ADMINISTRATION, ENFORCEMENT, AND PENALTIES
An administrative official designated as the Zoning Administrator by the Board of Commissioners, Cook County, Georgia, shall administer and enforce the provisions of this ordinance.
A building/development permit, issued by the Zoning Administrator, is required in advance of the initiation of construction, erection, moving, demolition, or alteration of any building or structure or sign. No building or sign permit shall be issued except in conformity with the provisions of this ordinance; however, a building permit issued before the adoption of this ordinance shall remain valid with the same qualifications as issued under this ordinance.
A building permit is required before the installation of a manufactured home in the unincorporated portion of Cook County. Pre-owned manufactured homes relocated into or within Cook County shall comply with the provisions of section 9-10 et seq. Of this ordinance.
All applications for building/development permits, shall be accompanied by two (2) site plans drawn to scale showing the actual dimensions of the lot to be built upon, the size and location of the lot, the number of dwelling units the building is designed to accommodate, the setback lines of the building on the "permit lot", the various easements on the lot and such other information as may be essential for determining whether the provisions of this ordinance are being observed. Applications shall also include construction documents (building plans) along with any other documentation required by the Building/ Zoning Administrator. The following is required on the site plan before the site plan is considered by the Zoning Administrator and any permits are approved (single family residential, duplexes and agricultural buildings, and their accessory uses are excluded from the following items except number 3 below):
1.
Topography (MSL) existing and proposed.
2.
Drainage plans.
3.
Location and size of ingress/egress.
4.
Water mains and services, both existing and proposed.
5.
Water services as well as fire hydrants in the lot and the specific meter size and location.
Any building/development permit shall become void if the work involved has not begun within six (6) months after the date of issuance of the permit or if the work or development authorized by such permit is suspended or abandoned for a period of six (6) months after the work or development is commenced; provided that extensions of time and periods not exceeding six (6) months each may be allowed in writing by the Zoning Administrator. Any unapproved deviation from the site plan shall cause the Zoning Administrator to not issue a Certificate of Occupancy.
Toilet facilities shall be provided for construction workers, and such facilities shall be maintained in a sanitary condition, that conforms to ANSI Z43.
The applicant for a building permit shall submit a certificate with his application which certifies that the lot which he proposes to develop is a lot of record. When the lot in question does not meet the lot width and lot area requirements of this ordinance, then the applicant shall certify that such lot was a lot of record prior to the adoption of this ordinance or is a lot which has been created through governmental taking of property. In such case, the applicant shall file a copy of the recorded deed showing the date that the property was transferred and the deed recorded, or, in the case of condemnation, the easement or order of taking and survey showing the date and scope of the taking.
All applications for a building/development permit shall be closely coordinated with Cook County's Soil and Sedimentation and Erosion Control Ordinance.
12-3.1
Coordination with Development of Regional Impact Requirements. The Georgia Department of Community Affairs, pursuant to the Georgia Planning Act, has established criteria for the identification of certain large scale developments which have the potential to cause land use impacts beyond the boundaries of the respective local government where a project might be proposed. These developments, known as Developments of Regional Impact (DRIs), shall be submitted, based on established DCA standards, procedures, and format, to the South Georgia Regional Development Center (SGRDC) for review and recommendation prior to issuance of any local building or development permit or utility tap (does not apply to any activity reviewed under any earlier rezoning proposal). As such, these requirements establish an official delay in the local permitting process to allow for compliance with these requirements.
12-3.2
Coordination with Water Resource District Requirements. As identified in Section 10, Water Resource Districts, Cook County contains three identified water resources: Groundwater Recharge Areas, River Corridor Protection Areas, and Potential Wetlands Areas. The Groundwater Recharge Areas and Protected River Corridor segments are available as digital overlays, and the potential generalized wetlands areas are available as manual overlays. Prior to issuance of any local building/development permits, these data bases shall be checked, and if any are found applicable to the subject project or property, all requirements of Section 10, Water Resource District, shall be enforced as part of the permitting process.
