This chapter shall be known and may be cited as the "Unified Development Ordinance of Bryan County, Georgia" ("UDO").

(Ord. No. 06-2020, § 3, 12-8-2020)

The purposes of this UDO are to:

(a)

Promote and protect the health, safety, prosperity, and welfare of the citizens of Bryan County ("county");

(b)

Achieve the goals and objectives of the county's comprehensive plan through effective zoning and subdivision regulation;

(c)

Maintain the county's appearance;

(d)

Conserve and protect the natural, scenic, environmental and historic resources of the county;

(e)

Provide adequate light, water, and air;

(f)

Avoid both undue concentration of population and urban sprawl;

(g)

Facilitate the adequate provision of transportation, water, sewerage, schools, parks and other public requirements;

(h)

Protect property against blight and depreciation;

(i)

Encourage the most appropriate use of land and structures throughout the county;

(j)

Support the fiscal health of the county;

(k)

Maintain the economic viability of the forestry and agricultural resources of the county;

(l)

Promote site and building designs and development that foster safe, healthy, and sustainable neighborhoods;

(m)

Ensure that residential and commercial lots within the county will be of such design, area, and width as will prevent health and sanitation problems;

(n)

Prevent and reduce traffic congestion and traffic hazards within the county;

(o)

Provide buffers to ensure compatibility between uses, protect property values, and maintain the rural character and scenic beauty of the county;

(p)

Ensure that drainage systems for development within the county are constructed to avoid adverse impacts on the natural drainage systems for surrounding properties;

(q)

Reduce maintenance problems with roads, drainage and other subdivision and non-residential development improvements within the county;

(r)

Ensure the timely completion of improvements within subdivisions in the county;

(s)

Ensure that the taxpayers of the county are not burdened with costs of completing subdivision improvements or correcting improperly constructed subdivision improvements, by having sufficient financial guarantees;

(t)

Prevent development in areas of the county unsuitable for residential or commercial uses because of soils, wetlands, special flood hazard areas, or drainage characteristics;

(u)

Ensure that all newly created lots within the county will be accessible to firefighting equipment and other emergency and service vehicles;

(v)

Promote private investment in sustainable residential, mixed-use and non-residential development; and

(w)

Foster a mix of housing types that provide housing options for county residents.

(Ord. No. 06-2020, § 3, 12-8-2020)

This UDO is adopted pursuant to the authority granted by the Constitution and statutes of the State of Georgia in accordance with applicable laws, statutes, ordinances and regulations of the State of Georgia to exercise authorized powers for zoning and subdivision regulations.

(Ord. No. 06-2020, § 3, 12-8-2020)

This UDO shall apply to all land and structures within the unincorporated areas of the county. For properties being proposed for annexation into a municipality, the county shall retain jurisdiction until such time all applicable provisions of O.C.G.A § 36-36-1 et seq. are satisfied.

(Ord. No. 06-2020, § 3, 12-8-2020)

The provisions of this UDO are organized into the following articles and appendices:

(a)

Article I: Code Administration establishes general provisions for the application, interpretation and administration of the UDO.

(b)

Article II: General Development Procedures establishes the general procedures for development applications, notice, reviews, actions and appeals.

(c)

Article III: Development Procedures Requiring Public Hearings establishes the specific procedures for development applications, reviews, and actions for applications associated with approvals requiring public hearings.

(d)

Article IV: Development Procedures Requiring Administrative Review establishes the specific procedures for development applications, reviews, and actions for applications that are approved by county staff.

(e)

Article V: Zoning Districts and Uses establishes the zoning districts, the zoning map and district specific rules for the use of land within a district.

(f)

Article VI: Site Development Standards establishes the rules for the design and improvement of lots and development sites, including standards for building location, building dimensions, lot and block design, parking and loading, landscaping, tree preservation, buffering, open space, recreational facilities, and signs.

(g)

Article VII: Supplemental Conditions for Specific Uses establishes standards for specific uses that are supplemental to use standards established in article V or VI for specific zoning districts.

(h)

Article VIII: Development Patterns and Design establishes site and building design standards and guidelines for a variety of development patterns.

(i)

Article IX: Environmental Management references the county's floodplain management provisions that are included in chapter 105 of the County Code of Ordinances, references provisions of chapter 111 of the County Ordinances for stormwater management, and establishes additional standards for stormwater management, erosion control, and grading.

