There is hereby established a planning commission of the City of Young Harris, Georgia, which shall consist of not less than three, and not more than five, members. The planning commission shall be composed of members who shall hold no other public office in the City of Young Harris, Georgia. Members of the commission shall be appointed by the mayor for overlapping terms of three years and shall serve until their successors are appointed. The compensation for members, if any, shall be determined by the city council and shall be paid for each meeting of the commission actually attended. Any vacancy in the membership of the planning commission shall be filled for the unexpired terms in the same manner as the original appointment. The city council is authorized to remove any member of the commission for cause upon written notice and public hearing. The planning commission shall elect one of its appointive members as chairman, who shall serve one year or until reelected or a successor is elected. A second member shall be elected vice-chairman, and shall serve for one year or until reelected or a successor is elected. The planning commission shall appoint a secretary, who may be an officer or an employee of the governing authority or a member of the planning commission. The planning commission shall meet, when necessary, at the call of the chairman. The planning commission may appoint such employees and staff as may be necessary for its work, upon approval by the city council. All expenditures of the planning commission, exclusive of grants, shall be within the amount appropriated for such purposes by the city council. It shall be the function and duty of the planning commission to make such careful and comprehensive surveys and studies of existing conditions and probable future developments and to prepare such plans for physical, social and economic growth as will best promote the public health, safety, morals, convenience, property or the general welfare, as well as efficiency and economy in the development of the city. In particular, the planning commission shall have the power and duty:

(1)

To make recommendations as to the amendment of this ordinance and the official zoning map as applications shall come before them, provided that such recommendations shall not be binding upon the city council;

(2)

To make recommendations upon applications for special uses as set out in article VII of this ordinance, provided that such recommendations shall not be binding upon the city council;

(3)

To make recommendations upon applications for land disturbing permits as set out in section 6.3 of this ordinance, provided that such recommendations shall not be binding upon the city council; and

(4)

To make a regular study, review and recommendations concerning this ordinance and land use within the city.

(Ord. of 12-4-2018, § 5)

The mayor and city council of the City of Young Harris shall have the powers and duties of the governing authority of a municipality as conferred by law, including, but not limited to:

(1)

Hold public hearings and amend this ordinance and the official zoning map;

(2)

Grant, modify or deny applications for special uses and to hold public hearings on the same; and

(3)

Act on the following matters:

(a)

To receive and act upon those applications for permits for continuance of a nonconforming use which any person submits to the city council for action; and

(b)

To hear and decide appeals where it is alleged that there is an error in an order, requirement, decision or determination made by an administrative official in the enforcement of this ordinance.

(1)

Applicability of other provisions. This section shall be applied in conjunction with the soil erosion, sedimentation and pollution control ordinance adopted by the mayor and city council on September 4, 2018, or as hereinafter amended. In the event of a conflict between the provision of this ordinance and the soil erosion, sedimentation and pollution control ordinance, the more restrictive provision shall be applicable.

(2)

Permit required; exceptions. No land disturbing activities shall be conducted within the corporate limits of the City of Young Harris without the operator first securing a permit from the city. A land disturbing permit shall not be required for those land disturbing activities provided for in O.C.G.A. § 12-7-17, including minor land disturbing activities such as home gardens and individual home landscaping, repairs, maintenance work, fences, and other related activities which result in minor soil erosion. The permit exception in O.C.G.A. § 12-7-17(8) regarding projects involving less than one acre of disturbed area is hereby limited to the construction of single-family residences not part of a common development. Land disturbing activities other than for single-family residences not otherwise exempted by O.C.G.A. § 12-7-17 shall require a permit regardless of the size of the disturbed area.

(3)

Application requirements.

(a)

Applications for land disturbing permits shall be accompanied by three copies of the applicant's erosion and sediment control plans and by such supportive data as will affirmatively demonstrate that the land disturbing activity proposed will be carried out in such a manner that the minimum requirements set forth in O.C.G.A. § 12-7-6 shall be met.

(b)

All applications shall contain a certification stating that the plan preparer or the designee thereof visited the site prior to creation of the plan in accordance with EPD Rule 391-3-7-.10.

(c)

No application for a land disturbance permit shall be considered complete unless it includes payment of all applicable fees and other required documentation. No land disturbance permit shall be issued prior to the payment of all applicable fees. Permit fees shall be as fixed from time to time by the city council and will be published as part of a master fee schedule.

(d)

The city may require, prior to the issuance of a land disturbance permit, a statement by the Towns County tax commissioner certifying that all ad valorem taxes levied against the property and due and owing have been paid.

