A.

The provisions of this ordinance shall be administered by the Zoning Administrator. The Zoning Administrator shall be responsible for interpretation of the provisions of the Zoning Ordinance, the Official Zoning Map, Subdivision Ordinance, and all other ordinances that are applicable to the development and growth of the City. The Zoning Administrator shall be the City official for all purposes of appeal as set forth in O.C.G.A. § 36-66-5.1(c). In the event there is a vacancy in the office of Zoning Administrator, the City Administrator shall serve as the Zoning Administrator.

B.

The provisions of this ordinance shall govern all land, buildings, and structures within the present and future incorporated limits of the City of Winder, Georgia ("City").

C.

This Zoning Ordinance shall coordinate its policies and regulations, as well as future codes, standards, and guidelines with the Comprehensive Plan.

D.

In their interpretation and application, the provisions of this Zoning Ordinance shall be held to be minimum requirements.

E.

This Zoning Ordinance does not nullify any private agreement or covenant. However, when this Zoning Ordinance is more restrictive than a private agreement or covenant, this Zoning Ordinance controls. The City will not enforce any private agreement or covenant.

F.

If any condition or requirement imposed by this Zoning Ordinance is more restrictive than a condition or requirement imposed by any other law, rule, or regulation of any kind, the more restrictive condition or requirement governs.

G.

If any condition or requirement imposed by this Zoning Ordinance contains an actual, implied, or apparent conflict, the more restrictive condition or requirement controls, except when specifically stated otherwise.

H.

Whenever a provision of this Zoning Ordinance refers to any other part of the Winder Code of Ordinances or to any other law, the reference applies to any subsequent amendment of that law.

I.

Illustrations and graphics are included in this Zoning Ordinance to illustrate the intent and requirements of the text. In the case of a conflict between the text of these regulations and any Illustrations or graphics, the text governs.

J.

All other Zoning Ordinances are hereby repealed, provided that nothing herein shall be construed as repealing or modifying the zoning conditions of operation or conditions of site development accompanying those zoning approvals, variances, conditional use permits, or condition/compliance requirements issued under previous Zoning Ordinances; however, modification or repeal of these past conditions of approval may be accomplished through use of the procedures set forth in this Zoning Ordinance.

A.

An application for a rezoning of property shall be considered a simultaneous request for an amendment to the official City zoning map.

B.

A request for rezoning, change of zoning conditions, or amendment to the text of the Zoning Ordinance may be proposed to the City Council by any public agency or department of the City of Winder, Georgia.

C.

Applications for rezoning, change of zoning conditions, or conditional use permit may also be submitted by an individual with 51 or more percent ownership in fee simple of the subject property, or their legal agent authorized in writing over the owner's signature.

D.

All requests by private groups, individuals, businesses and other nonpublic organizations for conditional use permits, rezoning, or change of zoning conditions shall be accompanied by a filing fee which is established from time to time by City Council and maintained in the office of the Planning Department.

E.

For applicants requesting a rezoning to DT zoning districts, a pre-submittal conference is required with appropriate City staff. In some instances, more than one pre-submittal conference may be required. City staff may take up to three weeks to review information presented at the pre-submittal conference(s).

F.

If an amendment to the zoning ordinance to accomplish a rezoning, change of zoning conditions, or a conditional use permit is denied by the City Council, the same property may not again be considered for rezoning until the expiration of at least six months immediately following the date of denial of the rezoning by City Council. During this six-month period, no reconsideration or reevaluation of the denied amendment request shall take place.

G.

The Zoning Administrator shall transmit all applications for conditional use permits, rezonings, change of zoning conditions, or text amendments to City Council to approve, approve with conditions, or deny the application, with reasons set forth based on the standards provided Section 11-5.

H.

Conditional Use Permits.

1.

Limitations of conditional use permits.

i.

Development of an approved conditional use. The issuance of a conditional use permit shall only constitute approval of the proposed use, and development of the use shall not be carried out until the applicant has secured all other permits and approvals required by any applicable law or regulation.

ii.

Expiration of a special land use permit. Unless a building permit or other required approval is applied for within 12 months of city council approval, and construction pursuant to such building permit is promptly begun and diligently pursued thereafter, the conditional use permit shall expire automatically, unless the permit is extended upon application to the mayor and city council in accordance with subsection (c) of this section.

iii.

