This section is established to identify the minimum lot size and width, front and side yard setback, and building height allowed within each designated district.

111.1.

Purpose. The purpose of this section is to promote the health, safety, morals and general welfare of the inhabitants of Buena Vista, Georgia, by regulating the occupancy and maintenance of manufactured home parks, travel trailer parks, apartments, planned unit developments (PUD) and all other developments with privately maintained infrastructure.

111.2.

Definitions. When used in this section, the following words and phrases shall have the meaning given. The words not defined below shall have the meaning given in section A-31.

(1)

Common area. Any area or space designed for joint use of tenants occupying the private development.

(2)

Density. The number of dwellings per gross acre.

(3)

Driveway. A private way used by vehicles and pedestrians on a private development or for common access to a group of lots or common facilities.

(4)

Governing authority. Means the Mayor and City Council of the City of Buena Vista, Georgia.

(5)

Management. The person who owns or has charge, care or control of the private development.

(6)

Occupied area. That area of an individual lot which has been covered by a dwelling and its accessory structures.

(7)

Private development. Any development in which the infrastructure (water and sewer mains, streets, driveways, etc.) is not owned by the City of Buena Vista. Private development shall include, but is not limited to, apartment complexes, manufactured home parks, private retirement communities, and condominiums.

(8)

Service building. A structure housing sanitary, operational, office, recreational, maintenance and other facilities built to conform to required standards.

(9)

Sewer connection. Pipes, fittings and appurtenances from the drain outlet of the structure to the inlet of the corresponding sewer riser pipe of the sewer system serving the private development.

(10)

Travel trailer park. An area where one or more travel trailers can be parked, designed or intended to be used as temporary living quarters for one or more families and intended primarily for automobile transi[ents] whether or not a charge is made for such accommodation.

(11)

Water connection. Pipes, fittings and appurtenances from the water riser pipe to the water inlet pipe of the distribution system within the structure.

111.3.

Permits required. It shall be unlawful for any person to construct, alter or extend any private development within the limits of Buena Vista, Georgia, unless the Zoning Enforcement Officer issues a valid permit after approval of the City Council. Construction must begin within 180 days after issuance of the permit.

111.4.

Applications. All applications for permits for private developments shall be submitted to the Zoning Enforcement Officer of Buena Vista, Georgia, after submission and approval of the final site plan.

111.4.1.

Site plan. A private development site plan layout shall be drawn at a scale no smaller than 100 feet to one inch and shall show the following information:

(1)

Five black or blue line prints of the final site plan shall be submitted and shall contain the following information:

(a)

Name and address of applicant.

(b)

Name and address of the owner of the land.

(c)

Location (vicinity map) and legal description of the private development.

(d)

North arrow.

(e)

The area and dimensions of the tract of land.

(f)

The number, location and size of all lots.

(g)

The location, width and area of roadways, parkways, streets, driveways and walks.

(h)

The location of service buildings and any other proposed structures.

(i)

Location and design of parking spaces.

(j)

Gross density.

(2)

Approval of the final site plan shall be noted on all five prints and attested to by the signature of the Clerk of the City Council. Three prints shall be returned to the applicant, and two prints retained in the files of the Zoning Enforcement Officer.

Before acting on the site plan layout, the Commission may request a report from any person or agency directly concerned with the proposed development, such as the District Highway Engineer, Superintendent of Schools, and Public Utilities. Such reports shall certify compliance with or note deviations from the requirements of this chapter and include comments on other factors which bear upon the public interest. The responsibility of securing said reports is that of the Zoning Enforcement Officer.

Any time after approval of the final site plan by the Commission, application may be made for a permit for the construction of the private development. Five complete sets of construction plans shall be submitted to the Zoning Enforcement Officer and the Zoning Commission:

(1)

The approved final site plan.

(2)

Location of water and sewer lines and user pipes and manholes.

(3)

Plans and specifications of the water supply, sewer lines, storm drainage system, refuse and sewerage disposal facilities.

(4)

Plans and specifications of all buildings to be constructed, altered or extended within the private development.

(5)

The location and details of lighting and electrical systems.

Upon review of the application the Zoning Enforcement Officer and the Zoning Commission shall issue a permit when a review of the application and inspection of the site demonstrates that the proposed or existing private development meets the requirements of this chapter.