(e)

The city may require the permit applicant to post a bond in the form of government security, cash, irrevocable letter of credit, or any combination thereof up to, but not exceeding, $3,000.00 per acre or fraction thereof of the proposed land disturbing activity, prior to issuing the permit. If the applicant does not comply with this section or with the conditions of the permit after issuance, the city may call the bond or any part thereof to be forfeited and may use the proceeds to hire a contractor to stabilize the site of the land disturbing activity and bring it into compliance.

(4)

Issuance, denial, suspension, revocation and modifications of permits.

(a)

Applications for land disturbing permits shall be presented to and reviewed by the planning commission, which shall make recommendations to the city council. The city council shall issue, issue with conditions, or deny the application.

(b)

Permits shall be issued or denied as soon as practicable but in any event not later than 45 days after receipt by the city of a completed application, providing variances and bonding are obtained where necessary, and all applicable fees have been paid prior to permit issuance. The determination of whether an application is complete shall be the sole responsibility of the chairperson of the planning commission so as to ensure that the documents submitted with the application are sufficient to show compliance with all applicable federal, state and local requirements for land development. The permit shall include conditions under which the activity may be undertaken.

(c)

The city, upon denial of a permit, shall state its reasons for the denial, setting forth specifically wherein such application is found to be deficient. No development activity may take place on the subject parcel until the permit application is resubmitted to address deficiencies and approved by the city. Resubmission of the land disturbance permit shall require payment of a re-submittal fee, which shall be in an amount as fixed from time to time by the city council and will be published as part of a master fee schedule.

(d)

If a permit applicant has had two or more violations of previous permits or O.C.G.A. § 12-7-7 within three years prior to the date of filing of the application under consideration, the city may deny the permit application.

(e)

The permit may be suspended, revoked, or modified by the city, as to all or any portion of the land affected by the plan, upon a finding that the holder or his or her successor in title is not in compliance with the approved erosion and sediment control plan or that the holder or his or her successor in title is in violation of the Georgia Erosion and Sedimentation Act (O.C.G.A. § 12-7-1 et seq.) or any ordinance, resolution, rule, or regulation adopted or promulgated thereto. A holder of a permit shall notify any successor in title to him or her as to all or any portion of the land affected by the approved plan of the conditions contained in the permit.

(f)

Any land disturbance permit issued in error or in contradiction to the provisions of this ordinance shall be considered to have been null and void upon its issuance.

(5)

Expiration and renewals of land disturbance permits.

(a)

A land disturbance permit shall expire if either of the following events occurs:

i.

The development activity described in the permit is not begun within 180 days from the date of issuance; or

ii.

No development activity in furtherance of the issued permit occurs for a period of 90 consecutive days.

(b)

Any land disturbance permit that has expired may be renewed by the city within 180 days of expiration with payment of a re-submittal fee, which shall be in an amount as fixed from time to time by the city council and will be published as part of a master fee schedule. If a land disturbance permit has been expired for more than 180 days, the permit is null and void and the applicant shall be required to apply for a new permit under the development regulations applicable at the time of the new permit application.

(6)

Minor land disturbing activities; no permit required. No land disturbance permit shall be required for minor land disturbing activities, but prior authorization from the city shall be required in the following circumstances:

(a)

Minor land disturbing activities that are performed within the right-of-way of a public road, including, but not limited to, the installation of driveway culverts, by a private individual or entity must have the prior written approval of the city before such work is commenced.

(b)

Minor land disturbing activities that are performed on property adjacent to a public road and which have the potential to impact the structural integrity of the public road must have prior written approval of the city before such work is commenced.

(c)

For purposes of this section "minor land disturbing activities" means activities such as home gardens and individual home landscaping, repairs, maintenance work, fences, and other related activities which result in minor soil erosion.

(Ord. of 12-4-2018, § 1; Ord. No. 2023-ORD-6, § 2, 11-7-2023)

A demolition permit approved by the mayor and city council is required for demolition of all non-single family residential property.

(a)

Demolition application to include, but not limited to, testing for and disposal of hazardous waste (to include lead paint, asbestos, etc.) and plan for disposal of wreckage.

(b)

Demolition application to include safety plan, tree protection, and/or landscaping plan.

(c)

Demolition application to include a plan for electrical, water, and sewage disconnects.

(d)

Demolition activity shall commence within ten days of the issuance of a permit, otherwise such permit shall be revoked automatically and such demolition activity shall be completed within 60 days of the issuance of a permit.

Any owner, agent or contractor who desires to construct, enlarge, alter, repair, move or demolish a building or structure, or to erect, install, enlarge, alter, repair, remove, convert or replace any electrical, gas, mechanical or plumbing system, the installation of which is regulated by technical codes, or to cause any such work to be done, shall first make application to the building official and obtain the required permit for the work. Ordinary, minor repairs may be made with the approval of the building official without a permit, provided such repairs shall not violate any of the provisions of the technical codes.

