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Meriwether County |
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Code of Ordinances |
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CODE OF ORDINANCES |
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Appendix A. ZONING |
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Article 16. ADMINISTRATION |
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16.1 This Ordinance shall be administered by the Zoning Administrator of Meriwether County, in cooperation with the Planning Commission, and the County Commission of Meriwether County, Georgia. 16.1-1 Zoning Administrator. There is hereby created the Office of Zoning Administrator of Meriwether County, Georgia. DUTIES AND AUTHORITY: The Zoning Administrator shall administer the provisions of the Zoning Ordinance, and shall: Serve as administrative secretary to the Planning Commission. Maintain public records concerning the administration of the Zoning Ordinance, including all maps, amendments, Certificates of Zoning Compliance, Special uses, Variances, and records of public hearings. 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 County Commission. Undertake other relevant duties as may be delegated by the County Commission Chairperson. 16.2 Meriwether County Planning Commission 16.2-1 There is hereby created a Meriwether County, Planning Commission whose purpose is to carry out provisions of the Meriwether County Zoning Ordinance assigned to it and within applicable provisions of the laws of Georgia. This Zoning Ordinance, including the Official Zoning Map, may be amended by the Meriwether County Commission on its own motion, on a petition, or on recommendation of the Planning Commission, but no amendment shall become effective unless it shall have been proposed by or shall first have been submitted to the Planning Commission in writing for review and recommendation. MEMBERSHIP: Members of the Planning Commission shall be appointed by the Meriwether County Commission. The Commission shall consist of five (5) members who are residents of Meriwether County and who shall be appointed for five (5) year terms, beginning on January 5 through January 5 of each year. No member shall hold any elective public office within Meriwether County. Any unexpired terms shall be filled by the appointment of the County Commissioners. Members are removable for cause by the County Commission. PROCEDURE: The Planning Commission shall elect a Chairperson and Vice Chairperson, (who shall be acting Chairperson in the absence of the Chairperson) on an annual basis. 16.2-2 The Chairperson (or in his absence the Vice-Chairperson) shall preside at all meetings and hearings of the Planning Commission and decide all points of order or procedure. The Chairperson shall appoint any committees that may be found necessary. The Chairperson shall be the deciding vote in any vote ending in a tie. 16.2-3 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 County Commission Chairperson. 16.2-4 Meetings of the Planning Commission will be held the 4th Monday of every month in County Commission chambers at 6:00 p.m. 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 meetings. 16.2-5 Three (3) members shall constitute a quorum for the conduct of all business. If only three members of the Planning Commission attend a meeting and the Chairperson is one of them, then the Chairperson becomes a voting member and can be part of the quorum. 16.2-6 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. 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. The order of business at the meeting shall be as follows: Roll Call Review and approval of minutes of previous meeting Report of committees (if any) Unfinished business Hearing of cases New business 16.2-7 Failure to attend three (3) consecutive meetings or any (4) meetings in a calendar year, shall be considered automatic resignation from the Planning Commission, and upon such resignation or other vacancies occurring in office, the Chairperson or the Zoning Administrator shall inform the County Commission of such occurrence as promptly as possible, so that the Commission may appoint a replacement to fill the unexpired term. 16.2-8 The Planning Commission of Meriwether County shall also have the authority to grant variances and interpret the tenets of the zoning ordinance. 16.2-9 AUTHORITY TO GRANT VARIANCES. The Planning Commission is authorized to receive, consider, grant, grant with conditions, or deny applications for variances to the dimensional requirements of this code, after a public hearing and after making written findings of fact that the conditions for variances specified herein have been fulfilled. In granting a variance, the Board may impose such requirements and conditions with respect to the location, construction, maintenance and operation of any use or building, in addition to those expressly set forth in this ordinance, as may be deemed necessary for the protection of adjacent properties and the public interest. Decisions of the Planning Commission may be appealed to the Board of Zoning Appeals. Any applicant aggrieved by a decision of the Board of Zoning Appeals may pursue appeals to the Courts of proper jurisdiction of the State of Georgia as provided by law. 16.2-9a. VARIANCE APPLICATIONS. A property owner or his authorized agent may initiate a request for variance by filing an application with the Zoning Administrator. The application shall be accompanied by a site plan, drawn to scale, showing the dimensions and arrangement of the proposed development. The Zoning Administrator may require other drawings or materials essential to an understanding of the proposed use and variance requested and its relationship to the surrounding properties. The variance application shall be considered complete when the Zoning Administrator accepts the application and fee. The application shall be submitted and accepted within the timeframe established by the Building and Zoning office and fee schedule as approved by the Meriwether County Commissioners. 