This chapter shall be administered by the zoning administrator, in cooperation with the planning commission, and the city.

(Prior Code, app. D, art. 21(21.1); Ord. of 12-21-1998)

There shall be hereby created the office of zoning administrator.

(1)

Duties and authority. The zoning administrator shall administer the provisions of the zoning ordinance.

(2)

The zoning administrator:

a.

Shall serve as administrative secretary to the planning commission.

b.

Shall maintain public records concerning the administration of the zoning ordinance, including all maps, amendments, certificates of zoning compliance, conditional uses, variances, and records of public hearings.

c.

Shall issue certificates of zoning compliance for all permitted uses, for conditional uses recommended by the planning commission and approved by the city council, and variances which are approved by the city council.

d.

May issue certificates of zoning compliance for conditional uses which pose no greater impact on the surrounding community than uses of right. Any conditional uses which in the opinion of the zoning administrator will constitute a possible impact to the safety, health, general welfare or morality of the community will be presented to the planning commission for recommendation to the city council.

e.

Shall collect data and keep informed as to the best zoning practices in order to be qualified to make recommendations to the planning commission, all of which must be approved by the city council.

(Prior Code, app. D, art. 21(21.1-1); Ord. of 12-21-1998)

(a)

There shall be hereby created the city planning commission whose purpose is to carry out provisions of the city zoning ordinance assigned to it and within applicable provisions of the laws of the state. This zoning ordinance, including the official zoning maps, may be amended by the city commission on its own motion, on a petition, or on recommendation of the planning commission, but no amendment shall become effective unless it has proposed by or submitted to the planning commission for review and recommendation.

(1)

Membership. Members of the planning commission shall be appointed by the city council. The planning commission shall consist of three to five members who are citizens or own property within the city and who shall be appointed for three-year terms, beginning January 5 through January 4 of each year, or until their successors shall be appointed. No member shall hold any elective public office within the city. Unexpired terms shall be filled by city council appointment. Members are removable for cause by the city council upon written charges and after a public hearing.

(2)

Procedure. The planning commission shall elect a chairman and vice-chairman, (who shall be acting chairman in the absence of the chairman) on an annual basis. The chairman may not succeed himself.

(b)

The chairman (or in his absence the vice-chairman) shall preside at all meetings and hearings of the commission and decide all points of order or procedure. The chairman shall appoint any committees which may be found necessary. The chairman shall be the deciding vote in any vote ending in a tie.

(c)

The zoning administrator (secretary to the planning commission) shall conduct all correspondence of the planning commission; keep a minutes' book recording attendance, the vote of each member upon each question, or if absent, the failure to vote, indicating such fact; keep records of examination and hearing and other official action; and shall carry out such other official duties as may be assigned by the commission.

(d)

Meetings of the planning commission will be held when needed. Notice must be provided to each member at least 48 hours prior to such meeting and that such other public notice as required by law is provided and abided by. The zoning administrator shall inform the members of the planning commission of meetings.

(e)

Three members shall constitute a quorum for the conduct of all business.

(f)

Neither the zoning administrator, nor any member of the planning commission shall appear for or represent any person in any matter pending before the planning commission.

(g)

No member of the planning commission shall hear or vote upon an appeal in which he or she is directly or indirectly interested in a personal or financial way.

(h)

The order of business at meetings shall be as follows:

(1)

Roll call;

(2)

Review and approval of minutes of previous meeting;

(3)

Report of committees (if any);

(4)

Unfinished business;

(5)

Hearing of cases;

(6)

New business.

(i)

Failure to attend three consecutive meetings or more shall be considered automatic resignation from the planning commission, and upon such resignation by other means, or other vacancies occurring in office, the chairman or secretary (zoning administrator) shall inform the city council of such occurrence as promptly as possible, so the council may appoint a replacement to fill the unexpired term.

(Prior Code, app. D, art. 21(21.2); Ord. of 12-21-1998; Ord. of 7-18-2005, §§ 21.2-1(1), 21.2-4)

(a)

Applications to amend this article may be in the form of proposals to amend the text, or proposals to amend the official zoning map. An application to amend the text of the zoning ordinance may be initiated by the zoning administrator or be submitted to the planning commission by the city council, or by any person having an interest in the city. An application to amend the official zoning map may be initiated by an individual property owner or his agent, the zoning administrator, or be submitted to the planning commission by the city council. Unless initiated by the city council or the zoning administrator, all applications to amend the official zoning map must be submitted by the owner and shall be accompanied by an appropriate fee as set forth in fee schedule posted in city hall, set by the city council.