6.5.1.

Building permit required.

(1)

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

(2)

It shall be unlawful to commence the excavation or filling of any lot for construction of any building until a building permit has been issued for such work. Natural vegetation shall remain on all properties until a permit has been issued.

(3)

A building permit shall not be required for the following:

a.

Replacement of roofing covering, including asphalt shingles, mineral-surfaced roll roofing, metal roofing or other material, including minimal decking replacement, so long as no structural changes are made.

b.

Movable cases, counters, and partitions not over five feet high.

c.

Painting, wallpapering, tiling, carpeting, cabinetry, counter tops (if plumbing is not affected), millwork, and similar finish work.

d.

Swings and other playground equipment accessory to a one or two-family dwelling.

e.

Detached accessory structures of 100 square feet or less, or detached accessory structures of 300 square feet or less provided that such structure does not have electrical, plumbing or other utility service to it or in it.

f.

Ordinary minor repairs may be made without a permit, provided that such repairs shall not violate any of the provisions of the technical codes or any other laws or ordinances. Such repairs shall not include the cutting away of any wall, partition or portion thereof, the removal or cutting of any structural beam or load bearing support, or the removal or change of any required means of egress, or rearrangement of parts of a structure affecting egress requirements; nor shall any ordinary minor repairs include addition to, alteration of, replacement or relocation of any standpipe, water supply, sewer, drainage, drain leader, gas, soil, waste, vent or similar piping, electric wiring or mechanical or other work affecting public health or general safety.

(4)

Permit fees shall be established by the mayor and city council by separate resolution.

6.5.2.

Permit applications. Each application for a permit, with the required fee, shall be filed with the building official on a form furnished by the City of Young Harris for a specific work to be done, including a general description and the location of the proposed work. The application shall be signed by the owner, his agent or contractor. The application shall indicate the proposed occupancy of the building or structure.

(1)

Applications for building permits for the construction of, renovation of, or addition to buildings and structures other than for single-family (detached or duplex) residential uses shall require submission of two sets of plans bearing the seal of an architect or engineer, legally registered under the laws of this state regulating the practice of architecture or engineering. Such plans shall be drawn to scale showing the acreage and exact location of the lot, the actual dimensions of the proposed building(s) or structure(s) and their location on the lot, the distance of the proposed building(s) or structure(s) from all property lines and setback lines, and the number of dwelling units (if applicable). Topographic lines at mean sea level, both existing and proposed, drainage plans, proposed size and location of ingress/egress, water and/or sewer mains and services, both existing and proposed, including hydrants and meter size shall also be shown so as to allow the city to properly review the development proposal to ensure compliance with the zoning ordinance and other applicable Code standards. Applications must include the approval of the state fire marshal or a statement from the fire marshal that no approval is necessary.

(2)

All applications for building permits for the construction of, renovation of, or addition to single-family (detached or duplexes) residential uses (including their accessory uses such as detached garages and outbuildings) require submission of plans drawn to scale showing the actual dimensions of the lot to be built upon, the size and location of the lot, number of dwelling units (if applicable), footprint dimensions to scale and the proposed size and location of ingress/egress to the lot. If no alteration of the footprint of existing buildings or structures is planned, no such plans shall be required, and the applicant shall so state on its application.

(3)

Where private sewerage systems are used, a copy of the permit for the septic system, issued by the Towns County Health Department, shall accompany the application for the permit.

6.5.3.

Issuing Permits. The building official shall act upon an application for a permit within ten working days from the time application is filed with the City of Young Harris. If the building official is satisfied that the application is complete, the application will be forwarded to the planning commission for review at their next monthly meeting.

(1)

If the application for a permit and the documents describing the work do not conform to technical codes, state law or this ordinance the planning commission shall return the application to the applicant with a written explanation of the reasons for refusal to issue the permit. This written notification shall be postmarked no later than ten working days from the time application is reviewed by the planning commission.

(2)

Once the application meets all requirements the planning commission will forward the application with recommendations to the city council.

(3)

Any person who begins any work on a building, structure, electrical, gas, mechanical or plumbing system before obtaining the necessary permits shall be subject to a fine of $100.00 per day from the beginning date of construction until permit application is received by the City of Young Harris, plus the price required for the permit or permits.

6.5.4.

Conditions of permits. The planning commission may recommend, and the mayor and city council may impose, conditions which serve the purposes of this ordinance and the public welfare, regardless of whether or not they are proposed or consented to by the property owner.

