimum, the following:

a.

Lot dimensions with property line monuments located thereon;

b.

Shape, size, height, and location of the buildings proposed to be erected, demolished, altered, or moved, and of any buildings already on the lot, yard dimensions and use of structures, including the number of dwelling units within each structure where appropriate;

c.

Easements (private and public);

d.

Water courses;

e.

Fences;

f.

Street names and street right-of-way lines; and

g.

Such other information regarding abutting property as directly affects the application.

(2)

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

a.

If the proposed excavation, filling, construction, or movement set forth in said sketch or plan are in conformity with the provisions of this chapter, and other appropriate codes and ordinances then in effect, the building inspector shall sign and return one copy of the sketch plan to the applicant and shall issue a building permit. The building inspector shall retain one copy of the building permit and one copy of the sketch or plan for his records.

b.

If the sketch or plan submitted describes work which does not conform to the requirements of this chapter, the building inspector shall not issue a building permit but shall return one copy of the sketch of plan to the applicant along with a signed refusal and shall cite the portions of these ordinances with which the submitted sketch plan does not comply. The building inspector shall retain one copy of the sketch plan and two copies of the refusal.

c.

Any building 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.

(Code 2003, § 39-106(7)(A), (B))

The building inspector shall sign and issue a certificate of occupancy if the proposed use of land or buildings, 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 chapter and if the building, as finally constructed, complies with the sketch or plan submitted for the building permit.

(Code 2003, § 39-106(7)(D); Ord. of 7-9-2007(1))

(a)

The Georgia Planning Act of 1989 (O.C.G.A. §§ 50-8-7.1, 50-8-7.2) authorized the department of community affairs to establish procedures for regional review of development projects that are of sufficient size that they are likely to create impacts beyond the jurisdiction in which the project will be located. The DRI review process involves the host local government, the reviewing regional development center (RDC), and other potentially affected local governments, RDCs and agencies.

(b)

Thresholds are used to determine whether a proposed development is a DRI. Because positive and negative impacts of DRIs are not necessarily confined to the host local governments' jurisdictional boundaries, impacts on other jurisdictions need to be assessed.

(c)

If a development project is submitted to the City of Porterdale for review, then the time deadlines imposed in by this chapter are suspended until the DRI review process is completed.

(Code 2003, § 39-106(8))

(a)

The elimination of existing buildings and structures or uses that do not conform with this chapter is as much a subject of health, safety and general welfare as is the prevention of the establishment of new uses that would violate the provisions of this chapter. It is also the intent of this chapter to administer the elimination of nonconforming uses, buildings, and structures so as to avoid any unreasonable invasion of established private property rights.

(b)

Any structure or use of land lawfully existing at the time of the enactment of this chapter and its amendments, but not in conformity with its use provisions, may be continued subject to the following provisions.

(1)

Unsafe structures. Any structure or portion thereof declared unsafe by an appropriate council may be restored to a safe condition, provided the requirements of subsection (b)(4) of this section are met.

(2)

Alterations. Any change in a lawfully existing nonconforming building, use, building site or yard area is subject to the following:

a.

No lawfully existing nonconforming building can be structurally altered, except repairs on the building or installation of plumbing fixtures required by law, changing of interior partitions or interior remodeling. Improvements on a lawfully existing nonconforming building shall not exceed 50 percent of the value of the building as determined by the building inspector.

b.

No lawfully existing nonconforming building or lands, except those residential dwellings needing repairs on the building or installation of plumbing fixtures as required by law, can be substantially added to, moved, or extended in any manner unless such building or land is changed to conform with the provisions of this chapter.

c.

If a lawfully existing nonconforming building is moved, all nonconforming minimum yard requirements, as defined in this chapter, must be eliminated.

d.

Whenever an owner of a lawfully existing residential dwelling must make repairs on or installation of plumbing fixtures which will force the location of the future addition of the dwelling nearer the lot line than permitted, the addition to the dwelling shall be allowed to extend to the existing building line but no nearer the property line than any existing portion of the dwelling.