16.2-9b. CONDITIONS AND CRITERIA FOR GRANTING A VARIANCE. The Planning Commission, in cases where specifically authorized, may grant a variance only after consideration and adoption of findings of fact that all of the following conditions exist and criteria are met. 16.2-9b(1) There are unusual, exceptional or extraordinary circumstances or conditions applying to the property that do not apply generally to other property in the same vicinity or use district, and such conditions are not the result of the owner's or occupant's own actions. Such conditions may include topography, unique natural conditions, surroundings of the subject property, or the size or peculiar shape of the lot. 16.2-9b(2) As a result of such unusual circumstance or conditions, there is an undue hardship or practical difficulty that renders it difficult to carry out the provisions of this Code. 16.2-9b(3) The authorization of such variance will not be materially detrimental to the public welfare or injurious to property in the vicinity or district in which property is located, and the variance will be in harmony with the general purposes and intent of the provisions of this Code. The variance approved is the minimum variance that will make possible the legal use of the land, building or structure. 16.2-9b(4) The variance does not permit a use of land, building or structure that is not permitted by right in the land use intensity district in which the variance is requested. 16.2-10 STAFF INVESTIGATION AND REPORT. The Zoning Administrator shall make an investigation of all variance applications and shall prepare a report, considering applicable criteria. The investigation shall be submitted to the Planning Commission. The investigation shall also be made available to the applicant prior to any public hearing scheduled on the matter. This provision shall not apply to appeals of administrative decisions of the Zoning Administrator. 16.2-11 ACTION ON VARIANCES AND APPEALS. The Planning Commission shall make findings and render a decision within 32 days after the initial public hearing on the proposed variance. 16.3 Initiation of Amendments: 16.3-1 Applications to amend this Ordinance may be in the form of proposals to amend the text, or proposals to amend the Official Zoning Map(s). An application to amend the text of the Zoning Ordinance may be initiated by the Zoning Administrator, the Planning Commission or the County Commission. An application to amend the Official Zoning Map(s) may be initiated by an individual property owner or his agent, the Zoning Administrator, the Planning Commission or the County Commission. Unless initiated by the County Commission or the Zoning Administrator, all applications to amend the Official Zoning Map(s) must be submitted by the owner or his agent and shall be accompanied by an appropriate fee as seen in the Building and Zoning office, set by the County Commission. An application for an amendment to the Zoning Map(s) 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 County Commission. The 12-month interval shall not apply to applications initiated by the County Commission or Zoning Administrator, except for amendments to the Zoning Map(s) which were defeated by the County Commission, 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. 16.4 Application for Amendments: 16.4-1 Each application to amend this Ordinance or the Official Zoning Map(s) shall be filed with the Zoning Administrator. The initiation of all text amendments must be submitted by written request to the Zoning Administrator. The Zoning Administrator and the Board of Commissioners must submit the request to the Planning Commission. An individual property owner shall submit a Zoning Map Amendment to the Zoning Administrator. Applications shall be submitted in compliance with the following: 16.4-2 Text amendment applications shall include the following: Submitted by Zoning Administrator or Board of Commissioners. Current provisions of text to be affected by amendment. Proposed wording of text change. Reason for amendment request. 16.4-2a Standards for Text Amendments. 16.4-2a(1) Is the proposed text amendment compatible with the purpose and intent of the Comprehensive Plan? 16.4-2a(2) Is the proposed text amendment consistent with the purpose and intent of the Zoning Ordinance? 16.4-2a(3) Will adoption of the amendment further the protection of the public health, safety or general welfare? 16.4-3 Map amendment applications shall include the following: 16.4-3.1 A legal description of the tract(s) to be rezoned, including the street address and subdivision, if any, or area in which the tract is located. 16.4-3.2 Seven copies of a plat, drawn to scale, showing north arrow, land lot and district; the dimensions, acreage and location of tract(s); floodplain and flood hazard areas; unusual topographical features; current zoning of subject tract and all adjacent properties; all existing structures. This plat shall be prepared by an architect, engineer, landscape architect, planner with an AICP certification or land surveyor whose seal shall be affixed to the plat. 16.4-3.3 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: 16.4-3.4 The name and official position of the local government official to whom the campaign contribution was made; and; 16.4-3.4a 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. 16.4-3.4b The disclosure required by this Section shall be filed at the time of application for the rezoning action. 16.4-3.5 The names and addresses of the owners of the land and their agents, if any; together with a written notarized authorization for the owner(s) agents, if any, to seek rezoning. 16.4-3.6 A letter of intent indicating specifically how the property is to be used. 16.4-3.7 The name and address of abutting property owners as indicated by Meriwether County Tax Records. 