The provisions of this chapter shall be administered and enforced by the city building inspector. This official shall have the right to enter upon any premises for the purpose of making inspections of buildings or premises necessary to carry out his duties in the enforcement of this chapter. In addition, he shall issue or cause to be issued all building permits and make and maintain records thereof, issue all certificates of occupancy and make and maintain records thereof, and conduct inspections as prescribed by this chapter and other such inspections as are necessary to insure compliance with this chapter.

(Ord. No. 426, § 402.1, 6-26-86)

It shall be unlawful to commence the excavation for or the construction of any building or structure including accessory structures, or to commence the moving, alteration or repair of any structure including accessory structures, until the building inspector has issued for such work a building permit containing a statement that the plans, specifications and intended use of such structure in all respects conform with the provisions of this chapter.

(Ord. No. 426, § 402.2, 6-26-86)

Cross reference— Buildings and building regulations, ch. 5.

(a)

Application for a building permit shall be made in writing at city hall on forms provided for the purpose. It shall be unlawful for the city building inspector to approve the plans or issue a building permit for any excavation or construction until he has inspected such plans in detail and found them to be in conformity with this chapter. To this end, the city building inspector may require that every application for a building permit for excavation, construction, moving or alteration shall be accompanied by a plan or plat drawn to scale and showing the following in sufficient detail to enable the building inspector to ascertain whether the proposed excavation, construction, moving or alteration is in conformance with this chapter:

(1)

The actual shape, location and dimensions of the lot to be built upon.

(2)

The shape, height, use and location on the lot, buildings or structures to be erected or altered.

(3)

The sizes, locations and use of all existing buildings or structures on the lot.

(4)

The number of dwelling units the building, if residential, is designed to accommodate.

(5)

The setback lines of buildings on adjoining lots.

(6)

The layout of off-street parking and unloading spaces.

(7)

Signature of the county health officer approving the proposed location of the septic tank and field lines provided public sewerage is not available.

(8)

Such other information concerning the lot or adjoining lots as may be essential in determining whether the provisions of this chapter are being observed.

(b)

If the proposed excavation, construction, moving or alteration as set forth in the application for a building permit is in conformity with the provisions of this chapter, the city building inspector shall issue a building permit for such excavation, construction, moving or alteration. If the application for a building permit is not approved, the city building inspector shall state in writing on the application the cause of such disapproval. Issuance of a permit shall in no case be construed as waiving any provision of this chapter, and building permits shall be void after 12 months from date of issue unless substantial progress on the project has been made by that time.

(Ord. No. 426, § 402.3, 6-26-86)

No land or building or other structure or part thereof hereafter erected, moved or altered in its use shall be occupied or used until the city building inspector has issued a certificate of occupancy. A certificate of occupancy shall be issued with the provisions of this chapter. If the certificate of occupancy is not granted upon request, the building inspector shall state in writing the reasons why the certificate was not granted.

(Ord. No. 426, § 402.4, 6-26-86)

The city council shall establish a schedule of fees, zoning map amendment, appeals and variance applications from time to time. The schedule of fees shall be posted in the office of the building inspector and may be altered or amended only by the city council. Until all applicable fees have been paid in full, no action shall be taken on any application or appeal.

(Ord. No. 426, § 406, 6-26-86)

The city council may from time to time amend, supplement or change the boundaries on the zoning districts established on the comprehensive zoning map of the city, or the requirements set forth in this chapter. Any proposed amendments, supplement or change shall first be submitted to the planning commission for its recommendation. The following procedures shall be required when any request is made for a change in the zoning district boundaries:

(1)

Any person desiring a change in the existing boundaries of any zoning district shall first file a petition requesting such change, together with a plat of the property to be changed and the cement fee therefor with the building inspector.

(2)

Within 15 days after receiving the petition, the building inspector shall in writing inform the applicant of the date on which a public hearing will be held to consider the zoning change.

(3)

Upon receiving a petition for a zoning change and establishing the date of the public hearing concerning the petitioned request, the property owner shall erect in a conspicuous place on the property in question or on the right-of-way of the nearest public road, if the property does not front a public road, a sign of not less than nine square feet with not less than three-inch black letters upon a white background, a sign giving public notice of both the existing zoning district in which the property is located and the requested change and the scheduled date and place for the public hearing.

(4)

At least 15 days but not more than 45 days prior to the scheduled public hearing, the city administrator shall advertise such hearing in a newspaper of general circulation.

(5)

The public hearing shall be conducted by the city planning commission.

(6)

The planning commission shall make a recommendation to the city council stating its approval or disapproval of the requested zoning change. Such recommendation shall be made by the planning commission within 30 days of the public hearing or the requested zoning change shall be deemed to have been recommended for approval by the planning commission. The recommendation to the city council shall be based upon a review of the following criteria:

a.

Existing uses and zoning of nearby property.

b.

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

c.

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

d.

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

e.

The suitability of the subject property for the zoning purposes.

f.

The length of time the property has been vacant as zoned considered in the context of land development in the area in the vicinity of the property.

g.

Conformity with or divergence from the land use plan.