(b)

Such authorization of property ownership shall be notarized and attached to the application. An application for an amendment to the zoning map affecting the same property shall not be submitted more than once every 12 months, said intervals to begin with the date of final decision by the city council.

(c)

The 12-month interval shall not apply to applications initiated by the city council or zoning administrator, except for amendments to the zoning map which were defeated by the city council, in which case the interval required for the subsequent application shall be at least six months. However, an application to alter conditions of rezoning may be submitted at any time.

(Prior Code, app. D, art. 21(21.3); Ord. of 12-21-1998)

Each application to amend this article or the official zoning map shall be filed with the zoning administrator. Applications shall be submitted in compliance with the following:

(1)

Text amendment applications shall include the following:

a.

Name and address of applicant.

b.

Current provisions of text to be affected by amendment.

c.

Proposed wording of text change.

d.

Reason for amendment request.

(2)

Map amendment applications shall include the following:

a.

A legal description of the tract to be rezoned, including the street address and subdivision, if any, or area in which the tract is located.

b.

Seven copies of a plat, drawn to scale, showing north arrow, land lot and district; the dimensions, acreage and location of that tract; floodplain and flood hazard areas; unusual topographical features; current zoning of subject tract and all adjacent properties; and existing structures. This plat shall be prepared by an architect, engineer, landscape architect, a planner with an AICP certification or land surveyor whose seal shall be affixed to the plat.

c.

When any applicant or his attorney for a rezoning action has made, within two years immediately preceding the filing of that applicant's application for the rezoning action, campaign contributions aggregating $250.00 or more to a local government official who will consider the application, it shall be the duty of the applicant to file a disclosure report with the governing authority of the respective local government showing:

1.

The name and official position of the local government official to whom the campaign contribution was made; and

2.

The dollar amount and description of each campaign contribution made by the applicant to the local government official during the two years immediately preceding the filing of the application for the rezoning action and the date of each contribution.

The disclosure required by this section shall be filed within ten days after an application for the rezoning action is first filed.

d.

The names and addresses of the owners of the land and their agents, if any; together with a written notarized authorization for the owner agents, if any, to seek rezoning.

e.

A letter of intent indicating specifically how the property is to be used.

f.

Each zoning map amendment application, whether submitted by local government, or by a party other than local government, shall include with it a complete, written, documented analysis of the impact of the proposed rezoning with respect to each of the following matters:

1.

Whether the zoning proposal will permit a use that is suitable in view of the use and development of adjacent and nearby properties.

2.

Whether the zoning proposal would adversely affect the existing use or usability of adjacent or nearby property.

3.

Whether the property to be affected by the zoning proposal has a reasonable economic use as currently zoned.

4.

Whether the zoning proposal will result in a use which will or could cause an excessive or burdensome use of existing streets, transportation facilities, utilities, or schools.

5.

Whether the zoning proposal is in conformity with the policy and intent of the comprehensive land use plan.

6.

Whether there are other existing or changing conditions affecting the use and development of the property which give supporting grounds for either approval or disapproval of the zoning proposal.

(i)

Submitted application. Applications shall be submitted in accordance with a schedule adopted annually by the city council which shall provide that each application shall be submitted at least 50 days prior to the date on which it is to be considered by the city council and in any event in sufficient time so as to permit advance advertising and notice of any public hearing pursuant to the terms of this section and state law. Each application for an amendment to the official zoning ordinance text or map shall be assessed a fee as posted in building and zoning office of the city to defray administrative costs. A fee shall not be charged for applications initiated by the city council or zoning administrator.

(ii)

An application shall not be withdrawn by the applicant after the legal advertising as required by this section has first appeared.

(iii)

An applicant may file site plans, renderings, construction specifications, written development restrictions, and other conditions which the applicant proposes as binding conditions upon the development and use of the property involved in the application; provided, however, that any such conditions or alterations or changes thereto shall be filed with the zoning administrator at least seven days prior to the public hearing before the city council. If any such conditions or alterations or changes thereto are proposed by an applicant and have not been filed as required by this subsection, the city council, at the time of the public hearing on the application, may defer any action on such application to a specific meeting date. The date designated for action on the application shall be set at a time which will allow the applicant to comply with the filing requirements of this subsection.

