This chapter sets forth the procedures for receiving, reviewing, and rendering decisions on applications for subdivisions, multi-family and nonresidential development, mixed use development, planned developments, rezoning, and all permits. This chapter also sets forth the requirements for appealing decisions and for enforcement. It is the county's intent that the procedures and requirements set forth in this chapter shall be followed in order to seek approval for any development. Note that additional requirements and design criteria are located throughout this UDO in particular sections, regarding particular districts, and in regards to specific uses.

(a)

No building is to be erected, used, occupied, moved, or altered in a manner that does not conform to the requirements specified for the district in which it is located.

(b)

The only exception to this requirement is that all buildings or uses which lawfully existed at a particular location at the time this ordinance was adopted may be continued as nonconforming uses pursuant to the provisions of chapter 9.

(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 zoning administrator.

(a)

All applications shall be accompanied by payment of application fees, as set forth in the Butts County fee schedule adopted by the board of commissioners. 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.

(b)

For land clearing permits, a fee in addition to local permitting fees will be assessed pursuant to Georgia statutes. All applicable fees shall be paid prior to issuance of the land disturbance permit.

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 Three Rivers 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.

These policies and procedures govern the calling and conducting of public hearings on applications for zoning decisions. The following policies and procedures will be observed in conducting the required public hearing:

(a)

The hearing will be held in the Butts County administration building or as advertised. Printed copies of these procedures shall be available for public review at the hearing.

(b)

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

(c)

The proponent(s) of the zoning decision shall have a minimum of ten minutes for the presentation of data, evidence and opinions. The length of time for presentations permitted to each speaker will be governed by the chairman of the board of commissioners or his/her designee, depending upon the number of persons present and desiring to speak. Personal remarks will not be tolerated.

(d)

The opponent(s) of the zoning decision shall have a minimum of ten minutes for the presentation of data, evidence and opinions. The length of time for presentations permitted to each speaker will be governed by the chairman of the board of commissioners or his/her designee, depending upon the number of persons present and desiring to speak, and provided that both proponents and opponents shall have equal opportunity to address the board of commissioners. Personal remarks will not be tolerated.

(e)

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

(f)

Cross examination of persons making oral presentations will not be permitted.

(g)

All questions will be addressed to the chairman or his/her designee then presiding.

(h)

Standing to challenge a zoning decision is not conferred by being permitted to speak orally at a hearing, nor by being permitted to file a statement or pleadings.

(a)

A pre-application conference is a meeting between an applicant and the zoning administrator for the purposes of:

(1)

Exchanging information on the potential development of a site;

(2)

Providing information on permissible uses of the site proposed for development;

(3)

Providing information to an applicant regarding the design standards set forth in this UDO that are applicable to a potential application;

(4)

Providing information to an applicant regarding standards of regional, state, or federal agencies that may be applicable to a potential application;

(5)

Determining the need and requirements for supporting plans, documents, and studies;

(6)

Providing information to an applicant regarding infrastructure requirements and the construction of required improvements; and

(7)

Providing information to an applicant regarding the appropriate procedures and schedules for receiving and reviewing applications and rendering decisions regarding a potential application.

(b)

Prior to the submission of an application for a subdivision plat, development plan, or improvements plan, an applicant may submit a written request for a pre-application conference.

(c)

A pre-application conference should be held not more than two weeks following the date of submission of the written request for such conference.

(d)

The pre-application conference may include staff of the building, planning and development office.

(e)

It is the intent of the board of commissioners that all requirements be identified during the pre-application conference. However, no person may rely upon any comment concerning a proposed development, or any expression of any nature about the proposal, made by a participant at the pre-application conference as a representation or implication that the proposal will be ultimately approved or rejected in any form.

(f)

A prospective applicant may bring members of his project team, such as, but not limited to, the project engineer, land planner, architect, surveyor, or other person who will assist in the preparation of an application. A prospective applicant may provide an informal sketch plan to aid in the discussion. However, such an informal sketch plan shall not be reviewed in any way for compliance with the standards and requirements of this UDO and shall be used only as an aid to the conduct of the pre-application conference.

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 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.

The table below identifies the types of applications and the entity that is responsible for the final decision regarding the application.

Table 10.01.03. Types of applications and entity
responsible for final decision

1 Building, planning and development office.

(a)

The developer or other person wishing to do any of the following must first apply to the zoning administrator for a building permit:

(1)

Excavation or filling of a lot for the construction of a building;

(2)

Erection, movement, extension, or enlargement of a building;

(3)

Work on an existing building which increases the assessed value $500.00 or more; and/or

(4)

Installation of a manufactured home or industrialized building.

(b)

No electricity, water, or sewage hookup will be made available to the site of new construction until a building permit is secured.

(c)

The building permit must be applied for either by the owner of the land upon which the proposed building or alteration is to be located or by the contractor doing the work.

(d)

The applicant may obtain a building permit application from the zoning administrator. S/he should complete the application form and submit it to the zoning administrator together with any supporting documentation which the zoning administrator may specify.

(e)

Before a building permit is issued by the zoning administrator, the Butts County Health Department must approve the proposed water supply and sewage disposal facilities required in connection with the proposed building or structure. In areas served by a public water and sewage system, the health department may elect to waive the requirement for approval. After study of the site of a proposed use, the health department may require for health reasons that all or any portion of the site not be used for the intended purpose. The health department may also set a minimum lot size larger than that required by this ordinance. The Butts County Health Department will either approve or disapprove the water and sewer facilities within 30 days of receipt of the application from the zoning administrator and may provide a written decision, including reasons for the decision.

(f)

An existing use which is altered or extended must meet applicable Butts County building codes and development regulations. When an applicant seeks a building permit for the extension or alteration of an existing use, the zoning administrator will inspect the use and determine what (if anything) is needed to bring the use into conformance with applicable building codes and development regulations before a building permit may be issued.

(g)

The zoning administrator is in charge of issuing building permits; however, s/he may delegate the authority to qualified staff. The zoning administrator may contact the applicant at the address shown on the application. The building permit will be issued if, upon review of the application and inspection of the site, the zoning administrator is satisfied that the proposed project will meet the requirements of this ordinance and all other applicable ordinances. The zoning administrator may require the submission of additional materials if s/he feels additional information is needed in order to determine if the proposed project meets the requirements of this ordinance.