12-3.3
Coordination with Flood Plain Management Requirements. Areas of potential flood hazards, as identified by the current Federal Emergency Management Agency Flood Hazard Study for Cook County are available as a digital overlay to Cook County's parcel data. The Cook County Zoning Administrator shall review all applications for building/development permits which proposes to develop properties which have been duly identified as having a flood hazard potential. These building/development permit applications shall be closely coordinated with Health Department staff and the County Engineer to insure compliance with all standards contained in the County's Flood Hazard Mitigation Ordinance. All submitted technical data, as well as any elevation certificates or flood proofing certificates shall be maintained as part of the building/development application and inspections files.
In case any building or structure is erected, constructed, reconstructed, demolished, altered, repaired, moved, converted or maintained, or land is used in violation of this ordinance, the offender shall, upon conviction in Magistrate's Court, be punished in accordance with O.C.G.A. § 15-10-60, as it may be amended from time to time, for each offense. Each day of continued violation shall be considered a separate offense.
The Magistrate's Court of Cook County shall have jurisdiction over violators of this ordinance and all procedures for enforcement of such ordinance shall be as provided in Article 4, Chapter 10 of Title 15, Official Code of Georgia. Complaints of violations of any provision of this ordinance shall be brought before the Magistrate's Court by the Zoning Administrator or his designated representative and shall be prosecuted through that court.
In case any building or structure is or is proposed to be erected, constructed, reconstructed, altered, converted, or maintained, or any building, structure, or land is or is proposed to be used in violation of these regulations, the Zoning Administrator, County Attorney, or other appropriate county authority or any adjacent or neighboring property owner or occupant who would be damaged by such violation may, in addition to other remedies, institute injunction, mandamus, or other appropriate action or proceedings to prevent such unlawful erection, construction, reconstruction, alteration, conversion, maintenance, or use; or to correct or abate such violation, or to prevent the occupancy of said building, structure, or land.
When a violation of this resolution occurs, or is alleged to have occurred, any person may file a written complaint. Such complaint shall state fully the causes and basis thereof and shall be filed with the Zoning Administrator. He shall record properly such complaint, investigate within thirty (30) days and take action thereon as provided in these regulations.
A demolition, building, or sign permit shall be stopped by the Zoning Administrator when the method of demolition, construction, or use violates any provision contained in these regulations, or any state or local ordinance or resolution. Upon such work stoppage, any further work upon the demolition, construction, alteration, or repair on said building or structure, and any further use of said building or structure or land, shall be deemed a violation. Each and every day such unlawful demolition, construction, alteration, or repair on said building or structure, or further use of said building or structure or land continues shall be deemed a separate offense.
Certificate of Occupancy shall be issued by the Zoning Administrator in accordance with the following provisions:
12-9.1
Certificate of Occupancy Required: A Certificate of Occupancy issued by the Zoning Administrator is required in advance of occupancy or use of:
a.
A building hereafter erected.
b.
A building hereafter altered so as to affect height, the side, front, or rear yard.
c.
Any building or premises where a change in the type of use will occur.
12-9.2
Issuance of Certificate of Occupancy: Upon payment of all required fees, the Zoning Administrator shall sign and issue a Certificate of Occupancy if the proposed use of land or building is found to conform to the applicable provisions of this ordinance, and if the building, as finally constructed, substantially complies with the sketch or plan submitted and approved for the building permit. One (1) copy of all Certificates of Occupancy issued which contain a statement of the intended use of the applicable property and other pertinent information, signed by the owner or his agent shall be kept on file in the office of the Zoning Administrator.
12-9.3
Denial of Certificate of Occupancy: A Certificate of Occupancy shall not be issued unless the proposed use of a building or land conforms to the applicable provisions of this ordinance, and substantially complies with the sketches or plans submitted for obtaining the building permit.
When a permit is denied, the Zoning Administrator shall provide in writing, upon request of the applicant for a permit, his reasons for denying the permit within ten (10) days after said request.
Any permit or license issued in conflict with the provisions of this resolution shall be null and void.
Appeals from the decisions of the Zoning Administrator with regard to interpretation, administration, and enforcement shall be made to the Board of County Commissioners in accordance with the provisions of Section 13.