(7)

No application for amendment of this chapter once heard and acted upon by the planning commission shall be accepted for a rehearing until at least 12 months shall have passed since action was taken by the planning commission.

(8)

An application may not be withdrawn or amended by the applicant after the public hearing has been advertised. However, the planning commission may by a majority vote allow an application to be withdrawn without prejudice.

(Ord. No. 426, § 404, 6-26-86)

After written denial of a building permit, a property owner may make application for a variance, using forms available. Upon receipt of an application, the planning commission shall schedule a public hearing. The property owner shall erect in a conspicuous place on the property in question a sign giving public notice of the appeal at least 15 days prior to the scheduled hearing. The planning commission shall make a recommendation to city council on applications for variances within 30 days after such public hearing and in accordance with the standards provided below. Variances from the terms of this chapter may be recommended in such individual hardship cases of practical difficulty or unnecessary hardship upon a finding by the planning commission based on the following criteria:

(1)

Variances shall be granted only where special circumstances or conditions fully described in the finding of the planning commission do not apply generally in the district.

(2)

For reasons fully set forth in the findings of the planning commission, the special circumstances or conditions are such that the strict application of the provisions of this chapter would deprive the applicant of any reasonable use of his land. Mere loss in value shall not justify a variance. There must be a deprivation of beneficial use of land.

(3)

The granting of any variance shall be in harmony with the general purposes and intent of this chapter and shall not be injurious to the neighborhood, detrimental to the public welfare or in conflict with the city's development plan.

(4)

In reviewing an application for a variance, the burden of showing that the variance should be granted shall be upon the person applying therefor.

(5)

The planning commission or the city council may, when granting a variance, establish reasonable conditions concerning the use of such property and may establish a time period for such variances.

(Ord. No. 426, § 403.3, 6-26-86)

The planning commission is authorized to hear requests for conditional uses as provided by this chapter and to recommend to the city council approval or disapproval of conditional use applications. A conditional use application shall not be heard by the planning commission until:

(1)

A written application for a conditional use is submitted indicating the section of this chapter under which the conditional use is sought and stating the grounds on which it is requested.

(2)

Notice of such hearings shall be posted in a conspicuous place on the property for which conditional use is sought by the property owner at least 15 days prior to the scheduled hearing.

(3)

The public hearing shall be held. Any party may appear in person, or by agent or attorney.

(4)

The commission shall make written findings to city council certifying compliance with the specific rules governing individual conditional uses and that satisfactory provision and arrangement has been made concerning the following, where applicable:

a.

Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe.

b.

Off-street parking and loading areas where required.

c.

Refuse collection areas and availability of utilities.

d.

Signs, if any, and proposed exterior lighting with reference to glare, traffic safety, and harmony with properties in the district.

e.

Required building setbacks.

f.

General compatibility with adjacent properties and other property in the district.

(Ord. No. 426, § 403.4, 6-26-86)

All questions of interpretation and enforcement shall first be presented to the city building inspector. Any aggrieved party may appeal a decision of the building inspector by first appealing to the planning commission and then to the city council. Recourse from the decision of the city council shall be to the courts as provided by law.

(Ord. No. 426, § 401, 6-26-86)

In addition to such other powers given, the planning commission shall:

(1)

Hear and decide appeals where it is alleged by the appellant that there is error in any order, requirement, permit, decision, determination or refusal made by the building inspector or other administrative official in the carrying out or enforcement of any provision of this chapter.

(2)

Hear requests for interpretation of the zoning map and for decision of any special questions upon which the building inspector is authorized to pass.

(3)

Hear and recommend to the city council applications for approval or disapproval for variances from the terms of this chapter.

(4)

Hear and recommend to the city council on applications for conditional use approvals.

(Ord. No. 426, § 403.1, 6-26-86)

An appeal to the planning commission may be taken by any person aggrieved, or by any governmental officer, department, board or bureau affected by any such decision of the city building inspector based in whole or in part upon the provisions of this chapter. Such appeal shall be taken by filing with the planning commission a notice of appeal specifying the grounds thereof. The city building inspector shall transmit to the commission all papers constituting the record upon which the action was taken. The commission shall fix a reasonable time for the hearing of the appeal or other matters referred to it. The property owner shall erect in a conspicuous place on the property in question a sign giving public notice of the appeal at least 15 days prior to the scheduled hearing. Any party or person may appear at the hearing in person, by agent, or by attorney.

(Ord. No. 426, § 403.2, 6-26-86)

The combined Thomson-Dearing-McDuffie County Planning Commission is hereby established. The organization and rules of conduct are as follows:

(1)

Organization. The planning commission shall be organized as follows:

a.

Membership. The planning commission shall consist of six members. The board will be comprised of two City of Thomson resident members appointed by the Thomson City Council, two resident members of the Town of Dearing appointed by the Dearing Town Council, and two McDuffie County resident members appointed by the McDuffie County Board of Commissioners.

b.

