Article IX sets forth the procedures and requirements that shall be followed in order to seek approval for any development in unincorporated Burke County. Article IX also sets forth the requirements for appealing decisions and for enforcement.

(Ord. No. 18-01, §§ 1, 2, 9-11-2018; Ord. No. 19-03, § 1, 8-13-2019; Ord. No. 21-04 § 1, 4-13-2021)

(a)

No person shall develop any property within Burke County without first obtaining an approved subdivision plat and permits to perform such activities. All development activities or site work conducted after approval of a subdivision plat shall conform to the specifications of such approved plat.

(b)

A plat of a land subdivision shall be recorded in the office of the clerk of the superior court of Burke County when approved as required by this article. The filing or recording of a plat of a subdivision without such approval is declared to be a violation of this LDC.

(c)

The transfer of, sale of, or other use of a plat of a subdivision that has not been given final approval as required by this article and recorded in the office of the clerk of the superior court of Burke County is prohibited, and the description by metes and bounds in such an instrument of transfer or other document shall not exempt the transaction from prescribed penalties.

(d)

A building permit, or a sign permit in case of a sign, issued by Burke County is required in advance of the initiation of construction, erection, moving, or alteration of any building, structure, or sign except for those specific situations which are exempted as set forth in this Code.

(e)

It shall be unlawful to commence the excavation or filling of any lot for any construction of any building, or to commence construction of any building, or to commence the moving or alteration of any building until a building permit for such work has been issued.

(Ord. No. 18-01, §§ 1, 2, 9-11-2018; Ord. No. 19-03, § 1, 8-13-2019; Ord. No. 21-04 § 1, 4-13-2021)

(a)

Any building permit or other permit shall become void if the work authorized by the permit has not begun within six months after the date of issuance of the permit.

(b)

If construction described in a building permit or other permit is suspended or abandoned after work has commenced, the permit shall expire 12 months after the date that work ceased.

(c)

The time period for which a permit is valid may be extended for one or more periods of not more than 90 days each where an application for such extension is filed and such extension has been granted in writing by the building official.

(Ord. No. 18-01, §§ 1, 2, 9-11-2018; Ord. No. 19-03, § 1, 8-13-2019; Ord. No. 21-04 § 1, 4-13-2021)

(a)

All applications shall be accompanied by payment of application fees, as adopted by the board of commissioners, and any other fees that may be assessed in accordance with Georgia statutes or Code requirements.

(b)

An application shall not be complete until all required fees are paid. Such fees shall include the filing fee, and where notice is required, shall include an additional fee to defray the expense of preparing and mailing such notices.

(Ord. No. 18-01, §§ 1, 2, 9-11-2018; Ord. No. 19-03, § 1, 8-13-2019; Ord. No. 21-04 § 1, 4-13-2021)

Public hearings concerning a proposed zoning decision, conditional use, or application under consideration by the planning commission shall adhere to the following procedures:

(a)

All persons who wish to address the planning commission at a hearing concerning a proposed zoning decision, conditional use, or application under consideration by the planning commission shall first sign up on a form to be provided by the building official prior to the commencement of the hearing.

(b)

The planning commission chairman or his designee will read the proposed zoning decision, conditional use, or application under consideration and any county departmental reviews pertaining thereto prior to receiving public input on such proposed zoning decision, conditional use, or application. Proposed zoning decisions or applications shall be called in the order in which they were filed.

(c)

The chairman of the planning commission or his designee shall then call each person who has signed up to speak on the zoning decision or application in the order in which the persons have signed up to speak.

(1)

The applicant will always speak first.

(2)

Prior to speaking, the speaker will identify himself or herself and state his/her current address.

(3)

Only those persons who signed up to speak prior to the commencement of the hearing shall be entitled to speak.

(d)

Each speaker shall be allowed sufficient time to address the planning commission concerning the zoning decision or application then under consideration.

(1)

The building official shall be designated as the time keeper to record the time expended by each speaker.

(2)

Pursuant to O.C.G.A. § 36-66-5, and as amended from time to time, both proponents and opponents of any proposed zoning decision or conditional use shall be given a minimum of ten minutes per side for their presentation.

(e)

Each speaker shall:

(1)

Speak only to the merits of the proposed zoning decision, conditional use, or application under consideration and shall address his remarks only to the planning commission.

(2)

Refrain from personal attacks on any other speaker or the discussion of facts or opinions irrelevant to the proposed zoning decision, conditional use, or application under consideration.

(3)

The planning commission may limit or refuse a speaker the right to continue, if the speaker, after first being cautioned, continues to violate this subsection.

(f)

Nothing contained herein shall be construed as prohibiting the planning commission from conducting the hearing in an orderly and decorous manner to assure that the public hearing on a proposed zoning decision, conditional use, or application is conducted in a fair and orderly manner.

(Ord. No. 18-01, §§ 1, 2, 9-11-2018; Ord. No. 19-03, § 1, 8-13-2019; Ord. No. 21-04 § 1, 4-13-2021)

(a)

Notice requirements—Variance and zoning requests.

(1)

Published notice. At least 15 days prior to the public meeting to consider the variance and/or zoning request, notice shall be published in a newspaper of general circulation within the county. The notice shall state the time, place and purpose of the hearing and the location of the property, the present zoning classification of the property, and the nature of the requested action.

(2)

Posting of signs.

a.

