The zoning administrator shall administer and enforce this ordinance, and is hereby given the authority and responsibility to enforce all provisions of this ordinance under the direction of the city council, which includes, but is not limited to, the following duties:

A.

To serve as a liaison between the Sylvester Planning Commission and the mayor and council, keeping each body advised of pending actions pertaining to zoning.

B.

To serve as a nonvoting ex officio member of the planning commission to provide technical assistance in matters relating to zoning requests.

C.

To maintain, in a timely and current manner, the official zoning maps, reflecting thereon any and all rezoning amendments approved by the mayor and council. Amendments to the official zoning map will be posted by the zoning administrator within seven calendar days following approval of such action by the mayor and council.

D.

To perform any other rezoning duties as directed by the city council.

( Ord. No. 2021-03 § V, 4-5-2021)

Cross reference— Officers and employees, § 2-61 et seq.

The following shall apply in the issuance of any permits:

A.

Permits required. It shall be unlawful for any person to commence excavation for, or construction of any building or structure, or moving of any existing building without first obtaining a building permit from the zoning administrator. No permit shall be issued for the construction, alteration or remodeling of any building or structure until an application has been submitted in accordance with the provisions of this resolution, showing that the construction proposed is in compliance with the provisions of this ordinance and with the building code. No plumbing, electrical, drainage or other permit shall be issued until the zoning administrator has determined that the plans and designated use indicate that the structure and premises, if constructed as planned and proposed, will conform to the provisions of this ordinance and with the building code.

It shall be unlawful to use or permit the use of land, buildings or structures for which a building permit is required, and to use or permit to be used any building or structure hereafter altered, extended, erected, repaired or moved, until the zoning administrator has issued a certificate of occupancy, stating that the provisions of this ordinance have been complied with.

A.

Certificate validity. The certificate of occupancy, as required for new construction of, or renovations to, existing buildings and structures, in the building code, shall also constitute certificates of occupancy as required by this ordinance.

B.

Temporary certificates. Temporary certificates of occupancy may be issued for a part of a building or structure prior to the occupation of the entire building or structure, provided that such temporary certificate of occupancy shall not remain in force more than six months, nor more than five days after the building or structure is fully completed and ready for occupancy and, provided further, that such portions of the building or structure are in conformity with the provisions of this ordinance.

C.

Records of certificates. A record of all certificates of occupancy shall be kept in the office of the zoning administrator and copies of such certificates of occupancy shall be furnished upon request to a person or persons having a proprietary or tenancy interest in the property involved.

D.

Certificates for accessory buildings to dwellings. Accessory buildings or structures to dwellings shall not require a separate certificate of occupancy, but rather may be included in the certificate of occupancy for the principal dwelling, building or structure on the same lot when such accessory buildings or structures are completed at the same time as the principal use.

E.

Application for certificates. Certificates of occupancy shall be applied for coincident with the application for a building permit and shall be issued within ten days after the erection of alteration of such building shall have been completed in conformity with the provisions and requirements of this ordinance. If such certificate is refused for cause, the applicant therefor shall be notified of such refusal and the cause thereof within ten days.

Fees for inspections and the issuance of permits or certificates, or copies thereof, required or issued under the provisions of this ordinance shall be collected by the zoning administrator in advance of the issuance of such permits or certificates. The fees shall be deposited in the treasury of the City of Sylvester.

( Ord. No. 2021-03 § VI, 4-5-2021)

The City of Sylvester may amend, supplement or change the regulations or the district boundaries of this ordinance as established herein. The procedure for submitting a request for an amendment to the zoning ordinance or district boundaries of the official zoning map shall be as follows:

A.

The applicant shall complete and submit to the zoning administrator a rezoning application at least 20 days prior to the next scheduled planning commission meeting. Completed applications submitted less than 20 days [prior to such meeting] will not be considered for that meeting.

B.

At the time of the application submittal, the applicant shall deposit the appropriate fee amount with the zoning administrator to cover the cost of processing the application.

C.

Within ten days of the next scheduled planning commission meeting, the zoning administrator shall compile all of the rezoning requests for the next scheduled meeting. This agenda shall be mailed to all planning commission members, and all other relevant personnel.

The following policies and procedures are herein established to provide guidelines for the following zoning activities:

A.

The adoption of a new city zoning ordinance.

B.

The adoption of an amendment of the zoning ordinance which changes the text of the ordinance (text amendment).