Terms of office. Three members shall be appointed for a term of two years and three members shall be appointed for a term of four years. Each jurisdiction will appoint one member to a two year term and one member to a four year term. Thereafter, all appointments shall be made for terms of four years each. When vacancies occur prior to the expiration of a regular term, they shall be filled in the same manner as a regular appointments, but shall serve only until the expiration of the term in which the vacancy occurred.

c.

Officers. The members shall elect from among their number a chairman and vice-chairman to serve for a term of one year at the first meeting of each calendar year. When vacancies of the chairman or vice-chairman occur prior to the expiration of a regular term, they shall be filled in the same manner as a regular appointments, but shall serve only until the expiration of the term in which the vacancy occurred.

d.

Compensation. In the performance of its duties, the planning commission board members may incur such reimbursed expenses as shall be authorized by the McDuffie County Board of Commissioners, Thomson City Council, or Dearing Town Council. Each member may receive compensation for their services at a rate set and approved by their governing body.

(2)

Jurisdiction. The planning commission board shall have the following duties and powers:

a.

To review applications for changes to zoning classifications (i.e., zoning changes), to hear after prescribed public notice, public testimony regarding the proposed changes; to review the current comprehensive plan and future land use map, as applicable; to consider the effect of the proposal upon the public welfare; and to render a written recommendation to the appropriate governing body; the McDuffie County Board of Commissioners, Thomson City Council, or Dearing Town Council regarding proposed amendments to the comprehensive plan, land development code, official zoning map, or other amendments to these regulations.

b.

To review proposed land use compatibility measures recommended by the development code administrator during administrative review to mitigate potential impacts between proposed and existing land uses. The planning commission may affirm or modify the recommended land use compatibility mitigation measures as is necessary to advance the objectives of this chapter.

c.

To hear and decide special exceptions to the requirements of these regulations which the planning commission board shall recommend to the appropriate governing body; the McDuffie County Board of Commissioners, Thomson City Council, or Dearing Town Council in accordance with these regulations. In granting a special exception or modification, the board of commissioners should determine that:

1.

The use meets or exceeds all required conditions.

2.

The use is not detrimental to the public health or general welfare.

3.

The use is appropriately located with respect to transportation facilities, water supply, fire and police protection, waste disposal, and similar services.

4.

The use will not violate neighborhood character nor adversely affect surrounding land uses.

d.

To recommend variances from the terms of these regulations as will not be contrary to the public interest where, owing to special conditions, a literal enforcement will, in an individual case(s), result in unnecessary hardship, so that the spirit and intent of these regulations shall be observed, public safety and welfare secured, and substantial justice done. Such variance may be granted in such individual case of unnecessary hardship upon a finding by the board that:

1.

There are extraordinary and exceptional conditions that are peculiar to the particular property in question because of its size, shape, or topography.

2.

The application of these regulations to this particular piece of property would create an unnecessary hardship that is inconsistent with the spirit and intent of this chapter.

3.

Relief, if granted, would not cause substantial detriment to the public good or impair the purpose and intent of these regulations.

4.

The requested relief is necessary to ensure that the property owner is entitled to the same basic development rights and privileges as other similarly zoned properties and does not grant the applicant special rights and privileges to which other similarly zoned property owners are not also entitled.

5.

The proposed relief will grant the minimum deviation from the requirements of this chapter that is necessary to mitigate the hardship.

6.

Mere inconvenience to the property owner shall not constitute justification for the granting of an application, nor shall the number or proponents or opponents in itself be a singular factor in the granting or denying an application.

(3)

Procedural rules. The procedural rules for the planning commission (board) shall be as follows:

a.

Meetings. Each meeting of the planning commission (board) shall be held on the first Tuesday of each month at 6:30 p.m., unless there is a conflicting holiday, whereby the regular meeting will take place on the following Tuesday. Should there be no agenda for the board to address, the board shall not be required to meet. The planning commission (board) may schedule such special meetings or work sessions as may be deemed necessary by the chairman to conduct its business. All meetings shall comply with the Georgia Open and Public Meetings Act (O.C.G.A. § 50-14-1) of 1988, and public notice as to the date, time and location shall be posted accordingly.

b.

Rules. The planning commission (board) shall have the power to adopt all rules necessary for the transaction of its business and for carrying out the powers granted to it.

c.

Voting. The concurring vote of a majority of the board members at a meeting attended by at least four board members shall be necessary to make any applicable decision upon which the planning commission (board) is required to determine. All votes shall be cast according to a voice vote unless so noted as being unanimously approved.

d.

Record of meetings. The board shall keep minutes of its proceedings and shall maintain records of its official actions. Records of meetings shall be filed and maintained in the office of the planning and zoning administrator, and shall be public record(s).

e.

Absences. Any time there are three consecutive absences, or five absences during any 12-month period, by a planning commission board member, that Commissioner's term is subject to immediate expiration by the McDuffie County Board of Commissioners, Thomson City Council, or Dearing Town Council, and the planning and zoning administrator shall notify the McDuffie County Board of Commissioners, Thomson City Council, or Dearing Town Council in writing of the attendance record of the subject planning commission (board) member and why a new appointment is required.

( Ord. No. 569 , 12-19-19, eff. 1-1-20)