In addition to the newspaper notice, a sign or signs shall be placed by an official of the department of planning, permits and inspections in a conspicuous location on the property frontage in such manner as to be legible from the public road. On lots with more than one road frontage, the sign shall be placed on each road at each location where access will be gained to the property.

b.

The sign(s) must be placed no less than 15 days prior to the date of the public hearing and shall state the date, time and place for the public hearing and the nature of the proposed variance.

(b)

Notice requirements—Zoning decisions.

(1)

Prior to making any zoning decision, including any amendment to this LDC or the official zoning map, the planning commission shall conduct a public hearing. The public hearing shall be called and a public notice provided in accordance with this LDC and with the provisions of O.C.G.A. § 36-66-4, public hearing notice, as follows:

(2)

A notice of time and place of the hearing shall be published at least 15 days, but not more than 45 days, prior to said public hearing in the official legal organ of Burke County or another newspaper of general circulation within the territorial boundaries of the county. The notice shall state the time, place and purpose of the hearing in accordance with O.C.G.A. § 36-66-4. If the proposed amendment is a rezoning of property initiated by a party other than the board of commissioners, then:

a.

The published notice, in addition to the foregoing, shall include the location of the property, the present zoning classification of the property, and the proposed zoning classification of the property; and

b.

A sign or signs containing that same information shall be placed on the property by the department of planning, permits and inspections not less than 15 days, nor more than 45 days, prior to the date of the hearing. The sign or signs shall be placed in a conspicuous location on the property frontage in such manner as to be legible from the public road. On lots with more than one road frontage, a sign will be placed facing each public road. If the property has no road frontage, a sign shall be placed at a location on each road where access will be gained to the property.

(3)

After hearing comments from all interested parties, the planning commission shall have 30 days within which to submit its recommendation to the board of commissioners, unless extended upon request of the applicant and the approval of the planning commission. If the planning commission fails to submit a recommendation within the specified period, the board of commissioners may proceed on the application without a recommendation from the planning commission.

(Ord. No. 18-01, §§ 1, 2, 9-11-2018; Ord. No. 19-03, § 1, 8-13-2019; Ord. No. 21-04 § 1, 4-13-2021)

Editor's note— Ord. No. 19-03, § 1, adopted Aug. 13, 2019, repealed § 26-9.01.07, which pertained to notice requirements—board of commissioners, and derived from Ord. No. 18-01, §§ 1, 2, adopted Sept. 11, 2018.

(a)

Generally. When a non-agricultural use is proposed for property abutting an existing general agricultural (A-1) district or will be located within the required minimum setbacks for such district, the developer or property owner shall be provided with a "notice of agricultural adjacency" at the time an application for a building permit or for a change in zoning classification or use is filed.

(b)

Requirements.

(1)

As a condition of and prior to any administrative action on either the change in zoning classification or use request, or the issuance of any land use, building, or occupancy permit, the applicant shall be required to sign a waiver on a form prepared by the building official which will indicate that the applicant understands that there is an ongoing agricultural land use adjacent to the subject property which could produce odors, noise, dust, and other effects which may not be compatible with the applicant's development. Nevertheless, understanding the effects of agricultural operations and uses on adjacent land, the applicant agrees, by executing the form, to waive any objection to those effects and understands that his change in zoning classification or use and/or his permits are issued and processed in reliance on his agreement not to bring any action against adjacent land owners, whose property is agricultural and or an agricultural operation, or any local government, asserting that the adjacent agricultural operations or uses of agricultural land constitutes a nuisance; provided that said existing agricultural use is operated in conformance with this LDC and with all applicable local, state, and federal regulations.

(2)

Any such notice or acknowledgement provided to or executed by a land owner adjoining an existing agricultural use or within the required minimum setbacks for said use shall be public record. The agricultural use notice shall include the following information in substantially the same or similar format and content:

You are hereby notified that all or part of the property you are proposing to use or build upon is located adjacent to agricultural land with one or more existing agricultural operations. You may be subject to inconvenience or discomfort from lawful agricultural operations. Discomfort and inconvenience may include, but are not limited to, noise, odors, fumes, dust, smoke, burning, vibrations, insects, rodents, and/or the operation of machinery (including aircraft) during any 24-hour period. One or more inconveniences may occur as a result of agricultural operations that are in compliance with existing laws and regulations and accepted customs and standards. If you live or operate a use near an agricultural area, you should be prepared to accept such inconveniences or discomfort as a normal and necessary aspect of living in an area with a strong rural character and an active agricultural sector. Your signature constitutes an agreement not to bring any action against adjacent landowners whose property is agricultural land or in agricultural operation, or against local government, asserting that the adjacent agricultural operation or uses of agricultural lands constitutes a nuisance.

Signature of Applicant:  ____________

(Ord. No. 18-01, §§ 1, 2, 9-11-2018; Ord. No. 19-03, § 1, 8-13-2019; Ord. No. 21-04 § 1, 4-13-2021)

The Georgia Department of Community Affairs (DCA), 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 Central Savannah River Area Regional Commission for review and recommendation prior to issuance of any local building or development permit, utility tap, or rezoning, whichever occurs first. As such, these requirements establish an official delay in the local permitting and/or review process to allow for compliance with these requirements.

(Ord. No. 18-01, §§ 1, 2, 9-11-2018; Ord. No. 19-03, § 1, 8-13-2019; Ord. No. 21-04 § 1, 4-13-2021)

All applications shall be complete before acceptance for review and decision making. A determination of completeness is a determination that all required documents and plans include the information required by this LDC, that said documents and plans have been submitted in sufficient number, and that all fees have been paid. A determination of completeness is not a determination of compliance with substantive standards and criteria.

