Full Text
2-1 I P a g e Article 2 Legal Status Provisions Table of Contents 2-1 Chapter 2.1 Short Title 2-2 Chapter 2.2 Jurisdiction 2-2 Chapter 2.3 Conflict with Other Laws 2-2 Chapter 2.4 Validity and Severability 2-2 Chapter 2.5 Repeal of Conflicting Ordinances 2-2 Chapter 2.6 Codification 2-2 Chapter 2.7 Administration and Interpretation 2-2 Chapter 2.8 Appeals 2-3 Section 2.8.1 Appeal from Director of Planning and Development 2-3 Section 2.8.2 Appeal from Board of Commissioners 2-3 Section 2.8.3 Stay of Proceedings – Maintain Status 2-3 Chapter 2.9 Building Permits 2-3 Section 2.9.1 Application for Permits 2-3 Chapter 2.10 Issuance of Certificate of Occupancy 2-4 Chapter 2.11 Developments of Regional Impact (DRI) 2-5 Chapter 2.12 Enforcement 2-5 Chapter 2.13 Refusal of Permits or Permissions 2-5 Chapter 2.14 Stop Work Order 2-6 Chapter 2.15 Remedies 2-6 Chapter 2.16 Complaints 2-6 Chapter 2.17 Penalties for Violation 2-6 Chapter 2.18 Non-applicability 2-7 ---PAGE BREAK--- 2-2 I P a g e Chapter 2.1 Short Title The Ordinance shall be known and may be cited as “The Zoning Ordinance for Morgan County, Georgia,” or “Morgan County, Georgia, Zoning Ordinance.” Chapter 2.2 Jurisdiction The Zoning Ordinance shall govern the use of all land and development within the unincorporated limits of Morgan County, Georgia, and within the limits of any inactive municipality in accordance with O.C.G.A. Section 36-70-5. Chapter 2.3 Conflict with Other Laws When the provisions of this Ordinance specify more restrictive standards than required by any other statute, the requirements of the Ordinance shall govern. Whenever the provisions of any other statute require more restrictive standards, the provisions of such statute shall govern. Chapter 2.4 Validity and Severability Should any section or part of a section or any provision of this Ordinance be declared by the courts to be unconstitutional or invalid, by any court of competent jurisdiction, such declaration shall not affect the validity of the Ordinance as a whole or any part thereof, other than the part so declared to be unconstitutional or invalid. Chapter 2.5 Repeal of Conflicting Ordinances All Ordinances and parts of Ordinances in conflict herewith are repealed to the extent necessary to give this Ordinance full force and effect, except that any Ordinances or Resolutions repealed by this provision shall not limit or impair the County’s authority to enforce such Ordinances or Resolutions to the extent that violations thereof occurred prior to appeal. Chapter 2.6 Codification It is the intention of the Board of Commissioners and it is hereby ordained that the provisions of this Ordinance shall become and be made a part of the Official Code of Morgan County, Georgia, and the sections of this Ordinance be renumbered and reorganized to accomplish such intention. Chapter 2.7 Administration and Interpretation It shall be the duty of the duly appointed Director of Planning and Development to administer and interpret this Ordinance. To this end, the Director of Planning and Development is authorized to prepare administrative procedures, guidelines, application forms, to tend to other administrative details not inconsistent with the provisions of this Ordinance, and to implement the provisions of this Ordinance. The Director of Planning and Development may delegate administrative functions, powers and duties assigned by this Ordinance to other staff as may be appropriate, without the need to reflect such delegation by formal action. ---PAGE BREAK--- 2-3 I P a g e Chapter 2.8 Appeals Section 2.8.1 Appeal from Director of Planning and Development Any person or persons jointly or severally aggrieved by any decision of the Morgan County Director of Planning and Development shall have the right of appeal to the Morgan County Board of Commissioners if such appeal is in writing and filed with the Clerk or the Deputy Clerk of the Morgan County Board of Commissioners within thirty (30) days of the rendering of the decision. A decision is deemed “rendered” on the date that the Director of Planning and Development either hand delivers or mails a copy of his/her decision to the applicant, whichever occurs first. A decision is deemed mailed on the date of the postmark on the envelope containing the decision. An appeal is deemed filed with the Board of Commissioners when it is physically received by the Clerk or Deputy Clerk of the Board. Neither faxed nor emailed appeals are accepted. Appeals postmarked within thirty (30) days of the rendering of the decision but not physically received by the Clerk or Deputy Clerk within thirty (30) days are untimely (too late to be accepted). Appeals left at the Board of Commissioners’ office after business hours are not accepted. Section 2.8.2 Appeal from the Board of Commissioners Any person or persons jointly or severally aggrieved by any decision of the Morgan County Board of Commissioners regarding any zoning matter shall have the right of appeal to the Superior Court of Morgan County if said appeal is filed within thirty (30) days of the rendering of the decision by the Morgan County Board of Commissioners. An appeal from a decision of the Board of Commissioners under this subsection is the exclusive remedy for anyone aggrieved by a decision of the Board. Section 2.8.3 Stay of Proceedings – Maintain Status Quo An appeal to Superior Court stays all proceedings in furtherance of the action appealed, unless the Director of Planning and Development certifies that a stay would, in his opinion, cause imminent peril to life and property. No one, other than Federal, State or local officials, shall be entitled to undertake any activity contrary to a decision of the Board of Commissioners, during the pendency of an appeal. Chapter 2.9 Building Permits It shall be unlawful for any building to be located, erected, moved, or added to, or structurally altered without obtaining a Building Permit issued by the Director of Planning and Development. No Building Permit shall be issued except in conformance with the provisions of