(iv)

If after one year from rezoning, the approved use has not been developed as stated the rezoning application or building permit has not been issued, the rezoning shall become invalid. At this time, the lot or parcel may revert to previously zoned status and a new application for rezoning shall be filed with the zoning administrator.

(Prior Code, app. D, art. 21(21.4); Ord. of 12-21-1998)

(a)

The zoning administrator or his designee upon receiving an application to amend the official zoning map, shall do the following:

(1)

With respect to an application to amend the official zoning map, consider and evaluate each of the matters set forth in section 32-548(b).

(2)

Consult with other departments of the county and the city to fully evaluate the impact of any land use or zoning district change upon public facilities and services, including, but not limited to, schools, drainage, traffic, and related facilities.

(3)

Conduct a site review of the property and surrounding area.

(4)

Submit a written record of his investigation and recommendations to the planning commission and city council, which report shall be a matter of public records.

(b)

The zoning administrator's report may recommend amendments to the applicant's request which would reduce the land area for which the application is made, change the zoning district requested, or recommend conditions of rezoning which may be deemed advisable so that the purpose of this article will be served, and the health, public safety, and general welfare secured.

(Prior Code, app. D, art. 21(21.5); Ord. of 12-21-1998)

The planning commission shall hold a meeting on each application in accordance with a schedule adopted by the city council or as needed. Any recommendations on each application shall be submitted to the planning commission at the public hearing. In addition, the planning commission shall with respect to each application consider each of the matters set forth in section 32-548(b). As to each application, the planning commission shall make a recommendation for approval, approval with conditions, denial, deferral, withdrawal without prejudice or no recommendation. A written report of the planning commission's investigation and recommendation, along with the investigation and recommendation of the zoning administrator, shall be submitted to the city council and shall be public record. The planning commission's action may recommend amendments to the applicant's request which would reduce the land area for which the application is made, change the district requested, or recommend conditions of rezoning which may be deemed advisable so that the purpose of this article will be served, health, public safety and general welfare secured. The failure of the planning commission to take any action as to a particular petition within 60 days of the public hearing will be the same as approval thereof.

(Prior Code, app. D, art. 21(21.6); Ord. of 12-21-1998)

Before taking action on a proposed amendment and after receipt of the zoning administrator and planning commission recommendations and reports thereon where required, the city council shall hold a public hearing on the proposal. Customary rules of order governing any public hearing by the city council shall apply to zoning hearings and the commission also shall be free to adopt any additional rules as are reasonably necessary to the conduct of such hearings; provided, however, that all such additional procedural rules shall be adopted pursuant to the requirements of state law. At the public hearing, the city council shall review documents submitted by the initiating party, if any, and the reports prepared by the zoning administrator and planning commission. The city council shall consider the standards in section 32-548(b) in evaluating each application. So that the purpose of this article will be served, health, public safety, and general welfare secured, the city council may approve the application, reduce the land area for which the application is made, change the district requested, add or delete conditions of the application, deny an application, defer consideration of an application to acquire additional information, or allow an application to be withdrawn without prejudice with respect to the 12-month limitation of this section. An action by the commission to defer the application shall include a statement of the date and time of the next meeting at which the application will be considered, which statement shall constitute public notice of the hearing on the application and no further notice, is required. The final decision by the city council shall be reduced to writing and mailed to the applicant. Any amendment involving changes to the official map must be made within three days after approval by the city council. No amendment becomes effective until entered upon said map.

(Prior Code, app. D, art. 21(21.7); Ord. of 12-21-1998)

(a)

Legal notice. Due notice of the public hearing before the city council shall be published in the newspaper of general circulation for the city in which is carried the legal advertisements of the city by advertising the application and date, time, place, and purpose of the public hearings at least 15 days and not more than 45 days prior to the date of the first hearing conducted by the city council. If the application is for amendment to the official zoning map, then this notice also shall include the location of the property, the present zoning classification of the property, and the proposed zoning classification of the property.