(Ord. No. 18-01, §§ 1, 2, 9-11-2018; Ord. No. 19-03, § 1, 8-13-2019; Ord. No. 21-04 § 1, 4-13-2021)

(a)

Persons desiring to subdivide land within the county shall seek the approval of the planning commission according to the following procedures:

(1)

The prospective subdivider should consult with the building official and county health office to obtain advice and assistance prior to his preparation of a subdivision plat. The subdivider should submit subdivision design sketches, a property boundary survey, and other general information as necessary to communicate his intentions regarding land subdivision.

(2)

Prior to his making any improvements, including site grading or clearing, road construction, or utilities installation, the subdivider shall submit to the planning commission a subdivision plat, as provided for in [section 26-9.02.00] of this article unless exempted by the planning commission as provided for in section 26-4.04.01.

(3)

Approval of a preliminary subdivision plat by the planning commission shall constitute authorization for the subdivider to subdivide the land and make improvements thereto in accordance with the approved plat.

(4)

After the land has been subdivided, roads or other improvements completed, or a surety bond posted therefor, the subdivider shall submit the subdivision plat to the planning commission for final approval.

(5)

Upon final approval of a subdivision plat, the subdivider shall record the subdivision plat in the office of the clerk of the superior court no later than 180 days after final approval. Thereafter, the subdivider may transfer by sale, lease, legacy or agreement all subdivided lots, parcels or building sites, or may apply for permits to erect structures.

(b)

Minor subdivisions. The building official may review and approve or disapprove subdivisions containing five or less tracts provided that no new roads area created and that the divisions meet all requirements of this LDC.

(c)

Family ties land division.

(1)

The building official may review and approve or disapprove applications involving family ties land divisions provided that the application meets the requirements of section 26-4.04.04 of this LDC.

(2)

Applications shall include an affidavit to indicate the family relationship.

(Ord. No. 18-01, §§ 1, 2, 9-11-2018; Ord. No. 19-03, § 1, 8-13-2019; Ord. No. 21-04 § 1, 4-13-2021)

(a)

Submit to the planning commission. The subdivider or his agent shall submit to the planning commission, at least ten days prior to its next regular meeting, the following:

(1)

A letter requesting the planning commission's review of a subdivision plat and giving the name and address of a person to whom a notice may be sent specifying the date, time and place of meeting of the planning commission when it will act on the plat;

(2)

Three copies of the plat of the proposed subdivision prepared in accordance with section 26-9.02.04; and

(3)

A check payable to the order of the county in appropriate amount based on a review fee of $10.00 (or the dollar amount adopted by the board of commissioners in a separate fee schedule, which may be updated from time to time) per each lot, parcel or building site shown on the subdivision plat.

(b)

Approval.

(1)

Upon submission of a preliminary subdivision plat, the planning commission shall conduct its review and disapprove or approve the plat.

(2)

Whenever a subdivision plat shall have been granted preliminary approval by the planning commission, the chairman shall inscribe and verify by his initial on each sheet of three copies of the plat the following notation:

"Preliminary Approval of the Plat granted by the Planning Commission on (date)."

(3)

Preliminary approval is valid for a period of 180 days from the date of approval. If construction has not begun or is not complete, an extension application must be made with the planning commission. The planning commission may grant an extension for a term not more than 180 days from the original termination date.

(c)

Stipulations to preliminary approval. As a part of its preliminary approval of a subdivision plat, the planning commission may stipulate modifications in subdivision design, required improvements, or subdivision plat as it may deem necessary to ensure compliance with the provisions of this article; however, such modifications shall be included in the official action of the commission granting preliminary approval.

(d)

Distribution of notice of preliminary approval. After a subdivision plat shall have received preliminary approval, copies of the approved plat, bearing the required inscription and verification, and statements of any stipulations of preliminary approval, shall be distributed as follows:

(1)

One copy of each returned to the subdivider together with a written notice of such action;

(2)

One copy of each forwarded to the county health officer; and

(3)

One copy of each retained in the files of the planning commission.

(e)

Exclusion of property transfer.

(1)

The preliminary approval of a subdivision plat authorizes the excavation and grading of land, the construction of roads, and the installation of other required improvements.

(2)

Such preliminary approval however shall not authorize the transfer of property by sale, lease or legacy; nor any agreement or negotiation of such transfer; nor use of the approved plat for such purposes; nor constitute the final approval of a subdivision plat as required for the plat.

(f)

Interim modifications to preliminary subdivision plat.

(1)

Modifications to an approved preliminary subdivision plat may be authorized by the planning commission at the request of the subdivider when the subdivider shows to the satisfaction of the commission that extraordinary and exceptional conditions encountered in the development of the approved subdivision necessitate such modifications.

(2)

No modification to an approved subdivision shall be made by the subdivider until approved in writing by the planning commission.

(3)

The county shall not grant a modification to an approved subdivision that would be detrimental to the public safety, convenience or welfare, or contrary to the purposes and intent of this article.

(g)

Inspections and notice to comply.

(1)

The planning commission shall have the authority to inspect subdivision development and site preparation to determine if such activities are in accordance with an approved plat or stipulated conditions or modifications approved thereto.

