The purpose of this article is to establish procedures for filing and processing applications for development approval. The format is designed to allow users to determine the steps involved to obtain development approval.

(Ord. No. 06-2020, § 3, 12-8-2020)

No development is permitted unless all applicable approvals are issued in accordance with this UDO. Development approvals are required for all development, unless otherwise exempted, to ensure compliance with adopted codes, standards, and laws, and to ensure consistency with the comprehensive plan. This article describes procedural elements common to all applications. The specific procedures followed in reviewing various applications for development approval differ. Subsequent articles address the specific procedures and requirements for particular applications. Generally, the procedures for all applications have five common elements:

(a)

Submittal of a complete application, including required fee payments and appropriate information and studies;

(b)

Review of the submittal by appropriate staff, agencies, and boards;

(c)

A decision to approve, approve with conditions, or deny, together with the description of the actions authorized and the time period for exercising rights;

(d)

Options to amend or appeal the decision; and

(e)

Documenting the decision.

(Ord. No. 06-2020, § 3, 12-8-2020)

Except as specifically exempted by State law, the use of property may not be substantially changed, substantial clearing, grading or excavation may not be commenced, land may not be subdivided, and buildings or other substantial structures may not be constructed, erected, moved, occupied or substantially altered except in accordance with and pursuant to this UDO. Required development approval types, responsibilities for action and references to applicable UDO sections are listed in Exhibit 202. An "(H)" indicates that a public hearing is required prior to action by the applicable hearing body.

(Ord. No. 06-2020, § 3, 12-8-2020)

(a)

County staff, the P&Z commission, board of adjustment, building and construction board of appeals, and the board of commissioners may impose conditions as are reasonably necessary to assure compliance with applicable general or specific standards identified in this UDO after review of the application and other pertinent documents and any evidence made part of the public record.

(b)

Any conditions recommended by the community development director, development review committee, or P&Z commission may be modified subsequently by the board of commissioners.

Exhibit 202: UDO Procedures and Responsibilities

(Ord. No. 06-2020, § 3, 12-8-2020)

(a)

Fees. No application shall be reviewed or considered complete in accordance with section 114-213, except for building permit applications, unless the applicant has paid the applicable fee adopted by the board of commissioners or the board of commissioners has waived the fee.

(b)

Professional service fees.

(1)

When the engineering director or community development director requires a third-party review of a development application, including but not limited to construction plans or traffic impact analyses, the engineering director shall select a third-party reviewer from the county's approved vendor list. Based on the county-approved hourly rates, the engineering director shall provide the applicant a written estimate for the third-party review. The applicant shall provide funds, in the form of cashier's check or money order, to the county in an amount consistent with the written estimate. The funds shall be deposited into an escrow account, and the county shall bill against the account for the third-party review. The county will not commence a development application review until the funds have been received.

(2)

The county shall provide a monthly statement to the applicant showing the amount billed to date. If the escrow account is depleted prior to the development application being approved, the engineering director shall notify the applicant and provide an additional estimate for completing the applicable review. No further reviews will be performed until applicant submits additional funds in the form of a cashier's check or money order. Upon approval of the development application, the county shall refund to the applicant any remaining funds in the escrow account within 30 days of approval.

(Ord. No. 06-2020, § 3, 12-8-2020)

(a)

The applicant has the burden of producing sufficient substantial, competent and material evidence for the hearing body to conclude that the requirements of the applicable ordinance(s) have been met.

(b)

Regarding appeals, the decision of the administrative official, e.g., community development director, engineering director, shall be presumed correct. The appellant shall have the burden of persuasion, and the hearing body shall not overturn the administrative decision unless the appellant presents clear and convincing evidence that the administrative official has erred in implementing this UDO. The hearing body shall not substitute its opinion for the administrative official's decision.

(Ord. No. 06-2020, § 3, 12-8-2020)

Before any application is filed with the community development director, the applicant is encouraged to attend a pre-application meeting with the community development director. The purpose of the pre-application meeting is to discuss, in general, the procedures and substantive requirements for the application.

