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Toccoa City Zoning Code

ARTICLE VI

- ADMINISTRATION, ENFORCEMENT AND PENALTIES

Sec. 24-221. - Administration.

The city manager or his designee is hereby authorized and it shall be his duty to enforce and administer the provisions of this chapter. The city manager shall develop and maintain administrative procedures to include necessary forms, permits and applications to effect this chapter.

(Code 1985, § 7-2-151)

Sec. 24-222. - Building permit required.

No building or other structure shall be erected, moved, extended or enlarged, or structurally altered, nor shall any excavation or filling of any lot for the construction of any building be commenced until the city has issued a building permit for such work.

(Code 1985, § 7-2-152)

Sec. 24-223. - Application for building permit.

(a)

Each application to the city for a building permit shall be accompanied by sufficient information to insure compliance with the terms of this chapter.

(b)

Any building permit issued shall become invalid unless the work authorized by it shall have been commenced within six months of its date of issue or if the work authorized by it is suspended or abandoned for a period of one year.

(Code 1985, § 7-2-153)

Sec. 24-224. - Certificate of occupancy required.

(a)

A certificate of occupancy issued by the city is required in advance of occupancy or use of:

(1)

A building hereafter erected, altered or moved.

(2)

A change of use of any building or land.

(b)

A certificate of occupancy, either for the whole or a part of a building, shall be applied for coincidentally with the application for a building permit and shall be issued within ten days after the building or structural alteration of the building has been completed in conformity with the provisions of this chapter and all other ordinances of the city, including all pertinent and appropriate building codes. If the certificate of occupancy is denied, the city shall, at the request of the owner, state in writing the reasons for refusal and the applicant shall be notified of the refusal. A record of all certificates shall be kept on file by the city and copies shall be furnished on request to any person having a proprietary or tenancy interest in the building or land involved.

(Code 1985, § 7-2-154)

Sec. 24-225. - Hardship variance.

(a)

A hardship variance may be granted in an individual cause of practical difficulty or unnecessary hardship upon finding by the city commission that:

(1)

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

(2)

The application of this chapter to this particular piece of property would create personal practical difficulty and/or unnecessary personal hardship. Such circumstances must be extraordinary, exceptional and well documented. The burden of proof shall be upon the individual requesting a variance. All such variances will be limited to 12 months duration.

(b)

In order to make a variance permissible, certain conditions shall be shown:

(1)

There must be a proved hardship by showing beyond a reasonable doubt the inability to make a reasonable use of the land.

(2)

If the hardship is based on size, shape or topography, it cannot be self created, such as a case where the lot was purchased with knowledge of an existing restriction.

(c)

No variance may be granted for a use of land or building or structure that is prohibited by this chapter.

(d)

Relief, if granted, would not cause substantial detriment to the public good.

(Code 1985, § 7-2-155)

Sec. 24-226. - Penalties for violation.

Any person violating any provisions of this chapter shall not be issued a building permit or certificate of occupancy, and shall be guilty of a misdemeanor and upon conviction shall be punished for each offense as provided by law. Each day such violation continues shall be deemed as a separate offense.

(Code 1985, § 7-2-156)

Sec. 24-227. - Remedies.

In case any building is erected, constructed, reconstructed, altered, repaired, converted or maintained, or any building or land is used in violation of this chapter, the city, or any person who would be damaged by such violation, in addition to other remedies, may institute an action for injunction, or mandamus, or other appropriate action or proceeding to prevent such violation.

(Code 1985, § 7-2-157)