(2)

Whenever it has been determined that such activities are not being conducted in such accord, a written notice to comply, bearing the signature of the chairman of the planning commission, shall be sent to the subdivider by registered or certified mail.

(3)

The notice required in subsection (2) above shall set forth the violations cited as the result of the inspection, measures to be constituted by the subdivider to remedy the violations cited, and time period within which such measures are to be completed.

(h)

Denial of preliminary approval.

(1)

The planning commission may deny preliminary approval of a subdivision plat on any of the following grounds:

a.

The subdivision plat, together with the required certifications, letters or fees, are not submitted in complete and required form;

b.

The planning commission determines that the land proposed for subdivision is unsuitable for subdivision because of flood hazard or other conditions that could endanger public health; or

c.

The planning commission determines that a proposed subdivision is premature because of inadequate utilities, public schools, transportational facilities, law enforcement or public maintenance funds, and because such subdivision development would necessitate excessive expenditure of public funds for the provisions and maintenance of such services.

(2)

Whenever a plat shall have been disapproved, the planning commission shall state the grounds for disapproval in the official record of the meeting at which such action was taken.

(3)

The subdivider shall be notified in writing of such action, including grounds for the action, with a copy of such notice forwarded to the clerk of the superior court and the county health officer.

(i)

Denial of final approval.

(1)

The planning commission may deny final approval of a subdivision plat on any of the following grounds:

a.

When the plat, together with required accompanying information, fees and letters are not submitted in complete and proper form.

b.

Where the plat does not conform to the approved preliminary plat, including any modifications as may have been granted.

c.

Where the plat does not reflect the required minimum standards of improvement.

d.

Where the preliminary approval of a plat shall have been declared void by the planning commission; or

e.

Where the plat shall have been previously disapproved by the planning commission.

(2)

Whenever a plat shall have been disapproved, the planning commission shall state the grounds for such action in the official record of the meeting at which such action was taken.

(3)

The subdivider shall be notified in writing of such action, including grounds therefore, with a copy of such notice forwarded to the clerk of the superior court and the county health officer.

(j)

Time limitations on planning commission action.

(1)

Upon submission of a final plat, the planning commission shall have 45 days in which to review the plat and grant its final approval or disapproval of the subdivision plat.

(2)

Failure by the planning commission to grant final approval or disapproval of a plat within 45 days from date of submission is hereby deemed to constitute approval, and certification of approval shall be issued by the chairman of the commission on demand; however, the subdivider may waive this requirement and consent to an extension of the review period.

(Ord. No. 18-01, §§ 1, 2, 9-11-2018; Ord. No. 19-03, § 1, 8-13-2019; Ord. No. 21-04 § 1, 4-13-2021)

(a)

The subdivision plat shall be drawn to a scale of not less than one inch = 200 feet and shall show the following information:

(1)

All dimensions to the nearest tenth of a foot and all bearings and angles to the nearest minute;

(2)

The name, location and acreage of the proposed subdivision; the name and address of the owner; the name of the subdivision designer;

(3)

The date prepared, north point, and graphic scale;

(4)

The location of existing property lines, topography contours, streets, streams, rivers, lakes, ponds, railroads, sewer lines, water lines, septic tanks, filtration fields, wells, bridges and drainage structures within the subdivision. If any land disturbance will result from the construction of the subdivision, the plat shall reflect the resulting topographic conditions and to be constructed drainage plans and easements;

(5)

The names of the owner of adjoining properties and the names of any adjoining subdivisions;

(6)

The proposed names, locations, widths and other dimensions of streets, easements, recreational areas, drainage plan, topographical plan, and rights-of-way; all utilities easements shall be located along side and rear property lines. Plats shall also contain on all side and rear property lines a dedicated right-of-way of at least five feet and ten feet, respectively. NOTE: all utilities shall be underground.

(7)

The arrangement and dimensions of proposed lots;

(8)

The limits of any area subject to flooding;

(9)

Sufficient data to readily determine and reproduce on the ground the location, bearing and length of every street, lot line, block line or boundary line;

(10)

Zoning of all properties proposed for subdivision and zoning for all properties abutting the proposed subdivision;

(11)

A location sketch map showing relationships of the proposed subdivision to the surrounding area (within one mile of the subdivision site); and

(12)

A statement inscribed on the plat and signed by a registered engineer or qualified surveyor certifying the accuracy of the dimensions and bearings shown on the plat.

(13)

In the event of variance approval by the planning commission, a statement shall be added stating the date of the approval of the variance and the board approving the variance.

(b)

Public health certification.

(1)

Where individual septic tanks or means other than connection to a public sanitary sewerage system are to be employed temporarily or permanently as a method of sewage disposal for one or more lots within a subdivision, evidence of the tentative approval of such methods by the county health officer shall be submitted with the subdivision plat.

(2)

Acceptable evidence of such tentative approval shall be a written statement bearing the signature of the county health officer and specifying that the subdivider has consulted the county board of health as to the suitability of such methods within the subdivision and each lot therein and that the tentative approval of the board of health has been granted for the use of such methods or that the subdivider has been apprised of subdivision design modifications to be made to render proposed lots suitable for septic tank use. Such modifications shall be specifically stated in the health officer's certification statement.