C.

The adoption of an amendment to a zoning ordinance (map amendment) which rezones property from one zoning classification to another.

D.

The procedure requirements for zoning amendments sponsored by the City of Sylvester Commission.

E.

The procedure requirements for zoning amendments sponsored by a citizen or property owner.

A.

In the case of developing an initial zoning ordinance (map and text), or updating or amending an existing zoning plan, the planning commission and the city council will, where appropriate, utilize any new or existing land use studies, land use plans or other relevant documents as a resource for ordinance development or ordinance amendment. The City of Sylvester and the planning commission will each hold at least one public hearing on any new zoning ordinance development or any proposed amendment to the current zoning ordinance.

B.

Upon the completion of a preliminary zoning document(s) by the planning commission and after this draft document has been presented to and reviewed by the city council, public hearings will be scheduled by both the planning commission and the city council, respectively. The official public hearing will be held by the planning commission, and the public notice will be given no less than 15 days, nor more than 45 days prior to the official hearing date.

C.

Public hearing notices will be published within a newspaper of general circulation within the City of Sylvester for two consecutive weeks prior to the official public hearing date. The public hearing notice will state the time, place, and purposes of the hearing.

D.

All amendments to any existing zoning plan must [be] reviewed by both the planning commission and city council. However, when the boundary lines of an established zoning district are proposed for change (rezoning), the city council shall have the planning commission prepare an evaluation of each such proposed rezoning, considering each of the following factors:

Rezoning Criteria:

1.

Does the proposed zoning classification promote the health, safety, morals or general welfare?

2.

The existing uses of the subject property and adjacent and near properties.

3.

The current zoning of the subject property and adjacent or near properties.

4.

The extent to which property values are diminished by the present zoning restrictions.

5.

The extent to which the restrictions diminishing property values promotes the health, safety, morals or general welfare of the public.

6.

The relative gain to the public, compared to the extent of hardship imposed upon the individual property owner.

7.

The suitability of the subject [property] considered under the proposed zoning.

8.

The history of the use of the subject property considered in the context of land development in the vicinity of the property.

9.

Conformity with the City of Sylvester Land Use Plan.

E.

The public hearings will be convened at the advertised time and place, and will be presided over by the appropriate officials.

F.

The presider of each respective public hearing will review for those present the following operating procedures for the public hearing:

1.

Each side of a zoning issue will be allowed a minimum of ten minutes per side for the presentation of data, evidence, and opinions.

2.

In order for a person in attendance to speak, the chair must recognize him/her. Upon rising to speak, the person recognized will first identify himself/herself. The chair may also request that the person furnish a home or business street address, as appropriate.

3.

Additional persons will be recognized per the above procedure for the purpose of addressing additional elements of the proposed zoning or to make additional points with regard to elements already addressed, but not to rehash points already made.

4.

Appropriate notes or minutes will be recorded by the city council and the planning commission at their respective public hearings.

G.

The planning commission shall prepare and submit the necessary minutes, evaluations and/or recommendations to the city council prior to the city council's public hearing.

H.

The city council, at its public hearing, will review the evaluation and recommendations from the planning commission and may choose to adopt or reject or modify the planning commission['s] recommendations, or the business may be tabled for additional study to the next regular council meeting.

A.

An application for rezoning must be filed with the zoning administrator on a prescribed form and fees paid as set by the city council.

B.

The zoning administrator will inform the applicant of the public hearing dates. The planning commission will convene a public hearing on each proposal, the official public hearing will be held by the planning commission and public notice will appear no less than 15 days, nor more than 45 days prior to the official public hearing.

C.

Official public notices will be published within a newspaper of general circulation within the City of Sylvester for two consecutive weeks prior to the official public hearing date.

D.

The public hearing notice will name the applicant, the location of property to be affected, the present zoning class, the proposed zoning class and the date, time and place of both the planning commission hearing and the public hearing held by the city council.

E.

The zoning administrator shall have erected upon the property for which rezoning is to be considered, a sign of no less than 17 inches by 24 inches, announcing the public hearings, stipulating the dates, times, and places for the two hearings, the present zoning class and the proposed zoning class. The sign shall be clearly visible from a public street. It shall be erected not less than 15 days before the public hearing date. (Planning commission.)

F.