(Ord. No. 06-2020, § 3, 12-8-2020)

(a)

Submittal requirements. Appendix D of this UDO lists the detailed submittal requirements for each application listed in this UDO. The lists include approvals from State agencies, when required and such approvals shall be secured prior to submittal of an application to the county unless otherwise approved by the community development or engineering director. Requests for any development approval required by this UDO shall be made on applications provided by county staff or using the county's online application process. If the county has an online application process, applicants shall be required to submit applications digitally, including accompanying drawings and documents.

(b)

Owners authorization required. Applications for development approvals will be accepted only from the owners or lessees of property, persons who have contracted to purchase property contingent upon their ability to acquire the necessary permits under this UDO, or the agents of such persons. The community development director shall require evidence of the applicant's authority to submit the application when there is a reasonable basis for questioning this authority.

(c)

Traffic impact assessments. If required by section 114-428, a traffic impact analysis or traffic design study shall be submitted in conjunction with an application for preliminary development plan, sketch plat, zoning map amendment, conditional use permit or site plan approval. The community development director or engineering director may permit an applicant to submit a traffic impact analysis prior to the submittal of a development application.

(d)

Intent to serve. Intent to serve letters for the development are required from all utility providers, including but not limited to water, sewer, electric, cable, internet, telephone, and gas with applications for preliminary development plan, zoning map amendment, site plan, sketch plat, construction plans, final plat, and conditional use permit approval.

(e)

Utility study. Utility studies (water, sewer, and stormwater) demonstrating the general layout of on-site and off-site utility improvements, stormwater management systems, and identifying existing capacity and projected demands may be required by the engineering director in conjunction with an application for preliminary development plan, sketch plat, zoning map amendment, conditional use permit or site plan approval.

(f)

Developments of regional impact compliance. Applicants shall be required to demonstrate compliance with rules and regulations applicable to developments of regional impact in Bryan County.

(Ord. No. 06-2020, § 3, 12-8-2020)

The time for processing applications for development approval shall commence on the date that the community development director or engineering director certifies that a completed application has been filed. Modification of any application by the applicant following its filing and prior to action shall restart specified review times.

(Ord. No. 06-2020, § 3, 12-8-2020)

Following the determination that an application is complete, the community development director or engineering director shall review the application, forward the application for review to applicable advisory bodies, prepare all required reports, and schedule the matter for public hearing and/or decision within the time and in the manner required by this UDO.

(Ord. No. 06-2020, § 3, 12-8-2020)

Unless otherwise specifically provided, time shall be computed by excluding the first and including the last day and "days" shall mean calendar days. If the last day is a Saturday, Sunday or county holiday, that day shall be excluded. When the period of time prescribed is less than seven days intermediate Saturdays, Sundays and holidays shall be excluded. Unless otherwise specifically provided, whenever a person has the right or is required to do some act within a prescribed period after the service of a notice and the notice is served by mail, three days shall be added to the prescribed period.

(Ord. No. 06-2020, § 3, 12-8-2020)

For multi-step applications (e.g., planned developments and subdivisions) and for developments requiring multiple approvals, the applicant may request concurrent review of multiple applications. The hearing body shall review such applications concurrently but take independent actions on each application. Approval of one application does not guarantee approval of others that are reviewed concurrently.

(Ord. No. 06-2020, § 3, 12-8-2020)

An applicant may submit plans that show multiple phases provided that:

(a)

The requirements of this UDO will be satisfied with respect to each phase.

(b)

A phasing plan shall be approved by the board of commissioners that designates a date or event by which substantial work on each phase will begin and be completed.

(c)

If a development that is to be built in phases includes improvements that benefit the entire development, then the applicant shall submit a proposed schedule for completion of such improvements. The schedule shall relate completion of such improvements to completion of one or more phases.

(d)

Once a schedule has been approved and made part of the approval by the board of commissioners, no land may be used, buildings occupied or subdivision lots sold except in accordance with the approved schedule unless otherwise provided in this UDO.