(3)

Extension. A lawfully existing nonconforming use is restricted to the lot occupied by such use as of the effective date of the ordinance from which this chapter is derived. A nonconforming use must not be extended to include either additional building or land, except as permitted in this section, or unless the owner applies for and is granted a variance.

(4)

Restoration of damaged buildings. Unless otherwise specified, a lawfully existing nonconforming structure that is destroyed (damage equals or exceeds 50 percent of the structures' replacement value, as determined by the building inspector), through no intent of the owner, may not be reconstructed or restored to the same nonconforming use except upon approval of the zoning administrator. However, residential dwellings that are nonconforming because of area and minimum yard requirements may be replaced regardless of extent of damage.

(5)

Discontinuance. A lawfully existing nonconforming use which became such after the adoption of the ordinance from which this chapter is derived, and which has been discontinued for a continuous period of six months, shall not be reestablished. Any future use shall be in conformance with this chapter. Where government action impedes access to land, the time of any resulting discontinuance of a nonconforming use shall not be counted towards the time periods of this section.

(Code 2003, § 39-106(4))

The council may from time to time amend the boundaries of the districts established on the official zoning map and/or the provisions set forth in this chapter. Proposed amendments shall first be submitted to the zoning commission for its recommendation.

(Code 2003, § 39-106(1)(A))

(a)

An application for amendment must be filed with the city clerk/treasurer at least 45 days prior the zoning commission meeting at which the request will be heard. An application for amendment must contain the following information:

(1)

A survey of the property prepared by the applicant showing existing and proposed structures and uses, access drives, easements, utilities, buffers, existing zoning, and any other supporting documentation required by the city clerk/treasurer to assist the zoning administration and council in rendering a decision, including concept plans.

(2)

A list of adjoining property owners as shown on the tax rolls.

(3)

Any additional information the applicant or the city clerk/treasurer believes to be pertinent.

(b)

Additionally, the applicant, if other than the local government, must pay the required application fee, as determined by the council, to cover the administrative and advertising costs of the application and sign a statement certifying he or the owner represented by the applicant has at least a 51 percent ownership interest in the property.

(c)

Once the application is submitted it cannot be amended. Incomplete applications will not be processed.

(d)

The zoning administrator shall present the application and all its supporting documents, along with a written analysis of the requested zoning's impact, to the zoning commission at its regular business meeting the month in which the public hearing on the application is scheduled. The written analysis shall show that the zoning administrator has considered the proposed change in relation to the following, where applicable:

(1)

What is the existing land use pattern in the area?

(2)

Would approval create an isolated district designation unrelated to adjacent and nearby district designations?

(3)

Would approval significantly increase or possibly overtax available infrastructure, including, but not limited to, schools, streets, and public safety services?

(4)

Are the existing boundaries illogically drawn in relation to existing conditions on the property proposed for change?

(5)

Would changed or changing conditions make the passage of the proposed amendment necessary?

(6)

Will the proposed change adversely influence living conditions in the neighborhood?

(7)

Will the proposed change create or excessively increase traffic congestion or otherwise affect public safety?

(8)

Will the proposed change seriously reduce light and air to adjacent areas?

(9)

Will the proposed change adversely affect property values in the adjacent area?

(10)

Will the proposed change be a deterrent to the improvement or development of adjacent property in accordance with existing regulations?

(11)

Will the proposed change constitute a grant of special privilege to an individual owner as contrasted with the public welfare?

(12)

Are there substantial reasons why the property cannot be used in accordance with its existing zoning?

(13)

To what extent is the proposed change consistent with the city's comprehensive plan?

(14)

What other factors, if any, should be considered in balancing the interest in promoting the public health, safety morality or general welfare against the right to unrestricted use of the property?

(Code 2003, § 39-106(1)(B))

(a)

Public hearing required. Before enacting an amendment to this chapter, one public hearing must be held by the zoning commission.

(b)

Applicant notification. The city clerk/treasurer must notify the applicant of the date, time, and place of the required public hearing.