(Ord. of 12-4-2018, §§ 2, 3; Ord. No. 2023-ORD-003, § 3, 6-6-2023; Ord. No. 2025-003, §§ 1, 2, 4-1-2025)

The planning commission shall review and recommend approval, denial or approval with conditions and the City of Young Harris shall approve or deny special uses which are specifically authorized by this ordinance. Public hearings are required (See hearing requirements).

The planning commission shall include any condition, requirement, or limitation which may be necessary to protect adjacent properties and carry out the provisions of this ordinance in its review and the City of Young Harris may impose conditions, requirements or limitations it deems necessary. If at any time after a special use permit has been issued, the building official (if not appointed, the mayor and council) finds that the conditions imposed and the agreements made have not been or are not being fulfilled by the holder of a special use permit, the permit shall be terminated.

Specifically, in order to grant approval of a special use, the city council must find the following standards have been met:

1.

Compliance with the City of Young Harris's zoning ordinance.

2.

The character and use of buildings and structures adjoining or in the vicinity of the subject property.

3.

The compatibility of the proposed use at the subject property to the present uses of the buildings, structures, or properties adjoining or in the vicinity of the subject property.

4.

Impact of the proposed use on nearby properties, including existing and possible future uses.

5.

Impact of the proposed use on public facilities, utilities and public infrastructure.

6.

Appropriateness of the proposed use as related to the city's land use plan.

7.

The number of persons residing, studying, working in or otherwise occupying buildings adjoining or in the vicinity of the subject property.

8.

Traffic conditions in the area of the proposed use and possible aggravation of traffic conditions by the proposed use.

9.

Accessibility of building for fire and police protection.

10.

Materials of combustible, explosive or inflammable nature to be sold, stored, or kept on the premises.

11.

Protection of occupants of adjoining and surrounding buildings from noise, dust, grasses, pollution.

12.

Population density in the surrounding area and threats to the public safety created by the proposed use.

13.

Relationship of the proposed use to the neighboring areas in the context of how the use might service or have utility to the area.

14.

Adequacy of the site in terms of protecting and screening nearby properties from adverse impacts which might result from the proposed use.

15.

The number, size, and type of signs proposed for the site.

16.

The amount and location of open space on the site.

17.

Hours and manner of operation of the proposed use.

18.

The type of electrical illumination for the proposed use with special reference to its effects on nearby structures and the glare, if any, from such illumination in surrounding sleeping quarters.

19.

Adequacy of available parking and ingress and egress to the property.

20.

Impact of the proposed use on the property values of surrounding properties at the uses for which the surrounding properties are presently being used.

6.6.1.

Special use permit procedure. Application for a special use shall be filed with the office of the city clerk, and the planning commission and shall have 45 days within which to consider each request and make written recommendations to the city council. A public hearing is required by the city council (see public hearing requirements). Upon receiving recommendations from the planning commission or after the forty-five day period has expired, the city council shall schedule the proposed special use to be voted on at the next regularly scheduled council meeting. Each application shall be accompanied by a professionally prepared, to scale, site plan, showing the following:

1.

General location of existing structures and property lines.

2.

Present zoning of adjacent property.

3.

Existing use of adjacent property.

4.

Location of proposed buildings and land use.

5.

A legal description of the property.

6.

Setbacks.

7.

Parking spaces if applicable.

6.6.2.

Fee. Each application for a special use shall be assessed a fee according to fee schedule established by the city council to defray administrative and publication costs.

6.6.3.

Conditional approval. The planning commission or the city council may impose such conditions as it deems necessary to insure compatibility of the proposed use with the neighboring area and with the policies of the city's zoning ordinance and land use plan and the standards of this chapter. Such conditions may include, at a minimum, any of the following:

1.

The existence of certain public facilities, utilities, or infrastructures.

2.

The existence of traffic control devices or modifications to streets and traffic patterns.

3.

Parking.

4.

Screening or buffering.

5.

Distance from other similar uses.

6.

Building or improvement setbacks.

7.

Minimum lot size.

8.

Hours of operation.

9.

Number and location of curb cuts or driveway entrances into public roads or into the subject tract.

10.

Type and placement of outdoor lighting.

11.

Type and placement of signs.

12.

Physical design and layout of property.

13.

Limitations on operation of use.

The council or the building inspector, if designated, shall sign and issue an occupancy permit if the proposed use of a lot or building is found to conform to the applicable provisions of this ordinance, and if the building as finally constructed, complies with the plans submitted for the building permit.

A certificate of occupancy 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, altered or a change in the use of an existing building.

3.

Any nonconforming use that exists at the time of the enactment of this ordinance or an amendment thereto that is changed, extended, altered, or rebuilt thereafter.

6.7.1.

No certificate of occupancy shall be issued unless the lot or building or structure complies with all provisions of this ordinance, and other applicable ordinances of the city and applicable state and county laws and regulations.

