a.

Zoning changes. All applications for rezoning or a special use permit for a multi-family or non-residential use must be filed with the Rome/Floyd County Planning Department.

b.

Multi-family and non-residential projects.

(1)

Project Approval is granted by the Planning Department upon review and approval of a Site Plan for the project.

(2)

A Development Permit is issued by the Chief Building Inspector based on review and approval of development plans for construction of the project.

(3)

The Chief Building Official, based on review and approval of architectural plans, issues a Building Permit. Buildings falling under the authority of the State Fire Marshall shall be approved by the Fire Department prior to issuance of the building permit.

(4)

Receipt by the Public Works Department of accurate surveys of the as-built condition of all public improvements is required in order to authorize permanent water and sanitary sewer service.

(5)

The Chief Building Official, based on final inspection and issuance of a Certificate of Occupancy, authorizes permanent electric power and occupancy of the building.

c.

Single-family residential projects. Single-family residential projects shall follow the process outlined in Article 6 for the review and approval of preliminary and final subdivision plats and development permits.

d.

City-County coordination. In order to assure full coordination between all affected departments and agencies and to increase efficiency in the processing of permits, all applications for a rezoning or special use approval shall be submitted to the Planning Department for handling. All applications for a development permit or flood area permit shall be submitted to the Building Inspection Department for handling.

(Ord. 01-7-2, § I, 7-16-01)

The Official Zoning Map be amended from time to time and the Governing Body under the procedures in this section, may approve special uses for specific properties. In addition, the Governing Body, following the procedures in this section, may also approve changes in the conditions of approval pertaining to a specific rezoning or conditional use approval. All of these types of actions are referred to as "zoning changes" and must be filed with the Rome/Floyd County Planning Department.

a.

An application for a zoning change for any property or properties may be initiated by the Governing Body, by the Planning Commission, or by the owner of the property. Unless initiated by the Governing Body or the Planning Commission, the owner of a majority interest in the property affected shall initiate all such applications.

b.

All applications shall be submitted to the Planning Department on the Department's application forms. A non-refundable fee as fixed from time to time by the Governing Body shall accompany all applications. A fee shall not be charged if the Government Body or the Planning Commission has initiated the application.

c.

The Planning Department shall review the application for completeness within five business days of submission. Incomplete or improper applications will be returned to the applicant.

d.

An application for a zoning change affecting the same property shall not be considered by the Governing Body more often than once every 12 months; provided, however, that the Governing Body may approve a reduction in the waiting period to no less than six months.

a.

An application for a rezoning or Special Use Permit approval, related to any use other than a single-family residence, shall be accompanied by a sketch plan if any new construction is proposed, or alteration of the site is required under the site development design standards of this Unified Land Development Code (Article 6). A plat drawing may be submitted in lieu of a sketch plan, if the purpose of the rezoning request is to market the property.

b.

All sketch plans shall be considered binding when made a condition of approval of the rezoning or special use by the respective Governing Body.

c.

The applicant, a professional engineer, a registered land surveyor, a landscape architect, a land planner, or any other person familiar with land development activities may prepare a sketch plan.

d.

The sketch plan shall be drawn to approximate scale on a boundary survey of the tract or on a property map showing the approximate location of the boundaries and dimensions of the tract.

e.

The sketch plan shall show the following, as appropriate to the zoning or special use requested:

(1)

Name and address of the property owner.

(2)

Name, address, and telephone number of the applicant, if different from the owner.

(3)

Date of survey, north point and graphic scale, source of datum, date of plan drawing, and revision dates, as appropriate.

(4)

Proposed use of the property, if known.

(5)

Location (Land District and Land Lot) and size of the property in acres (or in square feet if less than an acre).

(6)

Location sketch of the property in relation to the surrounding area with regard to well known landmarks such as arterial streets or railroads. Sketches may be drawn in freehand and at a scale sufficient to show clearly the information required, but not less than one inch equal to 2,000 feet. U.S. Geological Survey maps may be used as a reference guide for the location sketch.

(7)

Zoning district classification of the subject property and all adjacent properties, and zoning district boundaries if they cross the property.

(8)

Man-made features within and adjacent to the property, including existing streets and names, city and county political boundary lines, and other significant information such as location of bridges, utility lines, existing buildings to remain, and other features as appropriate to the nature of the request.

(9)

The proposed project layout including the approximate outline and location of all buildings, and the location of all minimum building setback lines, outdoor storage areas, buffers, parking areas and driveways.

(10)

A statement as to the source of domestic water supply.

(11)

A statement as to the provision for sanitary sewage disposal.

(12)

The approximate location of proposed storm water detention facilities.

(13)

Such additional information as may be useful to permit an understanding of the proposed use and development of the property.

a.

Public notice.

(1)

Notification to the general public.

(a)

At least 15 days but not more than 45 days prior to the public hearing, notice shall be published in a newspaper of general circulation within the county. The Planning Department shall prepare such notice, which shall state the time, place and purpose of the hearing.

(b)

A zoning change initiated by a party other than the Governing Body or the Planning Commission shall be heard at a public hearing only upon:

1)

The published notice, in addition to the requirements above, shall include the location of the property, the present zoning classification of the property, and the proposed zoning classification of the property or the special use requested; and

2)

At least 15 days prior to the public hearing, the Planning Department shall post a sign or signs of not less than 6 square feet stating "Zoning Action Pending. For further information please contact the Rome-Floyd County Planning Department at (phone number) or (e-mail address)." One such sign shall be placed in a conspicuous location along each street frontage of the property for which the zoning change has been requested. If the property has no street frontage, the sign shall be placed on each street from which access will be gained to the property.

(2)

Notice to surrounding property owners. All adjacent property owners are to be notified of any proposed zoning change without regard for who the applicant is for a zoning change.

(a)

Notice shall be given to all surrounding property owners as follows: At least five days prior to the Planning Commission public hearing, the Planning Department shall cause a notice to be mailed to all persons owning property located adjacent to or across the street from the property that is the subject matter of the zoning change.

(b)

The notice shall state the time, place and purpose of the hearings. The written notice shall be mailed to the property owners as such names and addresses appear on the County's ad valorem tax records.

b.

Planning commission public hearing. The public hearing shall be conducted in the following manner:

(1)

The Chairperson, the Vice Chairperson, or the Planning Commission's designee, who shall act as the Presiding Official, shall convene the public hearing at the scheduled time and place.

(2)

The Presiding Official shall call for each proposed zoning change to be presented to the Planning Commission.

(3)

No person in attendance shall speak unless first formally recognized by the Presiding Official. Upon rising to speak each person recognized shall state his or her name and home address. The Presiding Official may place reasonable limits on the number of persons who may speak for or against a proposal, on the time allowed for each speaker, and on the total time allowed from presentation of the proposed zoning change. No less than ten minutes shall be provided for all of those speaking in support of a zoning change and no less than ten minutes shall be provided for all of those speaking against, unless such proponents or opponents take less time than the minimum allowed. If reasonable time limitations permit, any member of the public may speak at a hearing. However, the applicant and nearby property owners shall be afforded the first opportunity to speak. Each side shall be afforded an equal minimum time period for presentation of data, evidence, and opinion.

(4)

The applicant shall be allowed to speak first in order to present the application. Others in support of the application may then speak, followed by those in opposition to the application. The applicant will then be allowed time for rebuttal provided they have not used all their allotted time during the presentation. Rebuttal must be limited to points or issues raised by opponents to the application at the hearing.

(5)

During the public hearing, the Planning Commission members may ask questions at any time. Time devoted to questions and answers will not be counted against any time limitations that have been imposed on presentations.

(6)

Following the public hearing on each zoning change, the Planning Commission at that time shall make its recommendation or take such other action as may be appropriate.

(a)

A motion to recommend approval that receives an affirmative vote from a majority of the voting members present will be forwarded to the Governing Body as a recommendation for approval. A motion to recommend approval that receives a negative vote from a majority of the voting members present will be forwarded as a recommendation for denial.

(b)

A motion to recommend denial that receives an affirmative vote from a majority of the voting members present will be forwarded to the Governing Body as a recommendation for denial. A motion to recommend denial that receives a negative vote from a majority of the voting members present will be forwarded as a recommendation for approval.