(b)

Signs posted. As to an application to amend the official zoning map, the zoning administrator (or a designee) shall post a sign at least 15 days and no more than 45 days in advance of the city council's hearings, in a conspicuous place on the property for which an application has been submitted, a sign containing information as to the application and date, time, and place of the public hearing before the city council.

(Prior Code, app. D, art. 21(21.8); Ord. of 12-21-1998)

In addition to the standards enumerated in other sections of this article, the planning commission and city council shall consider the following matters in reference to any rezoning application:

(1)

The existing land use patterns.

(2)

The possible creation of an isolated district unrelated to adjacent and nearby districts.

(3)

The population density pattern and possible increase or overtaxing of the load on public facilities including, but not limited to, schools, utilities, and streets.

(4)

Whether the proposed change will adversely influence living conditions in the neighborhood.

(5)

Whether the proposed change will create or excessively increase traffic congestion or otherwise affect public safety.

(6)

Whether the proposed change will create adverse environmental impacts to water, erosion and sedimentation control regulations, or sewerage systems.

(7)

Whether the proposed change will adversely affect property values in the adjacent area.

(8)

Whether the proposed change will seriously reduce light and air to adjacent areas.

(9)

Whether there are substantial reasons why the property cannot be used in accordance with existing zoning.

(10)

Whether the change suggested is out of scale with the needs of the neighborhood or the city.

(11)

The extent to which the zoning decision is consistent with the comprehensive plan, adopted by the city council.

(12)

Any other factors relevant to balancing the interest in promoting the public health, safety, morality, or general welfare against the right to the unrestricted use of property.

(13)

Whether the subject property contains jurisdictional Wetlands of the United States as delineated by the National Wetland Inventory Map and as determined by the U.S. Army Corps of Engineers. If jurisdictional wetlands are contained within the subject property, the applicant must document receipt of a nationwide, regional, general or individual permit, from the U.S. Army Corps of Engineers under section 404 of the Clean Water Act (33 USC 1344) before a development permit will be issued by the city.

(Prior Code, app. D, art. 21(21.9); Ord. of 12-21-1998)

(a)

Any city planning commissioner who knows or reasonably should know that he has:

(1)

Any direct ownership in any real property to be affected by a rezoning action under consideration by the city government;

(2)

A ten percent or more direct ownership interest in the total assets or capital stock in any business entity which has any direct ownership in any real property affected by a rezoning action under consideration by the city government; or

(3)

A spouse, parent, sibling or child with any interest as described in subsections (a)(1) and (2) of this section;

shall disclose the nature and extent of such interest, in writing, to the city planning commission as soon as he knows of its existence. Such an official, which shall include members of the city council, or planning commission also shall disqualify himself from voting on the rezoning action and shall not take any other action on behalf of himself or anyone else to influence action on the rezoning action. Any written disclosures made pursuant to this section which result in the inability of the city council to obtain a quorum for the purpose of making a final decision when considering a rezoning action, the city council shall initiate the special master process set forth in O.C.G.A. § 36-67A-5, as amended. Moreover, questions of interpretation as to the application of this statute should be resolved by reference to the state law governing campaign contribution disclosures, O.C.G.A. § 36-67A-1 et seq., as amended.

(b)

When any opponent of a rezoning action has made, within two years immediately preceding the filing of the rezoning action being opposed, campaign contributions aggregating $250.00 or more to a local government official of the local government which will consider the application, and it shall be the duty of the opponent to file a disclosure with the governing authority of the respective local government showing:

(1)

The name and official position of the local government official to whom the campaign contribution was made; and

(2)

The dollar amounts and description of each campaign contribution made by the opponent to the local government official during the two years immediately preceding the filing of the application for the rezoning action and the date of each such contribution.

The disclosure required by this subsection shall be filed at least five calendar days prior to the first hearing by the local government or any of its agencies on the rezoning application.

(Prior Code, app. D, art. 21(21.10); Ord. of 12-21-1998)

(a)

All applications shall be maintained by the zoning administrator as public record. The zoning administrator shall have the authority to approve minor alterations of zoning conditions or exhibits submitted with map amendments, including the following:

(1)

Building relocation, curb cut relocation and traffic circulation changes due to topographic, environmental or other design factors.

(2)

Parking design.

(3)

Addition of accessory uses or structures.

(4)

Utility relocation.