(h)

If the zoning administrator feels that the proposed project as presented in the building permit application will not satisfy the requirements of this ordinance, s/he will not issue a building permit. S/he will notify the applicant within ten days of the submission of the application, stating reasons for the refusal. S/he may provide the reasons for refusal in writing at the request of the applicant. The applicant will then need to confer with the zoning administrator to determine what s/he needs to do in order to comply with the ordinance and be eligible for a building permit.

(i)

Construction on an approved project must start within six months from the date of issue of the building permit, or the permit will become invalid, and a new one must be applied for if construction of the project is desired at a future date. If construction has begun on an approved project and then ceases before the project is completed, construction must be restarted within 12 months from the time that it was stopped, or the permit will become invalid, and a new one must be applied for if construction of the project is desired to resume at a future date. Records of building permit applications and supporting materials will be maintained by the zoning administrator.

(j)

All newly constructed buildings, as well as additions, extensions, or enlargements of structures, must comply with all building codes in effect in Butts County. The zoning administrator will explain the procedures and timing of inspections to determine if the work meets applicable codes.

(a)

A certificate of occupancy is required before a structure for which a building permit has been issued may be occupied or used. The building permit becomes the certificate of occupancy when the zoning administrator signs it in the appropriate space, certifying that to the best of her/his knowledge all requirements of this ordinance have been met. The owner/contractor will then receive the certificate of occupancy to be used as confirmation that s/he has complied with the provisions of this ordinance.

(b)

The zoning administrator will issue the certificate of occupancy within ten days of receiving the building permit with required certifications if s/he finds that all requirements of this ordinance and all other applicable ordinances have been met. However, if s/he finds that all requirements of such ordinances have not yet been met when the owner/contractor seeks a certificate of occupancy, the zoning administrator will not issue the certificate of occupancy. S/he will notify the owner/contractor within ten days, stating reasons for the refusal. The owner/contractor will then need to confer with the zoning administrator to determine what s/he needs to do in order to comply with the ordinance and be eligible for a certificate of occupancy.

(a)

If a developer or landowner finds that a proposed new use of her/his land does not meet the requirements of this ordinance, s/he may request that this ordinance be amended to permit her/his proposed use. The developer or owner wishing to request an amendment of the official map must have at least 51 percent ownership of the subject property or be the duly authorized agent of such a person, possessing notarized authorization in writing under the owner's signature. The planning and zoning commission or the board of commissioners may also propose an amendment. However, the power to approve and enact an amendment rests with the board of commissioners.

(b)

Application for an amendment may be made with the zoning administrator. The zoning administrator will take the required information and transmit it to the planning and zoning commission for its consideration.

(c)

When an amendment is initiated which involves changing the zoning district of a parcel of land, the zoning administrator must post a sign at least two feet by three feet in size in a conspicuous place on the property at least 15 days, but not more than 45 days, prior to the date of the scheduled public hearing conducted by the board of commissioners. The sign must set forth the fact that it is a zoning notice. It must show the present zoning classification; the proposed zoning classification; the purpose, date, time, and place of the scheduled public hearing; and it must inform the public that additional information may be obtained from the zoning administrator.

(d)

All applications for amendment must first be reviewed by the planning and zoning commission. The planning and zoning commission will study the proposed amendment and determine if it meets the requirements of this ordinance, as well as other applicable ordinances of Butts County. At this time, the zoning administrator may review the proposed amendment and make written recommendations to the planning and zoning commission.

(e)

The planning and zoning commission may conduct a public hearing on the amendment. The board of commissioners shall conduct a public hearing. Notice of the public hearing before the board of commissioners must be published in a newspaper of general circulation in Butts County at least 15 days, but not more than 45 days, before the hearing. The time, place and purpose of the hearing; the location of the property; the present zoning classification; and the proposed zoning classification must be indicated in the newspaper notice.

(f)

After conducting a public hearing and considering recommendations from the planning and zoning commission, the board of commissioners will then make an official decision on the proposed amendment. The decision may or may not concur with the recommendations of the planning and zoning commission or the zoning administrator.

(g)

Conditional and intermediate zoning.

(1)

When a parcel of property is placed in a certain zoning district, all permitted uses for that zoning district are allowed on the property as long as the published requirements of this ordinance and other development regulations of Butts County are met. However, in certain situations, only one of the permitted uses for a district may be appropriate for a parcel of property while many of the other uses within the range of those permitted would not be appropriate; or certain design, location, aesthetic, or other standards may be needed to mask otherwise undesirable effects of a permitted use. In such cases, conditional zoning may be granted by the board of commissioners with the consent of the applicant.

(2)

The following situations are permitted under conditional zoning:

a.

The use of land may be specifically limited to any one or more of the permitted uses for the zoning district in which the land is placed.

b.

Special requirements of design, location, aesthetics, or other considerations may be imposed for the uses permitted on the land.

c.

Any combination of the above two categories of conditions may be imposed.

(3)

Conditional zoning is attached to a specific lot or group of lots, not to the owner(s). If ownership of the lot(s) changes, continued compliance with the special conditions must be maintained by the new owner(s).

(4)

Conditional zoning may be proposed by the board of commissioners, the planning and zoning commission, the petitioner for a zoning amendment, or any person who may be affected by the subject property.

(5)

A tract of land to which special conditions have been attached continues to be subject to all other requirements of this ordinance and other applicable regulations of Butts County which are not in conflict with those special conditions.

(6)

Whenever a tract of land has had special conditions imposed upon it and a building permit is applied for, plans and specifications which are drawn in compliance with the special conditions must be submitted with the application for a permit.

(7)

The zoning of any parcel of land which is subject to special conditions will be indicated on the official map by its zoning district designation followed by the letter "C" (for example R-1C).