(c)

A tie vote on a motion will be forwarded to the Governing Body as no recommendation with the actual vote transmitted.

(d)

If no action is taken on an application, it will go forward to the Governing Body with no recommendation.

(e)

A motion to postpone that receives an affirmative vote from a majority of the voting members present will result in action on the zoning change being deferred for a period of time as specified by the members of the Planning Commission. However, where the governing body has initiated a zoning change, the Planning Commission shall act on the zoning change by the date specified by the governing body. At the discretion of the chair, a postponed zoning change request may be considered at a specially called meeting.

c.

Governing Body public hearing.

(1)

The Governing Body shall conduct a public hearing to consider an application for a zoning change within its jurisdiction. Said public hearing shall be held no later than the second regular meeting of the Governing Body following the public hearing of the Planning Commission. At a regular meeting prior to its public hearing, the Governing Body shall have a first reading of any proposed rezoning or Special Use ordinance.

(2)

The Chairperson of the Governing Body or another person designated by the Governing Body shall act as Presiding Official.

(3)

The Presiding Official shall call for each proposed zoning change to be presented to the Governing Body. As each application for a zoning change is called for consideration, the Presiding Official shall have the recommendation of the Planning Department read and shall present such other documentation as may be deemed pertinent.

(4)

No person in attendance shall speak unless first formally recognized by the Presiding Official. Upon rising to speak each person recognized shall state his or her name and home address. The Presiding Official may place reasonable limits on the number of persons who may speak for or against a proposal, on the time allowed for each speaker, and on the total time allowed for presentation of the proposed zoning change. No less than ten minutes shall be provided for all those speaking in support of a zoning change and no less than ten minutes shall be provided for all of those speaking against, unless such proponents or opponents take less time than the minimum allowed. If reasonable time limitations permit, any member of the public may speak at a hearing. However, the applicant and nearby property owners shall be afforded the first opportunity to speak. Each side shall be afforded and equal minimum time period for presentation of data, evidence, and opinion.

(5)

The applicant shall be allowed to speak first in order to present the application. Others in support of the application may then speak, followed by those in opposition. The applicant will then be allowed time for rebuttal provided they have not used all their allotted time during the presentation. Rebuttal must be limited to points raised by opponents to the application at the hearing.

(6)

During the public hearing, the members of the Governing Body may ask questions at any time. Time devoted to questions and answers will not be counted against any time limitations that have been imposed on presentations.

(7)

Following the public hearing on the zoning change (or upon second reading), action shall be considered by vote of the Governing Body.

(a)

A motion to approve or deny an application must be approved by an affirmative vote of at least a quorum of the members in order for the motion to be approved.

(b)

If a motion to approve an application fails, the application is automatically denied. If a motion to deny an application fails, another motion would be in order.

(c)

A tie vote on a motion for approval of an application shall be deemed a denial of the application. A tie vote on any other motion shall be deemed to be no action, and another motion would be in order.

(d)

If no action is taken on an application, it shall be considered tabled and action deferred to the next regular meeting of the Governing Body.

(8)

In taking action on an application, the Governing Body may:

(a)

Either approve, approve with conditions, or deny the proposal; or,

(b)

Allow withdrawal if so requested by the applicant (with or without imposing a six-month period during which another zoning change on the property may not be considered); or,

(c)

Table the proposal for consideration at its next scheduled meeting; or,

(d)

Refer the application back to the Planning Commission for further consideration.

d.

Referral to Planning Commission for further consideration. If the Governing Body refers an application back to the Planning Commission for further study:

(1)

The Planning Department shall give public notice of the Planning Commission's hearing for further consideration in the same manner as described above, and the Planning Commission shall conduct its additional public hearing and take action as described above.

(2)

After the Planning Commission's rehearing and recommendation on the referred application, the Governing Body shall follow the same procedures set forth above to consider the application.

e.

Rezoning of areas to be annexed into the city. An area proposed for annexation into the city shall first be considered for rezoning prior to its annexation. Consideration of the rezoning shall be subject to the same procedures, standards, and requirements for any zoning change as contained in this section, except as modified below:

(1)

If the property to be annexed is to continue to have the same zoning district classification for which the property was zoned immediately prior to annexation, the City requires no further action and the existing zoning on the property shall continue in full force and effect.

(2)

If the property to be annexed is proposed or requested to be rezoned, upon or following the date of notice to the County of the proposed annexation as required under O.C.G.A. § 36-36-6, the City Commission shall initiate the rezoning of the property to be annexed or consider an application for a zoning change submitted by or on behalf of the owner of such property under the provisions of this Section.

(3)

The Planning Commission and the Governing Body shall conduct their public hearings on the zoning change prior to the annexation of the land into the City. Notice of such hearing shall be provided under the provisions of this Section, provided further that the notice shall be published in a newspaper of general circulation in the County.

(4)

Following its public hearing on a zoning change for a property proposed to be annexed, the governing body may take action on the zoning change or it may table such action pending action on the proposed annexation. In any event, the zoning change shall become effective on the later of:

(a)

The date the zoning is approved by the governing body; or,

(b)

The date that the annexation becomes effective under O.C.G.A. § 36-36-2.

(5)

Disputes between the City and County concerning annexation shall be resolved in accordance with O.C.G.A. § 36-26-110 et seq.

a.

Zoning map amendments (rezoning). The Planning Commission and the Governing Body shall consider the following standards in considering any zoning proposal that would result in a change in the boundary of a zoning district, giving due weight or priority to those factors that are appropriate to the circumstances of each proposal:

(1)

Is the proposed use or development consistent with the stated purpose of the zoning district?

(2)

Is the proposed use suitable in view of the zoning and development of adjacent and nearby property?

(3)

Will the proposed use not adversely affect the existing use or usability of adjacent or nearby property?

(4)

Is the proposed use compatible with the purpose and intent of the Comprehensive Plan?

(5)

Are there substantial reasons why the property cannot or should not be used as currently zoned?

(6)

Will the proposed use not cause an excessive or burdensome use of public facilities or services, including but not limited to streets, schools, water or sewer utilities, and police or fire protection?

(7)

Is the proposed use supported by new or changing conditions not anticipated by the Comprehensive Plan or reflected in the existing zoning on the property or surrounding properties?

(8)

Does the proposed use reflect a reasonable balance between the promotion of the public health, safety, morality, or general welfare and the right to unrestricted use of property?

b.

Special uses. A special use otherwise permitted within a zoning district shall be considered to be compatible with other uses permitted in the district, provided that due consideration is given to the following objective criteria as applicable to the specific use proposed:

(1)

Is the proposed special use consistent with the stated purpose of the zoning district?

(2)

Is or will the type of street providing access to the use be adequate to serve the proposed special use?

(3)

Is or will access into and out of the property be adequate to provide for traffic and pedestrian safety, the anticipated volume of traffic flow, and access by emergency vehicles?

(4)

Are or will public facilities such as schools, water or sewer utilities, and police or fire protection be adequate to serve the special use?

(5)

Are or will refuse, service, parking and loading areas on the property be located or screened to protect other properties in the area from such adverse effects as noise, light, glare or odor?

(6)

Will the hours and manner of operation of the special use have no adverse effects on other properties in the area?

(7)

Will the height, size or location of the buildings or other structures on the property be compatible with the height, size or location of buildings or other structures on neighboring properties?

c.

Change in Conditions of Approval. Any application that proposes a change in the conditions of approval previously established by the Governing Body through action on a zoning change shall be reviewed in light of the standards set forth in this Section for a map amendment or special use, as appropriate.

a.

If the request for withdrawal is received prior to the publication of notice for the public hearings, the application shall be withdrawn administratively by the Director of Planning without restriction on the re-filing of a proposed zoning change on the property in the future.

b.

If notice has been published but the application has not been heard by the Planning Commission, the application shall be withdrawn administratively by the Director of Planning upon receipt of a written request. An application for a zoning change on the property may then be resubmitted by the applicant, without waiting for a period of six months.

If a second application for rezoning is withdrawn within 6 months of withdrawal of an application for rezoning of the same property, a third application for rezoning of the property may not be resubmitted for 6 months.

c.