(5)

Other alterations which, in his/her opinion, would not change the intent of a conditional zoning approval or adversely affect city or county services or other properties or uses.

(b)

An application to alter conditions of rezoning not approved by authority of the zoning administrator shall be submitted through the planning commission to the city council for public hearing. The application shall be processed in accordance with all provisions applicable to map amendments.

(Prior Code, app. D, art. 21(21.11); Ord. of 12-21-1998)

(a)

The following rules of procedure govern the public hearing on rezoning or similar matters (variances, conditional uses) before the planning commission and/or the city commission; these rules apply to all such public hearing items appearing on any agenda:

(1)

Procedures relating to application, notice, and advertisement of items on the public hearing agenda shall conform to the requirements of state law and the city codes.

(2)

Exercise of the zoning power shall conform to the standards expressed in the city zoning ordinance, as most recently amended, as well as with the comprehensive land use plan.

(3)

The zoning administrator shall provide a limited number of copies of the policies required by O.C.G.A. § 36-66-1 et seq., which copies shall be available on request to interested members of the public.

(4)

Individuals desiring to address the planning commission or city council regarding an agenda item are required to complete a name and address card and present it to the clerk (or zoning administrator). Applicants or proponents of an item on the public hearing agenda shall be heard first and shall have a maximum often minutes in which to present any information pertinent to the issue to be decided. Opponents of the issue may respond and shall have a maximum often minutes in which to present any information pertinent to the issue to be decided. Applicants or proponents may use any unused portion of their ten minutes for rebuttal. Opponents shall not have the right of rebuttal.

(5)

In the event there is more than one speaker per side, speakers must divide their time in order to complete their full presentation within the time allotment.

(6)

Following the presentation of positions by members of the public, a recommendation from the city staff (zoning administrator, planning commission if commission hearing, and any county official (building official) that may have comments or recommendations).

(7)

Following the staff recommendation, commission members may ask anyone present questions pertinent to the issue.

(8)

Following questions and/or comments by commission members, a motion for action on the issue will be in order. A majority of affirmative votes is required to pass any motion before the council.

(9)

Authorized action by the commission with respect to any motion pending before it consists of one of the following: approval, approval with conditions, denial, table (if appropriate), withdrawal, or deferral to a time and date specified in minutes of meeting.

(10)

No official action shall be taken except upon the affirmative vote of a majority of the city council.

(b)

Appeals from decisions of the city council shall be taken to the appropriate courts.

(Prior Code, app. D, art. 21(21.12); Ord. of 12-21-1998)

No building or other structure shall be located, erected, moved, added to, or structurally altered without a building permit issued by the building inspector. No building permit shall be issued except in conformity with the provisions of this article.

(Prior Code, app. D, art. 21(21.13); Ord. of 12-21-1998)

All applications for building permits shall be accompanied by plans in duplicate, drawn to scale, showing the actual dimensions of the lot to be built upon, the sizes and locations on the lot of any existing buildings or structures, the shape, size, height, use and location on the lot of the building or structure proposed to be erected or altered, setback distances, any parking spaces, and such other information as may be necessary to provide for the enforcement of the provisions of this article. If no substantial construction progress has been made within six months of the date of the issuance of the building permit, the permit becomes invalid.

(Prior Code, app. D, art. 21(21.14); Ord. of 12-21-1998)

(a)

A certificate of occupancy issued by the building inspector, with approval from the zoning administrator is required in advance of the use or occupancy of:

(1)

Any lot or a change in the use thereof.

(2)

A building hereafter erected or altered or a change in the use of an existing building.

(3)

Any non-conforming use that is existing at the time of the enactment of the ordinance from which this article is derived or an amendment thereto that is changed, extended, altered, or rebuilt thereafter.

(b)

The certificate of occupancy shall state specifically wherein the non-conforming use fails to meet the provisions of this article.

(c)

No certificate of occupancy shall be issued unless the lot or building or structure complies with all provisions of this article.

(d)

A record of all certificates of occupancy shall be kept on file in the office of the building inspector and a copy shall be furnished on request, to any person having a proprietary or tenancy interest in the building or land involved.

(Prior Code, app. D, art. 21(21.15); Ord. of 12-21-1998)

(a)

Required. A certificate of zoning compliance, issued by the zoning administrator, and certifying that the proposed structure, land use, or alteration complies with the provisions of the zoning ordinance, is required.

