A zoning officer designated by the mayor and council shall administer and enforce this chapter. If the zoning officer shall find that any of the provisions of this chapter are being violated, he shall notify in writing the persons responsible for those violations, indicating the nature of the violation and ordering the action necessary to correct it. He shall order discontinuance of illegal use of land, buildings or structures; removal of illegal buildings or structures or of illegal additions, alterations or structural changes; discontinuance of any illegal work being done; or shall take any other action authorized by this chapter to ensure compliance with or to prevent violation of its provisions.

(Code 1980, § 6-4-71)

No building, mobile home or other structure shall be erected, moved or structurally expanded without a permit therefor, reviewed by the zoning officer. No building permit shall be reviewed by the zoning officer except in conformity with the provisions of this chapter, unless he receives a written order from the board of zoning appeals in the form of an administrative review, special exception or variance as provided by this chapter.

(Code 1980, § 6-4-72)

Zoning permits issued on the basis of plans and applications reviewed by the zoning officer authorize only the use, arrangement and construction set forth in those approved plans and applications, and no other use, arrangement or construction. Use, arrangement or construction at variance with that authorized shall be deemed in violation of this chapter, and punishable as provided by this chapter.

(Code 1980, § 6-4-73)

(a)

A planning commission shall be appointed by the Mayor and City Council of the City of Vienna, Georgia, according to the guidelines of the Georgia General Enabling Act of 1957, as amended. The planning commission shall hold a public hearing before making recommendation(s) to the Mayor and City Council of the City of Vienna with respect to:

(1)

The adoption of a zoning ordinance;

(2)

The adoption of an amendment to a zoning ordinance which changes the text of the zoning ordinance;

(3)

The adoption of an amendment to a zoning ordinance which re-zones property from one classification to another;

(4)

The adoption of an amendment to a zoning ordinance by municipal local government which zones property to be annexed into the municipality; and

(5)

The grant of a permit relating to a special use of property.

(b)

Upon concluding the public hearing, the planning commission shall vote and submit a written report to the Mayor and City Council of the City of Vienna. This written report shall recommend approval, denial, or recommend other appropriate alternatives for the consideration by the Mayor and City Council of the City of Vienna. A recommendation of the planning commission is not binding and is subject to confirmation by the Mayor and City Council of the City of Vienna. All hearings conducted by the planning commission shall be in accordance with the Georgia Zoning Procedures Act, as amended.

(c)

The planning commission shall adopt and publish its policies and procedures with respect to conditions governing applications and the procedures to be followed.

(Code 1980, § 6-4-74; Ord. of 9-23-13(1))

Cross reference— Planning commission, § 58-71 et seq.

A board of appeals appointed by the mayor and council in accordance with the Georgia General Planning Enabling Act of 1957, as amended, shall have the following powers and duties:

(1)

Administrative review. To hear and decide appeals where it is alleged there is error in any order, requirement, decision or determination made by the zoning officer in the enforcement of this chapter.

(2)

Reserved.

(3)

Variances; conditions governing applicants; procedures. To authorize upon appeal in specific cases any variance from the terms of this chapter as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of this chapter would result in unnecessary hardship. A variance from the terms of this chapter shall not be granted by the board of appeals unless:

a.

A written application for a variance is submitted, together with such fees as set forth in the schedule of fees and charges on file in the office of the city clerk, demonstrating that:

1.

Special conditions and circumstances exist that are peculiar to the land, structure or building involved and that are not applicable to other lands, structures or buildings in the same districts;

2.

Literal interpretation of the provisions of this chapter would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this chapter;

3.

Special conditions and circumstances do not result from the actions of the applicant; and

4.

Granting the variance requested will not confer on the applicant any special privilege that is denied by this chapter to other lands, structures or buildings in the same district.

b.

No nonconforming use of neighboring lands, structures or buildings in the same district and no permitted or nonconforming use of lands, structures or buildings in other districts shall be considered grounds for the issuance of a variance.

c.