Should any request for withdrawal be made by the applicant at or following the Planning Commission hearing, the application shall remain on the Governing Body's public hearing agenda and the withdrawal request shall be considered for approval or denial, with or without prejudice, by the Governing Body.

a.

Any application for rezoning, Special Use Permit, or development or building permit that would result in an activity or project that meets or exceeds any of the State of Georgia thresholds shall be considered a Development of Regional Impact.

(1)

Office: greater than 400,000 gross square feet.

(2)

Commercial: greater than 300,000 gross square feet.

(3)

Wholesale and Distribution: greater than 500,000 gross square feet.

(4)

Hospitals and Health Care Facilities: greater than 300 new beds; or generating more than 375 peak hour vehicle trips per day.

(5)

Housing: greater than 400 new lots or units.

(6)

Industrial: greater than 500,000 gross square feet; or employing more than 1,000 workers; or covering more than 125 acres.

(7)

Hotels: greater than 400 rooms.

(8)

Mixed Use: Total gross square feet greater than 400,000; or covering more than 120 acres.

(9)

Airports, all new airports, runways and runway extensions.

(10)

Attractions & Recreation Facilities: greater than 1,500 parking spaces; or a seating capacity of more than 6,000.

(11)

Post-Secondary School: new school with a capacity of more than 2,400 students; or expansion by at least 25 percent of capacity.

(12)

Waste Handling Facilities: new facility or expansion of use of an existing facility by 50 percent; and located within one-half mile of a jurisdictional boundary.

(13)

Quarries, Asphalt & Cement Plants: new facility or expansion of existing facility by more than 50 percent; and located within one-half mile of a jurisdictional boundary.

(14)

Wastewater Treatment Facilities: new facility or expansion of existing facility by more than 50 percent; and located within one-half mile of a jurisdictional boundary.

(15)

Petroleum Storage Facilities: storage greater than 50,000 barrels if within 1,000 feet of any water supply; otherwise, storage capacity greater than 200,000 barrels; and located within one-half mile of a jurisdictional boundary.

(16)

Water Supply Intakes/Reservoirs: new facilities.

(17)

Intermodal Terminals: new facilities.

(18)

Truck Stops: a new facility with more than three (3) diesel fuel pumps; or containing a half acre of truck parking; or 10 truck parking spaces.

(19)

Any other development types not identified above (includes parking facilities): 1,000 parking spaces.

b.

Any Development of Regional Impact (DRI) shall be submitted by the applicant to the Coosa Valley Regional Development Center (RDC) prior to submission of the application to the Planning Department. Once the RDC has accepted the completed form, and has made an official determination that the project is a DRI (within five-calendar days), the 30-day review period officially begins.

c.

The Governing Body shall not take final action to approve a Development of Regional Impact until either:

(1)

A report has been received from the Coosa Valley RDC reflecting its findings and recommendations, if any; or,

(2)

Said report is not received within 30 days of submittal of the application to the RDC.

a.

Approval of a zoning change shall be in full force and effect upon its approval by the Governing Body, except that:

b.

Approval of a zoning change on a property that is being annexed into the city shall become effective on the later of:

c.

The date the rezoning is approved by the City Commission; or,

(1)

The date that the annexation becomes effective pursuant to state law under O.C.G.A. § 36-36-2.

d.

For a property on which a use, building, structure or other improvements existed in conformity with this Development Code prior to the effective date of a zoning change affecting the property, any such use, building, structure or other improvements no longer in conformance shall be governed under the provisions for Nonconforming Development in Article 1 of this Development Code.

e.

Construction of any use, building, structure, or other improvements for which a building permit has been issued in conformity with this Development Code prior to the effective date of a zoning change affecting the property may continue to completion as though no change had occurred and, upon completion, shall be governed under the provisions for nonconforming development in Article 1 of this Development Code, as applicable.

(Ord. 01-7-2, § I, 7-16-01; Ord. No. 02-6-2, § III, 6-3-02; Ord. No. 02-11-6, § I, 11-18-02; Ord. No. 03-7-13, § I, 7-21-03; Ord. No. 03-10-6, § I, 10-6-03; Ord. No. 04-4-3, § I, 4-5-04; Ord. No. 05-2-11, § I, 2-21-05; Ord. No. 05-8-5, § I, 8-1-05; Ord. No. 06-10-4, § I, 10-2-06; Ord. No. 2007-9-1, § I, 9-17-07; Ord. No. 2009-9-3, §§ I, II, 9-8-09; Ord. No. 2010-6-8, § I, 6-7-10; Ord. No. 2011-11-3, § I, 11-21-11; Ord. No. 2016-04-07, § I, 4-25-16)

The Planning Department must first approve the site plan for development of a multi-family or non-residential project prior to the issuance of a development permit or initiation of any land disturbing or construction activities.

a.

The Chief Building Official is responsible for administering the review and approval process for site plans. The Chief Building Official shall forward a copy of the project approval application to appropriate City or County Departments, the Georgia Department of Transportation, or others as appropriate, for their review and comment. The Chief Building Official shall provide all comments to the applicant for resolution, who shall work with each City or County Department or other agency as necessary to resolve all issues.

b.

A professional engineer, registered land surveyor or landscape architect registered to practice in the State of Georgia may prepare a site plan.

a.

An application for project approval may be processed independently or in conjunction with an application for issuance of a development permit.

b.

The property owner or their authorized representative shall submit an application for project approval to the Building Inspection Department. The application shall include:

(1)

A properly completed application form, as furnished by the Building Inspection Department, requesting review for project approval.

(2)

Copies of the site plan showing the entire ownership drawn to the specifications of this Section, in a number as required by the Building Inspection Department.

(3)

Payment of all applicable application and review fees, as established by the Governing Body from time to time.

c.

The Building Inspection Department shall review the application for completeness at the time of submission. Incomplete applications will be returned to the applicant.

d.

Within two weeks following receipt of the application, the Building Inspection Department shall return to the applicant, on the drawing or in writing, all comments related to compliance with this Development Code.

e.

The owner shall be responsible for compliance with all codes, regulations and zoning requirements and for the satisfaction of all the noted and written comments.

f.

The Building Inspection Department may not approve any site plan whereon is shown a lot or situation that would clearly require a variance to order to be reasonably usable, whether due to the presence of flood plain, unusual configuration, zoning compliance, lack of public utilities, or for any other reason.

g.

When the Building Inspection Department has determined that the site plan is in compliance with the requirements, purpose and intent of this Development Code, it shall be approved. The Chief Building Official or his designee shall sign and date the Certificate of Project Approval stamped or printed on a reproducible copy of the site plan. One copy of the approved drawing shall be transmitted to the applicant and one copy shall be retained by the Building Inspection Department.

h.

The Certificate of Project Approval shall remain in effect for a period of six consecutive months after which time it shall become null and void and a new Certificate may be required if either no permit has been issued or a permit has been issued but no development activity has begun.

a.

The proposed name of the development shall not duplicate or too closely approximate, phonetically, the name of any other development in the city or county. If shown to the contrary, the Building Inspection Department may refuse to accept such.

b.

The site plan shall be prepared on a boundary survey of the entire tract to be subdivided or developed showing the location of the boundaries and dimensions of the tract to be developed.

c.

The site plan shall be clearly and legibly drawn at a scale of 100 feet or less to one inch. The recommended maximum dimensions of the sheet size is 36 inches by 48 inches and the minimum dimensions of 17 inches by 22 inches; however, the Chief Building Official may approve other sheet sizes and scales as appropriate.

d.

For property of over 100 acres, a smaller scale may be used where, in the judgment of the Chief Building Official, presentation of detailed data is not necessary to evaluate the entire project. It is the intent of this provision that in all cases sufficient information shall be provided for an adequate evaluation of the public and private improvements.

a.

Proposed name of development.

b.

Name and address of the property owner and developer.

c.

Name, address, and telephone number of the applicant.

d.

Date of survey, north point and graphic scale, source of datum, date of plan drawing, and revision dates, as appropriate.

e.

Proposed use of the property.

f.

Location (Land District and Land Lot) and size of the property in acres (or in square feet if less than an acre).

g.

Location sketch of the property in relation to the surrounding area with regard to well known landmarks such as arterial streets, railroads or others. Sketches may be drawn in freehand and at a scale sufficient to show clearly the information required, but not less than one inch equal to 2,000 feet. U.S. Geological Survey maps may be used as a reference guide for the location sketch.

h.