(8)

In cases where an applicant seeks rezoning to a classification which the board of commissioners finds to be not appropriate, but where the existing zoning classification does not allow a reasonable use of the property or is too restrictive to the particular property, the board of commissioners may rezone the property to an intermediate classification which allows a reasonable and appropriate use of the property. An intermediate zoning may be assigned without further public notice or hearing beyond that already required by law and this ordinance. A properly placed and advertised public notice of the rezoning application and hearing thereon shall be notice that the board of commissioners may rezone to an intermediate zoning classification between the current zoning classification and the zoning classification sought by the applicant. Conditions may be placed upon the rezoning as well.

(h)

If the board of commissioners denies a proposed amendment, a minimum period of 12 months must pass before the amendment proposal for the same property is again submitted for consideration.

(a)

Some zoning districts permit certain uses only upon approval of the board of commissioners. These are called special uses. Consideration is given to whether or not the objectives of this ordinance will be hindered in an individual situation.

(b)

The developer or owner wishing to request a special use must have at least 51 percent ownership of the subject property or be the duly authorized agent of such a person, possessing notarized authorization in writing, under the owner's signature.

(c)

Application for a special use may be made with the zoning administrator. The zoning administrator will take the required information and transmit it to the planning and zoning commission and the board of commissioners for their consideration.

(d)

When an application for a special use is received, the planning and zoning commission will set a time and place for a public meeting and/or public hearing on the special use. All applications for special use permits shall receive a public hearing. Such hearing shall be preceded by the county providing publication of a public hearing notice within a newspaper of general circulation in the county at least 30 days prior to the date of the public hearing, and a notice of the hearing shall be mailed at least 30 days prior to the public hearing to the owner of the property that is the subject of the proposed action. Such notices shall include the application number (if any number is assigned), date, time, location, and purpose of the public hearing.

(e)

The planning and zoning commission will make its recommendation concerning the special use and record the decision in the minutes of the meeting. The planning and zoning commission will then forward its decision to the board of commissioners for their review and consideration before making their determination on the special use.

(f)

The board of commissioners shall hold a duly-noticed public hearing pursuant to the same procedures used by the planning commission. After conducting such hearing, the board of commissioners may grant, deny, or grant with special conditions the special use permit request. The decision of the board of commissioners on the application for special use may be appealed to the Butts County Superior Court by way of a petition for such review pursuant to O.C.G.A. § 36-66-5.1(a)(2) filed in the court within 30 days of the date of the decision of the board of commissioners. Such appeal will be a record review, and the record shall be certified by the zoning administrator or chairman of the board of commissioners and transmitted to the superior court within 30 days of the service of the appeal pleadings on the county.

(g)

In addition to the standards for the exercise of the zoning power and specific criteria in this UDO, the planning and zoning commission and board of commissioners will consider the following points in arriving at a decision on the special use:

(1)

Whether it is contrary to the purpose of this ordinance;

(2)

Whether it is detrimental to the use or development of adjacent properties, or to the general neighborhood; it must not adversely affect the health or safety of residents or workers;

(3)

Whether it would constitute a nuisance or hazard because of the number of persons who will attend or use such a facility, vehicular movement, noise or fumes generated, or type of physical activity;

(4)

Whether it would adversely affect existing uses, and it must be proposed to be placed on a lot of sufficient size to satisfy the space requirements of the use;

(5)

Whether the public infrastructure of Butts County is sufficient to support the proposed use;

(6)

How the proposed use would affect the economy of Butts County;

(7)

How the proposed use would affect the environment of Butts County; and

(8)

Whether it would meet all other requirements of this ordinance.

(h)

The board of commissioners may require any additional restrictions and development standards on a special use as may be necessary to protect the health and safety of workers and residents.

(i)

If the board of commissioners find that any restrictions upon which a special use was granted are not being complied with, they may revoke the permit. Public notice and hearing on the issue of whether the permit should be revoked shall be provided in the same manner as that provided for the consideration of a rezoning application.

(Ord. No. CR202334, § 5, 6-26-2023)

(a)

When any subdivision of land is proposed, and before any permits for development of the subdivision are granted, the developer or his authorized agent shall apply for and secure approval of the proposed subdivision in accordance with this UDO.

(b)

Any subdivision of land, including for the purpose of auction, requires approval by the planning department. Prior to subdivision of any property and prior to recording said subdivision with the county clerk's office, the property owner or his or her representative shall first receive written approval from the planning department to ensure the proposed subdivision meets the standards of this UDO.

(c)

For the purpose of auction, the planning department shall determine the extent of required compliance with the standards of this UDO prior to the sale of a subject property.

(d)

All fees for subdivision approval shall be established from time to time by resolution of the Butts County Board of Commissioners.

General overview of subdivision plat review and approval procedures.

(a)

Introduction. The procedure for the formal review and approval of a subdivision plat consists of five stages. These are as follows:

(1)

Pre-application review;

(2)

Preliminary plat acceptance by the planning and zoning commission;

(3)

Construction plan approval by the administrative officer;

(4)

Final plat acceptance by the planning and zoning commission and approved by the Butts County Board of Commissioners; and

(5)

Recording and dedication.

(b)

Minor subdivisions are lot divisions that do not require the installation of streets, utilities, or other public improvements and infrastructure. A proposal to create a minor subdivision shall only require review and approval by the zoning administrator before being recorded in the public records of the clerk of the Butts County superior court. The zoning administrator will approve the minor subdivision if the submitted plat complies with the Georgia statutes pertaining to the recording of plats and all of the substantive requirements of this UDO.

(c)

Pre-application review stage. Whenever the subdivision of a tract of land is proposed, the subdivider may consult informally with the zoning administrator prior to filing the application for subdivision. The subdivider may submit sketch plans and data showing existing conditions within the site and in its vicinity and the proposed development layout of the subdivision. The purpose of the pre-application review stage is to facilitate the subsequent preparation of plans and plats by clarifying matters relating to the proposed subdivision and the development ordinance.

(d)

Preliminary plat stage. The subdivider must submit to the planning and zoning commission for approval a preliminary plat of the proposed subdivision prepared in accordance with the provisions of this ordinance. If the proposed subdivision abuts a state highway, a certificate of approval by the Georgia Department of Transportation must accompany the preliminary plat submission. The county health department must have reviewed the project, and a letter of preliminary approval must be obtained by the subdivider. The subdivider must also furnish copies of such a preliminary plat to all utility companies serving the area. Approval of the planning and zoning commission will be indicated on the face of the preliminary plat.