6.7.2.

No certificate of occupancy shall be issue until all necessary parties have approved a project for occupancy. Those parties may include, but are not limited to, the fire marshal, building inspector, city engineer, city water director, city sewer director, health department, representative of city planning commission, and city mayor.

6.7.3.

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

The mayor and town council, or the building official, as designated by the mayor and town council, is hereby authorized and directed to enforce the provisions of this ordinance. Whenever a building official is not designated, "building official" shall mean mayor and city council.

6.8.1.

Right of entry. Whenever necessary to make an inspection to enforce any of the provisions of the ordinance, or whenever the building official has reasonable cause to believe that there exists in any building or upon any premises any condition or code violation which makes such building, structure, premises, electrical, gas, mechanical or plumbing system unsafe, dangerous or hazardous, the building official may enter at all reasonable times to inspect the same or perform any duty imposed upon the building official by this ordinance. If the building official is not granted access at the time of a reasonable request for inspection, all utilities shall be disconnected until such time as inspection is made by the proper official.

6.8.2.

Unsafe buildings or systems. All buildings, structures, electrical, gas, mechanical or plumbing systems which are unsafe, unsanitary or do not provide adequate egress or ingress or which constitute a fire hazard, are otherwise dangerous to human life, which in relation to existing use, constitute a hazard to safety or health, are considered unsafe buildings or systems. All such unsafe buildings, structures or service systems are hereby declared illegal and shall be abated by repair and rehabilitation or by demolition. The repair and rehabilitation is the responsibility of the owner of the building or structure. If demolition is deemed necessary the owner is responsible for all costs. If the owner does not repair, rehabilitate or demolish the building or structure as deemed appropriate by the building official the owner shall be fined for violation of this zoning ordinance. Each day the repair, rehabilitation or demolition is not shown to be underway shall be considered a separate offense.

6.8.3.

Revocation of permits. The building official may revoke a permit or approval, issued under provisions of this ordinance, where there have been any false statements or misrepresentations as to the material facts in the application or plans on which the permit or approval was based. The building official may revoke a permit upon determination by said official the permit was issued in violation of, or not in conformity with the provisions of this ordinance.

In all cases in which the city council or the planning commission considers a prospective zoning decision, the following standards shall apply:

(1)

Whether the zoning proposal would be consistent and/or compatible with existing land use development plans, goals and objectives;

(2)

Whether the zoning proposal would create an isolated district unrelated to adjacent or nearby districts;

(3)

Whether the zoning proposal would impede, facilitate or have no impact on transportation, water, sewage and/or other public services or facilities;

(4)

Whether the zoning proposal would tend to increase, decrease or have no impact on traffic safety and congestion;

(5)

Whether the zoning proposal would tend to increase, decrease or have no relationship to safety from fire, panic and other dangers;

(6)

Whether the zoning proposal would tend to promote, diminish or have no influence on the public health and general welfare;

(7)

Whether the zoning proposal would increase, decrease or have no influence on the provision of adequate light and air;

(8)

Whether the zoning proposal would tend to cause, prevent or have no influence on the overcrowding of land;

(9)

Whether the zoning proposal would tend to impact the environment, including, but not limited to, drainage, soil, erosion, sedimentation, flooding, air quality, and water quality and/or quantity;

(10)

Whether the zoning proposal would adversely affect the value or existing use of adjacent property;

(11)

Whether the zoning proposal would tend to require only reasonable expenditures of public funds or would tend to require an excessive or premature expenditure of funds;

(12)

Whether the zoning proposal would tend to promote, diminish or have no influence upon the aesthetic effect of existing and future uses of the property to be affected by zoning proposal and surrounding areas;

(13)

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

(14)

Whether the relative gain to the public in denying the zoning proposal outweighs the hardships imposed upon the individual property owner;

(15)

Whether the existing boundaries of use districts or zones are illegally drawn in relation to existing conditions affecting the property proposed for change;

(16)

Whether changed or changing conditions make the passage of the zoning proposal appropriate;

(17)

The length of time the property, if vacant, has been vacant as zoned, when considered in the context of land development in the area and the vicinity of the property;

(18)

The extent to which property values are diminished by the particular zoning restrictions, and the extent to which any such diminution in, or destruction of, the property values of the owner of the subject property promotes the health, safety, morals and general welfare of the public;

(19)

Whether the property is likely to be used for the use specified in the zoning proposal;

(20)

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; and

(21)

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

(1)

In all cases in which the city council or the planning commission considers a prospective zoning decision, the procedures adopted by the general assembly in the Zoning Procedures Law, O.C.G.A. § 36-66-1 et seq., as it may be amended from time to time, shall apply. In the event that the Zoning Procedures Law, now or as it may be amended, is found to conflict with the following policies and procedures, then the provisions of the Zoning Procedures Law shall control and the inconsistent policy or procedure provided by this ordinance shall not apply.