(j)

Article X: Roads and Pedestrian Ways establishes standards for the design and improvement of roads, sidewalks, trails and other facilities.

(k)

Article XI: Utilities establishes standards for water and sewer system improvements, in addition to requirements for electric, telecommunications and other utilities within county.

(l)

Article XII: Non-Conforming Situations establishes rules for the continuation, modification, expansion, and termination of lots, uses and structures that do not conform to UDO standards.

(m)

Article XIII: Interpretation and Definitions establishes specific rules for interpretation of language and definitions for terms used within the UDO.

(n)

Appendices: Attached to and made part of this UDO are appendices listing amendments to the UDO text and zoning map, engineering design standards and development application requirements.

(Ord. No. 06-2020, § 3, 12-8-2020)

The regulations expressed in this document shall be considered as the minimum provisions for the protection of the health, safety, economy, good order, appearance, convenience and welfare of the general public. This UDO is intended to be administered with the flexibility to respond to unique circumstances of individual properties in ways that best achieve its purposes.

(a)

This UDO establishes many, but not all, of the standards and procedures for development. Other portions of the County Code shall apply to development, whether specifically referenced or not, including, but not limited to, flood hazard regulations, building codes, fire codes, utility, road and drainage design and engineering design standards.

(b)

The issuance of any development approval pursuant to this UDO shall not relieve the recipient from the responsibility to comply with all other County, State or federal laws, ordinances, rules or regulations.

(c)

References to other regulations or provisions of the UDO are for the convenience of the reader. The lack of a cross-reference does not exempt a property, building, structure, or use from other regulations.

(d)

The UDO contains numerous graphics, pictures, illustrations, and drawings to assist the reader in understanding and applying the UDO. However, to the extent that there is any inconsistency between the text of the UDO and any such graphic, picture, illustration, or drawing, the text controls unless otherwise provided in the specific section.

(e)

Unless otherwise specified, when any requirement of this UDO results in a fraction, such as to the number of dwelling units or any other measurement, that fraction will be disregarded and the nearest lower number shall apply.

(f)

Additional rules for interpreting language and the provisions are included in article XIII of this UDO.

(Ord. No. 06-2020, § 3, 12-8-2020)

(a)

Generally. This UDO applies as follows:

(1)

Use and occupancy. The UDO applies to the development, use, occupancy or sale of land or buildings as provided herein. For purposes of this section, the "use" or "occupancy" of a building or land relates to anything and everything that is done to, on or in a building or land.

(2)

Building permits required. No building permits shall be issued until the community development director certifies that the proposed construction complies with this UDO.

(3)

Certificate of occupancy. No lot, or structure or part thereof hereafter erected, moved or altered in its use, shall be occupied or used until the building official has, pursuant to the Code of Bryan County, Georgia ("County Code"), issued a certificate of occupancy. Such occupancy or use must also conform with the provisions of this UDO.

(4)

Agricultural exemption. Agricultural land uses in the county are exempt from the UDO's land use regulations when the property is used for bona fide farm purposes and those uses are an integral part of the agricultural use. If bona fide agricultural uses occupy a portion of the property, then the agricultural uses on that portion of the property are exempt from the land use regulations. If the primary use is for non-agricultural purposes, then the property is not exempt. If the property is subdivided so that all or portions of the property are no longer a bona fide farm, then such portions are not exempt. For purposes of this section, a bona fide farm use shall be established by the following evidence:

a.

A farm sales tax exemption issued by the State Department of Revenue;

b.

A copy of the property tax listing showing that the property is eligible for an agricultural property tax exemption;

c.

A copy of the farm owner's or operator's Schedule F from the owner's or operator's most recent federal income tax return;

d.

A forest management plan, if applicable; or

e.

A Farm Identification Number issued by the United States Department of Agriculture Farm Service Agency.

(5)

State and federal law. This UDO does not apply to activities that are exempted by State or Federal law.

(b)

Limits on development and use of land. Except as herein specifically provided, no building shall be erected, converted, enlarged, reconstructed, moved or structurally altered, nor shall any building or land be used, except subject to the following limitations:

(1)

No use may be established unless the use is permitted in the zoning district in which the use is located, pursuant to article V of this UDO.