(e)

Construction plan stage. Prior to making any street improvements or installing any utilities or other improvements, the subdivider must submit to the administrative officer construction plans of the proposed subdivision, prepared in accordance with the provisions of this ordinance. The design presented in the construction plans must be in conformance with the general design information presented in the preliminary plat that was approved by the planning and zoning commission. The construction plans must show all street design profiles, topographic information, utility construction plans, sediment and erosion control plans, and other information as may be required by the administrative officer. The construction plan stage requires the approval of only the administrative officer; however, it is the administrative officer's responsibility to ensure that the plans are reviewed and approved for compliance with technical requirements.

(f)

Final plat stage. After completion of the physical development, or arrangements for physical development acceptable to the planning and zoning commission, of all or part of the area shown on the preliminary plat as approved by the planning and zoning commission, and before selling any lots, a final plat together with the required certificates must be submitted to the planning and zoning commission and the Butts County Board of Commissioners for approval. The subdivider must also furnish copies of the approved final plat to all utility companies serving the area.

(g)

Recording and dedication. After the final plat is approved by the Butts County Board of Commissioners, the final plat and appropriate documents become the instrument to be recorded in the office of the clerk of the superior court of Butts County, Georgia. After recording, the appropriate deeds and documents must be presented to the appropriate local government agency for dedication and acceptance.

(a)

Submission and approval of preliminary plat.

(1)

Preliminary plat submission. After completing the preliminary review stage, and at the regular time specified by the community development department before the regularly scheduled monthly meeting of the planning and zoning commission at which the subdivider desires planning and zoning commission action, the subdivider must submit the following:

a.

A letter requesting review and approval of a preliminary plat and giving the name and address of a person to whom the notice of hearing and action on the preliminary plat is to be sent;

b.

Two 24-inch by 36-inch copies and eight eleven-inch by 17-inch copies of the preliminary plat and supporting data. At this time, the administrative officer may direct the subdivider to furnish additional copies to the review agencies having appropriate technical expertise or proper authority for review and comment. Electronic copies in a format specified by the administrative officer may be required;

c.

If the subdivision is not to be served by public water and sewage systems, a certificate from the Butts County Health Department approving the proposed water supply and sewage disposal systems; and

d.

If the proposed subdivision abuts a state highway, a certificate of approval or comparable permission of access for the proposed subdivision by the Georgia Department of Transportation.

(2)

Additional information. The planning and zoning commission may ask for any additional information it feels is needed to evaluate the preliminary plat.

(3)

Official date of submission. The official date of submission of the preliminary plat will be the date of the next regularly scheduled monthly meeting of the planning and zoning commission.

(4)

Preliminary plat review. The administrative officer, or designee, will review the preliminary plat for the planning and zoning commission for conformance to this ordinance and other relevant regulations. The planning and zoning commission will consider the comments or suggestions of the appropriate review agencies requested to review the preliminary plat. The administrative officer, or designee, will indicate on the preliminary plat (or by a written memorandum attached to the preliminary plat) for the planning and zoning commission any comments or suggested changes that are necessary to meet the intent of this ordinance or to serve the best interests of Butts County.

(5)

Public hearing. Before acting on the preliminary plat, the planning and zoning commission will schedule a public hearing on the preliminary plat. Notice of the hearing must be published in a newspaper of general circulation in Butts County at least 15 days before the hearing.

(6)

Action of the planning and zoning commission. No more than 45 days after the official date of submission of the preliminary plat, the planning and zoning commission will either approve the plat, conditionally approve the plat (noting the conditions of approval on the plat), or not approve the plat. Action may be taken on the entire preliminary plat or any portion of it.

(7)

Failure of planning and zoning commission to act. If the planning and zoning commission fails to act within 45 days of the official date of submission of the preliminary plat, the preliminary plat will be deemed to be automatically approved by the planning and zoning commission.

(8)

Approval of preliminary plat. Approval of a preliminary plat is effective and binding upon the planning and zoning commission for a period of no more than three years. Before the three-year period expires, the subdivider may submit to the planning and zoning commission a request in writing for an extension of time. If the planning and zoning commission grants such an extension, final subdivision construction drawings must be submitted, approved, and work must begin within the limits of the extension.

(b)

Specifications for preliminary plat. The preliminary plat must meet the minimum standards of design set forth in this ordinance and must include the following:

(1)

General.

a.

Title block including proposed name of subdivision and name of former subdivision, if any or all of the proposed subdivision has been previously subdivided.

b.

Plat key including:

1.

Name and address of person in charge of plat preparation;

2.

Date of plat preparation with space for revision dates;

3.

Graphic scale of one inch equals 200 feet or larger;

4.

North point, identified as magnetic, true, or grid north;

5.

Area of proposed subdivision in acres; and

6.

Appropriate legend of symbols used on plat.

c.

Location sketch map locating the subdivision in relation to the immediately surrounding area and showing generally:

1.

Well-known landmarks such as railroads, highways, bridges, creeks, etc.;

2.

Zoning district classification(s) of land to be subdivided and adjoining properties; and

3.

Government jurisdictional boundaries and land lot lines, if applicable.

d.

Entire tract. The subdivider may and is encouraged to submit a preliminary plat of his entire tract, even though his present plans may call for the actual development of only a small portion of the property. Regardless of the area covered by the preliminary plat, any unit divisions or phasings of unit divisions intended in the preparation of the final plat must be represented on the preliminary plat.

e.

Resubdivision. In the case of resubdivision, a copy of the existing plat with the proposed resubdivision superimposed on it must be provided.

f.

Elevations. All elevations must refer to mean sea level datum.

g.

Sheet size must be no larger than 36 inches wide and 24 inches long. A margin two inches wide must be on the left side for binding purposes, and margins of one-half inch must be on the other three sides. If the complete plat cannot be shown on one sheet of this size, it may be shown on more than one sheet with an index map on a separate sheet of the same size.

(2)

Features of site to be shown on plat.

a.

Location and estimated dimensions of all property boundary lines of the subdivision.

b.

Plot or plans may be required for certain lots. Field run topographic surveys or aerial mapping using standard photogrammetric methods may be required for particular lots having site specific drainage problems, at a contour interval of five feet.

c.