Any application for rezoning of a particular parcel of property which is denied by the city council may not again be considered for rezoning until the expiration of at least 12 months immediately following the defeat of the rezoning request.

G.

Prior to the filing of an application for rezoning, the citizen/property owner, his engineer, or agent is required to consult with the zoning administrator and other appropriate city departments for the purpose of facilitating the review process. As far as may be practicable on the basis of a sketch, the planning commission or designated staff will, without prejudice to the city, advise the citizen/property owner, within 60 days, of the extent to which the rezoning conforms to the plans of the city and will advise what procedures must be undergone in the rezoning process. The planning commission may extend the review period one time, up to 30 days, based on unusual and unforeseen conditions.

H.

Any application for rezoning of a particular parcel of property will include a development plan of the proposed development in sufficient detail to assist in facilitating the review and rezoning process. The development plans should include at a minimum, approximate tract boundaries; approximate location with respect to land lot lines; streets on and adjacent to the tract; proposed general street layout; significant topographic, physical and historic features; generalized existing vegetation; proposed general lot layout; total number of lots; and building footprints, where applicable.

The City of Sylvester Mayor and Council is hereby authorized to adopt, after a public hearing, such written regulations as may be necessary for the proper enforcement of the provisions of the city ordinance(s). These additional regulations shall have the same effect as all provisions of this ordinance, and the penalty for violation of the provisions thereof shall be the same as the penalty for violation of the provisions of city ordinance(s) as hereinafter provided.

1.

Violations. In cases where a violation of city ordinance(s) has been determined by the designated city official, said official shall notify the owner of the property on which such violation is found, by certified mail, sent to the address of the property owner as it appears in tax information. If the owner of the development is different from the property owner, the violation notice shall also be sent by certified mail to the owner of the development. In the case that no valid mailing address can be obtained, or if the certified mail is returned to the city official, the notice of violation may be hand delivered to the person deemed responsible for said violation. The notice of violation shall clearly state the nature of the violation, including specific provision(s) of this article which have not been complied with, and the date by which said violation(s) will be remedied. Said date will be determined by the city official based on the nature and extent of the violation, but in no case shall exceed 30 days from the date the certified mail was received. In cases where the notice of violation is hand delivered, the date upon which said violation(s) will be remedied shall not exceed 30 days from the date of delivery.

2.

Issuance of stop work orders. The designated city official is authorized to issue stop work orders in any instance where a violation of city ordinance(s) is found. The procedure for issuance of stop work orders shall be the same as the notification procedure for violations, as specified in section 23.02, violations and penalties.

3.

Procedure for noncompliance. In cases where a violation has occurred and the violator has not remedied the violation within the specified time period, or in cases where stop work orders have not been fully complied with, the City of Sylvester Police Department, upon written notification from the designated city official of such violation or noncompliance, shall issue a citation requiring appearance in court, and, upon conviction, shall be subject to a fine not to exceed $500.00, or confinement in the county jail not to exceed 30 days, or by either fine, confinement, or both in the discretion of the City of Sylvester's court. Each and every day that such a violation exists shall be deemed a separate offense. This [sub]section is adopted pursuant to the provision of 1984 Ga. Laws (H.B. 910), O.C.G.A. § 36-1-20(a), (b), (c), and (d). Said citation shall include any and all violations found by the city official.

4.

Exceptions. The only exceptions to the aforementioned enforcement procedures are cases that involve a violation regarding location decals, or cases of failure to provide a complete list of all homes owned, rented or otherwise located upon the property of the entity or in a development operated by the entity. In these cases where a violation occurs, it shall be the duty of the tax commissioner to enforce the provisions of this ordinance.

In any case where a provision of this ordinance is found to be in conflict with a provision of any other ordinance or code of the City of Sylvester existing on the effective date of this ordinance, the provision which, in the judgment of the City of Sylvester Mayor and Council, establishes the higher standard for the promotion and protection of the health and safety of the people shall be deemed to prevail. Such other ordinances which establish a lower standard for the promotion and protection of the health and safety of the people are hereby declared to be repealed to the extent that they may be found in conflict with this ordinance.

If any section, subsection, paragraph, sentence, clause or phrase of this ordinance should be declared invalid for any reason whatsoever, such decision shall not affect the remaining portions of this ordinance which shall remain in full force and effect. To this end, the provisions of this ordinance are hereby declared to be severable.

This ordinance shall become effective on the _____th day of ________, 20___.