Time extension of a conditional use permit. A time limitation imposed on conditional use permits by city council and the expiration date established pursuant to subsection (b) of this section may be extended once for 6 consecutive months upon written request by the applicant and approval by the Zoning Administrator or their designee. Any further time extensions shall be by city council upon written request by the applicant and approval of the mayor and city council after compliance with the procedures in this section. In considering a request to extend, the Zoning Administrator or their designee and city council shall consider the criteria described in this section.

iv.

Limitations on approvals for conditional use permits. A conditional use permit shall expire automatically and cease to be of any force or effect if such use shall, for any reason, be discontinued for a period of 12 consecutive months.

v.

Modifications to a conditional use permit. Changes to an approved conditional use permit, including changes to approved conditions, expansion of the approved use, or expansion of building square footage, shall be subject to the same application, review and approval process as a new application, including the payment of relevant fees.

2.

Transfer of conditional use permits.

i.

Conditional Use Permits with Licenses: Conditional use permits, along with the proposed site plan and any conditions specified by the city council at the time of granting, are issued to the individual, corporation, or legal entity that submitted the permit application. Conditional uses related to government licensing (e.g., alcohol, tattooing, etc.) will run with the property owner. However, in the event of a change in ownership or tenancy of the subject property, conditional use permits related to licensing will also automatically expire, similar to other conditional use permits. In such cases, the new owner, tenant, and/or applicant are required to apply for a new conditional use permit, as outlined in this section. The issuance of a new permit is contingent upon compliance with the conditions stipulated in this section.

ii.

Conditional Use Permits without Licenses: Conditional use permits, along with the proposed site plan and any conditions specified by the city council at the time of granting, are issued to the individual, corporation, or legal entity that submitted the permit application. All other conditional use permits will run with the land. In the event of a change in ownership or tenancy of the subject property, the conditional use permit will transfer with the land and remain in effect, unless otherwise specified by the city council.

I.

Conditional zoning. In deciding upon any application for rezoning or conditional use permit, the City Council may, on their own motion or upon the suggestion of the applicant, or on consideration of the recommendations of the Zoning Administrator, grant the application subject to any of the following conditions.

1.

Such conditions deemed necessary to promote and protect the health, safety, and general welfare.

2.

Such conditions deemed necessary to protect neighboring properties and to lessen any potentially adverse effects of the zoning change.

3.

Such conditions set forth on an approved site plan such as, but not limited to, the following:

i.

Setback requirements from any lot line

ii.

Specified or prohibited locations for buildings, parking, loading or storage areas

iii.

Restrictions on land use activities to be permitted

iv.

Maximum building dimensions and height

v.

Landscaping or planted area which may include the location, type and maintenance of plant materials within a designated buffer area. Fences, walls, earth berms, or other landscape buffer provisions or protective measures

vi.

Preservation of existing trees and vegetation

vii.

Special conditions to eliminate or reduce undesirable views, light, glare, dust or odor

viii.

Hours of operation

ix.

Architectural details to be compatible with existing buildings in the area

x.

Adherence to specific site plans as adopted

xi.

Any other requirements that the City Council may deem appropriate and necessary for the protection of public health and welfare

J.

Prior to a final vote being taken on any application for which conditions shall be imposed, such conditions shall be announced at the public hearing and made a part of the motion to approve. If the applicant finds such conditions to be unacceptable, they may, before the final vote by City Council, withdraw the application. Such withdrawal shall not prevent the applicant from refiling a request for the same property until at least six months have elapsed from the date of withdrawal.

K.

The applicant or any successor in title may construct only those uses established as conditions and only in such a manner substantially consistent with any site plan submitted and approved with the application. Any zoning map amendment which is adopted with conditions shall be indicated on the Official Zoning Map. The property shall be indicated on the Official Zoning Map with the suffix "C" to indicate that the property has been rezoned with conditions. Such conditions shall remain imposed upon the property until removed or modified by the City Council.

Applications for conditional use permits, rezonings, except those initiated by City Council, must contain the following:

A.

A completed signed application, application fee, and written letter of authorization (if required).

B.

A summary of the project, the purpose of the application, and any unique aspects of the proposed project.

C.

A copy of any proposed restrictive covenants to be placed upon the property which is subject to the application.

D.

A legal description of the area which is subject to the application.

E.