(c)

Road development certification. A statement signed by the land owner, developer, and/or subdivider shall be submitted with the subdivision plat and shall certify that all easements, rights-of-way, utilities, and road improvements, including grading, base and surface materials, and other drainage facilities will be made in accordance with the provisions of article VI of this LDC, or that a surety bond in the amount of 150 percent of the value of the utilities and road improvements has been posted by the land owner, developer, and/or subdivider, in a form acceptable to the planning commission, as a guarantee that the required improvements will be made. In addition to the requirements of this section, the owner or developer shall remain liable to the county for any repairs or maintenance of such road and drainage facilities for a period of one year from date of acceptance by the county.

(d)

Final plat requirements.

(1)

After a subdivision plat has received preliminary approval by the planning commission and the required improvements have been made by the subdivider or a surety bond posted in lieu thereof, the subdivider shall submit to the planning commission the following:

a.

A letter requesting the planning commission to consider the subdivision plat for final approval and giving the name and address of a person to whom a notice shall be sent specifying the date, time and place of the meeting of the planning commission when it will act on the request;

b.

The original drawing of the subdivision plat, corrected to show any modifications in subdivision design and development as may have been stipulated by the planning commission as part of its preliminary approval of the plat or as may have been necessary due to the topography or other conditions peculiar to the land subdivided and as may have been approved by the planning commission;

c.

A copy of the terms of any surety bond as may have been posted by the subdivider guaranteeing any required improvements; and

d.

A check payable to the county in the amount of $25.00 (or a dollar amount established by the board of commissioners in a separate fee schedule, which may be updated from time to time).

(2)

Whenever a subdivision plat shall have been granted final approval, the chairman of the planning commission shall inscribe and verify by his signature on each sheet of the original drawing of the plat, the following notation:

Pursuant to the Land Development Code of Burke County, Georgia, and with all improvements for approval having been met, final approval of this subdivision plat has been granted by the county.

(3)

After final approval from the planning commission, the plat shall be submitted to the board of commissioners for acceptance by the county of roads, rights-of-way and drainage easements shown on the plat within the subdivision for public maintenance.

a.

The dedication to and acceptance by the county of the roads, rights-of-way and drainage easements within the subdivision shall be shown by the following inscribed on the plat:

b.

Commission action granting final approval of a subdivision plat shall be entered into the official record of the meeting at which such action was taken.

(4)

Distribution of plats. After a subdivision plat shall have received final approval and the required inscription and verification entered on the original drawing of the plat, the building official shall require the developer to submit three copies with the original and shall distribute the original drawing and copies thereof as follows:

a.

The original drawing of the plat shall be returned to the subdivider;

b.

One of the copies of the plat transmitted to the clerk of the superior court within 180 days from the date of approval from the planning commission, together with written authorization from the chairman of the planning commission, for the clerk to record the plat in the county's register of deeds and property transactions;

c.

One copy forwarded to the county health officer; and

d.

One copy retained in the files of the planning commission.

(5)

Recording of plats.

a.

No plat of a subdivision shall be filed or recorded in the office of the clerk of the superior court until it shall have been submitted to and approved by the planning commission and such approval entered in writing and certified by the chairman and the building official on the plat.

b.

Plats shall be recorded in the office of the clerk of the superior court no later than 180 days from date of approval by the planning commission.

c.

The clerk of the superior court shall not file or record a plat of a subdivision that does not include a statement of approval by the planning commission certified by its chairman and the building official.

(Ord. No. 18-01, §§ 1, 2, 9-11-2018; Ord. No. 19-03, § 1, 8-13-2019; Ord. No. 21-04 § 1, 4-13-2021)

(a)

Any person who desires to construct, enlarge, alter, repair, move or demolish any building or structure, or to erect, install, alter, remove, repair, convert or replace any electrical, gas, mechanical or plumbing system, where the cost of such work exceeds $1,500.00, shall first obtain the required permit from the building official. Also, any person who desires to change the use of a building or structure or of land or install a manufactured home, regardless of cost, shall first obtain the required permit from the building official.

(b)

Application for a building permit shall be made to the building official in accordance with the administrative regulations of the Standard Building Code.

(c)

Fees.

(1)

Permit fees for construction, gas, mechanical or plumbing work shall be listed in the appendix of the applicable code. Fees for electrical permits shall be as set forth in the schedule of fees and charges.

(2)

Permit fees for installation of a mobile or manufactured home or change of use of a building, structure or land will be as set forth in the schedule of fees and charges.

(3)

The fee for demolition of any building shall be as set forth in the schedule of fees and charges.

(4)

Any person who commences any work on a building, structure or system before obtaining the necessary permit shall be subject to a penalty of 100 percent of the usual permit fee in addition to the required permit fee.

(d)

Certificate of occupancy.

(1)

No land or structure for which a building permit has been issued shall be occupied or used until the building official shall have issued a certificate of occupancy.

(2)

A certificate of occupancy shall be issued only when the building, structure and/or land is determined to be in conformity with the provisions of this article. No certificate of occupancy shall be issued for any use of land or structure where on-site means of sewage disposal are employed until the county health officer shall have certified in writing his approval of the installation and operation of such on-site disposal means.

(3)

If a certificate of occupancy is not granted upon request, the building official shall state in writing the reasons for such action and shall identify any corrections or modifications necessary for compliance certification.

(e)

Remedial nature of article. The provisions of this section are remedial and shall be construed to secure the beneficial interest and purposes of this article, which are public safety, health and general welfare, through structural strength, stability, sanitation, adequate light and ventilation, and safety to life and property from fire and other hazards incident to the construction, alteration, repair, removal, demolition, use and occupancy of buildings, structures or premises.