(2)

An application for a zoning decision may be initiated by the planning commission or be submitted to the planning commission by the mayor and city council, zoning staff, or by any person having an interest in the city. Unless initiated by the mayor and city council or the planning commission, all applications to amend the official zoning map must be submitted by the owner of the affected property or the authorized agent of the owner. If submitted by an agent of the owner, such authorization shall be notarized and attached to the application. In the event an application for an amendment to the zoning map has been denied, another rezoning application affecting the same property shall not be submitted nor accepted until six months have passed from the date of the final decision by the city council. An application to alter conditions of zoning may be submitted at any time after the final decision of the city council imposing the conditions when there has been a change in circumstances since the time of the original decision to impose the condition. Such application to change the conditions of zoning shall be processed in the same manner as an application for rezoning. Application fees for an application to amend this ordinance or the official zoning map shall be established by resolution of the mayor and city council and made available by the zoning administrator. A fee shall not be charged for applications initiated by the zoning staff, mayor and city council or planning commission. Applications shall be submitted to the city clerk and mayor, who shall transmit the application to the planning commission within five days of receipt of a completed application.

(3)

Withdrawal. An application may be withdrawn without prejudice at any time prior to the planning commission meeting. The planning commission may give permission for a withdrawal without prejudice at its meeting. Withdrawal after the planning commission's meeting shall mean such application may not be resubmitted for consideration for a period of six months, counting from the date of withdrawal to the date of renewed application. Unless withdrawn at the meeting, the withdrawal must be in writing, signed and dated by the applicant.

(4)

Campaign contribution disclosures. Applicants and opponents to rezoning actions that change the zoning district on a parcel are requested to consult the conflict of interest in Zoning Act, O.C.G.A. § 36-67A-1, which requires disclosure of campaign contributions, made within two years of the rezoning application, and aggregating $250.00 or more, to any planning commission member or the mayor or city council. Such disclosures should be filed at least five calendar days prior to the planning commission's hearing on forms available at the zoning office. Violation of this act shall not affect the validity of the rezoning, but such action may be punishable under O.C.G.A. § 36-67A-4.

(5)

Text amendment applications. Text amendment applications shall include the following minimum information:

(a)

Name and current address of the applicant;

(b)

Current provisions of the text to be affected by the amendment;

(c)

Proposed wording of text change; and

(d)

Reason for the amendment request.

(6)

Zoning map amendment. Official zoning map amendment applications, except those initiated by the mayor and city council or the planning commission, shall include the following minimum information:

(a)

If the zoning map amendment is for other than a single-family residential use, one copy of the recorded plat and site plan for use of the property drawn to scale, showing north arrow, land lot and district, the dimensions, acreage and location of the tract prepared by an architect, engineer, landscape architect or land surveyor whose Georgia registration is current and valid. The preparer's seal shall be affixed to the plat. Upon application, the mayor and city council may waive the requirement for a site plan;

(b)

If the zoning map amendment is for a single-family residential use, one copy of the recorded plat, if applicable, with a sketch plan for the planned use of the property;

(c)

The present and proposed zoning district for the tract;

(d)

The names and addresses of the owners of the land and their agents for the purposes of the application, if any; and

(e)

The names and addresses of all adjoining property owners, as shown by the county tax records. In determining the adjoining property owners, streams and road, street or railroad rights-of-way shall be disregarded.

(7)

Rezoning to a classification other than that requested permitted. With respect to amendments to the official zoning map, where the mayor and city council determine that a property should be rezoned, but that the requested zoning classification is not appropriate, the city council may instead rezone the property to a different zoning classification than the applied for classification. In such cases, it shall not be necessary to restart the application process, nor provide additional notice or public hearings beyond that required for the initial application.

(8)

Public notification.

(a)

Legal notice. Due notice of the public hearing pursuant to this article shall be published in the newspaper of general circulation within the city. Notice advertising the application and indicating date, time, place and purpose of the public hearings shall be published at least 15, but not more than 45, days prior to the date of the scheduled public hearing of the mayor and city council. If the application is for amendment to the official zoning maps [and] is initiated by anyone other than by the mayor and city council, then the notice shall also include the location of the property, the present zoning district of the property, and the proposed zoning district of the property. The cost of the advertisement shall be borne by the applicant. The notice shall also state, "Notice is hereby given that the mayor and city council have the power to impose a different zoning classification from the classification requested, and impose or delete zoning conditions that may change the application considerably." If the notice does not run in the newspaper in conformance with these requirements, the application shall not be considered until a proper notice has been run.