A site plan representing information on the location, extent and type of proposed development, which shall include, depending upon the type of development, the following minimum types of information:

1.

North arrow and scale.

2.

Present zoning and names of owners of all adjacent parcels.

3.

Uses proposed.

4.

The location of the parcel relative to existing or proposed public streets.

5.

Topographic information sufficient to show elevation and drainage conditions of the land.

6.

Existing conditions or improvements on the property, including any which are proposed to be removed or demolished.

7.

The location and extent of required buffer and landscaped areas, including the extent of natural vegetation or fences as required, and the location of any trees to remain on site.

8.

Existing property lines and proposed lot dimensions and layout (if applicable).

9.

All required yards and buffers.

10.

All easements and streets or other rights-of-way.

11.

Development phases (if applicable).

12.

All parking, buildings, and other structures.

13.

All rivers, streams, creeks, and other water features.

14.

Environmentally sensitive areas, historical structures or sites, archeological sites, and cemeteries. Location of water and sewer facilities.

15.

Flood zones and wetlands.

16.

Standards for the physical development of the property, which may include illustrations of proposed architectural, landscape, open space, signage and other hardscape concepts.

17.

The Zoning Administrator may require additional information to properly evaluate the application.

F.

A table showing the following:

1.

Acreage to be developed by use, including required open space where applicable.

2.

Total heated square footage of each building.

3.

Total square footage of each proposed use.

4.

Lot coverage for each parcel.

G.

When the proposed development exceeds 50 residential units or 10,000 total non-residential square feet, the Zoning Administrator may require a traffic analysis to be prepared by a certified traffic engineer.

1.

The traffic analysis, when required, shall be guided by the Traffic Impact Study Guidelines manual, as amended and determined by the City engineer of the City of Winder. The traffic impact study shall establish the impact of a development project on the surrounding roads and what improvements may be available to mitigate such impacts, is required for any rezoning, and conditional use permit applications. Trip generation estimates shall be provided by a traffic engineer and shall be based on the Institute of Transportation Engineers Trip Generation Manual, latest addition.

H.

The applicant shall submit all disclosures of campaign contributions to local government officials as required by O.C.G.A. § 36-67A-3, as amended.

A.

Before adopting any change to the zoning map, zoning conditions, or zoning ordinance, or variance or conditional use permit, the City Council shall hold a public hearing.

B.

Upon receiving a rezoning application, and not less than fifteen (15) days prior to the date of the hearing, the City shall erect in a conspicuous place on the property in question a rezoning notification sign of not less than 4 square feet, with not less than one and one-half inch letters upon a white background.

C.

At least fifteen days but not more than forty-five (45) days prior to the date of the City Council meeting, the Planning Department shall cause to be published within a newspaper of general circulation within the City a notice of the hearing. The notice shall state the time, place, and purpose of the hearing and include the location of the property, the present zoning classification of the property and the proposed zoning classification of the property.

D.

All zoning decisions of the City Council shall be final. Appeals of the decision of the City Council may be appealed to the Barrow County Superior Court within 30 days of the written decision of the challenged or appealed action in accordance with law.

A.

Sign up. All persons who wish to address the Council at a hearing concerning a matter under consideration by the shall first sign up on a form to be provided by the City prior to the commencement of the hearing. Any party may appear in person or by agent or by attorney and offer testimony or present opinions by expert witnesses qualified in the subject to which they are testifying.

B.

Matter presented; out of order applications. The presiding officer at the Council meeting will read the proposed appeal or variance under consideration in the order it appears on the meeting agenda. The Zoning Administrator, or his designee, shall then present the basis of the appeal or variance, along with the pertinent departmental reviews, if any, prior to receiving public input on the matter. Any application or matter that has not complied with all notice and other requirements of this Article may be deemed out of order and be postponed by motion to table approved the Council until the next meeting or a future date as specified in the motion.

C.

Speakers. The presiding officer shall call each person who has signed up to speak on the matter then before the Council in the order in which the persons have signed up to speak, except the applicant who will always speak first. Prior to speaking, the speaker will identify himself and state his current address. Only those persons who signed up to speak prior to the commencement of the hearing shall be entitled to speak, unless the presiding officer or a majority of the members of the Council present at the hearing allow the person to speak, notwithstanding the failure of the person to sign up prior to the hearing.

D.