(f)

Compliance with technical codes and state laws.

(1)

All construction, enlargement, alteration, repair, moving, removal, conversion, demolition, occupancy, equipment, use, height, location, area, maintenance of buildings, structures, and any appurtenances, mechanical, gas, plumbing and electrical, shall be performed in compliance with the codes adopted in section 26-1.08.03.

(2)

All work performed which by law requires a state license (including but not limited to electrical, low-voltage electrical, plumbing, mechanical and installation of manufactured housing) shall be accomplished only by those individuals so licensed; except the owner of a residence (excluding manufactured housing) may accomplish such work in or on his residence subject only to the requirements of permitting and inspection.

(g)

Completion of prior permitted construction. Nothing contained in this article shall require any change in the plans, construction, designated use, or occupancy of a building or structure for which:

(1)

There is physical evidence that construction had commenced prior to the effective date of the ordinance from which this section derives and where the entire building or structure shall be completed within one year from the effective date of the ordinance from which this section derives; or

(2)

A building permit had been issued pursuant to the requirements of previous development regulations as may have been modified or repealed by the ordinance from which this section derives and where the entire building or structure shall be completed within six months from the effective date of the ordinance from which this section derives.

(h)

Enforcing official.

(1)

The provisions of this article shall be administered and enforced by the building official. The building official shall have the right to enter upon any property or into any building or structure for the purpose of making inspections as necessary to carry out his duties in the enforcement of this article.

(2)

The building official shall issue all building permits and make and maintain records of permits issued or denied, or inspections made, of any violations cited and remedies ordered, and of any appeal proceedings and of certificates of occupancy issued.

(3)

The building official shall not issue a building permit until he has determined that the proposed activity is in conformity with this article.

(i)

Insurance. Prior to approval of a permit for any person, evidence shall first be shown of a minimum of $100,000.00 general liability insurance coverage, except for permits for change of use, or for individuals performing work on their own residence.

(j)

Public health certification. The building official shall not issue a building permit where the proposed building, structure or use involves on-site means of sewage disposal until the applicant shall have first obtained the written certification of the county health officer that on-site sewage disposal means can satisfactorily accommodate the expected sewage discharge from the proposed use, and that the site on which the proposed use is located or is to be located contains sufficient land area to accommodate the on-site disposal of the expected discharges without adversely affecting groundwater or surface water supplies.

(k)

Exemptions from state law. The board of commissioners, pursuant to 1996 Ga. Laws, page 1632, does hereby exempt the county from the provisions of O.C.G.A. § 8-2-26(d).

(Ord. No. 18-01, §§ 1, 2, 9-11-2018; Ord. No. 19-03, § 1, 8-13-2019; Ord. No. 21-04 § 1, 4-13-2021)

(a)

Initiation of amendments.

(1)

A change in the zoning classification of a property by amending the official zoning map or grant of a conditional use may be initiated by the owner of the property or the owner's authorized representative by filing an application with the building official. If submitted by a representative of the owner, such authorization shall be notarized and attached to the application.

(2)

A change in the zoning of a property or grant of a conditional use may be initiated by the board of commissioners on its own motion or at the request of any of the following: The building official, the planning commission, or the owner of a property due to extraordinary circumstances.

(3)

An application for an amendment to the zoning map or grant of a conditional use affecting the same property shall not be submitted more than once every 12 months, such interval to begin on the date of the final decision by the board of commissioners.

(4)

The 12-month interval shall not apply to applications initiated by the board of commissioners, except for amendments to the zoning maps or conditional uses which were defeated by the board of commissioners, in which case the interval required for the subsequent applications shall be at least 12 months.

(5)

An application to alter conditions of rezoning may be submitted at any time.

(b)

Application requirements.

(1)

Each application to amend the official zoning map or grant of a conditional use shall be filed with the planning, permits and inspections department. Applications shall be submitted in compliance with the following:

a.

A legal description of the tract to be rezoned.

b.

Three copies of a plat, drawn to scale, showing a north arrow, land lot and district, the dimensions, acreage and location of the tract prepared by an architect, engineer, landscape architect or land surveyor whose state registration is current and valid. The preparer's seal shall be affixed to the plat.

c.

The present and proposed zoning district for the tract.

d.

Existing and intermediate regional floodplain and structures.

e.

The names and addresses of the owners of the land and their agents, if any.

f.

The names and addresses of all adjoining property owners.

g.

Such other and additional information as may be requested by designated representative of the county or required by this article.

(2)

All applications shall be sworn to be true and correct and shall be signed by the landowner requesting the zoning change or by his/her authorized agent.

(3)

Withdrawn applications.

a.

An application may be withdrawn without prejudice at any time prior to the first appearance of the legal advertisement required by this article.

b.

An application may be withdrawn prior to a vote on the amendment by the planning commission or prior to final action by the board of commissioners, but in such event an application for the same amendment may not be resubmitted for consideration by the planning commission for a period of six months from the date of withdrawal.

c.

Unless withdrawn at the hearing, the withdrawal must be in writing, signed and dated by the applicant.

(c)

Procedures.

(1)

Upon presentation of an application for a zoning change or grant of a conditional use, the application shall be forwarded to the planning commission who will examine the property and make a recommendation to the board of commissioners for action on the application.

(2)

The planning commission may recommend approval and/or the board of commissioners may approve a rezoning request or grant of a conditional use conditioned upon the applicant complying with specified conditions, the planning commission and/or the board of commissioners deem reasonable and appropriate to carry out the purposes of this article and which are designed to harmonize applicant's request with the public interest.