(Ord. No. 06-2020, § 3, 12-8-2020)

(a)

Applications to be complete.

(1)

No application is complete unless all of the information required herein is included and all filing fees have been paid.

(2)

Additional information may be required to decide whether or not the development, if completed as proposed, will comply with all of the requirements of this UDO. Failure to provide additional required information may result in application denial. The presumption established by this UDO is that all required application information is necessary.

(3)

Review for completeness of application forms is solely for the purpose of determining whether preliminary information required for submission with the application is sufficient to allow further processing, and shall not constitute a decision as to whether application complies with the provisions of the UDO.

(4)

The community development director may agree to process an application without all required information at the risk to the applicant that the hearing body may later require the information prior to acting on the application.

(b)

Time limits for completeness determination.

(1)

Not later than five business days after the community development director has received an application, the community development director shall determine whether the application is complete and either notify the applicant at the DRC meeting or via written correspondence of required materials needed to correct the deficiencies.

(2)

If the application requires review by any other local or special district, or regional, State, or federal agency or entity, the applicant shall provide a listing of outside agency approvals required for the project before the application is deemed complete.

(3)

If the application, together with the submitted materials, is determined not to be complete:

a.

The community development or engineering director shall specify in writing the information required.

b.

The applicant may resubmit the application with the information required by the community development director or may appeal that decision in writing to the board of adjustment.

c.

The applicant may resubmit the application with the information required by the engineering director or may appeal that decision in writing to the building and construction board of appeals.

d.

If appealed, the board of adjustment or building and construction board of appeals shall render a final written determination on the appeal not later than the next available meeting after receipt of the applicant's written appeal.

(Ord. No. 06-2020, § 3, 12-8-2020)

(a)

Nothing in this section precludes an applicant and county staff from mutually agreeing to a continuance or extension of any time limit provided by this section.

(b)

If the community development director receives the written request for a continuance prior to the public hearing being noticed, the applicant's request for a continuance will be automatically granted. An applicant is not entitled to more than two automatic continuances.

(c)

If the community development director receives the written request for a continuance after the public hearing is noticed, the applicant is not entitled to an automatic continuance. The hearing body will consider the request for a continuance and shall only grant such request upon a demonstration by the applicant of good cause for a continuance.

(d)

If an applicant receives a continuance, the applicant shall reimburse the county for all advertising costs associated with rescheduling the public hearing for the application. The reimbursement fee must be paid prior to the county posting the advertisement.

(Ord. No. 06-2020, § 3, 12-8-2020)

(a)

The community development director may allow minor amendments to an application without re-submittal of the entire application.

(b)

Minor amendments to an application include adjustments to achieve greater compliance with the UDO, technical codes or other applicable rules and regulations.

(c)

Major amendments include, but are not limited to, the following:

(1)

Increases in land area, the number of lots, dwelling units, floor area, height, built-upon area, or any additional land-use disturbance;

(2)

Introduction of different land uses than those requested in the original application;

(3)

Requests of variances other than those included in the original application;

(4)

Reductions in buffer or transition areas, landscaping, or required setbacks, or any change in the design characteristics or materials used in construction of the structures;

(5)

Requests to reduce or eliminate conditions attached to a final development approval unless a new notice is provided; or

(6)

Changing the method of providing water and sewer service.

(d)

The community development director may postpone the consideration of the application by the public hearing body if the community development director determines additional time is needed to fully evaluate the proposed amendments, minor or major. If the applicant does not agree to the postponement, the community development director or engineering director may recommend denial of the application.

(e)

If the proposed amendment is determined to be a major amendment, as identified in paragraph (c) and the public noticing has already been posted/advertised, the community development director shall re-notice the application and consideration of the application shall be delayed for a month if the applicant agrees to the postponement.

(Ord. No. 06-2020, § 3, 12-8-2020)

(a)

A filed application may be withdrawn by the applicant at any time prior to the provision of notice of the public hearing for the application. After that time, the applicant may file a request to withdraw the application with the community development director. The community development director shall notify the hearing body of the withdrawal at the scheduled meeting.