(2)

No more than one principal building may be located on one lot in a RR or R-15 district, unless otherwise authorized.

(3)

No camper, shipping container, storage container, bus, tractor trailer, or other structure not specifically designed as a permanent residence may be used as a principal or accessory residential structure in an A, RR, or R district.

(4)

No structure or land shall be occupied or used without first obtaining a certificate of occupancy or zoning verification.

(5)

All uses shall comply with all applicable building, life safety, fire and health codes adopted by the county and all applicable regulations adopted by the county, state or federal governments.

(6)

No development of property, e.g., clearing, grading, construction of infrastructure, shall be allowed until the necessary local, State, and federal permits and/or approvals are obtained.

(c)

Subdivision of land. No land shall be subdivided, and no subdivision plat shall be filed for recording, recorded or modified except in conformance with this UDO. After the effective date of the UDO, unless a subdivision is approved in accordance with the provisions of this UDO:

(1)

The county shall not accept the dedication of any subdivision improvements within such subdivision;

(2)

The county shall not issue any building permits within such subdivision; and

(3)

The clerk shall not record any plat of such subdivision or any plat of a lot within such subdivision.

(d)

Transfer of land; permits. No parcel of land in a subdivision created after the adoption date of this UDO shall be transferred or sold; nor shall a building permit or certificate of occupancy be issued for any use or structure thereon, until a plat has been recorded with the clerk of court - real estate office in accordance with the provisions of this UDO.

(e)

Pending actions. The adoption of this UDO will not affect any action, suit, or proceeding which may be pending at the effective date of this UDO.

(f)

Government property. Property owned by Bryan County, the State of Georgia or the United States of America and used or held for governmental purposes, is not subject to this UDO.

(g)

Minimum requirements. The requirements of this UDO are the minimum requirements for the promotion of the public health, safety and general welfare. The board of commissioners may impose additional requirements to ensure that proposed development will:

(1)

Express and reflect the unique sense of place and the desirable qualities of county through innovative and sustainable design and architectural standards for development;

(2)

Promote the use of the best available technology at a reasonable cost, using local, state and federal grants, loans, tax credits and deductions, for installation of energy and resource conservation measures, including green and sustainable building and neighborhood requirements for all public and private buildings, structures and land uses;

(3)

Ensure that building projects are planned, designed, constructed, and managed to minimize adverse environmental impacts; to effectively manage stormwater; to conserve natural resources; to promote sustainable development; and to enhance the quality of life in the county;

(4)

Reflect the transportation network of the region and provide within each development a framework of transportation alternatives and inter-connectivity, including automobiles, pedestrian, and bicycle systems to maximize access and mobility throughout the region; and

(5)

Place high regard for the protection of individual property rights in appropriate balance with the community's need to implement the goals, objectives, policies and strategies of the comprehensive plan.

(Ord. No. 06-2020, § 3, 12-8-2020)

Development under prior regulations shall be allowed, provided a valid development approval has not expired. All new applications shall comply with the provisions of this UDO. Legal non-conforming situations may continue in conformance with article XII of this UDO.

(a)

Uses. Uses that were legally established under prior regulations may continue to operate subject to provisions for non-conforming uses in this UDO. Any use authorized by a conditional use permit approved prior to adoption of this UDO may be established if that use is established within six months of the adoption of this UDO or the community development director has determined that a vested right has been established pursuant to article IV, division 2.

(b)

Structures. Existing structures established under prior regulations may continue to be used subject to applicable provisions for non-conforming structures in this UDO. Any structure authorized by a building permit or site plan approval prior to the adoption of this UDO may be constructed provided that a certificate of occupancy has been granted not more than 12 months after the adoption of this UDO or the community development director has determined that a vested right has been established pursuant to article IV, division 2.

(c)

Site plans. Development pursuant to a site plan approved under prior regulations shall be allowed, provided that the community development director has determined that a vested right has been established pursuant to article IV, division 2.

(d)

Subdivisions. Any subdivision that has received preliminary plat approval prior to adoption of this UDO may receive final plat approval under the regulations in effect at the time of the preliminary plat approval provided that said preliminary plat approval has not expired prior to submittal of the final plat and that the final plat is submitted within 18 months of adoption of this UDO. Pending subdivisions that do not meet the above criteria may be processed under existing regulations pursuant to the following conditions:

(1)

A pending subdivision is a proposed subdivision that:

a.