16.4-4 Submitted Application. Any communication relative to an application for a zoning change will be regarded as informational only until a proper and complete application is accepted by the Zoning Administrator. The Zoning Administrator shall review any transmittal purporting to be an application for completeness within five (5) workdays following the submission deadline. Incomplete or improper applications will be returned to the applicant. Applications shall be submitted in accordance with a schedule adopted annually by the Planning Commission which shall provide that each application shall be submitted at least 35 days prior to the date on which it is to be reviewed by the Planning Commission and in any event in sufficient time so as to permit advance advertising and notice of any public hearing(s) 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 Meriwether County to defray administrative costs. A fee shall not be charged for applications initiated by the County Commission or Zoning Administrator. 16.4-5 An application may be withdrawn by the applicant after the legal advertising as required
by this Section has first appeared. If applicant withdraws application after the legal
advertising has been published the applicant will not receive any refund of zoning
application. 16.5 Planning Study 16.5-1 The Zoning Administrator (or his/her designee) upon receiving an application to amend the Official Zoning Map(s), shall do the following: 16.5-1a With respect to an application to amend the Official Zoning Map(s), consider and evaluate each of the matters set forth in 16.8. 16.5-1b Consult with other departments of the County 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. 16.5-1c Conduct a site review of the property and surrounding area. 16.5-1d When required, submit a written record of her/his investigation and recommendations to the Planning Commission, said report shall be a matter of public record. 16.5-2 The Zoning Administrator 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 Ordinance will be served, and the health, public safety, and general welfare secured. 16.6 Planning Commission Action 16.6-1 The Planning Commission shall hold a meeting on each application in accordance with a schedule as stated in Section 16.2-4 or as needed. The Planning Commission shall with respect to each application consider each of the matters set forth in section 16.8. As to each application, the Planning Commission shall make a recommendation for approval, approval with conditions, denial, deferral, withdrawal without prejudice or no recommendation. 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 Ordinance will be served, health, public safety and general welfare secured. 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 County Commission and shall be public record. The failure of the Planning Commission to take any action as to a particular petition within thirty days of their review will be tantamount to an approval recommendation thereof. 16.7 Public Notification 16.7-1 Legal Notice: Due notice of the public hearing before the County Commission shall be published in the newspaper of general circulation for Meriwether County in which is carried the legal advertisements of the County by advertising the 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 public hearing conducted by the County Commission. If the application is for amendment to the Official Zoning Map(s) and the application is filed by someone other than the Zoning Administrator, County Commission or Planning Commission, 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. Signs Posted: As to an application to amend the Official Zoning Map(s), the Zoning Administrator (or a designee) shall post a sign at least fifteen (15) days and no more than forty-five (45) days in advance of the County Commission's hearings, in a conspicuous place on the property for which an application has been submitted, a sign or signs containing information as to the date, time, and place of the public hearing before the County Commission. 16.8 Standards for the Exercise of Zoning Power 16.8-1 In addition to the standards enumerated in other sections of this ordinance, the Planning Commission and County Commission shall consider the following matters in reference to any rezoning application: 16.8-1a The existing land uses and zoning classifications of nearby property; 16.8-1b The suitability of the subject property for the zoned purposes; 16.8-1c The extent that the property values of the subject property are diminished by the particular zoning restrictions; 16.8-1d The extent that the destruction of property values of the subject property promotes the health, safety, morals or general welfare of the public; 16.8-1e The relative gain to the public as compared to the hardship imposed upon the individual property owner; 16.8-1f Whether the subject property has a reasonable economic use as currently zoned; 16.8-1g The length of time the subject property has been vacant as zoned considered in the context of land development in the area in the vicinity of the property; 16.8-1h Whether the proposed zoning will be a use that is suitable in view of the use and development of adjacent and nearby property. 16.8-1i Whether the proposed zoning will adversely affect the existing use or usability of adjacent or nearby property; 16.8-1j 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 and 16.8-1k Whether the zoning proposal is in conformity with the policies and intent of the land use plan; 16.8-1l 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. 