Location and size of existing cultural features on or adjacent to the proposed subdivision including:

1.

Right-of-way, pavement widths, and names of existing and platted streets;

2.

Railroads and railroad rights-of-way;

3.

Bridges, buildings, and other structures;

4.

All surface utility lines within easements or rights-of-way on or adjoining the tract (showing the location of towers or poles);

5.

Existing sewers, water mains, drains, culverts, and other underground facilities or utilities within easements or rights-of-way on or adjoining the tract (grades and invert elevation of sewer must also be shown);

6.

All other easements and rights-of-way; and

7.

Cemeteries.

(3)

Proposed conditions and facilities.

a.

Layout of all streets and other accessways with right-of-way and pavement widths, as well as proposed street names.

b.

Layout of all lots, including all building setback lines; scaled dimensions on lots; utility easements with width and use; block number; and lot numbers.

c.

A description of proposed sewage disposal systems (individual, community, or public) with preliminary approval by the Butts County Health Department shown by type of system proposed, if applicable.

d.

A description of proposed water supply systems (individual, community, or public) with preliminary approval by the Butts County Health Department and/or the Butts County Water and Sewer Authority shown by type of system proposed, if applicable.

e.

A description of proposed drainage provisions.

f.

Designation of lands to be reserved or dedicated to public use.

g.

All land uses, including areas to be occupied by uses other than single-family dwellings, including the following nonresidential uses:

1.

Multi-family residential;

2.

Commercial;

3.

Industrial; and

4.

Recreation, open space, and areas for other such uses.

(4)

Certificate of tentative approval. A certificate of tentative approval of the preliminary plat by the planning and zoning commission will be inscribed on the plat.

(a)

Submission and approval of construction plans.

(1)

Construction plan submission. After the preliminary plat of the proposed subdivision has been given approval by the planning and zoning commission, the subdivider may submit construction plans to the administrative officer.

(2)

Format. Five copies of the construction plans must be submitted to the administrative officer. The scale on the construction plans must be at least 100 feet to the inch.

(3)

Approval of construction plans. Approval of construction plans and issuance of a land disturbance permit constitutes authorization to proceed with the installation of any planned improvements.

(b)

Specifications for construction plans. The construction plans must conform to all specifications required for the preliminary plat and include the following:

(1)

Detailed plot or site plans may be required for certain lots. Detailed field run topographic surveys may be required for particular lots having site specific drainage problems. All site plans must be based on a field run topographic survey or aerial survey based on standard photogrammetric methods with a maximum contour interval of two feet, right-of-way, property, and lot boundary lines platted sufficiently to reproduce the subdivision in the field.

(2)

Provisions for proper drainage.

(3)

Soil erosion and sediment control plans as are required by local ordinances.

(4)

Such street profiles, cross sections and details as may be necessary to illustrate proposed street construction standards.

(5)

Utility plans.

(6)

Any tree planting plans or other landscaping plans.

(7)

Stormwater system must be designed to adequately contain runoff and shown on drawings, sections, and profiles, with pipe sizes, elevations at inlets, and outfalls with ditching on property lines where required. Current design standard for stormwater control is based on a 25-year event. A 20-foot easement must be provided for these features. Any specifications and details required by the ordinance shall adhere to the "Manual for Erosion and Sediment Control in Georgia" and exhibited on plans submitted by the subdivider.

(8)

A bond may be secured by the developer for 100 percent of the estimated cost of the improvements prior to undertaking any site improvements.

(9)

Certifications:

a.

The following certifications must be in a form and substance approved by the planning and zoning commission and inscribed directly on the construction plans:

1.

Construction plans must bear the seal of a registered professional engineer (PE) or landscape architect (RLA).

2.

Certificate or statement of approval of the drainage provisions within the proposed subdivision.

b.

The following additional certifications must be in a form and substance approved by the administrative officer and inscribed directly on the construction plans or provided as an attachment in a format approved by the administrative officer:

1.

Certificates or statements of approval of the sewage disposal system in the proposed subdivision obtained from Butts County, the Butts County Health Department, and the Environmental Protection Division of the Georgia Department of Natural Resources, as applicable.

2.

Certificates or statements of approval of the water system in the proposed subdivision obtained from Butts County, the Butts County Health Department, and the Environmental Protection Division of the Georgia Department of Natural Resources, as applicable.

3.

Certificate, written permission or approved plans from the Georgia Department of Transportation, if property connects to a state road.

(a)

Submission of as-built plans.

(1)

As-built plan submission. After the construction of the following structures, the developer shall submit as-built plans to the administrative officer:

a.

New streets to be dedicated for public use. As-built plans shall show horizontal and vertical alignment.

b.

Storm drainage infrastructure that is part of a stormwater system being dedicated for public maintenance. As-built plans shall show pipe size, slope, elevation, and construction material and structure type, size and top/bottom elevations.

c.

Water utility infrastructure that is to be part of the public water system. As-built plans shall show the size, material and location of the water system infrastructure, as well as valves and fire hydrants.

d.

Sewer system infrastructure that is to be part of a public sewer system. As-built plans shall show size, material, slope and elevation of sewer infrastructure; manholes including tops and inverts and other structures required by the authority providing sewer service.

e.

Detention ponds. As-built plans shall show size, depth, storage capacity, outlet control structure detail and as-built routing.

(2)

Five copies of the as-built plans must be submitted to the administrative officer. The scale on the as-built plans must be 50 feet or less to the inch.

(3)

Certifications:

a.

As-built plans must bear the seal of a registered professional engineer (PE), surveyor or other professional approved by the zoning administrator as qualified to issue the certification.

b.

Where the particular infrastructure is for the provision of a service provided by an authority other than Butts County, the as-built plans shall show the infrastructure's approval by such authority.

(4)

The zoning administrator may waive the requirement for as-built plans upon reasonably finding that such structure is of a size and type that it will not materially impact any public infrastructure or service or impose any significant public maintenance obligation in the event that the owner is unable to maintain it.

(b)

Approval of as-built plans. Approval of as-built plans shall constitute authorization to proceed with final plat approval and dedication and shall be a pre-requisite to the issuance of certificates of occupancy.