(3)

In the event the request is approved upon the compliance with certain conditions, the applicant will have so much time as may be granted to the applicant by the board of commissioners to comply with such conditions and if the applicant fails to comply with such conditions the rezoning request will be deemed denied.

(4)

No building permits or other permits shall be issued until such time as the building official determines that the applicant has complied with the specified conditions.

(5)

The application for a zoning change or grant of a conditional use may be acted upon by the board of commissioners at the first meeting of the board of commissioners to which such application is submitted following the recommendation of the county planning commission.

(6)

Such application shall be read at the first meeting of the board of commissioners following the recommendation of the planning commission, and may be acted upon by the board of commissioners following the presentation of both the proponents and the opponents to the proposed zoning decision.

(7)

Action by the board of commissioners regarding proposed zoning change or grant of a conditional use shall be taken at an advertised public hearing, and shall be based on the following information:

a.

The recommendation of the planning commission;

b.

The application and supporting documentation; and

c.

Testimony during the public hearing.

(8)

If the request is for a rezoning of a portion of a parcel or shall result in the combination of multiple parcels or a portion of multiple parcels, the approval of such rezoning shall be conditioned upon the resurveying and recordation in the Superior Court of Burke County of an accurate plat within 60 days of approval by the board of commissioners. A copy of the recorded plat shall be filed with the building official. Failure to file a plat pursuant to this subsection shall have the effect of invalidating the rezoning action.

(d)

Zoning standards. The planning commission and board of commissioners shall consider the following when considering an amendment to the zoning map or conditional use:

(1)

Whether the zoning proposal will permit a use that is suitable in view of the use and development of adjacent and nearby property;

(2)

Whether the zoning proposal will adversely affect the existing use or usability of adjacent or nearby property;

(3)

Whether the zoning proposal will result in a use which will or could cause an excessive or burdensome use of existing streets, transportation facilities, utilities, or schools;

(4)

Whether the zoning proposal is in conformity with the policy and intent of the future development map and comprehensive plan; and

(5)

Whether there are other existing or changing conditions affecting the use and development of the property which give supporting grounds for either approval or disapproval of the zoning proposal.

(Ord. No. 18-01, §§ 1, 2, 9-11-2018; Ord. No. 19-03, § 1, 8-13-2019; Ord. No. 20-01, § 4, 2-11-2020; Ord. No. 21-04 § 1, 4-13-2021; Ord. No. 21-07, § 1, 8-10-2021)

(a)

Only the board of commissioners may initiate a change to the text of this LDC or a comprehensive amendment to the zoning map. Such an initiation may be in response to a request from the building official, the planning commission, or any private citizen or property owner, or on its own motion, upon a determination that the public necessity, general welfare or good zoning practice justifies such action.

(b)

No amendment to the text of this LDC or comprehensive amendment to the zoning map (hereinafter referred to as a "code amendment") shall become effective unless it shall have been submitted to the planning commission for review and recommendations. The following information shall be provided for review:

(1)

Identification of the specific provision proposed for amendment;

(2)

The proposed modifications in a strikethrough and underline format;

(3)

A detailed explanation of the rationale and justification for the requested amendment; and

(4)

A detailed explanation of the potential impacts of the modification on the development of Burke County.

(c)

Before enacting a code amendment to this LDC, the county shall hold public hearings thereon. At least 15 days but not more than 45 days prior to each public hearing, notice is to be published in a newspaper of general circulation within the county. The notice is to state the time, place and purpose of the hearing.

(d)

Public hearings by the planning commission on a code amendment shall follow the same procedures as a public hearing for a rezoning, as described in this LDC.

(e)

Decisions on a Code amendment.

(1)

The planning commission shall make a recommendation for approval, denial or such other action it deems appropriate, no later than their next regularly scheduled meeting following their public hearing, or the proposed amendment shall go forward with no recommendation. The report of the planning commission shall be forwarded in writing to the board of commissioners for final approval or denial.

(2)

The board of commissioners shall take action on each code amendment at a regularly scheduled meeting.

(3)

The building official shall maintain a record and date of such amendments as approved or denied by the board of commissioners, and shall update this LDC or the zoning map as amended within 30 calendar days of the board of commissioner's action.

(f)

Standards for a Code amendment. The planning commission and the board of commissioners shall consider the following standards in reviewing any code amendment to this LDC, giving due weight or priority to those factors that are appropriate to the circumstances of each proposal:

(1)

Is the proposed amendment consistent with the purpose and intent of this Development Code as stated under article I?

(2)

Does the proposed amendment further or is it compatible with the purpose and intent of the comprehensive plan?

(3)

Is the proposed amendment required to adequately address new or changing conditions or to properly implement the comprehensive plan?

(4)

Does the proposed amendment reasonably promote the public health, safety, morality or general welfare?

(g)

Effect of text amendment approval.

(1)

Approval of a text amendment shall be in full force and effect upon its approval by the board of commissioners or upon the stated effective date thereof.

(2)

For a property on which a use, building, structure or other improvements existed in conformity with this LDC prior to the effective date of a text amendment affecting the property, any such use, building, structure or other improvements no longer in conformance shall be governed by the provisions for nonconformities under article VIII of this LDC, as applicable.