Is a continuation of the development of a contiguous tract by the applicant. As used herein, the term "continuation of the development of a contiguous tract" means that, prior to the effective date of this UDO, the applicant recorded a subdivision plat or plats that were approved by the planning and zoning (P&Z) commission, or the board of commissioners, that are contiguous to the proposed subdivision, and share the same access roads as constructed in connection with the previously developed subdivision or subdivisions;

b.

Prior to the effective date of this UDO, was either owned by the applicant or subject to a written option to purchase in favor of the applicant; and

c.

Prior to the effective date of this UDO, the applicant had taken specific actions exhibiting the applicant's intent to complete the proposed subdivision as a continuation of a prior development. Evidence of such intent may include, but is not limited to, the inclusion of the proposed subdivision on a plat, development plan, or master plan of a development; the obtaining for the proposed subdivision of an on-site soils survey or jurisdictional wetlands delineation; or the inclusion of the proposed subdivision in a master drainage plan of a development or a traffic impact analysis or traffic design analysis.

(2)

A subdivision designated as a pending subdivision under this section may be exempted from the provisions of this UDO relating to:

a.

Open space and recreational facilities, where open space and recreational facilities have been provided for a development under the subdivision regulations in effect prior to the effective date of this UDO ("prior regulations");

b.

Pedestrian ways, provided that pedestrian ways in the pending subdivision are a continuation of pedestrian ways provided in a development under the prior regulations;

c.

Drainage system, provided that the drainage system in the pending subdivision is a continuation of the drainage system provided for in a development under the prior regulations; or

d.

The design specifications (e.g., road, water, sewer, or drainage system improvement construction requirements) of subdivision improvements for a limited area in the pending subdivision, provided such area is used to provide a safe, orderly and aesthetically acceptable transition between the design of subdivision improvements constructed under the prior regulations and the design of subdivision improvements in the pending subdivision.

(3)

Termination of designation as pending subdivision. The designation of a subdivision as a pending subdivision shall terminate unless a sketch plat of the pending subdivision is approved by the board of commissioners within 18 months of adoption of this UDO. Upon such termination, the pending subdivision shall no longer be exempt from any of the provisions of this UDO.

(e)

Conditions of prior approvals. Any conditions attached to a prior development approval or provisional or conditional rezoning shall remain in effect unless modified by action of the applicable approval body.

(Ord. No. 06-2020, § 3, 12-8-2020)

(a)

Conflicts with other regulations. Where a regulation contained within the UDO imposes higher or more stringent standards than those required under another statute, ordinance or regulation, the regulation adopted under the UDO controls. If the other statute, ordinance, or regulation imposes higher or more stringent standards, that statute, ordinance, or regulation controls.

(b)

Consistency with comprehensive plan required. The board of commissioners intends this UDO to implement the county's comprehensive plan and all other area or corridor plans. Any amendments to the UDO or local development approvals, including zoning map amendments shall be consistent with the comprehensive plan in effect at the time of the amendment or local development approval.

(c)

Issuance of policies, rules and regulations for public improvements. The county may promulgate reasonable policies, rules, and regulations regarding the design and installation of improvements required pursuant to this UDO.

(d)

Minimum standard may exceed state standards. Any rule and regulation established shall meet the minimum county and State standards, but nothing in this section shall prevent the county from requiring compliance with higher or more stringent requirements than the State regulations.

(e)

Relationship to private agreements. This UDO is not intended to abrogate, annul, or otherwise interfere with any easement, covenant or other private agreement or legal relationship; provided, however, that where the regulations of this UDO are more restrictive or impose higher standards or requirements than such easement, covenant or other private agreement, the regulations of this UDO shall govern.

(f)

Relationship to other codes. The procedures and standards of the UDO are intended to facilitate and ensure compliance with other technical standards adopted by the County, including, but not limited to building codes, fire codes, and property maintenance codes.

(Ord. No. 06-2020, § 3, 12-8-2020)

This section provides a list of responsibilities assigned to each entity/staff position in carrying out the provisions of this UDO. These duties and responsibilities are specific to this UDO and are not applicable to other sections of the county Code.