(b)

Site plan. Each application for a certificate of zoning compliance shall be accompanied by simple sketch of the site and indicating such information as may be needed to present a record of existing conditions and proposed usage including proposed off-street parking and/or loading areas.

(c)

Time limit. A certificate of zoning compliance shall become invalid after the use authorized is suspended or abandoned for the period of six months.

(Prior Code, app. D, art. 21(21.16); Ord. of 12-21-1998)

Certain uses are not generally allowed in a particular zoning district, or in any other zoning districts, because the special characteristics of such uses create impacts on surrounding areas. Such uses may be allowed under special conditions. The granting of a conditional use does not constitute a permanent change in zoning or use. The conditional use may be forfeited if it does not meet the criteria provided in the following section. Generally, a conditional use shall be compatible with the applicable zoning district under special conditions.

(1)

Conditional use approval. Conditional uses shall be permitted subject to an approval by the city. The required review shall determine whether the uses conform to the standards set forth in subsection (2) of this section. To lessen the impact of a conditional use on surrounding property, no conditional use may be granted without special provisions for conditions, criteria, standards and/or requirements for that particular use.

(2)

Conditional use standards. A conditional use shall be approved if it meets all of the following factors:

a.

A rezoning to a more intensive zoning district, which contains such use as a use of right, would not be appropriate for the property.

b.

The location and character of the conditional use shall be compatible with the community development pattern and consistent with the needs of the neighborhood.

c.

The conditional use will not be injurious to the use and enjoyment of the natural environment or of other property in the immediate vicinity, or diminish and impair property values within the surrounding neighborhood.

d.

The conditional use will not increase local or state expenditures in relation to the cost of servicing or maintaining neighboring properties.

(3)

The planning commission shall review conditional uses which are specifically authorized by this section. A recommendation shall be made by the planning commission and the zoning administrator to the city council concerning each request. Public hearings are required. (See public hearing requirements.)

(4)

Conditions and limitations. The planning commission and/or city council shall include any condition, requirement, or limitation which may be necessary to protect adjacent properties and carry out the provisions of this article. If at any time after a conditional use permit has been issued, the zoning administrator or building official finds that the conditions imposed and the agreements made have not been or are not being fulfilled by the holder of a special exception use permit, the permit shall be terminated. The applicant shall file an acceptance of conditions form, provided by the city, and the certificate shall be notarized.

(5)

Procedure. Application for a conditional use shall be filed with the office of the zoning administrator, and the planning commission shall have 30 days within which to consider each request and make written recommendations to the city council. A public hearing is required by the planning commission (see public hearing requirements). Upon receiving recommendations from the planning commission or after the 30-day period has expired, the city council shall schedule the proposed conditional use to be voted on at the next regularly scheduled commission meeting. Each application shall be accompanied by a simple sketch of the site, showing the following:

a.

General location of existing structures and property lines.

b.

Present zoning of adjacent property.

c.

Existing use of adjacent property.

d.

Location of proposed buildings and land use.

e.

A legal description of the property.

f.

Setbacks.

g.

Parking spaces if applicable.

(6)

Fee. Each application for a conditional use shall be assessed a fee according to the fee schedule posted in the building and zoning office to partially defray administrative and notification costs.

(Prior Code, app. D, art. 21(21.17); Ord. of 12-21-1998)

(a)

Any person, firm, or corporation violating a provision of this article shall be guilty of a misdemeanor, and upon conviction, shall be punished for each violation, according to the laws of the state. Each day such a violation continues shall be deemed separate offense.

(b)

In case any building is erected, constructed, reconstructed, altered, repaired, converted, or maintained, or any building, lot, or acreage is used in violation of this article, the city council, zoning administrator, or any other appropriate authority, or any person who would be damaged by such violation, in addition to other remedies, may institute injunction, mandamus, or other appropriate action in proceeding to prevent said violation in the case of each such building or use.

(Prior Code, app. D, art. 21(21.18); Ord. of 12-21-1998)

This article of the city zoning ordinance, as from time to time amended, is intended to set forth and constitute the policies, procedures and standards required under O.C.G.A. § 36-66-5, and copies of same shall be available to the public upon request.

(Prior Code, app. D, art. 21(21.20); Ord. of 12-21-1998)