Zoning district classification of the subject property and all adjacent properties, and zoning district boundaries as appropriate.

i.

Delineation of required buffers, landscape areas, tree protection areas, and river corridor buffers, as applicable.

j.

Rezoning or conditional use application number, date of approval, and conditions of approval, as applicable. Variances obtained on the property by application number, date of approval, and conditions of approval, as applicable.

k.

Recorded deed names of adjoining property owners.

l.

Natural features within, affecting or affected by the property, including wetlands, drainage channels, bodies of water, wooded areas and other significant natural features such as rock outcroppings. On all watercourses entering or leaving the property, the direction of flow shall be indicated. The 100-year flood plain and wetlands, if any, shall be outlined. The location of the site within a protected groundwater recharge area shall be noted if applicable.

m.

Manmade features within and adjacent to the property, including street right-of-way and pavement widths, names of existing streets, all easements, city and county political boundary lines, and other significant information such as location and dimensions of bridges, utility lines, existing buildings to remain, and other features.

n.

The proposed project layout including:

(1)

For multifamily and nonresidential development site plans, the outline and location of all buildings, and the location of all minimum building setback lines, outdoor storage areas, buffers, parking areas, driveways, curb cuts, and designated fire lanes.

o.

The proposed phasing of the development if it is proposed to be built in sections.

p.

A statement as to the source of domestic water supply.

q.

A statement as to the provision for sanitary sewage disposal. For those properties that will not be served by a public sanitary sewerage system, written approval by the Floyd County Health Department shall be submitted.

r.

The approximate location of proposed storm water detention facilities.

s.

Such additional information as may be reasonably required to permit an adequate evaluation of the development activity proposed in the application.

a.

Signed approval from the County Health Department (if septic tanks will be allowed by the Governing Body).

b.

Certificate of Project Approval, to read as follows:

(Ord. 01-7-2, § I, 7-16-01)

a.

Persons seeking to undertake development activity shall not commence or proceed until development plans are approved and the Chief Building Inspector issues a Development Permit. The process for approval of a development permit is presented in Section 2.5 below.

b.

The development plans for a project shall conform in all respects with the requirements of this Development Code, and shall contain each of the plans in this section as appropriate to the project, including:

(1)

Erosion and Sediment Control Plan.

(2)

Grading Plan.

(3)

Stormwater Management Plan.

(4)

Street Improvement Plan.

(5)

Buffer/Landscaping/Tree Conservation Plan.

(6)

Public Utility Plan.

c.

All development plans and supporting studies shall be prepared by or under the supervision of a professional engineer registered in Georgia.

a.

Plans must be prepared to meet the erosion and sedimentation control requirements of Section 6 of this Development Code or through the use of more stringent, alternate design criteria which conform to sound conservation and engineering practices. Conformance with the minimum requirements may be attained through the use of design criteria in the current issue of the Manual for Erosion and Sediment Control in Georgia; or through the use of alternate design criteria that conform to sound conservation and engineering practices. The erosion and sediment control plan shall consider the interrelationship of the soil types, geological and hydrological characteristics, topography, watershed, vegetation, proposed permanent structures including roadways, constructed waterways, sediment control and storm water management facilities, local ordinances and state laws.

b.

Data Required for Erosion and Sediment Control Plan:

(1)

Narrative or notes, and other information: Notes or narrative to be located on the site plan in general notes or in erosion and sediment control notes.

(2)

Description of existing land use at project site and description of proposed project.

(3)

Name, address, and phone number of the property owner and the developer.

(4)

Name and phone number of 24-hour local contact who is responsible for erosion and sediment controls.

(5)

Size of project, or phase under construction, in acres.

(6)

Activity schedule showing anticipated starting and completion dates for the project. Include the statement in bold letters that "the installation of erosion and sediment control measures shall occur prior to or concurrent with land-disturbing activities."

(7)

Stormwater and sedimentation management systems storage capacity, hydrologic study, and calculations, including off-site drainage areas.

(8)

Vegetative plan for all temporary and permanent vegetative practices, including species, planting dates, and seeding, fertilizer, lime and mulching rates. The vegetative plan should show options for year-round seeding.

(9)

Detail drawings for all structural practices. Specifications may follow guidelines set forth in the Manual for Erosion and Sediment Control in Georgia.

(10)

Maintenance statement: "Erosion and sediment control measures will be maintained at all times. Additional erosion and sediment control measures will be installed if deemed necessary by on-site inspection."

c.

Maps, drawings and supportive computations shall bear the signature/seal of a registered or certified professional in engineering, architecture, landscape architecture, land surveying or erosion and sediment control. The certified plans shall contain:

(1)

Graphic scale and north point or arrow indicating magnetic north.

(2)

Vicinity map showing location of project and existing streets.

(3)

Boundary line survey.

(4)

Delineation of disturbed areas within project boundary.

(5)

Existing and planed contours, with contour lines drawn with an interval in accordance with the following:

(6)

Spot elevations:

(a)

For sites smaller than one acre in size, show the direction of drainage and spot elevations at all breaks in grade and along drainage channels or swales at selected points not more than 100 feet apart.

(b)

For sites of 1 acre and larger with slopes of less than two percent, show contours at intervals of not more than two feet and spot elevations at all breaks in grade along drainage channels and swales at selected points not more than 100 feet apart.

(7)

Adjacent areas and features such as streams, lakes, residential areas, etc. which might be affected should be indicated on the plan.

(8)

The limits of the 100-year flood plain and the floodway.

(9)

Proposed structures or additions to existing structures and paved areas.

(10)

The limits of any required greenway adjacent to state waters.

(11)

Delineate the 100-foot horizontal greenway along designated trout streams, where applicable.

(12)

Location of erosion and sediment control measures using coding symbols from the Manual for Erosion and Sediment Control in Georgia.

d.

Maintenance of all soil erosion and sediment control measures, whether temporary or permanent, shall be at all times the responsibility of the property owner.

a.

Grading plans shall identify existing and proposed topographic contour lines at the interval required for erosion and sediment control plans, above.

b.

Grading plans shall outline any area that is required to remain undisturbed, such as a natural buffer (see "buffers" under Article 6) or greenway (see "greenways" under Article 6) and shall identify and describe the protective fencing or staking to be placed surrounding such area.

c.

If the property contains any area of special flood hazard (the 100-year floodplain), grading plans in and around the flood plain shall be designed in conformance to all requirements relating to flood damage prevention under Article 6 of this Development Code.

a.

All grading and construction details for earthen berms, walls and fences that are proposed as part of the visual screen.

b.

A planting plan showing the location and type of proposed plant materials.

c.

Typical cross-sections of the buffer illustrating the improvements proposed and typical location of vegetation. At least one cross-section shall be provided for each.

(Ord. 01-7-2, § I, 7-16-01)

a.

No person shall conduct any pre-construction, land-disturbing and/or development activity involving more than 0.4 acres without first obtaining a development permit from the Chief Building Official to perform such activity, unless exempted under other sections of this code. (See Article 6.13.)

b.

Any person proposing development shall first submit to the Building Inspection Department an application for a development permit, including all civil design and construction drawings required by this Development Code.

c.

The Building Inspection Department is responsible for administering and coordinating the review process for issuance of development permits. The Building Inspection Department shall forward a copy of the development permit application, including the civil design and constructions drawings for the project, to the Planning Department, Public Works Department and other departments, the Soil and Water Conservation District, the Georgia Department of Transportation or others as appropriate, for their review and comment. The Building Inspection Department shall provide all comments to the applicant for resolution, and shall issue the development permit when all requirements of this Development Code are met.

d.

Approval of plans by the City or County shall not imply or transfer acceptance of responsibility for the application of the principles of engineering, architecture, landscape architecture or any other profession, from the professional, corporation or individual under whose hand or supervision the plans were prepared.

e.

The completion of inspections and authorization for work continuation shall not transfer responsibility for the quality of the work performed or materials used from the owner, nor imply or transfer acceptance of responsibility for project design or engineering from the professional, corporation or individual under whose hand or supervision the plans were prepared.

f.