(a)

Board of commissioners.

(1)

Responsibilities. The county board of commissioners shall decide on applications for:

a.

Comprehensive plan text and map amendments;

b.

UDO text and map amendments;

c.

Preliminary development plans for planned developments;

d.

Conditional use permits;

e.

Sketch plats for major subdivisions;

f.

Development agreements;

g.

Acceptance of improvements and right-of-way;

h.

Abandonment of right-of-way;

i.

Other actions assigned by this UDO; and

j.

Any actions required pursuant to State law to be approved by the board of commissioners.

(2)

Membership and other rules. See chapter 2 of the Bryan County Code.

(b)

Planning and zoning commission ("P&Z Commission").

(1)

Responsibilities.

a.

The P&Z commission shall make the final decisions on applications for appeals to staff decisions on modifications to the design standards authorized in article VIII.

b.

The P&Z commission shall recommend action on applications for:

1.

Comprehensive plan text and map amendments;

2.

UDO text and map amendments;

3.

Preliminary development plans for planned developments;

4.

Conditional use permits; and

5.

Sketch plats for major subdivisions.

c.

Conduct other actions assigned by this UDO or requested by the board of commissioners.

(2)

Membership. The P&Z commission shall consist of seven members who shall be residents of the county, appointed by the board of commissioners.

(3)

Terms of office. The terms of the members shall be for four years. Any vacancy in membership shall be filled for the unexpired term by the board of commissioners.

(4)

Compensation. The board of commissioners may authorize a monthly stipend to offset members' expenses for attending meetings and performing their duties.

(5)

Attendance. P&Z commission members are required to attend regularly scheduled meetings. A member is allowed to miss two meetings a quarter, not to exceed four meetings in a calendar year, without providing evidence of just cause. If the P&Z commission member has not provided evidence of just cause for failing to meet the attendance requirements, the board of commissioners may remove the member.

(6)

Removal. P&Z commission members are subject to the ethics code of Bryan County, chapter 2, article III, division 2. In addition to the disciplinary action identified in the ethics code, the board of commissioners may remove a P&Z commission member upon a finding that the member violated the ethics code.

(7)

Officers; meetings; quorum; minutes; procedures, generally.

a.

The P&Z commission shall elect the chairman and vice-chairman from its members. The term of the chairman and vice-chairman shall be one year, with eligibility for re-election. The P&Z commission shall appoint a secretary, who may be an officer or employee of the county. The Commission shall make its own rules of procedure and determine its time of meetings. All meetings of the P&Z commission at which official action is taken shall be open to the public and all records of the P&Z commission shall be public records.

b.

Four commissioners shall be considered a quorum.

c.

The P&Z commission shall keep minutes of its proceedings, showing the vote of each member upon each question, or if absent or failing to vote, indicating such fact, and shall keep records of its official actions, all of which shall be immediately filed in the office of the community development department and shall be a public record.

d.

The P&Z commission may request assistance with services as it may deem necessary for its work. Upon determining the request is reasonable and related to the duties and responsibilities of the P&Z commission, the board of commissioners may contract with the State planning agency and planners and other consultants for such services as the P&Z commission may require.

(8)

Decisions. Unless otherwise provided by this UDO, P&Z commission recommendations or decisions for approval shall require an affirmative vote of the majority of the quorum.

(9)

Records. The community development director shall be responsible for maintaining records of all actions by the P&Z commission.

(10)

Assistance by board of commissioners. The board of commissioners shall provide for such administrative and clerical assistance and office space as is required by the P&Z to carry out its functions under this UDO.

(c)

Board of adjustment.

(1)

Responsibilities. The board of adjustment shall hear and decide upon:

a.

Appeals in accordance with article III, division 6 of this UDO, where it is alleged that there is error in any requirement, decision or determination made by the community development director for any decision for which the director has final decision authority.

b.

Applications for variances in accordance with article III, division 5 of this UDO.

(2)

Membership. The board of adjustment shall consist of five members residing within the county and appointed by the board of commissioners. In the absence of a formally appointed board of adjustment, the P&Z commission shall serve as the board of adjustment.