(b)

Signs posted. If the zoning map amendment is initiated by anyone other than the mayor and city council, an officer or agent of the city shall post, at least 15 days prior to the mayor and city council's public hearing, in a conspicuous place in the public right-of-way fronting the property or on the property for which an application has been submitted, a sign or signs containing information as to the application and date, time and place of the public hearing.

(9)

Planning commission review. Upon receipt of the completed application from the city clerk, the planning commission shall consider the application within 45 days and shall make a recommendation to the city council. The applicant shall be given the opportunity to appear before the planning commission, either personally or through an agent, and present all facts and materials relevant to the application. Other interested persons shall be allowed to speak as well, and the chairman of the planning commission shall conduct the meeting in the same manner as this ordinance provides for the conduct of the public hearing before the mayor and city council.

(10)

Mayor and city council's public hearing.

(a)

Sign up. All persons who wish to address the mayor and city council at a hearing concerning a proposed zoning decision shall first sign up on a form to be provided by the city prior to the commencement of the public hearing.

(b)

Matter presented. The mayor will read the proposed zoning decision under consideration and the planning commission's recommendation prior to receiving public input on the proposed zoning decision. If an application is not complete, or all requirements of this ordinance have not been complied with, the application is out of order and will not be called at that meeting. It shall be tabled for one month. If the application is still incomplete or out of order at the next meeting, it shall be deemed withdrawn. The applicant shall have to wait six months to reapply.

(c)

Speakers. The mayor shall call each person who has signed up to speak on the zoning decision 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 or herself and state his or her current address. Only those persons who signed up to speak prior to the commencement of the hearing shall be entitled to speak, unless the mayor, in his discretion, allows the person to speak on the zoning decision, notwithstanding the failure of the person to sign up prior to the hearing.

(d)

Time limits. Each speaker shall be allowed three minutes to address the mayor and city council concerning the zoning decision then under consideration, unless the mayor allows additional time, and provided that the applicant shall always be allowed an amount of time equal to all of the opponents to the application together. The applicant shall have a minimum of ten minutes for his presentation (including all related witnesses or experts). The applicant may initially use all of the time allotted to him to speak, or he may speak and reserve a portion of his allotted time for rebuttal. Opponents are not allowed rebuttal or a second opportunity to speak, unless specifically granted by the mayor. In all circumstances, the proponent(s) and opponent(s) of each amendment shall have no less than ten minutes per side for presentation of data, evidence, and opinion thereon; if there is only one applicant or opponent, such person shall have the full ten minutes if desired.

(e)

Decorum and order. Each speaker shall speak only to the merits of the proposed zoning decision under consideration and shall address his remarks only to the mayor and city council. Each speaker shall refrain from personal attacks on any other speaker or the discussion of facts or opinions irrelevant to the proposed zoning decision under consideration. The mayor 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 mayor from conducting the hearing in an orderly and decorous manner to assure that the public hearing on a proposed zoning decision is conducted in a fair and orderly manner.

(f)

These procedures shall be available in writing at all hearings.

(Ord. No. 2024-004, §§ 9—12, 9-10-2024)

If an owner of property located within the corporate limits of the city complains that there is an error in the order, requirement, decision or determination made by an administrative official in the enforcement of this ordinance, the aggrieved party may appeal such action by requesting a hearing before the entire city council, which hearing may be held at a regularly scheduled city council meeting or at a special meeting of the city council convened for that purpose. The aggrieved party may appear with or through counsel and present to the council such evidence as the party may desire for the purpose of showing error on the part of said administrative official. The administrative official may appear in person, or by or through counsel for the purpose of rebutting the claims of the aggrieved party. The issues shall be formed by the aggrieved party filing with the city clerk a written statement setting forth the errors complained of, a copy of which statement shall be furnished by the city clerk to the administrative officer not less than 15 days prior to the scheduled date of the hearing. The aggrieved party shall have the right to open and conclude. The administrative official may present evidence to rebut the error complained of. In exercising the powers conferred upon it by this zoning ordinance, the city council may, in conformity with the provisions of this zoning ordinance, reverse or affirm, wholly or partly, or may modify the order, requirement, decision, determination, or recommendation and, to that end, shall have all the powers of the office from which the appeal is taken.

(1)

Appeals of the grant or denial of a zoning decision shall be taken within 30 days of the decision by filing an appeal in superior court, pursuant to the provisions in title 5 of the Georgia Code. Such appeals shall be de novo.

(2)

Appeal from decisions of the city council on appeals from the decision of an administrative decision shall be made to the superior court, pursuant to the provisions of title 5 of the Georgia Code. Such appeals shall be on the record before the city council.

