The community development director shall administer and enforce this ordinance and may be assisted by designated staff.

A.

In the event any land is being used or any building is being erected, constructed, reconstructed, repaired, relocated, altered, demolished, converted, maintained, or used in violation of this ordinance, or is proposed to be erected, constructed, reconstructed, repaired, relocated, altered, demolished, converted, maintained, or used in violation of this ordinance or the applicable codes and ordinances of Clayton County, the community development director or any appropriate authority of Clayton County may, in addition to other remedies provided by law, and following written notice via certified mail return receipt requested to the person in violation, issue a citation for violation of this ordinance. Such written notice shall not be a necessary condition precedent to enforcement of this ordinance.

The community development director or designated staff may also issue a stop work order or institute an injunction, mandamus, or take other appropriate action or actions, and proceeding or proceedings, to correct or abate such violation or to prevent the occupancy of such building or land. The citation for the alleged violation shall be heard in a court of competent jurisdiction. Where a violation has been determined to exist with respect to a building or premises, the court may, in addition to other remedies provided by law, require that public utility services be withheld from the property until such time as the building or premises are no longer in violation.

B.

In the event any land is being used or any building is being erected, constructed, reconstructed, repaired, relocated, altered, demolished, converted, maintained or used in violation of this ordinance, or is proposed to be erected, constructed, reconstructed, repaired, relocated, altered, demolished, converted, maintained or used in violation of this ordinance or the applicable codes and ordinances of Clayton County, the community development director may also, in addition to other remedies, revoke any certificate of occupancy, land disturbance permit, demolition permit, building permit or sign permit that has been issued for the property. Any further work involving the erection, construction, reconstruction, alteration, demolition or repair on such building(s) or the continued use of such building or land subsequent to such revocation shall be deemed a violation.

(Ord. No. 7-2020, § 1(Exh. A), 10-26-20)

A.

The community development director or the zoning administrator shall have the authority to determine whether a proposed use of property that is not specifically allowed or prohibited in a particular zoning district may be permitted. The community development director may exercise discretion and deny the use based on a finding of inconsistency with the uses allowed in the zoning district or allow the use as substantially similar to a use allowed in that zoning district. Such authority shall not apply to uses requiring approval as a special use.

B.

The community development director or the zoning administrator shall consider the following factors in assessing similarities between the proposed use and uses allowed in the zoning district in which such use is proposed:

1.

Amount of vehicle traffic the proposed use will generate compared to uses allowed in the zoning district;

2.

Impact of the proposed use on public infrastructure and services relative to uses allowed in the zoning district;

3.

Relationship of the proposed use to the purposes of the zoning district;

4.

Manner of operation, including the hours of operation and days of the week, compared to uses allowed in the zoning district; and

5.

Consistency of the proposed use with the goals and objectives of the comprehensive plan.

C.

The applicant shall be responsible for submitting evidence and information establishing the comparative similarities of the proposed use and uses allowed in the zoning district assigned to the property.

D.

A decision of the community development director to deny a proposed use may be appealed to the board of zoning appeals as provided in section 14.3, Appeals. The criteria used by the board of zoning appeals in determining whether the community development director erred in his or her decision shall be the consistency of the proposed use with the above factors compared to allowed uses. The community development director shall provide written notice to the city council concerning any decision involving the exercise of his or her interpretive authority immediately upon rendering such decision.

(Ord. No. 7-2020, § 1(Exh. A), 10-26-20)

The community development director or the zoning administrator is hereby authorized to grant an administrative variance from the development standards of this ordinance upon a finding that the intent of the ordinance can be achieved and equal performance obtained by granting such variance.

A.

Authority to grant an administrative variance shall be limited to the following deviations from the standards of the ordinance:

a.

Reduction in front yard setback or yard adjacent to a public street, not to exceed ten feet.

b.

Reduction in side yard setback, not to exceed five feet.

c.

Reduction in rear yard setback, not to exceed five feet.

d.

Distance between buildings on a lot, not to exceed five feet.

e.

Number of parking spaces, not to exceed ten percent of the requirement, excluding accessible parking.

B.

The criteria applied by the board of zoning appeals in deciding variance applications found in section 14.4. Variances shall be used by the community development director in rendering a decision.

C.

The approval process for administrative variances is described below:

a.

Individuals seeking approval of an administrative variance shall file an application with the community development director together with any fees established by city council.

b.

Upon a determination by the community development department that a complete application has been filed, a letter shall be sent by certified mail to the adjacent property owners informing them of the variance petition. The letter shall inform the public that the pending application may be viewed at the community development department.

c.

The community development director shall maintain a record of any public comments submitted concerning the application during the 15-day public notice period. No application shall be approved prior to expiration of this 15-day period.

d.

In the event that public comments in opposition to the proposed administrative variance are received by the community development department, a public hearing before the board of zoning appeals shall be held.

(Ord. No. 7-2020, § 1(Exh. A), 10-26-20; Ord. No. 6-2021, § 1(Exh. A), 11-16-21)

Editor's note— Ord. No. 6-2021, § 1(Exh. A), adopted November 16, 2021, repealed §§ 9.4—9.8, which pertained to approval process for certain uses; adult care home; child care home; personal family care home and congregate personal care home, respectively, and derived from Ord. No. 7-2020, adopted October 26, 2020.