16.9 Conflict of Interest and Disclosure Rules 16.9-1 Any Meriwether County Commissioner who knows or reasonably should know that he or she: has any direct ownership in any real property to be affected by a rezoning action under consideration by Meriwether County Government; has a ten percent (10%) 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 Meriwether County Government; or has a spouse, parent, sibling or child with any interest as described in previous 1 and 2, shall disclose the nature and extent of such interest, in writing, to the Meriwether County Commission as soon as he or she knows of its existence. Such an Official, which shall include members of the County Commission, or Planning Commission also shall disqualify himself/herself from voting on the rezoning action and shall not take any other action on behalf of himself or herself 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 County Commission to obtain a quorum for the purpose of making a final decision when considering a rezoning action, the County Commission 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 Georgia state law governing campaign contribution disclosures, O.C.G.A. 36-67A-3 as amended. 16.9-2 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: 16.9-2a the name and official position of the local government official to whom the campaign contribution was made; and 16.9-2b the dollar amounts and description of each campaign contribution made by the opponent to the local government official during the two (2) years immediately preceding the filing of the application for the rezoning action and the date of each such contribution. The disclosure required by this section shall be filed at least five (5) calendar days prior to the public hearing by the local government or any of its agencies on the rezoning application. 16.10 Procedures for Public Hearing 16.10-1 The Chairperson of the Meriwether County Commission shall open the hearing with an explanation of the purpose of the hearing and a description of the general rules for the conducting of the hearing. The Chairperson or his delegate may describe the authority and role of the Commission in any zoning decision. The Chairperson or his delegate shall chair the hearing and shall determine the relevance of any proposed comment or presentation to the Commission in the hearing and is authorized to rule any individual or a portion of any presentation out of order if not relevant to the published purpose of the hearing. Any person addressing the Chairperson and Commission shall respond to questions of the Chairperson and Commission. Remarks shall be made to the Chairperson only and not to other members of the Commission or audience. Any unused portion of allotted time unused by either the applicant or opponent shall not invalidate any proceedings or action taken on the proposed amendment. The following rules of procedure govern the Public Hearing on rezoning or similar matters (special uses) before the Meriwether County Commission. These rules apply to all such public hearing items appearing on any agenda. 16.10-1a Procedures relating to application, notice, and advertisement of items on the public hearing agenda shall conform to the requirements of Georgia law and the Meriwether County Codes. 16.10-1b Exercise of the zoning power shall conform to the standards expressed in the Meriwether County Zoning Ordinance, as most recently amended, as well as with the Comprehensive Land Use Plan. 16.10-1c 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. 16.10-1d Individuals desiring to address the County Commission regarding an agenda item are required to contact the County Commission Chairperson. Applicants and/or proponents of an item on the public hearing agenda shall be heard first and shall have a minimum of ten minutes and no more than twenty minutes in which to present any information pertinent to the issue to be decided. Failure of the applicant or his/her representative to be present for the hearing shall result in automatic termination of any proceedings on the amendment and a negative recommendation on the proposed amendment by the Chairperson and Commission of Meriwether County. Opponents of the issue may respond and shall have a minimum of ten minutes and a maximum of twenty minutes in which to present any information pertinent to the issue to be decided. Applicants or opponents will each be given additional five minutes for rebuttal. Either the applicant or opponent, however, shall not discuss new issues during the rebuttal. 16.10-1e In the event there is more than one speaker per side, speakers must divide their time or designate a spokesperson in order to complete their full presentation within the time allotment. Each side shall have equal time overall. 16.10-1f The time allotments described above may be modified by a majority vote of the Commissioners present at said meeting based on the request of the applicant and/or opponent. 16.10-1g Any remark amounting to an attack on the character or personal integrity of another individual, comment not factually supportable, comment in the form of an emotional outburst, comment not directed at the Chairperson, shall be considered to be non relevant to the purpose of the hearing and shall be ruled out of order. 16.10-1h The Chairperson or his delegate shall enter into the record after the presentation of the applicant or his/her representative any written comment, petition, or similar written statement received by the Chairperson and Commission prior to the hearing and the same shall be considered by the Chairperson and Commission along with comments and other relevant information of the hearing in making any zoning decision concerning the proposed zoning amendment. At the public hearing, the County Commission shall review the reports prepared by the Zoning Administrator and Planning Commission. 16.10-1i When proponents and opponents of the proposed zoning amendment have been heard in accordance with the foregoing procedures, the Chairperson or his delegate shall declare the public hearing closed. No further public hearing on the proposed zoning amendment shall be required prior to the zoning decision. 16.10-1j Copies of these procedures shall be provided at each public hearing. 