(3)

Attendance. Board of adjustment members are required to attend regularly scheduled meetings. A member is allowed to miss two meetings a quarter, but not more than four in one calendar year, without providing evidence of just cause. If the board of adjustment member has not provided evidence of just cause for failing to meet the attendance requirements, the board of commissioners may remove the member.

(4)

Removal. Board of adjustment members are subject to the ethics code of Bryan County, chapter 2, article III, division 2. In addition to the disciplinary action identified in the ethics code, the board of commissioners may remove a board of adjustment member upon a finding that the member violated the ethics code.

(5)

Terms of office. The term of office for each member shall be four years; however, so that no terms shall expire upon the same date, the terms of the original members shall be as follows: two appointees shall serve for four years, two appointees shall serve for three years, and one appointee shall serve for two years. Thereafter, each appointee shall be appointed to serve for four years. Members may be re-appointed to successive terms.

(6)

Compensation. The board of commissioners may authorize a monthly stipend to offset members' expenses for attending meetings and performing their duties.

(7)

Officers; meetings; quorum; minutes; procedures, generally.

a.

The board of adjustment shall elect one of its members as chairman and one of its members as vice-chairman, who shall serve for one year or until reelected or a successor is elected. The board of adjustment shall appoint a secretary who may be a member or an employee of the county. The board of adjustment shall have authority to adopt rules of procedure. Meetings of the board of adjustment shall be held once per month within the county, with the place, time and date of the meeting specified per the meeting calendar adopted annually by the board of adjustment. Meetings shall not be required if there are no agenda items in a given month.

b.

The board of adjustment shall keep minutes of its proceedings, showing the vote of each member upon each question, or if absent or failing to vote, indicating such fact, and shall keep records of its official actions, all of which shall be immediately filed in the office of the community development department and shall be a public record. The full text of the resolution shall be sent to the applicant/appellant. If, because of absence or abstention, there is a tie vote on a resolution, the effect shall be an affirmation of the decision appealed from or the denial of the requested variance.

(8)

Decisions. Board of adjustment decisions shall require an affirmative vote of the majority of a quorum of the commission. Three voting board members shall be considered a quorum. For appeals of administrative decisions, 80 percent of the members voting must affirmatively vote to overturn the administrative decision. Failure to meet the 80 percent threshold shall result in an affirmation of the administrative decision.

(9)

Records. The community development director shall be responsible for maintaining records of all actions by the board of adjustment.

(10)

Assistance by board of commissioners. The board of commissioners shall provide for such administrative and clerical assistance and office space as is required by the board of adjustment to carry out its functions under this UDO.

(d)

Building and construction board of appeals.

(1)

Responsibilities.

a.

The building and construction board of appeals shall function as the construction board of adjustment as provided in section 103-103 of the county Code.

b.

The building and construction board of appeals shall hear and decide upon appeals in accordance with the procedures of article III, division 6 of this UDO, where it is alleged that there is error in any requirement, decision or determination made by:

1.

The building official for any decision under this UDO or chapter 103 of the county Code for which the building official has final decision authority; or

2.

The engineering director for any decision under this UDO or the Engineering Design Manual for which the engineering director has final decision authority.

c.

The building and construction board of appeals shall also serve as the flood prevention review board and shall hear and decide requests for appeals or variances brought pursuant to chapter 105 "Flood Damage Prevention" of the county ordinances.

d.

The building and construction board of appeals shall also serve as the board of appeals, for administrative appeals/relief pursuant to chapter 111 "Soil Erosion and Sedimentation Control" of the county Code.

(2)

Membership. The building and construction board of appeals shall consist of five members residing or operating a business within Bryan County and appointed by the board of commissioners. The board membership shall consist of one civil engineer, three members representing the following trades: electrical, plumbing, mechanical, and one member who is a general contractor. A person with expertise in structural engineering or architecture may be appointed in lieu of a general contractor. If the board of commissioners does not or is unable to appoint members to this board, the board of commissioners shall serve as the building and construction board of appeals.

(3)

Removal. Building and construction board of appeals members are subject to the ethics Code of Bryan County, chapter 2, article III, division 2. In addition to the disciplinary action identified in the ethics code, the board of commissioners may remove a member of the building and construction board of appeals upon a finding that the member violated the ethics code.