No development permit shall be interpreted to relieve any owner of the responsibility of maintaining full compliance with all applicable codes, ordinances and other regulations. Any development permit issued in error or in contradiction to the provisions of this Development Code shall be considered to have been null and void upon its issuance.

g.

Liability.

(1)

The approval of an erosion and sediment control plan or other plans under the provisions of this Development Code, the issuance of a development permit, or the compliance with the any other provisions of this Development Code shall not relieve any person from the responsibility for damage to any person or property otherwise imposed by law nor impose any liability upon the governing body or the Coosa River Soil and Water Conservation Commission District for damage to any person or property.

(2)

The fact that any activity for which a development permit has been issued results in injury to the property of another shall neither constitute proof of nor create a presumption of a violation of the standards provided for in this Development Code or the terms of the development permit.

a.

The application for a development permit shall be submitted to the Building Inspection Department and must include the following:

(1)

Application on the form furnished by the Building Inspection Department, requesting review for issuance of a development permit.

(2)

Six copies of:

(a)

The civil design and construction drawings prepared in conformance with the specifications and standards in this Development Code.

(b)

Site plan requesting or reflecting project approval by the Building Inspection Department.

(3)

Payment of any development permit fee, as established from time to time by the Governing Body.

b.

The application will be checked for completeness within five business days of its submission. Incomplete applications will be returned to the applicant.

c.

Upon receipt of a complete development permit application, the Building Inspection Department shall refer the soil erosion and sediment control plan to the Coosa River Soil and Water Conservation District for its review and approval or disapproval concerning the adequacy of the erosion and sediment control plan. No development permit will be issued unless the plan has been approved by the district, and any variances and bonding, if required, have been obtained.

d.

The applicant may be required by the Building Inspection Department to secure development approval from other agencies if they are affected by the development. Development approval may be required from but not limited to:

(1)

The Planning Department.

(2)

The Public Works Department.

(3)

The Public Utilities Department.

(4)

Fire Department.

(5)

County Health Department.

(6)

Coosa River Soil and Water Conservation Commission District.

(7)

Georgia Department of Transportation.

(8)

Georgia Department of Natural Resources.

(9)

U.S. Army Corps of Engineers.

(10)

U.S. Environmental Protection Agency.

e.

Upon receipt of comments from other departments, the Building Inspection Department shall forward all comments related to compliance with this Development Code, conditions of zoning approval, and other regulations or ordinances, as appropriate.

f.

The applicant shall be responsible for compliance with all codes, regulations and zoning requirements and for the satisfaction of all of the comments received from the various departments and agencies.

g.

Reserved.

a.

If the applicant has had two or more violations of previous development permits, the Development Code or the Georgia Erosion and Sedimentation Act, as amended, within three years prior to the date of filing of the application under consideration, the Chief Building Official shall refer the development permit application to the Governing Body.

(1)

The Governing Body may deny the development permit application; or,

(2)

The Governing Body may require the applicant to post a performance bond in the form of government security, cash, irrevocable letter of credit or any combination thereof up to, but not exceeding, $3,000.00 per acre or fraction thereof of the proposed land-disturbing activity, prior to issuing the development permit. If the applicant does not comply with this Development Code or with the conditions of the development permit after issuance, the Governing Body may call the bond or any part thereof to be forfeited and may use the proceeds to hire a contractor to stabilize the site of the land-disturbing activity and bring it into compliance.

a.

Following satisfaction of all comments, receipt of approvals from all affected agencies and receipt of all required bonds, the Chief Building Inspector shall issue a development permit authorizing development activities to begin based on the approved civil design and construction drawings.

b.

No development permit shall be issued unless the erosion and sediment control plan has been approved by the Coosa River Soil and Water Conservation District and it has been affirmatively determined that the plan is in compliance with all requirements of this Development Code. If the development permit is denied, the reason for denial shall be furnished to the applicant. (See Article 6.13.)

c.

If the tract is to be developed in separate and distinct phases, then a separate development permit may be required for each phase. (See Article 6.13.)

d.

The development permit may be suspended, revoked, or modified, as to all or any portion of the land affected by the plan, upon finding that the holder or his successor in title is not in compliance with the approved erosion and sediment control plan or that the holder or his successor in title is in violation of his Development Code. A holder of a development permit shall notify any successor in title to him as to all or any portion of the land affected by the approved plan of the conditions contained in the development permit. (See Article 6.13.)

a.

A development permit shall expire if the development activity described in the permit is not begun within six months from the date of issuance.

b.

The Chief Building Inspector may renew any development permit that has expired with the concurrence of the respective Public Works Department, within six months of expiration. If a development permit has expired for more than six months, the applicant shall be required to apply for a new development permit-under the development permit approval process of this Development Code.

(Ord. No. 01-7-2, § I, 7-16-01; Ord. No. 05-2-4, § I, 2-7-05)

a.

Application for a flood area permit shall be made to the Building Inspection Department on forms furnished by them prior to any development activities.

b.

The application for a flood area permit is to include the following:

(1)

Plans in duplicate drawn to scale showing the nature, location, dimensions, and elevations of the area in question.

(2)

Location of existing or proposed structures, fill, storage of materials and drainage facilities.

(3)

Elevation in relation to mean sea level of the proposed lowest floor, including basement, of all buildings.

(4)

Elevation in relation to mean sea level to which any non-residential building will be flood-proofed.

(5)

Certificate from a registered professional engineer or architect that any non-residential flood-proofed building will meet the flood-proofing criteria in Article 6 of this Development Code.

(6)

Description of the extent to which any watercourse will be altered or relocated as a result of proposed development.

c.

An application for a flood area permit shall be processed in the same manner as a development permit.

(Ord. No. 01-7-2, § I, 7-16-01)

a.

No curb shall be changed or removed, and no driveway connected to a public street or on or across a public right-of-way or public property shall be repaired or installed without first having the written approval of the Public Works Department.

b.

Applications may be made at the Public Works Department.

c.

Approval shall expire for work not started within 90 days or completed within six months of the date of approval.

(Ord. No. 01-7-2, § I, 7-16-01)

The building codes adopted and enforced by the City of Rome and Floyd County shall include those mandated by the State of Georgia; and may include those approved by the state. Building codes may be revised from time to time as mandated or approved by the state.

a.

Procedure for approval. The Chief Building Official shall be responsible for administering and enforcing the building codes of the City and the County.

(1)

Prior to issuance of a building permit the owner shall have received a development permit if required by this Development Code.

(2)

Zoning verification shall be obtained from the Planning Department. The following shall be attached to the Zoning Verification Application:

(a)

For a single-family detached or two-family dwelling, a plat of the lot showing the outline of the principal building and minimum building setback lines for the lot or an affidavit signed by the owner and stating that the site complies with the provisions of this Code concerning the placement of the dwelling.

(b)

For a multi-family or non-residential building, the site plan upon which was granted project approval by the Planning Commission.

(c)

A street address number is assigned by the appropriate local government department as required by O.C.G.A. § 43-4-14.

(3)

Application for a building permit shall be made to the Chief Building Official. The application shall include:

(a)

Application on the form furnished by the Chief Building Official, requesting issuance of a building permit.

(b)

A copy of the zoning verification approved by the Planning Department.

(c)

Two sets of the building plans for principal multi-family or nonresidential buildings prepared in conformance with this Development Code and the applicable building codes. Plans shall be prepared by or under the supervision of, or reviewed and approved by, an architect registered in Georgia, who shall sign and seal each sheet in the original set of drawings.

(d)

The Governing Body has allowed County Health Department approval if an on-site sewage disposal system.

(e)

Payment of the building permit application and review fee.

(f)

Water meter receipt issued by the appropriate local department.

(g)

For applications to move a site-built house, structure or building, the following additional information is required:

1)

The name of the person performing the moving;

2)

The origin and destination of the moving;

3)

The names of the owners of the property from which the structure is removed and of the property to which it is moved;

4)

A detailed outline of the route to be followed and the equipment to be used; and

5)

An estimate of the time involved, including the time of the day when said operation shall be conducted.

6)

Any application for a permit must be made at least 48 hours prior to the proposed moving.

7)

In addition to a fee charged for permits, the mover of any site-built house, building or structure shall deposit with the Chief Building Official $400.00 for each structure, to be returned to the mover within five days after such moving if no damage is done to public property.