Time limits. The applicant or appellant and those in favor of the matter shall have at least 10 minutes to speak, total. Those opposed to the matter shall have at least 10 minutes to speak, total. The Council may extend these times upon majority vote. Each individual speaker shall have no more than three minutes to speak, except the applicant, who can take as much of the 10 minutes as is desired. The applicant may reserve time for rebuttal. Upon vote of a majority of the Council, either side may be granted additional time in any amount the Council desires, but in such event, the other side shall be granted the same additional time.

E.

Evidence, cross examination. Each side shall have the opportunity to present evidence and witnesses which shall be entered into the record. Cross examination of opposing witnesses shall be allowed by the presiding officer, but decorum shall be maintained. The board may require the applicant and opponents to designate one person to conduct any desired cross examination.

F.

Decorum and order. Each speaker shall speak only to the merits of the matter under consideration and shall address his remarks only to the members of the Council. Each speaker shall refrain from personal attacks on any other speaker or the discussion of facts or opinions irrelevant to the matter under consideration. The presiding officer may limit or refuse a speaker the right to continue if the speaker, after first being cautioned, continues to violate this subsection. Nothing contained herein shall be construed as prohibiting the presiding officer from conducting the hearing in an orderly and decorous manner to ensure that the public hearing on the matter is conducted in a fair and orderly manner.

The following standards shall be considered by the City Council in reviewing applications for proposed rezonings, change of zoning conditions, or text amendments:

A.

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

B.

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

C.

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

D.

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;

E.

Conformity with the Comprehensive Plan.

F.

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.

If, 24 months after a rezoning has been approved by City Council, either a preliminary plat has not been approved or a building permit has not been issued for the rezoned property, the Zoning Administrator may review the situation and report their findings with recommendations to the City Council. The City Council, after notifying the property owner in writing, can at a public hearing, change the zoning category to its prior or other appropriate zoning district. Decisions of the City Council shall be final. Appeals of the decision of the City Council may be appealed to the Barrow County Clerk of Superior Court within 30 days of the written decision of the challenged or appealed action in accordance with law.

A.

The City Council is authorized upon application in specific cases to consider such variance from the terms of this ordinance as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of this ordinance will, in an individual case, result in unnecessary hardship so that the spirit of the ordinance shall be observed, public safety and welfare secured and substantial justice done. Such variance may be granted in such individual case of practical difficulty or unnecessary hardship upon a finding by the City Council that:

1.

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

2.

The application of the ordinance to this particular piece of property would create an unnecessary hardship; and

3.

Relief, if granted, would not cause a substantial detriment to the public good or impair the purpose of this ordinance, provided, however, that no variance shall be granted for the use of land or building or structure that is prohibited by this ordinance; and

4.

The special circumstances or justifications for the variance are not the result of self-imposed actions or misfortunes of the applicant; and

5.

The variance requested is the minimum variance that will make possible the legal use of the land, building or structure.

B.

Should the City Council deny a variance request on a parcel(s) of land, then the same request may not be considered until the expiration of at least 6 months from the date of denial.

C.

Decisions of the City Council shall be final. Appeals of the decision of the City Council may be appealed to the Barrow County Clerk of Superior Court within 30 days of the written decision of the challenged or appealed action in accordance with law.

D.

The Zoning Administrator may grant administrative variances only for the following requirements. All administrative variances shall be based on the criteria established in Section 11-8A.

1.

Setback reduction (maximum of 10% reduction allowed by administrative variance).

2.

Building height increase (maximum of 5 feet increase allowed by administrative variance).

3.

Minimum house size (maximum of 10% reduction allowed by administrative variance).

4.

Minimum garage size (maximum of 10% reduction allowed by administrative variance).

5.

Interparcel access (see Section 3-9).

6.

Parking lot landscaping requirements (see Section 3-12).

7.

Streetscape standards (see Section 3-22)

A.

When it is alleged that an error has been made in interpretation of the provisions of this ordinance by the administrative staff, or when a decision relating to provisions of this ordinance aggrieves any person, an appeal to the City Council may be made within 30 days of receipt of notification of the decision.

B.

Such appeal shall be filed with the Zoning Administrator and the purpose of the appeal shall be specified in writing.

C.