(4)

Term of office. The term of office for each member shall be three years; however, so that no terms shall expire upon the same date, the terms of the original members shall be as follows: two appointees shall serve for two years, two appointees shall serve for three years, and one appointee shall serve for one year. Thereafter, each appointee shall be appointed to serve for three years. Members may be re-appointed to successive terms.

(5)

Compensation. The board of commissioners may authorize a stipend to offset members' expenses for attending meetings and performing their duties.

(6)

Officers; meetings; minutes; procedures, generally.

a.

The building and construction board of appeals shall elect one of its members as chairman and one member as vice-chairman, who shall serve for one year or until reelected or a successor is elected. The board shall appoint a secretary who may be a member or an employee of the county. The board shall have authority to adopt rules of procedure. Meetings of the board shall be held not more than 45 days after submittal of an appeal or variance application. Meetings shall be held in the location (north or south end of the county) where the majority of the properties subject to appeal or variance applications are located.

b.

The building and construction board of appeals shall keep minutes of its proceedings, showing the vote of each member upon each question, or if absent or failing to vote, indicating such fact, and shall keep records of its official actions, all of which shall be immediately filed in the office of the community development department and shall be a public record. The decision of the board shall be by resolution adopted by a majority of members, which resolution shall contain a statement of the grounds of its decision or action. The full text of the resolution shall be sent to the appellant or applicant. If, because of absence or abstention, there is a tie vote on a resolution, the effect shall be an affirmation of the decision appealed from or the denial of the requested variance.

(7)

Decisions. Unless otherwise provided by this UDO, board decisions shall require an affirmative vote of the majority of a quorum of the commission. Three board members shall be considered a quorum.

(8)

Records. The community development director shall be responsible for maintaining records of all actions by the board.

(9)

Assistance by board of commissioners. The board of commissioners shall provide for such administrative and clerical assistance and office space as is required by the building and construction board of appeals to carry out its functions under this UDO.

(e)

County administrator responsibilities. The county administrator shall be responsible for recommending action on development agreements to the board of commissioners and any other duties identified in this UDO or assigned by the board of commissioners, in addition to appointing the community development director, engineering director, and building official, or the individuals responsible for those roles as established in this UDO.

(f)

Community development director. The community development director shall be responsible for interpreting the provisions of this UDO in addition to:

(1)

Supporting the efforts of the board of commissioners and other boards, commissions, and county departments in the enforcement of this UDO;

(2)

Coordinating meetings of the development review committee;

(3)

Reviewing and recommending action to the planning and zoning commission on comprehensive plan text and map amendments, UDO text and map amendments, conceptual and preliminary development plans for planned developments, conditional use permits, and sketch plats;

(4)

Forwarding recommendations of the P&Z commission to the board of commissioners;

(5)

Acting on applications for final development plans for planned developments;

(6)

Acting on applications for final plats;

(7)

Acting on applications for zoning verification letters, site plans, minor subdivisions, temporary use permits, special events permits, administrative relief, and home occupation permits;

(8)

Forwarding information and providing analysis of applications for variances and appeals to the board of adjustment;

(9)

Preparing forms and administering the development application review and approval processes;

(10)

Maintaining records of actions on development applications taken by the community development director pursuant to this UDO;

(11)

Maintaining a copy of this UDO and the zoning map;

(12)

Establishing such rules of procedure as are necessary and proper for the administration of this UDO;

(13)

Rendering interpretations of the provisions of this UDO and the zoning district boundaries indicated on the zoning map;

(14)

Conducting planning studies and performing other tasks requested by the P&Z commission, board of commissioners or county administrator; and

(15)

Performing any and all other tasks required to implement this UDO.

(g)

Engineering director. The engineering director shall be responsible for:

(1)

Providing requested support to the community development director and development review committee;

(2)

Interpreting the UDO regarding requirements for public improvements;

(3)

Preparing and updating the Engineering Design Manual and Construction Details;

(4)

Reviewing and acting on applications for construction plan approval;

(5)

Inspecting public improvements required by this UDO;

(6)

Reviewing and recommending action to the board of commissioners on abandonments of rights-of-way and easement;

(7)

Reviewing and recommending actions pursuant to traffic impact analyses;

(8)

Recommending action on acceptance of public improvements and rights-of-way to the board of commissioners;

(9)

Acting on requests for administrative relief as authorized by the UDO;

(10)

Acting on land disturbance permits and right-of-way encroachment permits;

(11)

Reviewing and providing recommendations to the building and construction board of appeals for appeal and variance applications;

(12)

Maintaining records of actions for which the engineering director has responsibility pursuant to this UDO;

(13)

Performing other tasks as requested by the board of commissioners or county administrator; and

(14)

Performing any and all other tasks required to implement this UDO.