(a)

Submission and approval of final plat.

(1)

Final plat submission. After the preliminary plat of the proposed subdivision has been given tentative approval by the planning and zoning commission, construction plans have been approved by the administrative officer, and required improvements have been completed (or arrangements for required improvements acceptable to the administrative officer have been made), the subdivider may, within three years from the date of the preliminary plat approval, apply for final plat approval. The subdivider must submit at the regular time specified by the community development department before the regularly scheduled monthly meeting of the planning and zoning commission at which the subdivider desires planning and zoning commission action, the following:

a.

A letter requesting review and approval of a final plat and giving the name and address of the person to be notified of the action on the final plat.

b.

Two 17-inch by 22-inch copies and fifteen 11-inch by 17-inch copies of the final plat and other documents as may be specified are required for submission. An electronic copy in formats as specified by the administrative officer may be required. The scale of the plat must be at least 100 feet to the inch. Five 17-inch by 22-inch copies are required for recording and files after all approvals have been granted.

(2)

Official date of submission. The official date of submission of the final plat will be the date that all required documents have been received by the administrative officer.

(3)

Final plat review. The administrative officer will review the final plat for conformance with the tentatively approved preliminary plat as well as with this ordinance and other relevant regulations and shall recommend approval or denial of the final plat to the planning and zoning commission and the Butts County Board of Commissioners.

(4)

Action of the administrative officer and the Butts County Board of Commissioners. No more than 45 days after the official date of submission of the final plat, the administrative officer will either recommend to the board of commissioners the issuance of a certificate of approval for recording, conditionally approve the plat (noting the conditions of approval on the plat), or disapprove the plat. If the final plat is conditionally approved, once the subdivider has complied with the conditions indicated, the board of commissioners will issue a certificate of approval on the plat, or disapprove the plat. If the final plat is disapproved, the board of commissioners will notify the subdivider in writing, stating the reasons for disapproval. One copy and the original will be made part of the record of the administrative officer. Action may be taken on the entire plat or any portion of it.

(5)

Failure of administrative officer to act and the board of commissioners. If the administrative officer and the board of commissioners fail to act within 15 days after receiving an approval recommendation from the administrative officer, the final plat will be automatically approved by the board of commissioners.

(6)

Approval of final plat. Approval of the final plat authorizes the subdivider to proceed with the recording and dedication procedures.

(b)

Specifications for final plat. The final plat must meet the minimum standards of design set forth in this ordinance and must include the following:

(1)

General.

a.

Title block including:

1.

Name and address of owner(s) of record; and

2.

Proposed name of subdivision and name of former subdivision, if any or all of the proposed subdivision has been previously subdivided.

b.

Plat key including:

1.

Name and address of person in charge of plat preparation;

2.

Date of plat preparation with space for revision dates;

3.

Graphic scale of one inch equals 200 feet or larger;

4.

North point, identified as magnetic, true, or grid north;

5.

Area of proposed subdivision in acres; and

6.

Appropriate legend of symbols used on plat.

c.

Location sketch map locating the subdivision in relation to the immediately surrounding area and showing generally:

1.

Well-known landmarks such as railroads, highways, bridges, creeks, etc.;

2.

Zoning district classification(s) of land to be subdivided and adjoining properties; and

3.

Government jurisdictional boundaries and land lot lines, if applicable.

d.

Elevations: All elevations must refer to mean sea level datum.

e.

Sheet size must be no larger than 17 inches wide and 22 inches long. A margin two inches wide must be on the left side for binding purposes, and margins of one-half inch must be on the other three sides. If the complete plat cannot be shown on one sheet of this size, it may be shown on more than one sheet with an index map on a separate sheet of the same size.

(2)

Features of site to be shown on plat.

a.

Exact boundary lines of the tract, to be indicated by a heavy line, giving distances to the nearest one-tenth foot and angles to the nearest minute, which must be balanced and closed with an error of closure not to exceed one to 5,000. The error of closure must be stated.

b.

Plot or site plans may be required for certain lots. Field run topographic surveys may be required for particular lots having site specific drainage problems. All commercial site plans must be based on a field run topographic survey with a maximum contour interval of two feet. This specification is not required of rural subdivisions.

c.

Location of natural features, including streams and watercourses with direction of flow and acreage of the drainage area affecting the proposed subdivision, water bodies, swamps, floodplains, tree line of wooded areas, and orchards and other agricultural groves.

d.

Location of adjoining property lines and names of owner(s) of record and/or the location of adjoining subdivision lines and names.

e.

All existing buildings and structures to be maintained within the proposed subdivision.

f.

Exact locations, widths, and names of all streets and public accessways within and immediately adjoining the platted property.

g.

Street centerlines showing angles of deflection, angles of intersection, radii, length of tangents and arcs, and degree of curvature with basis of curve data.

h.

Lot lines with dimensions to the nearest 0.01-foot area, necessary internal angles, arcs, chords, tangents, and radii or rounded corners.

i.

Lot sizes to the nearest 0.001 of an acre.

j.

Building setback line with dimensions.

k.

Lot width at the building line, for each specific lot of which the side lot lines are at angles other than 90 degrees.

l.

Lots or sites numbered in numerical order and blocks lettered alphabetically.

m.

Location, dimensions, and purpose of all drainage structures and of any easement, including slope easements, if required, and public service utility right-of-way lines; any areas to be reserved, donated, or dedicated to public use; any sites for other than single-family residential use, with designations stating purpose or proposed use, area, any use limitations; and any areas to be reserved by deed covenants for common use of all property owners.

n.

Location of any cemeteries.

o.

Any private covenants to be recorded with the plat attached.

p.

Any as-built conditions not exhibited in the construction plans.

(3)

Certifications.

a.

The following certifications must be in a form and substance approved by the planning and zoning commission and inscribed directly on the final plat:

1.

A registered land surveyor's certification;

2.

An owner's certificate;

3.

A certificate of approval for recording by the planning and zoning commission; and

4.

A certificate of approval by the Butts County Health Department.

b.

The following certificates or statements must be attached to the final plat when applicable:

1.

Certificate(s) or statement(s) of guaranty to dedicate; and

2.