The City Council shall hold a public hearing in accordance with Section 11-5 for the appeal within 60 days of the filing of the appeal. The hearing shall be advertised in a newspaper of general circulation within the City at least 15 and not more than 45 days prior to the date of the scheduled meeting. Due notice shall also be provided to the parties in interest. The City Council shall decide the appeal within 30 days after the hearing. Decisions of the City Council shall be final. Appeals of the decision of the City Council may be appealed to the Barrow County Clerk of Superior Court within 30 days of the written decision of the challenged or appealed action in accordance with law.

A.

Whenever any building or premises is being constructed, used, or occupied contrary to the provisions of this chapter or chapter 5, the Zoning Administrator may order the work stopped in accordance with the provisions of chapter 5. The Zoning Administrator may revoke any building permit or certificate of occupancy for any land, building or this division in order to protect the health, safety and general structure being constructed, used or occupied in violation of welfare of the residents of the City.

A.

Applicability. Any person or entity claiming a vested right to use or develop property under either the Code of Ordinances, City of Winder, Georgia, or the Zoning Ordinance of the City of Winder, Georgia shall present such claim to the Zoning Administrator for a determination regarding such claim's validity. Application for a determination as provided for hereunder shall be made to the City through the Zoning Administrator on forms established by the Zoning Administrator. Within 60 days of the filing of an application, the Zoning Administrator, or his or her designee, shall hold a quasi-judicial administrative hearing on the application in which all questions and evidence shall be presented for consideration. The Zoning Administrator, or his or her designee, shall render a final written decision on the application within a reasonable time following the hearing. The City Attorney is further authorized to assist the Zoning Administrator, or his or her designee, with this process. Any corresponding fee associated with such an application shall be set by separate ordinance.

B.

Nature. The proceedings contemplated by Section 11-11, including any decision rendered thereby, shall be quasi-judicial in nature as defined by O.C.G.A. § 36-66-3(1.1). Through the adoption of this section and its subsections, the Mayor and Council of the City of Winder hereby establish, delegate, and confer such quasi-judicial authority on the Zoning Administrator and his or her designee as provided for herein.

C.

Notice. Prior to any hearing contemplated by Section 11-11, the Zoning Administrator, or his or her designee, shall cause to be published a public hearing notice within a newspaper of general circulation in the City no less than thirty (30) days prior to the hearing, and a notice of the hearing shall also be mailed at least thirty (30) days prior to the public hearing to the applicant or person petitioning the City for the decision contemplated by Section 11-11. Such public hearing notice shall include the application number (if any number is assigned), date, time, location, and purpose of the public hearing. Public hearings may be delayed, rescheduled, or continued to another time and date, provided announcement is given at the time and place of the initially scheduled and advertised public hearing, and provided such date, time, and location of the public hearing to be delayed, rescheduled, or continued is given.

D.

Procedures. In conducting the hearing provided for in Section 11-11, the Zoning Administrator, or his or her designee, shall apply the following rules of procedure:

1.

INTRODUCTION AND GENERAL PROVISIONS.

i.

Copies of these procedures shall be made available to the applicant or party petitioning the City for this quasi-judicial ruling or determination (the "Applicant") in advance of the hearing, and the Presiding Officer (as defined herein) may summarize the procedures at the outset.

ii.

The Zoning Administrator, or his or her designee, presiding over the hearing shall be the "Presiding Officer" of the hearing. Unless otherwise stated herein, all questions or comments shall be directed to the Presiding Officer. The Presiding Officer, at any time, may consult with the City Attorney as needed.

iii.

Any objections or other issues raised shall be ruled upon by the Presiding Officer, after consultation with the City Attorney; such ruling shall be final for purposes of the hearing.

iv.

Any hearing held shall be open to the public.

v.

The Presiding Officer will, at the appropriate time, request the identification of any witnesses, including the one presenting evidence, and administer the following oath to each witness or person presenting: "Do you solemnly swear (or affirm) that the testimony or statements you are about to give on the issue pending shall be the whole truth and nothing but the truth?"

vi.

The Presiding Officer may ask that certain documents be introduced, including any record of the City.

vii.

The Presiding Officer may ask any person present to testify regarding the petition.

viii.

The issues considered at any hearing held hereunder shall be confined to whether the Applicant has a vested right to use or develop property in accordance with the Code of Ordinances, City of Winder, Georgia, or the Zoning Ordinance of the City of Winder, Georgia. No other issues shall be allowed or entertained.

ix.