(b)

When an applicant withdraws an application, the applicant shall not re-submit the application for six months following such withdrawal; provided, however, if the withdrawal is made at the county's request, the application may be re-filed within 30 days.

(c)

For the purposes of this section, "withdrawal" is defined as the retraction of a filed application, either for amendment and re-submission or for permanent revocation. Should the hearing body defer consideration of an application to its next meeting, either at the request of the applicant or upon its own initiative, such deferral of consideration shall not constitute "withdrawal" and shall not trigger the limitations on resubmission set forth in paragraph (b) of this section.

(Ord. No. 06-2020, § 3, 12-8-2020)

(a)

Effect on successors and assigns. Development approvals are transferable if the use of land or structures or any portion thereof subject to the approval continues to comply with all the terms and requirements of that approval.

(b)

Amendments to development approvals.

(1)

The community development director may authorize minor amendments to development approvals as defined in subsequent sections of this UDO upon finding that the amendment has no discernible impact on neighboring properties, the general public or those intended to occupy or use the proposed development.

(2)

All other requests for changes in approved plans will be processed as a modification to the original application, and new conditions may be imposed only on the specific site or area requested to be modified. The applicant retains the right to withdraw the request for an amendment and may then proceed in accordance with the previously issued permit.

(Ord. No. 06-2020, § 3, 12-8-2020)

(a)

Generally.

(1)

Notwithstanding anything contained herein, notice of all public hearings required under this article shall be in accordance with O.C.G.A. § 36-66-1 [et seq.], known as the "Zoning Procedures Law" and other applicable State laws.

(2)

The notice requirements for each type of application are established in Exhibit 221 and as prescribed in the individual subsections of this article and/or the State statute. For any inconsistency between the provisions of this article and State statute, the State statute governs.

(3)

Any defective notification of a required county procedure, not otherwise required by State or federal law, shall not invalidate the proceedings if the defect is determined to be harmless by the hearing body.

(4)

The community development director shall make every reasonable effort to comply with the notice provisions set forth in this chapter and shall document such notice.

(b)

Content.

(1)

Posted notices shall indicate the following information:

a.

The development approval requested;

b.

Date, time, place and purpose of hearing; and

c.

Contact information for persons seeking additional information about the application.

(2)

Published and mailed notice shall include:

a.

A description of the property subject to the application that includes the street address, if available, and the real property tax assessment roll parcel number. If the application is for a rezoning, the notice must include the current zoning of the property and the requested zoning district;

b.

A brief description of the proposed development, including, current and revised zoning classification (if any);

c.

Date, time, place, and purpose of hearing; and

d.

Notice that the complete application can be reviewed at the office of the community development director.

(c)

Format and timing.

(1)

Published notice. Notice shall be published in a paper of general circulation in the county for the first time not fewer than 15 days nor more than 45 days before the date set for the public hearing.

(2)

Mailed notice. The county may, but is not required to, mail notices to the owners of all properties involved in the application request as well as neighboring property owners. The community development director shall be responsible for creating a notification policy, including the notification boundary.

(3)

Posted notice. At least one sign shall be posted at least 15 days prior to the hearing in a conspicuous place visible from each street along the frontage of the subject property. Signs shall be in a form approved by the community development director with words clearly describing the requested development approval (e.g., rezoning, subdivision, variance) and the community development department phone number clearly legible from the street.

Exhibit 221: Notice Requirements

(Ord. No. 06-2020, § 3, 12-8-2020)

Public hearings shall be scheduled and conducted in accordance with the procedures in this section as may be modified by the more specific procedures established in subsequent sections of this UDO.

(a)

Calling a hearing. Whenever required by this UDO or State law, public hearings shall be called by either the community development director, the chair of the planning and zoning commission or board of adjustments, or the board of commissioners in the manner set forth in this UDO. However, if a conflict exists between provisions of this UDO and the State law all public hearings shall be called in the manner set forth in State law.