(h)

Building official. The building official shall be responsible for:

(1)

Providing requested support to the community development director and development review committee;

(2)

Acting on applications for building permits, certificates of use and occupancy and sign permits;

(3)

Maintaining records of actions on development applications taken by the building official pursuant to this UDO; and

(4)

Reviewing and providing recommendations to the building and construction board of appeals for appeal and variance applications; and

(5)

Performing other tasks as requested by the board of commissioners or county administrator or as required to implement this UDO.

(i)

Development review committee.

(1)

Purpose. The development review committee (DRC) is intended to secure comments, coordinate responses, and resolve conflicts from input provided by various County departments and other agencies having responsibility for reviewing or providing services to proposed development.

(2)

Membership. The community development director shall serve as the chair and coordinator for all DRC meetings. Other participants, who shall participate as needed in the review of specific applications shall include the engineering director, fire chief, public health director, and public works director. At the discretion of the community development director, representatives from other County public service agencies may be asked to comment on development or participate in DRC meetings.

(3)

Responsibilities. The DRC shall be responsible for reviewing applications as requested by the community development director; evaluating compliance with the requirements of UDO and other technical requirements; recommending site and building design modifications to ensure greater compliance with adopted standards; and identifying public improvement implications for the following types of actions pursuant to the procedures in this UDO:

a.

Comprehensive plan map and text amendments;

b.

Zoning map amendments;

c.

UDO text amendments;

d.

Planned development applications;

e.

Conditional use permit applications;

f.

Site plan applications;

g.

Variance applications;

h.

Subdivision applications;

i.

Temporary use and special events permits as requested by the community development director; and

j.

Other development approvals pursuant to this UDO as requested by the community development director.

(Ord. No. 06-2020, § 3, 12-8-2020)

(a)

Complaints regarding violations. Whenever a violation of this UDO occurs, or is alleged to have occurred, a complaint stating fully the causes and basis thereof may be submitted by any person or county agency with the community development director. The community development director shall record such complaint, investigate, and take such action thereon as provided by this UDO.

(b)

Penalties for violation.

(1)

Any person violating any provision of this UDO shall, upon conviction, be deemed guilty of a misdemeanor and shall be subject to such penalties as are provided by law for other misdemeanors.

(2)

Any person or entity that violates any provision of this UDO or fails to comply with the requirements thereof shall, upon conviction, be fined not more than $1,000.00 or imprisoned in the county jail for not more than six months, or both, and in addition pay the costs of such action. Each day such a violation continues shall be considered a separate offense. The owner or tenant of the premises or part thereof, and any architect, builder, attorney, contractor, agent or other person who commits, participates in, assists in, or maintains any such violation may each be found guilty of a separate offense and suffer the penalties herein provided.

(3)

If any structure is or is proposed to be erected, constructed, reconstructed, altered, converted or maintained in violation of this UDO, the board of commissioners, community development director, engineering director or the county administrator may institute an action in the magistrate court of county for a temporary or permanent injunction, mandamus or other appropriate action as provided for under State or federal law to:

a.

Prevent such unlawful erection, placement, construction, reconstruction, alteration, conversion, maintenance, or use;

b.

Correct or abate such violation; and

c.

Prevent the occupancy or use of such structure or lot.

(Ord. No. 06-2020, § 3, 12-8-2020)

If any section, subsection, sentence, clause, phrase or portion of this UDO is declared invalid or unconstitutional by any court of competent jurisdiction, or if the provisions of any part of this UDO as applied to any particular situation or set of circumstances shall be declared invalid or unconstitutional, such invalidity shall not be construed to affect portions of this UDO not so held to be invalid. It is hereby declared that this UDO would have been adopted had such invalid portion not been included herein.

(Ord. No. 06-2020, § 3, 12-8-2020)