16.11 Action by County Commission. The County Commission shall not consider any application until a minimum of five (5) days has passed from the date of the public meeting before the Planning Commission that is set forth in 16.6-1 above. Furthermore, the County Commission shall consider the standards in 16.8 in evaluating each application. So that the purpose of this Ordinance will be served, health, public safety, and general welfare secured, the County Commission 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, or defer consideration of an application to acquire additional information. 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. Any amendment involving changes to the Official Map(s) must be made within five (5) business days after approval by the County Commission. 16.11-1 After the presentation of positions by members of the public at the public hearing, and at the regularly scheduled meeting of the County Commission, a recommendation will be made from the Meriwether County staff (Zoning Administrator, Planning Commission). 16.11-2 Following the staff recommendation, County Commission members may ask if anyone present have questions pertinent to the issue. 16.11-3 Following questions and/or comments by County Commission members, a motion for action on the issue will be in order. A majority of affirmative votes of a quorum is required to pass any motion before the County Commission. 16.11-4 So that the purpose of the Ordinance will be served, health, public safety and general welfare secured, the Commissioners are authorized the following action with respect to any motion pending before it consisting of one of the following: approval, approval with conditions, approval of a different zoning district than requested, denial, withdrawal, or deferral to a time and date specified in minutes of meeting. No official action shall be taken until there is a majority vote of the Meriwether County Commission. 16.12 Board of Zoning Appeals 16.12-1 Purpose. These regulations establish a Board of Appeals and provide a mechanism for relief in an individual case where the applicant requests relief from a decision by the Planning Commission on variances due to hardship or from actions of the Zoning Administrator in the administration or enforcement of this code. The grant of authority and powers delegated by the Meriwether County Commissioners is limited to the provisions set forth in this ordinance. Any appeals of the decision of the Board of Zoning Appeals shall be directed to the appropriate court of Meriwether County. 16.13 BOARD OF APPEALS. A Board of Appeals is hereby established. Said board shall consist of three voting members, who are residents and registered voters of the County, each of who shall serve for terms of three years beginning January 5, through January 5, of each year. None of the members of the Board of Appeals shall be a member of the County Commission or Planning Commission. The Board of Commissioners shall appoint the board members. Members are removable for cause by the County Commission. Failure to attend three (3) consecutive meetings or any (4) meetings in a calendar year, shall be considered automatic resignation from the Board of Appeals, and upon such resignation or other vacancies in office, the Chairperson or the Zoning Administrator shall inform the County Commission of such occurrence as promptly as possible, so that the Commission may appoint a replacement to fill the unexpired term. 16.14 MEETINGS. The Board of Appeals shall adopt rules of procedure as are necessary to carry out the purposes of its authority. Meetings shall be held only on an as-needed basis and shall be open to the public. The Board shall appoint a secretary, who shall be the Zoning Administrator unless otherwise designated, to record the minutes of its proceedings, showing the action of each board member upon each question. The Board shall keep records of its examinations and other official actions, all of which shall be filed with the Zoning Administrator and be public records. The Zoning Administrator shall serve as the advisor to the Board, except in cases of an appeal from a decision of the Building and Zoning Department. The Board may adjourn any public hearing or meeting in order to obtain additional information, or to serve further notice upon such other property owners as it decides may be interested in the application or appeal; provided however, that the Board shall act on all applications within 60 days of the date the initial meeting on the matter was held. 16.15 APPEALS OF ADMINISTRATIVE DECISIONS. Any person, who alleges there is an error in, or who is aggrieved by a decision of the Zoning Administrator in the administration, enforcement, and/or interpretation of this code, may file an appeal with the Building and Zoning Office within thirty (30) days of the decision stating the grounds for such appeal. Decisions on variance made by the Planning Commission may be appealed to the Board of Appeals. The Board of Appeals is hereby authorized to hear and decide said appeals, after proper application, public meeting and adoption of relevant findings of fact. An appeal from a ruling of the Zoning Administrator or an appeal from a variance decision by the Planning Commission shall stop all proceedings in furtherance of the action being appealed. The Board may affirm, overrule or modify, in whole or in part, the rulings of the Zoning Administrator or Planning Commission variance ruling. In cases where an appeal is granted, the Board shall have all necessary powers to direct the issuance of building permits and land use permits not otherwise inconsistent with this code and any other code, resolution, or ordinance adopted by the County Commission. 