this Ordinance. Section 2.9.1 Application for Permits Except as otherwise stated in this Ordinance, all applications shall be accompanied by three copies of a dimensional plan; one copy must be 11” x 17” or larger, and two must be 11” x 17” or smaller. All copies must be signed by the owner, or his authorized agent, and include at a minimum, the following: • Dimensions with property line monuments located thereon; • Shape, size, height, and location of the buildings proposed to be erected, demolished, altered or moved, and of any buildings already on the lot; • Yard dimensions and use of structures, including the number of dwelling units within each structure where appropriate; • Easements (private and public); ---PAGE BREAK--- 2-4 I P a g e • Water courses; • Fences; • Street names and street right-of-way lines; • Any other information regarding abutting property as directly affects the application as determined by the Director of Planning and Development. Each permit shall be conspicuously posted and displayed on the premises described in the permit during the period of construction or reconstruction. If the proposed excavation, filling, construction, or movement set forth in said plan are in conformity with all provisions of this Ordinance and other applicable regulations, laws and ordinances, the Director of Planning and Development shall sign and return one copy of the plans to the applicant and shall issue a Building Permit. The Director of Planning and Development shall retain one copy of the Building Permit and one copy of the plan for his records. If the plan submitted describes work that does not conform to all of the requirements of this Ordinance and said laws, regulations and ordinances, the Director of Planning and Development shall not issue a Building Permit and shall so inform the applicant. All Building Permits shall expire twelve (12) months after the date they are issued. Unless final completion or occupancy approval has been received at that time, the permit must be extended. Application for extensions shall be made in writing to the Director of Planning and Development. The application should include, as a minimum, statements of fact demonstrating that the applicant(s) are still invested and moving forward with the project and any other information that is pertinent to the extension. A fee as set by the Morgan County Board of Commissioners shall accompany all applications. Extensions shall be valid for one year and the applicant/owner may obtain two extensions without being subject to additional review. If a third extension is needed, the permit shall be subject to additional code review. The owner/applicant should apply for an extension no later than thirty (30) days prior to the permit expiration date. Chapter 2.10 Issuance of Certificate of Occupancy The Director of Planning and Development shall sign and issue a Certificate of Occupancy if the proposed use of land or buildings, as stated on the application for such certificate and signed thereto by the owner or his appointed agent, is found to conform to all the applicable provisions of this Ordinance and all other applicable regulations, laws and ordinances, and if the building, as finally constructed, complies with the plan submitted for the Building Permit and all applicable laws, regulations and ordinances. This Ordinance and all inspections conducted and permits issued there under are hereby declared to be remedial, and shall be construed to secure the beneficial interests and purposes thereof, which are public safety, health and general welfare, through structural strength, stability, sanitation, adequate light and ventilation, and safety to life and property from fire and other hazards attributed to the built environment including alteration, repair, removal, demolition, use and occupancy of buildings, structures or premises, and by regulating the installation and maintenance of all electrical, gas, mechanical and plumbing systems, which may be referred to as service systems. ---PAGE BREAK--- 2-5 I P a g e Quality control of materials and workmanship is not within the purview of this Ordinance, except as it relates to the purposes stated herein. The inspection or permitting of any building, system or plan, under the requirements of this Ordinance, shall not be construed in any court as a warranty of the physical condition of such building, system or plan, or their adequacy. Neither the Morgan County Board of Commissioners nor any County official nor County employee thereof shall be liable for damages for any defect or hazardous or illegal condition or inadequacy in such building, system or plan, nor for any failure of any component of such, which may occur subsequent to such inspection or permitting. Chapter 2.11 Developments of Regional Impact The Georgia Planning Act of 1989 authorized the Department of Community Affairs to establish procedures for regional review of development projects that are of sufficient size that they are likely to create impacts beyond the jurisdiction in which the project will be located. The DRI review process involves the host local government, the reviewing Regional Commission (RC), and other potentially affected local governments, RC’s and agencies. Thresholds are used to determine whether a proposed development is a DRI (see Table 2.1). These thresholds may be modified periodically by the RC; it is the responsibility of the applicant to ensure their project complies with the most current regulations. Because positive and negative impacts of DRI’s are not necessarily confined to the host local government’s jurisdictional boundaries, impacts on other jurisdictions need to be assessed. If a development application submitted to the Director of Planning and Development is found to meet the DRI threshold criteria, the processing of the application will be halted until the DRI review process has been completed and a finding has been made by the RC. Additional application fees may be assessed for completion or review of forms and application required by the RC