The burden of proof is on the Applicant. Accordingly, the Applicant bears the burden of proving the existence of the claimed vested right to use or develop property in accordance with Georgia law.

x.

Any refusal by the Applicant to participate in the hearing shall constitute grounds for denial of the application.

xi.

The Applicant is not required to be represented by an attorney; however, an attorney may represent the Applicant if the Applicant so chooses.

xii.

The Presiding Officer is not required to apply formal rules of evidence pursuant to the Official Code of Georgia Annotated, but may use such rules of evidence as a guide. For example, the Presiding Officer is authorized to not accept written letters, affidavits, statements, or other documentary evidence that would otherwise be considered "hearsay." This means that if the person who wrote the letter, affidavit, or statement, or prepared the document generally, is not at the hearing to testify, the document may not be considered by the Presiding Officer except for in extremely limited circumstances. The party introducing such evidence generally must have the maker of the written statements and/or documents present.

xiii.

The Presiding Officer shall, at all times, maintain order and decorum in the proceeding and may enlist the help of a representative from the City of Winder Police Department to assist in this endeavor.

xiv.

The Mayor and Council further recognize that there could be instances in which additional procedures may be necessary for the orderly conduct of such hearings. To that end, the Presiding Officer is authorized to adopt such other and reasonable procedures as may be necessary to the extent that such procedures further the purpose and intent of the Section and are not otherwise inconsistent with the procedures set forth herein.

2.

PRESENTATION BY THE APPLICANT. The following procedures shall be followed by the party petitioning the City for this Quasi-judicial ruling or determination.

i.

OATH: Each person or persons appearing before the Presiding Officer shall take the oath prescribed hereinabove prior to addressing the Presiding Officer.

ii.

OPENING STATEMENT: The Applicant is allowed an opening statement not to exceed 10 minutes, unless the Presiding Officer allows for additional time.

iii.

PRESENTATION OF EVIDENCE: Following any opening statement, the Applicant shall present evidence in the following manner:

a.

Documentary evidence shall be presented to the Presiding Officer;

b.

After a document is presented, the Presiding Officer or City Attorney may ask questions of the Applicant or other person submitting a document regarding any such documents presented;

c.

The Applicant may also call any witnesses;

d.

After a witness testifies, the Presiding Officer or City Attorney may question the witness. The person desiring to question any witness in this manner must be recognized by the Presiding Officer first. Only one person may question a witness at a time.

e.

The procedures contained herein shall be cumulative and may be used in tandem, such as: a document may be presented during a witness' testimony and questions may be related to the document, witness' testimony, or both, as may be appropriate under the circumstances. When documents are presented during a witness' testimony, questions regarding the document may be asked at the time such document is presented if necessary for purposes of understanding the nature of the document. Otherwise, questions regarding the substance of the document or of the witness' testimony regarding the document shall, insofar as practicable, be held until the witness finishes his or her testimony;

f.

The procedures contained under subparagraphs (a)-(e) are to be repeated for each document and/or witness presented. For example, questions of any witness may be asked before that witness is excused.

iv.

CLOSING STATEMENT. The Applicant, or his or her representative, is allowed a closing statement not to exceed 10 minutes, unless the Presiding Officer allows for additional time.

v.

HEARING CONCLUDED.

a.

The Presiding Officer announces hearing closed.

b.

The Presiding Officer may take the decision, or deliberations on the decision, under advisement.

c.

The Presiding Officer shall render a final written decision on the application as provided for in this section.

E.

Appeal. The following shall apply to any appeal of a decision rendered through the process set forth in this section and its subsections.

1.

Appeals of the quasi-judicial decision provided for in this section shall be taken pursuant to O.C.G.A. § 36-66-5.1(a)(2) and shall be filed with the Superior Court of Barrow County within thirty (30) days of the date of the decision to be appealed.

2.

In order to comply with O.C.G.A. § 36-66-5.1(c), the Zoning Administrator is authorized to issue certiorari bonds and certificates of costs upon confirmation with the City Attorney that such approvals are appropriate.

3.

For purposes of certiorari proceedings, the Mayor is authorized to accept service on behalf of the Respondent. The Mayor is also authorized to accept service of process on behalf of the City of Winder, Georgia as the opposite party.

(Ord. (W-6-25), § 1, of 3-4-25)