ADMINISTRATION, ENFORCEMENT, AND PENALTIES
An administrative official designated as the Zoning Administrator by the Board of Commissioners, Cook County, Georgia, shall administer and enforce the provisions of this ordinance.
A building/development permit, issued by the Zoning Administrator, is required in advance of the initiation of construction, erection, moving, demolition, or alteration of any building or structure or sign. No building or sign permit shall be issued except in conformity with the provisions of this ordinance; however, a building permit issued before the adoption of this ordinance shall remain valid with the same qualifications as issued under this ordinance.
A building permit is required before the installation of a manufactured home in the unincorporated portion of Cook County. Pre-owned manufactured homes relocated into or within Cook County shall comply with the provisions of section 9-10 et seq. Of this ordinance.
All applications for building/development permits, shall be accompanied by two (2) site plans drawn to scale showing the actual dimensions of the lot to be built upon, the size and location of the lot, the number of dwelling units the building is designed to accommodate, the setback lines of the building on the "permit lot", the various easements on the lot and such other information as may be essential for determining whether the provisions of this ordinance are being observed. Applications shall also include construction documents (building plans) along with any other documentation required by the Building/ Zoning Administrator. The following is required on the site plan before the site plan is considered by the Zoning Administrator and any permits are approved (single family residential, duplexes and agricultural buildings, and their accessory uses are excluded from the following items except number 3 below):
1.
Topography (MSL) existing and proposed.
2.
Drainage plans.
3.
Location and size of ingress/egress.
4.
Water mains and services, both existing and proposed.
5.
Water services as well as fire hydrants in the lot and the specific meter size and location.
Any building/development permit shall become void if the work involved has not begun within six (6) months after the date of issuance of the permit or if the work or development authorized by such permit is suspended or abandoned for a period of six (6) months after the work or development is commenced; provided that extensions of time and periods not exceeding six (6) months each may be allowed in writing by the Zoning Administrator. Any unapproved deviation from the site plan shall cause the Zoning Administrator to not issue a Certificate of Occupancy.
Toilet facilities shall be provided for construction workers, and such facilities shall be maintained in a sanitary condition, that conforms to ANSI Z43.
The applicant for a building permit shall submit a certificate with his application which certifies that the lot which he proposes to develop is a lot of record. When the lot in question does not meet the lot width and lot area requirements of this ordinance, then the applicant shall certify that such lot was a lot of record prior to the adoption of this ordinance or is a lot which has been created through governmental taking of property. In such case, the applicant shall file a copy of the recorded deed showing the date that the property was transferred and the deed recorded, or, in the case of condemnation, the easement or order of taking and survey showing the date and scope of the taking.
All applications for a building/development permit shall be closely coordinated with Cook County's Soil and Sedimentation and Erosion Control Ordinance.
12-3.1
Coordination with Development of Regional Impact Requirements. The Georgia Department of Community Affairs, pursuant to the Georgia Planning Act, has established criteria for the identification of certain large scale developments which have the potential to cause land use impacts beyond the boundaries of the respective local government where a project might be proposed. These developments, known as Developments of Regional Impact (DRIs), shall be submitted, based on established DCA standards, procedures, and format, to the South Georgia Regional Development Center (SGRDC) for review and recommendation prior to issuance of any local building or development permit or utility tap (does not apply to any activity reviewed under any earlier rezoning proposal). As such, these requirements establish an official delay in the local permitting process to allow for compliance with these requirements.
12-3.2
Coordination with Water Resource District Requirements. As identified in Section 10, Water Resource Districts, Cook County contains three identified water resources: Groundwater Recharge Areas, River Corridor Protection Areas, and Potential Wetlands Areas. The Groundwater Recharge Areas and Protected River Corridor segments are available as digital overlays, and the potential generalized wetlands areas are available as manual overlays. Prior to issuance of any local building/development permits, these data bases shall be checked, and if any are found applicable to the subject project or property, all requirements of Section 10, Water Resource District, shall be enforced as part of the permitting process.