Certificate or statement of approval of streets, whether or not the streets are to be dedicated to the public.

(4)

[Special conditions.] A listing of ALL covenants, deed restrictions, and special conditions shall appear on the final plat to be recorded with the clerk of the superior court and/or filed with the Butts County Community Development Department.

(c)

Recording and dedication.

(1)

Recording of final plat. Upon approval of a final plat, the subdivider must have the final plat recorded in the office of the clerk of the superior court of Butts County. The subdivider will be responsible for the payment of the recording fee at the time of recording of the final plat.

(2)

Dedication of platted streets, other public spaces, and utilities. Final plat approval by the administrative officer does not constitute acceptance of any dedications to the public. After final plat approval by the administrative officer, the subdivider must prepare appropriate documents and plans as constructed, if required, and request Butts County and other appropriate authorities to accept dedicated streets, other public spaces, and utilities.

(a)

The landscape plan shall be included as a separate plan sheet along with other plan sheets for other site improvements when an application is made for a development permit.

(b)

A landscape plan shall be submitted upon application for a development permit. The plan shall include sufficient information to determine whether the proposed landscape improvements are in conformity with this section, including the following:

(1)

Identification of all trees, natural features and man-made structures that will be retained upon the site;

(2)

A description of proposed landscaping improvements and plantings, including the species, size, quantity and location of trees, shrubs and other landscaping materials;

(3)

Identification of all proposed structures, vehicle use areas, sidewalks, wheel stops or curbs, walls and fences; and

(4)

A depiction of adjoining streets and parcels sufficient to identify the same and to demonstrate the relationship between the development and the same.

(a)

Applicants for developments involving the construction of roads or infrastructure which will be publicly owned or maintained shall be required to obtain and provide to the county letters of credit or maintenance bonds in an amount sufficient to guarantee the maintenance of infrastructure and improvements throughout the construction process and for a reasonable time thereafter.

For developments with multiple phases of construction, the zoning administrator shall require that portions of a previously approved phase be placed under an extended letter of credit or maintenance bond if the previously approved phase is used as access for construction traffic for the development of future phases. A plan showing the various streets that will be used as access for the construction traffic through the previously approved phase shall also be provided. The duration of such an extended letter of credit or maintenance bond shall not exceed three years from the date of approval of the final plat for the final phase of the development.

A letter of credit or maintenance bond shall be released at the end of a three-year period. Ninety days prior to expiration, a final inspection of all subdivision improvements shall be performed by the county to determine the need for any repairs. If repairs are necessary, the zoning administrator shall provide written notice to the applicant. The zoning administrator may require the letter of credit or maintenance bond to be extended to ensure the completion of repairs started but not completed during the bond period. If the applicant fails to take the necessary action to make repairs within 30 days of notification by the county, the zoning administrator shall authorize the surety or bank issuing the letter of credit or maintenance bond to release to the county all funds.

(b)

Requirements for irrevocable letters of credit or maintenance bond.

(1)

The letter of credit or maintenance bond shall be issued from a bank or surety having Georgia offices and shall include local contact name, phone number, and local physical address of the bank. No post office boxes shall be allowed.

(2)

A letter of credit or maintenance bond from other institutions shall be subject to approval by the zoning administrator who shall be authorized to reject a letter of credit or maintenance bond upon reasonably determining that the obligor or surety is unreliable or there would be practical difficulties in enforcing the obligation of the letter of credit or maintenance bond for other reasons.

(3)

The letter of credit or maintenance bond shall name the Butts County Board of Commissioners as obligee.

(4)

The amount of the letter of credit or maintenance bond shall be determined by the county engineer and shall represent the reasonable cost of completion and maintenance of the work to be performed.

(c)

Time period for a letter of credit or maintenance bond.

(1)

A letter of credit or maintenance bond for infrastructure and other public improvements shall remain in effect for three years from the date of final plat approval. During the three-year period, it shall be the applicant's responsibility to repair any defects that occur in the streets, drainage systems, stormwater detention systems and any other infrastructure covered by the letter of credit or maintenance bond.

(2)

The Butts County Board of Commissioners may draw upon this letter of credit or maintenance bond to the amount set forth above upon presentation to the surety company of the following: A letter from the Butts County zoning administrator stating that the principal has failed to meet its obligations with regard to making all of the required repairs and that the cost of the repairs equals or exceeds the amount of the letter of credit or maintenance bond.

Unless otherwise required by ordinances of Butts County, any proposed action that includes zoning decisions for rezoning of property, special use of property, variance or conditions concurrent with a rezoning or special use shall only require one hearing pursuant to O.C.G.A. § 36-66-4(a).

(Ord. No. CR202334, § 6, 6-26-2023)

(a)

Procedures for zoning decisions as defined in O.C.G.A. § 36-66-3(4) that amend zoning classifications or definitions related to single-family residential uses so as to authorize multifamily uses on the subject property pursuant to such classifications or definitions shall be in accordance with the following stated procedures.

(1)

Notwithstanding any other provisions to the contrary, when a proposed zoning decision relates to an amendment of the zoning ordinance to revise one or more zoning classifications or definitions relating to single-family residential uses of property so as to authorize multifamily uses of property pursuant to such classification or definitions, or to grant blanket permission, under certain or all circumstances, for property owners to deviate from the existing zoning requirements of a single-family residential zoning, such zoning decision must be adopted in the following manner:

a.

The zoning decision shall be adopted at two regular meetings of the board of commissioners making the zoning decision, during a period of not less than 21 days apart; and

b.

Prior to the first meeting provided for in subparagraph a. of this section, at least two public hearings shall be held on the proposed action. Such public hearings shall be held at least three months and not more than nine months prior to the date of final action on the zoning decision. Furthermore, at least one of the public hearings must be held between the hours of 5:00 p.m. and 8:00 p.m. The hearings required by this subparagraph shall be in addition to any hearing required under section 10.00.06 of this Code. The local government shall give notice of such hearing by:

1.

Posting notice on each affected premises in the manner prescribed by subsection 10.02.03(c) of this Code; provided, however, that when more than 500 parcels are affected, in which case posting notice is required every 500 feet in the affected area; and

2.