111.5.

Revocation of permits. Any permit for a private development may be revoked when it is found to be in violation of this chapter.

(1)

Should the Zoning Enforcement Officer find that conditions exist which are in violation of any provision of this section, he shall give notice to the permittee or owner that, unless such conditions or practices are corrected within 30 days, the permit will be revoked.

(2)

If at the end of 30 days, a further inspection reveals that the conditions or practices have not been corrected, the Zoning Enforcement Officer shall then revoke the permit and give notice of such suspension in writing to the permittee or owner. Upon notice of revocation, the permittee or owner shall cease operation and/or construction of the private development.

111.6.

Inspections.

(1)

The Zoning Enforcement Officer is hereby authorized and directed to make such valid inspections as are necessary to determine satisfactory compliance with this chapter.

(2)

The Zoning Enforcement Officer shall have the power to enter at reasonable times upon public property for the purpose of inspecting and investigating conditions relating to enforcement of this chapter. The Zoning Enforcement Officer shall have the power to enter at reasonable times upon any private property that the officer has probable cause that a violation or violations of this code section has occurred. For the purposes of this code section, conditions which appear to be in violation of this code section which are in plain view may form the basis for probable cause.

(3)

The Zoning Enforcement Officer may request inspections by and verifications of compliance from the Department of Public Health or any of the rules and regulations of state and/or local Health Departments. Representatives of the Department of Health shall have the same powers of entry and inspection as provided for Zoning Enforcement Officer.

(4)

The Health Officer's representative, upon finding by inspection existing violations of requirements relating to the protection of health and/or safety of residents of the private development, shall notify the Zoning Enforcement Officer of such violations and requirements for corrections. The Zoning Enforcement Officer shall then proceed with enforcement under the provisions of appropriate sections of these regulations.

111.7.

Existing private developments.

(1)

Private development operating permitted prior to passage of this ordinance, may continue to operate under the terms of such permit or license except that such developments must comply with the standards required by the following sections: section 111.5, section 111.6, section 111.8, section 111.9, and section 111.10.

(2)

Expansion of the capacity of an existing private development shall require full compliance with section A-111.

111.8.

Appeals.

111.8.1.

Petition. Any person affected by any notice which has been issued in connection with the enforcement of any provision of this section relating to private developments, or of any regulation adopted pursuant thereto, may request and shall be granted a hearing on the matter before the Planning and Zoning Commission, provided that such person shall file in the office of the Zoning Enforcement Officer a written statement of the grounds for such request. The filing of the request for a hearing shall operate as a stay of the notice and the suspension except in the case of an order issued under section 111.9. Upon receipt of such request, the Planning and Zoning Commission shall set a time and place for such hearing and shall give the petitioner written notice thereof.

111.8.2.

Hearing. At such hearing, the petitioner shall be given an opportunity to be heard and to show why such notice should be modified or withdrawn.

111.8.3.

Order of Planning and Zoning Commission. After such hearing, the Planning and Zoning Commission shall make findings as to compliance with the provisions of this section and regulations issued thereunder and shall issue a recommendation to the City Council to sustain, modify or withdraw the notice. The City Council at a regularly scheduled meeting or a specially called meeting shall issue an order sustaining, modifying or withdrawing the notice. Upon failure to comply with any order sustaining or modifying a notice, the certificate of occupancy affected by the order shall be revoked.

111.9.

Emergencies. Whenever the Zoning Enforcement Officer finds that an emergency exists which requires immediate action to protect the public health including violations of any of the applicable rules and regulations of the Department of Public Health or Georgia Department of Public Health, he may without notice or hearing issue an order reciting the existence of such an emergency and requiring that such action be taken as he may deem necessary to meet the emergency including the suspension of the permit or license. Notwithstanding any other provisions of this section, such order shall be effective immediately. Any person to whom such an order is directed shall comply therewith immediately, but upon petition to the Planning and Zoning Commission, he shall be afforded a hearing as soon as possible. The provisions of section 111.8 shall be applicable to such hearing and the order issued thereafter.

111.10.

Nonconforming private developments.