(c)

Publication of notice. Not less than 15 days, and not more than 45, days prior to the date of the public hearing, the city clerk/treasurer shall advertise the date, time, place and purpose of the public hearing in a newspaper of general circulation in Porterdale. The notice shall also include the location of the property, the present zoning classification of the property, and the proposed zoning classification of the property. The notice shall further include a statement that any opponent of a rezoning action that has made, within two years immediately proceeding the filing of the rezoning action, campaign contributions aggregating $250.00 or more to a local government official that will consider the application, must file a disclosure with the zoning commission showing:

(1)

The name and official position of the city official to whom the contribution was made; and,

(2)

The dollar amount and description of each campaign contribution made to the city official. The disclosure shall be filed at least five calendar days prior to the public hearing on the zoning application.

(d)

Sign.

(1)

In addition to the newspaper notice, and not less than 15 days prior to the zoning commission public hearing, the zoning administrator shall cause the applicant to have posted in a conspicuous place on the lot or parcel to be rezoned, one or more signs, which shall provide adequate notice of the zoning action. Each sign shall be approximately 32 inches in height and 24 inches in width and shall provide adequate notice of the zoning action. At a minimum, the sign must contain the following information: date, time, and location or the hearing, current zoning classification and proposed zoning classification, and a telephone number interested persons can call for additional information.

(2)

If, because of circumstances peculiar to the location of the property to be posted, the sign will either be inconspicuous or invisible from any well-traveled right-of-way, the sign shall be posted on the property to be rezoned and on other property in such a location that it is likely to be seen by persons potentially interested in the decision.

(e)

Zoning commission action. The zoning commission shall review the record and vote on the proposed amendment to this chapter or the zoning map. The commission may approve, approve with conditions, or deny the application. Within seven days of its decision, the zoning administrator shall so notify the applicant. If the zoning commission fails to act on the application within 60 days of its submission or by the next regularly scheduled zoning commission meeting (whichever is later) the application is deemed to have been approved unless the application or the matter is tabled, postponed, or withdrawn.

(f)

Council action. The council shall review the record, consider the zoning amendment criteria of section 119-67, and vote on the application. The council may approve, approve with conditions, or deny the application. Within seven days of its decision, the city clerk/treasurer shall so notify the applicant in writing. If the council fails to act on the application within 60 days of its submission or by its next regularly scheduled meeting, whichever is later, the application is deemed to have been approved unless the application is tabled, postponed, or withdrawn.

(g)

Withdrawal.

(1)

If an application for an amendment to this chapter or official zoning map is withdrawn in writing by the applicant at any time after the publication of the newspaper notice and posting of the required sign, but prior to the public hearing, then the same property may not be considered for zoning by the zoning commission until the expiration of at least 60 days immediately following the withdrawal of the rezoning application. The withdrawal must be in writing and signed by the applicant.

(2)

The application will be considered to have been withdrawn if the applicant, his authorized agent or his attorney fails to appear at the zoning commission and council hearing. By withdrawing in this manner, the same property may not be considered for rezoning by the council until the expiration of at least 60 days from the date of the scheduled public hearing for which the applicant failed to appear.

(h)

Denial. If an amendment to this chapter or official zoning map is denied by the council, then the same property may not be considered for rezoning until the expiration of at least six months immediately following the denial of the rezoning by the council. A tie vote with no further action during said 60-day period shall be deemed a denial of the rezoning by the council.

(Code 2003, § 39-106(1)(C))

(a)

In the adoption of an amendment to an existing zoning ordinance or amendment to the official zoning map, the zoning committee and council shall consider factors relevant in balancing the interest in promoting the public health, safety, morals or general welfare against the right of the individual to the unrestricted use of property and must specifically consider the following factors as they may be relevant to the application:

(1)

The existing land use pattern.

(2)

The possible creation of an isolated district unrelated to adjacent and nearby districts.

(3)

The population density pattern and possible increase or overtaxing of the load on public facilities including, but not limited to, schools, utilities, and streets.

(4)

The cost to the city and other governmental entities in providing, improving, increasing or maintaining public utilities, schools, streets and other public safety measures.