12-3.3
Coordination with Flood Plain Management Requirements. Areas of potential flood hazards, as identified by the current Federal Emergency Management Agency Flood Hazard Study for Cook County are available as a digital overlay to Cook County's parcel data. The Cook County Zoning Administrator shall review all applications for building/development permits which proposes to develop properties which have been duly identified as having a flood hazard potential. These building/development permit applications shall be closely coordinated with Health Department staff and the County Engineer to insure compliance with all standards contained in the County's Flood Hazard Mitigation Ordinance. All submitted technical data, as well as any elevation certificates or flood proofing certificates shall be maintained as part of the building/development application and inspections files.
In case any building or structure is erected, constructed, reconstructed, demolished, altered, repaired, moved, converted or maintained, or land is used in violation of this ordinance, the offender shall, upon conviction in Magistrate's Court, be punished in accordance with O.C.G.A. § 15-10-60, as it may be amended from time to time, for each offense. Each day of continued violation shall be considered a separate offense.
The Magistrate's Court of Cook County shall have jurisdiction over violators of this ordinance and all procedures for enforcement of such ordinance shall be as provided in Article 4, Chapter 10 of Title 15, Official Code of Georgia. Complaints of violations of any provision of this ordinance shall be brought before the Magistrate's Court by the Zoning Administrator or his designated representative and shall be prosecuted through that court.
In case any building or structure is or is proposed to be erected, constructed, reconstructed, altered, converted, or maintained, or any building, structure, or land is or is proposed to be used in violation of these regulations, the Zoning Administrator, County Attorney, or other appropriate county authority or any adjacent or neighboring property owner or occupant who would be damaged by such violation may, in addition to other remedies, institute injunction, mandamus, or other appropriate action or proceedings to prevent such unlawful erection, construction, reconstruction, alteration, conversion, maintenance, or use; or to correct or abate such violation, or to prevent the occupancy of said building, structure, or land.
When a violation of this resolution occurs, or is alleged to have occurred, any person may file a written complaint. Such complaint shall state fully the causes and basis thereof and shall be filed with the Zoning Administrator. He shall record properly such complaint, investigate within thirty (30) days and take action thereon as provided in these regulations.
A demolition, building, or sign permit shall be stopped by the Zoning Administrator when the method of demolition, construction, or use violates any provision contained in these regulations, or any state or local ordinance or resolution. Upon such work stoppage, any further work upon the demolition, construction, alteration, or repair on said building or structure, and any further use of said building or structure or land, shall be deemed a violation. Each and every day such unlawful demolition, construction, alteration, or repair on said building or structure, or further use of said building or structure or land continues shall be deemed a separate offense.
Certificate of Occupancy shall be issued by the Zoning Administrator in accordance with the following provisions:
12-9.1
Certificate of Occupancy Required: A Certificate of Occupancy issued by the Zoning Administrator is required in advance of occupancy or use of:
a.
A building hereafter erected.
b.
A building hereafter altered so as to affect height, the side, front, or rear yard.
c.
Any building or premises where a change in the type of use will occur.
12-9.2
Issuance of Certificate of Occupancy: Upon payment of all required fees, the Zoning Administrator shall sign and issue a Certificate of Occupancy if the proposed use of land or building is found to conform to the applicable provisions of this ordinance, and if the building, as finally constructed, substantially complies with the sketch or plan submitted and approved for the building permit. One (1) copy of all Certificates of Occupancy issued which contain a statement of the intended use of the applicable property and other pertinent information, signed by the owner or his agent shall be kept on file in the office of the Zoning Administrator.
12-9.3
Denial of Certificate of Occupancy: A Certificate of Occupancy shall not be issued unless the proposed use of a building or land conforms to the applicable provisions of this ordinance, and substantially complies with the sketches or plans submitted for obtaining the building permit.
When a permit is denied, the Zoning Administrator shall provide in writing, upon request of the applicant for a permit, his reasons for denying the permit within ten (10) days after said request.
Any permit or license issued in conflict with the provisions of this resolution shall be null and void.
Appeals from the decisions of the Zoning Administrator with regard to interpretation, administration, and enforcement shall be made to the Board of County Commissioners in accordance with the provisions of Section 13.