8)

The Chief of Police shall furnish a police escort if he deems it necessary

(4)

The Chief Building Official will check the application for completeness at the time of submission. Incomplete applications will be returned to the applicant.

(5)

For multi-family and nonresidential buildings, within two weeks following receipt of a complete application, the Building Official shall indicate on one copy of the building plans or in writing all comments related to compliance of the building plans with this Development Code, applicable building codes, and any conditions of zoning approval.

(6)

The owner shall be responsible for compliance with this Development Code and all building code requirements, regulations, and for the satisfaction of all of the comments of the Building Official.

(7)

At such time as the owner has addressed the comments to the satisfaction of the Building Official and the State Fire Marshall, a building permit shall be issued for the structure.

(8)

Plumbing, electrical and mechanical permits shall be issued separately by the Building Official or separately identified on the building permit. Such permits must be issued prior to commencement of work by each affected trade.

b.

Standards for approval.

(1)

Building permits shall be issued only on buildable lots of record, as defined in this Development Code.

(2)

Building permits shall be issued in conformance with the adopted technical codes and supplements that constitute the Building Code and with this Development Code.

a.

It shall be unlawful to use or occupy or permit the use or occupancy of any building, or structure, or premises, or part thereof hereafter created, erected, changed, converted, or wholly or partly altered or enlarged in its use or structure, until a Certificate of Occupancy shall have been issued stating that the building or structure or premises conforms to the requirements of the building codes and this Development Code.

b.

If the property is served by an on-site sewage disposal system, the Certificate of Occupancy shall not be issued by the Chief Building Official until the Health Department has approved a septic system and in return notifies the Chief Building Official that the system installed meets the County Health Department's standards.

c.

A temporary certificate of occupancy may be issued for a period not to exceed six months during alterations or partial occupancy of a building or structure pending its completion, provided that such temporary certificate may include such conditions and safeguards as will protect the safety of the occupants and the public.

d.

A certificate of occupancy shall be required for any of the following:

(1)

Occupancy and use of a building or structure constructed or enlarged.

(2)

Change in use of existing buildings to uses of a different classification.

(3)

Any change in use of a nonconforming use, lot or structure.

(4)

Permanently Electric power may not be supplied to any structure until a Certificate of Occupancy shall have been issued. Electrical service shall be supplied by a temporary meter pack to be installed on the permanent meter socket until all phases of inspections have been satisfactorily completed.

e.

A record of all Certificates of Occupancy shall be maintained by the Building Inspection Department and a copy shall be furnished upon request to any person.

(Ord. No. 01-7-2, § I, 7-16-01; Ord. No. 06-10-5, § I, 10-2-06; Ord. No. 2009-4-11, § I, 4-20-09; Ord. No. 2009-4-12, § I, 4-20-09)

a.

Building permits for all structures or interior finishes are issued after meeting the applicable requirements of the fire prevention and life safety code and the various health and building codes. A permit is also required for the movement of any site-built house, structure or building.

b.

For any structure served by an on-site sewage disposal system, a permit issued by the Floyd County Health Department shall be required prior to issuance of a Building permit. Said permit may first require approval by the Floyd County Health Department of a plan showing the location of the sewage disposal system and other on-site improvements, in accordance with their regulations.

c.

Building permits shall only be issued on lots of record, as defined in this Development Code.

a.

Inspections shall be scheduled with the Chief Building Inspector at least 24 hours before the inspection is needed for all foundations and footings, and 48 hours prior to all other inspections. Requests for inspection should include the street address, lot number, building permit number, and type of inspection.

b.

Required Inspections:

(1)

Foundation. Verify minimum required building setbacks, footing, trenches dug and reinforcing steel in place.

(2)

Plumbing Connections. Water supply line and sewer lateral in slab foundation.

(3)

Framing. Completion of all rough-ins and after insulation is installed.

(4)

Interior walls may not be covered until the following inspections are completed:

(a)

Mechanical. Rough-ins complete with pressure test on gas line.

(b)

Electrical. Rough-ins with neutral, ground, and service cable wired are completed.

(c)

Plumbing. Rough-ins complete and all fixtures installed.

(d)

Other inspections are completed as required by the Building Inspection Department as necessary to ensure compliance with all applicable codes.

(5)

Final Inspection. Building is complete and ready to occupy.

a.

Upon placement of the lowest floor, or flood proofing by whatever construction means, or upon placement of the horizontal structural members of the lowest floor, whichever is applicable, it shall be the duty of the development permit holder to submit to the Chief Building Inspector a certification of the elevation of the lowest floor, flood proofed elevation, or the elevation of the lowest portion of the horizontal structural members of the lowest floor, whichever is applicable, as built, in relation to mean sea level.

b.

Certification shall be prepared by or under the direct supervision of a registered land surveyor or professional engineer and certified by such registered land surveyor or professional engineer. When flood proofing is utilized for a particular building, the certification shall be prepared by or under the direct supervision of a professional engineer or architect and certified by the professional engineer or architect.

c.

Any work undertaken prior to submission of the certification shall be at the development permit holder's risk.

d.

The Chief Building Inspector shall review the floor elevation survey data submitted. The development permit holder immediately and prior to further progressive work being permitted to proceed shall correct deficiencies detected by such review. Failure to submit the survey or failure to make the corrections shall be cause to issue a stop-work order for the project.

(Ord. No. 01-7-2, § I, 7-16-01)

The Rome-Floyd County Development Code may be amended from time to time in whole or in part under the provisions of this section. For an amendment having application in both the City and County to become effective, the governing bodies of both the City and the County must approve it. For an amendment having on its face application only in the City to become effective, the Governing Body of the City only must approve it. For an amendment having on its face application only in the county to become effective, the governing body of the County only must approve it.

a.

Public Notice. The public shall be notified of any proposed text amendments in the following manner.

(1)

At least 15 days, but not more than 45 days prior to the public hearing, notice shall be given in a newspaper of general circulation within the county. The Planning Department shall prepare such notice, which shall state the time, place and purpose of the hearing.

(2)

For overlay district text amendments, the Planning Department shall give notice to each property owner, as such names and addresses appear on the County's ad valorem tax records, whose property lies within the boundaries of such overlay district. The notice shall be mailed at least five days prior to the hearing and shall state the nature of the proposed amendment; and the time and place of the hearing.

b.

Planning Commission Public Hearing. The public hearing held by the Planning Commission for a text amendment shall be conducted in the following manner:

(1)

The Chairperson, the Vice-Chairperson, or the Planning Commission's designee, who shall act as the Presiding Official, shall convene the public hearing at the scheduled time and place.

(2)

The Presiding Official shall call for each proposed text amendment to be presented to the Planning Commission.

(3)

No person in attendance shall speak unless first formally recognized by the Presiding Official. Upon rising to speak, each person shall state his or her name and home address. The Presiding Official may place reasonable limits on the number of persons who may speak for or against a proposal, on the time allowed for each speaker, and on the total time allowed for presentation of the proposed text amendment. No less than ten minutes shall be provided for all those speaking in support of a text amendment and no less than ten minutes shall be provided for all those speaking against, unless such proponents or opponents take less time than the minimum allowed. Each side shall be afforded an equal minimum time period for presentation of data, evidence and opinion.

(4)

Following the public hearing on each text amendment, the Planning Commission at that time shall make its recommendation or take such other action as may be appropriate.

(a)

A motion to recommend approval that receives an affirmative vote from a majority of the voting members present will be forwarded to the Governing Body as a recommendation for approval. A motion to recommend approval that receives a negative vote from a majority of the voting members present will be forwarded as a recommendation for denial.

(b)

A motion to recommend denial that receives an affirmative vote from a majority of the voting members present will be forwarded to the Governing Body as a recommendation for denial. A motion to recommend denial that receives a negative vote from a majority of the voting members present will be forwarded as a recommendation for approval.

(c)

A tie vote on a motion will be forwarded to the Governing Body as no recommendation with the actual vote transmitted.

(d)

If no action is taken on an application, it will go forward to the Governing Body with no recommendation.