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

d.

The board of appeals shall make findings that the requirements of this subsection have been met by the applicant for a variance.

e.

The board of appeals shall further make a finding that the reasons set forth in the application justify the granting of the variance, and that the variance is the minimum variance that will make possible the reasonable use of the land, building or structure.

f.

The board of appeals shall further make a finding that the granting of the variance will be in harmony with the general purpose and intent of this chapter, and will not be injurious to the neighborhood, or otherwise detrimental to the public welfare.

g.

In granting any variance, the board of appeals may prescribe appropriate conditions and safeguards in conformity with this chapter. Violation of any conditions and safeguards, when made a part of the terms under which the variance is granted, shall be deemed a violation of this chapter and punishable under this chapter.

h.

Under no circumstances shall the board of appeals grant a variance to allow a use not permissible under the terms of this chapter in the district involved, or any use expressly or by implication prohibited by the terms of this chapter in that district.

(4)

Board has powers of administrative official on appeals; reversing decision of zoning officer.

a.

In exercising the above-mentioned powers, the board of appeals may, so long as that action is in conformity with the terms of this chapter, reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination as ought to be made, and to that end shall have the powers of the administrative official from whom the appeal is taken.

b.

The concurring vote of a majority of the board shall be necessary to reverse any order, requirement, decision or determination of the zoning officer or to decide in favor of the applicant on any matter upon which it is required to pass under this chapter, or to effect any variation in the application of this chapter.

(5)

Appeals from the board of zoning appeals. Any person or any board, taxpayer, department, board or bureau of the city aggrieved by a decision of the board of appeals may seek review by a court of record of any decision, in the manner provided by the laws of the state and particularly by the General Planning Enabling Act of 1957, as amended.

(6)

Relationship of zoning administrator, board of appeals, city and courts on matters of appeal.

a.

It is the intent of this chapter that all questions of interpretation and enforcement shall be first presented to the zoning officer, and that those questions shall be presented to the board of zoning appeals only on appeal from the decision of the zoning officer, and that recourse from the decisions of the board of zoning appeals shall be to the courts as provided by law and particularly by the Georgia Planning Enabling Act of 1957, as amended.

b.

It is further the intent of this chapter that the duties of the mayor and council in connection with this chapter shall not include hearing and deciding questions of interpretation and enforcement that may arise. The procedure for deciding those questions shall be as stated in this section and this chapter. Under this chapter, the mayor and council shall have only the duties of considering and adopting or rejecting proposed rezonings and text amendments or the repeal of this chapter as provided by law, of establishing a schedule of fees and charges, and of appointing members to the planning commission and board of appeals.

(Code 1980, § 6-4-75; Ord. of 8-9-89; Ord. of 9-23-13(1))

Cross reference— Board of zoning appeals, § 58-31 et seq.

(a)

Procedure. This chapter, including the zoning map, may be amended from time to time by the mayor and council; but no amendment shall become effective unless it shall have been proposed by or shall have first been submitted to the planning commission for review and recommendation. The planning commission shall have 30 days within which to submit its report. If the planning commission fails to submit a report within the 30-day period, it shall be deemed to have approved the proposed amendment.

(b)

Initiation of amendments. Applications to amend this chapter may be in the form of proposals to amend the text or proposals to amend the zoning map. An application may be initiated by the planning commission or by any person who owns property within the zoning jurisdiction of the city. Unless initiated by the mayor and council or the planning commission, all applications for map amendments must be submitted by the owner of any property or the authorized agent of the owner for whom the rezoning is requested.

(c)

Applications for amendments. Each request for amendment of this chapter or zoning map initiated by any person who owns property within the zoning jurisdiction of the city shall be submitted on a form provided by the city, together with a fee and deposit according to a schedule of fees and charges on file in the office of the city clerk for advertising cost. A separate request must be filed for each parcel or separate ownership for which a zoning amendment is requested.

(Code 1980, § 6-4-76; Ord. of 8-9-89)