(3)

The chairperson of the planning commission is designated to, without additional planning commission or city council action, approve or issue any form or certificate necessary to perfect the petition described in Title 5 of the Georgia Code for review of lower judicatory bodies.

(4)

The city clerk is authorized to accept service of process on behalf of the planning commission and the city council for any action arising under the provisions of this zoning ordinance.

(Ord. No. 2023-ORD-003, § 4, 6-6-2023)

With respect to amendments to the official zoning map, 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. Similarly, the planning commission may recommend, and the mayor and city council may impose, conditions which serve the purposes of this ordinance and the public welfare, regardless of whether or not they are proposed or consented to by the property owner.

(1)

In order to maintain the health, safety, and welfare of the citizens of Young Harris the city council may impose conditions on rezoning requests. Conditions placed on the property as a part of approval of a rezoning application shall remain in force until such time as an appeal has been granted. Conditions shall be in writing and purpose for the conditions shall be established.

(2)

Conditions placed on property at the time of rezoning shall become a written part of the minutes of the council meeting, or shall be placed in the ordinance, and shall be attached to the amendment to the official zoning map. The conditions imposed shall be part of the rezoning application and kept in the office of the city hall.

(3)

Any condition or conditions imposed upon the petitioner by the city council in its ordinance, or as contained in its minutes, or as contained in written representations by the applicant, accepted by the city council, must be satisfied before the change in status will take permanent effect. Should the imposed condition(s) fail to be performed within the prescribed time period set forth by the city in either the city minutes or ordinance or in the application, if otherwise so stated, then within one year, the property at issue will automatically revert to the status or classification it occupied before the practitioner's application to re-zone was filed.

(4)

Conditions include those contained in the minutes of the city council, which shall become a part of the ordinance when enacted and written representations submitted by the applicant to the city, and accepted by the city council, which shall become an amendment to the applicant's rezoning application and a part of the enacted ordinance.

6.13.1.

Appeal process for conditional zoning. Appeals for removal of conditions placed on rezoned property may be heard by the City of Young Harris city council only when the reason for the placement of conditions has changed to allow the use of the property without the conditions. Appeals shall follow the same procedure as that of a rezoning application. Public hearings are required before any conditions placed on property may be dissolved.

(1)

When a proposed zoning decision relates to an amendment of the zoning ordinance to revise one or more zoning classifications or definitions relating to single-family residential uses of property so as to authorize multifamily uses of property pursuant to such classification or definitions, or to grant blanket permission, under certain or all circumstances, for property owners to deviate from the existing zoning requirements of a single-family residential zoning, such zoning decision must be adopted in the following manner:

(A)

The zoning decision shall be adopted at two regular meetings of the city council, during a period of not less than 21 days apart; and

(B)

Prior to the first meeting provided for in subparagraph (A) of this paragraph, at least two public hearings shall be held on the proposed action. Such public hearings shall be held at least three months and not more than nine months prior to the date of final action on the zoning decision. Furthermore, at least one of the public hearings must be held between the hours of 5:00 P.M. and 8:00 P.M. The hearings required by this paragraph shall be in addition to any hearing required under O.C.G.A. § 36-66-4(a). The city shall give notice of such hearing by:

(i)

Posting notice on each affected premises in the manner prescribed by O.C.G.A. § 36-66-4(b); provided, however, that when more than 500 parcels are affected, in which case posting notice is required every 500 feet in the affected area; and

(ii)

Publishing in a newspaper of general circulation within the city a notice of each hearing at least 15 days and not more than 45 days prior to the date of the hearing.

Both the posted notice and the published notice shall include a prominent statement that the proposed zoning decision relates to or will authorize multifamily uses or give blanket permission to the property owner to deviate from the zoning requirements of a single-family residential zoning of property in classification previously relating to single-family residential uses. The published notice shall be at least nine column inches in size and shall not be located in the classified advertising section of the newspaper. The notice shall state that a copy of the proposed amendment is on file in the office of the city clerk and in the office of the Towns County clerk of the superior court for the purpose of examination and inspection by the public. The city shall furnish anyone, upon written request, a copy of the proposed amendment, at no cost.

(2)

The provisions of paragraph (1) of this section shall also apply to any zoning decisions that provide for the abolition of all single-family residential zoning classifications within the city or zoning decisions that result in the rezoning of all property zoned for single-family residential uses within the city to multifamily residential uses of property.

(3)

This section shall not apply to zoning decisions for the rezoning of property from a single-family residential use of property to a multifamily residential use of property when the rezoning is initiated by the owner or authorized agent of the owner of such property.

(Ord. No. 2023-ORD-003, § 5, 6-6-2023)