(e)

A motion to postpone that receives an affirmative vote from a majority of the voting members present will result in action on the text amendment being deferred for a period of time as specified by the members of the Planning Commission. However, where the governing body has initiated a text amendment, the Planning Commission shall act on the text amendment by the date specified by the Governing Body. At the discretion of the chair, a postponed text amendment may be considered at a specially called meeting.

c.

Governing Body Public Hearing.

(1)

Each Governing Body shall conduct a public hearing to consider a text amendment at no later than its second scheduled meeting following the public hearing of the Planning Commission, except that no public hearing or vote shall be conducted by the County where the proposed amendment has on its face application only in the City, and no public hearing or vote shall be conducted by the City where the proposed amendment has on its face application only in the County.

(2)

The Chairperson of each Governing Body or another person designated by the Governing Body shall act as Presiding Official.

(3)

The Presiding Official shall submit each proposed amendment to the Governing Body. The Presiding Official shall read the recommendation of the Planning Department and shall present such other documentation, as he may deem pertinent.

(4)

No person in attendance shall speak unless first formally recognized by the Presiding Official. Upon rising to speak, each person shall state his or her name and home address. The Presiding Official may place reasonable limits on the number of persons who may speak for or against a proposal, on the time allowed for each speaker, and on the total time allowed for presentation of the proposed text amendment. No less than ten minutes shall be provided for all those speaking in support of the text amendment and no less than ten minutes shall be provided for all those speaking against, unless such proponents or opponents take less time than the minimum allowed. Each side shall be afforded an equal minimum time period for presentation of data, evidence, and opinion.

(5)

During the public hearing, the members of the Governing Body may ask questions at any time. Time devoted to questions and answers will not be counted against any time limitations that have been imposed on presentations.

(6)

Following the public hearing on the text amendment (or at the second reading), action shall be considered by vote of the Governing Body.

(a)

A motion to approve or deny an amendment must be approved by an affirmative vote of at least a quorum of the members in order for the motion to be approved.

(b)

If a motion to approve an amendment fails, the amendment is automatically denied. If a motion to deny an amendment fails, another motion would be in order.

(c)

A tie vote on a motion for approval of an amendment shall be deemed a denial of the amendment. A tie vote on any other motion shall be deemed to be no action, and another motion would be in order.

(d)

If no action is taken on an amendment, it shall be considered tabled and action deferred to the next regular meeting of the Governing Body.

(7)

In taking action on an amendment, each Governing Body may:

(a)

Approve, approve with changes, or deny the proposal; or,

(b)

Table the proposal for consideration at its next scheduled meeting; or,

(c)

Refer the amendment back to the Planning Commission for further consideration.

d.

Referral to Planning Commission for Further Consideration. If the Governing Body refers an amendment back to the Planning Commission for further study:

(1)

The Planning Department shall give public notice of the Planning Commission's hearing for further consideration in the same manner as described above, and the Planning Commission shall conduct its additional public hearing and take action as described above.

(2)

After the Planning Commission's rehearing and recommendation on the referred amendment, the Governing Body shall follow the same procedure set forth above to consider the amendment.

a.

Is the proposed amendment consistent with the purpose and intent of this Development Code as stated under Article 1?

b.

Does the proposed amendment further or is it compatible with the purpose and intent of the Comprehensive Plan?

c.

Is the proposed amendment required to adequately address new or changing conditions or to properly implement the Comprehensive Plan?

d.

Does the proposed amendment reasonably promote the public health, safety, morality or general welfare?

a.

Approval of a text amendment having application in both the City and County shall be in full force and effect upon its approval by the Governing Bodies of both the City and the County or upon the stated effective date thereof, and shall thereupon apply to every property for which a use has not been established or for which a building permit or development permit may be subsequently requested. Approval of a text amendment having on its face application only in the City shall be in full force and effect upon its approval by the Governing Body of the City, or upon the stated effective date thereof and shall thereupon apply to every property in the City for which a use has not been established or for which a building permit or development permit may subsequently be requested. Approval of a text amendment having on its face application only in the County shall be in full force and effect upon its approval by the Governing Body of the County, or upon the stated effective date thereof and shall thereupon apply to every property in the County for which a use has not been established or for which a building permit or development permit may subsequently be requested.

b.

For a property on which a use, building, structure or other improvements existed in conformity with this Development Code prior to the effective date of a text amendment affecting the property, any such use, building, structure or other improvements no longer in conformance shall be governed under the provisions for Non-conformities in Article 1 of this Development Code.

c.

Construction of any use, building, structure, or other improvements for which a building permit has been issued in conformity with this Development Code prior to the effective date of a text amendment may continue to completion as though no change had occurred and, upon completion, shall be governed under the provisions for Nonconformities in Article 1 of this Development Code, as applicable.

(Ord. No. 01-7-2, § I, 7-16-01; Ord. No. 04-4-4, § I, 4-5-04; Ord. No. 04-7-4, § IV, 7-19-04; Ord. No. 05-2-11, § II, 2-21-05; Ord. No. 06-8-3, § I, 8-7-06; Ord. No. 2007-9-2, § II, 9-17-07; Ord. No. 2010-6-6, § I, 6-7-2010; Ord. No. 2010-6-7, § I, 6-7-10; Ord. No. 2010-9-4, §§ I, II, 9-20-10)

a.

When aggrieved by an action or an interpretation of an administrative official made under this Development Code.

b.

When an exception is desired for a particular property from certain requirements of this Development Code, as specified in this Section.

c.

When compliance with the requirements of this Development Code would create a particular and unique hardship.

d.

When the requirements for flood protection affect an historic structure.

a.

All requests for relief shall be taken as an appeal to the Board of Adjustments, as provided in this Section.

b.

If denied, an application for a hardship variance or special exception affecting the same property shall not be reconsidered for a period of 12 months from the date of denial; provided, however, that the Board of Adjustments may reduce the waiting period under extenuating circumstances or on its own motion.

a.

Appeals of an administrative decision to the Board of Adjustments may be initiated by any person aggrieved or by an officer or department head of the City or County. Such appeal shall be initiated within 15 days of the action or decision appealed from by filing with the Chief Building Official a notice of said appeal specifying the grounds thereof.

b.

The holder of or applicant for a development permit or a building permit may appeal any of the following actions taken by an administrative official:

(1)

The suspension, revocation, modification or grant with condition of a development permit by the Chief Building Official upon finding that the holder is not in compliance with the approved erosion and sediment control plan or other approved plans.

(2)

The determination by the Chief Building Official that the holder is in violation of development permit or building permit conditions.

(3)

The determination by the Chief Building Official that the holder is in violation of any other provision of this Development Code.

c.

Interpretations. The Board of Adjustments, upon appeal of an aggrieved party or at the request of the Chief Building Official shall:

(1)

Interpret the use of words or phrases within the context of the intent of this Development Code as pertinent to their jurisdiction.

(2)

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

(3)

Decide appeals from any order, determination, decision or other interpretation by the Chief Building Official or other person acting under authority of this Development Code, where a misinterpretation or misapplication of the requirements or other provisions of this Development Code is alleged.

(4)

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

d.

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

e.

A decision of the Board of Adjustments shall be final unless the aggrieved party request an appeal before the City and/or adjudication by the City or County Attorney in an effort to resolve appeals, prior to going to court. Only a court of competent jurisdiction may hear such appeals.

a.

General limitations on relief. Special exceptions shall be limited to relief from the following requirements of this Development Code:

(1)

Minimum building setbacks.

(2)

Maximum building height.

(3)

Minimum lot width.

(4)

Public street frontage.

(5)

Buffers and screening.

(6)

Signage, in accordance with a uniform sign plan.

(7)

Parking requirements.

b.

Standards for approval. A special exception may be granted upon a finding that the relief, if granted, would not cause substantial detriment to the public good or impair the purpose and intent of the Development Code.

c.

If denied, an application for a special exception affecting the same property shall not be reconsidered for a period of 12 months from the date of denial; provided, however, that the Board of Adjustments may reduce the waiting period under extenuating circumstances or on its own motion.

d.

In no case shall a special exception be granted from the conditions of approval imposed on a property through a zoning change granted by the Governing Body.

a.

General.

(1)

Relief from the application of the provisions of this Development Code may be granted by the Board of Adjustments upon a finding that compliance with such provision will result in a hardship to the property or owner that is substantially unwarranted by the protection of the public health, safety or general welfare, and the need for consistency among all properties similarly zoned.

