§ 91. Building permits.

Building permits shall be issued in accordance with the following provisions:

91.1.

Building Permit Required. It shall be unlawful to commence the excavation or filling of any lot for any construction of any building or to commence the moving or alteration of any building or to commence the development of land for a use not requiring a building until the Building Official has issued a building permit for such work.

91.2.

Issuance of Building Permit. In applying to the Building Official for a building permit, the applicant shall submit two (2) copies of a dimensioned sketch or scale plan signed by the owner or his authorized agent, indicating the shape, size, and location of the lot to be built upon, the shape, size, heights, use and location of the buildings to be erected, demolished, altered or moved and of any buildings already on the lot, the number of dwelling units the building is designed to accommodate, if any, the setback lines of buildings on adjoining lots and such other information concerning the lot or adjoining lots as may be essential for determining whether the provisions of this Ordinance are [to] be observed.

If the proposed excavation, filling, construction or movement as set forth in said sketch or plan is in conformity with the provisions of this Ordinance and other Ordinances of the City of Pearson, Georgia, then in force, the Building Official shall sign and return one copy of the sketch or plan to the applicant and issue a building permit upon payment of any required fees. The Building Official shall retain one (1) copy of the building permit and one (1) copy of the sketch or plan.

91.3.

Refusal of Building Permit. If the sketch or plan submitted describes work which does not conform to the requirements of this ordinance, the Building Official shall not issue a building permit, but he shall return one (1) copy of the sketch or plan to the applicant along with the signed refusal in writing. Such refusal shall state the reasons therefor and shall cite the portions of this Ordinance with the submitted sketch or plan does not comply. The Building Official shall retain one (1) copy of the sketch or plan and two (2) copies of the refusal.

(f)

Public Hearings on Appeals. The Board shall fix a reasonable time for the hearing of appeals or other matters referred to it, and give at least fifteen (15) days public notice thereof, as well as due notice to the parties in interest, and decide the same within a reasonable time. Upon a hearing, any party may appear in person, or by agent, or by attorney.

(g)

Stay of Proceedings. An appeal stays all legal proceedings in furtherance of the action appealed from, unless the Building Official certifies to the Board after the notice of appeal shall have been filed with him that, by reason of facts stated in the certificate, a stay would , in his opinion, cause imminent peril of life and property. In such case, proceedings shall not be stayed otherwise than by a restraining order which may be granted by the Board or by a court of competent jurisdiction on notice to the official from whom the appeal is taken and on due cause shown.

(h)

Explanation of Decisions. On all appeals, applications or other matters, the Board shall inform, in writing, all parties involved of its decision and the reasons thereof.

(i)

Duties of Building Official, Board of Zoning Appeals, City Commission and Courts, on Matters of Appeals. It is the intent of this Ordinance, that all questions arising in connection with the enforcement or the interpretation of this Ordinance, (except as otherwise expressly provided in this Ordinance) shall be first presented to the Building Official; and that such questions shall be presented to the Board of Zoning Appeals only on appeals from the Building Official, and that from the decisions of the Board of Zoning Appeals, recourse shall be taken to the Courts as provided by law.

91.4.

Fees. The following fees shall be paid with application by check made out to the City of Pearson in the following amounts:

(a)

Administrative review: $30.00

(b)

Special Exceptions: $50.00

(c)

Variances: $50.00