(5)

The possible impact on the environment, including, but not limited to, drainage, soil erosion and sedimentation, flooding, air quality and water quality.

(6)

Whether the proposed zoning map amendment will be a deterrent to the value or improvement or development of adjacent property in accordance with existing regulations.

(7)

Whether there are substantial reasons why the property cannot be used in accordance with existing regulations.

(8)

The aesthetic effect of existing and future use of the property as it relates to the surrounding area.

(9)

The extent to which the proposed zoning map amendment is consistent with the comprehensive plan.

(10)

The possible effect of the proposed zoning map amendment on the character of a zoning district, a particular piece of property, neighborhood, a particular area, or the community.

(11)

The relation that the proposed zoning map amendment bears to the purpose of the overall zoning scheme, with due consideration given to whether or not the proposed change will help carry out the purposes of these zoning regulations.

(12)

The consideration of the preservation of the integrity of residential neighborhoods shall be considered to carry great weight.

(13)

In those instances in which property fronts on a major thoroughfare and also adjoins an established residential neighborhood, the factor of preservation of the residential area shall be considered to carry great weight.

(b)

After hearing evidence at the zoning hearing, the zoning commission and council shall apply the evidence of the standards of review zoning amendment criteria in making their decision. It will not be required that the Porterdale Planning and Zoning Board or council to consider every criterion contained in the standards of review. It shall be the duty of the applicant to carry the burden of proof that the proposed zoning map amendment promotes the public health, safety, morality or general welfare.

(Code 2003, § 39-106(1)(D))

(a)

Procedure for conducting a public hearing.

(1)

All public hearings held pursuant to this division shall be conducted as follows:

a.

The presiding officer shall allow the zoning administrator to present an overview of the application. Following this presentation, the applicant or the applicant's agent or attorney shall be allowed to present the applicant's case and then shall be afforded an opportunity, prior to the closing of the public hearing, to answer questions and respond to objections of others in attendance. A minimum of ten minutes is allowed for presentation of data, evidence, and opinion by proponents of each zoning decision and a minimum of ten minutes for presentation by opponents of each proposed zoning decision.

b.

Others desiring to speak or make a statement shall be given reasonable opportunity to do so but must first be recognized by the presiding officer. Upon rising to speak, the person recognized will state his name.

c.

Groups, affiliations, and associations shall designate a spokesperson who shall speak for the group.

d.

Both proponents and opponents of the matter under consideration shall be given comparable time and opportunity by the presiding officer to speak.

e.

Questions shall be directed only to the presiding officer who shall respond or designate another person for the response.

f.

The presiding officer may limit or terminate the discussion, statements or comments because of time, repetitiveness or irrelevancy.

(2)

After all discussion concerning the zoning application is concluded, the presiding officer shall close the public hearing for that particular zoning application, and shall address each zoning criteria listed in section 119-67.

(b)

Meeting format.

(1)

Minutes of the meeting will be taken by the city clerk/treasurer. Should a complete transcript of the meeting be requested it will be provided at the expense of the person making the request.

(2)

No set time will be set for each person to talk but it is suggested remarks be kept short and to the point.

(3)

Following is an outline of how the meeting will be held:

a.

Hearing called to order.

b.

Proposal or ordinance summarized.

c.

Applicant or proponent states his case.

d.

Persons in favor testify.

e.

Rebuttal and cross examination.

f.

Hearing closed.

g.

Recommendations submitted by zoning administrator to official body.

(Code 2003, § 39-106(1)(E), (F))

The same criteria as in this division shall be used to evaluate and determine if changes proposed by the council are to be recommended.

(Code 2003, § 39-106(1)(G))

The criteria in this division shall be available to the public to aid in the preparation for a change in this chapter or the official zoning map of Porterdale, Georgia.