(2)

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

b.

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

(1)

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

(2)

The application of the Development Code to this particular piece of property would create an unnecessary hardship; or,

(3)

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

c.

If denied, an appeal for a hardship variance affecting the same property shall not be reconsidered for a period of 12 months from the date of denial; provided, however, that the Board of Adjustments may reduce the waiting period under extenuating circumstances or on its own motion.

d.

In no case shall a hardship variance be granted for any of the following:

(1)

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

(2)

A change in the conditions of approval imposed through a zoning change granted by the Governing Body.

(3)

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

(4)

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

(5)

Any increase in the number of dwelling units or non-residential building floor area otherwise permitted by the zoning district that is applicable to the property.

a.

Flood protection variances may be approved for the reconstruction, rehabilitation or restoration of buildings listed on the National Register of Historic Places or the state inventory of historic places provided that the proposed reconstruction, rehabilitation or restoration will not result in the building losing its historical designation.

b.

In passing upon a flood protection variance, the Board of Adjustments shall consider all technical evaluations, all relevant factors, all standards specified in other sections of this Development Code relating to flood damage prevention, and the:

(1)

Danger that materials may be swept onto other lands to the injury of others;

(2)

Danger to life and property due to flooding or erosion damage;

(3)

Susceptibility of the facility and its contents to flood damage and the effect of such damage on the individual owner;

(4)

Importance of the services provided by the facility to the community;

(5)

Necessity of the facility to a waterfront location, in the case of a functionally dependent facility;

(6)

Availability of alternative locations, not subject to flooding or erosion damage, for the proposed use;

(7)

Compatibility of the use with existing and anticipated development;

(8)

Relationship of the use to the comprehensive plan and flood plain management program for that area;

(9)

Safety of access to the property in times of flood for ordinary and emergency vehicles;

(10)

Expected heights, velocity, duration, rate of rise and sediment transport of the floodwaters and the effects of wave action, if applicable, expected at the site; and

(11)

Costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical and water systems, and streets and bridges.

c.

Upon consideration of the factors listed above, and the purposes of this Development Code, the Board of Adjustments may attach such conditions to the granting of the variance as it deems necessary to further the purposes of flood damage prevention.

d.

Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result.

e.

Conditions for variances are as follows:

(1)

Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief; and in the instance of an historical building, a determination that the variance is the minimum necessary so as not to destroy the historical character and design of the building.

(2)

Variances shall only be approved upon:

(a)

Showing of good and sufficient cause;

(b)

Determination that failure to grant the variance would result in exceptional hardship; and

(c)

Determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expenses, create nuisances, cause fraud on or victimization of the public, or conflict with existing local laws or Development Codes.

(3)

Any applicant to whom a variance is granted shall be given written notice specifying the difference between the base flood elevation and the elevation to which the building is to be built and stating that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation.

(4)

The Chief Building Official shall maintain the records of all appeal actions and report any variances to the Federal Emergency Management Agency upon request.

a.

Upon receiving a notice of an appeal, the Chief Building Official shall assemble such memos, papers, plans, or other documents as may constitute the record for the appeal or as may provide an understanding of the issues involved.

b.

An application for an appeal shall include such descriptions, maps or drawings as needed to clearly illustrate or explain the action requested. The Chief Building Official may request such additional information from the appellant as necessary to provide a full understanding of the appellant's request.

c.

Once the record has been assembled, Chief Building Official shall schedule the appeal for consideration at the next scheduled meeting of the appropriate Board of Adjustments for which adequate public notice can be given.

d.

Public Notice.

(1)

Notification to the General Public.

(a)

At least 30 days, but not more than 45 days, prior to the public hearing, notice shall be published in a newspaper of general circulation within the county. The Building Inspection Department shall prepare such notice, which shall state the time, place, and purpose of the hearing.

(b)

A request for a special exception, hardship variance or flood protection variance shall be heard at a public hearing only upon:

1)

The published notice, in addition to the requirements above, shall include the location of the property, the present zoning classification of the property, and the nature of the requested action; and

2)

At least 15 days prior to the public hearing, the Chief Building Official shall post a sign or signs of not less than 6 square feet stating "Zoning Action Pending. For further information please contact the Rome-Floyd County Planning Department at (phone number) or (e-mail address)." One such sign shall be placed in a conspicuous location along each street frontage of the subject property. If the property has no street frontage, the sign shall be placed on each street from which access will be gained to the property.

(2)

Notice to Surrounding Property Owners. If the request is for a special exception, hardship variance or flood protection variance, notice shall also be given to surrounding property owners as follows:

(a)

At least five days prior to public hearing, the Chief Building Official shall cause a notice to be mailed to all persons owning property located adjacent to or across the street from the property that is the subject matter of request.

(b)

The notice shall state the time, place and purpose of the hearing by the Board of Adjustments. The written notice shall be mailed to the property owners as such names and addresses appear on the County's ad valorem tax records.

(3)

Notification to the Property Owner. At least 30 days, but not more than 45 days, prior to the public hearing, the Chief Building Official shall cause a notice to be mailed to the last known address of the owner of the property that is the subject matter of the request.

e.

Any appellant wishing to withdraw an appeal prior to the meeting of the Board of Adjustments shall file a written request for such withdrawal with the Chief Building Official. The appeal shall thereupon be removed from the Board's agenda and the request shall have no further effect.

f.

Board of Adjustments Public Hearing.

(1)

The Chairperson, the Vice-Chairperson, or the Board of Adjustments' designee, who shall act as the Presiding Official, shall convene the public hearing at the scheduled time and place.

(2)

The Presiding Official may administer oaths and compel the attendance of witnesses by subpoena.

(3)

The Chief Building Official shall submit the assembled record of the appeal to the Board of Adjustments. The Chief Building Official, or other appropriate party if the appeal was taken from an administrative action or interpretation, shall provide such information or explanation as appropriate to the circumstances of the appeal.

(4)

At the hearing, any party may appear in person or by agent or by attorney. No person in attendance shall speak unless first formally recognized by the Presiding Official. Upon rising to speak each person recognized shall state his or her name and home address. The Presiding Official may place reasonable limits on the number of persons who may speak for or against a request, on the time allowed for each speaker, and on the total time allowed for presentation of the request. No less than ten minutes shall be provided for all of those speaking in support the request and no less than ten minutes shall be provided for all of those speaking against, unless such proponents or opponents take less time than the minimum allowed. If reasonable time limitations permit, any member of the general public may speak at a hearing. However, the appellant and nearby property owners shall be afforded the first opportunity to speak.

(5)

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

(6)

During the public hearing, the members of the Board of Adjustments may ask questions at any time. Time devoted to questions and answers will not be counted against any time limitations that have been imposed on presentations.

(7)

At the meeting, following presentation of the appeal, action shall be taken by vote of the Board of Adjustments.

(a)

A motion to approve or deny an appeal must be approved by an affirmative vote of at least three members in order for the motion to be approved.

(b)

If a motion to approve an appeal fails, the appeal is automatically denied. If a motion to deny an appeal fails, another motion would be in order.

(c)

A tie vote on a motion for approval of an appeal shall be deemed a denial of the appeal. A tie vote on any other motion shall be deemed to be no action, and another motion would be in order.

(d)

If no action is taken on an appeal, it shall be considered tabled and action deferred to the next regular meeting of the Board of Adjustments.

(8)

In taking action on an appeal, the Board of Adjustments may:

(a)

Approve, approve with changes, or deny the request; or,

(b)

Table the appeal for consideration at its next scheduled meeting; or,

(c)

Allow withdrawal of the appeal at the request of the appellant.

(Ord. No. 01-7-2, § I, 7-16-01; Ord. No. 2008-2-3, § I, 2-4-08; Ord. No. 2009-4-13, § I, 4-20-09; Ord. No. 2011-11-4, § I, 11-21-11; Ord. No. 2023-6-3, § 1, 6-20-23)

a.

Upon submission of a valid application for a zoning change or for the granting of an appeal on a property, no permits shall be issued nor shall any actions be undertaken on the property that may be affected by the outcome of such application.

(Ord. No. 02-1-4, § I, 1-7-02)