(b)

Hearing timing/location. When hearings are required by both the P&Z and board of commissioners, at least 14 days shall be required between the hearings. The intent of this provision is to ensure that there is adequate time to accurately convey P&Z commission recommendations to the board of commissioners and to ensure that at least one hearing is conducted in the portion of the County where the proposed development is located.

(c)

Hearing body. As used in this article, the term "hearing body" shall mean either the board of commissioners, P&Z commission, board of adjustment, or building and construction board of appeals.

(d)

Written comments. Written comments on the subject of the hearing may be submitted by any agency, citizen or property owner at any time prior to the adjournment of the hearing.

(e)

Oral comment sign-in required. Persons desiring to present their views orally at the hearing, must first signup on a form to be provided by the hearing body prior to the commencement of the hearing.

(f)

Reading of requested action. The hearing body chair will cause to be read the requested action under consideration and any analysis or recommendations from staff or other hearing bodies prior to receiving public input.

(g)

Applicant and representative comments. Comments from the applicant and the applicant's agent or attorney shall be heard before public comments.

(h)

Public comments. The hearing body chair shall call each person who has signed up to speak on the proposed decision or matter in the order in which the persons have signed up to speak. Each person shall have only one opportunity to speak unless called back to by the chair for questions or clarifications. Prior to speaking, the speakers will identify their names, current addresses, and clients, if the speaker is representing the applicant or an organization. Notwithstanding anything contained in this article to the contrary, a minimum time period of no less than ten minutes per side shall be allowed for rezoning applications presentation of data, evidence, and opinion by proponents and opponents of each hearing matter.

(i)

Content of comments. Each speaker shall speak only to the merits of the requested action under consideration and shall address remarks solely to the hearing body. The merits of the proposed decision or matter shall include evidence or opinions regarding devaluation, fair market value, nuisance, environmental concerns, traffic, noise, aesthetics and in general, the health, safety, welfare and benefit of the county as it is affected by the requested action. Speakers shall refrain from comment on unrelated issues, unrelated tracts of land or matters not the subject of the hearing. Each speaker shall refrain from personal attacks on any other speaker or person and from discussion of facts or opinions irrelevant to the proposed decision or matter under consideration. The hearing body chair may limit or refuse a speaker the right to continue, if the speaker, after first being cautioned, continues to violate this subsection.

(j)

Maintaining decorum. Nothing contained herein shall be construed as prohibiting the hearing body from taking reasonable steps it deems necessary to ensure that hearings are conducted in a decorous and safe manner, or to assure that the public hearing on each requested action or matter is conducted in a fair and orderly manner.

(k)

Response to P&Z commission recommendations. In response to P&Z commission recommendation, the applicant may provide supplemental information prior to the board of commissioners public hearing. Supplemental information shall be submitted a minimum of ten business days before the scheduled hearing in front of the board of commissioners. If the supplemental information is not submitted within this timeframe, board of commissioners may postpone the hearing. If the supplemental information significantly changes the information presented at the P&Z commission meeting, the board of commissioners may require the P&Z commission rehear the matter and provide a new recommendation.

(l)

Discussion. After the public hearing is closed, the hearing body shall proceed to open the matter for discussion.

(m)

Transcripts. Any person desiring a transcript of the hearing must arrange for a court reporter at their own expense.

(Ord. No. 06-2020, § 3, 12-8-2020)

After a hearing body has held the required public hearing, the hearing body shall either reject the requested action or approve the action with or without conditions or modifications. In the case of the P&Z commission, their action shall be to recommend rejection or approval with or without conditions unless they are serving as an appellate body. The hearing body may also table or defer the decision upon determining there is a legitimate reason to delay a decision. If the hearing body chooses to defer or table the decision, the county may, but is not required, to hold another public hearing.

(Ord. No. 06-2020, § 3, 12-8-2020)

No board of commissioners, board of adjustment, or planning and zoning commission action shall be taken on any property which is the subject of any litigation or appeal arising from a prior land-use or land-development decision pending in any state or federal court, wherein the county, its boards or commissions, or its officials or agents, are parties.

(Ord. No. 4-2025, § 1, 1-14-2025)