(Code 2003, § 39-106(1)(H))

(a)

All petitions for conditional use approval shall be submitted to the city clerk/treasurer at least 45 days prior to a regularly scheduled zoning commission meeting at which the request will be heard. An application for conditional uses must be accompanied by the following information:

(1)

Three copies of a written description of the proposal designed to inform the city, in detail, about all aspects of the proposed use and its anticipated impact on the community. The description should include, when pertinent, information on the hours of operation, number of employees, number of dwelling units, vehicle trip ends, noise, water usage, sanitary waste treatment and any other relevant concerns identified by the city or applicant.

(2)

Three copies of preliminary building and site plans drawn to scale showing the following information:

a.

Three copies of surveyed plat signed by a registered surveyor.

b.

Project name.

c.

Project owner.

d.

Date, scale, and north arrow.

e.

Vicinity map.

f.

Use of adjacent property.

g.

Exterior dimensions of the site.

h.

Total project acreage.

i.

Location, name and width of all existing or proposed streets.

j.

Location of all proposed structures

k.

Location of all off-street parking and driveway serving the project.

l.

Proposed buffers and/or screening.

m.

Location, height, fixture type and wattage of site lighting.

n.

Dumpster locations.

o.

Rough floor plans, including gross floor area.

p.

Building height.

(b)

Additionally, the applicant, if other than the local government, must pay the required application fee, as determined by the council, to cover the administrative and advertising costs of the application and sign a statement certifying he or the owner represented by the applicant has at least a 51 percent ownership interest in the property.

(c)

Once the application is submitted, it cannot be amended. Incomplete applications will not be processed.

(Code 2003, § 39-106(2)(A))

Before enacting an amendment to this chapter, both the zoning commission and the council must hold a public hearing.

(Code 2003, § 39-106(2)(B))

The city clerk/treasurer shall cause the applicant to be notified and notice to be published and the property to be posted in accordance with section 119-66(b) and (c).

(Code 2003, § 39-106(2)(C))

The zoning administrator shall present the application and all its supporting documents, along with a written analysis of the requested zoning's impact, to the zoning commission at its regular business meeting the month in which the public hearing on the application is scheduled. The written analysis shall show that the zoning administrator has considered the proposed change in relation to the enumerated questions in section 119-65(d).

(Code 2003, § 39-106(2)(D))

The zoning commission shall hold a public hearing on the proposed use in accordance with section 119-68. After the hearing, the zoning commission shall consider the zoning amendment criteria in section 119-67 and make recommendation to the council. The zoning commission may recommend approval, approval with conditions, or denial of the application. The zoning commission's recommendations shall be submitted to the council within 35 days of its hearing. If, however, the zoning commission fails to submit a recommendation within 35 days after its hearing, the zoning commission shall be deemed to have recommended approval.

(Code 2003, § 39-106(2)(E))

(a)

The council shall hold a public hearing on the proposed use in accordance with section 119-68. Additionally, the council shall review the record and consider the zoning amendment criteria of section 119-67 and vote on the application. The council may approve, approve with conditions, or deny the application. Within seven days of its decision, the city clerk/treasurer shall so notify the applicant in writing. If the council fails to act on the application within 60 days of its submission or by its next regularly scheduled meeting, whichever is later, the application is deemed to have been approved unless the application is tabled, postponed, or withdrawn.

(b)

Unless otherwise noted, the site plan submitted in support of an approved conditional use shall be considered part of the approval and must be followed.

(c)

Approval of a propose use by the council does not constitute an approval for future expansion of or additions or changes to the initially approved operation. All uses, construction or building approved in the conditional use must begin within 60 days of approval of the council and be fully completed within one year of approval.

(Code 2003, § 39-106(2)(F))

(a)

Where the owner of a plot of land consisting of one or more adjacent lots of record at the time of the enactment of this chapter, does not own sufficient contiguous land to enable him to conform to the minimum lots size requirements of this chapter, or if the topography, physical shape, or other unique features of such lots of record, prevent reasonable compliance with the setback if used as a building site, then the property owner or agent or representative may make application to the zoning commission for a variance.

(b)

All applications for variance shall be submitted to the city clerk/treasurer at least 45 days prior to a regularly scheduled board of zoning appeals meeting on application forms supplied by the city clerk/treasurer along with a fee as determined by the council. Incomplete applications will not be placed on the agenda. Applications for variance must be accompanied by the following information.