(1)

For the purposes of this section, "nonconforming private development" shall be defined as a private development which was in existence prior to passage of this ordinance and which does not conform to the technical standards found in section 111.11.

(2)

All nonconforming private developments within the City of Buena Vista shall, within 12 months from the adoption of this ordinance, conform to the technical standards, section 111.11.

(3)

Nonconforming parks shall submit to the Zoning Enforcement Officer of Buena Vista, Georgia, two copies of a site plan within 60 days from the adoption of the ordinance from which this section derives. The site plan shall contain that information listed in section 111.4.1(1). The site plan shall also contain the location of refuse facilities, street lighting facilities, and the location of required buffer areas.

111.11.

Technical standards. New private developments shall conform with the technical standards in this section. Nonconforming private developments shall conform with the following technical standards in this section within 12 months from the adoption of the ordinance.

111.11.1.

Roadways, driveways and off-street parking.

(1)

Pavement. Roadways within the private development shall be constructed in accordance with City of Buena Vista standards.

(2)

Width. Roadway pavement shall be of adequate width to serve the traffic of the private development and in any case shall meet the following minimum requirements:

(a)

Two-way streets: 23 feet.

(b)

One-way streets: 12 feet.

(c)

Cul-de-sac: 30 feet radius.

(3)

Minimum maintenance standards. Roadways shall be maintained free of ruts, holes, and standing water.

(4)

Inspections. All streets and driveways within private developments shall be subject to review and inspection by the City of Buena Vista.

(5)

Access. All private developments shall be provided with safe and convenient vehicular access from abutting public streets or roads or highways. Said access shall be provided by streets, driveways or other means. Alignment and gradient shall be properly adapted to topography.

(6)

Driveways. Paved driveways shall be provided where necessary for convenient access to the private development. The minimum width shall be ten feet.

(7)

Off-street parking. Off-street parking areas shall be provided in all private developments for the use of occupants and guests. All requirements found in section A-72 shall apply.

111.11.2.

Landscaping. All private developments shall comply with the landscaping requirements in section 78.1.

111.11.3.

Outdoor lighting. All private developments shall be furnished with lighting units so spaced and equipped with luminaries placed at such mounting heights as will [provide] sufficient levels of illumination for the safe movement of pedestrians and vehicles at night.

111.11.4.

Drainage. The ground surface in all parts of every private development shall be graded and equipped to drain all surface water in a safe, efficient manner in order to eliminate water pockets, low areas or bogs.

111.11.5.

Soil and ground cover. Exposed ground surfaces in all parts of every mobile home park shall be paved, or covered with stone screenings, or other landscaping material, or protected with a vegetative growth that is capable of preventing soil erosion and of eliminating objectionable dust and/or mud.

111.11.6.

Water supply system. An accessible, adequate, safe and potable supply of water shall be provided in each private development. Where a public supply of water of satisfactory quantity, quality and pressure is available, connection shall be made thereto and its supply used exclusively. When a satisfactory public water supply is not available, a private water supply system may be developed and used as approved by the Georgia Department of Public Health in accordance with rules and regulations for water supply quality control.

The water supply system of the private development shall be constructed and connected in accordance with the plumbing code of Buena Vista, Georgia. Each dwelling or, in the case of two- and multifamily dwellings and commercial uses, each building shall be provided with a water connection. Such connection shall be in accordance with the provisions of the plumbing code of Buena Vista, Georgia.

111.11.7.

Wastewater system. An adequate and safe sewerage system shall be provided in all private developments for conveying and disposing of all sewage. Each dwelling or, in the case of two- and multifamily dwellings and commercial uses, each building shall be provided with a sewer connection. Such system and connection shall be designed, constructed and maintained in accordance with the provisions of the plumbing code of Buena Vista, Georgia.

111.12.

Variances. Where, because of topographical or other conditions peculiar to the site, strict adherence to the provisions of this section would cause an unnecessary hardship, the Planning and Zoning Commission after investigating the facts surrounding the request shall either recommend to the City Council that they approve or disapprove the request for a variance and the City Council may authorize a variance, if such variance can be made without destroying the intent of these regulations. In granting variances, the City Council may impose such conditions as will, in its judgment, secure substantially the objective of the standards of requirements so varied.