in conjunction with the DRI review process. Chapter 2.12 Enforcement It shall be the duty of the Director of Planning and Development to enforce this Ordinance and to bring to the attention of the County Attorney any violations or lack of compliance therewith. The Director of Planning and Development may delegate enforcement functions, powers, and duties assigned by this Ordinance to other staff as may be appropriate, without the need to reflect such delegation by formal action. Chapter 2.13 Refusal of Permits or Permissions The Director of Planning and Development is hereby authorized and directed to deny, withhold, and revoke permits or permissions on any new project or application pursuant to this Ordinance or other ordinances of the County where the applicant, applicant’s business, or agent has failed or refused to comply with this Ordinance. ---PAGE BREAK--- 2-6 I P a g e Chapter 2.14 Stop Work Order The Director of Planning and Development is hereby authorized to issue written “stop work” and “cease and desist” orders for any activity that fails to comply with the provisions of this Ordinance. Such “stop work” or “cease and desist” orders may be lifted at such time as the Director of Planning and Development is satisfied that a good faith effort is being made to comply with applicable provisions of this Ordinance. Nothing shall prevent the Director of Planning and Development from reissuing “stop work” and “cease and desist” orders where warranted. Chapter 2.15 Remedies In the event any building is erected, constructed, altered, repaired, converted or maintained, or any building or land is used in violation of this Ordinance, the Director of Planning and Development is authorized and required to institute injunction, mandamus, warrant for arrest, or other appropriate action or proceeding or abate the violation in the case of each building or land use. Any person who would be damaged by such violation may also institute action to prevent or abate the violation. Chapter 2.16 Complaints Whenever a violation of this Ordinance occurs or is alleged to have occurred, any person may file a written complaint. Such complaint shall state clearly and fully the causes and bases of the complaint and shall be filed with the Director of Planning and Development. The Director of Planning and Development shall record properly such complaint, investigate and take action as may be appropriate to enforce this Ordinance. Chapter 2.17 Penalties for Violation Any person violating any provision of the Zoning Ordinance of Morgan County, Georgia, shall be guilty of a misdemeanor and, upon conviction shall be punished by imprisonment of not more than 6 months or by a fine of not more than $500.00, or both, for the first offense, and by imprisonment of not more than one year or by a fine of not more than $1,000.00, or both, for each subsequent offense. Each day such a violation continues shall be considered as a separate offense. Any violation of any provision of this Ordinance or failure to comply with any of its requirements shall be grounds for immediate suspension or revocation of any and all permits. The Director of Planning and Development, and anyone to whom the authority to enforce this Ordinance is delegated, may cite violators of this Ordinance by any of the following methods: hand delivery of a citation to the violator; leaving a copy of a citation or other written notification of a violation in a conspicuous place at the property where the violation occurred; leaving a copy of a citation or other written notification of a violation in a conspicuous place at the last known residence of the violator; or by any means authorized under O.C.G.A. Section 9-10-12. All such cases may be tried in the Morgan County Magistrate Court. ---PAGE BREAK--- 2-7 I P a g e Chapter 2.18 Non-applicability No portion of this Zoning Ordinance shall apply to any land owned by the Morgan County Board of Commissioners. Table 2.1: Developments of Regional Impact Development Thresholds Type of Development Threshold for Non-Metropolitan Regions Office Greater than 125,000 gross square feet Commercial Greater than 175,000 gross square feet Wholesale & Distribution Greater than 175,000 gross square feet Hospitals and Health Care Facilities Greater than 200 new beds; or generating more than 250 peak hour vehicle trips per day Housing Greater than 125 new lots or units Industrial Greater than 175,000 gross square feet; or employing more than 500 workers; or covering more than 125 acres Hotels Greater than 250 rooms Mixed Use Total gross square feet greater than 125,000; or covering more than 40 acres Airports Any new airport with a paved runway; or runway additions of more than 25% of existing runway length (10) Attractions & Recreational Facilities Greater than 1,500 parking spaces or a seating capacity of more than 6,000 (11) Post-Secondary School New school with a capacity of more than 750 students, or expansion by at least 25 percent of capacity (12) Waste Handling Facilities New facility or expansion of use of an existing facility by 50 percent or more; and located within one-half mile of a jurisdictional boundary (13) Quarries, Asphalt & Cement Plants New facility or expansion of existing facility by more than 50 percent; and located within one-half mile of a jurisdictional boundary (14) Wastewater Treatment Facilities New facility or expansion of existing facility by more than 50 percent; and located within one-half mile of a jurisdictional boundary (15) Petroleum Storage Facilities Storage greater than 50,000 barrels if within 1,000 feet of any water supply; otherwise, storage capacity greater than 200,000 barrels; and located within one-half mile of a jurisdictional boundary (16) Water Supply Intakes/Reservoirs New Facilities (17) Intermodal Terminals New Facilities (18) Truck Stops A new facility with more than three diesel fuel pumps; or containing a half-acre of truck parking or 10 truck parking spaces. (19) Any other development types not identified above (includes parking facilities) 1000 parking spaces