(1)

Three copies of a written description of the proposal designed to inform the city, in detail, about all aspects of the proposed use and its anticipated impact on the community. The description should include, when pertinent, information on the hours of operation, number of employees, number of dwelling units, vehicle trip ends, noise, water usage, sanitary waste treatment and any other relevant concerns identified by the city or applicant.

(2)

Three copies of preliminary building and site plans drawn to scale showing the following information:

a.

Surveyed plat signed by a registered surveyor.

b.

Project name.

c.

Project owner.

d.

Date, scale, and north arrow.

e.

Vicinity map.

f.

Use of adjacent property.

g.

Exterior dimensions of the site.

h.

Total project acreage.

i.

Location, name and width of all existing or proposed streets.

j.

Location of all proposed structures.

k.

Location of all off-street parking and driveway serving the project.

l.

Proposed buffers and/or screening.

m.

Location, height, fixture type and wattage of site lighting.

n.

Dumpster locations.

o.

Rough floor plans, including gross floor area.

p.

Building height.

(c)

Additionally, the applicant, if other than the local government, must pay the required application fee, as determined by the council, to cover the administrative and advertising costs of the application and sign a statement certifying he or the owner represented by the applicant has at least a 51 percent ownership interest in the property.

(d)

Once the application is submitted, it cannot be amended. Incomplete application will not be processed.

(Code 2003, § 39-106(3)(A))

(a)

Public hearing required. Before enacting an amendment to this chapter, public hearings must be held in accordance with section 119-68.

(b)

Applicant notification and publication of notice. The city clerk/treasurer shall cause notice to be published and the property to be posted in accordance with section 119-66(b) and (c).

(Code 2003, § 39-106(3)(B), (C))

The zoning administrator shall present the application and all its supporting documents, along with a written analysis of the requested variance's impact, to the board of zoning appeals at its regular business meeting the month in which the public hearing on the application is scheduled. The written analysis shall show the zoning administrator has considered the proposed change in relation to the enumerated questions in section 119-65(d).

(Code 2003, § 39-106(3)(D))

(a)

The board of zoning appeals shall hold a public hearing on the proposed use in accordance with section 119-68. After the hearing, the board shall consider the variance criteria of section 119-26 and shall approve, approve with conditions, or deny the application. Within seven days of its decision, the city clerk/treasurer shall so notify the applicant in writing. If the board of zoning appeals fails to act on the application within 60 days of its submission or by its next regularly scheduled meeting, whichever is later, the application is deemed to have been approved unless the application is tabled, postponed, or withdrawn.

(b)

In granting a variance, the board of zoning appeals may impose any other conditions necessary to further the goals of this chapter.

(c)

The board of zoning appeals may establish performance bonds to ensure compliance with any requirements it has set for granting a variance. Where a variance is granted for a construction activity requiring a building permit, the building permit must be obtained and construction must begin within six months of the issuance of the variance. Otherwise, the variance expires after six months.

(Code 2003, § 39-106(3)(E))

(a)

The board of zoning appeals may grant variances only upon finding that all of the following conditions exist:

(1)

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

(2)

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

(3)

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

(4)

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

(5)

The special circumstances surrounding the request for a variance are not the result of acts by the applicants;

(6)

The variance is not a request to permit a use of land, buildings, or structures which is not permitted by right or by conditional use permit in the zoning district involved.

(b)

The yard and other requirements of the zoning district in which the property is located may be reduced by the smallest amount that will permit use of the property as a building site. Such reduction of these space requirements shall constitute a variance. However, in no case shall the board of zoning appeals permit any lot in a residential zoning district to be used as a building site which is less than 75 percent of the zoning district's minimum area and yard requirements as set forth in article IV, division 2, of this chapter.

(c)

If a variance request is denied, then the same property may not be considered for a variance for at least six months immediately following the denial of the variance by the board of zoning appeals.

(Code 2003, § 39-106(3)(F))