Publishing in a newspaper of general circulation within the territorial boundaries of the county a notice of each hearing at least 15 days and not more than 45 days prior to the date of the hearing. Both the posted notice and the published notice shall include a prominent statement that the proposed zoning decision relates to or will authorize multifamily uses or give blanket permission to the property owner to deviate from the zoning requirements of a single-family residential zoning of property in classification previously relating to single-family residential uses. The published notice shall be at least nine column inches in size and shall not be located in the classified advertising section of the newspaper. The notice shall state that a copy of the proposed amendment is on file in the office of the clerk or the recording officer of the county and in the office of the clerk of the Superior Court of Henry County for the purpose of examination and inspection by the public. The county shall furnish anyone, upon written request, a copy of the proposed amendment, at no cost.

(2)

The provisions of paragraph (1) of this section shall also apply to any zoning decisions that provide for the abolition of all single-family residential zoning classifications within the territorial boundaries of the county or zoning decisions that result in the rezoning of all property zoned for single-family residential uses within the territorial boundaries of the county to multifamily residential uses of property.

(3)

This subsection shall not apply to zoning decisions for the rezoning of property from a single-family residential use of property to a multifamily residential use of property when the rezoning is initiated by the owner or authorized agent of the owner of such property.

(Ord. No. CR202334, § 7, 6-26-2023)

The final decisions of administrative officials may be appealed by filing a written notice of appeal with the administrative official within 30 days of the date of the decision. The administrative official shall compile the record and transmit it to the board of zoning appeals within ten business days of the filing of the notice of appeal. The board of zoning appeals shall cause the matter to come on for a hearing at an open meeting held within 60 days of the transmittal of the record, unless the appellant consents to a later meeting. The board of zoning appeals shall follow its by-laws for the conduct of such hearing, but in all cases the appellant shall have notice of the hearing and shall have an opportunity to be heard that is equal to the person speaking in opposition to the appeal. The board of zoning appeals shall issue a decision which either approves, overrules or modifies the appealed decision in a manner that accords with the purpose and intent of this UDO.

Appeals of quasi-judicial decisions defined by O.C.G.A. § 36-66-3(1.1) shall be appealed pursuant to O.C.G.A. § 36-66-5.1(a)(2) by writ of certiorari to superior court and shall be filed with the Butts County Superior Court within 30 days of the date of the decision to be appealed.

(Ord. No. CR202334, § 8, 6-26-2023)

Appeals of final decisions of the planning commission shall be to the Butts County Board of Commissioners. A notice of appeal shall be filed with the zoning administrator within 30 days of the date of the decision appealed. The zoning administrator shall compile the record and cause it to be transmitted to the board of commissioners within ten business days of the filing of the notice of appeal. The board of commissioners shall cause the matter to come on for a hearing at an open meeting held within 60 days of the transmittal of the record, unless the appellant consents to a later meeting. The board of commissioners shall follow the policies and procedures for the conduct of public hearings, but in all cases the appellant shall have notice of the hearing and shall have an opportunity to be heard that is equal to the person speaking in opposition to the appeal. The board of commissioners shall issue a decision which either approves, overrules or modifies the appealed decision in a manner that accords with the purpose and intent of this UDO.

(a)

Zoning decisions as defined by O.C.G.A. § 36-66-3(4) shall be appealed pursuant to O.C.G.A. § 36-66-5.1(a)(1) by de novo appeal and shall be filed with the Butts County Superior Court within 30 days of the date of the decision to be appealed and in accordance with the provisions of law for such appeals.

(b)

Quasi-judicial decisions as defined by O.C.G.A. § 36-66-3(1.1) shall be appealed by the filing of a petition for writ of certiorari in the Superior Court of Butts County pursuant to O.C.G.A. § 36-66-5.1(a)(2) and in accordance with the provisions of law for such appeals.

(Ord. No. CR202334, § 9, 6-26-2023)

(a)

In order to comply with O.C.G.A. § 36-66-5.1(c), the chairman of the board of commissioners, chairman of the planning commission, and/or chairman of the board of zoning appeals, as appropriate, is authorized to issue certiorari bonds and certificates of costs upon confirmation with county staff that such approvals are appropriate.

(b)

For purposes of certiorari proceedings, the chairman of the board of commissioners, chairman of the planning commission, and/or chairman of the board of zoning appeals, as appropriate, is authorized to accept service on behalf of the respondent. The chairman of the board of commissioners is authorized to accept service of process on behalf of Butts County as opposite party.

(Ord. No. CR202334, § 10, 6-26-2023)

The jurisdiction for actions brought pursuant to this UDO shall be in the magistrate and superior courts of Butts County.

It shall be a violation of this UDO to:

(a)

Use or develop property without a permit required by this UDO for such use or development;

(b)

Use or develop any property for use that is not permissible in the applicable zoning district;

(c)

Use or develop property in violation of the conditions and limitations for such use or development set forth in this UDO or pursuant to permit or other approval;

(d)

Construct or move any structure in violation of the applicable provisions of this UDO; or

(e)

Violate any provision of this ordinance, or fail to remedy any violations upon notice.

(a)

The zoning administrator shall be responsible for enforcement of the provisions of this UDO.

(b)

When a building or other structure has been constructed in violation of this section, the violator may be required to remove the structure at the discretion of the zoning administrator and/or building official.

(c)

When removal of vegetative cover, excavation, or fill has taken place in violation of this section, the violator may be required to restore the affected land to its original contours and to restore vegetation, as far as practicable, at the discretion of the zoning administrator.

(d)

The zoning administrator shall have the authority to issue stop-work orders where work is being performed in violation of this ordinance or any permit or approval issued pursuant to this ordinance.

Anyone who violates any of the provisions of this ordinance, upon conviction, will be fined no more than $1,000.00 for each offense unless state law expressly provides otherwise. In addition, s/he must pay all costs and expenses involved in the case. Each day such a violation continues constitutes 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 a violation, may each be found guilty of a separate offense and suffer the penalties provided here.

If any building or land is used or maintained in violation of this ordinance, the county may initiate legal proceedings to obtain an injunction or any other appropriate remedy to stop the violation or to prevent any act which would constitute such a violation.