16.16 NOTICE AND HEARING. Upon the filing of a complete application for an appeal with the Zoning Administrator, a due process shall be scheduled and held on the proposed appeal. Notice of the hearing shall be given and the hearing shall be conducted as provided for in the previous section of this Code. 16.17 Building Permit Required 16.17.1 No building or other structure shall be located, erected, moved, added to, or structurally altered without a building permit issued by the Zoning Administrator. No building permit shall be issued except in conformity with the provisions of this Ordinance. 16.18 Application for Building Permit 16.18-1 All applications for building permits shall be accompanied by a set of plans, drawn to scale, a copy of the deed and plat 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 Ordinance. 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. 16.19 Certificate of Occupancy 16.19-1 A Certificate of Occupancy issued by the Zoning Administrator is required in advance of the use or occupancy of: 16.19-1a Any lot or a change in the use of the lot. 16.19-1b A building hereafter erected or altered or a change in the use of an existing building. 16.19-1c 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. 16.19-2 The Certificate of Occupancy shall state specifically wherein the nonconforming use fails to meet the provisions of this ordinance. 16.19-3 No Certificate of Occupancy shall be issued unless the lot or building or structure complies with all provisions of this Ordinance. 16.19-4 A record of all Certificates of Occupancy shall be kept on file in the office of the Zoning Administrator and a copy shall be furnished on request, to any person having a proprietary or tenancy interest in the building or land involved. 16.20 Conditional Zoning. 16.20-1 In order to maintain the health, safety, welfare, and morality of the citizens of Meriwether County the County Commissioners 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. 16.20-2 Conditions placed on property at the time of rezoning shall become a written part of the minutes of the County Commission meeting 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 Zoning Administrator. Conditions on the property travel with the property and stay in effect when property changes owners. 16.21 Appeal Process for Conditional Zoning. Appeals for relief of conditions placed on rezoned property may be heard by the Meriwether County Commission only when the reason for the placement of conditions has been altered 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. 16.22 Special Uses 16.22-1 The Planning Commission shall review and the Meriwether County Commission shall approve or deny special uses that are specifically authorized by this Ordinance. Public Hearings are required. (See hearing requirements) 16.22-2 CONDITIONS AND LIMITATIONS: The Planning Commission shall include any condition, requirement, or limitation that may be necessary to protect adjacent properties and carry out the provisions of this Ordinance in its review and the Meriwether County Commission may impose conditions, requirements or limitations it deems necessary. If at any time after a special use permit has been issued, the Zoning Administrator 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. 16.22-3 PROCEDURE: Application for a special use shall be filed with the Office of the Zoning Administrator, and the Planning Commission shall have thirty (30) days within which to consider each request and make written recommendations to the County Commission. A public hearing is required by the County Commission (see Public Hearing Requirements). Upon receiving recommendations from the Planning Commission or after the thirty day period has expired, the County Commission shall schedule the proposed special use to be voted on at the next regularly scheduled Commission meeting. Each application shall contain a simple sketch of the site, showing the following: The general location of all existing structures and property lines. Present zoning of adjacent property. The existing use of adjacent property. Location of proposed buildings and land use. A legal description of the property. Setbacks. Parking spaces if applicable. 16.22-4 Specifically, in order to grant approval of a special use, the County Commission must find the following standards have been met: 16.22-4a The available existing street system is adequate to efficiently and safely accommodate the traffic that will be generated by the proposed use or development. 16.22-4b The existing public utilities, facilities and services are adequate to accommodate the proposed use or development. 16.22-4c The use or development will not generate or cause conditions such as noise, light, glare, and an odor or similar objectionable features which would reduce the value, use or enjoyment of surrounding properties. 16.22-4d The use would not have a detrimental environmental impact on the surrounding area. 16.22-4e The use would not adversely affect the health, safety, morals, and general welfare of the community. 16.22-4f Each application for a special use shall be assessed a fee according to fee schedule posted in The Building and Zoning office set by the Meriwether County Commission to partially defray administrative and notification costs. 16.23 Penalties 16.23-1 Any person, firm, or corporation violating a provision of this Ordinance shall be guilty of a misdemeanor, and upon conviction, shall be punished for each violation, according to the laws of the State of Georgia. Each day such a violation continues shall be deemed a separate offense. 16.23-2 In the event any building is erected, constructed, reconstructed, altered, repaired, converted, or maintained, or any building, lot, or acreage is used in violation of this Ordinance, the County Commission, 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. 16.24 Compliance with Zoning Procedures Law This Article of the Meriwether County 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. |
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(Ord. of 4-12-06(2)) |