(3)

Construction of any use, building, structure, or other improvements for which a building permit has been issued in conformity with this LDC prior to the effective date of a text amendment may continue to completion as though no change had occurred and, upon completion, shall be governed by the provisions for nonconformities under article VIII of this LDC, as applicable.

(Ord. No. 18-01, §§ 1, 2, 9-11-2018; Ord. No. 19-03, § 1, 8-13-2019; Ord. No. 21-04 § 1, 4-13-2021)

(a)

A request for an interpretation of this LDC or an appeal for variance from its terms may be taken by any person aggrieved, or by any officer, department or board of the county affected by a decision or order of the building official. Such appeal shall be taken within 15 days' time after the decision has been rendered, by filing with the building official a notice of appeal. The appeal shall be filed on forms provided by the building official and upon deposit of a fee as set forth in the schedule of fees and charges. The building official shall forthwith transmit to the planning commission all papers constituting the record regarding the action appealed.

(b)

Any appeal or application may be withdrawn upon written notice to the building official, but no appeal shall be withdrawn after a notice of public hearing has been posted without the written consent of the planning commission.

(c)

In reviewing an appeal for variance, the burden of showing that the variance should be granted shall be the responsibility of the party applying for the variance. Any variance granted by the planning commission shall terminate automatically when the use ceases to be in full compliance with any conditions imposed by the planning commission, when the use has been abandoned, when the building permit shall have expired or if the variance has not been acted upon within one year.

(Ord. No. 18-01, §§ 1, 2, 9-11-2018; Ord. No. 19-03, § 1, 8-13-2019; Ord. No. 21-04 § 1, 4-13-2021)

(a)

Upon receipt of a request for appeal proceedings, the planning commission shall fix a reasonable time for the hearing of an appeal and shall give, or cause to be given, a public notice thereof by means of a notice in a newspaper of general circulation within the county at least 15 days prior to the scheduled date of the hearing.

(b)

The notice shall contain the time, date and place of the hearing and a general statement as to the nature of the appeal request as well as the name of the appellant.

(c)

A sign shall be posted on the property containing the same information contained in the notice provided for in this section.

(Ord. No. 18-01, §§ 1, 2, 9-11-2018; Ord. No. 19-03, § 1, 8-13-2019; Ord. No. 21-04 § 1, 4-13-2021)

(a)

The planning commission shall decide upon an appeal request within 30 days after the date of the public hearing.

(b)

The building official shall advise the board of commissioners of the decision of the planning commission and the reasons therefor.

(Ord. No. 18-01, §§ 1, 2, 9-11-2018; Ord. No. 19-03, § 1, 8-13-2019; Ord. No. 21-04 § 1, 4-13-2021)

Editor's note— Ord. No. 18-01, §§ 1, 2, adopted September 11, 2018, set out two sections numbered as § 26-9.03.04. To maintain sequential numbering within this chapter, this section has been renumbered as 26-9.03.03, at the discretion of the editor.

Any person may appeal the decision of the planning commission to the board of commissioners. Such appeal shall be taken within 15 days' time after the planning commission decision has been rendered, by filing with the county manager a notice of appeal.

(Ord. No. 18-01, §§ 1, 2, 9-11-2018; Ord. No. 19-03, § 1, 8-13-2019; Ord. No. 21-04 § 1, 4-13-2021)

The jurisdiction for actions brought pursuant to the LDC shall be in the magistrate court of Burke County.

(Ord. No. 18-01, §§ 1, 2, 9-11-2018; Ord. No. 19-03, § 1, 8-13-2019; Ord. No. 21-04 § 1, 4-13-2021)

Any person who violates any provision of this Code or fails to comply with the requirements thereof shall, upon conviction, be punished as provided in the Burke County Code of Ordinances, part II, chapter 1, section 1-11, and in addition shall pay the cost of such action. Each day such violation continues shall be considered a separate offense. The owner or tenant of any building, structure, premises or part thereof; and any architect, builder, contractor, agent or other person who commits, participates in, assists in or maintains such violation may each be found guilty of a separate offense and suffer the penalties provided in this section.

(Ord. No. 18-01, §§ 1, 2, 9-11-2018; Ord. No. 19-03, § 1, 8-13-2019; Ord. No. 21-04 § 1, 4-13-2021)

(a)

Enforcing official.

(1)

The provisions of this Code shall be administered and enforced by the building official. This official or his designee or subordinate shall have the right to enter upon any premises for the purpose of making inspections of buildings or premises necessary to carry out his duties in the enforcement of this Code. In addition, he shall issue all permits called for by this Code and make and maintain records thereof, issue all certificates of occupancy and make and maintain records thereof, and conduct inspections as prescribed by this Code and other such inspections as are necessary to ensure compliance with this Code.

(2)

The building official or his designee or subordinate shall have the right to issue citations to any person in violation of any provision of this Code.

(Ord. No. 18-01, §§ 1, 2, 9-11-2018; Ord. No. 19-03, § 1, 8-13-2019; Ord. No. 21-04 § 1, 4-13-2021)

(a)

Injunction or mandamus. If 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 this chapter, the building official, county attorney or other appropriate authority of the county or any adjacent or neighboring property owner who would be specially damaged by such violation, in addition to other remedies, may institute injunction, mandamus or other appropriate action or proceeding 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 the building, structure or land.

(Ord. No. 18-01, §§ 1, 2, 9-11-2018; Ord. No. 19-03, § 1, 8-13-2019; Ord. No. 21-04 § 1, 4-13-2021)